Platform terms of use
1. What this platform is
The Incwert ESOP platform is software for recording and administering employee stock incentive plans. It stores the information you enter, applies the plan terms you configure, and produces reports and calculations from them. It is a record-keeping and administration tool.
2. Your information, your responsibility
You are responsible for the information entered into the platform, whether entered by your team, imported from another system, or provided to Incwert for entry on your behalf. This includes employee particulars, scheme and grant terms, vesting schedules, exercise records, share capital and valuation inputs.
3. Accuracy and completeness
Outputs depend entirely on what is entered. The platform validates what it reasonably can and will refuse data it cannot interpret, but it cannot know whether a figure is correct — only whether it is well formed. Incomplete or inaccurate information will produce incomplete or inaccurate results, and reviewing outputs against your own records remains your responsibility.
4. Not legal, tax, accounting or regulatory advice
Use of the platform does not by itself constitute legal, tax, accounting, valuation or regulatory advice, and no output generated by it should be relied upon as such. Nothing in the platform creates an adviser–client relationship. Your obligations under the Companies Act, SEBI regulations, FEMA, applicable tax law and applicable accounting standards remain yours, and the platform does not discharge them.
5. Advisory services are separate
Incwert Advisory Private Limited provides ESOP design, structuring, implementation, compliance and valuation services under separate engagement terms. Where you engage Incwert for such services, those engagement terms govern that work. Access to this platform neither includes those services nor extends their scope.
6. Valuation outputs
Any valuation figure, fair market value, per-share value or derived amount shown in the platform reflects values recorded by your organisation or supplied to it. Such figures are not a valuation opinion issued by Incwert. Valuations required for financial reporting, for taxation of perquisites, or for any statutory or regulatory purpose require a separate valuation engagement and appropriate professional review, and must not be substituted by a figure displayed on screen.
7. Employee-facing information
Information shown to employees is generated from your records. It is provided for information only, does not constitute an offer, entitlement, promise of employment or guarantee of value, and does not vary the terms of any grant. The governing plan documents and grant letters prevail over anything displayed in the platform.
8. Availability and change
The platform is provided on an "as is" and "as available" basis. Features may change, and access may be interrupted for maintenance or for reasons outside Incwert’s control. Maintaining your own records of your equity plan remains prudent and remains your responsibility.
9. Limitation of liability
To the maximum extent permitted by applicable law, Incwert Advisory Private Limited shall not be liable for any indirect, incidental, special, consequential or punitive loss, nor for any loss of profit, revenue, goodwill or anticipated saving, arising from use of or inability to use the platform. Incwert’s aggregate liability arising out of or in connection with the platform shall not exceed the fees paid for platform access in the twelve months preceding the event giving rise to the claim. Nothing in this clause limits liability that cannot lawfully be limited, including liability for fraud or for death or personal injury caused by negligence.
10. Confidentiality and access
Your data is held separately from that of every other customer and is accessible only to users you authorise. Incwert personnel may access your workspace where necessary to provide support or contracted services; such access is explicit, time-limited, requires a stated reason, and is recorded in an access log visible to you.