These Terms & Conditions must be read together with the Caply Privacy Policy, which forms an integral part of these Terms.
The mobile application "CAPLY" ("Application") is owned and operated by CAPLY FINTECH LLP, a Limited Liability Partnership incorporated under the Limited Liability Partnership Act, 2008, having its registered office in India ("Caply", "Company", "we", "us", or "our").
Caply operates the Application as a technology platform that facilitates access to mutual fund and other financial products. Mutual fund distribution services made available through the Application are provided by Money Trail Securities, a Mutual Fund Distributor registered with AMFI under ARN-190417 (EUIN E-105308) (the "Distributor" or "ARN Holder"). The Application offers execution-only services and does not itself provide investment advice.
The User represents and warrants that:
To access investment-related Services, Users must complete registration and Know Your Customer (KYC) requirements as prescribed by applicable regulations. Users may be required to submit:
KYC is carried out through SEBI-registered KYC Registration Agencies (KRAs), the Central KYC Registry (CKYC) and/or other authorised channels. Where Aadhaar is used, it is processed only through authorised eKYC channels permitted under applicable law, and the Application does not store the Aadhaar number except as expressly permitted by the Aadhaar Act, 2016 and the regulations thereunder.
The Application provides execution-only services. Neither Caply nor the Distributor provides investment advice, recommendations, research, or portfolio management services, and no content or communication on the Application shall be construed as such. Investment decisions are taken solely by the User on the User's own assessment.
Mutual fund distribution services are provided by the Distributor (MoneyTrail Securities Private Limited, ARN-190417, EUIN E-105308), whose ARN and EUIN are disclosed on the Application. Transactions facilitated through the Application are execution-only transactions undertaken without any advice from the Distributor or Caply. Schemes are offered under regular plans unless otherwise stated.
The Distributor is remunerated by AMCs by way of commission, as described in the Commission and Conflict of Interest Disclosure below.
Mutual funds are offered through regular plans. The Distributor (MoneyTrail Securities Private Limited) receives commission (including trail and/or upfront commission) from the respective AMCs for facilitating transactions in regular plans. The User is not charged this commission separately; it is paid by the AMC out of scheme assets, as disclosed in the relevant scheme documents.
This remuneration may give rise to a conflict of interest. The Distributor and Caply endeavour to manage such conflicts in accordance with SEBI regulations and the AMFI Code of Conduct for distributors. Details of the commission structure applicable to any scheme are available to the User on request.
The Application may contain links to or integrate with third-party websites, platforms, payment gateways, registrars, AMCs, exchanges, and service providers. Caply:
Users are advised to review the terms and privacy policies of such third parties independently.
All trademarks, logos, software, designs, graphics, content, databases, and intellectual property associated with the Application are owned by or licensed to Caply.
Nothing contained in these Terms grants any ownership rights to Users. Users are granted only a limited, revocable, non-exclusive right to use the Application in accordance with these Terms.
To the maximum extent permitted by law, Caply shall not be liable for:
In no event shall Caply or the Distributor be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, goodwill, or investment value.
The User agrees to indemnify, defend, and hold harmless Caply, its partners, employees, affiliates, agents, and service providers against any claims, losses, liabilities, damages, costs, and expenses arising from:
Caply shall not be liable for any delay, interruption, or failure in performance resulting from a Force Majeure Event.
A Force Majeure Event shall not relieve Caply of its obligation to maintain reasonable security safeguards for Personal Data under applicable law.
Caply is committed to protecting personal data in accordance with applicable laws, including the Digital Personal Data Protection Act, 2023 ("DPDP Act"). The collection and processing of Personal Data is governed by the Caply Privacy Policy, which forms an integral part of these Terms.
Caply processes Personal Data only on the basis of the User's consent or as otherwise permitted under the DPDP Act. Consent is obtained through a clear affirmative action at the point of collection, against an itemised notice describing the Personal Data collected, the specific purpose, and the goods or services enabled by such processing. The User may withdraw consent at any time, as easily as it was given, through the settings provided in the Application; withdrawal does not affect processing carried out prior to withdrawal or processing required to be continued under applicable law.
Caply may share personal data with AMCs, RTAs, exchanges, banks, payment gateways, regulators, government authorities, and authorized service providers as required for service delivery and legal compliance. Such recipients act as data processors or independent recipients, as applicable, and are bound by appropriate contractual obligations to protect Personal Data.
Personal Data is retained only for as long as necessary for the purposes for which it was collected, after which it is erased, save where retention is required under applicable law (including the Prevention of Money Laundering Act, 2002 and SEBI/AMFI record-keeping requirements, typically for a minimum of five (5) years from the end of the relationship or transaction).
Personal Data is stored and processed in India. Where Personal Data is transferred to or accessed from outside India, such transfer is undertaken only in accordance with the DPDP Act and any conditions notified by the Central Government, and subject to applicable data-localisation requirements (including those of the Reserve Bank of India for payment data).
In the event of a personal data breach, Caply will notify the affected Users and the Data Protection Board of India in the manner and within the timelines prescribed under the DPDP Act.
The Services are intended only for persons aged 18 years and above. Caply does not knowingly collect or process the Personal Data of children.
The User agrees to receive communications electronically through email, SMS, WhatsApp, notifications, telephone calls, or other electronic channels. Such communications may include:
Consent for marketing communications is separate from consent for service-related communications and may be withdrawn at any time without affecting the User's access to the Services. Commercial communications are sent in accordance with applicable regulations, including TRAI regulations on unsolicited commercial communications.
Electronic communications shall be deemed legally valid and equivalent to written communications.
Caply may suspend, restrict, or terminate User access:
Rights and obligations accrued prior to termination shall survive termination. Upon termination, the User remains responsible for transactions already initiated, and existing investments continue to be held with the respective AMCs/RTAs independently of the Application.
The User shall comply with all applicable provisions of the Prevention of Money Laundering Act, 2002 (PMLA) and the rules and guidelines issued thereunder. Caply and the Distributor may, in accordance with applicable law, carry out due diligence, monitor transactions, seek additional information, report suspicious transactions to the relevant authorities, and suspend, freeze, or refuse transactions where required to comply with anti-money-laundering and counter-terrorism-financing obligations.
Caply and the Distributor maintain records of transactions, communications, and KYC documentation as required under applicable SEBI regulations, AMFI guidelines, the PMLA, and the Information Technology Act, 2000, for the periods prescribed thereunder. Such records may be relied upon for audit, regulatory, and dispute-resolution purposes.
Users may submit complaints, service requests, or data protection grievances through the contact details provided on the Application.
Caply shall endeavor to address grievances within timelines prescribed by applicable laws and regulations.
If a grievance relating to a mutual fund transaction is not satisfactorily resolved, the User may escalate it to the concerned AMC and/or RTA, and thereafter to SEBI through the SCORES portal (scores.sebi.gov.in), or seek resolution through the Online Dispute Resolution (ODR) mechanism available on the SMART ODR portal (smartodr.in). Grievances relating to the conduct of the Distributor may also be raised with AMFI.
Data-protection grievances will be addressed by the Grievance Officer within the timelines prescribed under the DPDP Act. If the User is not satisfied with the response, the User may approach the Data Protection Board of India.
Caply reserves the right to amend, modify, or update these Terms at any time. Updated Terms shall become effective upon publication on the Application. Continued use of the Application after such publication shall constitute acceptance of the revised Terms.
These Terms shall be governed by and construed in accordance with the laws of India.
Subject to applicable laws, the courts at Kochi, Kerala shall have exclusive jurisdiction over disputes arising from or relating to these Terms, the Application, or the Services. Nothing in this clause shall affect any right available to a User as a "consumer" under the Consumer Protection Act, 2019 to approach the appropriate consumer dispute redressal forum, or any mandatory dispute-resolution mechanism prescribed by SEBI.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
The User may not assign or transfer any rights or obligations under these Terms without Caply's prior written consent. Caply may assign these Terms to an affiliate or successor.
No failure or delay by Caply in exercising any right shall operate as a waiver of that right.
Notices to the User may be given through the Application or to the contact details provided by the User. Notices to Caply may be given to the Grievance Officer at admin@caply.in.
These Terms, together with the Privacy Policy, constitute the entire agreement between the User and Caply in relation to the Application and supersede all prior understandings.
Provisions that by their nature are intended to survive termination, including those relating to liability, indemnity, intellectual property, governing law, and record retention, shall survive.