Terms of Service

Last updated: 5 April 2026  ·  Questions: legal@phoinix.nl

These Terms of Service ("Terms") govern your access to and use of the Kairos platform (the "Service") operated by Phoinix Payment Solutions ("Company", "we", "us", or "our"), registered in the Netherlands.

By registering an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Description of the Service

Kairos is an automated trading tool that connects to your own brokerage account (currently via Alpaca Markets) and, at your direction, uses an AI model (Claude by Anthropic) to analyse market data and submit trade orders on your behalf.

What the Service is:

  • Software that automates trade execution on accounts you own and control
  • A tool for users who have already decided to engage in stock trading
  • A time-saving automation layer that follows rules and parameters you configure

What the Service is not:

  • A financial adviser, investment adviser, or broker-dealer
  • A portfolio manager or discretionary manager
  • A financial product regulated under MiFID II, the Dutch Financial Supervision Act (Wft), or any equivalent legislation
  • A guarantee of trading profits or protection against losses

We do not hold or custody your funds at any point. All trades occur in accounts owned and operated by you, through Alpaca's brokerage infrastructure.

2. Eligibility

You must:

  1. Be at least 18 years old
  2. Have the legal capacity to enter into a binding contract in your jurisdiction
  3. Have an active, verified account with Alpaca Markets (or another supported broker)
  4. Not be located in a jurisdiction where automated trading tools are prohibited or restricted
  5. Not be acting as a registered investment adviser on behalf of third-party clients

By registering, you represent and warrant that all of the above are true.

3. Not Investment Advice

This is our most important clause. Please read it.

Nothing the Service does — including any trade signal, market analysis, model output, or trade executed on your behalf — constitutes investment advice, a recommendation to buy or sell any security, or financial planning advice of any kind.

  • The AI model (Claude) analyses publicly available market data and applies pattern-matching logic. It does not know your complete financial situation, investment objectives, tax status, or risk tolerance beyond what you explicitly configure.
  • Past performance of any trade, strategy, or cycle shown in the Service does not indicate or guarantee future performance.
  • You acknowledge that all trading involves risk, including the risk of total loss of invested capital.
  • You are solely responsible for all investment and trading decisions, even when those decisions are executed automatically by the Service on your behalf.

If you require investment advice tailored to your personal financial situation, consult a qualified, licensed financial adviser.

4. User Responsibilities

You are responsible for:

  1. Your brokerage account. You maintain sole ownership and control of your Alpaca account. You are responsible for complying with Alpaca's own terms of service and any applicable regulatory requirements (e.g., PDT rules for U.S. accounts under $25,000).

  2. Your configuration. The Service executes within the parameters you set (position size limits, watchlists, stop-loss and take-profit levels, etc.). You are responsible for setting parameters appropriate to your risk tolerance and financial situation.

  3. Monitoring. Automated trading does not remove your obligation to monitor your account. You should regularly review your open positions, trade history, and bot activity. We are not responsible for losses arising from your failure to monitor.

  4. API keys. You are responsible for keeping your Alpaca API credentials secure. You must notify us immediately if you believe your credentials have been compromised.

  5. Tax compliance. You are solely responsible for reporting and paying any applicable taxes on trading gains in your jurisdiction.

  6. Regulatory compliance. You are responsible for understanding whether automated trading is permitted in your jurisdiction and for any regulatory obligations applicable to you personally.

5. Account Registration and Security

To use the Service, you must create an account with a valid email address and password.

  • You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account.
  • You must notify us immediately of any unauthorised use of your account at legal@phoinix.nl.
  • We offer optional two-factor authentication (TOTP); we strongly recommend enabling it.
  • We reserve the right to suspend or terminate accounts that we believe have been compromised or are being used fraudulently.

6. API Key Storage and Security

When you connect your Alpaca account, you provide your Alpaca API key and secret. We:

  • Encrypt these credentials at rest using AES-256 (Fernet) encryption before storing them in our database
  • Decrypt them only at the moment of making a trade execution call
  • Never log, display, or transmit your credentials in plain text
  • Never share your credentials with third parties

Despite these measures, no system is perfectly secure. You understand and accept the residual risk of storing API credentials with any third-party service.

You may revoke the Service's access to your brokerage account at any time by deleting your API keys from your Alpaca account, which will immediately prevent the Service from placing further orders.

7. Subscription Plans and Billing

Free Plan

The Free plan provides limited access to the Service as described on the pricing page. No payment is required.

Pro Plan

The Pro plan is available at:

  • €49 per month (billed monthly), or
  • €399 per year (billed annually — approximately a 32% saving)

All prices include applicable VAT where required by law.

Billing

  • Subscriptions are managed through Stripe and auto-renew at the end of each billing period.
  • By subscribing, you authorise us to charge your payment method on a recurring basis.
  • You will receive a receipt from Stripe for each charge.

Cancellation

  • You may cancel your subscription at any time from your account settings or by contacting us.
  • Upon cancellation, your Pro access continues until the end of the current billing period. No partial refunds are issued for unused time within a billing period.
  • Annual subscriptions cancelled within 14 days of purchase and before activating the Service may be eligible for a full refund. Contact us at legal@phoinix.nl.

Right of Withdrawal (EU Consumers)

Under EU consumer law (Directive 2011/83/EU), you normally have 14 days to withdraw from a digital service contract without reason. However, by activating your account (connecting a brokerage account or running your first trading cycle), you explicitly request immediate performance of the Service and acknowledge that you thereby waive your right of withdrawal from that moment forward, in accordance with Article 16(m) of the Directive.

If you have not yet activated your account, you may exercise your withdrawal right by contacting us at legal@phoinix.nl within 14 days of your subscription purchase.

Refunds

We do not offer refunds for trading losses incurred while using the Service. Refund requests for subscription fees are handled case-by-case; contact us at legal@phoinix.nl.

Price Changes

We may change subscription prices with 30 days' written notice (by email to the address on your account). Continued use after the notice period constitutes acceptance of the new price.

8. Service Availability

  • We do not guarantee uninterrupted availability of the Service.
  • The trading engine runs during market hours. It may miss cycles due to maintenance, infrastructure issues, or third-party API failures (Alpaca, Anthropic, yfinance, etc.).
  • We are not responsible for missed trades, missed opportunities, or losses arising from downtime, delays, or errors in the Service.
  • We will make reasonable efforts to notify users of planned maintenance.

9. Prohibited Uses

You may not use the Service to:

  1. Engage in market manipulation, wash trading, or any other activity prohibited by applicable securities laws
  2. Circumvent trading regulations that apply to your account (e.g., intentionally violating PDT rules)
  3. Use automated scripts or bots to access the Service itself (as opposed to the trading functionality the Service provides)
  4. Attempt to reverse-engineer, decompile, or extract the underlying AI prompts or trading logic
  5. Resell or sublicense access to the Service without our prior written consent
  6. Use the Service to trade on behalf of third-party clients without appropriate regulatory authorisation
  7. Provide false information during registration or to access a plan you are not entitled to

10. AI Limitations Disclosure

The Service uses Claude (by Anthropic) as its decision engine. You acknowledge:

  • AI models can and do make incorrect assessments. The model may misread market conditions, fail to account for breaking news, or produce outputs that, in hindsight, were clearly wrong.
  • The model does not have access to non-public information. It operates solely on publicly available market data, technical indicators, and the context you provide.
  • Model outputs are not auditable financial advice. They represent a probabilistic pattern-matching process, not a deterministic rule engine.
  • We may update the AI model, system prompt, or trading logic at any time without notice. Changes will be reflected in the PROMPT_VERSION tracked in your trade logs.

11. Intellectual Property

All software, algorithms, prompts, designs, and documentation comprising the Service are owned by or licensed to the Company. You are granted a limited, non-exclusive, non-transferable licence to use the Service for your own personal trading purposes.

You retain ownership of your trade data and configuration settings. You grant us a licence to use anonymised, aggregated data derived from Service usage for the purpose of improving the Service.

12. Privacy

Our collection and use of personal data is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the data practices described in the Privacy Policy.

In summary:

  • We collect your email address and, optionally, your name
  • We store your encrypted API keys, trade logs, and account equity history
  • We do not sell your data to third parties
  • We process your data on the basis of contract performance (providing the Service to you) and, where applicable, legitimate interest

13. Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  1. We are not liable for trading losses. We are not responsible for any financial loss arising from trades executed (or not executed) by the Service, regardless of cause.

  2. We are not liable for third-party failures. We are not responsible for failures, downtime, or errors from Alpaca, Anthropic, or any other third-party service the Service depends on.

  3. Aggregate liability cap. Our total cumulative liability to you for any claim arising under these Terms is limited to the amount you paid us in subscription fees in the three months preceding the claim.

  4. No liability for indirect damages. We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of opportunity, or loss of data.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under Dutch law.

14. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from any claims, liabilities, damages, and expenses (including reasonable legal fees) arising from:

  • Your use of the Service
  • Your breach of these Terms
  • Your violation of any applicable law or regulation
  • Any trade or trading activity conducted through the Service on your behalf

15. Termination

By You

You may terminate your account at any time by contacting us or deleting your account from settings. Upon termination, we will delete your API keys immediately. Trade history and equity records may be retained for up to 7 years for tax/audit purposes unless you explicitly request deletion under GDPR Article 17.

By Us

We may suspend or terminate your account immediately if:

  • You breach these Terms
  • We believe your account poses a security risk
  • We are required to do so by law or court order
  • We discontinue the Service (with 30 days' prior notice)

Upon termination, your right to use the Service ceases immediately. We are not obligated to retain or provide your data after termination, subject to applicable retention obligations.

16. Governing Law and Disputes

These Terms are governed by the laws of the Netherlands.

Any dispute arising out of or relating to these Terms or the Service shall first be submitted to mediation. If mediation fails, disputes shall be resolved by the competent courts in the Netherlands.

If you are a consumer located in the EU, you may also use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

17. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes your acceptance of the updated Terms.

If you do not agree to the updated Terms, you must stop using the Service and may cancel your subscription without penalty before the effective date.

18. Miscellaneous

  • Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Service.
  • Severability. If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force.
  • No Waiver. Our failure to enforce any provision of these Terms is not a waiver of that provision.
  • Assignment. You may not assign your rights under these Terms without our consent. We may assign our rights in connection with a merger, acquisition, or sale of assets.
  • Language. These Terms are written in English. In the event of a conflict with any translation, the English version controls.

19. Contact

For questions, concerns, or legal notices:

Phoinix Payment Solutions Email: legal@phoinix.nl Website: phoinix.nl