Terms of Service
These Terms of Service ("Terms") form a binding legal agreement between you ("you", "User") and the operator of Phivote ("Phivote", "we", "us", "our"). By accessing or using the Phivote website, application, Telegram bot, or any related service (together, the "Service"), you agree to be bound by these Terms, our Privacy Policy, and our Risk Disclosure. If you do not agree, do not use the Service.
Phivote is a software tool that analyses publicly available market data and highlights technical conditions. It is provided for informational and educational purposes only. Phivote is not a broker, dealer, exchange, custodian, money transmitter, investment adviser, or financial adviser, and nothing in the Service is financial, investment, legal, tax, or trading advice.
1. Eligibility and restricted jurisdictions
You may use the Service only if you are at least 18 years old (or the age of majority in your jurisdiction, whichever is greater), have the legal capacity to enter into a binding contract, and are not barred from doing so under any applicable law. You are solely responsible for ensuring that your access to and use of the Service, and any trading activity you undertake, is lawful in your country, state, and locality.
The Service is not directed to, and may not be used by, any person located in, resident in, or organised under the laws of any jurisdiction where such use would be illegal or would subject us to any registration, licensing, or regulatory requirement, or where access to the Service is prohibited by applicable sanctions or trade-control laws. We may, at our sole discretion, refuse, restrict, or terminate access to any person or in any jurisdiction at any time.
2. The Service
The Service scans public price data from third-party cryptocurrency exchanges and surfaces where that data meets predefined technical criteria (for example, pivot structure and Fibonacci retracement zones), and may deliver optional notifications via Telegram. The Service does not place, execute, route, or manage trades; does not hold, transmit, or have access to your funds or assets; and does not connect to or control any exchange account, wallet, or trading account on your behalf. Any trading decision and any transaction you make is made by you, on a third-party platform of your choosing, entirely at your own risk.
3. No financial advice; no solicitation
All content, signals, scores, charts, filters, alerts, and other outputs of the Service are general information only and do not constitute, and must not be relied upon as, financial, investment, trading, legal, accounting, or tax advice, a recommendation, an offer, or a solicitation to buy, sell, or hold any asset or to enter into any transaction. The Service does not consider your individual objectives, financial situation, risk tolerance, or needs. You should obtain independent professional advice before making any financial decision. You are solely responsible for evaluating the merits and risks of any decision you make.
4. No warranties; provided "as is"
The Service is provided on an "as is" and "as available" basis, with all faults and without warranties of any kind, whether express, implied, statutory, or otherwise. To the maximum extent permitted by law, we expressly disclaim all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranties arising from course of dealing or usage of trade.
We do not warrant that: (a) the data, calculations, signals, or outputs are accurate, complete, current, reliable, or error-free; (b) the Service will be uninterrupted, timely, secure, or available; (c) any defects will be corrected; or (d) the Service is free of viruses or other harmful components. Market data is sourced from third parties and may be delayed, inaccurate, incomplete, or unavailable. "Non-repainting" describes a property of the underlying methodology and is not a representation about future results, profitability, or the reliability of any signal.
5. Assumption of risk
You understand and agree that trading cryptocurrencies, and in particular leveraged perpetual futures, is highly speculative, involves a substantial and real risk of loss, and is not suitable for every person. You may lose some, all, or more than the amount of your capital. You accept full responsibility for, and assume all risk arising from, your use of the Service and any decision or transaction you make. Please read our Risk Disclosure, which is incorporated into these Terms.
6. Limitation of liability
To the maximum extent permitted by applicable law, in no event will Phivote, its operator, owners, affiliates, suppliers, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, trading losses, or other intangible losses, arising out of or relating to your use of, or inability to use, the Service, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, and whether or not we have been advised of the possibility of such damages.
To the maximum extent permitted by applicable law, our total aggregate liability for all claims relating to the Service will not exceed the greater of (a) the total amount you actually paid to us for the Service in the three (3) months immediately preceding the event giving rise to the claim, or (b) fifty United States dollars (US$50). Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you; in such jurisdictions our liability is limited to the smallest amount permitted by law.
7. Indemnification
You agree to defend, indemnify, and hold harmless Phivote and its operator, owners, affiliates, and personnel from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your access to or use of the Service; (b) any trading or financial decision you make; (c) your violation of these Terms; (d) your violation of any law or the rights of any third party; or (e) any content or data you submit.
8. Subscriptions, payments, and refunds
Certain features require a paid subscription or one-time purchase. Prices are shown on the Service and may change at any time. Payments are made in cryptocurrency (USDT) to the address we provide; you are responsible for sending the correct amount over the correct network. Because cryptocurrency transactions are irreversible and access is granted immediately upon confirmation, all payments are final and non-refundable except where a refund is required by applicable law. A complimentary trial, where offered, automatically reverts to the free tier unless you purchase a plan; we may modify or withdraw any trial or promotion at any time. You are responsible for any taxes applicable to your purchase. We do not store payment-card details and do not custody your funds.
9. Acceptable use
You agree not to: (a) use the Service for any unlawful, fraudulent, or abusive purpose; (b) copy, scrape, harvest, resell, sublicense, or commercially exploit the Service or its data except as expressly permitted; (c) reverse engineer, decompile, or attempt to extract source code, except to the extent such restriction is prohibited by law; (d) circumvent, disable, or interfere with usage limits, security, or access controls, including license or entitlement checks; (e) introduce malware or overload, disrupt, or impair the Service; or (f) misrepresent your identity or violate the rights of others. We may suspend or terminate access for any actual or suspected violation.
10. Accounts and security
You are responsible for maintaining the confidentiality of your account and credentials and for all activity under your account. You must notify us promptly of any unauthorised use. We may suspend, restrict, or terminate your account at any time, with or without notice, including for violation of these Terms or where we believe it necessary to protect the Service or comply with law.
11. Intellectual property
The Service, including all software, text, design, graphics, logos, the "Phivote" name and marks, and all related intellectual property, is owned by us or our licensors and is protected by law. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Service for your own personal, non-commercial use. No other rights are granted.
12. Third-party services and links
The Service relies on and links to third parties, including cryptocurrency exchanges, Telegram, sign-in providers, on-chain data providers, and charting tools. We do not control and are not responsible for third-party services, their data, availability, or practices, and your use of them is governed by their own terms. Reference to any third party does not imply endorsement.
13. Notifications
Telegram and other notifications are provided on a best-effort basis. We do not guarantee that any alert will be delivered, delivered on time, accurate, or actionable, and we are not liable for any consequence of a delivered, delayed, or missed notification.
14. No performance representations
We make no representation or warranty as to any level of accuracy, profitability, or performance. Any past, simulated, or hypothetical results, examples, or illustrations are not indicative of, and do not guarantee, future results. The Service does not promise any profit or protection against loss.
15. Modifications
We may modify, suspend, or discontinue the Service, or any part of it, at any time without liability. We may revise these Terms at any time by posting an updated version with a new "Last updated" date; material changes will be effective when posted, and your continued use of the Service after changes constitutes acceptance. If you do not agree, you must stop using the Service.
16. Termination
These Terms remain in effect while you use the Service. We may terminate or suspend your access at any time, with or without cause or notice. Upon termination, your licence ends and you must stop using the Service. Sections that by their nature should survive (including Sections 3-7, 11, 14, and 17-19) survive termination.
17. Governing law and dispute resolution
These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of the jurisdiction in which the operator of Phivote is established, without regard to its conflict-of-laws principles, and excluding the United Nations Convention on Contracts for the International Sale of Goods.
Informal resolution. Before bringing any formal claim, you agree to first contact us and attempt in good faith to resolve the dispute informally for at least thirty (30) days.
Binding arbitration; class-action waiver. To the extent permitted by applicable law, any dispute that is not resolved informally will be resolved by final and binding individual arbitration, and not in court, except that either party may bring an individual claim in small-claims court. You and we each waive any right to a jury trial and any right to participate in a class, collective, consolidated, or representative action. If the class-action waiver is found unenforceable, the remainder of this Section will continue to apply, but the unenforceable portion will be severed.
18. General
If any provision of these Terms is held unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force. Our failure to enforce any right is not a waiver. You may not assign these Terms without our consent; we may assign them freely. These Terms, together with the Privacy Policy and Risk Disclosure, are the entire agreement between you and us regarding the Service and supersede all prior agreements. Headings are for convenience only.
19. Contact
Questions about these Terms may be sent to legal@phivote.com or via our Telegram bot, @PhivoteBot.