Phoenix Link (Pty) Ltd

Terms & Conditions

Last Updated: 1 December 2025

These Terms & Conditions ("Terms") govern your access to and use of the Phoenix Link (Pty) Ltd website, services, applications, software, digital products, and any purchases made from www.phoenixlink.co.za ("Phoenix Link", "we", "our", or "us").

By using our website, accessing our software, or purchasing any product or service, you agree to be bound by these Terms.

If you do not agree, please do not use our website or services.

1. Definitions

"Website" refers to www.phoenixlink.co.za and all related pages and subdomains.

"Services" refers to software applications, subscriptions, APIs, digital tools, downloads, trading systems, automation scripts, AI-powered tools, support services, or any digital product provided by Phoenix Link.

"User" / "You" means any visitor, customer, or entity using or purchasing from Phoenix Link.

"Account" refers to the user profile created to access certain Phoenix Link services.

"BYOK" means "Bring Your Own Key" — a model where users provide their own API keys from third-party providers to access certain services.

"Third-Party Providers" refers to external service providers whose APIs or services may be used in conjunction with Phoenix Link products, including but not limited to OpenAI, Anthropic, Google, and messaging platforms.

2. Eligibility

By using our Website or Services, you confirm that:

•       You are at least 18 years old, or legally able to enter into a binding contract.

•       You are using the Services on behalf of yourself or a business you have authority to represent.

•       You will comply with all applicable laws in South Africa and internationally.

3. Electronic Communications & Consent

In accordance with the Electronic Communications and Transactions Act (ECTA), 2002, by using our Services you consent to:

•       Receiving communications from Phoenix Link electronically

•       Entering into agreements and transactions electronically

•       Accepting electronic records as valid and binding

•       Receiving invoices, notices, and disclosures electronically

4. Use of Website & Services

You agree NOT to:

•       Use our services for unlawful purposes

•       Reverse-engineer, copy, resell, or redistribute any Phoenix Link software or code

•       Attempt unauthorized access to servers, systems, or restricted areas

•       Use Phoenix Link products to develop competing products without written permission

•       Upload harmful, malicious, or disruptive content

•       Violate the terms of service of any third-party providers accessed through our Services

•       Use our Services in any manner that could damage, disable, or impair the platform

Phoenix Link reserves the right to suspend or terminate accounts that violate these rules without prior notice.

5. Account Registration

Certain services may require you to create an account. You agree to:

•       Provide accurate and truthful information

•       Keep your credentials confidential

•       Notify Phoenix Link immediately of any unauthorized access

•       Accept full responsibility for all activity conducted through your account

You are fully responsible for all activity conducted through your account, including any charges incurred through third-party services accessed via your account.

6. Software Licensing

All Phoenix Link products, including but not limited to:

•       Phoenix SmartFlow CRM

•       Phoenix Whisper

•       DeepTree

•       AIChatFriends

•       MT5 trading bots and automation systems

•       Custom-built software

are licensed, not sold.

Your license:

•       Grants you a non-exclusive, non-transferable right to use the software

•       Does not grant ownership of any code or intellectual property

•       Cannot be sublicensed, shared, or resold without written approval

•       May be revoked if you violate these Terms

7. Bring Your Own Key (BYOK) Services

Certain Phoenix Link services, including AIChatFriends, operate on a Bring Your Own Key (BYOK) model. Under this model, you provide your own API keys from third-party providers to access AI and other functionalities.

By using BYOK services, you acknowledge and agree that:

•       You are solely responsible for obtaining and maintaining valid API keys from third-party providers (e.g., OpenAI, Anthropic, Google)

•       You are responsible for all costs, fees, and charges incurred through your API keys

•       You must comply with the terms of service, acceptable use policies, and usage limits of those third-party providers

•       You will keep your API keys secure and not share them with unauthorized parties

•       Phoenix Link stores your API keys securely but cannot guarantee the security of third-party systems

Phoenix Link is NOT responsible for:

•       Charges incurred through your API keys

•       Rate limits, throttling, or usage restrictions imposed by third-party providers

•       Account suspensions or terminations by third-party providers

•       Policy violations or terms of service breaches with third-party providers

•       Changes to third-party provider pricing, APIs, or availability

•       The accuracy, quality, or content of responses generated by third-party AI models

8. Payments & Billing

When purchasing a Phoenix Link product or subscription:

•       Prices are displayed in ZAR or USD, depending on the product

•       Payments are processed through secure third-party gateways (e.g., PayFast, Stripe, or equivalent)

•       You authorize Phoenix Link to charge your payment method for recurring subscription fees (where applicable)

Refund Policy

Due to the nature of digital products, refunds are generally not available once software has been delivered or activated.

However, refunds may be provided:

•       Where required by the Consumer Protection Act (CPA)

•       Where a material defect exists that cannot be resolved within a reasonable time

•       On a case-by-case basis for technical failures that prevent use of the product

Refund requests must be submitted to support@phoenixlink.co.za within 7 days of purchase.

9. Subscriptions & Auto-Renewals

Some services operate on a monthly or annual subscription model. By subscribing, you agree that:

•       Your subscription automatically renews unless cancelled before the renewal date

•       You will receive a reminder notification before each renewal (where technically feasible)

•       You can cancel at any time through your dashboard or by contacting support

•       Cancellation takes effect at the end of the current billing period

•       Past subscription fees are non-refundable unless otherwise required by law

10. Intellectual Property Rights

All Phoenix Link products, software, branding, logos, website content, designs, documentation, and proprietary technologies are the exclusive property of Phoenix Link (Pty) Ltd.

You may not:

•       Copy or modify any Phoenix Link intellectual property

•       Use our trademarks without written permission

•       Remove or alter any copyright notices or proprietary markings

•       Claim ownership of generated content or output from Phoenix Link systems where such ownership is disallowed

11. User-Generated Content

By submitting content to Phoenix Link (text, files, data, feedback, etc.) you grant us:

•       A non-exclusive license to use the content to operate and improve our services

•       The right to store, process, and handle the content within our systems

•       The right to use anonymized, aggregated data for service improvements

We will never sell your personal data to third parties. See our Privacy Policy for details.

12. AI, Automation & Data Handling

Phoenix Link provides AI systems, automation features, and data processing tools. You acknowledge and agree that:

•       AI outputs may not be perfect, accurate, or guaranteed

•       AI-generated content should be reviewed before use in critical applications

•       You are responsible for how you use AI-generated outputs

•       Phoenix Link may use data to improve services, subject to our Privacy Policy

For AI-powered services:

•       Prompts and data you submit may be processed by third-party AI providers according to their respective privacy policies

•       Phoenix Link does not store conversation content beyond what is necessary to provide the service, unless otherwise specified

•       You should not submit sensitive personal information, confidential business data, or regulated data (e.g., health records) through AI services unless you have verified compliance requirements

13. Trading Tools Disclaimer

Phoenix Link provides trading bots and financial automation tools. You acknowledge and agree that:

•       Trading and financial tools carry significant risk

•       Past performance does not guarantee future results

•       You may lose some or all of your invested capital

•       You are solely responsible for any financial decisions, losses, or damages arising from your use of trading tools

•       Phoenix Link does not provide financial advice

Phoenix Link is NOT liable for:

•       Trading losses

•       Misuse of the software

•       Incorrect configuration by the user

•       Broker platform outages or execution issues

•       Market conditions or volatility

Use all trading and automation systems at your own risk.

14. Limitation of Liability

To the maximum extent permitted by law, Phoenix Link is NOT liable for:

•       Loss of profits, data, revenue, or business

•       Downtime or service interruptions

•       Errors caused by third-party APIs, platforms, or hosting providers

•       Actions or failures of third-party AI providers

•       Any indirect, incidental, special, or consequential damages

•       Damages arising from your use of BYOK API keys

Our total liability will not exceed the amount you paid for the specific product or service giving rise to the claim in the 12 months preceding the claim.

15. Indemnification

You agree to indemnify and hold harmless Phoenix Link (Pty) Ltd, its directors, employees, contractors, and affiliates from any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising from:

•       Your use of the Services

•       Your violation of these Terms

•       Your violation of any third-party rights (including third-party provider terms of service)

•       Your violation of any applicable laws

•       Any content you submit to Phoenix Link

16. Disclaimer of Warranties

Phoenix Link services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express or implied.

We do not guarantee:

•       Continuous, uninterrupted uptime

•       Error-free operation

•       Accuracy of AI outputs

•       Compatibility with all systems or devices

•       Availability of third-party services or APIs

•       Specific results or outcomes from using our Services

You use the software at your own risk.

17. Force Majeure

Phoenix Link is not liable for any delays or failures in performance resulting from circumstances beyond our reasonable control, including but not limited to: natural disasters, acts of war or terrorism, pandemics, power outages, internet or telecommunications failures, government actions, labour disputes, or failures of third-party service providers.

18. Termination

Phoenix Link may suspend or terminate your access if:

•       You violate these Terms

•       Payment fails or chargebacks occur

•       You misuse or abuse the system

•       We believe your activity risks the integrity of the platform or other users

•       Required by law or legal process

You may terminate your account at any time by contacting support@phoenixlink.co.za.

Upon termination, your license to use Phoenix Link software is immediately revoked. Provisions that by their nature should survive termination (including IP rights, indemnification, limitation of liability, and dispute resolution) will continue to apply.

19. Privacy & Data Protection

Your privacy matters to us. Phoenix Link processes personal information in accordance with the Protection of Personal Information Act (POPIA) and other applicable data protection laws.

All personal data is handled per our Privacy Policy, which forms part of these Terms.

Key commitments:

•       We collect only the data necessary to provide our Services

•       We implement appropriate security measures to protect your data

•       We will not sell your personal information to third parties

•       You have rights to access, correct, and request deletion of your data

•       You may contact our Information Officer at support@phoenixlink.co.za for data protection queries

20. Governing Law & International Users

These Terms are governed by the laws of the Republic of South Africa.

Any disputes arising from these Terms or your use of the Services must be resolved in the courts of South Africa.