Single draft for legal review, not in force. Text in [brackets] is still to be filled in.
Legal
Terms, privacy, risk disclosure and disclaimer. Version of [date].
Terms · Privacy · Risk disclosure · Disclaimer
Terms
1. Who we are
Phisys and this site are offered by [Full name of the owner], trading as Abaco, [street address], [postcode] [city], Italy, VAT number [P.IVA] ("Abaco", "we"). You can write to us at abaco@phisys.app.
These terms apply to every plan, free or paid, to the Phisys software and to everything you buy on this site. By ticking the box at checkout, or when you first open Phisys, you accept them.
2. What Phisys is, and what it is not
Phisys is software. It runs in your browser: it lets you draw and send trades by hand, test trading rules on historical data, and run the setups you choose from an executor installed on your own Cloudflare account.
Phisys does not give investment advice, signals or recommendations. We do not manage money, hold your funds or your keys, and we do not trade on your behalf. Every rule, setting, position and order is decided by you. What Phisys measures, including results out of sample, is an indication of how a rule behaved on past data, never a promise of how it will behave.
3. Who can use it
You must be at least 18 and able to enter a binding contract. You are responsible for checking that trading the instruments you choose, on the exchanges you choose, is allowed where you live, and for the taxes on your trading. We may refuse or end the service where offering it would break the law.
4. Your licence and your account
Your licence is personal: it opens one account, in your name, bound to the email it was issued to.
- Your account can be open on two devices at a time. A third device can take the place of one of them; at most four new devices may come in within thirty days.
- You choose your user name and password, and you keep them secret. What happens with your password happens under your responsibility.
- You may not share, lend, sell or pass on your licence or your account. A licence passed on is revoked (see “Suspension”).
- Your licence trades one Hyperliquid account at a time. You can change it from Settings › Account, twice within thirty days.
5. Plans and prices
The plans, what each includes and their prices are those shown on the pricing page on the day you subscribe. Prices are in euro and are final: no VAT is added. [Statement required by the flat-rate scheme, e.g. "Operation carried out under art. 1, paragraphs 54–89, Law 190/2014", to be confirmed by the accountant.]
Features marked "coming soon" are not part of what you buy until they are released; we do not promise a date. A yearly plan costs eleven times the monthly price. The first month is free if you opened your exchange account through our referral link and give us the address you opened it with; we check it before applying the offer.
6. Paying
By card. Card payments are processed by Stripe. A monthly or yearly plan renews on its own at the end of each period until you cancel it from your billing page.
In USDC. You can pay 1, 3 or 12 months in USDC on Arbitrum or Base, at the euro price converted at the rate of the day shown at checkout. Your licence starts when the transfer reaches us. A USDC payment does not renew on its own. Network fees are yours. A transfer sent to the wrong address, on another network or in another token may be lost; we will help where we can, but we cannot reverse a transaction on a blockchain.
7. Right of withdrawal
If you are a consumer in the European Union, you can withdraw within 14 days of subscribing, without giving a reason, by writing to us at abaco@phisys.app.
Phisys starts at once, at your express request. To make it, at checkout you tick this box: “I ask to start the service now; if I withdraw, I pay for the days I have used.” Without that box the service does not start. If you withdraw, you pay only for the days used, in proportion to the price of the period; we refund the rest within 14 days, by card to the card you used, in USDC to the address you paid from at the euro amount due, converted at the rate of the day of the refund. [Refund method in USDC to be confirmed.]
8. Cancelling and the end of a plan
You can cancel any day; the plan stays active until the end of the period you paid. When it ends, no new position can be opened through Phisys. Positions already open stay managed until they close: their stop and targets on the exchange and the keeper keep working. Your strategies stay yours, as files.
9. Market data
The price history in Phisys stays on our server and is served to your browser in pieces, for the charts and tests you run in Phisys. The source of each series is stated in Phisys.
The data are part of the service, not a product of their own: you may not copy them out of Phisys in bulk, resell them or pass them on to others.
10. Your work and our copy
Your strategies, experiments and results are copied automatically to our server, so that you do not lose them when a browser is emptied or a device changes. The copy is not encrypted: Abaco can read it.
- We read it to keep the service safe: to check that Phisys is used as these terms allow, and to investigate faults you report.
- We do not publish, sell or trade on your work, and we do not use it to build strategies of our own.
- The copy is kept while your account exists; [retention after the account closes: to be decided, see the Privacy part].
- You can always save your work as a file from Settings › Work file.
11. Your accounts, your keys
Phisys works with your own accounts: your exchange account, your wallet and your Cloudflare account. The trading key used by the executor is created in your Cloudflare account and never reaches ours. On Hyperliquid it is an agent key that can trade but cannot withdraw, approved from your wallet and revocable by you at any time. You are responsible for keeping your wallet, your accounts and your devices safe.
Abaco never holds your wallet's keys, your funds or your Cloudflare token.
12. Executor, keeper and exchanges
The executor sends the orders of your live Book from your Cloudflare account. The keeper is a second layer of protection for your manual trades: stop and targets are placed on the exchange, and the keeper watches them and closes the trade when a target is touched but not filled.
On Hyperliquid each order sent by Phisys, in and out, carries Abaco's builder fee, at most [0.0X]% of the order's value, which you approve once from your wallet; your tests count it among the costs. You can withdraw that approval at any time; the executor then stops trading on Hyperliquid. Binance, Bybit, Kraken and OKX are available on request, free with an account opened through our referral link, or for €55 a month; there is no builder fee there.
Exchanges, networks, Cloudflare and your connection can fail, delay or reject orders. We do not guarantee that an order is filled, at what price, or that the executor and the keeper are always reachable. The exchange's own terms apply to everything you do on it.
The executor trades only for the Hyperliquid account your licence is bound to, and only while your licence is valid: a revoked or expired licence stops new trades.
13. Risks
Trading, and above all trading with leverage, can lose more than you expect, up to the whole capital in the account. Prices can gap through a stop. Results measured on past data, in sample or out of sample, are indications, not guarantees of future results. Costs, slippage and funding can differ from those assumed in a test. Only trade money you can afford to lose.
14. The software and its content
We give you a personal, non-exclusive, non-transferable licence to use Phisys for the duration of your plan. You may not copy, resell, share access to, decompile or reverse engineer Phisys, its modules, its strategy packs or its data, except where the law allows it. The strategies and settings you create are yours; the strategy packs, indicators and data we provide stay ours.
Our TradingView indicators and scripts are invite-only: access is personal and may be removed if it is shared or misused. TradingView's own terms also apply.
15. Assistant
When it is released, the assistant turns a rule you describe in words into a strategy file built from Phisys's modules, and drafts indicators and signals with you. A draft is a starting point, not advice: its drafts can be wrong, so you load it, test it and decide.
It works with your own Claude API key from Anthropic, which you put in Settings › Account. Your key is kept sealed on our server and never shown in the page; you can remove it at any time. Your words are sent to Anthropic with the assistant's instructions; Anthropic's own terms apply to that use, and its cost is charged to your key.
16. Liability
We build Phisys with care, but it is provided as it is. To the extent the law allows, we are not liable for trading losses, for lost profits, or for damage caused by exchanges, networks or third-party services, and our total liability is limited to what you paid us in the twelve months before the event. Nothing in these terms limits liability that cannot be limited by law, such as for wilful misconduct or gross negligence, nor your rights as a consumer.
17. Suspension
We may suspend or revoke a licence that breaks these terms, in particular a licence or account passed on, data copied out of Phisys, or an attempt to get around its limits, or one used against the law or against the exchanges' rules. Where the breach can be remedied, we will tell you first.
A revoked licence signs nobody in, opens no package and leases no executor. When a licence expires and is not renewed, the account stops opening Phisys; your work stays available as described in “Your work and our copy”.
18. Changes
We may update these terms. We will tell you in Phisys and by email at least 30 days before a change that affects you takes effect; if you do not accept it, you can cancel before then. The version in force is the one on this page, with its date.
19. Law and disputes
These terms are governed by Italian law. If you are a consumer, you keep the protection of the mandatory rules of the country where you live, and you can bring a claim before the courts of that country. [Court for non-consumers, to be confirmed.]
20. Personal data
How we treat your personal data is described on the Privacy part.
Privacy
1. Who is responsible
The controller of your personal data is Abaco, Italy. Write to abaco@phisys.app for anything about your data; on request we give you the full details of the person responsible.
2. What we collect, and why
- Email address: to send the monthly report you ask for, with our studies and news on Abaco tools, after you confirm it from the email we send (your consent; you can unsubscribe from any email in one click), to give you access to our TradingView scripts, and to deliver your licence (contract).
- TradingView username: to add you to the invite-only scripts (contract). When you sign up as Novice it is kept with your email on our mailing list.
- Country you live in, declared at checkout, and the country of your connection, read from your IP address when you open the checkout: to apply the right rules to your purchase and to spot errors or misuse (legal obligation and legitimate interest).
- Hyperliquid address you opened through our referral link: to check the referral offer (contract).
- Payment data: card payments are handled by Stripe, which sees your card; we receive the payment status, the amount and the country of the card. For USDC payments we receive the sending address, the amount and the transaction, which are public on the blockchain (contract and legal obligation).
- Account: your user name, a hash of your password (never the password), the email your licence was issued to, and the devices that open your account, to apply the limit of two at a time (contract).
- Your work: the strategies, experiments and results you make in Phisys are copied to our server so you do not lose them. The copy is not encrypted and Abaco can read it, to keep the service safe and to investigate faults you report; we do not publish, sell or trade on it (contract and legitimate interest).
- Your Anthropic key, if you use the assistant: kept sealed on our server and used only to send your words to Anthropic for the assistant (contract).
- Messages you send us (contract or legitimate interest).
- Telegram: if you connect Phisys to Telegram, the chat identifier needed to send you alerts (contract).
3. What we do not collect
Phisys runs in your browser: your tests run on your computer, and the price data arrive for the test and are cleared after. What we keep of your work is described above. Your trading keys are created in your own Cloudflare account and never reach us. This site sets no cookies. The Hyperliquid Account Audit runs in your browser too: the address you paste goes straight from your browser to Hyperliquid, and neither the address nor the results reach us.
4. Who else receives data
- Stripe, for card payments.
- Cloudflare, which receives mail for phisys.app and forwards it to our inbox.
- Google, for our email (Gmail). The fonts of this site are served from this site, not from Google.
- GitHub, which hosts this site and keeps technical logs of visits.
- Umami, which counts visits for us without cookies and without storing your IP address: we see pages viewed, the country, the browser and the kind of device, in aggregate (legitimate interest).
- Brevo (Sendinblue SAS, France), which keeps the monthly report list and sends the emails, including the confirmation one.
- Hyperliquid, whose public API your browser calls when you use the audit.
- api.country.is and ipapi.co, which read the country of your connection at checkout.
- open.er-api.com and frankfurter.dev, which give the exchange rate at checkout.
- Hyperliquid, Arbitrum and Base nodes, when you pay in USDC or connect your wallet.
- Telegram, if you connect it.
- Anthropic, if you use the assistant: it receives your words and the assistant's instructions.
Some of these providers are outside the European Union, mainly in the United States. Transfers rely on the EU–US Data Privacy Framework or on the standard contractual clauses.
5. How long we keep it
- Invoices and payment records: 10 years, as Italian law requires.
- Email for the monthly report: until you unsubscribe.
- Licence and account data: for the duration of your plan and up to 24 months after.
- Messages: as long as needed to answer and follow up.
- Your work: while your account exists; [after it closes: to be decided].
6. Your rights
You can ask to access, correct, delete or receive your data, to limit or object to its use, and withdraw your consent at any time, by writing to abaco@phisys.app. You can also complain to the Italian data protection authority, the Garante per la protezione dei dati personali (garanteprivacy.it), or to the authority of the country where you live.
7. Changes
If we change this policy, we update this page and its date, and tell you by email when the change matters to you.
Risk disclosure
1. Trading can lose everything
Trading, and above all trading with leverage, can lose more than you expect, up to the whole capital in the account. Prices can gap through a stop. Only trade money you can afford to lose.
2. Tests are not results
What Phisys measures, in sample or out of sample, is how a rule behaved on past data. It is hypothetical: it is built with hindsight, it carries no real risk, and it cannot reproduce what a real loss does to the person who suffers it. Costs, slippage and funding can differ from those assumed in a test, orders may not fill at the modelled price, and data may differ from what was available at the time. Treat a test as an upper bound, not an expectation. Past results do not promise future results.
3. Losses are normal
Every rule has losing trades, weeks and years while it behaves as designed. A future loss can be deeper than any seen in a test.
4. Leverage and liquidation
Leverage multiplies losses as well as gains. The exchange can liquidate a position, change its margin or stop quoting at any time, and you have no right to an extension.
5. Automation can fail
Exchanges, networks, Cloudflare and your connection can fail, delay or reject orders. We do not guarantee that an order is filled, at what price, or that the executor and the keeper are always reachable.
6. Decisions are yours
Every rule, setting, position and order is decided by you. The assistant's drafts can be wrong: test them before you use them.
Disclaimer
Phisys is a tool and this site publishes measurements. Nothing here, in Phisys or in our reports, indicators, strategy packs or the assistant's drafts is investment advice, a signal, an offer or a recommendation to buy or sell anything.
Abaco is not a broker, an exchange, an investment adviser, a manager of money or a custodian. We do not hold your funds or your keys and we do not trade on your behalf.
Phisys and this site are provided as they are. The source of each data series is stated in Phisys; we do not guarantee that data are complete or free of errors.
TradingView, Hyperliquid, Cloudflare, Anthropic and the other names on this site belong to their owners and are used only to say what Phisys works with.