Terms of Service

Last updated: 26 April 2026 · Version 2026-04

Welcome to NikiFX. These Terms of Service ("Terms") govern your access to and use of NikiFX's managed forex trading service, including our website, APIs, dashboards, and the Windows MT5 connector application (collectively, the "Service"). By creating an account or using the Service in any way, you agree to be bound by these Terms.

Read this carefully. Forex and CFD trading carry substantial risk and can result in the total loss of your invested capital. NikiFX is not a bank, broker, or investment adviser. The Service automates trade execution on your broker account; we do not guarantee profits, and you may lose money. Only use NikiFX with funds you can afford to lose.

1. The Service

1.1 What we do

NikiFX is a managed automated trading service. We generate and execute trades on your connected broker account on your behalf, using proprietary methods. The Service operates 24×5 across major forex sessions and a small set of metals.

1.2 What we are NOT

NikiFX is not a broker, bank, custodian, deposit-taking institution, investment fund, fiduciary, financial adviser, tax adviser, or legal adviser. Nothing on our platform constitutes investment, tax, or legal advice — consult your own professionals.

1.3 Strategy confidentiality

The mechanics of our trading approach — including specific instruments, timeframes, entry/exit logic, win rates, parameter tuning, and engine internals — are confidential and proprietary. We do not disclose them to customers, third parties, or competitors, and you may not request, reverse-engineer, copy, mirror, redistribute, or sell the signals or methods. NikiFX may add, retire, modify, or rotate strategies and instruments at any time without prior individual notification.

2. Eligibility & Your Account

2.1 Who may use NikiFX

2.2 Identity & one account per person

One natural person, one NikiFX account. Multiple accounts under different phones, emails, or aliases are prohibited and will be consolidated or terminated at our discretion. We may at any time require government-issued ID, proof of address, and proof of source of funds; the Service may be suspended pending submission. Forged or altered documents result in permanent ban and freezing of funds pending investigation.

2.3 Account security & custody

You are responsible for the confidentiality of your NikiFX credentials and for every action taken under your account. Sharing your login, M-Pesa PIN, or broker credentials with anyone — including persons claiming to act on our behalf — voids our liability for resulting losses. Notify us immediately of suspected unauthorized access.

2.4 Phone number changes

Your registered M-Pesa number is the destination for all payouts and refunds. Changing it requires dual-channel OTP verification: a code sent to your old number AND a different code sent to your new number must both be entered to confirm the change.

2.5 Deceased or incapacitated user

Funds are released to legal next-of-kin only on production of court-issued documents (probate or letters of administration). NikiFX is not a probate authority and does not arbitrate inheritance disputes.

3. The Two Deposits — What Money Goes Where

Customers maintain TWO separate deposit relationships. Only one of them involves NikiFX.

3.1 Broker Trading Capital

Money you fund into your broker account (cTrader, MT5, etc.) using the broker's own deposit channels. NikiFX never touches, holds, routes, or proxies broker trading capital. We have no facility to receive payments intended for broker top-ups; any such payment will be returned net of M-Pesa charges. The broker is the regulated custodian of this money — your relationship for it is with the broker, not NikiFX.

3.2 NikiFX Profit-Share Operating Deposit

The only money you ever send to NikiFX. This is a small operational balance from which our profit-share fee is settled. Minimum is the greater of USD 50 or 5% of your broker equity, computed dynamically per account at deposit time. The percentage is operator-tunable; the floor is operator-tunable.

This deposit:

Because we never receive funds intended for trading capital, NikiFX is not a deposit-taking institution under CBK or Sacco regulations.

4. Profit-Share Pricing

4.1 Flat 35%

NikiFX takes 35% of net-positive settlement periods. You keep 65%. There are no tiers.

4.2 Settlement cadence

Settlement runs at a cadence configured globally by NikiFX (default: daily). At each cutoff we aggregate closed trades placed by NikiFX since the prior cutoff. If net P&L is positive, 35% × net P&L is deducted from your Operating Deposit. If net P&L is zero or negative, nothing is deducted.

4.3 No clawback

Once a profit-share is taken at a cutoff, it is final. Subsequent losing periods do not reverse prior deductions. We deliver service period by period, and we are paid for periods we deliver.

4.4 Profit-share is on NikiFX trades only

Profit-share is calculated solely on trades placed by NikiFX, identified by our internal trade tag. If you also place manual trades on the same broker account and those manual trades are net negative, your overall account may be in net loss while you still owe profit-share on our profitable trades — we earn what we make; we are not responsible for what you lose on your own trades.

4.5 Insufficient Operating Deposit

If your Operating Deposit is too thin to cover the share owed, we deduct what's there, flag your account for top-up, and may pause the Service until the balance is restored.

5. Deposits, Refunds, Payouts & Charges

5.1 Currency & conversion

Deposits via M-Pesa are made in KES and converted to USD at the prevailing M-Pesa or third-party rate. Refunds and payouts convert USD → KES at the rate in force at the time of disbursement. NikiFX bears no currency-conversion risk.

5.2 M-Pesa, bank, and card charges

You bear all third-party charges — M-Pesa fees, bank fees, mobile-money fees, card-processor fees — on deposits, payouts, and refunds. At payout time you choose either gross mode (a specific USD amount leaves your balance; charges are deducted from it) or net mode (a specific KES amount lands on your phone; charges are added on top of the deduction). The exact charge and final amount are displayed for your confirmation, and recorded against the payout history record.

5.3 Refund of unused Operating Deposit

You may request a refund of your remaining Operating Deposit at any time. The refund is processed less a fee of 3% of the refund amount or USD 200, whichever is lower. Both percentage and cap are operator-configurable. Quoted refund amounts are net of fee. Broker trading capital is NOT refunded by NikiFX — withdraw it directly from your broker.

5.4 Mistaken deposits to NikiFX

If you make a NikiFX Operating Deposit using manual M-Pesa paybill with the wrong account reference, or pay from a phone number not registered to your account, recovery requires a written reversal request and is subject to a recovery fee equal to the actual M-Pesa and reconciliation charges incurred. Mistaken deposits to your broker account (wrong broker, wrong amount) are between you and the broker — NikiFX has no role.

5.5 Failed disbursements

If a payout fails (recipient line off, wrong number, daily limit, account barred, insufficient float), we record the failure reason on the payout record, return the amount to your NikiFX balance (not held in transit), and notify you. We retry once automatically; persistent failure leaves the balance in your NikiFX wallet for re-attempt.

5.6 Failed deposits

If your deposit fails (STK timeout, M-Pesa rejection), no balance is credited and you are not charged.

5.7 Unclaimed funds

Operating Deposit balances on accounts inactive for 12 consecutive months may be transferred to a holding account. Reactivation requires re-verification.

5.8 Negative balance protection

NikiFX is not a broker and has no control over your broker account's margin requirements, stop-out levels, or negative-balance protection. Margin and equity disputes are strictly between you and the broker.

6. Trading & Risk

6.1 No guarantees

Past performance does not guarantee future results. Drawdowns, losing days, losing weeks, and total loss of trading capital are possible outcomes of forex trading.

6.2 Market & broker risk

Slippage, requotes, spread widening, broker disconnections, gap moves, and weekend gaps may cause losses we cannot prevent. Broker-side execution quality varies and is outside our control.

6.3 News, scheduled events, and pause

NikiFX may pause trading during scheduled high-impact news, central bank events, war, regulator halts, broker outages, or unscheduled crises, without prior notice. Resumption timing is at our discretion.

6.4 Concurrent manual trading

If you trade manually on the same broker account as NikiFX, your trades may conflict with ours, and we are not responsible for losses arising from conflicting orders. We strongly recommend a separate broker sub-account if you wish to manually trade. Profit-share canon (4.4) applies regardless.

6.5 Auto-trading toggle

When you disable trading, NikiFX stops opening new positions but does NOT automatically close existing ones unless you also click "close all." You remain responsible for managing open positions during a pause.

6.6 Margin call & broker stop-out

If your broker hits stop-out, ALL positions (NikiFX + any manual) are closed by the broker. NikiFX bears no liability for the residual.

6.7 Symbol availability

Instruments may be added or removed from coverage. If removed, open positions on the affected instrument are closed at market and proceeds settled normally.

6.8 Strategy retirement

NikiFX may retire, rotate, or alter strategies per (profile × time-window × symbol). Customers cannot dictate which strategies run, and retirement decisions are not subject to customer review.

7. Beast Mode (opt-in, future)

7.1 What it is

An opt-in elevated-exposure mode where NikiFX may take significantly larger position sizes (up to 6× the standard lot) on identified high-conviction setups. Beast Mode is high-risk / high-reward — drawdowns can be 6× to 12× a normal trade.

7.2 Requirements

8. Affiliate Program

8.1 Eligibility

To become an affiliate you must have a verified phone, at least one paid Operating Deposit, and not be subject to suspension. NikiFX may grant exceptions at its discretion.

8.2 Commissions

Affiliates earn a percentage of NikiFX's profit-share earned from each downline customer's net-positive periods. The exact rate is shown in your Affiliate dashboard.

8.3 Self-referral and sock-puppet prohibition

Self-referral is prohibited. You may not refer yourself, family members in the same household acting as a single economic unit, or accounts under your control through aliases or sock-puppet identities. Detected self-referrals result in voiding of commissions, suspension of the affiliate program for the offender, and possible termination.

8.4 Commission claw-back on fraud

If a downline customer is later determined to be fraudulent (chargebacks, falsified KYC, sanctioned party, money-laundering investigation), commissions paid to the upline affiliate on that customer are reversed.

8.5 Payout gating

Payouts only to your verified registered M-Pesa number on file. No third-party redirection. A minimum payout threshold applies and is shown in your dashboard.

8.6 Tax responsibility

Affiliate earnings are gross of tax. You are solely responsible for declaring and remitting any tax owed to KRA or your relevant authority.

8.7 Reverse-engineering / re-broadcasting

You may not re-broadcast, mirror, or sell NikiFX signals or trade ideas to third parties. Affiliates discovered to be doing so will be terminated and may face legal action.

9. Privacy, Data & Communications

See our full Privacy Policy. Summary:

9.1 What we collect

Phone number, email, ID details (when KYC required), M-Pesa transaction metadata, broker account data (login, balance, equity, positions), trade activity, IP address, device fingerprint, login events. Stored on AWS infrastructure.

9.2 How we share

Only with: your broker (to execute trades), M-Pesa / banks / card processors (to settle), regulators (on lawful request), and our payment processor partners. We do not sell data to advertisers.

9.3 Communications consent

By signing up you consent to transactional and service-related SMS, email, and Telegram (if linked) messages. Marketing communications are opt-in and may be turned off in Settings.

9.4 Recordings & logs

Calls and chat with support may be recorded. System logs capture every trade, every login (success and failure), every sensitive action (deposit, payout, phone change), IP, and device fingerprint — for fraud detection and audit.

9.5 Retention

Account and transaction data are retained for 7 years after account closure (regulatory). After that, personal identifiers are anonymized while aggregated statistical data is preserved.

9.6 Subject access

You may request a data export of your account or deletion of your account. Deletion is subject to the 7-year regulatory retention obligation — personally-identifying fields will be anonymized; trade and payment records remain in our books for the regulatory window.

10. Liability, Indemnification & Force Majeure

10.1 Liability cap

To the maximum extent permitted by law, NikiFX's aggregate liability to any customer is capped at the LESSER of (a) the Operating Deposits paid by you to NikiFX in the 12 months preceding the cause of action, or (b) USD 500.

10.2 Indemnification

You indemnify NikiFX against losses, claims, costs, and damages arising from your breach of these Terms, including but not limited to false KYC, prohibited use, credential sharing, self-referral fraud, or unauthorized access to our APIs.

10.3 Force majeure

NikiFX is not liable for failures arising from acts of God, war, terrorism, regulator action, internet or cloud-provider outages (AWS, Cloudflare, etc.), broker failures, or third-party API failures (M-Pesa, Africa's Talking, Daraja, broker APIs). Service may be suspended without notice during force-majeure events.

10.4 No fiduciary relationship

NikiFX is a service provider, not a fiduciary, broker-dealer, investment adviser, or asset manager. Nothing in this relationship creates a fiduciary duty.

11. Suspension, Termination & Amendments

11.1 Suspension protocol

NikiFX may suspend access without prior notice if we suspect fraud, AML breach, sanctions exposure, credential compromise, or material breach of these Terms. Suspended customers receive a written explanation of the basis within 7 business days.

11.2 Customer termination

You may close your account at any time by contacting support. Pending positions are closed at market and any payable refund of Operating Deposit is processed per Section 5.3 within 14 business days.

11.3 NikiFX termination of customer

NikiFX may terminate any customer account at its discretion with 30 days' notice (or immediately for cause — fraud, sanctions, AML, repeated breach). Pending positions are closed; the Operating Deposit (less fee) is returned per Section 5.3.

11.4 Service discontinuation

NikiFX may discontinue the Service entirely with at least 90 days' notice. In that scenario, all Operating Deposits are refunded with the 3%/$200 processing fee waived.

11.5 Amendments to these Terms

NikiFX may amend these Terms. Material changes trigger an in-product re-acceptance gate before your next dashboard session — you must accept the amended Terms to continue using the Service. Past versions of these Terms are retained internally.

12. Governing Law, Sanctions & Compliance

12.1 Governing law & forum

These Terms are governed by the laws of Kenya. Disputes are resolved in Kenyan courts, or — at your election — by arbitration seated in Nairobi under the rules of the Nairobi Centre for International Arbitration.

12.2 Sanctions

The Service is not offered to OFAC-, EU-, or UN-sanctioned individuals or jurisdictions. Discovery of a sanctioned party using the Service triggers immediate termination, freezing of funds pending review, and reporting to relevant authorities.

12.3 Anti-money-laundering

Suspicious transactions — structured deposits below thresholds, deposit/refund round-trips, mismatched KYC, rapid in-out patterns — are flagged for review and, where appropriate, reported to the Financial Reporting Centre under POCAMLA, without notice to the customer.

12.4 No tax / legal / financial advice

Nothing in the Service constitutes advice. Consult your own tax, legal, and financial advisers.

12.5 No API automation by customers

Programmatic access to NikiFX endpoints by customers (scraping, bot frameworks, third-party automation) is prohibited and rate-limited. Persistent attempts result in suspension.

13. Operational Edge Cases & Service Changes

13.1 Broker switch by NikiFX

NikiFX may add or remove broker partners. Affected positions are closed and re-opened on the new broker; P&L at the switch boundary is preserved.

13.2 Sandbox vs live

Demo accounts are for education and testing. Demo positions and P&L are simulated and have no monetary value.

13.3 Customer support SLA

Support responds within 24 business hours. Payouts are processed within published cadence. Emergencies (security, account takeover) are escalated immediately.

13.4 Severability & entire agreement

If any clause is unenforceable, the rest remain in force. These Terms, the Privacy Policy, and the Risk Disclosure constitute the entire agreement between you and NikiFX and supersede prior representations.

13.5 Assignment

You may not assign your rights under these Terms. NikiFX may assign to a successor entity (acquisition, reorganization) on notice.

13.6 Notice

Formal notices to NikiFX must be in writing to the contact address in Section 14. Notices to you are deemed delivered when sent to the email and phone number on file.

14. Contact

By using NikiFX, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, and our Risk Disclosure.