NOFX Terms of Service

Last Updated: November 7, 2025

1. Introduction and Acceptance of Terms


A. Agreement

These Terms of Service (the "Agreement" or "Terms") constitute a legally binding agreement between you (the "User" or "you") and NOFX ("we," "our," or "NOFX").

B. Scope

These Terms govern your access to and use of the website nofxai.com (the "Website"), as well as your download, installation, and use of the NOFX AI Trading Operating System (the "Software").

C. Acceptance of Terms

By accessing the Website or downloading, installing, or using the Software in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately cease accessing the Website and using the Software.

D. Age Requirement

You must be at least 18 years old, or have reached the age of majority in your jurisdiction, to use the Website and Software.

E. Geographic Restrictions

The Software and Website are not available to users in the following regions:
- The People's Republic of China (including Hong Kong Special Administrative Region, Macau Special Administrative Region, and Taiwan)
- The United States of America and its territories
- Democratic People's Republic of Korea (North Korea)
- Islamic Republic of Iran
- Syrian Arab Republic
- Republic of Cuba
- Crimea Region
- Russian Federation
- Republic of the Union of Myanmar

If you are located in any of the restricted regions listed above, do not download, install, or use this Software, and do not access this Website. By accessing the Website or using the Software, you represent and warrant that you are not located in any of the restricted regions listed above and are not subject to the laws of such regions.

F. Usage Restrictions

This Software is provided solely for educational and research purposes, intended to help users learn and research the principles and technologies of AI trading systems. This Software does not constitute any form of investment advice, financial advice, or trading advice. Users shall not use this Software for actual financial trading or investment activities.

2. Software License and Service Model


A. Website

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for informational purposes.

B. Software (Self-Hosted)

AGPL-3.0 License: We expressly inform you that the source code of the NOFX Software is provided to you under the GNU Affero General Public License v3.0 (AGPL-3.0) (the "AGPL-3.0").
Nature of Terms: This Agreement does not modify, supersede, or limit your rights under AGPL-3.0. AGPL-3.0 is your software license. This Agreement is a service agreement that governs your use of our entire service ecosystem (including the Website and Software usage) and establishes key responsibilities and disclaimers described below that are not covered by AGPL-3.0.

3. Critical Risk Acknowledgment (Financial)

This section relates to your material interests. Please read carefully. All terms in this section are presented in prominent capital letters to ensure their legal significance.

A. No Financial or Investment Advice:
THE WEBSITE AND SOFTWARE ARE PROVIDED SOLELY AS TECHNICAL TOOLS. WE ARE NOT A FINANCIAL INSTITUTION, BROKER, FINANCIAL ADVISOR, OR INVESTMENT ADVISOR. NOTHING PROVIDED BY THIS SERVICE, INCLUDING ANY CONTENT, FUNCTIONALITY, OR AI OUTPUT, CONSTITUTES FINANCIAL, INVESTMENT, LEGAL, TAX, OR TRADING ADVICE.
B. Extreme Risk of Financial Loss:
YOU ACKNOWLEDGE AND AGREE THAT TRADING CRYPTOCURRENCIES AND OTHER FINANCIAL ASSETS IS HIGHLY VOLATILE, SPECULATIVE, AND CARRIES INHERENT RISKS. THE USE OF AUTOMATED, ALGORITHMIC, AND AI-DRIVEN TRADING SYSTEMS (SUCH AS THIS SOFTWARE) INVOLVES SIGNIFICANT AND UNIQUE RISKS AND MAY RESULT IN SUBSTANTIAL OR TOTAL FINANCIAL LOSS.
C. No Guarantee of Profit or Performance:
WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR GUARANTEES REGARDING THE PERFORMANCE, PROFITABILITY, OR ACCURACY OF ANY TRADING SIGNALS GENERATED BY THE SOFTWARE. PAST PERFORMANCE OF ANY AI MODEL OR TRADING STRATEGY DOES NOT IN ANY WAY REPRESENT OR GUARANTEE FUTURE RESULTS.
D. User's Complete Responsibility:
YOU BEAR COMPLETE AND SOLE RESPONSIBILITY FOR ALL YOUR TRADING DECISIONS, ORDERS, EXECUTIONS, AND ULTIMATE RESULTS. ALL TRADES EXECUTED THROUGH THE SOFTWARE ARE DEEMED TO BE BASED ON YOUR AUTONOMOUS DECISIONS AND RISK TOLERANCE, AND ARE AT YOUR OWN RISK.

4. Critical Risk Acknowledgment (Artificial Intelligence and Software)

This section also relates to your material interests and is presented in capital letters.
A. "AS IS" and "AS AVAILABLE" Disclaimer:
THE WEBSITE AND SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ACCURATE, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
B. AI Output and "Hallucination" Disclaimer:
GIVEN THAT THE CORE FUNCTIONALITY OF THIS SOFTWARE RELIES ON THIRD-PARTY AI MODELS, YOU MUST UNDERSTAND AND ACCEPT THE INHERENT LIMITATIONS OF AI TECHNOLOGY. AI OUTPUTS (INCLUDING AI AGENT DECISIONS) ARE EMERGING TECHNOLOGY, AND THEIR LEGAL LIABILITY REMAINS UNCLEAR.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT:
AI Output May Be Defective: AI MODELS AND OUTPUTS INTEGRATED OR GENERATED BY THE SOFTWARE MAY CONTAIN ERRORS, INACCURACIES, OMISSIONS, BIASES, OR PRODUCE WHAT IS KNOWN AS "HALLUCINATIONS" - COMPLETELY FALSE OR FABRICATED INFORMATION.
You Bear All Risk: YOU AGREE THAT ANY USE OR RELIANCE ON AI-GENERATED OUTPUT (INCLUDING ANY TRADING DECISIONS) IS AT YOUR SOLE RISK.
Not a Substitute for Professional Advice: YOU MUST NOT TREAT AI OUTPUT AS THE SOLE SOURCE OF TRUTH, FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL FINANCIAL ADVICE.
C. User's Ultimate Responsibility:
YOU AGREE TO BEAR ULTIMATE RESPONSIBILITY FOR ALL ACTIONS TAKEN BASED ON AI OUTPUT. YOU MUST CONDUCT YOUR OWN DUE DILIGENCE AND VERIFY THE ACCURACY OF INFORMATION BEFORE EXECUTING ANY TRADES SUGGESTED BY AI.

5. User Obligations and Security Responsibilities


A. Complete Responsibility for API Keys and Private Keys

This is one of the most critical terms of this Agreement, relating to the core functionality of the Software.
YOU ACKNOWLEDGE AND AGREE THAT YOU BEAR EXCLUSIVE, SOLE, AND COMPLETE RESPONSIBILITY FOR PROTECTING, PRESERVING, SECURING, AND BACKING UP ALL API KEYS, SECRET KEYS, WALLET ADDRESSES, PRIVATE KEYS, AND ANY SEED PHRASES ("SECRET PHRASE") USED WITH THE SOFTWARE. YOU MUST MAINTAIN ADEQUATE SECURITY AND CONTROL OVER THESE CREDENTIALS.

B. Non-Custodial Acknowledgment

YOU ACKNOWLEDGE AND AGREE THAT WE (NOFX) ARE A NON-CUSTODIAL SOFTWARE PROVIDER. WE NEVER COLLECT, STORE, RECEIVE, OR IN ANY WAY ACCESS YOUR API KEYS, PRIVATE KEYS, OR SEED PHRASES. WE WILL NEVER REQUEST THAT YOU SHARE THESE CREDENTIALS.
CONSEQUENTLY, WE HAVE NO ABILITY TO ACCESS YOUR FUNDS, RECOVER YOUR LOST KEYS, OR CANCEL OR REVERSE ANY TRANSACTIONS. YOU BEAR COMPLETE RESPONSIBILITY FOR ANY AND ALL LOSSES RESULTING FROM THE LOSS, THEFT, OR COMPROMISE OF YOUR KEYS (WHETHER API KEYS OR PRIVATE KEYS).

C. User-Managed Encryption

YOU ACKNOWLEDGE THAT IN YOUR SELF-HOSTED INSTANCE, YOU ARE RESPONSIBLE FOR ENCRYPTING YOUR KEYS AND CREDENTIALS IN ALL STORAGE AND COMMUNICATIONS. ANY ENCRYPTION FUNCTIONALITY PROVIDED IN THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY SECURITY GUARANTEES.

D. Third-Party Terms

WHEN USING THE SOFTWARE TO CONNECT TO ANY THIRD-PARTY SERVICES (SUCH AS BINANCE, HYPERLIQUID, DEEPSEEK, QWEN, ETC.), YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL TERMS OF SERVICE, FEE POLICIES, AND USAGE RULES OF SUCH THIRD-PARTY SERVICES.

6. Acceptable Use Policy (AUP)

YOU AGREE NOT TO USE THE WEBSITE OR SOFTWARE FOR ANY ILLEGAL PURPOSES OR PURPOSES PROHIBITED BY THESE TERMS. PROHIBITED ACTIVITIES INCLUDE (BUT ARE NOT LIMITED TO):
Illegal Activities: Engaging in any activities that violate local, state, national, or international laws or regulations.
System Abuse: Engaging in any "hacking," "spamming," "mail bombing," or "denial of service attacks."
Security: Attempting to probe, scan, or test the vulnerability of the Website or related networks, or breaching security or authentication measures.
Data Scraping: Using any automated systems (including "data scraping," "web scraping," or "bots") to extract data from the Website for commercial purposes.
Malware: Introducing any viruses, trojans, worms, or other malicious code.

7. Intellectual Property (IP)


A. Website Content

We and our licensors reserve all intellectual property rights in the Website and all its content (including text, graphics, logos, and visual design elements).

B. Software Intellectual Property

The Software is an open-source project. Its intellectual property rights are governed by the AGPL-3.0 license.

C. User Content/Feedback

If you provide us with any feedback, strategies, suggestions, or contributions ("User-Generated Content"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, host, reproduce, modify, and display such content.

8. Limitation of Liability and Indemnification

This section limits our legal liability and requires you to assume responsibility for damages caused by you. Please read carefully. All terms in this section are presented in prominent capital letters.
A. Limitation of Liability:
THIS TERM IS FORMULATED BASED ON AN ANALYSIS OF LEGAL ACTIONS FACED BY CUSTODIAL SERVICE PROVIDERS AND LEVERAGES OUR LEGAL POSITION AS A NON-CUSTODIAL, SELF-HOSTED SOFTWARE PROVIDER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOFX (AND ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS) SHALL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, FUNDS, OR DATA, OR DAMAGES RESULTING FROM THEFT OR LOSS OF YOUR API KEYS OR PRIVATE KEYS, ARISING FROM:
YOUR USE OR INABILITY TO USE THE WEBSITE OR SOFTWARE;
ANY DEFECTS, ERRORS, VIRUSES, INACCURACIES, OR DELAYS IN THE SOFTWARE;
ANY AI-GENERATED OUTPUT, "HALLUCINATIONS," ERRONEOUS TRADING SIGNALS, OR FAILED STRATEGIES;
ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR SELF-HOSTED INSTANCE OR ANY DEVICE WHERE YOU STORE YOUR KEYS;
ANY AND ALL FINANCIAL LOSSES RESULTING FROM ANY TRADES EXECUTED AUTOMATICALLY OR SUGGESTED BY THE SOFTWARE.
IF NOFX IS FOUND TO HAVE DIRECT LIABILITY TO YOU, OUR MAXIMUM AGGREGATE LIABILITY SHALL BE LIMITED TO THE GREATER OF THE FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM (IF ANY) OR ONE HUNDRED DOLLARS ($100.00).
B. Indemnification:
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS NOFX AND ITS AFFILIATES FROM ANY CLAIMS, DEMANDS, ACTIONS, LOSSES, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING FROM OR IN ANY WAY RELATED TO: (A) YOUR ACCESS OR USE OF THE SOFTWARE; (B) YOUR VIOLATION OF THESE TERMS; (C) YOUR VIOLATION OF ANY THIRD-PARTY RIGHTS, INCLUDING BUT NOT LIMITED TO THE TERMS OF SERVICE OF ANY EXCHANGE OR AI PROVIDER TO WHICH YOU CONNECT; OR (D) ANY THIRD-PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS ARISING FROM YOUR USE OF AI OUTPUT.

9. Termination


A. Termination by Us

WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO IMMEDIATELY OR UPON NOTICE SUSPEND OR TERMINATE YOUR ACCESS TO THE WEBSITE (AND ANY FUTURE HOSTED SERVICES WE MAY OFFER) IN THE EVENT YOU VIOLATE THESE TERMS OR THE ACCEPTABLE USE POLICY.

B. Effect of Termination

UPON TERMINATION, YOUR LICENSE TO THE SOFTWARE UNDER AGPL-3.0 (IF YOU HAVE DOWNLOADED IT) REMAINS VALID, BUT YOUR RIGHT TO USE OUR WEBSITE WILL BE REVOKED. ALL TERMS RELATED TO DISCLAIMERS, LIMITATION OF LIABILITY, INDEMNIFICATION, INTELLECTUAL PROPERTY, AND GOVERNING LAW SHALL SURVIVE TERMINATION.

10. Modification of Terms

WE RESERVE THE RIGHT TO MODIFY OR REPLACE THESE TERMS AT ANY TIME AT OUR SOLE DISCRETION. UNLIKE CERTAIN "UNILATERAL MODIFICATION" CLAUSES IN THE INDUSTRY THAT MAY BE DEEMED UNENFORCEABLE, WE WILL PROVIDE NOTICE OF MATERIAL CHANGES BY POSTING THE UPDATED TERMS ON THE WEBSITE AND UPDATING THE "LAST UPDATED" DATE. YOUR CONTINUED ACCESS TO THE WEBSITE OR USE OF THE SOFTWARE AFTER SUCH CHANGES TAKE EFFECT CONSTITUTES YOUR ACCEPTANCE OF THE NEW TERMS.

11. General Terms


A. Governing Law

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF [SPECIFIED JURISDICTION], WITHOUT REGARD TO ITS CONFLICT OF LAW PRINCIPLES.

B. Dispute Resolution

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT ALL DISPUTES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL BE FINALLY RESOLVED THROUGH BINDING ARBITRATION CONDUCTED IN [SPECIFIED LOCATION].

C. Severability and Waiver

IF ANY PROVISION OF THIS AGREEMENT IS FOUND TO BE ILLEGAL OR UNENFORCEABLE, THE REMAINING PROVISIONS SHALL CONTINUE IN FULL FORCE AND EFFECT. FAILURE BY A PARTY TO ENFORCE ANY RIGHT OR PROVISION OF THIS AGREEMENT SHALL NOT BE DEEMED A WAIVER OF SUCH RIGHT OR PROVISION.

D. Entire Agreement

THIS AGREEMENT (TOGETHER WITH THE AGPL-3.0 SOFTWARE LICENSE) CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND NOFX REGARDING THE SUBJECT MATTER.
