Risk Disclaimer, Authorization, and Limitation of Liability
By using the algorithmic trading software provided by Nushi AI, Inc. ("Software"), you ("Client" or "User") acknowledge and agree that you are utilizing Nushi AI's proprietary algorithms at your own discretion and for your own benefit within your designated third-party Forex, commodity, and/or cryptocurrency trading account(s).
You understand and accept that Forex, commodity, and cryptocurrency trading carries significant risk. By choosing to install and use the Software on your VPS, you have independently evaluated these risks, assumed full responsibility for your trading decisions, and connected the Software to your chosen broker. Your participation is based entirely on your own informed decision.
General Risk Warning
Trading foreign exchange (Forex), commodities (such as Gold/XAU), and cryptocurrency derivatives (such as BTC/USD) on margin involves a high degree of risk to your capital. These products may not be suitable for all investors. The high degree of leverage available in these markets can work against you as well as for you. Before engaging in trading, you should fully understand the nature and extent of your exposure to risk.
You acknowledge that the foreign exchange, commodity, and cryptocurrency markets are highly volatile. Although Nushi AI's Software is designed to optimize trading strategies and mitigate risk, unpredictable market fluctuations may still result in losses — including total loss of account funds. Nushi AI does not guarantee profitability or the preservation of capital in any account.
The possibility exists that you could sustain a loss of some or all of your initial investment and therefore you should not invest money that you cannot afford to lose. You are encouraged to carefully evaluate your own financial situation and risk tolerance before engaging in Forex, commodity, or cryptocurrency trading. Seek advice from an independent, licensed financial advisor if you have any doubts.
No Guarantee of Results
NUSHI AI MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES — EXPRESS OR IMPLIED — REGARDING:
- Future trading performance, profitability, income generation, or preservation of capital
- The accuracy, completeness, timeliness, or reliability of any trading signals or algorithmic outputs
- Any specific level of returns, outcomes, or financial results
- The suitability of any trading strategy for your particular circumstances, goals, or risk tolerance
- The continued availability, uptime, or error-free operation of any software, VPS, platform, or service
- The actions, solvency, pricing, or policies of any third-party broker or trading platform
Any references to historical performance, win rates, monthly returns, or growth figures on our website or marketing materials are strictly for informational and illustrative purposes. They do not constitute a promise, projection, or guarantee of any future result.
Past Performance Disclaimer
Historical win rates, return percentages, and performance metrics referenced on our website or marketing materials are based on historical data only. Actual results will vary and may include partial or total loss of capital. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown.
Hypothetical or simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not actually been executed, the results may have under- or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight.
PAMM Accounts
If you choose to utilize a percentage allocation money management ("PAMM") account with your broker, you do so voluntarily and accept full responsibility for any and all outcomes. Nushi AI does not manage, oversee, or monitor PAMM accounts and bears no liability whatsoever for any resulting losses, performance shortfalls, or account depreciation. You acknowledge that the use of a PAMM or any managed account structure may result in the total loss of your investment.
Algorithmic & Automated Trading Risks
Automated trading systems, including Nushi AI bot software running on your VPS, carry specific and significant risks:
- Technology Risk: Software failures, VPS outages, connectivity issues, or platform disruptions may prevent proper trade execution, cause missed trades, or result in unintended positions.
- Market Risk: Sudden market events, price gaps, flash crashes, or extreme volatility may result in losses beyond expected parameters, including losses that exceed your account balance.
- Execution Risk: Slippage, widening spreads, requotes, and broker execution delays may materially affect actual trade outcomes compared to expected results.
- Strategy Risk: No algorithm can predict market movements with certainty. Strategies that performed well historically may underperform, fail entirely, or produce significant losses in future market conditions.
- Leverage Risk: The use of leverage magnifies both potential gains and potential losses. You may lose more than your initial deposit.
- Broker Risk: Your broker may become insolvent, change trading conditions, increase spreads, or restrict trading without notice. Nushi AI has no control over your broker's actions or policies.
- Regulatory Risk: Changes in laws, regulations, or tax treatment may affect the legality or profitability of your trading activities.
- VPS Risk: Your VPS provider may experience downtime, hardware failure, or network interruption. You are solely responsible for maintaining and monitoring your VPS environment.
Your Responsibilities & Authorization
By installing, connecting, or using Nushi AI Software, you authorize the Software to execute trades in your broker account and you acknowledge and accept that:
- You have independently evaluated the risks of algorithmic trading and have made an informed decision to use the Software.
- You are solely responsible for all trading decisions, account settings, risk parameters, and their financial consequences.
- You connected the Software to your chosen broker account of your own volition.
- You understand the risks of leveraged trading in Forex, commodities, and cryptocurrency markets.
- You have read and understood all disclosures, terms, conditions, and risk warnings provided by Nushi AI.
- You will not trade with funds you cannot afford to lose.
- You are of legal age in your jurisdiction to engage in trading activities.
- It is your responsibility to ensure compliance with all applicable local, state, national, and international laws and regulations regarding automated trading.
- You are responsible for monitoring your VPS, your broker account, and all open positions at all times.
- You will seek independent professional advice from a licensed financial advisor, attorney, or accountant before making any investment decisions.
- You agree to invest only funds that you can afford to lose.
CFTC Rule 4.41 Disclaimer
CFTC RULE 4.41(b)(1) / NFA RULE 2-29: Hypothetical or simulated performance results have certain limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not been actually executed, the results may have under- or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown.
Differences between hypothetical performance and actual trading results can be significant. Unlike real trading, hypothetical performance does not involve financial risk, and actual results may be negatively impacted by emotional, financial, and psychological factors in live markets.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NUSHI AI, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF NUSHI AI SOFTWARE, INCLUDING BUT NOT LIMITED TO TRADING LOSSES, LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, ACCOUNT DEPRECIATION, OR ANY OTHER FINANCIAL LOSS — WHETHER ARISING FROM USE OF THE SOFTWARE, MARKET MOVEMENTS, THIRD-PARTY BROKER PERFORMANCE, VPS DISRUPTIONS, OR ANY OTHER CAUSE — REGARDLESS OF THE CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF NUSHI AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Nushi AI's total aggregate liability for any and all claims arising from or related to this Risk Disclaimer or the use of the Software shall not exceed the total amount of subscription fees actually paid by you to Nushi AI in the twelve (12) months immediately preceding the event giving rise to the claim.
Incorporation by Reference
By using the Software, you confirm that you have read, understood, and accepted Nushi AI's Terms & Conditions and Disclosures, which are hereby incorporated into this Risk Disclaimer by reference. In the event of any conflict between this Risk Disclaimer and the Terms & Conditions, the more protective provision shall prevail.
Questions about risk?
Contact us at legal@nushi.ai