Terms of Service

1. Agreement to Terms

By accessing or using the Never Rest Capital ("NVR," "we," "us," or "our") website at schertzingertrading.com and our AI-powered autonomous crypto trading bot service (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

2. Service Description

NVR provides an AI-powered autonomous cryptocurrency trading bot that users deploy on their own Railway infrastructure. The bot executes trades on users' behalf using Coinbase CDP (Coinbase Developer Platform) agent wallets. The Service is non-custodial — we do not hold, control, or have access to your funds at any time. All trading is executed through Coinbase agent wallets that you provision and control through your own Coinbase account.

3. Not Financial Advice

The Service does not constitute financial advice, investment advice, trading advice, or any other kind of professional advice. Nothing on our website or within our Service should be construed as a recommendation to buy, sell, or hold any cryptocurrency or digital asset. You should consult with a qualified financial advisor before making any investment decisions. Any trading decisions made by the bot are generated by an AI algorithm and do not reflect human financial judgment.

4. Risk Disclosure

By using the Service, you acknowledge and accept the following risks:

• You may lose some or all of the funds you allocate to the trading bot.
• Past performance does not guarantee or indicate future results.
• AI-driven trading algorithms may make unprofitable trades or fail to respond to market conditions.
• Market conditions, liquidity, slippage, and blockchain network issues may adversely affect trade execution.
• Technical failures, downtime, bugs, or infrastructure issues (including those from Coinbase, Railway, or other third-party providers) may result in missed trades or losses.
• Regulatory changes may impact the legality or availability of cryptocurrency trading in your jurisdiction.

5. No Guarantee of Returns

We make no guarantees, representations, or warranties regarding the profitability of the Service. There is no guarantee that the trading bot will generate any profits. Any projections, examples, or historical performance data shown on our website or marketing materials are for illustrative purposes only and should not be relied upon as an indication of future performance.

6. Fee Structure

NVR charges a performance-based fee of 2% of realized profits generated by the trading bot. This fee is calculated based on net realized trading gains. Key details:

• Fees are only charged on profitable trades — if the bot does not generate profits, no fee is owed.
• The fee is calculated and collected automatically.
• You are also responsible for any third-party costs, including Railway hosting fees, Coinbase trading fees, and blockchain network (gas) fees.
• We reserve the right to modify the fee structure with reasonable advance notice. Continued use of the Service after a fee change constitutes acceptance of the new fee structure.

7. Non-Custodial Service

The Service is entirely non-custodial. Your trading bot operates through Coinbase CDP agent wallets linked to your own Coinbase account. We never have custody of, access to, or control over your funds, private keys, or Coinbase account credentials. You are solely responsible for the security of your Coinbase account and any wallets associated with it.

8. User Responsibilities

By using the Service, you agree that:

• You are at least 18 years of age and legally permitted to engage in cryptocurrency trading in your jurisdiction.
• You are responsible for complying with all applicable laws and regulations, including tax obligations arising from your trading activity.
• You will maintain the security of your Coinbase account, Railway deployment, and any associated credentials.
• You understand that deploying and running the bot on Railway is your responsibility, including managing your Railway account and associated costs.
• You will not use the Service for any illegal or unauthorized purpose.
• You are trading with funds you can afford to lose entirely.

9. Limitation of Liability

To the maximum extent permitted by applicable law, NVR and its owners, operators, affiliates, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, funds, or cryptocurrency arising from the use of the Service.
• Losses caused by trading bot errors, AI algorithm decisions, or system failures.
• Losses due to third-party service outages (Coinbase, Railway, blockchain networks, etc.).
• Losses resulting from unauthorized access to your accounts or deployments.
• Any damages arising from market volatility or adverse trading conditions.

The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

10. Indemnification

You agree to indemnify, defend, and hold harmless NVR and its owners, operators, affiliates, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in connection with your use of the Service, your violation of these Terms, or your violation of any applicable laws or regulations.

11. Termination

You may stop using the Service at any time by shutting down your trading bot deployment on Railway. We reserve the right to suspend or terminate your access to the Service at our sole discretion, without prior notice, for conduct that we determine violates these Terms, is harmful to other users, or is otherwise objectionable. Any outstanding fees owed at the time of termination remain payable.

12. Intellectual Property

All content, features, and functionality of the Service, including but not limited to the trading algorithm, website design, text, graphics, and logos, are the exclusive property of NVR and are protected by applicable intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of the Service without our prior written consent.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated "Last updated" date. Your continued use of the Service after any modifications constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles. Any disputes arising under or in connection with these Terms shall be resolved in the appropriate courts of jurisdiction.

15. Contact Us

If you have questions about these Terms of Service, please contact us at henry@schertzingertrading.com.