Terms of use.

Welcome to SmartFX. These Terms of Use ("Terms") govern your access to and use of the SmartFX website, software, services, and related content (collectively, the "Services"). By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree, please do not use our Services.

1. About SmartFX

SmartFX is a software provider. We license automated forex trading software, together with the setup, technical support, and software maintenance needed to run it. The Software is licensed to you and runs on your own trading account with an approved broker. Our software is designed to simplify access to algorithmic trading for both beginners and experienced users.

We are not a financial services company. We do not offer financial advice, investment recommendations, portfolio or money management, or trading education. All services are provided for software licensing, technical setup, software maintenance, and automation support only.

2. Members Area Access via Syncronisd

Upon purchase, you will receive login access to the SmartFX members area via Syncronisd. We reserve the right to modify or change our delivery method without prior notice.

3. Eligibility

To use our Services, you must be at least 18 years of age and legally able to enter into binding agreements. By registering and purchasing, you confirm that all provided information is accurate, and you accept full responsibility for your use of the software.

4. Permitted Use

By using SmartFX, you agree to use our Services only for lawful and intended purposes. You agree not to:

• Share, resell, or distribute any part of the software or content;
• Allow unauthorised users to access your members area or licence;
• Modify, reverse engineer, or replicate any SmartFX tools;
• Present SmartFX as offering financial advice or trading signals;
• Use our systems for illegal or prohibited financial activities.

5. Licensing and Access

Each purchase includes a non-transferable licence for one trading account unless otherwise specified. You may not assign, sublicense, or transfer this licence without written approval. Additional licences must be purchased separately. SmartFX reserves the right to suspend or revoke access for violation of these Terms.

6. Management and Upgrades

SmartFX also has the ability to manage the Software for upgrades and maintenance purposes, or in extenuating circumstances such as broker connections or VPS connections to the live feed. This may include deploying upgrades, updates, bug fixes, parameter adjustments, and routine or emergency maintenance to keep the Software running.

Automated operation. You acknowledge that the Software runs on an automated basis and executes trades automatically, in accordance with its programming, without prior reference to you on any individual trade — that is, you are entrusting trade execution to the automated Software. For the avoidance of doubt, SmartFX manages the operation of the Software only. It does not manage money or provide a managed trading service, and it does not accept, hold, or control your funds, which remain in your own brokerage account under your control at all times (see section 7).

Upgrades, maintenance, or action taken in the circumstances described above may require temporary downtime or interruption. SmartFX shall not be liable for any loss, missed trade, or delay arising from such activity.

7. No Control or Custody of Funds

SmartFX does not accept, hold, or control customer funds. In all cases — including where SmartFX provides technical management and maintenance of the Software — your trading capital remains in your own brokerage account under your control.

8. Payments

All prices are listed in Australian Dollars (AUD). Payment is due in full before access is granted. By purchasing, you acknowledge that you are buying a digital product or service and understand our refund and exchange policy outlined below.

9. Refund Policy

Due to the digital nature of our products and services, all sales are final. We do not offer refunds for:

• Change of mind;
• Product performance dissatisfaction;
• Technical inability to install the product due to user error;
• Lack of understanding or failure to follow instructions.

Exchanges: If you believe a purchase was made in error, we may, at our sole discretion, allow a one-time exchange for a different SmartFX product of equal value. Requests must be made within 72 hours of purchase.

To request an exchange or report a purchase issue, please contact: [email protected].

10. Disclaimer — No Financial Advice

SmartFX does not provide financial advice, portfolio management, or trading education. All guidance is related only to software use and technical setup. You are solely responsible for the decision to deploy our Software and for your trading account and its outcomes.

11. Risk Disclosure

Trading in financial markets involves risk, including the risk of loss up to and including the total loss of your capital. Past performance is not indicative of, and does not guarantee, future results. Any results, figures, or track records — whether published by SmartFX, shared by users, or shown in marketing materials — describe past outcomes only and must not be relied upon as a promise or projection of future returns.

By using our automated trading software, you acknowledge that you are entrusting the ongoing execution of trades to automated software, and that automated trading carries additional risks including but not limited to internet disruptions, latency, broker-side errors, and market-data interruptions. SmartFX shall not be liable for any loss or delay resulting from such events.

12. Termination of Access

We reserve the right to suspend or terminate your access to SmartFX and Syncronisd at any time if you:

• Violate these Terms;
• Misuse our software or brand;
• Breach licensing rules or distribute content unlawfully.

No refunds will be provided in the event of termination due to a breach of these Terms.

13. Intellectual Property

All SmartFX content, including software, instructional materials, videos, and branding, is the intellectual property of SmartFX and its licensors. You may not copy, modify, resell, or distribute any content without written permission.

14. Software Licence Agreement

Upon payment, the Licensee is granted a limited, non-exclusive, non-transferable licence to use the SmartFX Software strictly for their own trading account(s) with an approved broker. This licence does not constitute a sale of the Software, and ownership remains with SmartFX or its licensors.

15. Regulatory Status

SmartFX is not registered as a financial adviser, dealer, or broker in any jurisdiction. Its activities are limited to providing software technology to approved users who maintain full control over their trading accounts. All brokerage compliance (KYC/AML) is handled by the Designated Licensed Broker.

16. Licensee Qualification

Eligibility to use certain SmartFX software products may be subject to requirements set and verified by the Designated Licensed Broker, not by SmartFX.

17. Indemnity

You agree to indemnify and hold harmless SmartFX, its owners, affiliates, and partners from any claims, losses, or liabilities arising out of your use or misuse of the Software, your trading activities, or your breach of these Terms.

18. Dispute Resolution & Governing Law

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes shall first be submitted to mediation, followed by binding arbitration in the same jurisdiction.

19. Electronic Execution & Acceptance

By purchasing, downloading, or using the SmartFX Software, you acknowledge that these Terms constitute a legally binding agreement between you and SmartFX, enforceable as if physically signed.

20. Internal Governance Statement

SmartFX maintains internal compliance procedures including client record retention, broker verification, and licence archiving for regulatory readiness. All documents are stored for a minimum of 7 years.

21. Modifications to Terms

SmartFX reserves the right to update these Terms at any time. Continued use of the Services following changes constitutes your acceptance of the updated Terms. Please review this page regularly for updates.

22. Contact Information

SmartFX Support
Email: [email protected]
Website: www.smartfxbot.com