Terms of Service

1. Acceptance

By accessing smcpulse.com (the "Service"), you agree to be bound by these Terms of Service (the "Terms") and any policies referenced herein. These Terms constitute a legally binding agreement between you and Beach & Wne Co. ("we", "us"). If you do not agree, do not use the Service.

2. Eligibility

You must be at least 18 years old and legally able to access and use the Service in your jurisdiction. You are responsible for ensuring that your use of the Service complies with your local laws, especially those governing foreign exchange and derivative instruments.

3. Services

The Service is a software product developed by the company that produces automated technical indicators, market-structure analysis, rule-based alerts, and an Expert Advisor (EA) for the MetaTrader 5 platform. Details of the available plans are on: /pricing and /ea.

All software output is provided for informational purposes only and does not constitute investment advice or a solicitation to buy or sell any financial instrument.

4. Subscriptions & Billing

• All payments are processed by LemonSqueezy as Merchant of Record.
• Subscriptions renew automatically each month until cancelled.
• You may cancel at any time through the LemonSqueezy customer portal or by emailing us. Access continues until the end of the current billing period.
• Prices are in US dollars and as displayed at checkout.
• Applicable VAT, GST, or other transaction taxes are calculated and collected by LemonSqueezy at checkout.

5. Refund Policy

• Subscriptions: a full refund is available within 14 days of the first charge for first-time subscribers. Renewal periods are not refundable, but you may cancel at any time to stop future charges.
• SMC_USDJPY EA: because the EA is a one-time digital licence, it is non-refundable once the licence has been activated (bound to an MT5 account). If you have purchased but not yet activated, a refund can be requested within 7 days of purchase.
• Refund requests should be sent to contact@smcpulse.com with the order ID and billing email.

6. EA Licence Terms

The SMC_USDJPY Expert Advisor is licensed to you under a limited, non-transferable, non-exclusive personal-use licence subject to the following conditions:

• The licence is bound to a single MetaTrader 5 account number that you designate.
• You may not redistribute, resell, sublicense, lease, reverse-engineer, decompile, or modify the EA.
• You may not share your licence with other users or use it on unauthorised accounts.
• The EA runs on your own machine or VPS. You bear all responsibility for the execution environment, trading outcomes, and all related risks.
• We reserve the right to revoke a licence without refund in the event of any breach of these licensing terms.

7. Acceptable Use

You agree not to:

• scrape, crawl, or otherwise extract content, alerts, or data from the Service without authorisation;
• circumvent any subscription, licensing, or access control;
• share access to paid Telegram, Discord, or other channels with non-subscribers;
• use the Service in violation of any applicable law in your jurisdiction.

8. Intellectual Property

All content on the Service (including text, charts, algorithms, EA source code, trademarks, and UI design) is the property of the company or its licensors and is protected by copyright and other intellectual-property laws. No rights are granted other than the limited rights of use expressly stated in these Terms.

9. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, reliability, or non-infringement. To the maximum extent permitted by law we disclaim all warranties regarding the accuracy, timeliness, or completeness of any content, or any investment or trading outcomes.

10. Limitation of Liability

To the maximum extent permitted by law, the company, its directors, employees, and contractors shall not be liable for any indirect, incidental, consequential, punitive, or special damages (including but not limited to lost profits, trading losses, loss of data, or loss of goodwill), whether based on contract, tort, or any other legal theory. Our total aggregate liability in connection with the Service is limited to the amount you actually paid us in the preceding twelve (12) months.

11. Indemnification

You agree to indemnify and hold harmless the company from and against any claim, damage, loss, liability, cost, or expense (including reasonable legal fees) arising out of your use of the Service, your breach of these Terms, or your violation of any third-party right.

12. Termination

We may suspend or terminate your access to the Service at any time without refund if you breach these Terms. You may stop using the Service and cancel your subscription at any time. Sections that by their nature should survive termination (including 8, 9, 10, 11, and 13) will continue in force.

13. Governing Law & Jurisdiction

These Terms and any dispute arising out of them are governed by the laws of Taiwan (R.O.C.), without regard to conflict-of-laws principles. The parties submit to the exclusive jurisdiction of the courts of Taiwan New Taipei District Court.

14. Changes

We may update these Terms from time to time. Material changes will be posted on this page and, for existing subscribers, notified by email. Continued use of the Service constitutes acceptance of the updated Terms.

15. Contact

For any question about these Terms, please email contact@smcpulse.com. Registration details are on the About page.