Terms of Service
Updated 8/17/18

Thank you for using TaxBit to calculate, track, and withhold your estimated tax liability. These terms of service (“Terms”) cover your use and access to our services, software, and websites (“Services”). Your agreement is with TaxBit, LLC. By using our Services, you’re agreeing to be bound by these Terms. If you’re using our Services for an organization, you’re agreeing to these Terms on behalf of that organization.

Your Information & Your Permissions

When you use our Services, you may provide us with information about your cryptocurrency trades, account balance, and other financial information. These terms don’t give us any rights to your information except for the limited rights to enable us to offer the Services.

We need your permission to do things like accessing Application Programming Interfaces (“API’s”). TaxBit will use the API’s for its intended purpose of tracking, and calculating taxes. These features require our system to access, use, and store your information. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.

Your Responsibilities

Keep your information protected by safeguarding your password to the Services. Make sure to keep your account information current. Do not share your account credentials or give others access to your account.

Beta Services and Discounts

Some products released by TaxBit will be in the beta testing phase. Those services have been marked beta, preview, early access, preorder or evaluation (or with words or phrases with similar meanings) and may not be as reliable software that is not in beta testing. During testing tax estimates may not reflect your actual tax liability. TaxBit also does not calculate taxes that do not involve cryptocurrency. It is recommended to have your taxes reviewed by a Certified Public Accountant to ensure exact liability. Subscription discounts during the beta or discounted phase are only valid for the current calendar year and market prices will be charged for subsequent years. The 100% satisfaction money back guarantee must be exercised before December 31, 2018.

Our Software

The Services are protected by copyright, trademark, and other US and foreign laws. These terms don’t grant you any right, title, or interest in the Services.

Paid Accounts

Billing. You can change your plan by adding paid features. We’ll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. If you’re on an annual plan, we’ll send you a notice email reminding you that your plan is about to renew within a reasonable period of time prior to the renewal date. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so. Automatic renewal subscriptions will be charged the market rate. Discounts are only effective for the current calendar year.

No Refunds. You may cancel your TaxBit Paid Account at any time. Refunds are only issued if required by law. The 100% satisfaction money back guarantee must be exercised before December 31, 2018.

Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.

Termination

You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:

  1. You’re in breach of these Terms,
  2. You’re using the Services in a manner that would cause a real risk of harm or loss to us or other users, or
  3. You don’t have a Paid Account and haven’t accessed our Services for 12 consecutive months.

We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export your tax information from our Services.

  1. You’re in material breach of these Terms,
  2. Doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
  3. We’re prohibited from doing so by law.
Discontinuation of Services

We may decide to discontinue the Services in response to unforeseen circumstances beyond TaxBit’s control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export your information from our systems. If we discontinue Services in this way before the end of any fixed minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven’t received Services for.

Services Are “As Is”

To the fullest extent permitted by law, TaxBit and its affiliates, suppliers and distributors make no warranties, either express or implied, about the Services. The Services are provided “as is.” TaxBit also disclaim any warranties of merchantability, fitness for a particular purpose, and non-infringement. TaxBit offers Users their estimated tax liability for cryptocurrency transactions. It is recommended that Users use a Certified Public Accountant to review your tax liability. TaxBit is not liable for inaccurate tax estimates or audits. It is the Users responsibility to ensure the accuracy of their tax liability.

Limitation of Liability

To the extent permitted by law, TaxBit, its affiliates, suppliers or distributors won’t be liable for:

  1. Any indirect, special, incidental, punitive, exemplary, or consequential damages,
  2. Any loss of use, data, business, or profits regardless of legal theory, or
  3. Any failures in the software including but not limited to miscalculations and other errors.

If you use the services for any commercial, business, or resale purpose, TaxBit, its affiliates, suppliers or distributors will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Other than for the types of liability we cannot limit by law, TaxBit limits its liability to the greater of $20 USD or 100% of any amount you’ve paid under your current service plan with TaxBit.

Dispute Resolution

Any dispute, controversy or claim arising out of or relating in any way to the agreement including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of the agreement, shall be exclusively resolved by binding arbitration upon a Party’s submission of the dispute to arbitration. In the event of a dispute, controversy or claim arising out of or relating in any way to the agreement, the complaining Party shall notify the other Party in writing thereof. Within thirty (30) days of such notice, management level representatives of both Parties shall meet at an agreed location to attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining Party shall seek remedies exclusively through arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after one year from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach. The arbitration shall be conducted in Salt Lake City, Utah. The laws of the State of Delaware shall be applied in any arbitration proceedings, without regard to principles of conflict of laws.

It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within [one hundred and twenty] days from the date the arbitrator[s] are appointed. The arbitrator[s] may extend this time limit in the interests of justice. Failure to adhere to this time limit shall not constitute a basis for challenging the award.

Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of [all/both] parties.

The Parties agree that (i) no arbitration proceeding hereunder shall be certified as a class action or proceed as a class action, and (ii) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. The Parties agree to arbitrate disputes arising under this agreement on an individual basis and each waives the right to participate in a class action.

The arbitrator will have the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable.

Entire Agreement

These Terms constitute the entire agreement between you and TaxBit with respect to the subject matter of these Terms, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Waiver, Severability & Assignment

TaxBit’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. TaxBit may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Modifications

We may revise these Terms from time to time to better reflect:

  1. Changes in the law,
  2. New regulatory requirements, or
  3. Improvements or enhancements made to our Services.

If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify your prior to the update’s effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.

If you don’t agree to the updates we make, please cancel your account before they become effective. Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.

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