TERMS OF SERVICE
Thank you for using TaxBit to calculate, track, and populate your tax forms. These terms of service (“Terms”) cover your use and access to our services, software, and websites (“Services”). Your agreement is with TaxBit, Inc. (“TaxBit”, “we” or “us”). By using our Services, you are agreeing to be bound by these Terms. If you do not understand or agree to these Terms, please do not use our Services.
For purposes of these Terms, “you” and “your” means you as the user of the Services. If you are using our Services for an organization, then “you” includes you and that organization, and you represent and warrant that (a) you are an authorized representative of the organization with authority to bind the organization to these Terms, and (b) you’re agreeing to these Terms on behalf of that organization.
Section 14 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes with us related to the Services through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) to waive your right to participate in class actions, class arbitrations, or representative actions in connection with your use of the Services. You have the right to opt-out of arbitration as explained in Section 14.
1. Who May Use The Services
You must be 18 years of age or older and reside in the United States or any of its territories to use the Services. Individuals under the age of 18 are not permitted to use the Services. By using the Services, you represent and warrant that you meet these requirements.
To use certain of our Services, you need to create an account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. Keep your information protected by safeguarding your password to your Account. Make sure to keep your Account information current. Do not share your Account credentials or give others access to your Account. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account. You agree not to create any Account if we have previously removed your, or we previously banned you from any of our Services, unless we provide written consent otherwise.
Billing. If you buy or subscribe to any of our paid Services, you agree to pay us the applicable fees and taxes in U.S. Dollars. Failure to pay these fees and taxes will result in the termination of your access to the paid Services.. You agree that (a) if you purchase a recurring subscription to any of the Service, we may store and may automatically continue billing your payment method (e.g. credit card) from the date you purchase such subscription Services and on each periodic renewal until cancellation to avoid interruption of such Services, and (b) you are responsible for all applicable taxes, and we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase and charge tax when required to do so. All subscriptions are payable in accordance with payment terms in effect at the time the subscription becomes payable. Payment can be made by credit card, debit card, or other means that we may make available. Subscriptions will not be processed until payment has been received in full, and any holds on your account by any other payment processor are solely your responsibility. Discounts are only effective for the current calendar year. Customer subscriptions between January 1st to April 15th include IRS 8949 form generation for the current tax year (and all prior years if Plus or Pro plan) but do not include the following year's tax form without renewal.
Subscription Renewals and Cancellations. You agree that if you purchase a subscription, your subscription will automatically renew at the subscription period frequency referenced on your subscription page (or if not designated, then monthly) and at the then-current rates, and your payment method will automatically be charged at the start of each new subscription period for the fees and taxes applicable to that period. To avoid future subscription charges, you must cancel your subscription before the subscription period renewal date by doing the following: You may cancel your subscription within your TaxBit account.
Free Trials. You can sign up for a trial Account for the paid portion of the Services and your trial period starts on the day you create the trial Account lasts for 14 days (unless otherwise indicated on your free trial confirmation email. If you are on a trial, you may cancel at any time until the last day of your trial by following the cancellation procedures outlined above under “Subscription Renewals and Cancellations". If you do not cancel your trial Account at the end of your free trial period, and we have notified you that your Account will be converted to a paid subscription at the end of the free trial period, you authorize us to charge your credit card or other designated billing method for continued use of the paid Services. You may, however, then cancel your subscription in accordance with the “Subscription Renewals and Cancellations” section of these Terms. If you cancel your trial Account or decide not to purchase a paid version of the Services at the end of your trial period, your content or data associated with your trial Account will no longer be available to you, and TaxBit may delete or remove any such content or data. If you wish to download your tax forms prior to the free trial period ending then you will be prompted to purchase a TaxBit subscription plan.
Changes. We reserve the right to change our subscription plans or adjust pricing for the Services in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise provided in these Terms, any price changes or changes to your subscription plan will take effect following reasonable notice to you..
No Subscription Refunds. Except as expressly set forth in these Terms, payments for any subscriptions to the Services are nonrefundable and there are no credits for partially used periods. Following any cancellation by you, however, you will continue to have access to the paid Services through the end of the subscription period for which payment has already been made.
5. Rights We Grant You
Right to Use Services. We hereby permit you to use the Services for your personal non-commercial use only, provided that you comply with these Terms in connection with all such use. If any software, content or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you, a personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content and materials provided to you as part of the Services, in each case for the sole purpose of enabling you to use the Services as permitted by these Terms. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that TaxBit, in its sole discretion, may elect to take.
Restrictions On Your Use of the Services. You may not do any of the following in connection with your use of the Services, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:
· download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services, except for temporary files that are automatically cached by your web browser for display purposes, or as otherwise expressly permitted in these Terms;
· duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
· use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
· use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;
· exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;
· access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party’s access to or use of the Services or use any device, software or routine that causes the same;
· attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;
· circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;
· use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercepts, “mines,” scrapes, extracts, or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
· introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
· submit, transmit, display, perform, post or store any content that is inaccurate, unlawful, defamatory, obscene, invasive of privacy or publicity rights, deceptive, or otherwise objectionable;
· violate any applicable law or regulation in connection with your access to or use of the Services; or
· access or use the Services in any way not expressly permitted by these Terms.
6. Ownership in Our Software and Services; Your Content
Ownership of the Services. The Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected by copyright, trademark, and other US and foreign intellectual property laws. You agree that TaxBit and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content (other than Your Content), including, without limitation, the exclusive right to create derivative works.
Ownership of Trademarks. TaxBit’s name, TaxBit’s trademarks, TaxBit’s logo and all related names, logos, product and service names, designs and slogans are trademarks of TaxBit or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Ownership of Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of TaxBit, and TaxBit may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to TaxBit any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
Your Content License Grant. In connection with your use of the Services, you may be able to post, upload, or submit content to be made available through the Services (“Your Content”). In order to operate the Service, we must obtain from you certain license rights in Your Content so that actions we take in operating the Service are not considered legal violations. Accordingly, by using the Service and uploading Your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) Your Content but solely as required to be able to operate and provide the Services. You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide and irrevocable (for so long as Your Content is stored with us), and include a right for us to make Your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations. By posting or submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.
7. Third Party Services and Materials
Certain Services may display, use, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Services, you acknowledge and agree that TaxBit is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.
Third Party Materials may include third party Application Programming Interfaces (“API’s”). TaxBit will use the API’s to provide the Services, such as for tracking and calculating taxes. You hereby grant us, our affiliates and third parties we work with a right to access and use API’s in connection with the Services. TaxBit encourages users to use only "read-only" API keys. These features require our system to access, use, and store your information. You acknowledge and agree that your usage of our Services provides us permission to conduct these activities, and this permission extends to our affiliates and third parties we work with.
You are free to stop using our Services at any time. If you breach any of the provisions of these Terms, all licenses granted by TaxBit will terminate automatically. Additionally, we reserve the right to suspend, disable or terminate your access to the Services and/or your Account (or any part of the foregoing), with or without notice, for any or no reason. If TaxBit deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, TaxBit may, but is not obligated to, delete any of Your Content. TaxBit shall not be responsible for the failure to delete or deletion of Your Content. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by TaxBit or you. Termination will not limit any of TaxBit’s other rights or remedies at law or in equity
To the fullest extent permitted by law, TaxBit and its affiliates, officers, directors, employees, agents, representatives, REFERRAL PARTNERS, partners, licensors, suppliers and distributors (the “TaxBit Entities”) make no warranties or representations, either express or implied, about the Services. Your access to and use of the Services are at your own risk. The Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. TaxBit Entities also disclaim all warranties and conditions (express or implied) of merchantability, fitness for a particular purpose, or non-infringement. The TaxBit Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility with any other application or any particular system or device; (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) the deletion of, or the failure to store or transmit, Your Content and other communications maintained by the Services. No advice or information, whether oral or written, obtained from TaxBit Entities or through the Services, will create any warranty or representation not expressly made herein (including but not limited to with respect to any advice or information regarding a user’s estimated tax liability for cryptocurrency transactions). It is recommended that users use a Certified Public Accountant to review their entire tax liability. TaxBit is not liable for inaccurate tax calculations, estimates, or audits. It is the user’s responsibility to ensure the accuracy of their data and corresponding tax documents and to ensure all of their transactions are uploaded to the Services prior to exporting their tax form.
Tax calculations rely on the data that is being provided. It is your responsibility to ensure that all of your trading data is populated into your account and no duplicates are present. Exchanges sometimes make updates to their API's that can change the transactional data in your Account. You should verify your data and reach out to our support team if there are any issues. After verifying your data and downloading your tax forms you are encouraged to "lock" your accounting period so that locked data does not move and reconciles back to your tax forms.
THE TAXBIT ENTITIES TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES.
10. Limitation of Liability
To the extent permitted by law, you agree that the TaxBit Entities will not be liable for:
· Damages of any kind, including any indirect, special, incidental, punitive, exemplary, or consequential damages;
· Any loss of use, data, business, or profits;
· Any failures in the software included within the Services, including but not limited to miscalculations, duplicate data, failure to bring in data from an API, and other errors; or
· or ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES.
In each case of the foregoing, however caused and under any theory of liability, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE TAXBIT ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THE TAXBIT ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED the greater of $20 USD or 100% of any amount you have paid under your current service plan with TaxBit. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IF YOU HAVE BEEN REFERRED TO USE THE SERVICE BY A THIRD PARTY REFERRING PARTNER OR OTHER THIRD PARTY (SUCH AS A TAX PROFESSIONAL), YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD PARTY SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU IN ANY WAY IN CONNECTION WITH YOUR ACCESS OR USE OF THE SERVICES.
By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the TaxBit Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the TaxBit Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your misuse of the Services; (d) Your Content, or (e) your negligence or willful misconduct. If you are obligated to indemnify any TaxBit Entity hereunder, then you agree that TaxBit (or, at its discretion, the applicable TaxBit Entity) will have the right, in its sole discretion, to control any action or proceeding and to determine whether TaxBit wishes to settle, and if so, on what terms, and you agree to fully cooperate with TaxBit in the defense or settlement of such claim.
The use of and access to TaxBit’s software and Services does not create an attorney-client relationship. You should contact your attorney to obtain advice with respect to any particular issue or problem.
TaxBit’s pro plan comes with up to half an hour of phone support from a certified tax expert. Any additional hours may be purchased. TaxBit’s tax experts do not certify the accuracy of the user’s tax forms.
Informal Process First. You agree that in the event of any dispute between you and the TaxBit Entities, you will first contact TaxBit and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.
Arbitration Agreement. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) arising out of or relating in any way to your use of TaxBit’s services and/or products, including the Services, and including without limitation any dispute concerning the construction, validity, interpretation, enforceability, or breach of these Terms, shall be exclusively resolved by binding arbitration, including threshold questions of arbitrability of the Claim, except as permitted herein, upon a party’s submission of the dispute to arbitration. You and TaxBit agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures and the JAMS Consumer Minimum Standards (together, the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. 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. Judgment on the arbitration award may be entered in any court that has jurisdiction. You have a right to have the arbitration conducted via telephone, or as an in-person hearing in your hometown area (if you live in the United States) or another location that is reasonably convenient to you.
It is the intent of you and TaxBit that, barring extraordinary circumstances, arbitration proceedings will be concluded within one hundred and twenty (120) days from the date the arbitrator is appointed. The arbitrator 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 parties to the Claim.
Waiver of Class Actions and Class Arbitrations. You and TaxBit agree that each party may bring Claims against the other party only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, including without limitation federal or state class actions, or class arbitrations. Accordingly, under the arbitration procedures outlined in this section, (a) no arbitration proceeding hereunder shall be certified as a class action or proceed as a class action, and (b) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and TaxBit agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties.
Costs of Arbitration. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, TaxBit will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose, except that if you have initiated the arbitration claim, you will still be required to pay the lesser of $250 or the maximum amount permitted under the JAMS Rules for arbitration claims initiated by you. You are still responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses.
Opt-Out. You have the right to opt-out and not be bound by the arbitration and waiver of class provisions set forth in these Terms by sending written notice of your decision to opt-out to Privacy@taxbit.com or to the U.S. mailing address listed in the “How to Contact Us” section of these Terms. The notice must be sent to TaxBit within thirty (30) days of your registering to use the Services or agreeing to these Terms (or if this Section 14 is amended hereafter, within thirty (30) days of such amendment being effective), otherwise you shall be bound to arbitrate disputes in accordance with these Terms, and the notice must specify your name and mailing address. If you opt-out of these arbitration provisions, TaxBit also will not be bound by them.
Exceptions. Notwithstanding anything in these Terms to the contrary, You may instead assert your Claim in “small claims” court, but only if your Claim qualifies, your Claim remains only in such court, and your Claim remains on an individual, non-representative and non-class basis. Further, you and TaxBit will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, or if the Claim relates to intellectual property infringement or misappropriation.
You agree that a breach of these Terms will cause irreparable injury to TaxBit for which monetary damages would not be an adequate remedy and TaxBit shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
16. California Residents
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
17. Export Laws
You agree that you will not export or re-export, directly or indirectly, the Services and/or other information or materials provided by TaxBit hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.
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 these terms, any licenses granted hereunder or any of your rights under these Terms, and any such attempt will be void. TaxBit may assign these Terms, any licenses granted hereunder, and any of its rights or obligations under these Terms.
We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms.
The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. These Terms are governed by the laws of the State of Utah, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth in Section 14, or if arbitration does not apply, then the state and federal courts located in Salt Lake County, Utah.
21. How to Contact Us
You may contact us regarding the Services or these Terms at: TaxBit, Inc., 66 East Wadsworth Park Dr., Draper, Utah 84020 or by e-mail at Privacy@taxbit.com.