TERMS OF SERVICE
CryptoTax.AI Terms of Service
Last Updated: February 14th, 2019
Welcome to CryptoTax.AI! You are now reading our Terms of Service (“Terms”). Please read these Terms carefully because they are an agreement between you and CryptoTax.AI, LLC (“CryptoTax.AI”, “Company,” “we,” or “us”), for your use of our website located at www.cryptotax.ai (the “Site”) and related services accessible via our Site and our mobile device application (“App”). The Site, App and services accessible there are collectively referred to in these Terms as the “Services”.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND Cryptotax.ai THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 18 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
- Changes to Terms or Services. We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms to the Site and App or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 18(g) “Effect of Changes on Arbitration,” you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
- No Professional Advice. CryptoTax.AI does not provide legal, financial, Accounting or other professional services or advice. Our Services as defined below in no way constitute and are not a replacement for personal professional tax or business advice tailored to your specific needs.
- Cryptocurrency. We offer a recordkeeping service and do not advocate or promote any trading of any nature. Cryptocurrencies are very volatile and trading in them is speculative. In addition, some institutions that support cryptocurrency transactions can sometimes be insecure. For more information on prudent investing, see the information available at the websites of the Securities and Exchange Commission at www.sec.gov and the Financial Industry Regulatory Authority at www.FINRA.org. Any money you allocate to speculative investments should be strictly the money you can afford to risk without jeopardizing your daily life, or negatively impacting your plans for education, retirement, or long-term care.
- Market Risk. The market for cryptocurrencies are still new and uncertain. The market value for cryptocurrency has been and is expected to continue to be subject to fluctuations. There is no guarantee of value of cryptocurrency, and any given cryptocurrency product may lose all or substantially all of its value.
- Legal Risk. The legal status of cryptocurrencies may be uncertain. This can mean that the legality of holding or trading them is not always clear. Whether and how cryptocurrency constitutes property, or assets, or rights of any kind is ambiguous and cannot be guaranteed.
You are responsible for knowing and understanding how cryptocurrency will be addressed, regulated, and taxed under applicable law.
- Who May Use the Services?
- Eligibility. You must be permitted to file either federal or state taxes to use our Services. You may use the Services only if you can form a binding contract with CryptoTax.AI. You agree to use the Services in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Services by anyone under 13 is strictly prohibited. The Services are not available to any Customers of the Services previously removed from the Services by CryptoTax.AI.
- Registration. If you want to use certain features of the Services you’ll have to create an Account (“Account”). You can do this via the Site. You will need to provide certain information at onboarding including a user name and email address.
- Accuracy of Account information. When creating your Account, you must provide accurate and complete information, including payment related information. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify CryptoTax.AI immediately of any breach of security or unauthorized use of your Account. We are not liable for any losses caused by any unauthorized use of your Account.
- Customer ID and Password Security. You are the only person authorized to use your Customer ID and password and for maintaining the confidentiality of your Customer ID and password. You shall not permit or allow other persons to have access to or use your Customer ID and password. You are responsible for the use of the Services under your Customer ID. You are responsible for protecting the information on your computer such as by installing anti-virus software, updating your software, password protecting your files, and not permitting third party physical or electronic access to your computer or tax files.
- Services Functionality. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services as permitted by the features of the Services. CryptoTax.AI reserves all rights not expressly granted herein in the Services and the CryptoTax.AI’ Content (as defined below). You may use the Services solely for the preparation and filing of U.S. federal and/or state tax return(s) for which you have paid the applicable fee(s) to us.
- Non-commercial Use. Unless explicitly consented by us in writing, you may not use the Services to prepare tax returns, schedules or worksheets for a third party on a professional or commercial basis (i.e., for a preparer’s or other fee).
- Tracking Services. We will operate a unified dashboard to track your cryptocurrency assets. You can link one or more of your wallets (e.g., wallets you control) to our platform your cryptocurrency transactions.
We will not have access to your private key. We will track the transactions that are recorded on the public blockchain associated with the wallet address you provide us. We do not verify that you in fact have control over the wallet address. We assume that the wallet address(es) you provide us is/are yours, and we are not responsible for any errors or fraud associated with the wallet address we receive.
You represent that you have the necessary rights to grant us access to your Accounts with third parties. Third parties are not affiliated with or endorsed or sponsored by us.
- Cryptocurrency Trade Projections and Calculations. CryptoTax.AI also offers additional paid Services which may include, but are not limited to, projecting your potential cryptocurrency gains using a proprietary algorithmic recordkeeping tool. You can use this tool to compile detailed transaction information to monitor your cryptocurrency trades. While we are not an Accounting firm, our Services rely on the generally accepted industry standards as part of our cost basis method for tracking your cryptocurrency trades. Therefore, you can also use this Service in connection with filing applicable tax information. In particular, you can use our Service to assist you in calculating capital gains realized as part of your cryptocurrency trading activity using our Services.
Our Services are divided between Account types depending on the number of cryptocurrency transactions you engage in. You will select the appropriate Service feature for your cryptocurrency portfolio. You have the ability to select which Account type applies to your cryptocurrency assets, and the features of each Account type will be disclosed to you prior to making a payment to us (as described below under Payments).
We do prepopulate demonstration tax forms on your behalf. You are solely responsible for verifying any information you input into a tax form if derived from our Services.
- Referral Services. CryptoTax.AI partners with certain regulated service providers, such as third-party tax professionals and associated platforms, and cryptocurrency exchanges to prepare information that you, or the third party service provider, may use to prepare your income tax returns. We will not audit or otherwise verify the information you submit, or the information provided by a third party, although we may ask you for clarification of some of the information.
- Your Recordkeeping Responsibilities. You acknowledge and agree that you understand state and federal recordkeeping requirements, including those of the Internal Revenue Service (“IRS”) and you agree to comply with those requirements and that as between you and CryptoTax.AI, CryptoTax.AI has no responsibility in this regard.
- Your Reporting Responsibilities. The United States imposes reporting requirements with respect to persons having certain direct and indirect interests in a foreign bank Account or other foreign financial asset. Failure to comply with these reporting requirements may result in substantial civil and criminal penalties. You accept responsibility for informing us if you believe that you may have foreign reporting requirements with the U.S. Department of the Treasury and/or Internal Revenue Service and you agree to timely provide us with the information necessary to prepare the appropriate form(s). We assume no liability for penalties associated with the failure to file, or untimely filing, of any of these forms.
- Limitation of Liability. Our work cannot be relied upon to discover errors, fraud, defalcations, or other irregularities, should any exist in tax filings. We assume you are properly and timely discharging any and all other tax reporting obligations for which you are responsible. Our Services are limited to tracking and analyzing your cryptocurrency trading activity, and does not include consultation on any other taxation issues, including local or sales taxation, unless expressly stated in writing by Us.
You have the final responsibility for the accuracy of each item on the returns, as well as, the overall correctness of the returns. We do not audit or otherwise verify the information that is in your tax returns or tax related documents submitted to tax authorities. if such documents contain errors, there may be an assessment of additional tax plus interest and penalties.
Subject to any Guarantee we provide in writing or applicable law We assume no liability for any additional tax, penalties or other assessments. You acknowledge that any understated tax, and any Penalty, interest or other related fee or cost imposed by any tax authority are your responsibility, and that we have no responsibility in that regard.
you acknowledge that we are not liable for any loss due to any financial or personal decision you take related to your use of our serivces, any loss due to inaccurate information that we receive from you or any third party related to your use of our services, any delay in filing your tax returns, and any loss due to your inability to access or use your ID or Password, or any Loss Due to an Authroized Use of Your Account.
- Usage Limits. We will make every practicable effort to provide you our Services. We may however limit or discontinue your use of our Services if your use substantially exceeds the normal use of our Services as compared to other customers. We will notify you as quickly as we can if we limit our provision of Services or discontinue your ability to use our Services with you. You acknowledge that we are under no obligation to provide with a reason for discontinuing our Services. If you made a payment for our Services, we will follow the policies set out in Section 9 (Account Fees) set forth below.
- Rights and Terms for Apps.
- Rights in App Granted by CryptoTax.AI. Subject to your compliance with these Terms, CryptoTax.AI grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple Customers through any means. We reserve all rights in and to the App not expressly granted to you under these Terms.
- Accessing App from App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
- These Terms are concluded between you and CryptoTax.AI, and not with the App Provider, and CryptoTax.AI (not the App Provider), is solely responsible for the App.
- The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of CryptoTax.AI.
- The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
- In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, CryptoTax.AI will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You must also comply with all applicable third party terms of service when using the App.
- Account Fees. We offer two payment plans for our customer Accounts. You may make select the “Predetermined Payment” plan or the “Enterprise” plan. If you select a Predetermined Payment plan, you agree to pay in advance the set applicable fee as posted on the Site or in the App, plus any applicable taxes and other fees that may accrue in relation to your use of the Services. If you select the Enterprise option, we will contact you directly and establish a fee schedule based on your particularized cryptocurrency portfolio.
All fees are nonrefundable and non-transferable unless otherwise provided in these Terms.
- Predetermined Payment. You have the option of making an advance payment using the predetermined prices set out on our Site when you open an Account. If you make a Predetermined Payment, you will be able to use the Services as disclosed to you upon payment.
The Predetermined Payment option is subdivided into different price scales based on how many cryptocurrency transactions you engaged in during the 2018 taxable year. For instance, if you want us to assist you in calculating the capital gains realized on 100 or less cryptocurrency transactions in the 2018 taxable year, you would select the “Basic” option. If you have more than one hundred (100) cryptocurrency transactions but less than a thousand (1,000) cryptocurrency transactions in the 2018 taxable year, you would select the “Professional” option.
If your cryptocurrency portfolio changes where you need to upgrade from one Predetermined Payment Account to another, you will incur an additional cost. We will disclose the cost of the additional Services and you will agree to the cost before making the payment. If you elect not to upgrade your Predetermined Payment Account, we will limit our Services to the number of transactions eligible for your Advance Payment Account.
The Predetermined Payment Account types include auxiliary services such as priority support. Even if you have fewer than the number of cryptocurrency transactions that necessitates a particular Predetermined Payment Account option, you can enroll in any Predetermined Payment Account type, provided you have the eligible number of cryptocurrency transactions.
- Enterprise. You have the option of enrolling in the Enterprise Account. Under this Account, you can submit an unlimited number of cryptocurrency transactions to our platform. You can also customize how we analyze your trading activity, and you will have access to any other feature available through our Services.
Prices for the Enterprise Account are determined based on the specific features you request. Upon registration, you will be contacted by a CryptoTax.AI representative to identify which platform Services you would like to incorporate into your Account. We will then disclose the cost associated with your customized package. You will enter into a supplemental agreement that will include the features you are eligible for and the cost associated with those features. Additional terms and conditions may apply to Enterprise Accounts.
- Cancellations and Terminations. If you have received our Services, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR PreDetermined Payment or Enterprise Account PAYMENT.
But if something unexpected happens in the course of completing a purchase transaction, we reserve the right to cancel your transaction for any reason; if we cancel your transaction we’ll refund any payment you have already remitted to us for such transaction.
- Payment Terms. The following terms apply for both Predetermined Payment and Enterprise Account types.
- General. Prices are ultimately determined when you request that we analyze and calculate your cryptocurrency transactions activity. We will disclose the Services we offer and the cost for each component of those Services when you open an Account. If there is a change of circumstance in your cryptocurrency portfolio between the time you open an Account and make a payment based on your selection of Services we offer and the Services your cryptocurrency portfolio requires, we may increase the cost to provide our Services. The prices for each type of Account type will not change and will be disclosed to you at every stage of the transaction.
- Payment Processing. All fees are payable in U.S. dollars. We currently use Stripe, and Coinbase Commerce as our third-party payment processors. Whether you make a Predetermined Payment or an Enterprise Account type payment (each, a “Transaction”), you expressly authorize us (or our third-party payment processors) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
- Service Rules. You agree not to engage in any of the following prohibited activities in connection with your use of the Services: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the CryptoTax.AI servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that CryptoTax.AI grants the operators of public search engines revocable permission to use spiders to copy materials from www.cryptotax.ai for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid information, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information, including Account names, from the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
- Terminating our Services. We may terminate or suspend your use of our Services subject to the terms and conditions of these Terms without notice in whole or in part for any violation of these Terms. We may terminate a free Account at any time. Upon termination for any reason or no reason, you continue to be bound by the following Sections: 1,3,4,6(g),(c),(d),11,12,13(b),14,16-20.
- Content Ownership, Responsibility and Removal.
- Definitions. Some areas of the Services allow Customers to post content such as feedback (reviews) information, comments, questions, and other content or information, including information relating to submission of cryptocurrency transactions submitted by a Customer of the Services (any such materials a Customer submits, posts, displays, or otherwise makes available on the Services “Customer Content”). You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Customer Content solely in connection with provision of the services to the Customer and for no other purposes.
- Restrictions. You agree not to post Customer Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any Customer Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. CryptoTax.AI reserves the right, but is not obligated, to reject and/or remove any Customer Content that CryptoTax.AI believes, in its sole discretion, violates these provisions.
For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your Customer Content, you affirm, represent and warrant the following:
- You have the written consent of each and every identifiable natural person in the Customer Content to use such person’s name or likeness in the manner contemplated by the Services and these Terms, and each such person has released you from any liability that may arise in relation to such use.
- Your Customer Content and CryptoTax.AI’ use thereof as contemplated by these Terms and the Services will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
- CryptoTax.AI may exercise the rights to your Customer Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
- To the best of your knowledge, all your Customer Content and other information that you provide to us is truthful and accurate.
CryptoTax.AI takes no responsibility and assumes no liability for any Customer Content that you or any other Customer or third party posts or sends over the Services. You shall be solely responsible for your Customer Content and the consequences of posting or publishing it. You understand and agree that you may be exposed to Customer Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that CryptoTax.AI shall not be liable for any damages you allege to incur as a result of Customer Content.
- Our Proprietary Rights. Except for your Customer Content, the Services and all materials, software, and content therein (the “CryptoTax.AI Content”), and all Intellectual Property Rights related thereto, are the exclusive property of CryptoTax.AI and its licensors. Except as explicitly provided herein, you are not permitted to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any CryptoTax.AI’ Content. Use of the CryptoTax.AI Content for any purpose not expressly permitted by these Terms is strictly prohibited.
- Links to Third Party Websites or Resources. The Services (including the App) may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
- Limitation of Liability.
- NEITHER CryptoTax.AI NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, PENALTIES OR COSTS FOR LATE OR ERRANT TAX FILINGS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF INFORMATION OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CryptoTax.AI OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- IN NO EVENT WILL CryptoTax.AI’ TOTAL LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO CryptoTax.AI FOR USE OF THE SERVICESOR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO CryptoTax.AI, AS APPLICABLE.
- THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CryptoTax.AI AND YOU.
- The Services are controlled and operated from facilities in the United States. CryptoTax.AI makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.
- Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the New York, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 18 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and CryptoTax.AI are not required to arbitrate will be the state and federal courts located in the District of New York, and you and CryptoTax.AI each waive any objection to jurisdiction and venue in such courts.
- Dispute Resolution. For any dispute with CryptoTax.AI, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally.
- Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Company agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
- Exceptions and Opt-out. As limited exceptions to Section 18(a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies, including any limitations on jurisdiction and the amount at issue in the dispute; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. You agree to bring a Dispute in small claims court in your county of residence. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at firstname.lastname@example.org or by regular mail at 511 6th Ave. #E2, New York, NY 10011 within thirty (30) days following the date you first agree to these Terms.
- Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
- Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
- Class Action Waiver. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
- Effect of Changes on Arbitration. Notwithstanding the provisions of Section 2 “Changes to Terms or Services” above, if Company changes any of the terms of this Section 18 “Dispute Resolution” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Company’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Company in accordance with the terms of this Section 18 “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
- Severability. With the exception of any of the provisions in Section 18(e) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
- General Terms.
- Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between CryptoTax.AI and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between CryptoTax.AI and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without CryptoTax.AI’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. CryptoTax.AI may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
- Notices. Any notices or other communications provided by CryptoTax.AI under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
- Waiver of Rights. CryptoTax.AI’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of CryptoTax.AI. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
- Contact Information. If you have any questions about these Terms or the Services, please contact us at firstname.lastname@example.org.