TERMS AND CONDITIONS
WELCOME TO X.TAX ("X.TAX," "WE," "US," OR "OUR"). THESE TERMS AND CONDITIONS GOVERN YOUR USE OF OUR WEBSITE AND SERVICES, INCLUDING THE ELECTRONIC FILING OF TAX RETURNS FOR BUSINESSES. BY USING OUR SERVICES, YOU AGREE TO THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF AN INDIVIDUAL, COMPANY OR ANY OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO ALL THESE TERMS, YOU MUST NOT SELECT THE "REGISTER" BUTTON AND ALSO NOT USE THE SERVICES.
1. Scope of Services
We provide online tax return filing services for businesses in the United States. Our services include the preparation and electronic filing of tax forms in compliance with applicable laws and regulations. We do not provide legal, financial, or tax advice. You should consult a qualified professional for specific guidance related to your tax obligations.
2. Definitions and Eligibility
You must be at least 18 years old and have the legal capacity to enter into a binding contract to use our services. You confirm that you are authorized to provide the tax information and file returns on behalf of your business.
2.1 Fees
2.2 Documentation
2.3 Services
2.4 Data
2.5 Platform (website)
3. User Responsibilities
You agree to provide accurate, complete, and truthful information necessary for filing tax returns. You acknowledge that errors or omissions in the information provided may affect your tax filing. You understand that we are not responsible for any penalties, interest, or legal consequences resulting from incorrect, incomplete, or untimely tax filings.
4. Restrictions on Use of Service
X.TAX does not condone or support any activity that is unlawful, infringes upon the rights of others, damages the X.TAX's reputation, or could result in liability to a third party. At a minimum, users may not use the Platform to:
- Violate any applicable law, regulation, executive order, or ordinance, including engaging in conduct that may result in criminal, civil, administrative, or regulatory liability and/or fines;
- Post, generate, or share content that is illegal, inappropriate, or otherwise objectionable, including but not limited to material that is defamatory, obscene, harassing, fraudulent, misleading, offensive, or infringing upon the rights of others;
- Transmit any virus, malware, trojan horse, or other disruptive or harmful software or data;
- Send unsolicited or unauthorized advertising, including spam or other forms of solicitation;
- Impersonate any person or entity, misrepresent an affiliation with X.TAX, or otherwise engage in fraudulent activities;
- Reproduce, modify, resell, sublicense, or provide unauthorized access to the Platform, including making it available through file-sharing, virtual desktops, or application hosting services;
- Attempt to reverse engineer, decompile, or disassemble any part of the Platform;
- Engage in unauthorized access, monitoring, interference with, or use of the Platform, third-party accounts, personal or confidential information, computer systems, or networks, including scraping or downloading content without authorization;
- Use the Platform for general archiving or backup purposes; or
- Encourage, facilitate, or enable any third party to engage in any of the aforementioned prohibited activities.
X.TAX reserves the right to suspend or terminate a user's access to the Platform if, in its sole discretion, it determines that the user's activities, business practices, or products are objectionable or violate any of the prohibited uses outlined in this Agreement or infringe the rights of any third party.
X.TAX may, but is not obligated to, monitor the use of the Platform and any content shared or generated by users. X.TAX may edit or remove any content that it deems inappropriate or in violation of these Terms and may disclose user information as necessary to comply with legal obligations, protect its rights and interests, or ensure the proper operation of the Platform.
5. Fees and Payment
Our service is charged on a per-form basis. The applicable fee for each form is displayed on our website and must be paid before submission. Fees are non-refundable once a form has been processed and filed. Payments must be made through the approved payment methods listed on our website. We reserve the right to modify our fees at any time, and any changes will be posted on our website.
6. Data Privacy and Security
We collect and process personal and business information in accordance with our Privacy Policy. We implement security measures to protect your data, but we do not guarantee absolute security. By using our services, you consent to the collection, use, and sharing of your data as outlined in our Privacy Policy.
7. Confidentiality
You agree that you will not disclose our Confidential Information to any person or entity, other than as necessary to use the services and information provided on the Website. You will not use or permit the use of any Confidential Information except as necessary in connection with the services and information. You shall use at least the same degree of care in safeguarding the Confidential Information as you use in safeguarding your own confidential information, but in no event shall you use less than due diligence and care.
"Confidential Information" means all information or material which: (i) is obtained from password protected portions of the Website or (ii) (A) is marked "Confidential," "Restricted," or other similar marking, (B) is known by the parties to be considered confidential, or (C) is or should be known or understood to be confidential or proprietary by an individual exercising reasonable judgment.
8. Refund Policy
All fees paid for our services are non-refundable once the tax return has been processed and filed. If a technical issue on our platform prevents the completion of your filing, you may be eligible for a refund, subject to our review.
9. Intellectual Property Indemnification
You agree to indemnify, defend, and hold us harmless from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from any third-party claim that your use of our services infringes or misappropriates any intellectual property rights of a third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defences.
10. Disclaimers and Warranties
X.TAX PROVIDES THE PLATFORM, INCLUDING ALL TOOLS, FEATURES, AND SERVICES, ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, X.TAX DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE ALSO DO NOT PROVIDE ANY WARRANTIES WITH RESPECT TO DATA LOSS OR TO THE ACCURACY, RELIABILITY, OR AVAILABILITY OF THE PLATFORM, NOR OF ANY CONTENT (INCLUDING ANY CONTENT) OR INFORMATION MADE AVAILABLE IN THE PLATFORM. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO SIXTY (60) DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE PLATFORM, WHICHEVER IS SOONER.
The accuracy and completeness of tax filings depend solely on the information provided by the user. X.TAX makes no representations or warranties regarding the accuracy, completeness, or timeliness of any tax return, filing, or document prepared using the platform. X.TAX shall not be liable for any penalties, interest, or legal consequences resulting from incorrect, incomplete, or untimely tax filings.
X.TAX platform may integrate with or provide access to third-party services and X.TAX does not control or guarantee the availability, accuracy, reliability, or performance of these third-party services. Users acknowledge that any failure, delay, or error in third-party services is beyond the X.TAX's control, and X.TAX shall not be liable for any disruptions, errors, or financial consequences arising from the use of such services.
11. Limitation of Liability
X.TAX shall not be responsible or liable to You for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from Your use or inability to use the Services or for the unavailability of the Services, for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms or your use of the Services, even if such damages are foreseeable, and whether or not you or the Company has been advised of the possibility of such damages.
X.TAX shall not be held responsible for, any damages, harm, or losses to You arising from or relating to hacking, tampering, or other unauthorized access or use of the Services, your Account, or Data, or Your failure to use or implement anti-fraud measures, Security Controls, or any other data security measure. X.TAX shall not be held liable for any damages to You or others caused by (a) your access or use of the Services inconsistent with the Documentation; (b) interruptions to or cessation of the Services; (c) any bugs, viruses, or other harmful code that may be transmitted by You to or through the Services; (d) any errors, inaccuracies, omissions, or losses in or to any Data provided to us; (e) third-party content provided by You; or (f) the defamatory, offensive, or illegal conduct.
You agree to limit any additional liability not disclaimed or denied by X.TAX under these Terms to your direct and documented damages; and You further agree that under no circumstances will any such liability exceed in the aggregate the amount of Fees paid by You to X.TAX during the twelve month period immediately preceding the event that gave rise to Your claim for damages. These Terms sets forth your exclusive remedy with respect to the Platform and its use.
12. Intellectual Property
10.1 Ownership
All content, software, and materials on our website are our intellectual property. You may not copy, distribute, or modify any part of our website or services without our prior written consent. X.TAX retains full ownership, title, and interest in the Services and Company Content, including all associated intellectual property rights and any derivatives. Each party maintains ownership, title, and interest in its respective products and services, including any intellectual property rights and derivatives thereof (each referred to as its "Property"). Any use of a party's Property benefits the owning party.
10.2 Restrictions
Neither party shall attempt to register, claim, or obtain intellectual property rights or protections over the other party's Property. Any rights not explicitly granted under these Terms remain reserved. Additionally, neither party shall assert intellectual property rights over the other party's content, materials, technology, or any adaptation, variation, or related name. Any unauthorized copying, reverse engineering, redistribution, reproduction, publication or modification of Platform content by any person without our prior written authorization is strictly prohibited, may be a violation of federal or common law, trademark, patent and copyright laws and may subject such a violator to legal action. The use of content from the Platform on any other website or networked computer environment is similarly prohibited.
10.3 Feedback
"Feedback" refers to any suggestions or ideas aimed at improving or modifying the X.TAX's products or services. X.TAX is free to use, disclose, publish, profit from, or otherwise utilize such Feedback without restrictions. X.TAX is not obligated to provide compensation or credit to the Customer or the individual offering the Feedback.
13. Termination
We reserve the right to terminate or suspend your access to our services if you violate these Terms. Termination does not relieve you of any obligations or liabilities incurred before termination.
14. Governing Law and Dispute Resolution
These Terms are governed by the substantive and procedural laws of Arkansas. You and X.TAX agree with and covenant to one another to submit to the exclusive jurisdiction of, and venue in, the courts in Fayetteville, Washington County, Arkansas in any dispute arising out of or relating to the Quote or these Terms.
15. Changes to Terms
We may update these Terms from time to time. Any changes will be posted on our website, and continued use of our services constitutes acceptance of the revised Terms.
16. Miscellaneous
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. These Terms constitute the entire agreement between you and us regarding the use of our services and supersede any prior agreements or understandings. Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or any other provision. You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
17. Contact Information
For questions regarding these Terms, please contact us at info@x.tax.