By using this website, you agree to be bound by the Terms of Service, which you acknowledge you have read and understood. You also agree to comply with all applicable laws and regulations. If you do not agree to these terms, please refrain from using this website. The content on this website is protected by copyright and trademark law.
Terms
In these Terms of Service, "Site" refers to any website provided by SkinnyTax, and "Services" include the Site and all related offerings. Skinny Tax Corporation and its affiliates are collectively referred to as "SkinnyTax." "You" or "Customer" means any individual or entity using the Services. If you are using the Services on behalf of a company, you represent that you have the authority to bind that entity to these terms. SkinnyTax may update these Terms of Service, and we will notify you of any significant changes.
This is Not a Law Firm
SkinnyTax is a technology company that provides software and services. It's important to understand that SkinnyTax is not a law firm and cannot offer legal advice. While SkinnyTax strives to provide accurate and helpful information, its services are intended for self-education and should not be considered legal counsel. Using SkinnyTax’s services does not create a lawyer-client relationship. If you have legal questions or need legal advice, you should consult with a licensed attorney.
Scope
These Terms of Service govern your use of the Services provided by SkinnyTax including providing software, technology support, and billing services. SkinnyTax billing is done on a monthly subscription billed to Customer monthly from the date of sign up.
This is Not Tax Advice
SkinnyTax is not a tax advisor and does not provide tax advice. Any tax-related information from SkinnyTax is for educational purposes only and should not be treated as professional advice. While SkinnyTax does not offer tax services, this disclosure is provided to comply with IRS regulations under Circular 230. Any U.S. federal tax advice in SkinnyTax communications is not intended for use in avoiding penalties or promoting tax-related matters to others.
No Agency
Neither you nor SkinnyTax represents the other party or has the authority to make agreements on the other’s behalf without written permission.
Confidentiality
SkinnyTax may access confidential information about you while providing services. This information will be kept private and shared only with SkinnyTax employees who need it to provide the services. SkinnyTax will protect this confidential information with the same care it uses for its own similar information, or at least with reasonable care. However, SkinnyTax is not obligated to keep information confidential if it already knew it, it becomes public knowledge, it was obtained from a source other than you, or SkinnyTax is required to disclose it due to a legal order. SkinnyTax 's confidentiality obligations will last for three years after these terms end. If certain information is protected by legal privilege, SkinnyTax 's obligations will continue to apply for as long as the privilege exists.
Ownership and Intellectual Property Rights
SkinnyTax owns all the materials on its platform, including text, images, videos, and other content, except for the content that you create. This content is meant for personal use only and cannot be copied, shared, or used for any commercial purpose. You do not have ownership rights to this content. SkinnyTax and its logo are protected by trademark laws.
Payment
You agree to pay us according to our terms of sale. Some features of the Services may require a fee. If you choose to use these paid features, you agree to our terms of sale, pricing, payment, billing, and refund policies.
SkinnyTax will invoice Customer for Services provided under these Terms of Service, on a monthly basis or at SkinnyTax 's discretion. Customer shall pay at SkinnyTax within 15 days of the invoice date.
Change of Services
We reserve the right to modify or discontinue our Services and features. We may, without notice, alter the Services, cease offering certain Services or features, or impose usage limits. We may terminate or suspend your access to the Services at any time, with or without notice, if you violate these terms or for any other reason. Even if your access is terminated, you remain subject to these terms. Any data, account history, and content stored on our servers may be deleted, modified, moved, or transferred at our discretion, with or without notice and without liability. We do not guarantee the value of any data stored on our servers.
Risk and Consent
You understand that we process your data in the United States and that this carries inherent risks. We prioritize privacy and encourage you to review our Privacy Policy. By using our Services, you consent to the collection, use, transfer, and processing of your personal data in the United States. We employ reasonable security measures to protect your information, but we cannot guarantee absolute security. You acknowledge that you provide your data at your own risk.
Disclaimer of Warranty
We offer the Services on an "as is" and "as available" basis. We make no guarantees about the Services or their content. To the extent allowed by law, we disclaim all warranties, including implied warranties of merchantability, non-infringement, and fitness for a particular purpose. You use the Services at your own risk. This disclaimer is a crucial part of this agreement, and you acknowledge that we would not have entered into this agreement without your acceptance of it.
Limitation of Liability
We are not liable for any indirect, special, incidental, or consequential damages arising from your use or inability to use the Services. This includes, but is not limited to, damages for lost profits, goodwill, data, accuracy, or computer problems. Our liability is limited to the fees you paid in the six months before the claim arose. Some laws may not allow limitations on implied warranties or damages. If these laws apply to you, some of these disclaimers, exclusions, or limitations may not apply.
Indemnification
You agree to defend, indemnify, and hold us harmless from any claims, damages, costs, and expenses, including attorney's fees, arising from your violation of this agreement, your misuse of the Services, or your violation of any law or infringement of third-party rights. We may participate in defending such claims at our own expense. You cannot settle or negotiate any claim that would make us liable without our written consent.
Dispute Resolution
Dispute Resolution: We want to settle any disagreements amicably. If a problem arises between you and us concerning this Agreement, the Services, or any other SkinnyTax products or services (collectively, "Disputes"), we agree to try resolving it informally by contacting us at info@skinnytax.net. We'll reach out via email to find a solution. If we can't resolve the Dispute within 15 days, you or we can initiate a formal proceeding.
Binding Arbitration: You and SkinnyTax agree to settle Disputes through final and binding arbitration, with some exceptions (see below).
Opt-out: You have 30 days from accepting this Agreement to opt out of arbitration. To opt out, contact us here and mention your full name along with your decision to decline the arbitration agreement.
Arbitration Process: The American Arbitration Association (AAA) will conduct the arbitration according to its Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in your county of residence, work, Delaware, or any other mutually agreed-upon location.
Fees: The AAA rules will determine how arbitration fees are paid. We'll cover all arbitration fees for claims under $75,000. We won't seek reimbursement for our attorneys' fees and costs unless the arbitrator finds your claim frivolous.
Exceptions to Arbitration: Before resorting to arbitration or informal dispute resolution, you or we may:
Small Claims Court: File claims, if eligible, in small claims court within your county of residence or work in Delaware, seeking up to the jurisdictional limit for individuals.
Injunctive Relief: Pursue a lawsuit solely for injunctive relief (e.g., to stop unauthorized use of our products or services) or for intellectual property infringement.
No Class Actions: You can only resolve Disputes with us on an individual basis, not as part of a class action or consolidated lawsuit.
Legal Forum: If arbitration doesn't apply, any legal proceeding (except small claims actions) will be brought in Delaware state or federal courts. Both parties agree to venue and personal jurisdiction there and waive the right to a jury trial.
Claim Limitation: Regardless of any law, any claim arising from your use of our products or services must be filed within one year, or it will be barred forever.
Severability
If any part of this Agreement is found to be invalid or unenforceable, it will be considered separate from the rest and will not affect the validity of the remaining parts. Our failure to enforce any part of this Agreement does not mean we waive that part or any other rights. Waiving one part does not mean we waive other parts of this Agreement.
Entire Agreement
This Agreement is the complete agreement between the parties. It's binding on the successors and assigns of both Customer and SkinnyTax and can only be changed with a written agreement. Any exhibits or attachments are part of this Agreement.
