Optimize Tax LLC Terms of Service

Last Updated:December 15, 2022

Scope of agreement

This Terms of Use Agreement (“Agreement”) by and between Optimize Tax LLC (“optimizetax.io,” “we,” or “us”), and you (“you” or “your”) governs your use of the www.optimizetax.io web site (“Site”) together with any applicable order form, master service agreement, or service document, all information, content, products, materials and services made available to you through the same by us and/or third parties through various platforms including platforms owned and operated by third parties (which together with the Site shall be collectively referred to as the “Services”). We offer services related to Tax Preparation and Tax Planning for Individuals and bookkeeping, Payroll, business tax preparation for Start Ups and Small business (the “Services”).

Certain services may be subject to additional terms and conditions specified by us from time to time, and your use of such services is subject to those additional terms and conditions, which are hereby incorporated into these Terms by reference

Your permission to use the Website is conditioned upon your agreement that you: will comply with these Terms of Use.

are 18 years of age or older.
will not use the Website in a manner that violates the laws of the United States, including, but not limited to, its export and re-export laws.
will not copy or distribute any part of the Website in any manner without our prior written consent.
will provide accurate information when creating an account, submitting content or registering for our Website.
will not allow others to use the Website under your User ID;
are solely responsible for your User ID and the activity that occurs through your User ID;
will not use the Website for any commercial purposes other than the specific commercial activities contained on the Website and will not use it to obtain data or personal information about any other users or to solicit other users or advertisers;
are solely responsible for any content provided by you on the Website, including but not limited to any discussion posts, profile information, links, videos and pictures including the ownership of any licenses or rights necessary to use the work of others and will not submit any copyrighted materials or work subject to other’s proprietary rights;
grant the Website and other users a non-exclusive license to read your materials and to use, reproduce, distribute, prepare derivative works of and/or display any materials provided by you; and
agree we have the right to remove any and/or all of your content and terminate your account with or without prior notice.

YOUR USE OF THE SERVICES

You are responsible for your use of the Services. By using the Services, you represent and warrant that you are authorized on behalf of your organization to form a binding contract with optimizetax.io and that you meet all applicable eligibility requirements. If you do not, you must not access or use the Services.

Changes to Terms or Services

We may add, delete or modify any of our Services at any time in our sole discretion. We may similarly change this Agreement at any time, and we will notify you of any changes by posting the changes on the Site. Changes will take effect once we notify you (“effective date”). You can always obtain a current copy of this Agreement at any time on our Site. If any change is not acceptable to you, you must stop using the Services. Your use of the Services after the effective date shall constitute your acceptance of such changes. If any new products or services become available, they will be considered a part of the Services and your use of them will be governed by the terms and conditions of this Agreement unless we notify you that different terms and conditions apply. You must also comply with any additional terms which apply to third-party content, material, information, software or other services.

Privacy Policy.

We understand the Privacy and take it very seriously. You understand and agree that by using the products and Services you agree to the collection, use and disclosure of your personal information and other related information as set forth in our Privacy Policy, and to have your personal information collected, used, transferred to and processed inside and outside the United States.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Use of Our Service

1 Eligibility

By using or otherwise accessing the Service, or any component thereof, in any manner whatsoever, you agree to be bound by and comply with the terms and conditions of this Agreement. If you do not agree to this Agreement, do not access or use the Service in any manner.

When we refer to the “use” of the Services in this Agreement, we mean any actual or attempted access or use of the Services, including, without limitation, any transmission, exchange of information or communication associated with the Services.

optimizetax.io is willing to render the Services to Individual and Business Clients (the “Customer”) on the condition that you accept all the terms contained in these Terms. At the time of registration you are prompted to explicitly click on the checkbox marked “I Accept” on the registration page or at the time of checking out the service , you agree to be bound by the TERMS and to the collection and use of your information as set forth in our Privacy Policy. In the situation you are agreeing to these Terms on behalf of a business or company, you represent that you have the authority to accept these TERMS on behalf of the company and to bind the company to these T&C. In that case, “you” and “your” will mean the company. Read carefully and understand these TERMS of use before accessing this website. If you do not agree to these terms, then you may not use this website or the services.

2 Our Services

optimizetax.io offers services related to Tax Preparation and Tax Planning for Individuals and offers bookkeeping, Payroll, business tax preparation for Start Ups and Small business.

2.1 Bookkeeping Services

The bookkeeping services (that includes any communications you may have with optimizetax.io personnel in connection with those services) are not a substitute for and do not include any kind of legal, tax, financial, real estate, healthcare or accounting advice. The bookkeeping services do not include, and you will not purport to rely on them for: (i) audit, examination, verification, investigation, certification, presentation, or review, of financial transactions or accounting records; (ii) advice relating to accounting procedure and to the recording, presentation, or certification of financial information or data; (iii) preparation or certification of reports on audits or examinations of books or records of account, balance sheets, and other financial, accounting and related schedules, exhibits, statements, or reports that are to be used for publication, for the purpose of obtaining credit, for filing with a court of law or with any governmental agency, or for any other purpose; (iv) legal advice regarding any of your business practices, including with respect to their appropriateness or legality; or (v) tax advice or tax return preparation (although we will provide bookkeeping assistance to your tax preparer of choice). You should seek the services of a duly licensed professional in connection with any of the foregoing. optimizetax.io is not a public accounting firm. In particular, only a certified public accountant can attest (e.g. as part of an audit) as to whether the results of the optimizetax.io bookkeeping services are compliant with GAAP, IFRS or any other accounting standards or rules, and optimizetax.io makes no representation or warranty with respect thereto

2.2 Tax Services

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 optimizetax.io, and to obtain written tax advice if applicable and does not include consultation on any other taxation issues, including local or sales taxation, unless expressly stated in writing.

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. optimizetax.io reserves all rights not expressly granted herein in the Services and the optimizetax.io Content (as defined below).

3 Who May Use the Services?

Who can access the Service: The website is freely available to anyone without having to provide any information to review the product and service offered? Any use or access to the Services by anyone under 13 is strictly prohibited.
Who can Purchase the Products and Services? You must be permitted to file federal or state taxes or International Taxes to use our Services. Also if you are a small business and require optimizetax.io to manage your books. You may use the Services only if you are eligible to form a binding contract with optimizetax.io. You agree to use the Services in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
How to access the Products and Services. If you want to use the services on the website, you’ll have to register by providing the Full Name, Email address in order to create an service account (“Account”). The account can also be created using the third party services such as google and Facebook at which point we’ll create your Account by extracting from your Gmail/Facebook account certain personal information such as your name and email address and other personal information that your privacy settings on the Gmail/Facebook account permit us to access.
When creating your Account, you must provide accurate and complete information, including payment related information. You may be required to provide us with certain information in order to obtain access to and use of certain features and functions of the Services including, without limitation, your name or your company’s name, address, telephone number(s), and/or e-mail address, (collectively, your “Information”). You represent, warrant and covenant to us that any and all Information and any other information or data you provide to us, is and will be true, accurate and complete when given to us, that in providing such information to us you will not knowingly omit or misrepresent any material facts or information. You are solely responsible for the activity that occurs on your Account, and you must keep your account password secure. You must notify optimizetax.io 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. You further consent and authorize us to verify your Information as required for your use and access to the Services, as applicable
Authentication and Authorization. You will be prompted to register or use one of the third-party services for accessing the product and services. You shall not permit or allow other persons to have access to or use your username and password. optimizetax.io shall not be liable for any loss that you incur because of someone else using your account details either with or without your knowledge. 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.

4 Scope of Services

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).
We will prepare your returns based upon the information you provide us. It is your responsibility to provide all the information required to prepare your returns, as well as verifying that the information is accurate and complete. We will provide you with a questionnaire and/or checklists of information required for the returns, and you represent that the information you provide will be accurate and complete to the best of your knowledge. Your use of such forms will assist us in preparing accurate tax returns. We will not audit or otherwise verify the information provided, although we may ask for clarification if the information appears to be incorrect, inconsistent, or incomplete. Our work in connection with the preparation of your income tax returns does not include any procedures designed to discover errors or other irregularities, should any exist. We will inform you of any material errors, fraud or other illegal acts that come to our attention, unless clearly inconsequential. Our responsibility as a tax preparer is limited to the tax period you have engaged us and does not extend to any later periods of which we are not engaged as tax preparers. You have the final responsibility for the income tax returns and, therefore, you should review them carefully before signing.
The Services offered in the website clearly specifies the tax year and the scope of the tax preparation Services and our responsibilities do not include preparation of any other tax returns that may be due to any taxing authority.
You agree and abide to state and federal recordkeeping requirements, including those of the Internal Revenue Service (“IRS”), optimizetax.io has no responsibility in this regard.
If you have a financial interest in any foreign accounts, you must electronically file the FinCEN Form 114, Report of Foreign Bank and Financial Accounts (“FBAR”), as required by the U.S. Department of the Treasury. Such filing requirements apply to taxpayers that have a direct or indirect control over a foreign or domestic entity with foreign financial accounts, even if the taxpayer does not have foreign account(s). For example, a corporate-owned foreign account would require filings by the corporation and by the individual corporate officers with signature authority. If you fail to disclose the required information to the U.S. Department of the Treasury, the failure to disclose may result in substantial civil and/or criminal penalties. You are responsible for providing us with all the information necessary to prepare the FBAR. Failure to file can result in penalties ranging from $10,000 to the greater of $100,000 or 50% of the account balance
Subject to any Guarantee we provide in writing or applicable law, optimizetax.io takes no liability for any additional tax, penalties or other assessments. It is your responsibility to take care of understated tax, and any Penalty, interest or other related fee or cost imposed by any tax authority, and that we have no responsibility for such payments. 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 services, 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 Authorized Use of Your Account.
In the event you receive a letter from the IRS’s AUSC on an income tax return we prepared, we will assist you in resolving the issue with the IRS. This Service does not include providing legal advice or direct representation unless expressly provided in writing. You must notify us in writing by either uploading the audit notice you receive from the IRS or State Tax Authority to our collaborative tool or by sending us an email at support@optimizetax.io within fourteen (14) days of receiving the audit letter. Fees may apply to undisclosed tax liabilities. If you receive an IRS audit request, the initial four (4) hours we spend on the audit are at no cost to you; however after the initial four (4) hours you will be billed at our standard rate of $50 per hour. If your U.S. Individual Tax Return is selected for review by taxing authorities, any proposed adjustment maybe subject to rights of appeal.
We will make every attempt to provide you with our services. However, in unforeseen situation that may be personal or caused by natural disaster, we may however limit or discontinue our services. Also, if we determine the services are being used for commercial use to make profit, we will promptly discontinue the service to 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 would follow the policies set out in Section 10 (Account Fees) set forth below.
You should retain all the documents, canceled checks and other data that form the basis of income and deductions for seven years. These may be necessary to prove the accuracy and completeness of the returns to a taxing authority. You have the final responsibility for the income tax returns and, therefore, you should review them carefully before you sign them. It is our policy to retain engagement documentation for a period of seven years, after which time we will commence the process of destroying. We retain all tax related information as part of these Tax Services for seven years. If your return is filed electronically, it will be converted to and stored in optimizetax.io secured collaborative systems in a standardized format, and then transmitted to the applicable federal and/or state taxing authority.
Income tax returns we are to prepare in connection with this engagement may be joint returns between spouses, and because you will each sign those returns, you are each our client. You each acknowledge that there is no expectation of privacy from the other concerning our services in connection with this engagement, and we are at liberty to share with either of you, without the prior consent of the other, any and all documents and other information concerning preparation of your returns. We will require, however, that any request for documents or other information be communicated to us in written form. You also acknowledge that unless we are notified otherwise in advance and in writing, we may construe an instruction from either of you to be an instruction on your joint behalf. Absent a contrary written instruction in the future, from either or both of you, we will communicate with either or both of you at your home mailing address.

5 Electronic and Paper Filing.

By using a computer system and our software to prepare and transmit return(s) electronically, you consent to the disclosure of all information pertaining to your use of the system and software to the respective federal and state agencies, as applicable by law, and to the transmission of your tax return(s).

Certain states may require filing paper returns. In such cases, you will have to sign the tax returns by hand (provide a wet signature) and file the returns directly with your state’s tax authority. We will provide you with copies of your tax returns, a prepaid envelope, and instructions on where to file your paper returns.

6 Automatic Import Services.

We will leverage the third-party services to import your certain information from financial institutions, payroll processors, financial software or accounting services. You are responsible for verifying the accuracy of the information that is imported. You authorize us to obtain your information from any third-party services in this regard.

7 Payment of Applicable fees

Your use of the Services requires you to pay a fee to optimizetax.io, and your use Services is conditioned upon paying the applicable fee in advance. optimizetax.io will not store the credit card or debit card information in their system, however you will prompted to use the third party services , such payments will be governed by the third-party payment processors terms of use and privacy policy. You have option to pay monthly for books and tax services. However, all the tax services are payable at the time of submitting the order.

Subscriptions. If you purchase a Subscription, you will be charged the applicable Subscription fee (which may be on a monthly or annual basis, depending on the Subscription), plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each period thereafter (such period will depend on the Subscription), at the then-current Subscription Fee. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each applicable period at the beginning of the next applicable period of your Subscription during the term, using the Payment Information you have provided until you cancel your Subscription. By agreeing to this Agreement and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or optimizetax.io. Your Subscription continues until canceled by you or we terminate your access to or use of the Services or Subscription in accordance with this Agreement. Prices for the Services, including but not limited to monthly Subscription fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time.

Our pricing is very transparent and published for all to see. We have a simple monthly subscription where you pay for what you use based on your annual revenue. There are no hourly charges. Your tax return is included in the price after a full 12 months of paid services.
Your Tax return will be filed if your subscription plan is active at the time of filing tax return
Change in price will be based on monthly expenses incurred without payroll. If monthly expenses are beyond the current subscription level for 2 continuous months, then the price will be upgrade to reflect the applicable plan

Modifying Subscriptions. Upon upgrading or downgrading in plan level, you will be credited pro rata for the time remaining in the current billing cycle. However, you will not be refunded for any Services already rendered during the then-current subscription period. Downgrading your Subscription plan may cause the loss of features, or capacity of your Account. optimizetax.io does not accept any liability for such loss.

Cancelling Subscription. You can cancel a new subscription within 30 days from the initial transaction date and you receive a full refund. If something unexpected happens in the course of completing a 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. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellations will be effective at the end of the then-current Subscription period. To cancel, send an email to support@optimizetax.io. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then-current subscription period and will then terminate without further charges; however, you will not receive a refund for any unused Services.

8 Payment Terms.

All the applicable fees are collected in advance. You have options to enroll in monthly or annual payment plan for bookkeeping service. However, for the tax services, it must be paid in full. We use Stripe, Apple Pay, and Google Pay, as our third-party payment processors. you expressly authorize us (or our third-party payment processor) 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 (“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).

9 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 optimizetax.io servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that optimizetax.io grants the operators of public search engines revocable permission to use spiders to copy materials from www. optimizetax.io 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.

10 Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at support@optimizetax.io. We reserve the right to and may delete User Content from the Services within twenty-four (24) hours upon cancellation or termination of the Terms. This information cannot be recovered once your Account is canceled or terminated. Upon any termination, discontinuation or cancellation of the Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

11 Content and Content Rights

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, data files, log files, binary files, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content such as profile information, comments, questions, and other content or information, including information relating to submission of taxes submitted by a Customer of the Services (any such materials a Customer submits, posts, displays, or otherwise makes available on the Services “Customer Content”).

12 Content Ownership, Responsibility and Removal

optimizetax.io does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, optimizetax.io and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States, European Union and other countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

(a) Rights in User Content Granted by you. By making any User Content available through the Services you hereby grant to optimizetax.io a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense and to use your User Content in connection with operating and providing the Services and Content to you and to other Account holders.

(b) Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by optimizetax.io on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(c) Removal of User Content. You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as public posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

(d) Rights in Content Granted by optimizetax.io. Subject to your compliance with these Terms, optimizetax.io grants to you a limited, non-exclusive, non-transferable license, solely in connection with your permitted use of the Services.

optimizetax.io 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 optimizetax.io shall not be liable for any damages you allege to incur as a result of Customer Content.

13 Indemnity

You will indemnify and hold harmless optimizetax.io and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.

14 Links to Third Party Websites or Resources.

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, advertising, products or services on or available from those websites or resources or links displayed on such websites or for any privacy and other practices of the third parties operating those websites or resources. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

15 Limitation of Liability

(a) NEITHER optimizetax.io NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA 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 OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT optimizetax.io 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.

(b) IN NO EVENT WILL optimizetax.io’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO optimizetax.io FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED US DOLLARS (US $100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO optimizetax.io, AS APPLICABLE.

(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN optimizetax.io AND YOU.

16 Arbitration

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 optimizetax.io agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and optimizetax.io 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 15(a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; 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. 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 legal@optimizetax.io or by regular mail at our office address at Optimize Tax LLC 30N, GOULD ST STE R, SHERIDAN WY 82801 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 in King County, Washington. 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 optimizetax.io 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 3 “Changes to Terms or Services above, if optimizetax.io changes any of the terms of this Section 16 “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 legal@optimizetax.io) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of optimizetax.io’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 optimizetax.io in accordance with the terms of this Section 13 “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
With the exception of any of the provisions in Section 16.1 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.

16.1 Class action waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACHS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

16.2 Contact Information.

If you have any questions about these Terms or the Services, please contact us at support@optimizetax.io

Terms and conditions