1. Definitions
“You” refers to all subjects that use FinTax Software, including individuals, teams, companies, and organizations. These subjects may also be referred to as users.
“Service” refers to FinTax Software displayed on FinTax network websites, including https://www.thetaxdao.com, https://www.fintax.tech, and any other websites operated by FinTax; client applications directly operated by FinTax or co-operated with third parties; servers and network storage space directly owned or operated by FinTax; value-added services provided to you by FinTax; and other technologies or services provided by FinTax, subject to the actual services provided.
“FinTax Software” refers to the software products provided by FinTax through its website or through client applications directly operated by FinTax or co-operated with third parties.
2. Service Fees
FinTax will publish information from time to time regarding pricing and billing methods of the FinTax Software on FinTax’s website. Service fees are calculated based on the billing method and rules then effective as published from time to time.
FinTax adopts a pay-as-you-go billing method. If payment is not made immediately after placing an order, the order will be retained for 20 minutes. If payment is still not made after 20 minutes, the order will become invalid and the agreement between FinTax and you on the service will be void.
You understand and agree that FinTax may adjust the FinTax Software, including the service system, service name, pricing system, or billing method, in order to improve functionality and user experience. FinTax shall use commercially reasonable endeavors to inform you in advance through website announcements, internal messages, text messages, or other means.
FinTax may offer promotional discounts based on business promotion needs. Promotional discounts and complimentary service items are one-time special offers and cannot be converted to offset the service price.
3. Rights and Obligations
You agree to abide by these Terms of Service and relevant specifications and procedures set forth on the official website. These agreements and specifications may be modified from time to time.
If these Terms of Service are modified, FinTax shall notify you by posting an announcement on an appropriate page of FinTax’s website 30 days in advance. If you do not agree to a modification, you may stop using the Service, export relevant business data, and settle service fees with FinTax. Continued use of the Service indicates acceptance of the modification.
You shall pay corresponding service fees in accordance with published pricing and these Terms of Service. After payment, you are entitled to require FinTax to provide the Service in accordance with this Agreement and the service descriptions, technical specifications, and other relevant content displayed on FinTax’s website.
You are responsible for the accuracy, completeness, and confidentiality of all information and data stored on the cloud platform provided by FinTax, as well as security tokens and passwords used to access and manage products and services. You must not share passwords, login details, or other security arrangements with any other person.
You are responsible for backing up your data. FinTax may provide backup features or tools, but you are solely responsible for completing relevant backup operations.
You are responsible for the sources and content of your business data and must ensure the legality of such sources and content. You are also responsible for establishing a legal basis for processing data of customers, employees, or third parties under applicable law, including privacy notices and required consents.
You shall comply with service descriptions, technical specifications, processes, operating documents, and other operational guidelines displayed on FinTax’s website. You are responsible for consequences resulting from violation of operational guidelines.
If FinTax discovers that you have breached these Terms, FinTax may take appropriate measures, including deletion of corresponding information, suspension, or termination of the Service. You must indemnify FinTax and its officers, employees, affiliates, or partners for losses or liabilities arising from your violation.
The Service is provided “as is” and “as available.” FinTax cannot guarantee uninterrupted or flawless operation and does not warrant that hyperlinks, functions, servers, or security products will be uninterrupted, error-free, corrected, or free from viruses or bugs.
FinTax shall provide the Service in accordance with these Terms of Service and the service standards displayed on the product page. During the term of service, FinTax shall provide a designated email address for after-sales inquiries or troubleshooting service and shall strictly abide by confidentiality obligations.
4. Preservation, Exposure, and Deletion of User Data
FinTax understands and acknowledges that data you transform, store, upload, download, distribute, and otherwise process by using FinTax services is your business data, and you have full ownership of your business data.
Except for implementing your service requirements, FinTax shall not use or disclose your business data without authorization, unless competent national authorities require or access such business data under laws, regulations, or policy documents, or you have reached a separate agreement with FinTax regarding business data.
You can delete, change, and otherwise manage your business data on your own. If you cease using the Services or delete data on your own, FinTax will delete your online data and no longer retain the data. You shall be cautious in deleting, changing, or otherwise managing the data.
When this Agreement expires, the Service is terminated for any reason, or you are in arrears, FinTax will continue to store business data only for the specified grace period applicable to the relevant products or services. After this period, FinTax will delete all business data unless prohibited by law, authority requirements, or a separate agreement.
Once business data is deleted, it cannot be recovered. You assume the consequences and responsibilities resulting from deletion and agree that FinTax has no obligation to continue to retain, export, or return business data following termination or deletion.
5. Intellectual Property Rights
Intellectual property rights in any information, technology, technical support, software, and services provided by either party to the other are owned by the providing party or its legal rights owner. Unless otherwise expressly agreed, the other party is not entitled to copy, disseminate, transfer, license, or allow others to use such intellectual property rights.
You shall ensure that materials submitted to FinTax, the use of FinTax services, and results arising from the use of FinTax services do not infringe the legitimate rights and interests of any third party. FinTax shall ensure that the Service provided for you does not infringe the legitimate rights and interests of any third party.
If a third party challenges or files a complaint concerning ownership of intellectual property rights related to materials involved in your use of FinTax services or in FinTax services that you use, both you and FinTax are responsible for issuing relevant certificates and cooperating in handling complaints.
6. Confidentiality
Confidential information includes trade secrets, financial secrets, technical secrets, business know-how, product information, product plans, prices, financial and marketing plans, business strategies, customer information, customer data, R&D, software, hardware, APIs, technical descriptions, designs, formulas, algorithms, and other information or materials that shall be kept confidential.
Both parties shall take appropriate measures to properly preserve confidential information provided by the other party, with measures no less prudent than those used to protect their own confidential information. Confidential information may only be used for intended uses or purposes under this Agreement.
Both parties shall only disclose confidential information to principals or employees involved in this business and shall strictly manage staff with access to confidential information to ensure compliance with confidentiality obligations.
Confidentiality restrictions do not apply where information is already legally owned by the receiving party, obtained from a third party without breach of confidentiality, available in the public domain without violation of confidentiality obligations, independently developed without benefit from the disclosing party, or disclosed as required by courts, legal, administrative, certification, or regulatory procedures.
Both parties shall use best efforts to protect confidential information from disclosure. If disclosure occurs, both parties shall cooperate and take proper measures to avoid or mitigate damage.
7. Termination and Change of the Service
The service term of FinTax Software starts from the earlier of the date on which you create your FinTax account to activate the Service or otherwise use the Service.
FinTax may stop providing the FinTax Software if termination is agreed upon by the parties, if FinTax announces or notifies termination due to changes in business policies, if you seriously violate these Terms of Service or applicable laws, or if service changes are required due to technical upgrades, service system upgrades, business strategy adjustment, or regulatory policy changes.
Before terminating or changing services, FinTax will use one or more methods to notify you in advance, including website announcements, internal messages, emails, and text messages. If you do not agree to termination or modification, you may stop using the Service. Continued use indicates acceptance.
8. Liability for Breach of Contract
If you violate commitments, warranties, service use rules, or obligations specified in these Terms, or if FinTax reasonably believes your use is abnormal, FinTax may restrict or suspend use of the Service, terminate the Service and this Agreement, hold you liable according to law, or take other measures FinTax deems reasonably appropriate.
You shall be liable for any loss arising from suspension, termination, or other measures taken by FinTax in accordance with these Terms. If your violation causes loss to FinTax, other users, or third parties, or causes claims or penalties, you must indemnify and compensate actual losses, including reasonable legal fees.
FinTax shall not be deemed to breach this Agreement where suspension is necessary for short-term system and server configuration, maintenance, or upgrading, or where website access slows due to Internet congestion.
You may terminate the Service if the Service is unavailable for 72 consecutive hours for reasons attributable to FinTax, except where unavailability is beyond FinTax’s control.
FinTax shall not be responsible for indirect, consequential, punitive, contingent, or special damages, including loss of profits, arising from your use of the Service, even if FinTax has been notified of the possibility of such loss.
To the extent permitted by law, FinTax’s liability for breach of a term or condition implied by law is limited at FinTax’s discretion to replacing, repairing, or supplying goods equivalent to the goods, paying the cost of replacement or repair, resupplying services, or paying the cost of resupplying services.
9. Privacy
You agree that FinTax may collect and use personal information about you and information that assists in identifying the device upon which you use the Service, such as device IP address, operating system, and email addresses, when you engage in transactions and interactions regarding the Service.
The purpose of this collection is to enable FinTax to supply services to you and provide information regarding updates to the Service. FinTax will not provide personal information about you to any third party except as expressly or impliedly permitted under these Terms or as otherwise permitted or required by law.
10. Notice
When using FinTax services, you shall provide true and valid contact information, including email address, telephone number, and contact address. If your contact information changes, you must update it in a timely manner and ensure you can be contacted.
FinTax may send notices through one or multiple contact methods. Written notices sent electronically, including announcements, text messages, emails, and system or internal messages, are deemed delivered upon successful sending. Written notices sent through paper carrier are deemed delivered on the fifth calendar day after posting.
You shall ensure that contact information is accurate and valid. Legal consequences arising from failure or delay in receiving legal documents due to inaccurate contact information or failure to update contact information shall be borne by you.
11. Force Majeure
If a force majeure event or other unexpected event renders performance of these Terms impossible, unnecessary, or meaningless, the affected party shall not be held liable.
Force majeure or unexpected events include objective events that are unpredictable, insurmountable, and unavoidable and have significant impact on one or both parties, including natural disasters, war, turmoil, governmental acts, interruption of communication trunk lines, hacker attacks, network congestion, technological adjustments by telecom departments, and government regulations.
12. Governing Law and Dispute Resolution
These Terms of Service shall be governed by the laws of Hong Kong.
Any dispute arising from or in connection with this Contract shall be submitted to Hong Kong International Arbitration Centre (HKIAC) for arbitration conducted in accordance with HKIAC arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.
13. Supplementary Provisions
Annexes to this Agreement, service descriptions, price descriptions posted by FinTax, and order pages that you confirm constitute an integral part of this Agreement. In case of inconsistency, documents apply in this order: service descriptions, price descriptions, and order pages; special terms and annexes; then general terms and conditions of this Agreement.
You agree that FinTax Software provided under this Agreement shall only be used as a software tool for users to calculate taxes. FinTax and FinTax Software itself do not provide tax, accounting, investment, or other professional advisory services. Users should not consider services provided by FinTax as the final result or basis for tax calculation or declaration.
If discrepancies exist between service results provided by FinTax and the user’s final tax calculation or declaration results, FinTax shall not be liable for such discrepancies.
In connection with the Services, you will comply with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations, including U.S. or EU restrictions that prohibit or restrict export, re-export, or transfer of products, technology, services, or data to sanctioned territories, restricted persons, or other relevant end-users.
In case of changes to this Agreement, FinTax shall notify you by announcement at an appropriate location on the FinTax website 30 days in advance. By continuing to use FinTax services, you are deemed to have accepted the relevant changes.
FinTax may transfer all or part of its rights and obligations under these Terms of Service to its affiliates by posting an announcement on Fintax.tech or thetaxdao.com, or by sending an internal message or written notice.
No waiver by FinTax of the right to hold you liable for negligence or breach of contract shall be construed as a waiver of the right to hold you liable for any other or similar negligence or breach.
If any term of this Agreement is held to be annulled, invalid, or unenforceable, such term shall be deemed severable and shall not affect the validity and enforceability of the remaining terms.
Terms concerning warranties, confidentiality, intellectual property rights, governing law, and dispute resolution survive termination of this Agreement.