Terms and Conditions of Service

Thank you for choosing the Services offered by CloudTax Inc. This platform is developed for you to file your tax return with ease, independently or through qualified professional’s help. Where needed, CloudTax offers various options for you, depending on the nature of your income sources and tax liabilities. You can choose from FREE Self-Services mode to professionally reviewed or prepared option for filing your return. We will not charge you anything if you want to prepare and file your return on your own; IT’S ABSOLUTELY FREE. However, if you find it difficult to prepare or are not sure about the accuracy of the prepared return and want it prepared or reviewed by a professional, you may choose one of our packages that suits you. General Provisions Use of cloudtax.ca by you will be governed by these terms and conditions. CloudTax Free (www.cloudtax.ca) and CloudTax Pro (www.cloudtax.ca/pro) (collectively, the “Services”) has been built by and are operated by CloudTax Inc. (referred to herein as “us”, “we”, and “our”). By using the CloudTax Platform and/or by clicking “I agree to the terms of Services”, you agree to comply with and be legally bound by the Terms, regardless of whether you sign up for an account. You are granted the right to use the Services only for the purpose of personal tax returns for you and/or your family. CloudTax reserves all other rights in the Services and grants to you a personal, limited, nonexclusive, non-transferable right and license/permission to use the Services. For using cloudtax.ca you agree not to use, nor permit any third party to use, the Services in a manner that violates any applicable law, regulation or these terms and conditions. Where you choose to use the Services of our professionals for preparing or reviewing your Tax return through any or our packages, It is your responsibility to provide Complete and Accurate Information. Any error or omission in tax return that is a result of incomplete or incorrect information shall be at your own risk and CloudTax shall not be liable for any such error or omission. For greater clarity, where CloudTax prepares and submits your tax returns based on the information and authorization provided by you, you will be liable for any error or omission in the information you provided. You also agree that you will hold CloudTax indemnified against any claim that may arise against it due to such error or omission. For the sake of clarity “Complete and Accurate Information” means properly entering all necessary personal, tax, and financial information into the platform. This includes, but is not limited to, properly inputting and reviewing income, expenses, deductions, prior-year deductions, prior-year carry-forwards, claims for various tax credits, and any necessary tax information (e.g., net income amounts) from your dependents. In case you choose to avail Services of professionals for reviewing your tax return, based on the information input and documents attached, you will be guided to make appropriate amendments in the return. Where we prepare your application, we shall ensure that the forms are accurately completed based on the information obtained from you. CloudTax will only be responsible for opinion/advice given based on information provided and documents attached. Reviewing a tax return includes acknowledging that all information reported on the tax return is correct and that no data is erroneous or missing. For greater certainty, reviewing a tax return includes acknowledging that a tax return is free from typing errors. As a result of the frequent changes in tax laws and regulations, and its application being largely dependent on the specific facts and circumstances, interpretation rules, and taxing policies involved, you agree that you are solely responsible for the contents of the tax returns prepared in your account in case of free of cost package. In case you choose any of our packages for preparing or reviewing your tax return, CloudTax will only be responsible for opinion/advice provided based on the information and/or documents shared. You agree that you are solely responsible for filing your tax return with the Canada Revenue Agency and for ensuring your tax return is accepted by the Canada Revenue Agency. You understand and agree that we will not automatically file your tax return for you except where you have expressly given us instructions and authorization to do so. You agree that we are not liable for any damages, including interest or penalties, arising from your failure to file your tax return. We cannot guarantee that your tax return will be accepted as filed, by the Canada Revenue Agency. You agree that the Services’ documentation makes it clear that the Canada Revenue Agency may require additional information, and you understand that you must keep this information on hand for time required by law. As explained in greater detail in our Privacy Policy, which is incorporated herein, you understand and agree that some of your information (i.e. your social insurance number, date of birth and mailing address) will be encrypted and we cannot un-encrypt this data without your password. You agree that it is your sole responsibility to remember the login information for your account. You agree that in no circumstance is CloudTax Inc., or our principals or employees liable for any damages arising from your failure to remember the login information for your account, notwithstanding any other Terms herein. You understand and agree that we do not provide tax advice (in case of preparing and filing by you) or advise you based on the information/documents shared with us. Our advice, if any, would solely be based on the complete and accurate information/documents for which you need to be sure and be responsible. Any instructions, documentation, help content, blog posts, social media posts, support emails from our principals, employees, or contractors, social media replies from our principals, employees, or contractors, links to third-party websites (including the Revenue Agencies’ websites), content contained in any such third-party websites linked to by us, and other similar content in and relating to the Services (collectively, the “Help Content”) are provided for your convenience only. You agree that under no circumstance is the Help Content to be construed as us providing tax advice to you. For any amount payable against a packaged you can pay by credit card, Stripe or via email transfer. If you pay by credit card, we will ask you to provide your credit card information and our payments provider will charge your credit card the amount you are obligated to pay. If you pay by Stripe, we will direct you to the relevant payment system and you will be subject to that system’s terms and conditions. Should you wish to dispute a payment, you may contact us at CloudTax Inc., Suite 2201, 250 Yonge Street Toronto, Ontario M5B 2L7, Canada or at 647-243-7666. We will, not retain your credit or debit card details, however, our payments provider may keep this information for a reasonable amount of time. If you provide complete and accurate Information, we warrant to properly calculate your tax payable or refund. We disclaim any responsibility for your failure to enter complete and accurate Information, and for any choices you make regarding the treatment and processing of your tax situation. To the maximum extent permitted by applicable law, we disclaim all other warranties, express or implied, regarding the Services, including its fitness for a particular purpose, its quality or its merchantability.  For greater certainty, we do not warrant that the Services is free from bugs, interruptions, errors, or other program limitations, nor that the CloudTax.ca site, or the servers that makes it available, are free of viruses or other harmful components. Your security and privacy are our utmost concern. Privacy Policy and Security Your privacy and security is a top priority to us. All information provided to us through the CloudTax Portal is subject to our Privacy Policy, which is available at cloudtax.ca/privacy. Our Privacy Policy is incorporated into these Terms by reference and by agreeing to these Terms you hereby agree and consent to our Privacy Policy. The responsibility for the security and protection of your data and personal information that is in our possession is ours, therefore we shall maintain commercially reasonable administrative, physical and technical processes to ensure protection of your personal information and data. Even though we cannot guarantee that unauthorized third parties will never be able to counter these measures, we will do all that we can to ensure reasonable protection. You however understand and agree that you use the Services at your own risk. Limitation of Use and Liability You agree that you will not (I) Provide access to or give any part of the Services to any third party, (ii) Reproduce, modify, copy, sell, trade, lease, rent or resell the Services, (iii) Decompile, disassemble, or reverse engineer the Services and (iv) Make the Services available on any file-sharing or application hosting Services. You agree that you will not use the Services to prepare tax returns (or to assist you in preparing tax returns) on a Professional Basis. Preparing a tax return on a “Professional Basis” includes, but is not limited to, receiving any consideration, monetary or otherwise, for your work. You agree that in no event shall we have any liability for damages or claims arising from your use of the Services on a Professional Basis, notwithstanding any other Terms herein and any such use shall be at your sole risk and liability. You agree that it is your sole responsibility to provide Complete and Accurate Information, while preparing your return and filing it. You agree to review your tax returns for typos and for obvious errors prior to filing your tax returns with the Canada Revenue Agency. You also agree that you are responsible for ensuring that any member of your family for whom you prepare a tax return reviews his or her tax return for typos and for obvious errors prior to anyone filing that tax return. You understand and agree that the entire liability of CloudTax Inc. and our principals, employees or any other person, corporation or organization that has helped us shall be at all times limited to the amount, if any, that you paid to use the Services. You agree that we are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits or investment, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if we have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose. Intellectual Property Rights Your right to use the Services is protected by trade secret, copyright and other intellectual property laws, and we retain all rights, interest and title, including all intellectual property rights, to and in the Services. You acknowledge that the Services and all related documents are protected by Canadian copyright laws and international treaty provisions. You agree that you will not copy, reproduce, modify, deconstruct, sell, trade or resell the Services. You understand that certain parts of the Services may have been developed or designed by third parties, who shall be authorized to hold you responsible for any violation of Terms or copyright infringement. Right to Terminate In the event that you breach any provision of these Terms, your access may be barred, and you may have your account cancelled or suspended. In the sole discretion of CloudTax Inc, it shall be determined whether there has been a violation of these Terms. Your account may also be cancelled or suspended whether there is suspected unauthorized hacking or access. CloudTax reserves the right to cancel or suspend your account without notice to you at any time for any reason, including when you are in default of obligations with respect to the Services. Amendments CloudTax reserves the right to discontinue at any time and from time to time, temporarily or permanently, the Services with or without notice. We reserve the right to change the Services, including the CloudTax Free or CloudTax Pro, in our sole discretion and from time to time. Notice will be provided to you of any material changes to the Services. Where the changes are not agreeable to you after receiving the notice of change to the Services, you may stop using the Services. Using the Services after you are notified of any change(s) will constitute your agreement to such change(s). You agree that we shall not be liable to you or any third party for any suspension, modification or discontinuance of the Services. These Terms may be modified by us from time to time.  Any and all changes to these Terms may be provided to you by electronic means (i.e. by posting the information on the Site or via email). Also, these Terms will always indicate the date it was last updated. You are considered to have accepted and agreed to be bound by the changes to the Agreement when you use the Services after the changes have been posted. Jurisdiction and Governing Law These Terms shall be construed in accordance with and governed by the laws of the province of Ontario, without giving effect to its conflict of law provisions. It is agreed that you will bring any claim or cause of action arising out of these Terms, your use of the Services in the courts located within Toronto, Ontario, and you also agree to be bound by the personal and non-exclusive jurisdiction of those courts. Where any provision contained in these Terms is determined unenforceable, then such provision will be void and severed to the extent of its unenforceability; and it shall be replaced with a new provision that most closely reflects the intent of the original provision, and the remaining provisions of these Terms will remain in full effect. No waiver of any provision of these Terms shall be effective unless there is a written instrument by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. You agree that no agency, partnership, joint venture or employment relationship exists between you and us as a result of these Terms and/or your use of the Services. You may not assign any interest, right or benefit given under these Terms or the Services without our express prior written consent. These Terms and conditions set forth the entire agreement between you and us, and supersede any and all prior communications, proposals and agreements, whether electronic, written or oral, between you and us with respect to the Services.

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