License Agreement

Revised September 17, 2023

The TaxOdds™ mobile application (“Application” or “App”) made available in the App Store and/or Google Play Store is licensed, not sold, to you by (“TaxOdds”, “we”, “our”, “us”). This License Agreement (“Agreement”) applies to the Application and all related sites, players, widgets, tools, applications, data, software, application programmatic interfaces (APIs), and other services (collectively the “Platform”).

You may not use the Platform until you have read and accepted this Agreement in the Application. If you do not accept this Agreement, you should terminate your use of the Platform immediately. By downloading the Application, you also agree to be bound by our Terms of Service and Privacy Policy, each as may be amended from time to time.

As used in this Agreement, the terms “you”, “your”, or “user” are synonymous, and refer to the person using the Platform in any way. A “registered user” is a user of Application who complies with the terms and conditions of this Agreement. Note that you must be a registered user to be eligible for the limited warranty described below.

1. SCOPE OF THESE TERMS OF SERVICE

Subject to our Terms of Use and your payment of any required fees (if applicable), TaxOdds grants you a limited, revocable, non-exclusive, non-transferable, non-sublicenseable license to use the Platform to the extent permitted by its intended functionality for your own individual, personal, non-commercial purposes and not for the sublicense to or use by third parties. You may only access and/or use the Platform through official published applications or intended methods that TaxOdds or our licensed partners make available to you. Any access or use of our Platform through an application, service, or method provided by a party other than TaxOdds or one of our licensed partners is strictly prohibited, outside the scope of the license granted herein, and may subject your account to termination and other legal action. Any other use not authorized herein, or by TaxOdds in writing, is strictly prohibited and a violation of this Agreement.

The terms of this Agreement will govern any content, materials, or services accessible from or purchased within the Application as well as upgrades provided by TaxOdds that replace or supplement the original Application, unless such upgrade is accompanied by a separate license agreement.

You agree that TaxOdds is not acting as your agent or fiduciary in connection with your use of the Platform. TaxOdds shall have no responsibility or liability for damages or claims relating to any use of the Platform on a professional basis (i.e., for a preparer’s or other fee for tax preparation services), and you agree to indemnify TaxOdds against any claims relating to such use.

Other than the limited license granted to you in this Agreement, TaxOdds reserves all patent, copyright, trade secret, trade name, trademark, and other proprietary rights related to the Platform.

2. RESTRICTIONS

Prohibited activities

As a term of using our Platform, you agree not to engage in any of the following activities:

copy, upload, post, publish, transmit, reproduce, publicly display, distribute, alter, or modify in any way software or other material obtained through the Platform for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material);
copy, upload, post, publish, transmit, reproduce, publicly display, distribute, alter, or modify in any way, information, software, or other material obtained through the Platform which is protected by copyright, or other proprietary right, or create derivative works with respect thereto, without obtaining permission of the copyright owner or rightsholder;
upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under U.S. copyright laws;
remove or modify TaxOdd’s copyright notices, trademark, logo, legend or other notice of ownership from any part of the Platform;
access, view, read, modify, reverse compile, reverse assemble, disassemble or print any source code or object code or other runtime objects, components or files distributed with any part of the Platform;
reverse engineer, modify or copy the look and feel, functionality or user interface of any portion of the Platform;
defeat, disable or circumvent any protection mechanism related to the Platform;
rent, lease, distribute (or redistribute), provide, or otherwise make available the Platform, in any form, to any third party;
share your account credentials, or otherwise share use or access of the Platform with any unauthorized person;
link to, frame or mirror Web-based applications or any portion thereof;
probe, scan or test the vulnerability of any of our systems or networks;
attempt to gain unauthorized access to any of our systems or networks violate or attempt to violate the security of TaxOdd's networks or servers;
breach security or authentication measures;
access or attempt to access data not intended for you or log into a server or account which you are not authorized to access;
use any data mining, robots, or similar data-gathering or data-extraction methods in relation to the Platform;
restrict or inhibit any other user from using and enjoying the Platform, or otherwise interfere or attempt to interfere with the normal operation of our Platform, including by means of transmitting any virus, trojan horse, worm, malware, or other malicious code or software, or by overloading, flooding, spamming, mail bombing, or crashing any part of the Platform;
post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by TaxOdds); or
use the Platform to transmit fraudulent information, create any false identity, or mispresent any false identity;
post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations;
reveal someone’s personal information, such as their address, private e-mail addresses, phone numbers, or bank account information on our Platform; or
otherwise use the Platform in violation of any applicable federal, state, or local law.

TaxOdds has no obligation to monitor the Platform. However, you acknowledge and agree that TaxOdds has the right to monitor the Platform electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Platform properly, or to protect itself or its customers.

TaxOdds reserves the delete or remove any content, in whole or in part, that, in its sole discretion, is unacceptable, undesirable, inappropriate, or in violation of these Terms of Service.

You agree that you will not use the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party’s use and enjoyment of the Platform. You will not use the Platform to violate any applicable law, rule or regulation and you will not encourage or enable others to violate any applicable law, rule, or regulation. While using the Platform, you will not: inflict emotional distress on others, humiliate others, assault or threaten others, impersonate others or misrepresent your affiliation, stalk, harass or harm another individual, collect or store personal data about other users, spam or send unsolicited communications to others, or otherwise participate in activity that may result in liability of any kind.

You agree to review your tax return data for indications of obvious errors prior to transmitting that data to your return preparer. You are responsible for acquiring and maintaining all equipment, computers, software, and communications services (such as cellular data charges) relating to the access and use of the Platform, and for all related expenses and applicable taxes.

If you sell your mobile device to a third party, you must remove the licensed Application from the device before doing so.

3. CONSENT TO USE OF DATA

You agree that TaxOdds may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the App (“Services”). We may use this information to improve our products or to provide services or technologies to you.

By downloading the App, you also agree to the collection, use, and sharing of your data in accordance with our Terms of Service and Privacy Policy.

You agree that TaxOdds is permitted to access and use any tax return information and other information provided by you in order to perform the Services and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the Services to you.

4. MODIFICATION, REVOCATION, OR TERMINATION OF LICENSE

TaxOdds may revoke and/or terminate the foregoing license with respect to any aspect of the Platform at any time, for any or no reason. Your rights under this Agreement will terminate automatically if you fail to comply with any of its terms.

ANY USE OF THE PLATFORM NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.

In addition, TaxOdds reserves the right, at any time, to change the terms of this Agreement by publishing notice of such changes on its website (www.taxodds.com). Any use of the Platform by you after TaxOdd's publication of any such changes shall constitute your acceptance of this Agreement as modified.

5. EXTERNAL SERVICES

The App may enable access to TaxOdd’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. TaxOdds is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any App or External Service is for general informational purposes only and is not guaranteed by TaxOdds or its agents.

You will not use the External Services in any manner that is inconsistent with the terms of this Agreement or that infringes the intellectual property rights of TaxOdds or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that TaxOdds is not responsible for any such use. External Services may not be available in all languages or in your country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. TaxOdds reserves the right to change, suspend, remove, disable, or impose access restrictions or limits on any External Services at any time without notice or liability to you.

6. NO WARRANTY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TAXODDS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

7. LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL LICENSOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE APPLICABLE PORTION OF THE SERVICES AT ISSUE WITHIN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM, OR THE AMOUNT OF FIFTY DOLLARS ($50.00), WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

8. EXPORT/RE-EXPORT

You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

9. COMMERCIAL ITEMS

The App and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

10. GOVERNING LAW; RESOLUTION OF DISPUTES

Governing law

These Terms of Service, including all claims relating to or arising hereof or breach thereof, whether sounding in contract, tort, or otherwise, will be governed and construed in accordance with the laws of the state of Texas, excluding its choice-of-law principles.

Applicability of section

The terms of this section will apply to all disputes that may arise out of, are connected with, or relate to these Terms of Service or the Platform, subject only to the following exceptions: (1) if we reasonably believe that you have in any manner acted or failed to act in any manner that may cause harm to us or any third party, we may seek injunctive or other appropriate relief in any court of competent jurisdiction; or (2) any dispute may, at the option of the claiming party, be resolved in small claims court in Hunt, Texas, provided that all claims by all parties in the dispute (i) fall within the jurisdiction of the small claims court, and (ii) were unsuccessfully resolved through the informal resolution and arbitration procedures required below.

In no event will the terms of this section limit our ability to investigate complaints or reported violations of these Terms of Service, or to take any action we deem necessary and appropriate to mitigate actions against us, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.

Informal resolution

If you have any dispute with us or any related third party, arising out of, relating to, or connected with these Terms of Service or the Platform, you agree to contact us directly and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account); and give us thirty (30) days from the date of filing your written description with us within which to resolve the dispute to your reasonable satisfaction. If we do not resolve the dispute through good faith negotiations under this informal process, you may pursue the dispute in accordance with the arbitration Terms of Service below.

Arbitration

Any claims by us, or claims by you that are not resolved by the informal resolution procedure described above, arising out of, relating to, or connected with these Terms of Service, other than a claim by TaxOdds for injunctive or other equitable relief, shall be settled confidentially by a single arbitrator with arbitration conducted in Hunt, Texas (or via remote conferencing where appropriate and permitted to mitigate costs of travel) in accordance with the Rules of the American Arbitration Association or JAMS Arbitration Rules and Procedures. These Terms of Service and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act (9 U.S.C. § 1 et seq.) will apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

In addition to and notwithstanding the terms stated above, the following will apply to your disputes: (1) the arbitration proceeding and results thereof will be kept confidential by each party; (2) the arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms of Service including any claim that all or any part of these Terms of Service is void or voidable; (3) the arbitrator will not have the power to conduct any form of class or collective arbitration, nor join or consolidate claims by or for individuals; and (4) you hereby irrevocably waive any right you may have to a court trial (other than small claims court as provided above) or to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration, or other proceeding against us or related third parties arising out of, relating to, or connected with these Terms of Service.

Limitation of actions

Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of, relating to, or connected with your use of the Platform or any term or condition of these Terms of Service, must be filed within twelve (12) months of the date the facts giving rise to the suit were known or should have been known by you, or forever be barred.