TERMS OF SERVICE
Last updated: September 1st, 2018
Please read these Terms and Conditions of Use (“Terms”), and definitions below carefully before using the WikiPro mobile application. WikiPro is owned and operated by Wikipro Inc., a corporation operating under the laws of the state of California, USA.
BY DOWNLOADING, ACCESSING AND/OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE USING AND TERMINATE YOUR ACCESS TO THE SERVICE. PLEASE NOTE THAT CONTINUED USE OF THE SERVICE WILL CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS.
WIKIPRO INC.”, “We”, “Our”, “Us” means Wikipro Inc., including its agents, officers, directors, managers, employees, and affiliates.
“WikiPro”, the “Service”, the “App” means the WikiPro mobile application
“User”, “You”, “Your” means any person(s) or entity(s) who downloads, accesses, and/or otherwise uses the Service.
“TAX PREPARER” means a licensed tax preparer in the United States that has licensed the WikiPro software to render services to You. Tax preparer includes Certified Public Accountant, Attorney, Enrolled Agent and other authorized tax prepared by various state authorities.
“Third Party” means any other individual, entity, or party other than You, WIKIPRO INC., and a TAX PREPARER.
“Account” means an account created by a User on the Service through the registration process.
“Materials” means any raw text, documents, spreadsheets, photographs, images, signatures, or other information related to Your use of the Service.
“Work Product” means any Materials produced by a TAX PREPARER and Transmitted through the Service.
“Transmit” means the act of entering, uploading, submitting, providing or otherwise sending Materials through WikiPro.
You acknowledge and agree that We reserve the right to modify or amend these Terms at any time, in our sole discretion, and without notice. Amendments include, but are not limited to, making changes to the contents of the Service, including to the descriptions, prices, and availability of services advertised.
Any revisions to these Terms will be updated on the Service and shall take effect from the date of such posting. You are advised to review these Terms periodically, as they are binding upon You.
You may use the Services only if you are eighteen (18) years or older with the capacity to form a binding contract with WIKIPRO INC., and are not otherwise barred from using the Service under applicable law.
Suspension and Termination
We reserve the right to terminate and/or suspend Your access to the Service immediately for any reason whatsoever, without prior notice or liability, and without limitation if You breach these Terms.
We are not responsible for the late filing of Your tax return due to such termination or suspension, and You acknowledge that You should file your tax return with your selected tax preparer as early as possible to meet any filing deadlines.
All provisions of these Terms shall survive termination and/or suspension of Your access, including, without limitation, Warranty Disclaimers, Indemnity and Limitations of Liability.
All activities arising out of the use of this Service are subject to these Terms. WikiPro is intended solely for use by Users who access the Service in the United States. We make no representation that the Service is available or otherwise suitable for use outside the United States. If You access or use the Service outside of the United States, You do so at Your own risk and are responsible for all consequences arising out of such use.
By Transmitting any Materials via the Service, You represent that You are the true owner of the Materials, or have obtained the proper authorization from the true owner of the Materials to use, modify, copy, reproduce, republish, upload, post, transmit, translate, and distribute it.
You agree to review your tax return for indications of obvious errors prior to electronically filing or printing your return. You are also responsible for acquiring and maintaining all equipment, computers, software and communications services (such as long distance phone charges) relating to the access and use of this Service, and for all expenses relating thereto (plus applicable taxes). WikiPro is free to use for all mobile user interface. However, You must pay all fees and charges related to your selected tax preparer based on both of your mutually agreed method.
By using the Service, You are hereby restricted from the following:
Transmitting any Materials for which You have not obtained all necessary licenses and/or approvals (either from Us or Third Parties); or which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law or the regulations of or infringe the rights of Us, a TAX PREPARER, or any Third Party in any country in the world.
Transmitting any inappropriate Materials, including but not limited to Materials which are threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other Third Party rights.
Transmitting any material which is technically harmful (including but not limited to computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
Entering fraudulent interactions or transactions with Us, a TAX PREPARER, or another individual or entity, including but not limited to interacting or transacting purportedly on behalf of a Third Party where You have no authority to bind that Third Party or You are pretending to be a Third Party.
Misrepresenting information or advice obtained through the Service as Your own, or as a Third Party’s Work Product.
Using the Service to provide information or advice to a Third Party.
Using the Service for a fraudulent purpose, or to cause annoyance, harassment, or inconvenience.
Using the Service for any other purpose other than which we have designed WikiPro for intended use.
You shall not use the Services for purposes of distributing text messaging “spam,” bulk unsolicited messages, or any other form of unsolicited electronic communications distributed on a bulk basis to recipients with which you have no preexisting business or personal relationship. Engage in spamming or other unsolicited advertising, marketing or other activities in breach of applicable law.
You warrant that all personal information and Materials provided upon Registration and contained as part of Your Account are true, complete, and accurate, and that You will promptly update any changes to such information before continuing Your use of the Service.
We will take reasonable action to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Service will be free of faults, and we do not accept or acknowledge liability for any such faults, errors or omissions.
Security and Data Storage
You are the only person authorized to use your user identification and password, and You shall not permit or allow other persons to have access to or use the same. You are responsible for the use of this Service under your user identification number, and for maintaining the confidentiality of your user identification and password.
Although We have taken significant measures to ensure the security of information submitted by you when using this Service, We cannot guarantee the security of information collected during your use of this Service and are not liable in any way for any compromise of your data. Except to the extent required by applicable law, We have no obligation to store or maintain any information You provide to Us, and You agree to print or save a copy of your tax return for your own records.
This Service does not include electronic filing services. Your selected tax preparer is responsible for verifying the status of your return to confirm that it has been received and accepted by the applicable taxing authority and, if necessary, for filing it manually. The Internal Revenue Service (IRS) requires Us to provide notification of your the Internet Protocol (IP) address of the computer or mobile device or other form electronic tablet from which your signature originated, and of whether your email address was collected.
By using this Service to communicate with your selected tax preparer, You consent to the disclosure to the IRS and any other tax or revenue authority of all information pertaining to your use of this Service.
Third Party Links
The Service may contain links to Third Party websites, advertisers, services, or other events or activities that are not owned or controlled by Us. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a User or Third Party through the Service or any hyperlinked website or service, and shall not be a party to or in any way monitor any transaction between You and a User or Third Party providers of products or services.
All information that You provide in connection with a purchase or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by uses of Your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes relating to such purchases or other monetary transaction interactions.
Intellectual Property Rights
Nothing contained on the Service should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Service without our written permission. Misuse of any trademarks or any other content displayed on the Service is prohibited.
We will not hesitate to take legal action against any unauthorized usage of Our trade marks, name or symbols to preserve and protect Our rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
By Using the Service, You acknowledge and understand that We neither directly nor indirectly endorse or guarantee any Work Product produced by a TAX PREPARER and Transmitted to You through the Service.
To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant that Your use of the Service or the App will be uninterrupted and We do not warrant that any information (or messages) Transmitted via the Service or the App will be transmitted accurately, reliably, in a timely manner, or at all.
We do not guarantee any results from using the Service. The Service is provided on an “as is” and “as available” basis. Use of the Service, and Your reliance on any Materials Transmitted therein, is at Your own option and risk.
No advice, information or Materials posted on, or available through, the Service will create any warranty not expressly stated herein. Without limiting the foregoing, We do not warrant that the content is accurate, reliable or correct; that the service will meet Your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components.
Any content downloaded or otherwise obtained through use of the Service is downloaded at your own option and risk and You will be solely responsible for any damage to Your mobile phone or loss of data that results from such download or Your use of the Service. All warranties or guarantees given or made by Us with respect to this Service shall be null and void if you breach any terms or conditions of this agreement.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall WIKIPRO INC. be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, date or other intangible losses, that result from use of, or inability to use, the Service. Under no circumstances shall WIKIPRO INC. be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or Your account for the information contained therein.
We assume no liability or responsibility for any errors or omissions in the content of the Service, or any Work Product, information, documents, and/or other services obtained through the Service.
We shall not be liable for any acts or omissions of any Third Parties however caused, and for any direct, indirect, incidental, special, consequential or punitive damages, however caused, resulting from or in connection with WikiPro and the services offered in the App, Your access to, use of or inability to use the App or the services offered in the App, reliance on or downloading from the App and/or services, or any delays, inaccuracies in the information or in its Transmission including but not limited to damages for personal loss, loss of business or profits, use, data or other intangible, even if We have been advised of the possibility of such damages.
We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise however and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by You in connection with the App and these Terms. For the purposes of these Terms, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of Third Parties, and all associated and incidental costs and expenses.
Notwithstanding our efforts to ensure that our system is secure, You acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the App, or electronic mail Transmitted to and from Us, will not be monitored or read by others.
You agree to defend, indemnify and hold harmless WIKIPRO INC. from and against any and all claims, actions, suits, damages, obligations, losses, liabilities, costs or debt, and expenses or proceedings brought or threatened to be brought against us which is caused by or arising out of
(a) Your use of the Service, including any data or content Transmitted or received You, (b) Your violation of any part of these Terms, including without limitation Your breach of any of the representations and warranties herein, (c) any other party’s use of the Service using Your user ID, verification PIN and/or any identifying number allocated by the Service, (d) Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights, (e) Your violation of any applicable law, rule or regulation, (f) any claim for damages that arises as a result of Your use or any Materials that are submitted via Your account; or (g) Your breach of any of these Terms, and to pay Us damages, costs and interest in connection with such claim, action, suit or proceeding.
Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Us and limits the manner in which you can seek relief from Us.
Except for small claims disputes in which You or We seek to bring an individual action in small claims court located in the county of Your billing address or disputes in which You seek injunctive or other equitable relief for the alleged unlawful use of intellectual property, You waive your rights to a jury trial and to have any dispute arising out of or related to these Terms resolved in court. Instead, all disputes arising out of or relating to these Terms will be resolved through confidential binding arbitration held in Los Angeles County, California.
You agree that any dispute arising out of or related to these Terms is personal to You and Us, and that any such dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You agree that these Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You agree that for any arbitration you initiate, you will pay the filing fee, and JAMS fees and costs.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the Terms by sending an email to support@WikiPro.com. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the following Section (Governing Law and Jurisdiction).
Governing Law and Jurisdiction
By accessing the Service, both You and We agree that the laws of the state of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Service.
You accept and agree that both You and We shall submit to the exclusive jurisdiction of California in respect to any dispute arising out of and/or in connection with these Terms.
You agree that any lawsuits arising from or relating to this Service shall be filed in the state or federal courts in Los Angeles County, California, and that jurisdiction shall be exclusively in Los Angeles County, California. You consent to jurisdiction of said courts, and waive any objections thereto.
If any provision of these Terms shall be held to be invalid or unenforceable, the remainder of these Terms shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
Customer is solely and fully responsible for complying with the Telephone Consumer Protection Act (TCPA) and the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Acts and applicable foreign and international laws pertaining to marketing messages, and Customer assumes full responsibility for ensuring that marketing messages are only sent to those who are legally eligible to receive them.
Under the terms of the TCPA and CAN-SPAM Act, as between WikiPro and Customer, Customer is the sender of emails / SMS and is obligated to follow all legal requirements applicable to the sending of emails under TCPA and CAN-SPAM, including but not limited to the prohibition against sending unsolicited emails or SMS to persons with whom Customer does not have a business relationship or who have not requested (opted-in) to Customer’s emails or SMS (Spam). As part of its agreement to these Terms of Service, Customer agrees to only send permission-based emails / SMS in connection with its use of the Services. “Permission-based” means that all recipients must have opted-in to receive email / SMS communications from Customer. Emails or SMS sent by Customer must include all information required by TCPA and CAN-SPAM.
Collection of Information
When using the Service, You may provide information about yourself such as Your name, phone number, email and details around a potential transaction in registering an account. Additionally, You may upload, submit, share, or send Materials through the Service when communicating with Your TAX PREPARER. The above information may be stored in Your account, and through our message center, but will only be shared with Your TAX PREPARER, and not with any Third Parties.
In addition to the above, the Service collects other sensitive information such as Your social security number, date of birth, spouse name, street address, and relevant tax information to provide to Your TAX PREPARER for verification purposes. We will not store this sensitive information, but Your TAX PREPARER will retain it for their records after verifying Your identity.
Any changes or updates to information collected by or provided to the Service shall be made and stored by Your TAX PREPARER.
Third Parties are not permitted to collect information directly through the Service.