Effective Date: April 23, 2025
Introduction
Welcome to JDTaxs.com, the website and online service provided by JD Business Consultant (doing business as JDTaxs.com) (“Company”, “we”, “us” or “our”). We are committed to protecting your privacy and ensuring the security of your personal information. This Privacy Policy explains what data we collect from you, how we use and share it, and your rights regarding that data. By using our website or services, you agree to the collection and use of information as described in this Policy.
Our services are designed for Tax Attorneys, CPAs, Accountants, Tax Professionals, Enrolled Agents, and similar professionals in the United States and Puerto Rico. Please note that while we prioritize standard U.S. privacy practices, our services are not specifically governed by special sectoral privacy laws such as the Health Insurance Portability and Accountability Act (HIPAA) or the Gramm-Leach-Bliley Act (GLBA). We do not intend to collect any data subject to those laws. If you have any questions about this Privacy Policy, feel free to contact us using the information in the “Contact Us” section below.
Information We Collect
We collect several types of information to provide and improve our services to you:
- Personal Information You Provide: When you contact us through our website forms, sign up for a service, or communicate with us, we may collect personal information such as your name, email address, phone number, company/firm name, and any other information you choose to provide. For example, if you request a quote or create an account on our site, you will be asked for certain identifying details (like your name and contact information).
- Account Information: If you register for a customer dashboard account, we will collect login credentials (such as your email address and a password). We may also collect profile information related to your account, like your business name or profile photo, if you choose to provide it.
- Payment Information: If you purchase our services (whether a subscription or a one-time service), you will provide payment details. Payments on JDTaxs.com are processed through our third-party payment gateway, CPACharge. This means we may collect billing information such as your billing address and the last four digits of your credit card, but we do not store full credit card numbers or bank account numbers on our servers. Such sensitive payment details are handled securely by CPACharge on our behalf. (Please review CPACharge’s privacy and security policies for details on their data handling.)
- Client Data You Upload: As our customer, you may input or upload personal information of your own clients or end-users into our platform (for example, by using our mobile app solutions or dashboard to manage your clients’ information). This can include your clients’ names, contact details, appointment information, documents, and other data relevant to the services you provide to them. We collect and store this information solely on your behalf to provide the services. Important: You are responsible for ensuring you have your clients’ permission to input their personal data into our platform. We treat this client data as confidential and do not use it for our own purposes (other than as necessary to provide and support the service, as explained below).
- Usage Data and Analytics: When you visit our website or use the dashboard, we automatically collect certain technical information about your device and how you interact with our site. This includes your IP address, approximate location (city/region) based on IP, device type, browser type, operating system, referral URL, pages viewed, and the dates/times of your visits. We also collect information about how you use our platform (e.g., clicks, scrolling, and other actions). This usage data helps us analyze and improve our website and services.
- Cookies and Similar Technologies: We use cookies and similar tracking technologies (such as web beacons or pixel tags) to collect information about your browsing activities over time and across our site. Cookies are small text files placed on your device that allow us to recognize you on future visits, provide core site functionality (like keeping you logged in to the dashboard), and understand usage patterns. For more details, see the “Cookies and Tracking Technologies” section below.
We do not knowingly collect sensitive personal information such as Social Security Numbers, driver’s license numbers, precise geolocation (GPS data), or biometric data through our website, unless you or your clients choose to provide such information as part of using our services. Our platform is not intended for collecting protected health information or highly sensitive financial account data, and we ask that you do not upload such regulated data.
How We Use Your Information
We use the collected information for the following purposes:
- To Provide and Maintain Our Services: We use your information to carry out our contract with you. This includes using your personal data to create and manage your account, develop and customize the mobile app for your practice, allow you to log into the dashboard, and enable the features of our services (such as client management, appointment scheduling, document storage, etc.). Any client data you upload is used strictly to make those features work for you and to store that information on your behalf.
- To Process Payments and Transactions: We use your payment and billing information to bill you for subscriptions or one-time services and to process transactions via CPACharge. For example, if you subscribe to a monthly plan, we will use the payment details you provided to charge your subscription fee. Payment processing is done securely through CPACharge, and we use the information only as needed to ensure your payments are completed (e.g., to record that you’ve paid and to send you invoices or receipts).
- To Communicate with You: We use your contact information (email address and/or phone number) to send you important updates and notifications about the services. This may include confirmations of transactions, notices of upcoming subscription renewals, announcements of new features, security or support messages (such as password reset emails or alerts about maintenance downtime), and responses to any inquiries you send us. If you sign up for our newsletter or marketing communications, we will also use your email to send you promotional content such as news about our services, special offers, or events. You can opt out of marketing emails at any time (see “Your Rights and Choices” below). Service-related communications (like billing or security notices) are necessary for us to provide the service and may be sent even if you opt out of marketing messages.
- To Improve and Analyze Our Services: We use usage data and cookies to understand how our website and services are being used and to improve them. For instance, we analyze which pages or features are most popular, how users navigate our site, and where users encounter errors. This helps us troubleshoot issues, optimize the user experience, and develop new features that better serve our customers. We may also use feedback you provide to improve our offerings. Any analytics or tracking is performed in accordance with applicable data protection laws and as described in this Policy (see “Cookies and Tracking Technologies” for more on analytics).
- To Enforce Terms, Prevent Fraud, and Ensure Security: We may use your information to enforce our Terms & Conditions and other policies, to detect or prevent fraudulent or illegal activities, and to keep our platform safe and secure. For example, we might use IP addresses and other identifiers to monitor for unusual or suspicious account activities that could indicate unauthorized access or abuse of our services. We also reserve the right to use or disclose information to investigate violations of law or our agreements, and to protect our rights, property, and safety or that of our users and others.
- To Comply with Legal Obligations: If we are under a legal obligation to retain or disclose certain information (for example, for tax record-keeping, responding to a court order, or regulatory compliance), we will use and retain the necessary information for that purpose. We only do so when required by law, and we limit the information to what is necessary to fulfill the obligation.
We will not use your personal information for purposes other than those described above without your consent, and we do not sell or rent your personal information to third parties for their own marketing or other purposes.
Cookies and Tracking Technologies
Cookies: We use cookies to enhance your experience on our site. For example, when you log in to your dashboard, cookies allow us to remember you so you remain logged in as you navigate between pages. We use both session cookies (which expire when you close your browser) and persistent cookies (which remain on your device for a set period or until you delete them).
The types of cookies we use include:
- Essential Cookies: These are necessary for our website to function properly. They enable core features like user login, account navigation, and form submissions. Without these cookies, services you have asked for (such as logging into the secure dashboard) cannot be provided.
- Analytics Cookies: We use these to collect information about how visitors use our site. For this purpose, we use Google Analytics, a web analytics service provided by Google. Google Analytics uses cookies and similar technologies to collect data about website usage (such as your IP address, time of visit, pages visited, and browser information). This data is transmitted to Google and aggregated to help us understand website traffic and usage patterns. IP Anonymization: We have configured Google Analytics to anonymize IP addresses where applicable (Google truncates the IP address in certain regions), which means the information collected cannot be easily used to identify you personally. We use the insights from Google Analytics to improve site content and technical performance. (For more information on how Google Analytics collects and processes data, you can visit Google’s site “How Google uses data when you use our partners’ sites or apps.”)
- Functionality Cookies: These remember your preferences and settings to provide a more personalized experience (for example, remembering your preferred language or other customizations).
Cookie Choices: By using our site, you agree to our use of cookies. However, you have choices to manage cookies: you can set your web browser to refuse some or all cookies, or to alert you when cookies are being sent. Please note that if you disable or reject cookies, some features of our site and services (like staying logged in to the dashboard) may not function properly.
Do-Not-Track Signals: Some browsers have a “Do Not Track” (DNT) feature that sends a signal to websites indicating you do not want to be tracked. Currently, our site does not respond to DNT signals. We adhere to the privacy practices described in this Policy, and if you wish to opt out of analytics tracking, you may do so by blocking cookies or using Google’s Analytics Opt-Out Browser Add-on.
How We Share Your Information
We understand the importance of keeping your information private. We only share personal information in the following circumstances:
- With Service Providers (Third-Party Processors): We share information with trusted third-party companies that perform services on our behalf to help us run our business and provide the services to you. These include:
- Payment Processor: As mentioned, we use CPACharge to handle credit card and payment processing. When you make a payment, your payment details are securely transmitted to CPACharge. They process the transaction and then let us know if it was successful. We may receive limited information back from the payment processor (such as a confirmation code, your name, email, and the amount paid) for record-keeping. CPACharge is PCI-DSS compliant and maintains high security standards to protect your payment data.
- Analytics Provider: We use Google Analytics to collect and process analytics data (as described above under Cookies). Google acts as a data processor in this context, meaning they process usage data on our behalf and are contractually restricted from using it for other purposes.
- Hosting and IT Services: Our website, databases, and applications may be hosted on third-party servers or cloud services. For example, we might use reputable cloud infrastructure providers or web hosting companies to store data and ensure our service is reliable. These service providers may have access to personal data in the course of providing technical support or maintenance but only for performing their work for us.
- Email and Communication Tools: We may use third-party platforms to send out email communications (for instance, an email newsletter service or an SMTP relay to send system emails like password resets). These providers would handle your email address and the content of emails under strict confidentiality and only as directed by us.
In all cases, we share only the information that is necessary for these providers to perform their functions, and we require them to protect your information and use it only for the purposes we specify. They are not permitted to use your data for their own unrelated purposes.
- With Your Consent: We will share your personal information with third parties if and when you explicitly consent to us doing so. For example, if we ever want to use a testimonial you provided on our website, we would only publish it with your permission, which might involve sharing your name or other agreed-upon info publicly. (This is just an example – by default we keep your info private.)
- For Legal Compliance and Protection: We may disclose your information when we believe in good faith that such disclosure is necessary to comply with a legal obligation or request (such as a law, regulation, warrant, subpoena, or court order). We may also share information if we believe it is necessary to investigate, prevent, or act regarding potential illegal activities, suspected fraud, situations involving potential threats to the safety or rights of any person, violations of our Terms & Conditions, or as evidence in litigation in which we are involved. For instance, if required by law enforcement or regulators in the U.S. or Puerto Rico, we may have to provide logs or account information in compliance with applicable laws. We will only do so to the extent we are required or permitted by law.
- Business Transfers: If the Company is involved in a merger, acquisition, sale of assets, reorganization, bankruptcy, or other similar business transaction, your personal information may be transferred to the successor or assignee as part of that transaction. We will ensure any such successor is bound to protect your personal information at least to the same standard as outlined in this Privacy Policy. If a transfer results in a material change in the use of your personal information, we will endeavor to provide you with prior notice (for example, by email or a prominent notice on our site) and an opportunity to opt out of the transfer of your client data if applicable.
Importantly, we do not sell your personal information to third-party companies for marketing or advertising purposes. We also do not share your clients’ personal data with any third parties except as necessary to provide the service (for example, storing it on our secure cloud server or making backups, which involve our hosting provider, or if required by law as described above). Your clients’ data remains under your control, and we only process it per your instructions as part of our service to you.
Data Security
We take the security of your data seriously and use a variety of measures to protect it. These include:
- Encryption: Our website is secured with SSL/TLS encryption (look for “https” and the padlock in your browser’s address bar), which protects data transmitted between your device and our site (such as information you enter in forms or your login credentials). We also encrypt sensitive data at rest where appropriate. For example, passwords are stored in encrypted (hashed and salted) form, and any sensitive payment information handled by CPACharge is encrypted during transmission.
- Access Controls: We restrict access to personal information to authorized personnel who need it to operate our services. Our team members and any third-party contractors are bound by confidentiality obligations. Client data that you store in your dashboard is considered confidential; our staff will not access it unless necessary to troubleshoot an issue or required for support, and even then, only with your permission or as allowed by law.
- Security Testing and Updates: We regularly update our software, plugins, and systems to address security vulnerabilities. We utilize firewalls, malware scanning, and other security monitoring tools to guard against unauthorized access. Our servers are protected in secure facilities and we employ safeguards such as intrusion detection systems.
- PCI Compliance for Payments: CPACharge, our payment processor, adheres to PCI DSS (Payment Card Industry Data Security Standard) requirements, which means your payment information is handled with industry-standard security. We ourselves do not store full credit card data, reducing the risk associated with handling sensitive financial information.
- Backup and Recovery: We perform regular backups of data to prevent loss and ensure we can recover information in case of technical issues. These backups are secured and subject to the same protections described here.
Despite our efforts, please understand that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee absolute security. Cyber threats evolve quickly, but we continually update our security practices to meet those challenges. In the unlikely event of a data breach that affects your personal information, we will notify you and the appropriate authorities as required by law, and we will take all reasonable steps to mitigate the impact. By using our services, you acknowledge and accept the inherent risks of transmitting information over the internet.
Data Retention
We will retain your personal information only for as long as it is necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements. How long we keep data depends on the type of information and the context in which it’s provided:
- Account Information: If you create an account with us, we will retain your account information for as long as your account is active or as needed to provide you with services. If you decide to cancel your subscription or delete your account, we will mark your account for deletion. We may retain certain information for a brief period after cancellation in case you reactivate or if needed to complete any transactions or obligations (for example, we might keep data until the end of a billing cycle or until a refund is processed). After that, we will securely delete or anonymize the data associated with your account, except for information we are required to keep for legal reasons. For instance, we may retain invoicing or payment records to comply with tax laws, or logs to comply with security requirements.
- Client Data: Any personal information about your clients that you have uploaded to our platform will be retained as long as you maintain an active account and use our services. If you delete specific client records from your dashboard, those records will be deleted from our active systems, though residual copies may remain temporarily in our backups (which are periodically overwritten). If you terminate your service with us, we will provide an opportunity for you to export your clients’ data (if needed), and thereafter we will delete the client data from our systems following a grace period. We generally do not retain your clients’ personal data after you have ceased using our services, except as required for legal compliance or legitimate business purposes (e.g., if a dispute requires us to retain evidence of what data was stored).
- Contact/Inquiries: If you contact us for support or general inquiries (but do not become a customer), we may retain your communications and our responses for a period of time to ensure we can follow-up properly and improve our support processes. Typically, email inquiries are retained for a couple of years, unless you request their deletion, so we have a history of your interactions in case you contact us again.
- Analytics Data: Data collected via Google Analytics and similar tools may be retained by Google according to their policies. We have set our Google Analytics data retention to the industry standard (often 26 months) or a similar reasonable period, after which the data is deleted automatically. We mainly view aggregated reports and do not typically store raw analytics data ourselves outside of Google Analytics.
- Legal Retention: In some cases, we may need to keep certain information for longer periods if required by law. For example, records of financial transactions may be kept for a number of years to comply with tax or accounting regulations. Also, if we are dealing with a legal dispute or enforcement of agreements, we will retain relevant information until the matter is resolved and no further retention is necessary.
After we no longer need your personal information, we will dispose of it in a secure manner. This may involve anonymizing the data (so it can no longer be associated with you) or securely erasing it. We take care to ensure that data is not kept longer than necessary in order to reduce the risk of outdated or unnecessary information being compromised.
Your Rights and Choices
We respect your rights to control your personal information. Depending on applicable laws (which can vary if you are in certain states like California, or in Puerto Rico which follows U.S. federal law), you may have some or all of the following rights regarding the personal data we hold about you:
- Access and Portability: You have the right to request a copy of the personal information we hold about you. We will provide you with a copy in a common digital format. For example, if you have an account with us, you can request an export of your account data and any related personal info. (Note: For client data that you have uploaded, you as the account owner can export or download that data through the dashboard at any time while your account is active. We consider you the controller of your clients’ data, so it’s generally your responsibility to provide that to your client if they ask. We will assist you with reasonable requests regarding your clients’ data that is stored on our system.)
- Correction (Rectification): If any of your personal information is inaccurate or outdated, you have the right to request that we correct or update it. You can also log in to your account and update certain information directly (for example, you can update your contact information or password through the dashboard settings). If you need to correct any information that you cannot change via the account, contact us and we’ll be happy to help.
- Deletion (Right to Be Forgotten): You have the right to request that we delete your personal information. Upon request, we will delete the personal data we have about you from our active systems, unless we need to retain it for legal or legitimate business purposes (as described in the Data Retention section). For example, if you cancel our services and request deletion of your account data, we will delete your account and personal info. However, we might retain invoicing records or email correspondence as required by law or internal policies. If you request deletion, please be aware that we might need to keep your email address or other limited info on a suppression list to honor your no-contact request or to ensure we maintain records of your request.
- Opt-Out of Marketing: If you have subscribed to any marketing communications (like newsletters or promotional emails), you can opt out at any time. Each marketing email from us will include an “Unsubscribe” link at the bottom. Click that link to stop receiving those types of emails. You can also contact us directly to request removal from our marketing list. Please note that even if you opt out of marketing messages, we may still send you important administrative or transactional communications (such as billing notices or security alerts) as those are not promotional.
- California Privacy Rights: If you are a resident of California, you may have additional rights under the California Consumer Privacy Act (CCPA) (as amended by the CPRA). These include the right to know what categories of personal information we collect, the right to know the specific pieces of information we have about you, the right to request deletion of your personal information, the right to opt out of the “sale” or “sharing” of personal information (note: we do not sell personal data, as stated), and the right not to be discriminated against for exercising these rights. Because our services are primarily business-to-business (B2B) – we deal with professionals – some data we collect might be in a business context and not subject to certain provisions of CCPA. However, we respect these rights and provide California residents the ability to make requests as described above. If you are a California resident and send us a request concerning your rights, we will treat it in accordance with applicable law. We may need to verify your identity before fulfilling certain requests (for example, by confirming that the email or phone number of the requestor matches our records). You may also designate an authorized agent to make requests on your behalf, in which case we will require proof of the agent’s authority and may still ask you to verify your identity directly.
- Opt-Out of Cookies/Analytics: As described in the Cookies section, you have choices to limit the analytics data we collect. You can opt out of Google Analytics tracking by using the official Google browser add-on for opting out (available at tools.google.com/dlpage/gaoptout) or by disabling cookies in your browser. Keep in mind this may affect your user experience.
- Do Not Sell My Info: While we do not sell personal information, we include this here for completeness. If you ever wish to formally opt-out of any future sale of data (as defined by applicable law), please contact us. We will record and honor such a request, even though we currently do not engage in selling data.
To exercise any of your rights, or if you have a privacy-related request (for example, asking what information we have about you, or requesting deletion), please contact us at the email or mailing address provided in the Contact Us section. We will respond to your request as soon as reasonably possible, generally within 30 days. If we need more time or if we cannot fulfill your request (due to legal reasons or inability to verify your identity), we will let you know and explain the reason to the extent permitted.
External Links
Our website may contain links to other websites or services that are not operated by us (for example, links to our profiles on social media platforms like LinkedIn, Facebook, or others, or links to articles of interest). If you click on a third-party link, you will be directed to that third party’s site. This Privacy Policy applies only to our own website and services, not to any third-party sites or services that we don’t control. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. We encourage you to review the privacy policy of every site you visit, especially if you provide personal information to them.
Children’s Privacy
Our website and services are not intended for children under the age of 13. We do not knowingly solicit or collect personal information from children under 13 years old. If you are under 13, please do not use our site or send us any personal information (even if you think our services might be useful to your family business, a parent or guardian should be the one to contact us). If we learn that we have inadvertently collected personal information from a child under 13, we will promptly delete that information from our records. If you are a parent or guardian and you suspect that your child under 13 has provided personal information to us, please contact us immediately so we can take appropriate action.
For minors aged 13 to 18, our services are actually aimed at adult professionals, so it’s unlikely a minor would use our site except perhaps as an end-user of one of our clients’ apps (e.g., a teenager whose parents’ accountant uses an app we built). In such cases, the collection of information would be on behalf of our client and covered by their policies. We still do not knowingly collect info directly from those minors. If you are under the age of majority in your jurisdiction, you should only use our site under the supervision of a parent or guardian.
Changes to this Privacy Policy
We may update or revise this Privacy Policy from time to time to reflect changes in our practices, technologies, legal requirements, or for other operational reasons. When we make changes, we will post the updated Privacy Policy on this page and update the “Effective Date” at the top. If the changes are significant, we will take additional steps to notify you of the updates. This could include posting a prominent notice on our homepage, or sending you a direct notification via email or through your dashboard.
We encourage you to review this Privacy Policy periodically to stay informed about how we are protecting the personal information we collect. Your continued use of our website or services after any changes to this Policy constitutes your acceptance of the updated terms of the Privacy Policy. If you do not agree with any updates or changes, you should stop using our services and may request that we remove your personal information as described in the “Your Rights and Choices” section.
Contact Us
If you have any questions, concerns, or requests regarding this Privacy Policy or your personal information, please contact us:
- By Email: info@jdbusinessconsultant.co
- By Phone: +1 (863) 289-5586
- By Mail: JD Business Consultant, 33 N 6th St, Suite 2, Haines City, FL 33844, USA
We will do our best to address your inquiry promptly and thoroughly. Your privacy is important to us, and we welcome your feedback. Thank you for trusting JDTaxs.com and JD Business Consultant with your information.
Terms and Conditions
Last Updated: April 23, 2025
Please read these Terms and Conditions (“Terms”) carefully before using the JDTaxs.com website or any services provided by JD Business Consultant. These Terms form a legal agreement between you (“User”, “you” or “Client”) and JD Business Consultant (doing business as JDTaxs.com) (“Company”, “we”, “us”, or “our”). By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not use our site or services.
Our services are tailored for professional users, including Tax Attorneys, Certified Public Accountants (CPAs), Accountants, Tax Preparers, Enrolled Agents, and similar tax and accounting professionals in the United States and Puerto Rico. You represent that you are using our services for business/professional purposes and that you have the authority to enter into this agreement. If you are using the services on behalf of an organization (such as a firm or company), you agree to these Terms for that organization and have the authority to bind it to these Terms.
These Terms apply to the use of our website (www.jdtaxs.com), the customer dashboard, and any mobile or web applications or other services we provide (collectively, the “Service” or “Services”). Additional terms may apply to certain features (for example, an end-user license agreement for a mobile app we build for you, or a separate proposal/contract for custom development services). In the event of a conflict between these Terms and any additional written agreement you have with us, that specific agreement will prevail for the matters it covers.
By using our Service, you also agree to our Privacy Policy (which describes how we collect and use your data). The Privacy Policy is incorporated by reference into these Terms.
1. Scope of Services
What We Do: JDTaxs.com (operated by JD Business Consultant) provides custom mobile app development and related technology services for tax and accounting professionals. Our primary services include: the design, development, and deployment of branded mobile applications for your practice; providing you with access to an online dashboard/portal to manage your app and its content (including your own client or end-user data); and ongoing support, maintenance, or hosting for those applications as needed. We aim to deliver secure, automated, and scalable solutions to help you enhance client management, streamline tax filing processes, and improve your firm’s efficiency through technology.
Service Plans: We offer our services under various plans or pricing structures. Some aspects of our Service may be offered as one-time projects (for example, a one-time fee to build and launch a custom mobile app for you), and other aspects may be offered as subscription-based services (for example, monthly or annual subscriptions for ongoing app hosting, updates, support, or access to premium features/modules in the dashboard). The details of the services included, the pricing, and the billing frequency will be presented to you either in a proposal, on our website, or through an ordering interface when you sign up. By placing an order or signing up for a plan, you agree to pay for and receive the services listed for that plan under the terms here.
Geographic Scope: Our Services are available to clients in the United States and Puerto Rico. We operate from Florida, USA, and our infrastructure is based in the United States. While clients in Puerto Rico are welcome to use our Service (and we have Spanish language support if needed), this is a U.S.-based service and all services are provided subject to U.S. laws and these Terms. You are responsible for ensuring that your use of the Service is in compliance with any local laws or regulations that may apply to you.
No Professional Advice or Services: Our role is limited to providing the technological platform (software and services) to support your professional practice. We do not provide any tax, legal, accounting, or other professional advice to your clients. You are solely responsible for the services and advice you provide to your own clients using the tools we provide. Nothing in our Service constitutes legal or tax advice from us. Always use your professional judgment in how you use the app and platform in your practice.
We will make reasonable efforts to ensure the Service operates as intended and that any development work we do for you meets the agreed specifications. However, we do not guarantee that the Service will result in any specific business outcomes (such as increased clientele or improved compliance) for you. The exact scope of what we will deliver to you (for instance, the features of your custom app, the support we will provide, etc.) will usually be detailed in an order form or project proposal. These Terms cover the general obligations and understandings between us.
2. Account Registration and Dashboard Use
Account Creation: To use certain features of our Service (such as accessing the client management dashboard or managing your app’s content), you will need to create an account on our website. When you register, you agree to provide true, accurate, current, and complete information about yourself and/or your organization as prompted by the registration form. You also agree to update such information promptly if it changes, so that our records remain accurate.
Account Security: You are responsible for maintaining the confidentiality of your account login credentials (username and password). You must not share your login information with unauthorized persons. You agree to notify us immediately at our contact email or phone number if you suspect any unauthorized access to or use of your account, or if you become aware of any breach of security. We are not liable for any loss or damage arising from your failure to secure your account. You are responsible for all activities that occur under your account (except those that result from our own negligence or security breach).
Authorized Users: If you are a firm and you authorize employees or colleagues to use the dashboard on your behalf (by creating sub-accounts or sharing credentials in a controlled manner), you are responsible for ensuring that such persons are aware of and comply with these Terms. We consider any actions taken under your account as being authorized by you. If an employee leaves your firm or you wish to revoke someone’s access, you are responsible for updating your account settings or informing us to help revoke access.
Dashboard and Client Data Management: Our platform provides you with a dashboard or portal where you can manage aspects of your custom app and input/manage data (such as adding your clients’ information, sending messages or documents to your app users, viewing analytics, etc.). You are solely responsible for all data and content that you upload, post, or otherwise transmit through our dashboard or in the use of our Service. This includes:
- The accuracy, quality, and legality of the data (for example, ensuring client contact information is correct and that you have the right to use it).
- Ensuring that you have appropriate permissions or consent to upload your clients’ personal information into our system. For instance, if you input a client’s name, email, phone, tax documents, or other personal data into the app for them to use, you must have obtained any necessary consent from that client to store their data on our platform.
- Keeping backups of your data as needed. While we do backups on our end as part of our security protocol, we cannot guarantee that data will never be lost. It’s good practice for you to export or backup critical client data from time to time. The dashboard may include export features to assist with this.
We do not monitor the content you upload to the dashboard on a routine basis, and we are not responsible for that content. However, by using our Service, you grant us permission to process and store your uploaded data for the sole purpose of providing the Service to you. We will handle any personal data within your content in accordance with our Privacy Policy and will not disclose it to third parties except as needed to operate the service (e.g., storing it on our hosting servers or making it available in the app for your authorized end-users) or as required by law.
Proprietary Software and Updates: Access to the dashboard and related software is provided as part of the Service. You agree not to attempt to circumvent any security measures or access controls in the dashboard, not to use the dashboard in a manner that could damage, disable, overburden, or impair it, and not to attempt to gain unauthorized access to any other user’s data or to our system beyond what is intended. We reserve the right to issue updates, patches, or new versions of the software from time to time, which may occur automatically. You may be required to accept such updates subject to these Terms to continue using the Service.
3. Fees and Payment Terms
Pricing and Fees: By signing up for a service or placing an order, you agree to pay the fees specified for that service. Our pricing structure will be made clear to you: for example, you might pay a one-time development fee for building a custom app, plus a recurring subscription fee for ongoing services (like hosting, maintenance, or additional features). All fees are quoted in U.S. Dollars (USD), unless otherwise stated, and do not include applicable taxes (such as sales tax or VAT) which may be added where required by law based on your billing address. You are responsible for any taxes or government charges applicable to your purchase and will pay us for the Service without any reduction for such amounts. If we are required to collect taxes, we will add them to your billing amount.
Payment Method: We require a valid payment method (such as a credit or debit card) at the time of purchase or subscription. By providing a payment method, you represent and warrant that you are authorized to use the payment method and you authorize our third-party payment processor (CPACharge) to charge your payment method for the total amount due (including any applicable taxes and fees). Depending on the service, payment might be collected upfront (for one-time fees or the first subscription period) and, for subscriptions, on a recurring basis.
Subscription Billing: If you enroll in a subscription service (e.g., monthly or annual plan), you agree to automatic recurring billing. This means that we (via CPACharge) will automatically charge your provided payment method at the start of each billing cycle (for example, on the same day each month) for the subscription fee and any applicable taxes. We will continue to charge your payment method on a recurring basis until you cancel the subscription as per the cancellation policy (see Section 4 below). We will inform you of the billing period and amount when you sign up. If the billing date falls on a date that does not exist in a given month (e.g., the 30th for a month that has only 29 days), we may charge on the nearest available date (e.g., 29th or 1st of next month) and going forward on that new date.
One-Time Payments: If you are purchasing a one-time service (such as a custom development project), the payment terms (full payment upfront or milestone-based payments) will be described in the order or invoice. Unless otherwise agreed in writing, one-time services are paid upfront. We may not begin work or may pause work on a project until the agreed payment is received.
Late Payments: It is important to keep your billing information up to date. If a payment fails (due to an expired card, insufficient funds, or otherwise), we will attempt to notify you and you should provide an alternate payment method promptly. If you do not cure a payment failure within a reasonable time (typically within 5-10 days after the due date), we reserve the right to suspend your service. This means your dashboard account could be disabled and any hosted app or service we provide could be made temporarily unavailable to you and your end-users until payment issues are resolved. Persistent failures to pay fees owed constitute a material breach of these Terms and may result in termination of service (Section 11). You agree to reimburse us for any costs of collection in case of overdue payments, except where prohibited by law.
No-Charge Services: If we offer any free services, free trial, or beta features (collectively “Free Services”), we provide them at our discretion. Free Services are provided “as is” with no warranty and may be terminated or changed by us at any time. These Terms fully apply to any Free Services as well.
Changes in Fees: We may modify our fees for subscriptions by providing you with advance notice of the change. For example, if you are on a monthly subscription, we might send you an email at least 30 days before a price increase takes effect. If you do not agree to the new price, you must cancel your subscription before the next billing date on which the new price would apply. If you do not cancel, the new fee will be charged on your next billing cycle. One-time fees for new projects will be quoted at the time of the new order, so they don’t change once agreed for that order.
All payments are processed securely via CPACharge, and your use of CPACharge may be subject to their terms and policies. We are not responsible for any payment processing errors or issues that arise from complications with the payment processor, though we will do our best to resolve any issues within our control.
4. Cancellation and Refund Policy
We want you to be satisfied with our services. However, if you need to cancel, we have the following cancellation and refund policy:
14-Day Cancellation Period (Money-Back Guarantee): For new service sign-ups, we offer a fourteen (14) day cancellation period starting from the date your service begins (usually the date of purchase or the date we deliver initial access, whichever comes first). If you are not satisfied for any reason, you may cancel the service within this 14-day window and request a full refund of any fees paid for that initial period. This policy applies to both one-time services and subscription services:
- For subscription services: If you cancel within 14 days of the start of your subscription (the initial purchase date), we will refund the subscription fee you paid. The cancellation will be effective immediately upon our processing, and your access to the service may be terminated at that time (unless you request to retain access for the remainder of the period without a refund). If you received any tangible deliverables or benefited from significant use of the service within those 14 days, we still honor the refund, trusting that you are canceling in good faith.
- For one-time services (project fees): If you decide to cancel a one-time service within 14 days of paying and the work has not yet been substantially started or delivered, we will refund your payment in full. If we have already begun work and incurred effort on the project, we will discuss a fair refund with you that may be pro-rated based on work completed. We aim to be fair; if the project is near completion or already delivered within that 14-day span, a full refund may not be practical, but we will try to resolve it amicably.
How to Cancel: To cancel your service, you must notify us clearly via email at our contact address (or through any cancellation function provided in the dashboard, if available). The notification should include your account information and an explicit statement that you wish to cancel the service. If you cancel via email or phone, we recommend you keep a record of your cancellation request. The effective date of cancellation is when you submit the request, but please allow us up to a few business days to process it. If you have trouble cancelling, contact customer support and we will assist you.
Refund Processing: If you are eligible for a refund under this policy, we will issue the refund to the same payment method you used for the purchase. Please allow a reasonable time for the refund to be processed by the payment method provider. (Typically, refunds to credit cards may take 5-10 business days to appear on your statement depending on your bank.) If the original payment method is closed or unavailable (e.g., the card has been canceled), inform us so we can coordinate an alternate method.
Cancellation After 14 Days: If you wish to cancel a subscription after the initial 14-day period, you may do so at any time; however, payments after the 14-day period are non-refundable. For subscriptions, this means: once a new billing period charge has occurred (after any initial 14-day window on the first charge), that charge is final and will not be refunded if you cancel in the middle of the period. Instead, your cancellation will stop the subscription from renewing further. You will continue to have access to the Service until the end of the paid billing cycle, and then the service will terminate or downgrade at that time. We do not provide pro-rated refunds for partial months of service after the refund window. For example, if you are on a monthly plan and you cancel on day 20 of a billing cycle, you will not receive a refund for the remaining 10 days, but you will retain access for those 10 days and the subscription will not renew next month.
For one-time services, if 14 days have passed since the start and we have delivered or substantially completed the project, cancellations typically will not result in a refund. If there is an ongoing project and you wish to halt it after 14 days, you may do so by mutual agreement; we will invoice you for the work completed up to that point (or retain the fee for work done) and will not charge for the remaining work, effectively treating it as a partial cancellation. Any amounts paid beyond the value of work rendered may be refunded at our discretion.
Our Right to Cancel: In rare cases, we reserve the right to cancel your service (subscription or project) if we determine that we cannot fulfill it or if you are in breach of these Terms. If we cancel due to no fault of yours (for example, we determine that a project is not feasible), we will provide a pro-rata or full refund for any services not delivered. If cancellation is due to your breach of the Terms or misuse of the Service, then we may terminate your access without refund (see Section 11 – Termination). We will generally provide notice and work with you to resolve issues prior to such termination.
After Cancellation: Once your service is canceled and any applicable period ends, your access to the dashboard and any client data stored on our platform may become inaccessible. It is your responsibility to export any data you need prior to cancellation or termination. We are not obligated to retain your data after the effective cancellation date, and we may delete your data in accordance with our data retention policies (as described in the Privacy Policy). We recommend that if you decide to discontinue the Service, you retrieve any important information (such as client lists or documents) before the end of your subscription or service term.
We believe this cancellation and refund policy is fair and aligns with common practices, especially providing a 14-day risk-free period. If you have any questions or special concerns about cancellation, please contact us – our goal is to have satisfied customers, and we will do our best to address any issues within the framework of this policy.
5. User Responsibilities and Acceptable Use
By using our Service, you agree to the following responsibilities and acceptable use guidelines:
Compliance with Laws and Professional Standards: You will use the Service in compliance with all applicable laws, regulations, and professional standards. This includes, but is not limited to, privacy laws, data protection laws, and any rules governing your profession. For example, as a tax or accounting professional, you may be subject to IRS regulations, state accountancy board rules, or ethical guidelines for confidentiality. It is your responsibility to ensure that using our platform (for storing client data, communicating with clients, etc.) is done in accordance with those obligations. We provide tools, but we do not guarantee that the tools by themselves make you compliant with any specific law or regulation. You must not use the Service in a way that would cause us to be subject to special regulations (for instance, do not use our platform to store health records that would make us subject to HIPAA, or highly sensitive financial data that would impose GLBA compliance on us, without our explicit agreement). If you choose to input any personal data that might be considered sensitive or regulated, you do so at your own risk and you remain solely responsible for any required compliance.
Obtaining Consents: If you use our Service to collect personal information from your clients or users (for example, if your custom app has a form for your clients to fill out, or if you upload your client’s contact information into the app or dashboard), you are responsible for providing any necessary privacy notices or obtaining any consents from those individuals as required by law. You should have your own privacy policy for your app or services that explains to your clients how their data will be used (including the fact that it may be stored on our platform on your behalf). We will not contact your clients directly or use their data ourselves, but you should ensure they are aware that a third-party provider (us) is involved in processing their data for you.
Accurate Information: You must provide accurate information in your dealings with us and in the content you input into the Service. For example, when setting up your profile or sending notifications through the app, do not impersonate any person or entity, and do not misrepresent your identity or affiliation. If you are a CPA, do not, for instance, falsely claim credentials you don’t have, etc., on our platform.
Proper Use of the Platform: You may use the Service only for its intended purpose—namely, to manage and enhance your tax/accounting practice’s interactions with clients via the custom app and dashboard. You agree not to abuse the platform or use it for unrelated purposes. Specifically, you agree NOT to:
- Engage in Illegal or Harmful Activities: Do not use the Service to transmit or store any content that is unlawful, fraudulent, obscene, defamatory, libelous, threatening, harassing, or that could encourage criminal or unethical behavior. This includes any material that violates privacy or publicity rights, or that infringes on any party’s intellectual property or other rights.
- Upload Malicious Code: Do not introduce any viruses, worms, Trojan horses, ransomware, or other malicious code into the Service. You must not use the Service to distribute malware or to engage in phishing or other fraudulent activities.
- Interfere with Others’ Use: Do not interfere with or disrupt the integrity, performance, or security of the Service or data contained therein. This means you should not attempt to hack the Service, launch denial of service attacks, or otherwise attempt to disrupt our infrastructure. Also, do not attempt to access data or accounts that you are not authorized to access.
- Excessive or Improper Use: Do not use automated scripts, scrapers, or bots to mass-collect information from the Service or to send requests to the Service in a manner that overloads our servers. (For example, you should not run an automated program that makes thousands of API calls to our system unless we have provided an API and allowed such use.) Use the Service within any usage limits that we might outline (if any).
- Spam and Unsolicited Communications: If the Service enables you to send messages or notifications to your clients (such as push notifications or emails through the app), you must not send spam or unsolicited bulk messages in violation of applicable laws (like the CAN-SPAM Act for emails or TCPA for SMS in the U.S.). Ensure that any communication you send via our platform is to recipients with whom you have a business relationship or who have consented to such communications. We reserve the right to prevent or limit sending of messages that we believe are spam or could harm the platform’s reputation or deliverability.
- No Resale or Unauthorized Distribution: The Service is meant for your use or your firm’s internal use. You may not resell, lease, or provide access to the Service to any third party (except providing access to your authorized staff or your own clients through the intended app usage). For example, you shouldn’t use our platform to create an app that you then sell to another company—unless you’ve engaged us to do white-label development and we agreed to it. Similarly, you should not create multiple accounts to try to bypass feature limits or for any malicious intent.
- Intellectual Property Infringement: Do not use our Service to upload or share content that violates intellectual property rights. If you upload any files, documents, or media to the platform (like sharing a PDF with a client via the app), you must have the right to do so. If you infringe copyrights, trademarks, or other IP using our Service, that is a violation of these Terms and grounds for termination.
User Content and Intellectual Property of User: Any content that you upload into the Service remains your property (or your clients’ property, as the case may be). We do not claim ownership over the data, information, or material you or your end-users provide through the Service. By using the Service and uploading content, you grant us a non-exclusive, worldwide, royalty-free license to use, host, copy, process, transmit, and display that content solely for the purposes of operating and maintaining the Service and fulfilling our obligations to you. This license is necessary for us to, for example, display the content back to you or your clients in the app, to back it up, or to transmit it to a support agent when you have a problem. We will not use your content for any other purposes without your permission.
We reserve the right (but have no obligation) to review and remove any user-provided content or data that we believe in our discretion violates these Terms or applicable law. If feasible and legally permissible, we would inform you of any such action and give you an opportunity to cure or explain, but we may have to act quickly in some situations (e.g., to take down obviously illegal content or to comply with a DMCA copyright takedown notice).
Professional Responsibility: You understand that using our Service does not absolve you of the professional responsibilities you owe to your clients and governing bodies. For example, it is your responsibility to maintain any required client records, to adhere to document retention policies mandated by law, and to ensure client confidentiality. Our platform provides tools like document storage and client portals, but how you use those tools must align with your obligations (for instance, you might need to download and archive tax returns separately for regulatory compliance). If a client exercises privacy rights (such as requesting deletion of their data) or if you are obligated to provide copies of data to a client, it is your duty to use the platform’s features to comply (and we will assist as needed from the back-end). We are not liable for your failure to meet your professional or legal duties; you should have internal policies for using our Service consistent with such duties. In summary, we provide the technology, you provide the judgment and oversight.
6. Intellectual Property Rights
Our Intellectual Property: The Service (including our website, dashboard software, underlying technology, templates, and any mobile applications or modules we provide) is protected by intellectual property laws. JD Business Consultant (and/or its licensors) retains all right, title, and interest in and to the Service and all software, code, inventions, know-how, and materials therein, including all intellectual property rights such as trademarks, trade names, logos, patents, trade secrets, and copyrights.
All content on JDTaxs.com – such as text, graphics, logos, button icons, images, and software – is the property of JD Business Consultant or its content suppliers and is protected by U.S. and international copyright laws. The compilation of all content on the site is our exclusive property. The company names, logos, and all related names and logos (including “JDTaxs.com” and “JD Business Consultant”) are our trademarks or service marks. You are not granted any right or license to use any of our trademarks (such as in advertising, press releases, etc.) without our prior written consent.
License to Use Our Service: Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Service for your internal business purposes. This license allows you to use the dashboard and any provided software or applications, and to allow your authorized end-users (your clients) to use the mobile app we build for you, all in accordance with the intended functionality of the Service. You may not copy, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, or transmit any of the material from our software or website, except as permitted by us or as necessary for your use of the Service (for example, you may download and install the custom mobile app on devices as needed, since that’s part of use). Any rights not expressly granted to you in these Terms are reserved by us.
You shall not reverse engineer, decompile, or disassemble any of our software or systems, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. If you believe you need to do so for interoperability purposes, you must contact us and request the needed information – we often can provide APIs or data export features to meet legitimate needs. Attempting to extract source code or algorithms by any unauthorized means is strictly prohibited.
Your Intellectual Property: As mentioned in Section 5, you retain ownership of all data, content, and materials you provide to us or upload into the Service. Additionally, you may have trademarks, logos, or branding that you ask us to incorporate into your custom app or that appear in the dashboard or app (such as your firm’s name, logo, etc.). You remain the owner of those trademarks and content. By providing any such materials to us, you grant us a license to use, reproduce, and display them as needed to perform the service for you. For example, you allow us to use your logo and business name within the app we develop for you and in any promotional materials or portfolio where we showcase that we developed an app for you (we would seek permission for public portfolio use, but generally, providing your logo implies we can state “Developed by JD Business Consultant for [Your Firm]” unless you explicitly forbid it).
Work Product: This can get a bit complex in custom development, but unless otherwise agreed in writing, the code and general software components of the custom mobile app we develop for you remain our intellectual property, and we grant you a license to use that app for your business. This is common because we might use a platform or framework that we reuse for multiple clients. You have broad rights to use the delivered app and associated features for your practice (including distributing the app to your clients), but you may not copy or transfer the software to other parties except your end-users. If instead our arrangement is that you will own the custom app’s code outright (usually for an extra fee), that should be spelled out in a separate contract. In absence of such a contract, assume we retain ownership of the underlying software, while you own your data and any unique content. We will not revoke your license to use the app we built for you as long as you are in good standing with your subscription or maintenance fees. If your subscription ends and you choose not to renew, the app may cease to function or be removed from app stores unless you reach an alternate arrangement with us (since the app might rely on our backend servers). This is simply due to the nature of software services and is not an attempt to hold your data hostage – you can request your data anytime.
Feedback: If you provide us with any suggestions, ideas, enhancement requests, recommendations, or feedback regarding the Service (“Feedback”), we appreciate it! You agree that we are free to use, modify, and incorporate this Feedback into our services or business operations without any obligation to you. Any Feedback you provide is completely voluntary, and we have no obligation to implement it. However, if we do, it may improve the product for you and others. You will not be entitled to any compensation or credit for the use of any Feedback you submit, and we obtain a perpetual, sublicensable, royalty-free license from you to implement and use any Feedback as we see fit.
7. Confidentiality and Privacy
Confidential Information: During the course of our business relationship, either party (you or us) might disclose confidential information to the other. For example, you might give us insight into your client base or business strategy so we can better tailor the app for you; we might share non-public information about our software’s roadmap or architecture. Confidential information includes any non-public information that is marked or identified as confidential, or that a reasonable person should understand to be confidential given the nature of the information and the context of disclosure. This could include business plans, technical designs, client lists, financial information, or personal data of clients.
Each party agrees to keep the other party’s confidential information strictly confidential and to use it only for the purposes of fulfilling our obligations in the business relationship (e.g., we use your info only to build/provide the service; you use any knowledge of our system only to use the service). Neither party will disclose the other’s confidential information to any third party except to those who need to know it for the above purpose and who are bound by confidentiality obligations at least as strict as these Terms. For instance, if we have developers or subcontractors working on your app, we will ensure they are under confidentiality agreements. Similarly, if you have employees accessing the platform, it’s your responsibility to ensure they understand what is confidential.
Confidential information does not include information that: (a) is or becomes publicly available without the recipient’s breach of any obligation (e.g., if something is released on our public website, it’s no longer confidential); (b) was already known to the recipient prior to disclosure by the disclosing party, without any confidentiality obligation; (c) is lawfully obtained from a third party who has the right to disclose it; or (d) is independently developed by the recipient without reference to or use of the confidential information.
If we have a separate Non-Disclosure Agreement (NDA) in place, that will also cover confidentiality. But even if not, we treat client information carefully.
Data Privacy: We will handle any personal data we obtain through providing the Service in accordance with our Privacy Policy (see link in introduction). We understand that the data you store in our platform about your clients may be sensitive (tax documents, personal financial info, etc.). We consider that data private and confidential to you and your clients. We will not access, use, or disclose your client data except as needed to troubleshoot or support the service, or as required by law (as detailed in the Privacy Policy). In practical terms, our support or engineering team will not go looking at your client records unless you have a problem that requires it, or if we suspect a violation of law that compels a check (rare). If we ever must access your content to assist you, we treat it confidentially. We also expect you to treat any non-public aspects of our Service (like if you’re invited to a beta feature or given API details that aren’t public) as confidential.
Compelled Disclosure: If either party is required by law, regulation, or legal process (such as a subpoena or court order) to disclose any of the other party’s confidential information, it may do so provided that (if legally allowed) it gives the other party prompt notice so that party has an opportunity to seek a protective order or other appropriate remedy to prevent or limit disclosure. Each party shall disclose only that portion of confidential information legally required and will use reasonable efforts to obtain confidential treatment for any information so disclosed.
This section is a bit formal, but it essentially says we both agree to respect each other’s confidential information and handle it with care.
8. Disclaimers of Warranties
General Disclaimer: The Service is provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by law, JD Business Consultant (JDTaxs.com) disclaims all warranties of any kind, whether express, implied, or statutory, regarding the Service and any results to be obtained from the Service. This includes, but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties that might arise from a course of dealing or usage of trade. We do not guarantee that the Service will meet all of your requirements, or that it will achieve any intended results, or that it will be uninterrupted, secure, error-free, or free of viruses or other harmful components.
No Guaranteed Outcomes: You acknowledge that we cannot guarantee the success of your business or client engagements through the use of our Service. For example, while our app might improve client convenience, we make no warranty or guarantee that using our app will result in increased revenue, client retention, or compliance with any deadlines or regulatory requirements. You are responsible for your own professional performance and meeting of any obligations to your clients or authorities. The Service is a tool to assist you, not a replacement for your diligence and expertise.
Availability and Accuracy: We strive to maintain high availability and accuracy of the Service, but we make no warranty that: (a) the Service will be available at any given time or uptime percentage (we usually achieve high uptime, but downtime can occur for maintenance or unforeseen issues); (b) the Service, including any data or content, will be accurate, complete, or reliable. For instance, any calculations, reminders, or content provided by the app should be verified by you – if we have a calculator feature or deadline reminder, treat it as helpful but not infallible. We do not warrant that any errors or defects in the Service will be corrected immediately. However, we do commit to making reasonable efforts to fix bugs or issues that significantly affect use of the Service when brought to our attention.
Third-Party Components: The Service may involve third-party software, services, or content (for example, our app might integrate Google Maps API for location, or we rely on Apple’s and Google’s app stores to distribute your custom app). We make no warranty as to those third-party offerings. Your use of third-party services may be subject to that third party’s terms and we are not responsible for their performance. We disclaim liability for issues attributable to third-party failures or changes (e.g., if Google Analytics or CPACharge has an outage or data breach, we can’t guarantee those systems).
Data Security and Loss: While we take security measures as described, we make no warranty that your data will never be subject to unauthorized access or that your data stored on our servers will never be lost or corrupted. For example, despite precautions, data breaches can happen. We will follow applicable laws in such events (as described in our Privacy Policy), but we cannot promise that the Service is invulnerable to every attack. You should maintain backup copies of any data you store on our Service (especially important documents) to mitigate the risk of loss.
No Other Warranties: Any oral or written information or advice given by us, our representatives, or any third party shall not create any warranty not expressly stated in these Terms. You acknowledge that no employee or agent of ours is authorized to make any modifications, extensions, or additions to this warranty disclaimer.
Some jurisdictions do not allow the exclusion of certain warranties. If such laws apply, some of the above disclaimers may not apply to you, and the duration of any such warranty will be the minimum permissible under law.
9. Limitation of Liability
Exclusion of Certain Damages: To the fullest extent permitted by applicable law, in no event will JD Business Consultant (JDTaxs.com) or its directors, officers, employees, agents, partners, or affiliates be liable to you or any third party for any indirect, incidental, consequential, special, exemplary, or punitive damages whatsoever, arising out of or in connection with your use of or inability to use the Service, even if we have been advised of the possibility of such damages. This exclusion includes, without limitation, damages for lost profits, lost revenue, lost business opportunities, loss of goodwill or reputation, business interruption, loss of data, or cost of procurement of substitute services. For example, we will not be liable if a system outage or error in the app causes you to miss a client deadline or lose a client, or if any security breach results in damage — those types of consequential losses are excluded.
Cap on Liability: To the fullest extent permitted by law, our total cumulative liability to you for any claims arising out of or relating to these Terms or the Service, regardless of the form of the action (whether in contract, tort (including negligence), statutory or otherwise), shall not exceed the total amount of fees you have paid to us in the twelve (12) months immediately prior to the event giving rise to the liability. If you have not paid any fees (for example, if you’re using a free service), our total liability shall not exceed US $100. This is the maximum amount for which we could be responsible.
Exceptions: Some jurisdictions (such as certain states) do not allow the exclusion or limitation of certain liabilities. For instance, certain laws might not allow a limitation of liability for death or personal injury caused by negligence, or for gross negligence or willful misconduct. Nothing in these Terms shall limit or exclude liability in a way that is not permitted by law. In addition, if applicable law imposes a non-disclaimable duty or guarantee, and to the extent such duty or guarantee cannot be disclaimed as we have done under “Disclaimers”, then our liability for a breach of that duty/guarantee is limited (at our option) to re-performance of the service or cost of re-supply of the service.
Use at Your Own Risk: You acknowledge that the allocation of risk and liability in these Terms is a fundamental basis of the bargain between you and us. The fees charged for the Service reflect this allocation. In absence of such limitations, the fees would be significantly higher. You further acknowledge that the limitations of liability specified in this section will survive and apply even if any limited remedy is found to have failed its essential purpose.
No Liability for Client Disputes: For clarity, we have no liability for any disputes that arise between you and your clients or other third parties as a result of your use of the Service. If, for example, a client claims you missed a filing or lost their data (even if it’s due to an issue with the app), that is a matter between you and the client. You cannot pass through liability to us for your professional obligations. This doesn’t mean we won’t help address any technical issues that contributed; it just means we aren’t liable for the consequences between you and the client.
10. Indemnification
You agree to indemnify, defend, and hold harmless JD Business Consultant (JDTaxs.com) and its affiliates, and each of our respective officers, directors, employees, agents, and representatives, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that arise out of or relate to:
- Your Use of the Service: Any use or misuse of the Service by you or by someone using your account (whether or not authorized by you) that violates these Terms or any law. For example, if you or an employee uses the Service to send an unlawful spam blast and we get sued or investigated, you would indemnify us.
- Your Content/Data: Any data or content you (or your end-users) upload, post, or store through our Service. This includes any claims that the content infringes or misappropriates the intellectual property rights or privacy rights of a third party, or that the content is defamatory or has caused harm. For instance, if a client of yours alleges that their privacy was violated because you uploaded their information without permission, and they bring a claim against us, you would defend us in that matter.
- Your Business Operations: Your actual services and operations as a tax or accounting professional. We are providing the tool, but how you conduct your business is up to you. If a third party (like one of your clients, or a government agency) brings a claim against us that is rooted in the professional services or advice you provided (or failed to provide) to your clients, you will indemnify and defend us. For example, if a client alleges that an error in the app caused them tax penalties and they sue both you and us, you need to cover our liability and costs, since the underlying duty was yours.
- Breach of Agreements/Representations: Any breach by you of these Terms or of any representation or warranty you have made to us under this agreement. For example, if you breach the confidentiality provisions or you were not actually authorized to bind your company to these Terms and your company sues us, you’d indemnify us.
Indemnification Procedure: If we are faced with a legal claim that could invoke the above indemnity obligations, we will give you prompt written notice of the claim (to the extent we’re aware of it). You will then undertake, at your expense, the defense of the claim with counsel reasonably satisfactory to us. We have the right to participate in the defense with our own counsel (at our own expense) if we so choose, and you agree not to settle any claim in a manner that admits fault on our part or imposes non-monetary obligations on us without our prior written consent. If you fail to assume the defense of a claim as required, we may defend it ourselves and seek reimbursement from you.
This indemnification obligation shall survive any termination or expiration of the Agreement. In simpler terms, even if our business relationship ends, if a claim relating to your use during the term arises later, your duty to indemnify can still apply.
11. Termination
Voluntary Termination by You: You are free to stop using our Service at any time. You may terminate these Terms by cancelling your subscription and discontinuing all use of the Service. If you simply stop using the Service, note that your account may remain open (and billing active, if a subscription) until you explicitly cancel or we decide to close your account due to inactivity. For subscriptions, refer to Section 4 on how cancellation works and its effect. Upon your termination of the Service, you must cease all use of any of our software and destroy any copies of our software in your possession (excluding the app that’s on end-user devices — those will simply stop working if we pull them from stores or disable backend after termination).
Termination or Suspension by Us: We may suspend or terminate your access to the Service (in whole or in part) immediately and without liability, under any of the following circumstances:
- Breach of Terms: If you violate any provision of these Terms or engage in any behavior that we determine (in our reasonable discretion) to be in violation of the letter or spirit of the acceptable use policy (Section 5) or other policies, we may suspend your account or terminate the agreement. For example, if you are discovered using the platform for illegal purposes or you materially breach confidentiality or payment terms, we can terminate.
- Legal Requirement: If we are required to do so by law or a binding order of a court or government authority (for example, if providing the Service to you becomes unlawful or if a court orders us to terminate your service).
- Security or Safety Threats: If we determine that your use of the Service poses a security risk to our systems or other users, or could subject us or any third party to liability (e.g., hacking attempts, or if your account has been compromised and is being used to attack others).
- Non-Payment: If you fail to pay any amounts owed and do not cure such non-payment as described in Section 3, we may terminate your service for non-payment. Before termination, we typically will suspend the account as a warning, but if payment issues persist, termination can follow.
- Inactivity: If you have a free account or trial that has been inactive for an extended period, we reserve the right to terminate and delete the account (we would attempt to reach out to you first). This generally does not apply to paid subscriptions.
If we suspend your account, we will aim to give you a notice (e.g., email) explaining the reason and whether it’s something you can remedy (if it’s not an immediate security issue). For serious breaches or cases of fraud/illegal use, suspension may be immediate without notice.
If we terminate your account, we will likewise inform you. Termination means your rights to use the Service cease, and we may delete your account and data (though we will handle your data in accordance with law and our Privacy Policy – for example, providing you an opportunity to retrieve your data, if appropriate). Termination for breach does not entitle you to any refund of prepaid fees.
Effect of Termination: Upon termination of the Service for any reason: (a) all licenses and rights granted to you in these Terms shall immediately cease; (b) you must cease all use of the Service and our intellectual property; (c) any outstanding payment obligations you have will become due (for example, if we terminated because you didn’t pay for services already rendered, you still owe us those amounts); and (d) Sections of these Terms which by their nature should survive termination (such as indemnification, limitation of liability, confidentiality, governing law, etc.) will survive.
We highly recommend that before terminating, you export or secure any data you need from the platform. After termination, we may irretrievably delete your data, and we are not liable for any data loss due to termination, provided we followed the procedures stated. We may retain certain data for a limited time post-termination in backups or as required for legal compliance, but not in a readily accessible form to you (unless you request data retrieval and we agree to provide it, possibly for an additional service fee depending on effort).
Termination of the agreement doesn’t absolve either party from liability for acts or omissions prior to termination. If you had breached something and we terminate, you could still be liable for that breach.
12. Governing Law and Dispute Resolution
Governing Law: These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Service or these Terms shall be governed by and construed in accordance with the laws of the State of Florida, USA, and, to the extent applicable, the federal laws of the United States. We explicitly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (UNCITRAL) and any state laws implementing it, as it does not apply to the subject matter of these Terms.
If you are located in Puerto Rico or any U.S. territory, you agree that U.S. federal law and the laws of Florida will apply to your use of the Service, just as they would apply to a user in the 50 states. You also acknowledge that the Service is being provided from Florida, and that these Terms are entered into in Florida.
Jurisdiction and Venue: You agree that any legal action or proceeding arising under or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in the State of Florida, specifically within the jurisdiction of Florida’s courts (for example, the courts in Polk County, Florida, or the United States District Court for the Middle District of Florida, as appropriate). You and we both consent to the personal jurisdiction and venue of these courts for the purposes of litigating such disputes. We each waive any objections to the exercise of jurisdiction by these courts or to venue in these courts, including any claim that such action has been brought in an inconvenient forum.
However, we retain the right to seek injunctive or equitable relief in any jurisdiction if necessary to protect our confidential information or intellectual property (for example, if you were to violate our IP rights, we might need to get an injunction in a court that has jurisdiction over you).
Dispute Resolution and Good Faith Negotiation: Before filing any claim in court, we strongly encourage both parties to try to resolve disputes informally. You can contact us with any concerns and we will attempt to work with you in good faith to address them. Likewise, if we have an issue, we will reach out to you. Many disputes or misunderstandings can be resolved with a simple conversation.
(Note: We have not included a mandatory arbitration clause or class action waiver here. If we had one, it would go in this section. Since we are prioritizing clarity and standard procedure, disputes will be handled in court unless separately agreed otherwise. If in the future we decide to implement arbitration, we would update these Terms accordingly with proper notice.)
Limitation on Claims: To the extent allowed by law, any claim or cause of action arising out of or related to the Service or these Terms must be filed within one (1) year after such claim or cause of action arose. Otherwise, such claim or cause of action is permanently barred. (This does not apply to collection of unpaid fees which we can pursue per applicable statute of limitations, but is aimed at contractual or tort claims about the service.)
13. Changes to Terms
We may update or modify these Terms from time to time. If we make material changes, we will notify you by, for example, sending an email to the address associated with your account or by placing a prominent notice on our website or within your dashboard. The notice will designate a reasonable advance notice period before the new Terms become effective (except that changes addressing new functions of the Service or changes made for legal reasons may become effective immediately).
It is your responsibility to review any updated Terms during the notice period. If you continue to use the Service after the effective date of the updated Terms, that constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service and may terminate your account (you would likely be entitled to a prorated refund if you had prepaid for a period beyond your usage, in such a scenario – we’d handle that case-by-case to be fair).
For minor updates that do not materially affect your rights (such as clarifications or typographical corrections), we may not send a formal notice, so please check this page periodically. The “Last Updated” date at the top indicates when the latest changes were made.
14. Miscellaneous
Entire Agreement: These Terms (together with the Privacy Policy and any other documents expressly incorporated by reference, and any separate written service agreements or order forms between you and us) constitute the entire agreement between you and JD Business Consultant regarding the Service. They supersede all prior and contemporaneous understandings, agreements, representations, and warranties (both written and oral) concerning the Service. In case of a conflict between these Terms and any signed written agreement between you and us, the signed agreement will prevail to the extent of that conflict.
Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, then that provision shall be eliminated or limited to the minimum extent such that the rest of the Terms will continue in full force and effect. In other words, the invalid part will be severed, and the remaining provisions will remain valid and enforceable. The parties shall negotiate in good faith a valid, legal, enforceable substitute provision that most nearly effects the parties’ intent in entering into these Terms.
Waiver: No waiver by either party of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. For example, if we do not enforce a particular provision one time, it does not mean we waive our right to enforce it in the future. And any failure of a party to assert a right or provision under these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by the party granting the waiver to be effective.
Assignment: You may not assign or transfer these Terms (or any of your rights or obligations hereunder) to any third party without our prior written consent. Any attempt to do so without consent will be null and void. We may assign or transfer these Terms or any rights/obligations under them to an affiliate or in connection with a merger, acquisition, sale of assets, or by operation of law, or otherwise at our discretion. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Relationship of Parties: Nothing in these Terms creates a joint venture, partnership, employment, or agency relationship between you and us. We are an independent contractor to you. You are not authorized to make any commitments or representations on our behalf, and vice versa, except as expressly stated in these Terms or otherwise mutually agreed in writing.
Third-Party Beneficiaries: These Terms are for the benefit of you and us and our respective successors and permitted assigns. Except as expressly provided in these Terms, there are no third-party beneficiaries to these Terms. Your clients are not third-party beneficiaries; your rights and obligations with them are separate.
Force Majeure: We will not be liable for any failure or delay in our performance under these Terms (including provision of services) due to any cause beyond our reasonable control, such as acts of God, war, terrorism, cyber-attacks (despite adequate protections), civil disturbances, strikes or labor disputes, utility failures, interruptions of Internet service, pandemic or epidemic events, governmental action, or other force majeure events.
Notices: We may send you notices under these Terms (including legal or service notices) by email to the address associated with your account, by postal mail to the address you provided, by phone call or SMS to the number you provided (for urgent matters), or by postings within the dashboard or our website. You are responsible for keeping your contact information current. You may send notices to us by email at info@jdbusinessconsultant.co or by mail to 33 N 6th St, Suite 2, Haines City, FL 33844, USA, Attn: Legal/Terms Notification. Email notices from you to us will be deemed given when received by us (with confirmation of receipt, such as a reply). Notice by certified mail is recommended for formal or legal notices.
If you have any questions about these Terms & Conditions, or about the Service in general, please contact us at info@jdbusinessconsultant.co or +1 (863) 289-5586. We value our relationship with our clients and aim to be transparent and fair in all policies.
By using JDTaxs.com and our services, you acknowledge that you have read, understood, and agreed to these Terms and our Privacy Policy. Thank you for trusting JD Business Consultant (JDTaxs.com) to assist your practice with our mobile app development services. We look forward to helping you transform your tax or accounting business through technology.