Last Updated: February 17, 2022
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for you to access our Service or parts of our Service.
Company (referred to as either "the Company", "We", "Us", or "Our" in this Agreement) refers to CPA Soft LLC, D/B/A ElephantCPA, Totowa, NJ 07512.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by you, regardless of the form of that content.
Device means any device that can access the Service such as but not limited to a computer, a mobile phone, or a digital tablet.
Feedback means feedback, innovations or suggestions sent by you regarding the attributes, performance, or features of our Service.
Free Trial refers to access to our Service for a limited period of time that we may provide to you without charge, including access before an initial Subscription purchase, or as part of an initial Subscription purchase.
Goods refer to the items offered for sale on the Service.
Orders mean a request by you to purchase Goods from Us.
Personal Information refers to any information you may provide to us, or that we collect or deduce about you, that identifies, or could identify, who you are. This may include but is not limited to your name, address, date of birth, gender, email address, internet protocol (IP) address, browser and other signaling information, social security number, and driver’s license or identification (ID) number.
Promotions refer to contests, sweepstakes, or other promotions offered through the Service.
Service refers to any functionality and/or product that We may make available or provide to you.
Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to you.
Terms and Conditions (also referred as "Terms") mean the Terms and Conditions stated here that form the entire agreement between you and the Company regarding the use of the Service.
Third-party Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included, used by, or made available by the Service.
Users refers collectively to anyone who has access to the Service via an approved, secure login account. This includes the following:
Firm User refers to the accounts created as a user of the Service and under the primary Subscription of the Firm, to have access to, and to use the Service. This includes both active Firm Users who are granted permission to access the Service and inactive Firm Users whose permission to access the Service has been temporarily or permanently revoked.
Firm Clients refers to the clients of the Firm who have access to and use the Service.
Firm refers to the company or other legal entity on behalf of which the User is accessing or using the Service.
Website refers to the ElephantCPA website, accessible from http://www.elephantcpa.com.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between you and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions then you may not access the Service.
You represent that you are over the age of 18. Through this agreement, the Company does not grant permission to those under 18 from using the Service.
Placing Orders for Goods
By placing an Order for Goods offered by the Company, you warrant that you are legally capable of entering into binding contracts.
If you wish to place an Order for Goods available on the Service, you may be asked to supply, and we may collect or process, certain information relevant to your Order including, but not limited to Personal Information. You consent to our collection, use, and/or processing your Personal Information for the purposes of fulfilling your Order for Goods on the Service. By submitting such information, you also consent to the sharing of your Personal Information, and other information you provide, to payment processing third parties for purposes of facilitating or fulfilling your Order.
You represent and warrant that: (i) you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information you supply to us is true, correct, and complete.
Goods Order Cancellation
We reserve the right to refuse or cancel your Order at any time for certain reasons including but not limited to:
Errors in the description or prices for Goods
Errors in your Order
We reserve the right to refuse or cancel your Order if fraud or an unauthorized or illegal transaction is suspected.
Your Goods Order Cancellation Rights
Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Refunds Policy.
Our Refunds Policy forms a part of these Terms and Conditions. Please read our Refunds Policy terms to learn more about your right to cancel your Order.
Availability, Errors and Inaccuracies
We continually update Our offerings of Goods. The Goods available on the Website may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Website and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, and availability. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action or regulations, industry standards, increased data storage and other operational costs, and any other matter beyond the control of the Company. In that event, you will have the right to cancel your Order.
Payment can be made through various payment methods we have available, such as Visa, MasterCard, American Express cards, or online payment methods (Stripe, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of your Order.
By signing up for Goods offered by the Company, you warrant that you are legally capable of entering into binding contracts.
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly, or annually), depending on the type of Subscription plan you select when purchasing the Subscription, and as noted here.
Monthly Subscription: When you purchase a Monthly Subscription Service, you will be billed monthly, and in advance for the upcoming month of Service, based on your number of active Firm Users. At the end of each period, your Subscription will automatically renew under the exact same conditions unless you or the Company cancels it.
Annual Subscription: When you purchase an Annual Subscription Service, you will be billed once for a 12-month period, at a discounted rate, based on your desired number of Firm Users. At the end of the Annual Subscription period, you will have the option to purchase another Annual Subscription or transition to a Monthly Subscription.
Subscription Cancellations and Refunds Policy
Subscription cancellations vary based on the type of Subscription.
Monthly Subscription Cancellation: You may cancel your Monthly Subscription renewal either through your Account settings page or by contacting the Company. You will be able to access the Service until the end of your current Subscription period. Except when required by law, Monthly Subscription fees that have been paid are non-refundable.
Annual Subscription Cancellations: You may cancel your Annual Subscription and request a refund for the remainder of the Annual Subscription period. There will be an additional cancellation fee of 25% of the total contract price for cancellation of Annual Subscription contracts. All access to the Service for all Firms, Firm Users and Firm Clients will be terminated upon Annual Subscription cancellation.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method.
For Subscriptions offering recurring billing (e.g., Monthly Subscription Service), should automatic billing fail to occur for any reason, the Subscription will be suspended until the billing information is corrected on the Website.
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period.
You may be required to enter your billing information in order to sign up for the Free Trial. In such case, if you do enter your billing information when signing up for a Free Trial, you will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless you have cancelled your Subscription, you will be automatically charged the applicable Subscription fee(s) for the type of Subscription you have selected.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
When you create an account with Us, you agree to provide accurate, complete, and current information to Us. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account on Our Service, without notice.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with Our Service or a Third-Party Service.
You agree not to disclose your password to another individual, business, or third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or one that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Your Right to Post Content
Our Service allows you to post Content. You are responsible for the Content that you, the Firm, Firm Users, or Firm Clients post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant Us the right and license to display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post, or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for Us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.
The Company is not responsible for the content of the Service's users. You expressly understand and agree that you are solely responsible for the Content and for all activity that occurs under your account, whether done so by you or any third person using your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine or randomly generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
Impersonating any person or entity including the Company and its employees or representatives.
Violating the privacy of any third person.
False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, and to refuse or remove Content. The Company can also limit or revoke your use of the Service if you post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service you may be exposed to content that you may find offensive, indecent, incorrect, or objectionable, and you agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But you acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of our copyright agent via email at email@example.com and include in your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that you claim is infringing is located.
Your address, telephone number, and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our copyright agent via email at firstname.lastname@example.org. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
The Service and its original content (excluding Content provided by you or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title, and interest in any Feedback you provide the Company. If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions. Upon termination, your right to use the Service will cease immediately.
If you wish to terminate your Account, you may simply discontinue using the Service and notify Us of the cancellation of your Subscription.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of the Company under any provision of this Terms, your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Service or $100 if you haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage. or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards, or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the state of New Jersey, notwithstanding any conflicts of law rules, shall govern these Terms and your use of the Service. your use of the Application may subject you to additional compliance with local, state, national, or international laws or regulations.
If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Federal Government End Use Provisions
If you are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
This Terms and Conditions may have been translated if We have made them available to you on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace this Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, you can contact us
By email: email@example.com
By visiting this page on our website: http://www.elephantcpa.com/contact