Terms of Service

Last updated: February 1, 2025

1. Acceptance of Terms

Welcome to Upstaxx. By accessing or using the Upstaxx website, applications, and services (collectively, the "Platform"), you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and our Tax Disclaimer. If you do not agree to these Terms, do not use the Platform.

"We," "us," and "our" refer to Upstaxx, Inc. "You" and "your" refer to you, the user of the Platform.

2. Eligibility

You must be at least 18 years old and a legal resident of the United States to use the Platform. By using the Platform, you represent and warrant that you meet these requirements and have the legal capacity to enter into these Terms.

3. Account Registration

  • You must create an account to access most features of the Platform.
  • You are responsible for maintaining the confidentiality of your account credentials.
  • You agree to provide accurate, current, and complete information during registration and to update it as necessary.
  • You are responsible for all activity that occurs under your account.
  • You must notify us immediately of any unauthorized use of your account.
  • We reserve the right to suspend or terminate accounts that violate these Terms.

4. Description of Services

Upstaxx provides a technology platform that helps users organize financial information, identify potential tax savings opportunities, track expenses, manage mileage, and prepare documentation for tax professionals. Our services include but are not limited to:

  • Tax strategy recommendations and educational content
  • Automated expense categorization and deduction identification
  • Mileage tracking and logging
  • Receipt scanning and document management
  • Tax form pre-filling and CPA package generation
  • AI-powered tax assistant (Mr. Green)
  • Bookkeeping automation (Bookstack)
  • Tax credits scanning
  • Financial projections and wealth planning tools

Important: As described in our Tax Disclaimer, Upstaxx is not a CPA firm or tax advisory practice. Our services are informational and educational in nature. Always consult a qualified tax professional before making tax decisions.

5. Subscriptions & Payments

5.1 Subscription Plans

Certain features of the Platform require a paid subscription. Subscription plans, pricing, and features are described on our Pricing page and may change from time to time.

5.2 Free Trial

We may offer a free trial period. At the end of the trial, your subscription will automatically convert to a paid plan unless you cancel before the trial ends.

5.3 Billing

  • Subscriptions are billed in advance on a recurring basis (monthly or annually, depending on your plan).
  • All payments are processed through Stripe. By subscribing, you agree to Stripe's terms of service.
  • You authorize us to charge your payment method for all fees associated with your subscription.

5.4 Cancellation & Refunds

  • You may cancel your subscription at any time through your account settings.
  • Cancellation takes effect at the end of the current billing period. You will retain access until then.
  • Refunds are handled on a case-by-case basis. Contact support@upstaxx.com for refund requests.

6. Third-Party Integrations

The Platform integrates with third-party services including Plaid (bank account connections), Stripe (payments), Coinbase, Robinhood, QuickBooks, and others. By using these integrations:

  • You authorize Upstaxx to access and retrieve your financial data from these services.
  • You agree to comply with the terms of service of each third-party provider.
  • You acknowledge that third-party services are beyond our control and we are not responsible for their availability, accuracy, or security practices.
  • You may disconnect third-party integrations at any time through your account settings.

7. Intellectual Property

The Platform, including all content, features, designs, code, algorithms, and branding, is owned by Upstaxx and protected by copyright, trademark, and other intellectual property laws. You may not:

  • Copy, modify, distribute, or create derivative works based on the Platform.
  • Reverse engineer, decompile, or disassemble any part of the Platform.
  • Use the Platform for any commercial purpose other than its intended use.
  • Remove or alter any proprietary notices or labels.

8. User Content

You retain ownership of all data, documents, and content you submit to the Platform ("User Content"). By submitting User Content, you grant Upstaxx a non-exclusive, worldwide, royalty-free license to use, process, store, and display your User Content solely for the purpose of providing and improving the Platform's services to you.

You represent and warrant that you have all necessary rights to submit your User Content and that it does not violate any third-party rights or applicable laws.

9. Prohibited Uses

You agree not to use the Platform to:

  • Violate any applicable law, regulation, or third-party rights.
  • Submit false, misleading, or fraudulent information.
  • Attempt to gain unauthorized access to the Platform or its systems.
  • Interfere with or disrupt the Platform's operation or infrastructure.
  • Use automated means (bots, scrapers) to access the Platform without authorization.
  • Facilitate tax evasion or any illegal activity.
  • Resell, sublicense, or commercially exploit the Platform without authorization.

10. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT, INCLUDING TAX STRATEGIES, CALCULATIONS, AND AI-GENERATED RESPONSES.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UPSTAXX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Upstaxx and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney's fees) arising from your use of the Platform, your violation of these Terms, or your violation of any third-party rights.

13. Dispute Resolution

Any dispute arising from or relating to these Terms or the Platform shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. Arbitration shall take place in the State of Delaware. You agree to waive any right to a jury trial or to participate in a class action.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Platform and updating the "Last updated" date. Your continued use of the Platform after changes are posted constitutes acceptance of the revised Terms.

16. Termination

We may terminate or suspend your account and access to the Platform at any time, with or without cause and with or without notice, including for violation of these Terms. Upon termination, your right to use the Platform ceases immediately. Provisions that by their nature should survive termination shall survive, including ownership, warranty disclaimers, indemnification, and limitations of liability.

17. Severability

If any provision of these Terms is held to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

18. Contact Us

If you have questions about these Terms, please contact us at:

Upstaxx, Inc.

Email: legal@upstaxx.com

Website: www.upstaxx.com