This Mobile Application End User License Agreement (”Agreement”) is a binding agreement between you (”End User” or “you”) and Optima Tax Relief, LLC (”Company”).

This Agreement governs your use of the Optima Tax App available for download on the Apple App Store and Google Play, (including all related documentation, the “Application”). The Application is licensed, not sold, to you.

BY DOWNLOADING, INSTALLING, AND/OR UTILIZING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE, IF APPLICABLE.

  • 1. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and
    nontransferable license to:

    • (a) download, install, and use the Application for your personal, non-commercial use on a single mobile device, such as a compatible smartphone or tablet, owned or otherwise controlled by you (”Mobile Device”) strictly in accordance with the Application’s documentation; and
    • (b) access, stream, download, and use on such Mobile Device the Content and Services (as defined in Section 5) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to such content and Services as set forth in Section 5.
  • 2. License Restrictions. You shall not:
    • (a) copy the Application, except as expressly permitted by this license;
    • (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
    • (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
    • (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
    • (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
    • (f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application. rights thereto other than to use the Application in accordance with the license granted, and subject to all
  • 3. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other terms, conditions, and restrictions, under this Agreement. Company and its applicable licensors and service providers, if any, reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
  • 4. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policies located at: [LINK TO PRIVACY PAGE]. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policies.
  • 5. Content and Services. The Application may provide you with access to Company’s website located at https://www.optimataxrelief.com (the “Website”) and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, “Content and Services”). Your access to and use of such Content and Services are governed by the Website’s Terms of Use and Privacy Policies located at [LINK TO PRIVACY PAGE], which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policies and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application’s features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.
  • 6. Geographic Restrictions. The Content and Services are based in the United States and provided for access and use only by persons located in the United States. We make no claims that the Application or any of its content is accessible or appropriate outside of the United States. Content and Services not available in all states. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
  • 7. Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
    • (a) the Application will automatically download and install all available Updates; or
    • (b) you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

  • 8. Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (”Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
  • 9. Term and Termination.
    • (a) The term of Agreement commences when you download and/or install the Application and will continue in effect until terminated by you or Company as set forth in this Section 9.
    • (b) You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device(s).
    • (c) Company may terminate this Agreement and access to the Application at any time without notice and in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

Upon termination:

  • (i) all rights granted to you under this Agreement will also terminate; and
  • (ii) you must cease all use of the Application and delete all copies of the Application from your Mobile Device(s) and account.
  • Termination will not limit any of Company’s rights or remedies at law or in equity.
  • 10. Consent to be Contacted via ATDS, Prerecorded Message, and Text Message. You understand and acknowledge that by using the Application and providing a phone number, including a cellular phone number, via the Application at any point in time, you provide express written consent to be contacted by Company and its affiliates and tax services partners using automated dialing equipment, prerecorded or artificial voice messages (including interactive voice recognition), and SMS/MMS text messages to discuss the products and services offered by Company, its affiliates, and/or tax services partners, including telemarketing sales calls and information calls in response to your requests, to complete transactions, and to facilitate any service offering. You acknowledge and agree that you are authorized to receive calls at any number provided and to consent to receive calls from Company and its affiliates and tax services partners. Receipt of residential and cell phone calls (including text messages) may be subject to charges from your service provider. You also agree to receive e-mails from Company to any email address you provide, including e-mails to your Mobile Device.

The scope of this consent includes any contact related to or arising out of your use of the Application, your submission of a form or similar information including a phone number to Company via the Application, and subsequent contact regarding the products or services Company or its affiliates and/or tax services partners offer.

You agree that Company may monitor and record telephone conversations between you and Company. You also agree that Company may leave a message about your services at any number you provide to Company as your home or cell phone number.

    • 11. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS
      WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, 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 APPLICATION, 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, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION 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.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

    • 12. Limitation on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES,
      OR THEIR RESPECTIVE LICENCORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, OR DIRECTORS BE LIABLE
      FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY
      TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:

      • (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF
        GOODWILL, BUSINESS INTERRUPTION, DEVICE FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL,
        INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
      • (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. SOME JURISDICATIONS DO NOT ALLOW CERTAIN LIMITATION OF LIABLITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABLITY MAY NOT APPLY TO YOU.

  • 13. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, members, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit
    or make available through this Application.
  • 14. Export Regulation. The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
  • 15. Severability. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
  • 16. Governing Law. All matters relating to the Application and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provisions or rule.
  • 17. Arbitration of Dispute.
    • (a) TO THE EXTENT ALLOWED BY LAW, YOU AND COMPANY EACH AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN HIS/HER OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF ON A CLASS WIDE BASIS, FURTHER, COMPANY AND YOU WAIVE ANY RIGHT TO TRAIL BY A JURY IN ANY LAWSUIT, OR OTHER SIMILAR PROCEEDING.
    • (b) IN THE EVENT OF ANY CONTROVERSY, CLAIM OR DISPUTE BETWEEN YOU AND COMPANY ARISING OUT OF OR RELATING TO THE APPLICATION, THIS AGREEMENT, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABIILITY OF THIS AGREEMENT TO ARBITRATE, AND ANY CONTROVERSY, CLIAM OR DISPUTE ARISING PRIOR TO THIS AGREEMENT OR AFTER ITS TERMINATION ARISING OUT OF OR IN ANYWAY RELATED TO PHONE CALLS OR OTHER ATTEMPTED CONTACT, SHALL BE SOLELY DETERMINED BY BINDING ARBITRATION IN ORANGE COUNTY, CALIFORNIA, OR IN THE COUNTY IN WHICH YOU RESIDE, IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA FOR AGREEMENTS TO BE MADE AND TO BE PERFORMED IN CALIFORNIA, OR UNDER THE LAWS OF THE STATE IN WHICH YOU RESIDE FOR ANY OTHER AGREEMENTS.
    • (c) ANY CLAIMANT UNDER THIS AGREEMENT MUST FIRST SUBMIT TO THE OTHER PARTY A WRITTEN NOTICE OF THE CLAIMANT’S CLAIM AGAINST OR DISPUTE WITH THE OTHER PARTY. SUCH NOTICE MUST INCLUDE AN EXPLANATION OF THE CLAIM AND A STATEMENT OF THE CLAIMANT’S REQUEST FOR RESOLUTION. THE PARTY RECEIVING THE CLAIM OR DISPUTE SHALL THEN BE ENTITLED TO A PERIOD OF SIXTY (60) DAYS TO CURE SUCH CLAIM OR DISPUTE. IF THE PARTIES ARE UNABLE TO RESOLVE THE CLAIM OR DISPUTE WITHIN SUCH 60-DAY PERIOD, THEN THE CLAIM OR DISPUTE SHALL BE SOLELY RESOLVED, ON AN INDIVIDUAL, NON-CLASS BASIS, BY BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR. PRIOR TO THE CLAIMANT COMMENCING ARBITRATION, THE PARTIES SHALL MUTUALLY AGREE UPON THE ARBITRAL INSTITUTION THAT WILL ADMINISTER THE ARBITRATION. IN THE EVENT THAT NO ARBITRAL INSTITUTION CAN BE AGREED UPON, THEN THE PARTIES AGREE TO USE JAMS. THE ARBITRATION SHALL BE ADMINISTERED PURSUANT TO THE MUTUALLY AGREED ARBITRAL INSTITUTION’S RULE AND PROCEDURES AND A SINGLE ARBITRATOR WILL BE SELECTED THEREFROM. (d) THE ARBITRATOR SHALL BE NEUTRAL AND INDEPENDENT, LICENSED TO PRACTICE LAW IN THE JURISDICTION WHERE THE ARBITRATION IS TAKING PLACE, AND SHALL COMPLY WITH THE ARBITRAL INSTITUTION’S CODE OF ETHICS AND HAVE EXPERIENCE IN THE SUBJECT MATTER OF THE DISPUTE. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO GRANT ANY REMEDY OR RELIEF THAT THE ARBITRATOR DEEMS JUST AND EQUITABLE AND WITHIN THE SCOPE OF THE AGREEMENT OF THE PARTIES PROVIDED IT IS INDIVIDUAL IN NATURE AND ALLOWABLE WITHIN RELEVANT STATE LAW. THE ARBITRATOR SHALL ISSUE A REASONED AWARD FOLLOWING THE APPLICABLE LAW AND SUCH AWARD SHALL BE FINAL AND SHALL NOT BE SUBJECT TO VACATION OR MODIFICATION. THE AWARD AND THE RECORD IN ARBITRATION SHALL BE CONFIDENTIAL, EXCEPT THAT JUDGMENT ON THE AWARD MADE BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION OVER THE PARTIES. IF EITHER PARTY FAILS TO COMPLY WITH THE ARBITRATOR’S AWARD, THE PREVAILING PARTY MAY PETITION THE COURT FOR ENFORCEMENT. THE PARTIES AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN
      ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDINGS. TO THE EXTENT PERMITTED BY LAW, THE PARTIES SHALL BEAR THE COST OF ARBITRATION, INCLUDING ATTORNEY’S FEES, SEPARATELY. IF THE ARBITRATOR DETERMINES THAT A PARTY HAS GENERALLY PREVAILED IN THE ARBITRATION PRECEDING, THEN THE ARBITRATOR SHALL AWARD TO THAT PARTY ITS REASONABLE ATTORNEY’S FEES AND LEGAL COSTS. IN THE EVENT A PARTY FAILS TO PROCEED WITH ARBITRATION OR UNSUCCESSFULLY CHALLENGES THE ARBITRATOR’S AWARD, THE OTHER PARTY IS ENTITLED TO COSTS OF SUIT, INCLUDING REASONABLE ATTORNEY’S FEE FOR HAVING TO COMPEL ARBITRATION OR DEFEND OR ENFORCE THE AWARD. THIS SECTION AND THE REQUIREMENT TO ARBITRATE SHALL SURVIVE ANY TERMINATION OF THISMOBILE APPLICATION END USER LICENSE AGREEMENT OR USE OF THE APPLICATION.
    • (e) SHOULD ANY PROVISION OF THIS ARBITRATION AGREEMENT – EXCEPTING THE REQUIRMENT THAT ARIBTRATION PROCEED ON AN INDIVIDUAL BASIS ONLY – BE DEEMED UNENFORCEABLE, IT SHALL BE DEEMED SEVERABLE AND THE REAMAINDER OF THE ARBITRATION AGREEMENT SHALL BE ENFORCED.
  • 18. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  • 19. Entire Agreement. This Agreement and our Privacy Policies constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
  • 20. Waiver. Company’s failure or delay to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. No waiver by Company of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

Last Updated: 02/16/2023