Formidium Corp. serves this website. We understand that your privacy is important for you and that is why we are committed to protecting it. In order to do that, we have set up many protocols and procedures which ensure that your information is always in responsible hands and in accordance with our privacy laws. We are grateful for your trust and can assure you that we would act in a way that is beneficial for you. The below provided privacy policy describes all the points about the information we collect from you and how we use it. From time to time, we also update our privacy policy and post its effective date accordingly.
This privacy policy applies whenever you use CryptoTax360 and browse www.cryptotax360.io. CryptoTax360 can lead you to use a third-party app on devices with operating systems like Android, iOS, or Microsoft windows. Whenever there is any use of your personal information or if it is being used by a third party, then this privacy policy applies unless you visit an external site through our website, in which case, refer to ‘General information’ and ‘Links to third party site’. Under this policy, all the electronic devices are covered, example, computer, laptop, tablet, mobile phone, or any other consumer electronic device.
Certain other sites are linked to our site and although we are not responsible for any content mentioned in those linked sites, we encourage you to go through their privacy policies thoroughly. The external sites are not in our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. These links are provided for your convenience to provide further information and the inclusion of any link does not imply endorsement by us of such site.
You can visit www.cryptotax360.io anytime, but you need to provide certain basic information if you wish to get associated with us and know about CryptoTax360.
We may collect information when you register with us, apply to use any of our services, become our client, Contact us in person or through the email ids mentioned on the ‘Contact us’ page on our website. We may also collect your information when you contact our support team, or when you or your organization offer to provide services to us.
When you create an account with us or request us to create an account for you, you have to provide certain personal information along with your desired username and password. Once the account is created, to log-in to your account, you would also have to create a desired password while your email address would be used as your username.
Any personal information that you share with us, example your name, address, telephone number, street address, email address along with insurance and bank related information, wallet information, fund name, account name etc. shall be kept private and confidential.
This is the information which is collected automatically from every person who visits or browses our site. This information allows us to identify you and statistics related to you. It includes the date and time of your visit, the amount of time you spent on the site, your language preference, IP address etc. Apart from that, we may also be interested in the device related information like the model of your device, its operating system, and the name of the network company.
In certain circumstances, we collect personal information about you from a third-party source, for example, we may collect personal information from other government agencies, a credit reporting agency, fraud prevention agencies, financial crime agencies, an information or service provider, some of which form part of publicly available records.
Cookies enhance the experience of a person when they visit a site which is the reason we also use cookies to gather information about you which in turn would be helpful for us to identify you easily the next time. We transfer a cookie text file to the hard drive of your computer and then a unique number is assigned to your computer. This unique number helps us to recognize your computer and know how you browse our site.
The categories of cookies used are:
You have the option of blocking or not allowing cookies, which is provided by most of the web browsers alerting you every time a cookie is being delivered to your computer system.
It is important for you to know how and where we put your information to use. All the data collected is subject to our privacy policy and terms of use.
When you provide personal information to us, we may use it for any of the purposes described below:
We usually use the information to analyze what part of our site is visited most frequently and the services most searched for. This helps us design and alter our site in a better way to suit your convenience. Apart from that, your personal information may also be used for our commercial purposes. This includes offering you specified offers, products or services based on your personal information and frequent searches. Moreover, our subsidiaries may also have access to all this. For your interest, we may also need your email address to send you all the information related to our products and services.
We are only allowed to process personal information collected if we have a lawful basis to do so.
We at Formidium process personal information if we have a legal basis. Out of the six lawful bases allowed under the GDPR; our legal bases are as follows:
We understand that you trust us and that is why we assure you that we will use your personal information only in good faith. It would only be used for your benefit or if it helps us serve you in a better way.
You have the right to stop receiving notifications from us at any time. Through our 'opt-out' policy, you can manage your subscriptions or unsubscribe from our emails. However, please note that you cannot opt out of receiving communications related to your transactions or account with us.
It is important for us to keep your personal information updated at all times and hence, we want you to keep it up to date by making changes to your account from time to time. You can log into your account anytime to modify the information. We suggest you keep it updated so that we may not have any future hindrances related to it. If you have any doubt related to your personal information, you can ask for a copy and we will send it to you, but to access this you would have to provide us with your valid identity proof and if you fail to do so, we reserve the right to not send it to you.
Although no method on the internet is 100% secure to protect private information, we strive to use the best methods to keep it safe. We have placed security protocols in all our databases, computer systems, other devices, and communication networks. So, the chance of information getting leaked is at a minimum. We take appropriate security measures (including physical, electronic and procedural) to help protect the confidentiality, integrity and availability of your personal information from unauthorized access and disclosure.
It is also your duty to protect your information by not sharing it with others. You must never tell anyone your username and password and if you notice any unauthorized use of your account, it should be notified to us as soon as possible.
This privacy policy applies only to our site and not to any other third party site. While browsing our site, there are chances that you may get redirected to any third-party links which is not in our control and sometimes we may also link external sites to our site. We suggest you go through their privacy policy as well to avoid any confusion. We are not responsible for any personal information they extract from you.
We are committed to only keeping your personal information for as long as we need to in order to fulfill the relevant purpose(s) it was collected for, as set out above in this policy and for as long as we are required or permitted to keep it by law.
We retain copies of our customer contracts in order to enable us to deal with any legal issues and the information provided to us for identification and verification checks, financial crime and anti-money laundering checks (as required by law) for at least 7 years after termination or expiry of our contract with you.
We may need to transfer your personal information within the Formidium group and to third parties, as noted above in connection with the purposes set out in this policy. For this reason, we may transfer your personal information to other countries that may have different laws and data protection compliance requirements, including data protection laws. If we do so, we will ensure that this is in accordance with the law and take appropriate measures to ensure that the level of protection which applies to your personal information processed in these countries is similar to that which applies.
If you want to receive more information about the safeguards applied to international transfers of personal information, please use the contact details provided below.
Subject to GDPR, EU data subjects may have several rights regarding the processing of personal information including:
You being the user have certain rights in respect of your own personal information. The rights given in respect to your personal information, subject to any exemptions provided by law, including right to:
To exercise one or more of these rights, or to ask a question about these rights or any other provision of this policy, or about our processing of your personal information, you may Contact us at the below mentioned contact information. We may request that you prove your identity by providing us with a copy of a valid means of identification in order for us to comply with our security obligations and to prevent unauthorized disclosure of personal information.
Time to time, we may have to change our privacy policy in accordance with new laws and changing technology. We encourage you to visit our site frequently to see if there is any material change. It is very important for us to update our policies to serve you better. Whenever we make a change, it would reflect the new effective date. So, we suggest you to always look for the revised effective date or use ‘Contact us’ to know about any changes.
Whenever you need to enquire from us about this privacy policy, you can write to us at 3025 Highland Pkwy Suite 330, Downers Grove, IL 60515. You can also call us at +1-217-282-7291 or email at info@cryptotax360.io. We are always at your service and ready to clarify all your doubts.
Please review the Terms of Use (‘TOU’) carefully. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern our relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website. We reserve the right to update and modify the TOU at any time without notice to you. When we make updates to the TOU, we will update the effective date of the TOU. By using the website after a new version of the TOU has been posted, you agree to the terms of such new version.
The term ‘our’ or ‘us’ or ‘we’ refers to Formidium Corp. The term ‘you’ refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
Whenever you need to enquire from us about this terms of use, you can write to us at 3025 Highland Pkwy Suite 330, Downers Grove, IL 60515. You can also call us at +1-217-282-7291 or email at info@cryptotax360.io.
This CryptoTax360 User Agreement (the "Agreement" or “Terms and Conditions”) governs your use of the CryptoTax360 product as provided by Formidium Corp. (formerly Sudrania Fund Services Corp.), located at 3025 Highland Pkwy Suite 330, Downers Grove, IL 60515 (“Formidium”).
You and/or your employer, company, organization, or principal, as applicable, are defined in this Agreement as the "Client." The Client and Formidium are also referred to herein as the "Parties" and individually as a "Party."
IMPORTANT: UPON CREATING AN ACCOUNT WITH CRYPTOTAX360 AND/OR BEING GRANTED ACCESS TO OR USING OR SUBSCRIBING TO CRYPTOTAX360 OR ANYONE BROWSING THIS WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS WILL APPLY TO YOUR USE OF CRYPTOTAX360 THAT FORMIDUM OFFERS FROM TIME TO TIME.
CryptoTax360 is provided via the internet and are a software-as-a-service arrangement.
If you are granted access to or use of or subscribe to CryptoTax360, or if you click "I agree," or if you take any other affirmative action indicating acceptance of this Agreement, then you have agreed to these Terms and Conditions. If you are an agent or employee of the intended individual or entity granted access or subscriber or user, then you represent and warrant that you are authorized to bind such individual or entity or subscriber or user to this Agreement. If you do not agree to this Agreement, then you are not authorized to use this product.
a) Administrator: those person(s) that the Client designate(s) to purchase or subscribe, on behalf of the Client, use of CryptoTax360, authorize Users under the Agreement, create accounts for additional Users and otherwise administer the Client's use of CryptoTax360.
b) Edition: Edition defines the specific Components, features, limits, and/or use restrictions applicable to the Client’s subscription or use or access level. From time to time, new Components or features will be introduced to CryptoTax360, and those Components or features may be restricted to specific Editions. New named Editions may also be introduced from time to time. Any white-labelled Edition will be identified with the name agreed upon with the Client for such a white labelled solution.
The Components and features of the white-CrytoTax360 Editions may be different than CryptoTax360. Formidium may also develop and release Editions that are priced differently (which may be higher or lower) than the Edition the Client is using or granted access to or has subscribed to. The Client will not get an automatic upgrade to such Editions unless a separate agreement for the other Edition is executed. The Components and features of such Editions may be different than CryptoTax360.
c) Effective Date: the date on which the Client’s access or use or subscription to CryptoTax360 begins.
d) Components: the individual modules or products that comprise the CryptoTax360. From time to time, Formidium may, at its discretion, introduce or remove features and functions of the Components, or add Components.
e) Controller: a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
f) Client Data: any of the Client’s information, documents, or electronic files that are provided or uploaded in order to use CryptoTax360.
g) Documentation: the online documentation concerning the features, functionality, and use of CryptoTax360 provided at www.cryptotax360.io.
h) Error: any reproducible material failure of CryptoTax360 to function substantially in accordance with Documentation.
i) Maintenance Windows: for both standard maintenance and emergency maintenance. Standard maintenance windows will be published in advance on CryptoTax360’s website, and the Clients will also receive emails. Emergency maintenance will occur as needed, with reasonable efforts made to publish and notify the Client of emergency maintenance. It is possible that advance notification of an emergency window may not occur.
j) Personal Data: any information relating to a person (a ‘data subject’) who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical physiological, genetic, mental, economic, cultural or social identity of that person.
k) Processor: a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
l) Processing: means any operation or set of operations which is performed on personal information or on sets of personal data whether or not by automated means, such as collection, recording, organization, structuring, storage, alteration, retrieval, consultation, use, disclosure, dissemination, restriction, erasure or destruction.
m) Standard Contractual Clauses: means an agreement that will be executed by and between Controller and Processor pursuant to the European Commission’s decision (EU) 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to processors established in third countries which do not ensure an adequate level of protection pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council.
n) Support: the ongoing support services that Formidium provides to support your use of CryptoTax360, as described below in Section 3.
o) Update: any patch, bug x, release, version, modification, or successor to CryptoTax360.
p) User: a named individual to whom the Client has granted access to use CryptoTax360 on the Client’s behalf.
Formidium owns all right, title, and interest in and to CryptoTax360, and all intellectual property rights subsisting therein and/or associated therewith, including but not limited to, all patents, copyrights, source code, trademarks, and trade secrets. Client owns its Client Data.
a) Use Rights. The Client 's Users and any other users signing up on the website are the only individuals with the right to access and use CryptoTax360. All use of CryptoTax360 is for the Client's business purposes only. Use rights are non- transferable to another customer or entity unless Formidium is notified in writing in advance and Formidium provides its consent. As a condition of transfer, any transferee agrees to be bound by this Agreement. The Client must ensure that all access, use and receipt by Users is subject to and in compliance with this Agreement. The Client will not use CryptoTax360 in any way that violates the terms of this Agreement or for any purpose or in any manner that is unlawful or prohibited by this Agreement.
b) Use Restrictions. The Client shall not, directly or indirectly, alone or with another party, download CryptoTax360, modify CryptoTax360, reverse engineer or decompile, or create derivative works based upon CryptoTax360.
The Client shall not license, sell, rent, lease, transfer, grant any rights in or otherwise commercially exploit CryptoTax360. The Client also agrees not to interrupt or attempt to interrupt the operation of CryptoTax360 in any manner. The Client shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from CryptoTax360.
c) Administrator. The Client shall designate one or more Administrators responsible for managing User access to CryptoTax360, including adding and deleting Users. Users shall not share passwords/usernames.
d) Client Data. Formidium acknowledges and agrees that the Client owns, and shall remain the owner of, all right, title and interest in and to the Client Data and Formidium has no ownership rights with respect thereto; provided, however, that the Client grants Formidium and its affiliates a nonexclusive, non- transferable (except as provided in this Agreement), non-sublicensable right and license to use, copy, transmit, modify and display Client Data solely for purposes of enabling the Client’s use of CryptoTax360. Except as the Client may otherwise permit, Formidium shall not use, copy or display Client Data except to improve CryptoTax360 or generate anonymous statistical analysis, trends or indexes, and/or as necessary to perform its obligations hereunder. Formidium will employ industry standard protection to prevent unauthorized disclosure or exposure of Client Data.
e) Client Responsibilities. The Client assumes all risks arising from the use of CryptoTax360, including the risk of any inadvertent disclosure or unauthorized access of any private or confidential data, Client Data, or other private information uploaded to CryptoTax360.
f) Security. Formidium shall undertake commercially reasonable efforts to make CryptoTax360 secure from cyber-attacks. However, the Client is solely responsible for maintaining the security of all usernames and passwords granted, for the security of its information systems used to access CryptoTax360, and for its Users’ compliance with the terms and obligations of this Agreement. The Client will immediately notify Formidium if it becomes aware of any loss or theft or unauthorized use of any of the Client or User passwords or usernames. Formidium may, in its discretion, terminate or suspend access to any User or the Client if Formidium believes that such termination or suspension is necessary to preserve the security, integrity, or accessibility of any of CryptoTax360.
a) Services Generally. Formidium shall undertake commercially reasonable efforts to make CryptoTax360 available to the Client on a 24/7 basis, subject to Maintenance Windows, but does not guarantee or warrant to the Client that access to CryptoTax360 will always be available.
b) Updates. Formidium may, from time to time, make Updates to CryptoTax360 that apply to the Client’s Edition at no additional charge. From time to time, new Components or features may be released that are applied selectively to different Editions of CryptoTax360. Only those Updates that apply to the Client’s Edition will be delivered automatically to the Client at no additional charge.
c) Support Options and Procedures. Formidium shall provide general support to the Client and its Users as described in the ‘Contact Us’ section of CryptoTax360 website, or within CryptoTax360. Formidium may offer premium support options to the Client at an additional charge.
d) Error Correction. Formidium shall use commercially reasonable efforts to correct all Errors, to provide a reasonable workaround, and to maintain 24/7 availability to CryptoTax360. The Client shall provide such access, information, and support as Formidium may reasonably require for Error support. Formidium has no other liability to the Client for Errors or unavailability of CryptoTax360. Without limiting the foregoing, Formidium is not obligated to correct any Errors or provide any other support if such Errors or need for support was created in whole or in part by: (i) the Client’s acts, omissions, negligence or willful misconduct, including any breach of applicable law, rule or regulation or this Agreement or any changes to the Client’s operating environment; (ii) any failure or defect of the Client’s or a third-party’s equipment, software, facilities, applications, or internet connectivity; or (iii) a cause outside the control of Formidium, such as a Force Majeure Event. A Force Majeure Event is defined as acts of God, war, labor disputes or strikes, riot, piracy, sabotage, storm, terrorist attack, fire, pandemic or quarantine restrictions, acts of governmental agencies, regulators or authorities, equipment or transmission failure or damage, electrical, internet, or telecommunication outage, in each case, reasonably beyond its control, or other causes reasonably beyond its control.
e) Limitation of Remedies. Section 3 sets forth the Client’s sole remedies for any Errors or unavailability of CryptoTax360.
In consideration for making CryptoTax360 available to the Client hereunder, the Client shall pay Formidium any applicable Subscription Fees as described on the CryptoTax360 website or as otherwise mutually agreed upon. All Subscription Fees shall be paid in a timely manner. In the event of the Client’s failure to pay the Subscription Fees, Formidium may immediately and without notice to the Client discontinue and terminate the Client’s access to CryptoTax360. The Client will receive notice of changes in pricing at least 60 days before the change in pricing will take effect.
a) Term. The Term of this Agreement commences on the Effective Date hereof. If the Client has an annual Subscription Fee, then the Term will continue until the one-year anniversary of the Effective Date and will automatically renew for additional annual terms and the payment of subsequent annual Subscription Fees will be due on the date of the renewal. If the Client has elected a monthly recurring Subscription Fee, this Agreement will continue until a Party notifies the other Party at least 30 days in advance of its intention to terminate.
b) Termination for Cause. Formidium can terminate this Agreement: (i) immediately upon any failure to pay by the Client; (ii) immediately upon (A) any breach by the Client of Section 2(a) or (b); or (B) the occurrence of any cause mentioned in Section 3(d); (iii) within 10 days of written notice for any other breach, specifying the breach, if such breach remains uncured at the expiration of such period; or (iv) immediately, if the Client becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, cessation of business, liquidation or assignment for the benefit of creditors.
c) Obligations Upon Termination. Upon any termination of this Agreement, Formidium shall immediately terminate the Client’s use of and access to CryptoTax360. CUSTOMER ACKNOWLEDGES THAT IF CUSTOMER IS USING AN EDITION OF CryptoTax360 THAT IS PROVIDED FREE OF CHARGE, OR AN ALPHA OR BETA VERSION, THEN FORMIDIUM IS UNDER NO OBLIGATION TO MAKE OR CONTINUE TO PROVIDE ACCESS TO CryptoTax360, AND ALL USE OF SUCH EDITION OF CryptoTax360 IS AT CUSTOMER’S SOLE RISK.
a) Confidential Information. "Confidential Information" means any and all tangible and intangible information (whether written or otherwise recorded or oral) of a Party that: (i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use and is the subject of efforts that are reasonable under the circumstances to maintain its secrecy; or (ii) the disclosing Party designates as confidential or, given the nature of the information or the circumstances surrounding its disclosure, reasonably should be considered as confidential. Confidential Information includes, without limitation: (i) non-public information relating to a Party’s technology, customers, business plans, promotional and marketing activities, finances, and other business affairs; (ii) third-party information that the Client or Formidium is obligated to keep confidential; and (iii) Client Data. Notwithstanding the above, the term "Confidential Information" does not include any information that is either: readily discernible from publicly available products or literature; is rightfully in a Party’s possession; is approved for disclosure; is disclosed according to a valid court order or is required to be disclosed under any federal, state, or local law, statute, rule or regulation, subpoena or legal process.
b) Use of Confidential Information. Each Party shall only use Confidential Information furnished to it hereunder in furtherance of the activities contemplated by this Agreement, and, except as authorized in this Agreement, it shall not disclose the Confidential Information to any other persons without the disclosing Party’s express written authorization.
a) IP Indemnity. Formidium shall defend, indemnify and hold harmless the Client from and against any final judgment, including an award of reasonable attorney’s fees, that may be awarded by a court of competent jurisdiction against the Client, resulting from any third-party claim, suit or proceeding that arises directly from the Client’s use of CryptoTax360 in accordance with this Agreement that infringes or misappropriates any U.S. trade secret, trademark, or copyright (“Claim”).
Notwithstanding the foregoing Formidium will have no indemnity obligation to the Client if the alleged infringement or misappropriation is based on (i) any combination, operation, or use of CryptoTax360 with products, services, information, materials, technologies, business methods or processes not furnished by Formidium to the extent the infringement or misappropriation is based on such combination, operations or use;(ii) any modification (other than by Formidium) to CryptoTax360 to the extent the infringement or misappropriation is based on such modification; (iii) use of CryptoTax360 in violation of or outside the scope of this Agreement, (iv) an allegation that CryptoTax360 consist of a function, system or method traditionally utilized in similar software that is not commercially unique to CryptoTax360, and the commercially unique aspects of CryptoTax360 are not identified in the allegation giving rise to the Claim, or (v) user interface or related user design elements not provided by Formidium, or (vi) Client’s or its personnel’s omissions, negligence or wilful misconduct, or (vii) Client’s breach of contract, or (viii) pre-existing conditions or events that occurred before this agreement was accepted, or (ix) any Force Majeure Event, or (x) any unauthorized actions taken by the Client or actions outside the scope of this agreement.
The foregoing indemnity is subject to the Client: notifying Formidium in writing within thirty (30) days of becoming aware of any such Claim; giving Formidium sole control of the defense or settlement of such a Claim; and providing Formidium with any and all information and assistance reasonably requested by Formidium to handle the defense or settlement of the Claim.
Notwithstanding the foregoing, in the event of such a claim, or if Formidium believes that such a Claim is likely, Formidium may, at its sole option and expense: (a) modify CryptoTax360 or provide the Client with a substitute that is non-infringing; or (b) obtain a license or permission for the Client to continue to use CryptoTax360, at no additional cost to the Client; or (c) if neither (a) nor (b) is, in Formidium’s judgment, commercially practicable, terminate the Client’s access to CryptoTax360 (or to a portion of CryptoTax360 as necessary to resolve the claimed infringement) and refund any prepaid but unused fees covering use of CryptoTax360 after termination. THIS SECTION 7(a) STATES FORMIDIUM’S ENTIRE LIABILITY AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM PROVIDED FOR UNDER THIS SECTION 7(a).
FOR CUSTOMERS USING ONLY A FREE, ALPHA OR BETA EDITION OF CryptoTax360, THIS SECTION 7(a) DOES NOT APPLY AND CUSTOMER ACKNOWLEDGES THAT THEY ARE NOT ENTITLED TO ANY INDEMNIFICATION.
Formidium’s liability under this section shall be limited to the fees paid by the Client as per section 8(d) under this Agreement.
b) Client Indemnity. The Client will indemnify, defend and hold Formidium, its affiliates, and their directors, officers, employees, service providers, licensors, agents, successors and assigns (the “Formidium Parties”) harmless, at the Client’s expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against the Formidium Parties by a third-party to the extent that such Action is based upon or arises out of:
a) Service Level Commitments; Credits. Formidium does not guarantee
network availability between the Client and the Formidium hosting servers.
Formidium will not be liable for nor provide any service credits hereunder for
any downtime caused in whole or part by a third-party data center provider
nor for any downtime that the Client experiences as a result of the Client’s
network connectivity issues. If the Client experiences an outage and is unable
to access CryptoTax360, the Client must immediately contact Formidium’s help
desk, providing any/all necessary information that may assist Formidium in
determining the cause of the outage. Formidium will determine in good
faith whether the outage was within Formidium’s reasonable control. If
attributable to Formidium, then Formidium will credit pro-rated Subscription
fees for every 2 or more hours of continuous downtime.
THIS SHALL BE CLIENT’S SOLE REMEDY, AND FORMIDIUM’S SOLE
AND ENTIRE LIABILITY, FOR FORMIDIUM’S FAILURE TO PROVIDE THE
AVAILABILITY TO CRYPTOTAX360.
b) Disclaimer of Warranties. EXCEPT FOR THE LIMITED SERVICE LEVEL COMMITMENTS SET FORTH IN SECTION 8(a), FORMIDIUM DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO CRYPTOTAX360, THE SERVICES PROVIDED OR THE AVAILABILITY, FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE OF CRYPTOTAX360. WITHOUT LIMITING THE FOREGOING, EXCEPT AS SPECIFICALLY SET FORTH IN THE LIMITED SERVICE LEVEL COMMITMENTS IN SECTION 8(A), FORMIDIUM DISCLAIMS ANY WARRANTY THAT CRYPTOTAX360, THE SERVICES PROVIDED BY FORMIDIUM, OR THE OPERATION OF CRYPTOTAX360 ARE OR WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED. FORMIDIUM MAKES NO, AND HEREBY DISCLAIMS, ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
c) Disclaimer of Consequential Damages. FORMIDIUM HAS NO LIABILITY WITH RESPECT TO CRYPTOTAX360, SERVICES, OR ITS OTHER OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE OR ANY SIMILAR TYPE OF DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS, LOSS OF PROFITS AND THE COST OF COVER) EVEN IF FORMIDIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
d) Limitations of Remedies and Liability. FORMIDIUM'S TOTAL AGGREGATE LIABILITY TO CLIENT FOR ANY REASON INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS, IS LIMITED TO (1) IN THE CASE OF A MONTHLY SUBSCRIPTION FEE PAYMENT PLAN, ALL FEES PAID TO FORMIDIUM BY THE CLIENT DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE LIABILITY; (2) IN THE CASE OF CLIENT ON AN ANNUAL PAYMENT PLAN, ALL FEES PAID TO FORMIDIUM BY THE CLIENT DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE LIABILITY.
Formidium collects certain personal data about customers in connection with the use of CryptoTax360 and otherwise in connection with these Terms and Conditions.
The Client understands and agrees that Formidium may access, preserve, and disclose the personal data in order to provide access to CryptoTax360or if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights, property and/or safety of Formidium, its affiliates, (including their directors, officers, agents, employees) and the general public.
• To the extent that Formidium processes any Personal Data that is subject to the General Data Protection Regulation (the “GDPR”), on the Client’s behalf, in the provision of the services hereunder, the terms of the Data Processing Addendum (the “Data Processing Addendum”), which are hereby incorporated by reference, shall apply.
• If the Client is located in the European Union or the European Economic Area (EEA), the Standard Contractual Clauses (adopted by the European Commission and attached to the Data Processing Addendum) which provide adequate safeguards with respect to the Personal Data processed by Formidium under this Agreement and the provisions of the Data Processing Addendum shall apply.
The Client acknowledges in all cases that Formidium acts as the data processor and the Client is the data controller under General Data Protection Regulation (GDPR).
Client privacy is extremely important to Formidium. Please read the Privacy Policy here which explains how Formidium treats and protects personal data when the Client uses CryptoTax360.
a) Notices. Notices regarding this Agreement to Formidium shall be in writing and sent by first-class mail or overnight courier at the address provided at that time on CryptoTax360’s website. Formidium may give notice by means of posting a notice on its website, by electronic mail to the Client's email address on record with Formidium, or by written communication sent by first-class mail or overnight courier to the Client's address on record in Formidium’s account information. All notices shall be deemed to have been given three days after mailing or posting (if sent by first class mail), upon delivery in the case of courier, or 12 hours after either sending by email or posting on the Formidium website or any forum related to CryptoTax360, as applicable.
b) Promotional Materials. Either Party may include statements and may use the other Party's name and logos, in its website, commercial advertisements and promotional materials for the sole purpose of indicating that the Client is a user of CryptoTax360.
c) Assignment. Formidium may assign any of its rights or obligations under this Agreement at any time. The Client shall not assign any of its rights under this Agreement, except with the prior written approval of Formidium. The preceding sentence applies to all assignments of rights, except in the event of a voluntary transfer of substantially all assets by the Client to a transferee which executes Formidium’s form of agreement agreeing to be bound to all the terms and conditions of this Agreement.
d) Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the unsuccessful Party shall pay to the successful Party its reasonable attorneys’ and experts’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful Party may be entitled.
e) Entire Agreement; Amendment. This Agreement constitutes the final agreement between the parties. It is the complete and exclusive expression of the parties’ agreement on the matters contained in this Agreement. All prior and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement. Formidium reserves the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of CryptoTax360 with notice that Formidium in its sole discretion deems to be reasonable in the circumstances, including such notice on its website. Any use of CryptoTax360 after Formidium’s publication of any such changes shall constitute the Client's acceptance of this Agreement as modified.
f) Waiver. No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
g) Relationship of the Parties. Formidium and the Client agree that no joint venture, partnership, employment, or agency relationship exists between them.
h) Severability. If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
i) No Third-party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or will confer upon any third-party person or entity any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
j) Authority. Each Party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such Party and enforceable in accordance with its terms. You further warrant and represent that you have the authority to procure your Affiliates compliance with the terms of this Agreement.
k) Governing Law. The laws of the State of Illinois shall govern the validity, interpretation, and performance of this Agreement without regard to its conflict of laws and principles. The state and federal courts in the State of Illinois, Dupage County, shall have exclusive jurisdiction over matters arising under or associated with this Agreement. The Parties consent to such courts' exclusive jurisdiction and venue and irrevocably waive any objections thereto.
The following sections will survive the expiration or termination of this Agreement: 'Definitions’, ‘Use Rights’, ‘Subscription Fees’, ‘Term and Termination’, ‘Confidentiality’, ‘Indemnification’, ‘Service Level Commitments, Disclaimers, and Limitations’, ‘Intellectual Property’, and ‘Miscellaneous’.
Disclaimer: All payments made on the CryptoTax360’s website are non-refundable. By making a purchase or payment, you acknowledge and agree that all transactions are final, and no refunds will be issued for any reason