Thank you for choosing ACAwise. This license agreement ("Agreement") gives you certain rights and responsibilities depending on the software license you purchased or subscribed to as more fully described below (collectively the "Software"). By signing up with ACAwise, you indicate that you have read and understood and assent to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not granted any rights whatsoever in the Software, and you will not be able to access or use the Software or Services.
1. License Grant and Restrictions
You may use:ACAwise - software solely to prepare Business/individual/non-profit tax returns and related Forms and returns only, and after proper registration and any applicable payment, to file electronically if applicable.
If you are a Tax preparer and qualified by the IRS, you may use ACAwise software for your client's Business on a professional or commercial basis.
You are not licensed or permitted under this Agreement to do any of the following:
- attempt to access any other SPAN Enterprises LLC systems, programs or data that are not made available for public use;
- prepare tax returns, schedules or worksheets on a professional or commercial basis (i.e., for a preparer's or other fees) unless as stated above in 1 (a);
- copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from the Software sites;
- work around any technical limitations in the Software, use any tool to enable features or functionalities that are otherwise disabled in the Software, or decompile, disassemble, or otherwise reverse engineer the Software except as otherwise permitted by applicable law,
- use the Software for any commercial purpose
- perform or attempt to perform any actions that would interfere with the proper working of the Software or Services, prevent access to or the use of the Software or Services by SPAN Enterprises LLC's other licensees or customers, or impose an unreasonable or disproportionately large load on SPAN Enterprises infrastructure; or
- otherwise use the Software except as expressly allowed under this
If you obtained a license for the free version of the ACAwise software, there may be additional fees and limitations on your use of the features and functionality, stated within the ACAwise software.
You must indemnify and defend SPAN Enterprises LLC against any claims or lawsuits, including attorneys' fees that arise from or result from the use of the Software on a professional or commercial basis.
In addition to the ACAwise software, the term "Software" includes any other programs, tools, internet-based services, components and any "updates" (for example, Software maintenance, service information, help content, bug fixes, or maintenance releases, etc.) of the Software that SPAN Enterprises LLC provides or makes available to you as part of the ACAwise product series.
2. Reservation of Rights and Ownership
The Software is licensed not sold, and SPAN Enterprises LLC reserves all rights not expressly granted to you in this Agreement. The Software is protected by copyright, trade secret, and other intellectual property laws. SPAN Enterprises LLC and its licensors own the title, copyright, and other intellectual property rights in the Software. This Agreement does not grant you any rights to trademarks or service marks of SPAN Enterprises.
3. ACAwise Accurate Calculations Guarantee
SPAN Enterprises LLC diligently works to ensure the accuracy of the calculations on every form prepared using ACAwise
If you are a registered user and you pay an IRS or state penalty and/or interest solely because of a calculation error on a form prepared for you using ACAwise, and not as a result of, among other things, your failure to enter all required information accurately, willful or fraudulent omission or inclusion of information on your tax return, misclassification of information on the tax return, or failure to file an amended return to avoid or reduce an applicable penalty/interest after SPAN Enterprises LLC announced updates or corrections to the ACAwise software in time for you to file an amended return, then SPAN Enterprises LLC will pay you in the amount of the IRS or state penalty and/or interest paid by you to the IRS or state. In this regard, you are responsible for keeping SPAN Enterprises LLC apprised promptly of any change in your email address, mailing address and/or phone number so that you can be notified of such updates or corrections. You are responsible for paying any additional tax liability you may owe and providing any other information SPAN Enterprises LLC reasonably requests. A "registered user" is a user from whom SPAN Enterprises LLC has received the information necessary to permit such person to print or electronically file a tax return prepared using the ACAwise software and who complies with the terms and conditions of this Agreement.
If you believe such a calculation error occurred, you must notify SPAN Enterprises as soon as you learn of the mistake (and in no event later than 30 days after the penalty or interest is assessed) at http://www.acawise.com/contact/, or by mail at SPAN Enterprises LLC Inc., 202 E. Main St., Rock Hill, SC 29730. SPAN Enterprises LLC will then contact you promptly to resolve the issue. To resolve your matter, SPAN Enterprises LLC may require your ACAwise data file and other supporting information such as a copy of the IRS or state notice, evidence of payment of the specified penalty and/or interest, and a copy of your printed tax return.
4. User ID and Password Security
5. Privacy of Personal and Tax Return Information
At SPAN Enterprises LLC we place the highest importance on respecting and protecting the privacy of our customers. Our most important asset is our relationship with you. We want you to feel comfortable and confident when using our products and services and with entrusting your tax return information to us. Our full ACAwise Privacy Statement can be found by visiting http://www.acawise.com/privacy-policy/.
6. DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY IN ABOVE, THE SOFTWARE AND SERVICES ARE PROVIDED "AS-IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPAN Enterprises LLC, ITS AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, RETAILERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL GUARANTEES AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE OR SERVICES, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, QUALITY, TIMELINESS, AND NON-INFRINGEMENT. SPAN ENTERPRISES LLC DOES NOT WARRANT THAT SOFTWARE OR SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER PROGRAM LIMITATIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE OF PURCHASE OF SOFTWARE OR SERVICES, AS APPLICABLE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
All warranties or guarantees given or made by SPAN Enterprises LLC with respect to Software or the Services (1) are solely for the benefit of you as the registered user of the Software and are not transferable, and (2) shall be null and void if you breach any term or condition of this Agreement.
7. LIMITATION OF LIABILITY AND DAMAGES
YOU UNDERSTAND THAT SPAN ENTERPRISES LLC WILL NOT AUDIT OR OTHERWISE VERIFY ANY INFORMATION YOU PROVIDE, AND IS NOT RESPONSIBLE FOR DISALLOWED DEDUCTIONS OR CREDITS. FURTHER, SPAN ENTERPRISES LLC SHALL NOT BE RESPONSIBLE FOR ADDITIONAL TAXES, PENALTIES AND INTEREST THAT ARE ASSESSED AS THE RESULT OF INCORRECT, INCOMPLETE OR MISLEADING INFORMATION THAT YOU HAVE GIVEN TO SPAN ENTERPRISES LLC IN CONNECTION WITH ITS PREPARATION OF YOUR TAX RETURNS USING THE SERVICES.
EXCEPT FOR THE REIMBURSEMENT FOR CALCULATION ERRORS DESCRIBED IN SECTION 3 AND 4 A., THE ENTIRE CUMULATIVE LIABILITY OF SPAN Enterprises LLC AND ITS SUPPLIERS FOR ANY REASON ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE OR SERVICES, AS APPLICABLE, TO SPAN Enterprises LLC OR ITS AUTHORIZED RESELLER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPAN Enterprises LLC AND ITS SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS OR INVESTMENT, TAX POSITIONS TAKEN BY YOU, INABILITY TO FILE YOUR RETURN, DELAY IN PREPARING YOUR TAX RETURN, INCORRECT OR INCOMPLETE INFORMATION PROVIDED TO SPAN Enterprises LLC, ANY ACCESS TO, OR USE OF, YOUR PASSWORD AND USER ID BY AN UNAUTHORIZED PERSON, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF SPAN Enterprises LLC OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL SPAN Enterprises LLC BE LIABLE FOR ANY LOSS, COST, LIABILITY OR DAMAGE INCURRED AS A RESULT OF YOUR RECEIPT OF OR PARTICIPATION IN THIRD-PARTY SERVICES OR THIRD-PARTY WEBSITES. IN NO EVENT DOES SPAN Enterprises LLC ASSUME ANY LIABILITY TO ANY PARTY OTHER THAN YOU ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SPAN Enterprises LLC AND YOU. SPAN Enterprises LLC WOULD NOT BE ABLE TO HAVE PROVIDED ACAwise SERVICES WITHOUT SUCH LIMITATIONS.
8. Consent to Conduct Business Electronically ("Consent")
Consent to Electronic Communications. SPAN Enterprises LLC may be required by law to send "Communications" to you that may pertain to the Software, the use of information you may submit to SPAN Enterprises LLC and the Services you choose. Additionally, certain of the Third Party Services you choose, may require Communications with the third parties who administer these programs. You agree that SPAN Enterprises LLC, on behalf of itself and others who administer such Services (as applicable), may send Communications to you by email and/or may make Communications available to you by posting them at one or more of our sponsored websites, such as https://www.acawise.com you consent to receive these Communications electronically. The term "Communications" means any notice, record, agreement, or other types of information that is made available to you or received from you in connection with the Software, the Services, or your tax refund.
Consenting to Do Business Electronically. The decision whether to do business electronically is yours, and you should consider whether you have the required hardware and software capabilities described below. Your consent to do business electronically, and our agreement to do so, applies to this Agreement, the Software, and any applicable Services.
Hardware and Software Requirements. In order to access and retain an electronic record of Communications, you will need: a computer, a monitor, a connection to an Internet service provider, Internet browser software that supports 128-bit encryption, and an e-mail address. By signing up with ACAwise, you are confirming to us that you have the means to access, and to print or download, Communications. We do not provide ISP services. You must have your own Internet service provider.
Withdrawal of Consent. If you later decide that you do not want to receive future Communications electronically, write to us at ACAwise Customer Service, support@ACAwise.com. If you withdraw your consent to receive Communications electronically, we may terminate your use of Tax Advice and one or more of the Services.
Changes to Your Email Address. You agree to notify us promptly of any change in your email address. You can do so by logging on to the application and following the instructions to submit a comment to SPAN Enterprises LLC (please include both your old and new email address).
This Agreement (and any additional terms and conditions with which SPAN Enterprises LLC amends or supplements this Agreement), is a complete statement of the agreement between you and SPAN Enterprises LLC, and sets forth the entire liability of SPAN Enterprises and its Suppliers and your exclusive remedy with respect to the Software and Services and their use. You agree that SPAN Enterprises LLC is not acting as your agent or fiduciary in connection with your use of the Software or any Services. The Suppliers, agents, employees, distributors, and dealers of SPAN Enterprises LLC are not authorized to make any additional representations, commitments, or warranties binding on SPAN Enterprises LLC. Any waiver of the terms herein by SPAN Enterprises must be in a writing signed by an authorized officer of SPAN Enterprises LLC and expressly referencing the applicable provisions of this Agreement. SPAN Enterprises shall not be liable for any default or delay in the performance of its obligations under this Agreement to the extent its performance is delayed or prevented due to causes beyond its reasonable control, such as acts of God, natural disasters, terrorist acts, war or other hostilities, labor disputes, civil disturbances, the actions or omissions of third parties, electrical or communication system failures, or governmental action. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall 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. This Agreement will be governed by South Carolina law as applied to agreements entered into and to be performed entirely within South Carolina, without regard to its choice of law or conflicts of law principles that would require the application of the law of a different jurisdiction, and applicable Federal law. The parties hereby consent to the exclusive jurisdiction and venue in the state courts in York County, South Carolina, or Federal court for South Carolina. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. As used in this Agreement "including" means "including but not limited to." This Agreement does not limit any rights that SPAN Enterprises LLC may have under trade secret, copyright, patent, or other laws.
ACAwise collects contact information for promotional, marketing, training, and customer support purposes. This information is not shared, sold, or distributed to third parties or other companies. SPAN Enterprises LLC may contact customers with special promotional offers or informative reminders at different points during the tax season. Customers have the option to unsubscribe from any email marketing campaign or promotional offer at any time.
10. Termination and Amendment
Termination. Your rights under this Agreement may be terminated by SPAN Enterprises LLC immediately and without notice if you fail to comply with any term or condition of this Agreement or no longer consent to electronic Communications. Upon such termination, you must immediately cease using the Software, Tax Advice, and Services. Any termination of this Agreement shall not affect SPAN Enterprises LLC's rights hereunder.
Amendment. SPAN Enterprises LLC shall have the right to change or add to the terms of its Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of Software, Tax Advice and Services (including internet-based services, pricing, technical support options, and other product-related policies) upon notice by any means SPAN Enterprises LLC determines in its discretion to be reasonable, including posting information concerning any such change, addition, deletion, discontinuance or conditions in Software or on any SPAN Enterprises LLC sponsored website. Any use of the Software by you after SPAN Enterprises LLC's publication of any such changes shall constitute your acceptance of this Agreement as modified.
11. U.S. Government Restricted Rights
The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227-7202-1 through 227-7202-4 (JUNE 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein.
You can contact SPAN Enterprises LLC, Inc. by mail at Customer Support, SPAN Enterprises LLC, Inc., 202 E. Main St., Rock Hill, SC 29730 or by calling 704.234.7120 if you have a question or concern about any product or service we sell over the Internet.