1. Mandatory Binding Arbitration (FAA-Governed)
By accessing or using any TaxWallet Service—including the marketing website, SaaS dashboard, mobile applications, APIs, integrations, banking modules, AI features, and communication systems—you agree that any and all disputes, claims, or controversies arising out of or relating to your use of our Services or your relationship with TaxWallet shall be resolved exclusively through binding arbitration.
This Arbitration Agreement is governed by the Federal Arbitration Act (FAA) and supersedes any state laws to the contrary.
You and TaxWallet waive all rights to bring disputes in court (including small-claims courts unless expressly permitted below), including the right to a trial before a judge or jury.
2. Scope of Claims Covered
This agreement applies to all claims, whether based in:
- Contract,
- Tort (including negligence),
- Statute or regulation,
- Privacy laws, data use, or cybersecurity,
- AI-generated output, tools, or automation features,
- E-file functionality, refund transfers, merchant payments, or banking modules,
- Mobile app usage, notifications, or device-based features,
- Misrepresentation,
- Fraud, billing, or subscription disputes,
- Any other legal theory.
This includes claims asserting that a party’s conduct violated federal, state, or local law.
3. Delegation Clause (Arbitrator Decides Arbitrability)
The arbitrator—not any court—shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including whether any claim is subject to arbitration.
This includes disputes concerning unconscionability, validity, or voidability of the agreement.
4. Class-Action Waiver
You agree that all arbitration shall be conducted on an individual basis only.
You waive any right to participate in, initiate, or join any:
- Class action,
- Class arbitration,
- Representative action,
- Private attorney general action,
- Consolidated or mass action.
NO exceptions apply. If a claim proceeds in arbitration, it must be only between you and TaxWallet individually.
5. Prohibition on Consolidated or Joint Claims
Claims may not be arbitrated jointly or combined with the claims of any other person.
The arbitrator may not preside over any form of representative or collective proceeding.
Any attempt to arbitrate on a class-wide basis violates this Agreement and is void.
6. Arbitration Procedures
Arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable.
Unless you and TaxWallet agree otherwise:
- Arbitration will be conducted remotely (video or teleconference).
- The arbitrator must be a licensed attorney with at least 10 years of experience in commercial or technology law.
- The arbitrator may award any individual relief permitted by law, except class-wide relief.
All arbitration proceedings and awards are strictly confidential.
7. Costs & Fees
Each party shall bear its own arbitration costs unless otherwise required by AAA rules.
TaxWallet may, at its discretion, cover filing fees for claims brought in good faith.
Frivolous, malicious, or abusive claims may result in fee-shifting as permitted by law.
8. Small Claims Court Exception (Limited)
You may elect to bring an individual claim in small-claims court only if:
- The claim remains solely in that forum, and
- The claim is not filed as a class, group, or representative action.
If the claim is transferred, appealed, or moved to a higher court, the Arbitration Agreement re-applies immediately.
9. Survival of Agreement
This Arbitration Agreement survives:
- Termination of your TaxWallet account,
- Cancellation of subscriptions,
- Deletion of the mobile app,
- Discontinuation of Services,
- Bankruptcy or dissolution of either party.
This Agreement remains binding indefinitely for any dispute arising from your use of TaxWallet.
10. No Public Disclosure of Arbitration
You agree not to disclose the existence, content, results, or rulings of any arbitration proceeding without TaxWallet’s express written consent.
Violation of this confidentiality requirement constitutes a material breach of these Terms.
11. Opt-Out Procedure (Strict Conditions)
You may opt out of this Arbitration Agreement only by sending a written notice within 30 days of creating your TaxWallet account.
To opt out, you must send:
- Your full name,
- The email used to register,
- A clear statement that you opt out of arbitration.
Send to: legal@taxwallet.ai
Opt-outs submitted by third parties, automated systems, or outside the 30-day window are void.
If you opt out, all other Terms—including waiver of class actions—still apply to the fullest extent permitted by law.
12. Severability
If any provision of this Arbitration Agreement is found unenforceable, the remainder shall remain in full force and effect.
If the Class-Action Waiver is found unenforceable, the entire Arbitration Agreement is void, and all disputes must be litigated exclusively in courts located in Miami-Dade County, Florida.
13. Governing Law & Venue (If Arbitration Is Unavailable)
To the extent arbitration is unavailable or this Agreement is deemed void, you agree that:
- Disputes shall be resolved exclusively in state or federal courts in Miami-Dade County, Florida, and
- You waive all objections to personal jurisdiction and venue.
This ensures TaxWallet is not forced to litigate in remote or unfavorable jurisdictions.
14. Contact for Arbitration Notices
TaxWallet Legal Department
Email: legal@taxwallet.ai
Address: Will be supplied upon request for formal arbitration notice filings.
TaxWallet strictly adheres to FAA-compliant arbitration protocols.