Get Refunds Inc.

Terms of Service

READ CAREFULLY – YOUR USE OF THIS WEBSITE  AND OUR SERVICES IS GOVERNED BY THESE TERMS AND CONDITIONS.

GET REFUNDS INC. and its subsidiaries and affiliates, including any that it may form or acquire in the future (GRI or Get Refund Protection), provide this website, and any other content, applications, features, functionality, information, and services offered by GRI through this website (collectively, the Services or Subscription Services), subject to your compliance with these Terms of Use (Terms of Use or Terms of Service). The Terms of Use are a legally binding contract between you and GRI.

By accessing or using the Services, or by otherwise accepting these Terms of Use, you (an individual or entity) agree to the terms and conditions set forth in these Terms of Use. Please read these Terms of Use carefully before using the Services. If you violate, or do not agree to, these Terms of Use, your access to and use of the Services is unauthorized.

‍These Terms of Use and/or the Services may be changed at any time. It is your responsibility to check the Terms of Service each time before using the Site. Your continued use of the Services following any such change constitutes acceptance of the updated Terms of Use.‍

The terms “we,” “us” and “our” means GRI. The terms “you,” “your” or “user” means the users of the Services.

‍These Terms of Use contain a mandatory arbitration provision that, as further set forth below, requires the use of arbitration on an individual basis to resolve disputes. It does not allow jury trials or any other court proceedings or class actions of any kind.

LICENSES. We grant you a limited, non-exclusive, non-transferable, revocable, license to access and use the Subscription Services subject to these Terms & Conditions.

CLIENT AUTHORIZATIONS. We provide tools to enable you to obtain data (Data) including personal and tax-related data from the Internal Revenue Service (IRS). You, our Client, is a person that has duly authorized users to obtain and receive Data. An Approved Recipient is a person that you have designated to receive such Data. Users shall complete client authorization forms (Client Authorizations) and adhere to the parameters of such Client Authorizations.

YOUR PRIVACY. Your privacy is important to us. Please also review our Privacy Policy, which details how your information is collected and used when you use our Services. By using our Services, you are consenting to the collection, use, disclosure, and other handling of your information as described in our Privacy Policy (as updated from time to time), which is incorporated into these Terms of Use and also governs your use of the Services.

ORDERS AND PAYMENT. You agree to pay a subscription fee equal to the amount on your invoice per Employer Identification Number (EIN) to access our services.  Should you require additional professional services, you agree to pay for them at our standard professional services hourly rate of four hundred dollars ($400) (Professional Services Fee) (collectively Services).  We agree to notify you in writing prior to incurring any additional hours on your engagement.

Payment for the first year’s non-refundable ERC Claim Tracker service subscription fee is due upon agreement to the terms and conditions set forth in these Terms of Use, with the balance due for any Professional Services Fees incurred, if any, on a monthly basis. No separate Purchase Order is required by you for payment to be made for Services. Verification of information may be required prior to commencing Services.

We may charge you interest at 2.5% per month on any amounts more than thirty (30) days past due. The fact that we do not charge interest on one or more occasions does not mean we cannot charge it at a later time. You will notify us in writing within five (5) calendar days of receiving the Deliverable whether you accept or reject that Deliverable. If no notification is delivered to us within this period, the Deliverable will be considered accepted.

ACCEPTABLE USE OF THE SUBSCRIPTION SERVICE.  As a condition of your license to use and access the Subscription service, you agree that you will not do any of the following: [i] Use the Subscription service to access information from the IRS website without proper Client Authorizations; [ii] Share Data with any person, including employees or consultants of the user, unless such person is specified in the Client Authorizations; [iii] Use the service if you are under the age of 18 or otherwise unable to enter into binding legal agreements; [iv] share any account or password with others; [v] Use the Subscription service unlawfully or for an unlawful purpose; [vi] Provide, post, upload or transmit any of your content that is illegal, abusive, defamatory, threatening, harassing, obscene, vulgar, racist, or which constitutes hate speech; [vii] Use the Subscription service in a manner that is fraudulent or deceptive; [viii] fail to pay for services purchased by you; [viii] Stalk, harass, or harm another individual; [ix] Impersonate another, misrepresent or falsely identify yourself; [x] Use any device, software or routine to interfere or attempt to interfere with the proper working of the Subscription service; [xi] Take any action that imposes an unreasonable or disproportionately large load on our servers; or [xii] Use any robot, spider or other automatic device, or a manual process, to collect or harvest information about users or our service for sale.

TERMINATION. If you have a Subscription, you may terminate it at any time by email or mail.  We may close your Account, cease to permit you to purchase paid features of the Subscription service, at any time in our sole discretion and without notice to you, including if we believe you are using the Subscription service in a manner not intended by us or in a way that violates our Terms and Conditions, or for any other reason. In no case will our closure of your Account, or reduction of your access to the Subscription service, waive or affect any other right or relief to which we may be entitled. We may change, suspend, or discontinue any part of the Subscription service at any time, for any reason.  We will not be liable to you for the effect that any changes to the service may have on you.

Termination of this Agreement shall not affect our or your obligations regarding completion of the project or for fees due related to Services for any EIN for which we have begun the process of preparing Deliverables. 

COOPERATION. To assist you, we will need your full cooperation, and you agree to provide us with that cooperation and reasonably requested data and documents. 

INTELLECTUAL PROPERTY. Each party will retain all intellectual property rights with respect to all of its own proprietary information and technology existing prior to the date of this Agreement, regardless of whether such information or technology is embodied in any materials provided to the other party.

LIMITATION OF LIABILITY. We cannot assure you that your employee retention credit (ERC) claims, calculations, and documentation are sufficient to reasonably claim benefits under the laws and regulations governing the ERC or that the IRS will pay your ERC claim(s).  We do not make any representations or warranties about Data, including without limitation that Data is complete, accurate, acceptable, filed on a timely basis, or compliant with pertinent rules and laws. You release us from any claims related to Data.

Our Services may contain links to third-party websites or services that we do not own or control. You may also need to use a third party’s product or service in order to use some of our services. When you access these third-party services, you do so at your own risk. We make no claim and accept no responsibility regarding the quality, nature or reliability of the third-party websites or services. The third parties may require you to accept their own terms of use. We are not a party to those agreements; they are solely between you and the third party.

IRS e-Services. Our Subscription services make use of the e-Services provided by the IRS. In no event shall we be responsible for any changes, terminations, outages, or unavailability of the IRS services, even if such changes, terminations, outages, or unavailability materially impact our services.

To the extent permitted by applicable law, neither party shall be liable to the other for any special, indirect, incidental, consequential, multiple, or punitive damages of any kind, including, without limitation, lost profits, even if advised of the possibility thereof.  Under no circumstances will we be liable for any amounts in excess of the fees we actually receive from you.

NO WARRANTY.  THE SERVICES ARE PROVIDED “AS IS”. GRI MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHERMORE, GRI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE SERVICES.  WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICE WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICE SOLELY AT YOUR OWN RISK.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

OUTAGES. GRI schedules system downtime for the service for maintenance and other purposes. Unplanned system outages may also occur. You agree that GRI has no responsibility and is not liable for: (a) the unavailability of any of the Services; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Services, any Internet service providers or otherwise.

CONFIDENTIALITY OF INFORMATION. Confidential Information means all confidential or proprietary information of data furnished by either party of its affiliates (the Disclosing Party) to the other party or it affiliates (the Receiving Party) before or after the effective hereof in connection with ERC services, which, (i) in the case of written, recorded, graphical or electronically communicated or stored information, or any other information in tangible form, contains legends or other written markings indicating that the Disclosing Party considers such information proprietary or confidential, or (ii) in the case of oral information, is designated as proprietary or confidential at the time of disclosure and is confirmed by the Disclosing Party to be proprietary of confidential through a written communication to the Receiving Party delivered within five (5) days after such oral communication (it being understood that prior to receiving such written communication concerning oral information, the Receiving Party shall treat such oral information as Confidential Information for all purposes under this Agreement).  Notwithstanding the foregoing, and even if such information does not bear legends or markings or if no follow up written communication is made indicating information disclosed orally is proprietary or confidential, Confidential Information includes all information disclosed by the Disclosing Party which the Receiving Party should reasonably understand to be considered Confidential Information of the Disclosing Party, including without limitation, any data or information regarding the Disclosing Party’s customers, market intelligence, clients, employees and suppliers, pricing information and models, product and service information, planning information, marketing strategies, strategic plans, financial or operational data, customer/client transactions, customer/client lists, customer/client profiles, employee lists, employee profiles, employee information, sales projections or forecasts, business plans, business relationships, internal performance results and other documentation relating to past, present or future business transactions or activities.  For purposes of clarification, Confidential Information may be referred to as “Confidential Information” or “Proprietary Information” in a related agreement, but for all intents and purposes shall have the meaning of Confidential Information provided herein.  Confidential Information does not include information that: (i) is or becomes generally known to the public without breach of this Agreement (ii) is rightfully known by us at the time of disclosure without an obligation of confidentiality; (iii) is independently developed by us without use of Confidential Information; or (iv) we rightfully obtain from a third party.  It is the understanding of the parties that we are a “service provider” as defined under the California Consumer Privacy Act with respect to the personal information that you may provide to us hereunder. Except for usage of personal information as necessary to bring and defend claims, to comply with requirements of the legal process, or to cooperate with regulatory authorities, we will not retain, use, sell, or disclose the personal information (that is not de-identified) for any purpose, including other commercial purposes, outside of the direct business relationship with you.  All Confidential Information, unless otherwise specified in writing, shall remain the property of the Disclosing Party.  No rights, and particularly licenses, to trademarks, inventions, copyrights, patents, mask work protection rights, or any other intellectual property rights are implied or granted under this Agreement or by the delivery of Confidential Information.  Each party acknowledges that money damages for any violation of this Agreement may be inadequate and a party may suffer immediate and irreparable harm through breach or threatened breach by the other party.  Accordingly, each party may seek to specifically enforce this Agreement and may seek to obtain injunctive relief to prevent any threatened or continuing breach without notice or posting of bond.  With regard to all other Confidential Information disclosed by a Disclosing Party, the confidentiality obligations in this Agreement shall continue to constitute Confidential Information three years following such the termination of the Agreement.

IRS CIRCULAR 230 DISCLOSURE. Any tax advice contained in our Services is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any matters addressed herein.

SECURE TRANSFER OF BUSINESS INFORMATION. All data transfers for this agreement must be transmitted over secured channels to protect the business information’s confidentiality.

GENERAL PROVISIONS. The terms of the attached Engagement Letter are incorporated into this Agreement by this reference.  This Agreement constitutes the entire agreement between the parties with respect to our efforts and the ERC claims and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.  This Agreement may only be modified in a written document signed by the parties.  Notices required by the Agreement must be in writing (email acceptable).  Email notices to us shall be directed to [email protected].  No waiver of any of the provisions of this Agreement will be effective unless made in writing and signed by the waiving party or will be construed as a waiver of any subsequent breach or as a continuing waiver of such breach of this Agreement.  This Agreement (i) is not intended to benefit any third party; (ii) does not create an employment, partnership, joint venture, representative, fiduciary, or other legal or business relationship, other than that of independent contractor; and (iii) may be executed in multiple counterparts and by facsimile or email.  A determination that any provision of this Agreement is invalid in whole or in part will not affect the enforceability of those provisions found not be invalid.  “Including” means including without limitation.  This Agreement will be construed in accordance with New York law, excluding the impact of the conflicts of law provisions.  Any claim arising out of or relating to this Agreement will (a) first be submitted to good faith mediation and (b) if mediation does not produce an agreed solution within ninety (90) days after notice of claim is first given, then either party may submit the dispute to arbitration Miami-Dade County Florida, in accordance with the arbitration rules promulgated by the American Arbitration Association.  Each party agrees that such an arbitration is its exclusive remedy and expressly waives any right to seek redress in any other forum.  The prevailing party will be entitled to recover the costs of the arbitration or collection, including reasonable attorneys fees, except that if, in violation of this Agreement, any party commences an action without first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party will bear all of the fees of the arbitrator.  This Agreement may be assigned by us to an affiliate, to a purchaser of our business or assets or to our successor.