Terms of use

Last updated: October 14, 2020​

Please read these terms and conditions in order to use Tax Resident application. These Terms of Use state the terms and conditions under which we provide You with access to Tax Resident application.​

These Terms of Use is a binding agreement between You (or “User”) and Artem Paleev (Individual Entrepreneur Artem Valentinovich Paleev), the Owner and Developer of Tax Resident application. This Agreement governs your use of the Tax Resident mobile app for the Apple iOS platform.​

PLEASE NOTE THAT TAX RESIDENT DOES NOT PROVIDE LEGAL, IMMIGRATION AND/OR TAX SERVICES AND/OR ADVICE OF ANY KIND, IN ANY SITUATION AND/OR CAPACITY, HOWSOEVER ARISING, TO ANY PERSON AND/OR ENTITY. REPORTS GENERATED BY THE APPLICATION ARE NOT LEGALLY BINDING AND ARE FOR INFORMATIONAL PURPOSES ONLY. REPORTS CANNOT BE USED UNDER ANY CIRCUMSTANCES AS AN OFFICIAL DOCUMENT CONFIRMING YOUR TAX RESIDENCY. REPORTS CANNOT BE SUBMITTED BY YOU TO THE TAX AUTHORITIES TO OBTAIN CERTIFICATES OF TAX RESIDENCE AS PROOF OF YOUR STAY IN A PARTICULAR COUNTRY. FOR CONFIRMATION PURPOSES YOU CAN USE PASSPORT STAMPS AND TRANSPORT TICKETS.​

By clicking the “Agree” button and using the application, You:​

1. Acknowledge that you have read and understood these Terms and Conditions;
2. Represent that you are 18 years of age or older or are of legal age to enter into this Agreement;
3. 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.

Definitions​

“Application” (“App”) means the Tax Resident application that provides Services.

“Developer” means a person or company that creates and releases Tax Resident app.

“Distributor” means the app store from which the Tax Resident app is downloaded from.

“Service” means the services provided by Tax Resident in relation to tracking days in different jurisdictions for tax purposes.

“User” means the person(s) who has/have used the Services and/or downloaded the App.​

Application Description and Limitations​

1. Tax Resident App is a residency days counting app that could help the User plan and track the days (for tax purposes) that the User travels to/from different countries (jurisdictions). The App may enable the User to: (a) track past, present and future travels; (b) plan travels in advance and set reminders; and/or (c) import and export travel details and documents.​

2. To use the Service provided by the App, the User must download the App via the App Store. To enable the App’s Services, the User must: (a) accept notifications being transmitted to their mobile phone and/or tablet and/or any other device being used to access the App (“Mobile Devices”); and (b) turn on geolocation tracking (the User will be prompted to do so during the registration process).​

3. Geolocation feature: (a) by allowing the App to access the geolocation, the User’s location and travel data will be automatically tracked and saved in the App, (b) by not allowing the App to access geolocation, the User will have to manually enter travel data in the App.​

3.1. The User understands and agrees that the Service provides an approximate location of the Mobile Device(s) аnd thаt accuracy оf results are not guaranteed. In order for the Service to work, thе Mobile Dеvісе(ѕ) must at all times be registered, turnеd on, charged and located in an area with network coverage bу a саrrіеr wіth whоm the Service is integrated, amongst other factors. The ассurасу оf thе lосаtіоn results is subject to network capabilities, environmental соndіtіоnѕ, and other factors associated wіth thе uѕе оf wireless networks, satellites аnd satellite data.​

4. The User understands and acknowledges that the use of the App may reduce the battery life of the User’s Mobile Device(s), at a rate faster than had the User not used their Mobile Device(s) to use the App.​

Registration​

To obtain access to the App and its Services, the User is required to sign up and create an account. Registration is initially available to anyone of requisite age and citizenship and is limited to one registration per user. By signing up for the App, the User agrees to: (a) provide true, accurate, current and complete information about himself as requested by registration process (the “Registration Information”) and (b) maintain and update the Registration Information to keep it true, accurate, current and complete.​

As part of the registration, we require the User to choose a user name and password. By doing this, the User is responsible for maintaining the confidentiality of password and account. In selecting a user name, the User agrees that he will not (a) select or use a user name that is the name of another person with the intent to impersonate that person; (b) use a user name subject to the rights of any person without their authorization; or (c) use a user name that is offensive to people of ordinary sensitivities, illegal, or infringing. The User is fully responsible for all activities that occur under his password or account. We cannot and will not be liable for any loss or damage arising from User’s failure to comply with this section.​

Payments, Refund and Cancellation​

1. Purchases of the Services are made through the App. The User may be required to provide the Distributor (Apple App store) with information pertaining to a valid credit card (Visa, MasterCard, or any other issuer accepted by the Distributor) or other permitted payment method (“Payment Information”).​

The User agrees that the Distributor is authorized to immediately charge Payment Information for all fees and charges due and payable for the products and services hereunder and that, except as required under applicable law, no additional notice or consent is required.​

The User agrees to immediately notify the applicable Distributor of any change in billing address or Payment Information. The User must take up with the Distributor directly any payment-related issues.​

2. By purchasing a Subscription, the User authorizes the applicable Distributor or Tax Resident to charge Payment Information in accordance with User’s selected Subscription plan. Upon renewal of Subscription, if the applicable Distributor or Tax Resident does not receive payment via User’s Payment Information, (a) the User agrees to pay all amounts due on his Account upon demand and/or (b) the User agrees that Distributor or tax Resident may either cancel or suspend his Subscription and continue to attempt to charge Payment Information until payment is received.​

3. Tax Resident does not issue any refunds for unused subscription periods or accidental purchases, unless required by law to do so.​

4. Tax Resident provides the User advanced features after registration and purchase of one of the following Subscription/Access plans:​

• Tax Resident Unlimited Access – priced at $7.99 (billed once)
• Tax Resident One Year Subscription – 12 months duration, priced at $1.99 (billed yearly)​

Updates and Changes​

Tax Resident 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”). Based on Mobile Device settings, when User’s Mobile Device is connected to the internet either (a) the Application will automatically download and install all available Updates; or (b) the User may receive notice of or be prompted to download and install available Updates.​

The User shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof, or the Services, may not properly operate should the User fails to do so. The User further agrees that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.​

All Updates and other support with respect to the Application will be provided by the Developer, and Apple will have no obligation to furnish any maintenance or support services with respect to the Application.​

Grant of License​

1. Subject to these terms and conditions, Tax Resident hereby grants the User the limited, revocable, personal, non-exclusive, and non-transferable right to download, install and activate the App on one or more Mobile Devices which are owned by the User and under the User’s control only for the User’s personal, private and non-commercial use.​

2. Sharing the App with others, or allowing others to view the contents of the App, is in violation of this License.​

3. The User agrees not to resell, lease, rent, distribute in any way (whether for commercial gain or otherwise), assign and/or otherwise dispose of our mobile app or a derivative of our mobile app, or resell data or services which are derived from our mobile app. The User agrees to use our mobile app only as specified in these Terms of Use. Nothing in these Terms of Use shall be construed as expressly or impliedly granting to the User any other or further rights not expressly set forth herein.​

The User may not (and the User may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile any of our mobile app or otherwise attempt to extract the source code of our mobile app or any part thereof, unless this is expressly permitted by us in writing. Except as otherwise agreed in writing by us, the User may not assign (or grant any other sub-license of) his rights to use our mobile app or otherwise transfer any part of his rights to use or sublicense the our mobile app.​

Changes to these Terms of Use​

These Terms of Use may be modified or amended by the Developer at its sole discretion. If these Terms of Use are modified or amended, the Developer will provide the User with notice of such changes, whether within the Application or on his Mobile Device, via email, or via another means of communication. Following any such modifications or amendments of these Terms of Use, the Developer may, at his option, require the User to re-affirm his consent to these Terms of Use as modified or amended to continue using the Application. In any case, the User’s continued use of the Application and the Services will constitute his acceptance of these Terms of Use, as so amended or modified.​

Termination​

1. The User may terminate these Terms of Use by deleting the Application and all copies thereof from his Mobile Device.​

2. The User agreed that we, in our sole discretion, may terminate his access to and use of our mobile app, and/or remove, discard or modify any Content within our mobile app and/or other Services, for any reason, including, without limitation, for lack of use or if we believe that the User has violated or acted inconsistently with these Terms of Use.​

The User agrees that any termination of his access to and use of the mobile app may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete User’s account and all related information and files in his account and/or bar any further access to such files or our mobile app.​

Further, the User agrees that we shall not be liable to him or any third party for the discontinuation or termination of User’s access to our mobile app, even if advised of a claim for damages. If the User wishes to terminate his account, he may do so. Any fees paid hereunder are non-refundable.​

Disclaimer of Warranties and Limitation of Liability​

1. The Service available is made available to the User on an “as is” basis. Use of the Service is at User’s own discretion and risk.​

2. To the maximum extent permitted under applicable law, Tax Resident, 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 and the Services, 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.​

3. Without limitation to the foregoing, company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet the User’s 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 standarts or be error-free, or that any errors or deffects can or will be corrected.​

4. To the fullest extent permitted by applicable law, in no event will company or its affiliates, or any of its or their respective licensors or service providers, have any liability arising from or related to your use of or inability to use the Application or the services for: (a) personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, business interruption, computer failure or malfunction, or any other consequental, incidental, indirect, exemplary, special, or punitive damages; (b) direct damages in amounts that in the aggregate exceed the amount actually paid by the User for the Application and the Services.