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SMALL BUSINESS TAX CREDITS TERMS OF SERVICE FOR SELF-EMPLOYED INDIVIDUALS AFFECTED BY SICK LEAVE DURING 2020 AND 2021

Guide to Filing Amended Individual Income Tax Returns for Years 2020 & 2021 (Amended Individual Income Tax Returns Only for Self Employed Individuals)

1. Introduction and Overview

Thank you for choosing TJH Advisors, LLC, a Florida limited liability company, dba Small Business Tax Credits (“SBTC”). We provide a platform (the “Platform”) for you to complete a form to self-determine whether you may be eligible for the tax credit for sick leave for certain self-employed individuals described in Pub. L. No. 116-127, Div. G § 7002(a), and the credit for family leave for certain self-employed individuals described in Pub. L. No. 116-27, Div. G, §7004(a), as extended (individually or collectively, the “Self-Employed Tax Credit” or “SETC”). If you determine that you may be eligible, you can upload your information to the Platform, complete the taxpayer profile and questionnaire, and you will be connected with Small Business Tax Credits Specialists, LLC, a Florida limited company, and a credentialed tax preparer (“SBTCS”) to prepare and file an amended individual income tax return for 2020 and/or 2021 for you to claim the SETC, which will be paid to you as a tax refund, as described herein, or will be used to reduce any taxes you currently owe to the IRS. We will pay SBTCS’s fees and costs so long as the sole purpose of your amended income tax return is to claim the SETC. You pay no upfront costs and we will be paid only if and when SETC credits are received on your behalf from the U.S. Department of the Treasury and/or the Internal Revenue Service (individually or collectively, the “IRS”) as set forth in Section 3 below.

SBTC, along with any parent, subsidiary, affiliate, or related companies are referred to in these provisions as “SBTC Group Companies” or simply “SBTC” or “us.”

When you use the Platform, you enter into this binding contract with us. Each section of this agreement (“Agreement”) begins with a bolded annotation that is intended to help you navigate the Agreement.

2. Agreement to These Terms

You agree to these terms to use our Platform. By using the Platform, you are instructing us to share your data across our Platform for marketing, eligibility, and other purposes described in our Global Privacy Statement, consistent with applicable law. This data may include credit information and other information we obtain from third parties.

To access and/or use the Platform, you acknowledge and agree to the terms and conditions of this Agreement, which includes:

  • SBTC’s Global Privacy Statement;
  • The current version of the terms set forth herein, and any additional provisions and conditions provided separately to you for your use of the Platform, which may include terms and conditions from third parties (which we refer to as “Additional Terms”);
  • You are at least 18 years of age;
  • You are capable of forming a binding contract with SBTC;
  • You are not a person based in Cuba, Iran, North Korea, Syria, the Crimea, Donetsk (“DNA”), and Luhansk (“LNR”) regions of Ukraine or any other territory that is subject to a government embargo or comprehensive sanctions (Russia), or are not otherwise prohibited from using the Platform under the laws and regulations of the United States, or any other applicable jurisdiction; and
  • You are not included in lists maintained by the United States or other applicable jurisdictions prohibiting transactions maintained by the United States or other applicable jurisdictions prohibiting transactions with and the export of US products to certain entities, people, and jurisdictions.

You understand that by using certain services, you are providing written instructions in accordance with the Fair Credit Reporting Act and other applicable law to permit SBTC and its affiliated companies to obtain and periodically refresh your credit information and other information about you from third parties for marketing, eligibility, and other purposes described in SBTC's Global Privacy Statement. You understand that your instructions authorize SBTC and its affiliated companies to obtain such information now and periodically in the future for as long as you have a registered SBTC account. We will stop refreshing your credit information when you cancel your account through your account settings.

3. Payment & Cancellations

We do not charge any fee for our services unless and until you receive a refund from the IRS deposited into the Refund Account (as defined below) representing all or a portion of the SETC claimed on the amended return(s) filed on your behalf by SBTCS. At that time, you agree to pay us a fee equal to twenty percent (20%) of the Self-Employed Tax Credit claimed on your amended income tax return(s), subject to a minimum fee of five hundred dollars ($500).

Our fee will be disbursed to us simultaneously with the disbursement the balance of your tax refund payments by the IRS deposited into your Refund Account (as defined below). In the event you receive two or more payments associated with your receipt of the SETC, our twenty percent (20%) fee shall be assessed against first refund payment we receive. We will invoice you for our fee directly in the event your SETC is not refunded to you but instead is used to reduce the taxes you currently owe to the IRS.

Paper filing requires additional work. Accordingly, the first paper filing of an amended income tax return incurs a three-hundred-dollar ($300) processing fee in addition to those fees listed above. A second paper filing of an amended income tax return incurs an additional two hundred ($200) processing fee, in addition to those fees listed above. Paper filing for both 2020 and 2021 amended income tax returns totals to a five-hundred-dollar ($500) processing fee.

You agree to allow us to establish a special purpose bank account (“Refund Account”) through Cybrid, Inc., or other financial institutions we may designate from time to time (“(“Refund Holdings Bank”)”), as a Refund Processing Service for the purpose of paying our fees and to pay you for your tax credit. You agree to designate The Refund Account with Refund Holdings Bank on your amended income tax return that claims the SETC. By signing up for the Refund Processing Service, you authorize and appoint SBTC (or an entity designated by SBTC) and Refund Holdings Bank(and their third party processors), as your true and lawful agents and attorneys to act for you and in your name for the limited purpose to deduct our fees from the proceeds of your federal and/or state tax refund, and in the event that you do not receive a tax refund that is sufficient to cover our fees, to deduct the balance owed to us from the bank account you identify as your direct deposit bank account. This appointment is irrevocable and shall be deemed a power coupled with an interest.

The terms and conditions of your bank account with Refund Holdings Bank are set forth in the Third-Party Refund Processing Service Agreement between you and Refund Holdings Bank. You also agree that your acceptance of the Third-Party Refund Processing Service Agreement authorizes the sharing of the bank account information you provide to us and Refund Holdings Bank, and your authorization to debit your bank account for our fees if your tax refund is not sufficient in amount to pay for our fees. You agree not to divert your SETC refund without our prior written consent, which consent may be withheld for any reason or no reason at all.

If you do not notify us at the address of our Registered Agent on file with the Florida Secretary of State of updates to your payment information, we may participate in programs supported by your card provider to try to update your payment information, and you authorize us to disburse any balance of your refund to the updated account that we obtain for you as your accepted payment information. If your payment information is not accurate, current, and complete, we may suspend or terminate your account.

You may cancel your account with us without owing us any fee and without a penalty at any time before SBTCS has completed a draft amended income tax return for you to claim the SETC, and such draft has been uploaded to your account in the Platform. At that time, you agree that our fee is deemed to be earned, subject only to your receipt of the SETC benefit from the IRS. We do not provide refunds or credits for any cancellations after our fees are deemed to be earned.

4. Account

You will provide accurate, up-to-date account information and securely manage such information, including usernames and passwords.

You will need to sign up for an account to use the Platform. We may need to verify your identity and you authorize us to collect information (e.g., date of birth, address) from you to do so (collectively, with all information requested to enable your account, “Account Information”). You will provide accurate, up-to-date Account Information, and we disclaim any liability arising from your failure to do so. Such failure may further limit your ability to use the Platform and affect the Platform's accuracy and effectiveness.

You are the only person authorized to use your user ID and password and are responsible for maintaining the confidentiality of your user ID and password. You shall not permit or allow other persons to have access to or use your user ID and password. You are responsible for the use of the Platform under your user ID. If you do not complete your Tax Year 2020 and 2021 amended return prior to October 15, 2024 and October 15, 2025, respectively, your account may be deleted from our systems.

You are responsible for securely managing your Account Information, including any password(s) for the Platform. You will notify us immediately if you believe that your Account Information or device you use to access the Platform has been lost or stolen or that someone is using your account without your permission.

From time to time, we may update the Platform, including with tools, utilities, improvements or third-party applications. You agree to receive these updates.

5. Your Personal Information; Privacy of Personal and Tax Return Information

We want to be transparent about how we use personal information and about your rights in our Privacy Statement. You should only provide us with personal information of others if you have received permission to do so.

You agree that SBTC may use and maintain your personal information according to SBTC’s Global Privacy Statement and any changes published by SBTC. You also agree that we may disclose your tax return information to SBTCS and affiliates of SBTCS who may be located outside the United States. This disclosure may include your personally identifiable information such as your social security number (“SSN”). A tax return preparer in the United States that will disclose your SSN and a tax return preparer located outside the United States that will receive your SSN are required to maintain an adequate data protection safeguard (as required by the regulations under 26 U.S.C. Section 7216) to protect privacy and prevent unauthorized access of tax return information. But your consent to our disclosure of your tax return information means federal agencies may not be able to enforce U.S. laws that protect the privacy of your tax return information against a tax return preparer located outside of the U.S. to whom the information is disclosed. You may not use our Platform unless you consent to such disclosure.

To the extent we allow you to input personal information (as the term is defined under applicable law) about individuals other than yourself, you represent and warrant that you have complied with all applicable laws and received the proper authority or consent to allow us to collect and process such information to operate our business, in accordance with our Global Privacy Statement. You further agree that any sharing of personal information among SBTC Group Companies and SBTCS is contemplated as part of the Platform. You agree such sharing does not constitute a “sale” of information as defined under the California Consumer Privacy Act (CCPA).

You are responsible for protecting the information on your computer such as by installing anti-virus software, updating your software, password protecting your files and not permitting third party physical or electronic access to your computer or tax files.

You may provide us with your telephone number as part of your customer record or registration or via other methods. You understand and agree that the Platform may require multiple sources of information about you to confirm your identity and help ensure the security of your personal use of the Platform, often referred to as "multi-factor authentication"("MFA"). Part of the MFA identity authentication and verification process may involve SBTC sending text message(s) containing security code(s) to your telephone number. You agree to receive these text message(s) from SBTC containing security code(s) as part of the MFA process.

With MFA, you also agree and consent to us obtaining and using information from your mobile phone service provider, solely for the purposes of verifying your identity and to compare information you have provided to SBTC (such information may include from your mobile phone service provider account record: your name, address, email, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other mobile phone subscriber details).

By providing a telephone number in connection with the Platform, you verify that you are the current subscriber or owner of that number. In addition, you expressly agree that SBTC and its affiliates may contact you by telephone or text message (including through the use of artificial voices, prerecorded voice messages and/or autodialed calls and text messages) to the telephone number you provide or to any number provided to us on your behalf, for various purposes including verifying your identity, providing you with important notices regarding your account or use of the Platform, fulfilling your requests or letting you know about promotions or other SBTC services we think we may be of interest to you. Your consent to receive automated calls and texts is completely voluntary, and you may opt out any time. You acknowledge that if you do not opt out, we may contact you even if your number is listed on a do-not-call list or if you cancel your account or terminate your relationship with us. You do not have to agree to receive promotional calls or texts as a condition of purchasing any goods or services.

You understand and agree, for any text messages sent to you in connection with the Platform, that: (a) message frequency may vary, (b) message and data rates may apply, and SBTC is not responsible for these charges, (c) you may reply HELP for information, (d) you can reply STOP to opt out at any time (though if you do, you agree to receive a single message confirming your opt-out) and (e) neither SBTC nor mobile carriers involved in the text messaging are liable for delayed or undelivered messages. To opt out of automated voice calls, you must provide us with written notice revoking your consent by contacting us as described in the "How to Contact Us" section of our Privacy Statement, and including your full name, mailing address, account number and the specific phone number(s) you wish to opt out of such calls.

You also acknowledge and agree that your telephone calls to or from SBTC or its affiliates may be monitored and recorded. You must notify us immediately of any breach of security or unauthorized use of your telephone. Although we will not be liable for losses caused by any unauthorized use of your telephone, you may be liable for our losses due to such unauthorized use.

You acknowledge and agree that SBTCS’ use of your personal and amended income tax return information will be subject to applicable law and regulation and may be subject to SBTCS’ own privacy policy or practices.

6. Third-Party Products and Services

We offer specific functionality in the Platform that connects you with a tax preparer at SBTCS after you have answered all applicable questionnaires and uploaded all requested documents into the Platform. You understand and agree that you, by creating an SBTC account and engaging with SBTCS, are a customer of both SBTC and SBTCS. SBTCS is a third-party beneficiary of this Agreement, and SBTCS may also require you to agree to its own agreement or engagement terms and conditions before providing services to you.

SBTC is not in the business of providing legal, financial, accounting, tax, health care, insurance, real estate or other professional service or advice, and you should consult with your tax preparer for advice prior to making important decisions in these areas. SBTC is not responsible for the services provided by SBTCS, and you agree not to pursue any legal claims against SBTC arising from or relating to the acts or omissions of SBTCS.

a. SBTCS Responsibilities

You understand that SBTCS is responsible for processing and preparing your amended Form 1040 tax returns, are not SBTC employees, and that SBTCS does not represent SBTC. Each SBTCS tax specialist is responsible for complying with applicable laws, regulations and any applicable professional standards. More than one tax specialist at SBTCS, or individuals working with SBTCS, may assist with collecting and reviewing your documents and other information, entering data, scheduling any contact with you and/or reviewing your amended income tax return for accuracy.

The Platform may offer additional features, including without limitation the ability to (a) communicate with SBTCS through one or more methods, such as messaging features and video conferencing; (b) securely share computer screens with SBTCS; (c) upload tax documents and tax forms for use in preparing your amended income tax return(s); and (d) electronically sign your amended income tax return(s). Features may be added or removed from the Platform at any time. You may choose to communicate with SBTCS or share documents outside of the Platform, but you acknowledge that communicating or sharing documents outside of the Platform may be less safe and/or less secure.

SBTCS may prepare your amended income tax returns based on the information you provide. You may provide this information by uploading relevant documents in an acceptable electronic format to the Platform and in written responses to SBTCS’ questions and/or requests. SBTCS, in their respective sole discretion and at any time, may determine that certain tax topics, forms and/or situations are not supported by SBTCS, in which case SBTCS will be unable to prepare and file your amended income tax return and may decline to provide preparation and filing services to you.

It is your responsibility to promptly provide all information that SBTCS requires for the preparation of complete and accurate amended income tax returns. You represent that all information you provide is true and accurate and that you have the right to share the information with SBTC and SBTCS. You agree you are responsible for the overall accuracy and truthfulness of the data you submit for use by SBTCS to prepare and file your final amended income tax return(s). You understand and agree that if you provide incorrect or incomplete information, the assistance provided to you may not be accurate.

The preparation of amended income tax returns cannot be relied upon to discover errors, fraud or other irregularities in prior year amended income tax returns or other documents. Neither SBTC nor SBTCS will independently audit or otherwise verify the information you submit through the Platform or directly to SBTCS.

You are responsible for maintaining adequate documentation to substantiate the accuracy and completeness of your amended income tax returns. While SBTC will store certain records in accordance data use and privacy policies, you acknowledge and agree that you must comply with federal and state recordkeeping requirements, including those of the IRS. SBTC has no obligation to store your tax-related documents or information other than to the extent required by applicable law and regulation. You agree to hold SBTC harmless from any liability, including but not limited to, additional tax, penalties, interest and professional fees resulting from inadequate tax-related documentation or your loss of tax-related documentation.

The availability of SBTCS and their ability to meet your tax filing deadlines is subject to you allowing reasonable time for them to prepare and file your return(s), your prompt submission and presentation of documents and your prompt response to inquiries or requests for materials required for your amended income tax return(s).

You understand that your use of the Platform does not guarantee that you will be satisfied with SBTCS. If you are not satisfied with SBTCS, you have the right to terminate the engagement, however you must pay for the services of SBTC to the extent our fees are deemed earned.

In the case of a dispute between you and SBTCS, you may contact SBTC to inform us of the dispute and, at SBTC’s sole discretion, SBTC may use good-faith efforts to assist the parties in resolving the dispute but shall have no obligation to do so.

b. Filing of Amended Income Tax Returns; Electronic Filing and Paper Mail Filing

Completion of Amended Income Tax Return(s). SBTCS will notify you when your draft amended income tax return(s) is/are ready for your review to be filed by uploading them to your account in the Platform, at which point our fee is deemed earned. You will need to download and carefully review an electronic copy of your completed amended income tax return(s) for accuracy and completeness. If you identify any errors in your amended income tax return during your review (and before you approve), you agree to promptly notify SBTCS and work with SBTCS to correct any errors. To approve your personal individual amended income tax return, SBTCS may require you to electronically sign a completed Form 8879, IRS e-file Signature Authorization and any additional applicable state and local authorization forms required to allow SBTCS to electronically file your amended income tax return(s) or to be the preparer of your printed and mailed returns. These forms may use a third-party e-signature provider which you agree to use for this purpose. You agree that with your electronic signature on these forms you represent that you and any joint filer have received a copy of, reviewed, and approved the final amended income tax return(s) as complete and accurate. You and any joint filer or spouse also agree that, in the case of a jointly filed return, you and such joint filer or spouse must both sign Form 8879 to complete the approval process.

If you are filing one or more state amended income tax returns, then by using the Platform to upload your tax documents and allow SBTCS to transmit return(s) electronically, you consent to the disclosure of all information pertaining to your access and use of the Platform to the relevant state taxing authority in which you are filing the returns, as applicable by law, and to the transmission of your amended income tax return(s).

Since you are filing a federal and/or state amended income tax return on behalf of yourself as a self-employed taxpayer, you agree that you are an authorized representative of any applicable business entity on your amended income tax return and are legally authorized to file such returns(s) on behalf of the entity.

Electronic Filing and Paper Mail Filing. You are responsible for verifying the status of your return to confirm that it has been received and accepted by the applicable taxing authority and, if necessary, for filing it manually in the event that the taxing authority rejects your electronically filed amended income return (e.g., taxpayer name and SSN do not match). You agree to review your amended income tax return for accuracy and indications of obvious errors before signing and allow SBTCS to electronically file or mail it to the relevant tax authority. To the extent required by applicable law and regulation and according to our Global Privacy Policy and the terms of this Agreement, SBTC stores and maintains information that you provide to SBTC and SBTCS. In the event your amended income tax return is not accessible from SBTC or SBTCS, and you have not downloaded a copy, you must contact the IRS.

You may file a 2020 or 2021 federal amended income tax return as permitted by the IRS and supported by SBTCS. The IRS may require SBTCS to notify the IRS, in connection with the electronic filing of your amended income tax return, of certain information about the computer and account from which the return originated (for example, Internet Protocol ("IP") address) and whether the email address of the person electronically filing the return has been collected. By using SBTCS to prepare and submit your amended income tax return, you consent to the disclosure to the IRS and any other taxing or revenue authority of all information relating to your access and use of the Electronic Filing Services.

Electronic filing may not be available for certain amended income tax returns or in some states. If SBTCS cannot electronically transmit your amended income tax return, you agree to work with SBTCS to manually print and sign the amended income tax return and you agree to mail the amended income tax return back to SBTCS in accordance with its policies or procedures for submission to the respective taxing authority in a timely manner.

You understand and agree that signing your amended income tax return reflects your satisfaction with SBTCS, their services, and the Platform.

Joint Filers. You agree that for returns with "married filing jointly" filing status, both spouses are deemed to be customers of both SBTC and SBTCS and are both subject to the terms of this Agreement and any agreement or engagement terms provided by SBTCS. In the case of SBTC, both individuals acknowledge that there is no expectation of privacy between the spouses concerning the Platform and any Content, including but not limited to personal information and tax data, in connection with this Agreement. SBTC shall be at liberty to share with either of you, without prior consent of the other, partial or completed amended income tax returns, tax documents and other information stored on the Platform.

Foreign Account Reporting. The U.S. imposes reporting requirements with respect to persons having certain direct and indirect interests in a foreign bank account or other foreign financial assets. Failure to comply with these reporting requirements may result in substantial civil and criminal penalties. You are responsible for informing SBTCS of all foreign assets, and SBTCS may determine that you are not eligible to use their services or the Platform based on your specific situation with such foreign assets. If you have foreign assets and SBTCS does choose to prepare your individual income amended income tax return(s), you will be responsible for filing any required foreign amended income tax returns or required foreign account reporting, including FBAR Form 114. You, and not SBTC, assume all liability for any penalties associated with the failure to file, or untimely filing, of any of these forms.

c. Conclusion of the Engagement

Your engagement with SBTCS will conclude with either: (a) SBTCS notifying you that your amended income tax return has been accepted by the taxing authority; (b) delivery of electronic or paper copies of completed amended income tax returns to you (if you are paper filing by mail); (c) additional information is still needed but you fail to timely respond to such requests within a reasonable amount of time; (c) you failing to sign a completed amended income tax return; or (d) SBTCS decides in their sole discretion to terminate your engagement.

d. Other Services

Pricing for the preparation and filing of your return(s) for matters other than claiming SETC is determined solely by SBTCS and based on various factors which may include, without limitation, the specifics of your tax situation, the complexity of your return and the time of year in which you engage SBTCS. SBTCS may charge you for SBTCS’ services before the services are performed or once SBTCS completes your return, whether or not you ultimately authorize SBTCS to file it. In such cases, our fees will remain the same.

The Platform may also include information about (or offers for) third-party services or products or allow you to connect your account to or otherwise access third-party services or products. SBTC does not warrant, and is not responsible for, such third-party services and products or claims made about them, or the actions or inactions of any third party. You must review and comply with any Additional Terms. SBTC may be compensated by those third parties, which could impact whether, how and where the services and products are displayed.

To facilitate other third-party services, SBTC and SBTCS may be required to obtain your explicit consent for disclosure and/or use of your information. By accepting these third-party services agreements and consents, you authorize SBTC and SBTCS to use and disclose your information, including name and address, to the third party for the purpose of making the third-party services you choose available to you. For some third-party services, we may submit an application on your behalf using your information to assist you in obtaining a benefit provided by a third party. You acknowledge that neither SBTC nor SBTCS determines if you receive the benefit and that you are solely responsible for meeting the third party's requirements and complying with applicable laws and regulations. You may need to provide us with your account number, password, security questions and answers and other necessary login information ("Login Details"). You hereby represent that you have the authority to provide the Login Details to SBTC and SBTCS, and you expressly appoint SBTC and SBTCS as your, or the third party who owns the Login Details, agent with limited power of attorney to access any Third-Party Services on your behalf. You must provide true and accurate information. A third party's terms and conditions are generally found on the third party's website. Your participation in third party services indicates your acceptance of such terms and conditions for such third-party services. If you sign up for a third-party service that requires access to your information on an ongoing basis and you subsequently want us to stop making your information available to such third party, you should discontinue use of the third-party services.

7. Changes

When change happens, we will update this Agreement. If the changes are material, you may need to accept the changes to use the Platform. Similarly, there may be circumstances where we need to update or discontinue elements of, or individual services or features within, the Platform.

We may modify the provisions of this Agreement at any time. We may notify you of such modifications by posting through the Platform or on our website or by other means. It is important that you review this Agreement whenever we modify it because your continued use of the Platform indicates your agreement to the modifications. We may modify, suspend or discontinue the Platform at any time. You agree that we will not be liable to you or any third party for any modification, suspensions or discontinuance of the Platform.

In some cases, you may need to accept changes to this Agreement to continue using the Platform. If you do not agree to the changes, you may stop using the Platform or terminate your account in accordance with the then-current version of this Agreement.

Similarly, we may update the Platform, including with tools, utilities, improvements or third-party applications. You agree to receive these updates.

8. Your Rights to Use the Platform

SBTC hereby grants you a limited personal right and license to use the Platform as permitted under this Agreement. You may not use the Platform for a professional or commercial basis (i.e., for a fee or consideration).

9. Beta Features

We may provide you with access to beta features in the Platform. You are free to use them, but they are provided as-is.

We may include new and/or updated pre-release and trial features in the Platform and such features are provided as-is. Your use of such features is at no additional cost, but you must follow additional rules or restrictions that we may place on their use.

10. Desktop and Mobile App Use

Desktop and Mobile versions of our Platform may be available for download (“Software”) but you must follow applicable third-party terms when using them. You agree that you are solely responsible for any applicable changes, updates and fees as well as complying with the provisions of your agreement with your telecommunications provider and any third-party mobile app marketplace.

With respect to the applicable Software, you are only granted limited rights to install and use the Software you have downloaded, signed up for a subscription to use, or for which you have purchased a license or acquired a free trial. SBTC reserves all other rights in the applicable Software not granted to you in writing in this Agreement. Conditioned upon your compliance with the terms and conditions of this Agreement (including all payment obligations), SBTC grants you a personal, limited, nonexclusive, nontransferable, revocable license to use the applicable Software only for the period of use provided in the ordering and activation terms (as applicable), as set forth in this Agreement or in SBTC’s then-current product discontinuation policies (as updated from time to time) and only for the purposes described by SBTC for the applicable Software.

You acknowledge and agree that such Software is licensed, not sold.

You may make a single copy of the Software for backup purposes provided that you reproduce on it all copyright and other proprietary notices that are on the original copy of the Software. You will not delete or in any manner alter the copyright, trademark and other proprietary rights notices or markings appearing on the Software as delivered to you.

10.1 Use With Your Mobile Device

Mobile access to the Platform requires a compatible mobile browser and/or the download and installation of an authorized mobile app (if provided by SBTC) and may not be available for all mobile devices or telecommunication providers. You will need to check the Platform's website to ensure your mobile device and telecommunications provider are compatible with the Platform. SBTC is not obligated to provide a compatible version of the Platform (including but not limited to a compatible mobile app) for all mobile devices, operating systems or telecommunication providers, all of which are subject to change by SBTC at any time without notice to you.

a. If you choose to access and use the Platform through a mobile app provided by SBTC ("Mobile App"), if provided by SBTC, solely as part of the Platform, SBTC hereby grants you a limited, personal, non-exclusive, revocable, non-transferable license to download, install and use a single copy of the Mobile App on your own personal mobile device(s) solely for the purpose of using the Platform. You agree that your access to and use of the Platform via, through, by or within the Mobile App is governed by this Agreement. You further agree that your download, installation and use of the Mobile App is also governed by this Agreement, including but not limited to the disclaimer(s) of warranties, limitation(s) of liability and damages, dispute resolution and other terms of this Agreement.

b. You acknowledge and agree that the Mobile App is licensed, not sold. You agree not to use, nor permit any third party to use, the Mobile App in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:

(i) Provide access to or give the Mobile App or any part of the Mobile App to any third party;

(ii) Reproduce, duplicate, modify, copy, sell, trade, lease, rent or resell the Mobile App;

(iii) Transfer your license to the Mobile App to any other party;

(iv) Attempt unauthorized access to any SBTC systems that are not part of the Platform

(v) Permit any third party to benefit from the use or functionality of the Mobile App via a rental, lease, timesharing, service bureau, hosting service or other arrangement;

(vi) Decompile, disassemble or reverse engineer the Mobile App; or

(vii) Make the Mobile App available on any file-sharing or application hosting service.

10.2 Apple Requirements

If you downloaded the Platform from the Apple iTunes App Store, the following terms also apply to you:

a. Acknowledgement: You acknowledge that this Agreement is between you and SBTC only, and not with Apple, and that Apple is not responsible for the Platform and the content thereof. MPP63!Gh#

b. Scope of License: The license granted to you for the Platform is a limited, non-transferable license to use the Platform on an iPhone OS Product that you own or control and as permitted by the Usage Rules set forth in the Apple iTunes App Store Terms of Service.

c. Maintenance and Support: You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.

d. Warranty: SBTC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be SBTC’ sole responsibility.

e. Product Claims: SBTC, not Apple, is responsible for addressing any user or third-party claims relating to the Platform or the user's possession and/or use of the Platform, including, but not limited to: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

f. Intellectual Property Rights: You acknowledge that, in the event of any third-party claim that the Platform or your possession and use of the Platform infringes that third party's intellectual property rights, SBTC, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

g. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

h. Developer Contact Info: You may direct any questions, complaints or claims to: TJH Advisors, LLC, c/o the registered agent on file with the Florida Secretary of State.

i. Third Party Terms of Agreement: You must comply with any applicable third-party terms of agreement when using the Platform, e.g., if you are using a VoIP application, then you must not be in violation of their wireless data service agreement when using the Platform.

j. Third Party Beneficiary: You acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third-party beneficiary thereof.

11. Content and Data

What is yours remains yours, what is ours remains ours, but we may use information you provide to improve our Platform.

You are solely responsible for anything you write, submit, receive, share and store or any data you input into the Platform (collectively, your “Content”). Content includes, but is not limited to, data, information, materials, text, graphics, images, audio, video that are uploaded, transmitted, posted, generated, stored, or otherwise made available through the Platform. You have no obligation to provide any content to the Platform, and you are free to choose the content that you want to provide. You acknowledge certain functionality in the Platform may be dependent on the provision of Content and may not be available without such Content.

Your Content remains yours, which means that you retain any intellectual property rights that you have in your Content. By sharing your Content on the Platform, you hereby grant SBTC a license to use your Content, as described in more detail below.

You understand and agree that SBTC may monitor interactions on the Platform between you and SBTCS for quality control and Platform improvement purposes, including but not limited to recording of video, audio and text-based messaging.

a. What's Covered

You understand and agree that SBTC may monitor interactions on the Platform between you and SBTCS for quality control and Platform improvement purposes, including but not limited to recording of video, audio and text-based messaging.

b. Scope

This license is:

  • worldwide, which means it is valid anywhere in the world;
  • non-exclusive, which means you can license your Content to others; and
  • royalty-free, which means there are no fees for this license.
c. Rights

This license allows SBTC to:

  • host, reproduce, distribute, communicate, sublicense and use your Content — for example, to save your Content on our systems and make it accessible from anywhere you go;
  • publish or publicly display your content if you have made it visible to others; and
  • modify and create derivative works based on your Content, such as reformatting, translating it, and copying and analyzing it, including in order to train SBTC’s artificial intelligence and machine learning technologies.
d. Purpose

This license is for the limited purpose of operating, providing and improving the Platform, which means allowing the Platform to work as designed and creating new features and functionalities.

e. Duration

This license lasts for as long as your Content is protected by intellectual property rights.

SBTC may collect, derive or generate deidentified and/or aggregated data regarding your usage of or the performance of the Platform, including data derived from your Content. SBTC will own all such data and may use this data without restriction, including, but not limited to, operating, analyzing, improving, or marketing SBTC’s products and services, including the Platform.

As between you and SBTC, SBTC and its licensors retain all right, title or interest in and to the Platform, except for the rights granted to you.

12. Prohibited Uses

We expect you to obey the law and follow certain rules in using the Platform.

SBTC does not condone or support any activity that is illegal, violates the rights of others, harms or damages SBTC’ reputation, or could cause SBTC to be liable to a third party. At minimum, you may not use the Platform to:

  • Violate any law, regulation, executive order or ordinance, including through actions that give rise to criminal, civil, administrative or regulatory liability and/or fines;
  • Post, generate, or share Content that is or may be illegal or inappropriate, including material that may be defamatory, obscene, harassing, offensive, fraudulent, objectionable, false or misleading, or infringing;
  • Transmit any virus, trojan horse, or other disruptive or harmful software or data;
  • Send any unsolicited or unauthorized advertising, such as spam;
  • Impersonate or misrepresent your affiliation with SBTC;
  • Reproduce, modify, resell, license, or provide free or unauthorized access to the Platform or make the Platform available on any file-sharing, virtual desktop or application hosting service;
  • Attempt to reverse engineer, decompile or disassemble in any way any of the Platform;
  • Engage in unauthorized access, monitoring, interference with, or use of the Platform or third-party accounts, information (including personal information), computers, systems or networks, including scraping or downloading content that does not belong to you;
  • Use the Platform for general archiving or back-up purposes; or
  • Encourage or enable any other individual to do any of the above or otherwise violate this Agreement.

We take copyright seriously at SBTC. We respect the copyrights of others and expect you to do the same. If you infringe the copyrights of others, we may terminate your account.

SBTC may terminate your use of the Platform based on our reasonable suspicion that your activities, business or products are objectionable or promote, support or engage in any of the prohibited uses described above.

SBTC may (but has no obligation to) monitor the use of the Platform or Content and may edit or remove any Content. We may disclose any information necessary to satisfy our legal obligations, protect SBTC or its customers, or operate the Platform properly.

13. Termination

You may cancel your account and SBTC may suspend or terminate your use of the Platform for any reason in its sole discretion. For mobile apps, removing the app may not cancel your subscription or delete your data.

This Agreement is effective until your subscription expires, you cancel your account, or SBTC terminates this Agreement (or your account). SBTC may terminate this Agreement (and your account) or suspend the Platform at any time in our discretion.

Please note that removing an SBTC mobile app from your device may not cancel your subscription or delete your data. If you want to cancel your subscription for a service, please follow the applicable service instructions. If you wish to delete your data from a service, please log into SBTC and follow the instructions under applicable setting or follow the instructions in our Global Privacy Statement.

14. Effect of Termination

You must stop using the Platform once you cancel your account (or if this Agreement or your account is terminated).

Upon cancellation of your account, or SBTC’s termination of your account or this Agreement, you must immediately stop using the Platform. No termination will affect your obligation to pay all fees due or that may have been earned through the effective date of termination or entitle you to any refund.

15. Survival

There are a few parts of this Agreement that will continue to apply after termination.

The following Sections will survive any termination, discontinuation or cancellation of the Platform or your account: “Your Personal Information; Privacy of Personal and Tax Return Information,” “Payment and Cancellations” (with respect to fees due and unpaid), “Content and Data,” “Effect of Termination,” “Disclaimers,” “Limitation of Liability,” “Indemnity Obligations,” “Disputes,” and “Other General and Miscellaneous Terms”.

16. SBTC Communications

We may contact you from time to time to support your use of the Platform.

In order to properly support and serve you, we occasionally need to reach out and contact you, and may do so in a variety of ways such as via text message, email or messaging functionality in the Platform. We want to provide you options for receiving communications from us, and as such you may opt-in or opt-out of receiving certain types of communications from us or sign up to receive certain kinds of messages from us, depending on the Platform. You will need to notify us of any changes to your contact details to ensure your preferences are updated.

The terms and conditions governing the offering of this support, are subject to change as announced by SBTC from time to time. If you choose to allow an SBTC agent to have remote access to your computer via the Internet to provide help, you should close other browsers or applications or follow other instructions to enable such access. Except as otherwise provided herein, the Platform is not accessible after October 15, 2024 for amended income tax returns for the year 2020, and October 15, 2025 for amended income tax returns for the year 2021, and shall not be supported beyond that date.

You may provide us with your telephone number as part of your customer record or registration or via other methods. You understand and agree that SBTC may use your telephone number for multi-factor authentication (“MFA”), to confirm your identity and help protect the security of your account. Part of the MFA identity verification process may involve SBTC sending text messages containing security codes to your telephone number. You agree to receive these texts from SBTC containing security codes as part of the MFA process. In addition, you agree that SBTC may send automated text messages and pre-recorded voice messages to the telephone number you provide for other limited purposes, including: providing you with important critical notices regarding your use of the services, or fulfilling a request made by you through the services.

You agree that for help and support related to the content and preparation of your amended income tax return(s) you will seek such help and support from SBTCS and not from SBTC.

17. Import Services and Third-Party Account Information

SBTC is not responsible for any account information obtained from third parties.

When you direct SBTC to retrieve your account information from third parties, you authorize and permit us to use and store that information you submit through the Platform (such as usernames and passwords) for purposes of providing the Platform and services to you. You grant SBTC a limited power of attorney to access those accounts and retrieve your account information, without additional notice to you. SBTC will be acting as your agent and will not be acting on behalf of the third party.

SBTC does not review third party account information for accuracy and is not responsible for any issues or expenses resulting from such account information, including any inaccuracy, error, delay, or non-delivery. For clarity, SBTC is not responsible for any payment processing errors or fees arising from inaccurate account information provided by third parties.

18. Disclaimers

We do not make any warranties about the Platform except as expressly stated in this Agreement.

The only warranties we make about the Platform are (1) stated in this Agreement, or (2) as provided under applicable laws. The Platform is otherwise provided “as-is,” and we do not make any other warranties about the Platform. Unless required by law, we do not provide implied warranties, such as the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Platform is error-free, secure, or free from any viruses or other harmful components. We also do not provide any warranties with respect to data loss or to the accuracy, reliability, or availability of the Platform, nor of any content (including any Content) or information made available in the Platform. If the exclusions for implied warranties do not apply to you, any implied warranties are limited to sixty (60) days from the date of purchase or delivery of the Platform, whichever is sooner.

19. Limitation of Liability

Our liability is limited when it comes to issues you may encounter with our Platform.

Other than the rights and responsibilities described in this Agreement and as allowed by applicable law, SBTC will not be responsible for any losses.

The total aggregate liability of SBTC and our third-party providers, licensors, distributors or suppliers (“SBTC Parties”) arising out of or relating to this Agreement is limited to the greater of: (1) the fees that you paid to use the relevant service(s) in the 12 months before the breach or (2) $100.

The SBTC Parties will not be responsible for the following:

  • Loss of data, profits, revenues, business opportunities, goodwill or anticipated savings;
  • Indirect, incidental, or consequential loss;
  • Punitive damages; or
  • Damages relating to failures of telecommunications, the internet, electronic communications, corruption, security, viruses, or spyware.

The above limitations apply even if the SBTC Parties have been advised of the possibility of such damages. This Agreement sets forth your exclusive remedy with respect to the Platform and its use.

If you are legally exempt from certain responsibilities, including indemnification, then those responsibilities do not apply to you under this Agreement. For example, the United Nations enjoys certain immunities from legal obligations and this Agreement does not override those immunities.

YOU UNDERSTAND THAT SBTC WILL NOT AUDIT OR OTHERWISE VERIFY ANY INFORMATION YOU PROVIDE AND IS NOT RESPONSIBLE FOR DISALLOWED DEDUCTIONS OR THE INCLUSION OF ADDITIONAL UNREPORTED INCOME OR RESULTING TAXES, PENALTIES, OR INTEREST. SBTC SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS OF SBTCS. SBTC SHALL NOT BE LIABLE FOR TAX POSITIONS TAKEN BY YOU, INABILITY TO FILE YOUR RETURN, DELAY IN PREPARING YOUR TAX RETURN, INCORRECT OR INCOMPLETE INFORMATION PROVIDED TO SBTC OR ANY ACCESS TO, OR USE OF, YOUR PASSWORD AND USER ID BY AN UNAUTHORIZED PERSON.

SBTC 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.

ANY FINANCIAL INSTITUTIONS THROUGH WHICH YOU ACCESS THE PLATFORM FOR ONLINE BANKING SHALL NOT HAVE LIABILITY RESULTING FROM YOUR USE OF THE PLATFORM.

20. Indemnity Obligations

If someone sues us because you used the Platform unlawfully or did not follow our rules, you will be responsible for any harm to us.

You will indemnify and hold harmless the SBTC Parties for any losses, damages, judgments, fines, costs and expenses (including legal fees) in connection with any claims arising out of or relating to your unlawful or unauthorized use of the Platform or violation of this Agreement. SBTC reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claims. You agree to reasonably cooperate as requested by SBTC in the defense of any claims.

21. Disputes

In the event we are unable to resolve any dispute through an informal dialogue, a third-party arbitrator or small claims court will help us resolve any disputes we might have, and any disputes will be resolved on an individual basis rather than as a class action.

You and SBTC agree that, except as provided below, any dispute, claim or controversy arising out of or relating in any way to the Platform or this Agreement (a “Claim”) will be determined by binding arbitration or small claims court, instead of in courts of general jurisdiction.

Either you or SBTC can seek to have a Claim resolved in small claims court if all the requirements of the small claims court are satisfied. Either you or SBTC may seek to have a Claim resolved in small claims court in your county of residence or the small claims court in closest proximity to your residence, and you may also bring a claim in small claims court in any of the small claims courts within the city of Miami, Florida.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision, and that you and SBTC are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and/or the termination of your account.

If you elect to seek arbitration, you must first send to SBTC a written notice of your Claim ("Notice of Claim"). The Notice of Claim to SBTC should be sent in care of our registered agent on file with the Florida Secretary of State. The Notice of Claim should include both the mailing address and email address you would like SBTC to use to contact you. If SBTC elects to seek arbitration, it will send, by certified mail, a written Notice of Claim to your address on file. A Notice of Claim, whether sent by you or by SBTC, must (a) describe the nature and basis of the Claim or dispute; and (b) set forth the specific amount of damages or other relief sought.

You and SBTC agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and SBTC therefore agree that, after a Notice of Claim is sent but before either you or SBTC commence arbitration or file a Claim in small claims court against the other, we will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any Claim covered by this Agreement. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference. Likewise, if SBTC is represented by counsel, its counsel may participate in the conference as well, but SBTC agrees to have a company representative fully participate in the conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.

If we do not reach an agreement to resolve the Claim within sixty (60) days after the Notice of Claim is received, you or SBTC may commence an arbitration proceeding by filing a Demand for Arbitration or, alternatively, by filing a Claim in small claims court. You agree that you may not commence any arbitration or file a Claim in small claims court unless you and SBTC are unable to resolve the Claim within sixty (60) days after we receive your completed Notice of Claim and you have made a good faith effort to resolve your claim directly with SBTC during that time. If a Claim qualifies for small claims court, but a party commences an arbitration proceeding, you and SBTC agree that either party may elect instead to have the Claim resolved in small claims court, and upon written notice of a party’s election, the American Arbitration Association (“AAA”) will administratively close the arbitration proceeding. Any dispute about whether a Claim qualifies for small claims court shall be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding shall remain closed unless and until a decision by the small claims court that the Claim should proceed in arbitration. You may download or copy a form of notice and a form to initiate arbitration at www.adr.org or by calling 1-800-778-7879. The arbitration will be conducted by the AAA before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879, except as modified by this Agreement. Unless SBTC and you agree otherwise, any arbitration hearings will take place in the county (or parish) of either your residence or of the mailing address you provided in your Notice of Claim.

The arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Florida or the state of your residence and will be selected by the parties from the AAA’s National Roster of Arbitrators. The arbitrator will be selected using the following procedure: (a) the AAA will send the parties a list of five candidates meeting this criteria; (b) if the parties cannot agree on an arbitrator from the list, each party shall return its list to the AAA within 10 days, striking up to two candidates, and ranking the remaining candidates in order of preference; (c) the AAA shall appoint as arbitrator the candidate with the highest aggregate ranking; and (d) if for any reason the appointment cannot be made according to this procedure, the AAA may exercise its discretion in appointing the arbitrator. The arbitrator is bound by this Agreement. Except as otherwise provided below, all issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision.

The parties agree that an administrative conference with the AAA shall be conducted in each arbitration proceeding, and you and an SBTC company representative shall appear at the administrative conference via telephone. If you fail to appear at the administrative conference, regardless of whether your counsel attends, the AAA will administratively close the arbitration proceeding without prejudice, unless you show good cause as to why you were not able to attend the conference.

The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. SBTC will not seek to recover its attorneys’ fees and costs in arbitration from you unless the arbitrator finds that either the substance of your Claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Judgment on any award may be entered in any court having jurisdiction. This agreement to arbitrate shall not preclude any party to the arbitration from at any time seeking injunctions or other forms of equitable relief in aid of arbitration from a court of appropriate jurisdiction including whether a Demand for Arbitration is filed in violation of this Agreement.

Unless you or SBTC seek to have a Claim resolved in small claims court, the arbitrator shall determine all issues of liability on the merits of any Claim asserted by you or SBTC and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or SBTC prevail on a Claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual Claims in arbitration. Before a court of competent jurisdiction issues any public injunctive relief, it shall review the factual findings of the arbitration award on which any injunction would issue with no deference to the arbitrator.

Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. You are required to pay AAA’s initial filing fee, but SBTC will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeds the fee for filing a complaint in a federal or state court in your county of residence or in Miami-Dade County, Florida. If the arbitrator finds that either the substance of your Claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and SBTC will not reimburse your initial filing fee. The parties agree that the AAA has discretion to modify the amount or timing of any administrative or arbitration fees due under the AAA Rules where it deems appropriate, provided that such modification does not increase the AAA fees to you or SBTC, and you and SBTC waive any objection to such fee modification.

You and SBTC agree that each may bring Claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, if you have elected arbitration, unless both you and SBTC agree otherwise, the arbitrator may not consolidate any other person's Claims with your Claims and may not otherwise preside over any form of a representative or class proceeding. If SBTC believes that any Claim you have filed in arbitration or in court is inconsistent with the limitations in this paragraph, then you agree that SBTC may seek an order from a court determining whether your Claim is within the scope of the Class Action Waiver. If this Class Action Waiver is found to be unenforceable, then the entirety of this Disputes Section shall be null and void.

22. Other General and Miscellaneous Terms

You agree that SBTC is not acting as your agent or fiduciary in connection with your use of any Platform.

This Agreement is the entire agreement between you and SBTC and replaces all prior understandings, communications, and agreements, oral or written, regarding its subject matter.

If we waive some of our rights under this Agreement, it does not mean we waive our rights in other circumstances.

SBTC’s failure to act or enforce any of its rights does not constitute a waiver of any of our rights. Any waiver by SBTC of any of the provisions in the Agreement must be made in writing and signed by a duly authorized officer of SBTC.

You cannot transfer this Agreement or your right to use the Platform to someone else without our prior, written permission.

SBTC may assign this Agreement to any party at any time without notice to you. You may not assign your rights under this Agreement, by operation of law or otherwise, without our prior, written consent. Any attempts to do so without our prior, written consent is void.

If a court or arbitrator voids a term of this Agreement, the other terms will not be affected.

If any provision of this Agreement is unlawful, void, or unenforceable for any reason, then that provision will be severed and the remaining provisions will remain in full force and effect.

Headings in this Agreement are for reference purposes only, and they will not affect the meaning or interpretation of this Agreement.

You can contact SBTC by mail at the Registered Agent’s address for TJH Advisors, LLC on file with the Florida Secretary of State if you have a question or concern about the Platform or this Agreement.

23. Governing Law

The laws of the State of Florida and the Federal Arbitration Act will govern all disputes arising out of or relating to the Platform, this Agreement, and any Additional Terms, regardless of conflict of laws rules.

The United Nations Convention of Contracts for the International Sale of Goods does not apply to this Agreement.

24. Compliance with Global Trade Laws and Restrictions

You are allowed to use the Platform under the laws of the U.S. and other applicable territories. The Platform shall not be exported to jurisdictions that are subject to government embargos or comprehensive sanctions.

You agree that you and anyone who uses the Platform, including the related website, online services and mobile apps, are not prohibited from using the Platform under the laws and regulations of the United States or other applicable jurisdiction.  For example, You will not use, export, re-export, import, sell, release, or transfer the Platform, the Software or the service directly or indirectly, except as authorized by United States law, the laws of the jurisdiction where the Platform and Software are made available, and any other applicable laws and regulations. In particular, but without limitation, the Platform, Software, services, source code, and technology may not be exported, or re-exported, transferred, or released (a) into any U.S. embargoed and comprehensively sanctioned jurisdiction (Cuba, Iran, North Korea, Syria and the Crimea, Donetsk (“DNR”), and Luhansk (“LNR”) regions of the Ukraine) and Russia; or (b) to anyone included in the U.S. Treasury Department’s list of Specially Designated Nationals or on any other applicable restricted party lists. You also agree that you will not use the Platform, Software and services for any purposes prohibited by United States law. In addition, you certify that neither you nor any principals, officers, directors, or any person or entity (including any beneficiaries, owners, affiliated and/or associated parties) you know to be directly involved with the use of the Platform, Software and the services are not: (a) on any sanctions lists in the countries where the Platform, Software and services are available, (b) doing business in any of the U.S. embargoed countries, and (c) a military end user as defined in 15 C.F.R § 744.

25. Government End Users of Software

Even if you are a government end user, your rights to Software are limited to what is described in this Agreement.

The Software is a "commercial item" as that term is defined in FAR 2.101, consisting of "commercial computer software," as such term is used in FAR 12.212 and DFARS 227.7202. If the Software is being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government’s rights in the Software will be only those specified in this Agreement.

26. Contact Information

If you have any questions about the Platform or this Agreement, please contact SBTC support.