2.1. FinTax will publish information from time to time regarding the pricing and billing method of the FinTax Software on FinTax’s website. For information about specific billing rules related to FinTax Software, see the announcement on FinTax’s website. Service fees are calculated based on the billing method and rules then effective as published from time to time on [InTax’s] nominated web page at the relevant time.

2.2. FinTax adopts the pay-as-you-go billing method. If you do not pay immediately after placing the order, the order will be retained for 20 minutes. If you still do not pay at the end of 20 minutes, the order will be invalid. After the order is invalid, the agreement between FinTax and you on the service will be void.

2.3. You understand and agree that, in order to improve the functionality and user experience of FinTax Software, FinTax has the right to adjust the FinTax Software, including but not limited to adjustments to the service system, service name, pricing system, or billing method. FinTax shall use commercially reasonable endeavors to inform you of the foregoing adjustments and changes in advance by posting announcements on the official website, sending internal messages, sending text messages to your mobile number, or other means.

2.4. You acknowledge and agree that FinTax has the right to offer promotional discounts based on its own business promotion needs. All promotional discounts and complimentary service items are one-time special offers provided by FinTax. These special offers do not include the modification, update, or maintenance costs applicable to the complimentary service items, and the complimentary service items cannot be converted to offset the service price.

3.1. Your rights and obligations

3.1.1. You agree to abide by these Terms of Service and relevant specifications and procedures set forth on the official website. You understand that the content of the foregoing agreements and specifications may be modified from time to time.

3.1.2 If any content of these Terms of Service is modified, FinTax shall notify you of the modified content by posting an announcement on an appropriate page of FinTax’s website 30 days in advance. If you do not agree to a modification made by FinTax to the relevant terms of these Terms of Service, you have the right to stop using the Service provided by FinTax. In such cases, you shall export the relevant business data and settle the service fees with FinTax. If you continue to use the Service, this shall signify that you have accepted the modification made by FinTax to the relevant terms of these Terms of Service.

3.1.3. You shall pay the corresponding service fees in accordance with the published pricing of FinTax available at FinTax’s website and as agreed in these Terms of Service.

3.1.4 After you pay the corresponding service fees, you are entitled to require FinTax to provide the service to you in accordance with this Agreement and the service descriptions, technical specifications, and other relevant content displayed on the relevant pages of the FinTax’s website.

3.1.5 After you pay the corresponding service fees, you are entitled to customer service at no extra charge for so long as fees are paid up in respect of the Services.

3.1.6. You warrant that:

3.1.6.1. The use of the Service shall comply with the Service Use Rules and this Agreement.

3.1.6.2. You are responsible for the accuracy and completeness and confidentiality of all information and data stored by you on the cloud platform provided by FinTax, as well as security tokens and passwords that you use to access and manage various products and services on the cloud platform provided by FinTax. You must not share your passwords, login details or other security tokens or arrangements with any other person. You are solely liable for the losses and consequences that result from the loss or leakage of the said data, security tokens, and passwords due to your improper maintenance or unjustifiable disclosure.

3.1.6.3. You are solely responsible for the backup of your data for the purpose of data security. FinTax may provide data backup features or tools for you, and you are solely responsible for relevant operations to complete the backup.

3.1.6.4. You are solely responsible for the sources and content of your business data. You must ensure the legality of such data sources and content. You shall assume all corresponding consequences and liabilities resulting from the content of your business data in violation of applicable laws and regulations, departmental regulations, or national policies.

3.1.6.5. You agree that it is solely your responsibility to establish a legal basis for the processing of data of your customers, employees or any third parties who provide data to you under applicable law, including providing adequate privacy notices and obtaining any required consents by customers or employees. You represent and warrant to FinTax that you have a legal basis for processing this data, including obtaining any required notices and consents, under applicable law. You also represent that you will comply with any data protection laws and regulations, including but not limited to obtaining consents and rules relating to the cross-border transfer of personal data, which may be applicable in connection with your use of FinTax Service.

3.1.6.6. You shall comply with the relevant service descriptions, technical specifications, process, operating documents, and other content (collectively, “operational guidelines”) displayed on FinTax website, and perform relevant operations in accordance with operational guidelines. You are solely responsible for and shall assume the consequences that result from the violation of relevant operational guidelines.

3.1.7. If FinTax discovers that you have breached any of the preceding terms, it has the right to take appropriate measures based on the circumstances, including but not limited to immediate deletion of the corresponding information or termination or suspension of the Service. You must indemnify FinTax, together with its officers, employees or affiliates, or FinTax partners from any losses or liabilities arising from your violation of the preceding terms causes losses.

3.1.8. FinTax shall not take any responsibility for your losses caused by the appropriate measures taken by FinTax in accordance with term 3.1.7, including but not limited to deletion of the corresponding information or suspension or termination of the Service.

3.1.9. You understand that FinTax cannot guarantee that the Service will operate without interruption or operate in a manner that is flawless. The Service is provided to you “as is” and on an “as available” basis and on the condition that you take all responsibility for assessing the accuracy of the content and rely on it at your own risk. FinTax does not warrant that functions contained in the Service content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that FinTax or the server that makes it available, are free from viruses or bugs. For example, FinTax security products cannot guarantee that your hardware or software is absolutely secure. Therefore, you agree that, even if the Service provided by FinTax has flaws and such flaws are unavoidable due to the current technology level in the industry, these flaws shall not be considered as breaches of agreement on the part of FinTax. You agree to work with FinTax to resolve such flaws.

3.2. Rights and obligations of FinTax

3.2.1. FinTax shall provide the Service to you in accordance with these Terms of Service and the service standards displayed on the product page.

3.2.2. During the term of service, FinTax shall provide you with a designated email address for after-sales inquiries or troubleshooting service.

3.2.3. FinTax provides the technical support specified in these Terms of Service, but does not bear the consequences or losses attributable to you, including but not limited to the quality of third-party products or services, poor code quality, management negligence, and ineffective security management.

3.2.4. FinTax shall strictly abide by its confidentiality obligations.

4.1. FinTax understands and acknowledges that the data you transform, store, upload, download, distribute, and otherwise process by using the services that FinTax provides is your business data, and you have full ownership of your business data.

4.2. Except for the cases of implementing your service requirements, FinTax shall not use or disclose your business data without authorization. However, this does not apply to the following situations:

4.2.1. Competent national authorities require or access business data as required by laws, regulations, and policy documents. In this case, FinTax is obligated to cooperate and provide such data to third parties or to administrative or judicial authorities.

4.2.2. You have reached a separate agreement with FinTax pertaining to business data.

4.3. You can delete, change, and otherwise manage your business data on your own. If you cease the use of the Services or delete data on your own, FinTax will delete your online data and no longer retain the data. You shall be cautious in deleting, changing, or otherwise managing the data.

4.4. When this Agreement expires, the Service is terminated for any reason (including, but not limited to, early termination by agreement between both parties, and early termination due to other causes), or you are in arrears, FinTax will continue to store your business data (if any) only for the specified grace period (the time limit specified in the specific terms, product documentation, service description, and other such materials for your products and/or services shall prevail). After this period elapses, FinTax will delete all business data, unless such action is clearly prohibited by relevant laws or regulations, the requirements of competent authorities, or a separate agreement between the two parties. The data to be deleted includes all cached or backed up copies. FinTax shall no longer retain any of your business data.

4.5. Once the business data is deleted, it cannot be recovered; you shall assume the consequences and responsibilities resulting from the deletion of such data on your own. You understand and agree that FinTax has no obligation to continue to retain, export, or return the business data following such termination or deletion.

5.1. The intellectual property rights in any information, technology or technical support, software, and services provided by either party to the other party hereunder are owned by the providing party or its legal rights owner. Unless otherwise expressly agreed to by the providing party or legal rights owner, the other party is not entitled to copy, disseminate, transfer, license, or let others use the aforementioned intellectual property rights. Otherwise, the other party shall be liable accordingly.

5.2. You shall ensure that the materials submitted to FinTax, the use of FinTax services, and the results arising from the use of FinTax services do not infringe upon the legitimate rights and interests of any third party. FinTax shall ensure that the Service provided for you does not infringe upon the legitimate rights and interests of any third party.

5.3. If a third-party organization or individual challenges or files a complaint against the ownership of the intellectual property rights of relevant materials involved in your use of FinTax services, or against the ownership of the intellectual property rights in the FinTax services that you use, both you and FinTax are responsible for issuing relevant certificates concerning the intellectual property rights and cooperating with each other on handling relevant complaints. Any claim, lawsuit, or possible lawsuit shall be settled by the party owning the relevant intellectual property who shall indemnify the other party against any expenses and losses that arise therefrom.

6.1. For the purpose of this Agreement, confidential information refers to trade secrets (including financial secrets), technical secrets, business know-how, and/or other information and materials that shall be kept confidential (including product information, product plans, prices, financial and marketing plans, business strategies, customer information, customer data, R&D, software, hardware, APIs, technical descriptions, designs, special formulas, and special algorithms) that a party (hereinafter referred to as the “receiving party”) obtains or becomes aware of from the other party (hereinafter referred to as the “disclosing party”) or that is generated due to two parties’ fulfillment of this Agreement, regardless of the form or carrier of such information and data, and whether the disclosing party has indicated the confidential nature of such information and data in oral, graphic, written, or other forms at the time of disclosure.

6.2. Both parties shall take appropriate measures to properly preserve the confidential information provided by the other party, with measures no less prudent than those it takes to protect its own confidential information. Both parties shall use the confidential information only for the intended uses or purposes under this Agreement.

6.3. Both parties shall only disclose the confidential information to principles or employees involved in this business, and shall strictly manage the staff with access to the preceding confidential information, to ensure that they will comply with the confidentiality obligations set forth herein.

6.4. The preceding restrictions under this Agreement do not apply to the following situations:

6.4.1. The confidential information is already legally owned by the receiving party at the time of or prior to the signing of this Agreement.

6.4.2. The confidential information is obtained by the receiving party from a third party without breach of any confidentiality or non-disclosure obligations.

6.4.3. The confidential information has been disclosed or can be obtained from the public domain on the premise that the confidentiality obligations hereunder are not violated.

6.4.4. The confidential information is independently developed by the receiving party or its associated or affiliated companies without benefits from the disclosing party or its associated or affiliated companies.

6.4.5. The receiving party discloses the confidential information only as required by courts or other legal and administrative departments, by procedures such as oral questioning, inquiry, request for information or documents, subpoena, and civil or criminal investigation.

6.4.6. When the receiving party applies to the administrative department, industry association, or other institutions for a certain business qualification, obtains a certain certification, or abides by the national and industrial standards/certifications, the receiving party shall submit materials or disclose information required in order to provide an explanation to the aforementioned institutions in accordance with the other party’s situation. In such cases, the receiving party shall, if necessary, abide by the minimum disclosure principle and require the institutions obtaining the confidential information as a result to keep such information confidential under standards not lower than those under this Agreement.

6.5. You and FinTax shall make the best efforts to protect the foregoing confidential information from being disclosed. If any of the preceding confidential information is disclosed, both parties shall cooperate and take all proper measures to avoid or mitigate the consequences of damage.

7.1. The service term of FinTax Software shall start from the earlier of the date on which you create your FinTax account to activate the Service or otherwise use the Service.

7.2. FinTax will stop providing the FinTax Software for you under the following circumstances:

7.2.1. The termination is agreed upon by the parties after negotiation.

7.2.2. FinTax sends you an announcement on the website ( Fintax.tech or thetaxdao.com ), a notice on the appropriate page on the website ( Fintax.tech or thetaxdao.com ), an internal message, or a written notice to terminate the Service hereunder due to changes in its own business policies.

7.2.3. You are in serious violation of these Terms of Service, including but not limited to (1) your failure to fulfill the payment obligation in accordance with these Terms of Service, and/or (2) your serious violation of the commitments made in these Terms of Service and such violation continues for 5 business days after notice from FinTax of such violation, and/or (3) your serious violation of laws and regulations. In such cases, FinTax has the right to immediately terminate the Service in accordance with the relevant provisions hereof.

7.2.4. You understand and acknowledge that FinTax does not guarantee the permanent provision of specific services and is entitled to change the forms, specifications, and other aspects (such as the service price and the billing method) of the services provided due to technical upgrades, service system upgrades, business strategy adjustment, or adaptation to major changes in technical or relevant regulatory policies. Before FinTax terminates such services or makes such changes, FinTax will use one or multiple methods to notify you in advance, including announcements on the website, internal messages, emails, and text messages. If you do not agree to any such termination or modification made by FinTax, you have the right to stop using the Service provided by FinTax. If you continue to use the Service, this shall signify that you have accepted the termination or modification made by FinTax.

8.1. If you violate one of the commitments, warranties, service use rules, or obligations as specified herein, or FinTax believes, based on its reasonable judgment, that your use is abnormal, FinTax is entitled to take one or multiple of the following measures based on the severity of the circumstance and its independent reasonable judgment: (1) to restrict or suspend the use of the Service, (2) to terminate the provision of the Service and terminate this Agreement, (3) to hold you liable according to law, and (4) to take other measures that FinTax deems reasonably appropriate. You shall be liable for any loss arising from the suspension or termination of the Service or other measures taken by FinTax in accordance with the foregoing terms.

8.2. If you violate relevant provisions of applicable laws and regulations, this Agreement, or relevant rules, thereby resulting in any loss to, any claim filed by other users or any third party against, or any penalty imposed by any administrative department on FinTax, you must indemnify and shall make full compensation for the actual losses sustained by FinTax, other users, or relevant third parties, including a reasonable proportion of the charges for affording a lawyer.

8.3. You understand and agree that, given the special nature of computer and Internet services, FinTax shall not be deemed to commit a breach of this Agreement under any of the following circumstances:

8.3.1. It is necessary for FinTax to suspend the Service for a short period of time for system and server configuration, maintenance, or upgrading.

8.3.2. Access to your website may slow down as a result of congestion on the Internet.

8.4. You may terminate the Service if the Service is unavailable for 72 consecutive hours for reasons attributable to FinTax, except where the Service becomes unavailable for any reason beyond the control of FinTax.

8.5. FinTax shall not, under any circumstances, take responsibility for any indirect, consequential, punitive, contingent, or special damages, including the loss of profits that arise from your use of the Service provided by FinTax, even if FinTax have been notified of the possibility of such loss.

8.6. To the extent permitted by law, FinTax’s liability for any breach of a term or condition implied by law is limited at FinTax’s discretion:

8.6.1. if the breach relates to goods, replacing, repairing or supplying goods equivalent to those goods or paying the cost of replacing or repairing them or acquiring equivalent goods: or

8.6.2. if the breach relates to services, resupplying, or paying the cost of resupplying, those services.

You agree that FinTax may collect and use personal information about you and information to assist us to identify the device upon which you use the Service, (such as your device’s IP address, operating system and your email addresses) when you engage in transactions and interactions regarding the Service. The purpose of this collection is to enable FinTax to supply services to you and provide to you information regarding updates to the Service. FinTax will not provide to any third party any personal information about you except as expressly or impliedly permitted under these terms or as otherwise permitted or required by law.

10.1. When you use FinTax services, you shall provide FinTax with true and valid contact information (including your email address, telephone number, and contact address). If your contact information changes, you are obligated to update relevant information in a timely manner and ensure that you can be contacted. Your FinTax user accounts that are used to receive internal messages and system messages are also regarded as your valid contact information.

10.2. FinTax will send notices to you through one or multiple of your contact methods. Given that the content of such notices may have a major positive or negative impact on your rights and obligations, you should pay timely attention to them.

10.3. Regarding the notices sent by FinTax to you through above-mentioned contact methods, written notices sent electronically, including announcements, text messages to your telephone number, emails to your email address, and system messages or internal messages to your account, shall be deemed to have been delivered upon successful sending. Written notices sent through a paper-based carrier shall be deemed to have been delivered on the fifth calendar day after posting.

10.4. You shall ensure that the contact information you provide is accurate and valid, and update the contact information in any case that it is changed. Any possible legal consequences arising from the failure or delay in receiving the legal documents due to your provision of inaccurate contact information or failure to inform FinTax of the changed contact information shall be borne by yourself.

11.1. In the event that a force majeure event or any other unexpected event renders the performance of these Terms of Service impossible, unnecessary, or meaningless, the party that suffers the force majeure event or unexpected event shall not be held liable for this.

11.2. A force majeure or unexpected event refers to an objective event that is unpredictable, insurmountable, and unavoidable, and has a significant impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, and plagues, and social events such as war, turmoil, governmental acts, interruption of trunk lines of communication, hacker attacks, network congestion, technological adjustments by telecom departments, as well as government regulations.

12.1. These Terms of Service shall be governed by the laws of the Hong Kong.

12.2. Any dispute arising from or in connection with this Contract shall be submitted to Hong Kong International Arbitration Centre ( HKIAC ) for arbitration which shall be conducted in accordance with the HKIAC’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.

13.1. Annexes to this Agreement, service descriptions, and price descriptions posted by FinTax on relevant pages of the FinTax website, and the order pages that you confirm, including service descriptions, and operating documents for the Service (if any), constitute an integral part of this Agreement. In case of any inconsistency, these documents shall apply in the following order of priority: (1) service descriptions, price descriptions, and order pages, (2) special terms and annexes, and (3) general terms and conditions of this Agreement.

13.2. You agree that FinTax Software provided by FinTax under this agreement shall only be used as a software tool for users to calculate taxes. FinTax and FinTax Software itself does not provide users with any tax, accounting, investment, or other professional advisory services. Users should not consider the services provided by FinTax as the final result or basis for tax calculation or declaration. If there are any discrepancies between the service results provided by FinTax and the user’s final tax calculation or declaration results, FinTax shall not be liable for any such discrepancies.

13.3 In connection with the Services, you will comply with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations, including U.S. or EU restrictions that prohibit or restrict the export, re-export or transfer of products, technology, services or data – directly or indirectly – to or for sanctioned territories, restricted persons, or other relevant end-users (collectively, “Export Laws”). You agree not to engage in any activities in connection with the Services that would risk placing FinTax in breach of any Export Laws and are solely responsible for compliance with Export Laws related to the manner in which you choose to use the Service.

13.4.In case of any changes in the content of this Agreement, FinTax shall notify you of the changed content by making an announcement at an appropriate location on the FinTax website 30 days in advance. By continuing to use FinTax services, you are deemed to have accepted the relevant changes made by FinTax.

13.5.FinTax has the right to transfer all or part of its rights and obligations under these Terms of Service to its affiliates by posting an announcement on Fintax.tech or thetaxdao.com or by sending you an internal message or written notice.

13.6.No waiver by FinTax of the right to hold you liable for the negligence or breach of contract under this Agreement shall be construed as its waiver of the right to hold you liable for any other or similar negligence or breach of contract.

13.7. If any term of this Agreement is held to be annulled, invalid, or unenforceable, such term shall be deemed to be severable and shall not affect the validity and enforceability of the remaining terms.

13.8. The terms hereof concerning the warranties, confidentiality, intellectual property rights, governing law, and dispute resolution survive the termination of this Agreement.