Terms of Service
These Terms of Service ("Terms") govern your access to and use of the Sales Tax DataLINK application (the "App") for the BigCommerce platform, provided by Sales Tax DataLINK ("we," "us," or "our"). By installing, accessing, or using the App, you ("you," "your," or the "Merchant") agree to be bound by these Terms. If you do not agree, do not install or use the App.
1. Description of Service
The App is a sales and use tax calculation service that integrates with your BigCommerce store. It determines tax amounts for transactions, identifies applicable taxing jurisdictions based on address data, and supports your tax reporting and compliance activities. We may update, enhance, or modify the App's features from time to time.
2. Eligibility and Account
- You must have an active BigCommerce store and the authority to bind the store's business to these Terms.
- You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
- You agree to provide accurate configuration and store information and to keep it current.
3. License to Use the App
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your internal business purposes in connection with your BigCommerce store. You may not copy, modify, distribute, sell, sublicense, reverse engineer, or create derivative works of the App, except as permitted by law.
4. Merchant Responsibilities
- You are responsible for correctly configuring product tax codes, nexus settings, exemptions, and other inputs that affect tax calculation.
- You are responsible for the accuracy of the address and order data your store provides to the App.
- You remain solely responsible for your tax obligations, including determining where you are registered to collect tax, filing returns, and remitting taxes to the appropriate authorities.
- You agree to use the App only for lawful purposes and in compliance with all applicable laws and the BigCommerce platform terms.
5. Tax Calculation Disclaimer
The App is a tool that assists with tax determination based on the data and configuration you provide. It does not constitute tax, legal, or accounting advice. Tax laws, rates, and jurisdiction boundaries change frequently, and calculation results depend on the accuracy of the inputs supplied to the App. You are responsible for verifying results and for your final tax positions. We recommend consulting a qualified tax professional regarding your specific obligations.
6. Fees and Payment
Any fees for the App are described in the applicable BigCommerce Marketplace listing or in a separate agreement between you and us. Unless stated otherwise, fees are non-refundable. We may change pricing on a prospective basis with reasonable notice. You are responsible for any taxes associated with your purchase of the App, other than taxes based on our net income.
7. Third-Party Platforms
The App operates within and depends on the BigCommerce platform and may rely on other third-party services. Your use of those platforms is governed by their own terms and policies. We are not responsible for the availability, accuracy, or practices of third-party platforms, and we are not liable for issues arising from changes to or outages of those platforms.
8. Data and Privacy
Our collection and use of information in connection with the App is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the App, you consent to the data practices described there.
9. Intellectual Property
The App, including its software, design, text, and branding, is owned by us or our licensors and is protected by intellectual property laws. These Terms do not transfer any ownership rights to you. All rights not expressly granted are reserved.
10. Service Availability
We strive to keep the App available and reliable but do not guarantee uninterrupted or error-free operation. We may suspend or limit access for maintenance, security, or operational reasons. We may modify or discontinue the App, in whole or in part, at any time.
11. Warranty Disclaimer
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS OR THAT TAX CALCULATIONS WILL BE ERROR-FREE OR COMPLETE.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE APP. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS INCLUDES ANY CLAIM RELATING TO TAX AMOUNTS CALCULATED, UNDER-COLLECTED, OR OVER-COLLECTED THROUGH THE APP.
13. Indemnification
You agree to indemnify and hold harmless Sales Tax DataLINK and its officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the App, your violation of these Terms, or your violation of any law or third-party right.
14. Termination
You may stop using the App at any time by uninstalling it from your BigCommerce store. We may suspend or terminate your access if you breach these Terms or if required for legal, security, or operational reasons. Upon termination, the license granted to you ends. Sections that by their nature should survive termination will survive.
15. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the "Effective date" above. Material changes will be communicated through the App or by other reasonable means. Your continued use of the App after an update constitutes acceptance of the revised Terms.
16. Governing Law
These Terms are governed by the laws of the State of Arkansas, United States, without regard to its conflict-of-law rules. Any disputes will be resolved in the state or federal courts located in Arkansas, and you consent to the jurisdiction of those courts.
17. Contact Us
If you have questions about these Terms, contact us: