Terms of Service
Last Updated: April 25, 2025
1. Introduction
Welcome to Cost Segregation App. These Terms of Service ("Terms") govern your access to and use of our website, mobile applications, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.
Please read these Terms carefully. If you do not agree with these Terms, you must not access or use our Services.
2. Eligibility
To use our Services, you must be at least 18 years of age and have the legal capacity to enter into binding contracts. By using our Services, you represent and warrant that you meet these requirements.
If you are using our Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. In such case, "you" and "your" will refer to both you and the entity.
3. Account Registration
To access certain features of our Services, you may need to create an account. When you register for an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to:
- Notify us immediately of any unauthorized access to or use of your account
- Ensure that you exit your account at the end of each session when accessing our Services on a shared computer
- Not share your account credentials with any third party
We reserve the right to disable any user account at any time if, in our opinion, you have violated any provision of these Terms.
4. Services
Our Services provide cost segregation analysis and related tax advisory services for property owners. We use technology, including artificial intelligence, to analyze property information and generate reports that identify components that may qualify for accelerated depreciation under relevant tax laws.
We do not charge upfront fees for our Services. Instead, our fee is a percentage of the first-year tax savings realized as a result of our cost segregation analysis. The specific fee rate will be communicated to you before you engage our Services.
You acknowledge that:
- Our Services are not a substitute for professional tax advice
- You are responsible for reviewing all reports and implementing any tax strategies in accordance with applicable laws
- Tax laws and regulations may change, and such changes may affect the applicability or benefit of our Services
5. User Content
Our Services may allow you to upload, submit, store, or send content, including but not limited to property photographs, documents, and other information ("User Content"). You retain all rights in your User Content. By providing User Content to us, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, modify, create derivative works based on, distribute, publicly display, and publicly perform your User Content for the purposes of operating, developing, providing, and improving our Services.
You represent and warrant that:
- You own or have the necessary rights to your User Content
- Your User Content does not violate the privacy rights, publicity rights, copyright, contractual rights, or any other rights of any person or entity
- Your User Content does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
6. Payment Terms
As mentioned, we do not charge upfront fees for our Services. Our fee is a percentage of the first-year tax savings realized from our cost segregation analysis. Payment is due within 30 days after you or your tax professional files your tax return incorporating our cost segregation report.
You agree to provide accurate billing information and promptly update any changes. If you dispute any charges, you must notify us within 30 days after the invoice date.
We may use third-party payment processors to handle payments. Your use of such services is subject to the applicable payment processor's terms and conditions.
7. Intellectual Property Rights
The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
- You may store files that are automatically cached by your web browser for display enhancement purposes
- You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution
8. Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OF USING THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
WE DO NOT WARRANT THAT THE COST SEGREGATION ANALYSIS OR ANY RESULTING TAX STRATEGIES WILL BE ACCEPTED BY TAX AUTHORITIES OR RESULT IN ANY PARTICULAR TAX SAVINGS.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
THIS LIMITATION OF LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
10. Indemnification
You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.
11. Termination
We may terminate or suspend your access to all or part of the Services, including your account, without notice, for any conduct that we, in our sole discretion, believe violates these Terms or is harmful to other users of the Services, us, or third parties, or for any other reason.
Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in San Francisco County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
13. Arbitration
At our sole discretion, we may require you to submit any disputes arising from these Terms or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
14. Waiver and Severability
No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
15. Entire Agreement
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the sole and entire agreement between you and us regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
16. Changes to Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter.
Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
17. Contact Us
If you have any questions, concerns, or requests regarding these Terms, please contact us at:
Cost Segregation App
Email: [email protected]
Address: San Francisco, CA