Terms of Service

1. Services

Balance Beam provides bookkeeping, tax preparation, tax advisory, IRS representation, and related financial services (“Services”) to individuals and businesses. The specific Services to be provided, the fees, and the scope of the engagement are set forth in a separate Service Agreement signed by both parties.

Nothing in these Terms creates an obligation for Balance Beam to provide any specific service. Services are provided only pursuant to a signed Service Agreement.

Balance Beam is not a law firm and does not provide legal advice. Nothing in these Terms or any communication from Balance Beam constitutes legal advice.

2. Accounts and Portal Access

To access the Portal, you must create an account using a valid email address. 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, current, and complete information when creating your account.
• Notify us immediately at support@balancebeamtax.com if you suspect unauthorized access to your account.
• Not share your account credentials with any third party.
• Not use the Portal for any unlawful purpose or in any way that violates these Terms.

We reserve the right to suspend or terminate your account if we believe you have violated these Terms or if your account has been inactive for an extended period, subject to applicable law and any obligations under a signed Service Agreement.

3. Fees and Payment

Fees for Services are set forth in your Service Agreement. By signing a Service Agreement, you authorize Balance Beam to charge the fees described therein to the payment method you provide.

Unless otherwise stated in your Service Agreement:

• Monthly bookkeeping fees are billed on the first of each month for that month's services.
• Tax preparation fees are due upon completion of your return and before filing.
• One-time and project-based fees are due as specified in the Service Agreement.
• All fees are in U.S. dollars.

Payments are processed through Stripe. By providing a payment method, you authorize Stripe to charge that method on our behalf. Your use of Stripe is also subject to Stripe's terms of service.

If a payment fails, we will notify you and attempt to collect the outstanding amount. We reserve the right to suspend Services for accounts with outstanding balances after reasonable notice.

All fees are non-refundable except as expressly stated in your Service Agreement or as required by applicable law.

4. Client Responsibilities

You agree to:

• Provide accurate and complete information. You are responsible for the accuracy and completeness of all information, documents, and records you provide to us. Balance Beam will rely on the information you provide and is not responsible for errors resulting from inaccurate or incomplete information.
• Respond promptly to requests. Timely delivery of Services depends on your cooperation. You agree to respond to requests for information, documents, or approvals within the timeframes specified in your Service Agreement or, if no timeframe is specified, within a reasonable time.
• Review all work product. You are responsible for reviewing all tax returns, financial statements, and other work product we prepare before filing, submission, or use. You must notify us of any errors or discrepancies before authorizing filing or submission.
• Maintain your own records. We will maintain records as required by our engagement, but you are responsible for maintaining your own books, records, and source documents in accordance with applicable law.
• Comply with applicable law. You are responsible for complying with all applicable federal, state, and local laws and regulations, including tax laws. Our Services do not substitute for your own legal obligations.

5. Confidentiality

Each party agrees to keep confidential all non-public information received from the other party in connection with the engagement (“Confidential Information”) and to use Confidential Information only for the purposes of the engagement.

This obligation does not apply to information that:

• Is or becomes publicly available through no fault of the receiving party.
• Was already known to the receiving party before disclosure.
• Is independently developed by the receiving party without use of the Confidential Information.
• Is required to be disclosed by law, regulation, court order, or professional obligation.

Balance Beam's handling of your personal and financial information is also governed by our Privacy Policy and, for tax return information, by IRC Section 7216 and its implementing regulations.

6. Intellectual Property

Our property. The Website, Portal, and all content, software, trademarks, and materials we create or provide (other than work product prepared specifically for you under a Service Agreement) are owned by or licensed to Balance Beam. You may not copy, reproduce, distribute, or create derivative works from our materials without our prior written consent.

Your property. You retain ownership of all documents, records, and information you provide to us. You grant us a limited license to use your materials solely to perform the Services.

Work product. Tax returns, financial statements, and other work product prepared for you under a Service Agreement are owned by you upon full payment of all fees. We retain the right to keep copies of work product in our files as required by professional standards and applicable law.

7. Disclaimer of Warranties

THE WEBSITE AND PORTAL ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE WEBSITE OR PORTAL WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

PROFESSIONAL SERVICES ARE PROVIDED IN ACCORDANCE WITH THE STANDARDS OF CARE APPLICABLE TO BOOKKEEPING AND TAX PREPARATION PROFESSIONALS IN CALIFORNIA. WE DO NOT GUARANTEE ANY PARTICULAR OUTCOME, INCLUDING TAX REFUNDS, AUDIT RESULTS, OR FINANCIAL PERFORMANCE.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BALANCE BEAM'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO BALANCE BEAM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

IN NO EVENT SHALL BALANCE BEAM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless Balance Beam and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Website, Portal, or Services.
• Your violation of these Terms.
• Your violation of any applicable law or regulation.
• Any inaccurate or incomplete information you provide to us.
• Any claim by a third party arising from your actions or omissions.

10. Term and Termination

Term. These Terms are effective as of the date you first access the Website or Portal and continue until terminated.

Termination by you. You may terminate your account at any time by contacting us at support@balancebeamtax.com. Termination of your account does not affect any obligations under a signed Service Agreement.

Termination by us. We may suspend or terminate your access to the Website or Portal at any time, with or without cause, upon notice to you. If you have a signed Service Agreement, termination of that agreement is governed by its terms.

Effect of termination. Upon termination, your right to access the Portal ceases. Sections 5, 6, 7, 8, 9, 11, 12, 13, 14, and 15 survive termination.

11. Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict of law principles. Any dispute arising out of or related to these Terms or our Services that is not resolved through the dispute resolution process in Section 12 shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.

12. Dispute Resolution

Informal resolution. Before initiating any formal proceeding, you agree to contact us at support@balancebeamtax.com and attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days of receiving your notice.

Mediation. If the dispute is not resolved informally within 30 days, either party may request non-binding mediation administered by a mutually agreed mediator in Los Angeles County, California. The costs of mediation shall be shared equally.

Litigation. If mediation does not resolve the dispute, either party may pursue claims in court subject to Section 11.

Small claims. Notwithstanding the above, either party may bring an individual claim in small claims court if the claim qualifies.

13. Electronic Communications and E-Sign Consent

By creating an account or engaging our Services, you consent to receive communications from us electronically, including by email and through the Portal. You agree that electronic communications satisfy any legal requirement that communications be in writing.

By signing a Service Agreement through the Portal, you consent to the use of electronic signatures and records pursuant to the Electronic Signatures in Global and National Commerce Act (15 U.S.C. §7001 et seq.) and the California Uniform Electronic Transactions Act (Cal. Civ. Code §1633.1 et seq.). You agree that your electronic signature is legally binding to the same extent as a handwritten signature.

14. Accessibility

We are committed to making the Website and Portal accessible to all users. If you experience difficulty accessing any part of our Website or Portal, please contact us at support@balancebeamtax.com and we will work to provide you with access to the information or functionality you need.

15. Changes to These Terms

We may update these Terms from time to time. The current version is identified by the Effective Date at the top of this page. Material changes will be communicated by posting a notice on the Website or by direct notice to registered users. Your continued use of the Website, Portal, or Services after the Effective Date of updated Terms constitutes acceptance of the changes.

If you do not agree to updated Terms, you must stop using the Website and Portal and, if applicable, terminate your engagement with us in accordance with your Service Agreement.

16. Miscellaneous

Entire agreement. These Terms, together with any signed Service Agreement and our Privacy Policy, constitute the entire agreement between you and Balance Beam regarding the subject matter herein and supersede all prior agreements and understandings.

Severability. If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

Waiver. Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it in the future.

Assignment. You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

Force majeure. Neither party is liable for delays or failures in performance resulting from causes beyond their reasonable control, including acts of God, natural disasters, government actions, or internet or infrastructure outages.

No third-party beneficiaries. These Terms do not create any third-party beneficiary rights.

17. Contact Us

For questions about these Terms, contact us:

Balance Beam
301 N. Lake Avenue, #600
Pasadena, CA 91101
Email: support@balancebeamtax.com
Phone: (626) 248-8746