Terms & Conditions

SETC PROS TERMS OF USE

Introduction and Overview

Thank you for choosing Blue Atlas Solutions. We provide a platform that encompasses a variety of services including document preparation for the purposes of claiming the “Self-Employed Tax Credit,” as well as partnerships with a variety of businesses aligned with Blue Atlas Solutions values.

The Terms and Conditions and the terms outlined in the Client Agreement (the “Terms”) form a binding contract between you and Blue Atlas Solutions. In these Terms, “we”, “us”, “our”, or “the Company” also refer to Blue Atlas Solutions.

At Blue Atlas Solutions, our mission is simple: help as many Americans obtain the funds they are entitled to. The overwhelming number of citizens at risk of missing out on the SETC program was the genesis for the development of our proprietary software platform (“Platform” or “Software”).

When you use the Platform, you enter into a binding contract with us. Each section of the agreement begins with an italicized annotation that is intended to help you navigate the agreement. The annotations do not completely summarize the agreement, though, and you should read each section carefully and in full. We’ve also bolded a few areas that talk about important legal rights, and you should be sure to read those sections carefully. These provisions apply to the Platform generally and are separate from the provisions in the Client Agreement, which include additional provisions for your use of the Platform.

If you are an individual acting on your company’s or client’s behalf, you accept these provisions on their behalf and the term “you” will refer to you, your company, or your client.

Acceptance of the Terms of Use

These Terms and Conditions govern your use of our Website and Services, including our web interface at https://setcpros.com/ (“Website”), all affiliate links, and our Platform (collectively, the “Services”).

To use the Services, you must agree to all of the Terms. Using the Services in any way indicates your acceptance of these Terms, which will remain in effect while you use the Services. These Terms include the provisions in this document, our Privacy Policy, and any other terms and conditions referenced or incorporated by Blue Atlas Solutions.

You acknowledge that these Terms constitute the complete and exclusive understanding between you and Blue Atlas Solutions, superseding all prior written and oral agreements, communications, and other understandings related to these Terms, including any statements or promises made by our agents or representatives. You agree that you are not an employee, agent, partner, or joint venture of Blue Atlas Solutions, and you do not have any authority to bind Blue Atlas Solutions in any respect. No oral guarantees were made to you by any agent, representative, or employee of Blue Atlas Solutions.

This Website is available to users who are 18 years of age or older. By using this Website, you represent that you are of legal age to form a binding contract with the Company and meet all eligibility requirements. If you do not meet these requirements, you must not access or use the Website.

You are not a person based in Cuba, Iran, North Korea, Syria, the Crimea, Donetsk (“DNA”), and Luhansk (“LNR”) regions of the 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 and agree that the purpose of the Website is to provide information regarding potential eligibility for certain tax credits and other private or government programs. This includes, but is not limited to, tax credit legislation enacted during the coronavirus pandemic. All information is provided in Good-Faith, however, you agree to hold Company harmless in the event of any change to laws or regulations that have not yet been updated on Website.

Incentive programs available for you or your business include the Self-Employed Tax Credits, the Families First Coronavirus Response Act (FFCRA), and the American Rescue Plan Act (ARPA). The Platform uses only verified IRS data to calculate tax credits based on IRS tax guidelines and regulations. We use only IRS verified data to protect against fraudulent submissions.

Website Access and Use

Access to this Website and its Content is provided for your personal, non-commercial use only. By using the Website, you agree to comply with all applicable laws, including intellectual property and copyright laws. Unless expressly permitted in these Terms of Use, you may not reproduce, distribute, create derivative works from, publicly display, perform, publish, transmit, or exploit Website Content without prior written consent from us or the respective content owner. You may download or print one copy of Website Content for personal, non-commercial use only, but you do not acquire any ownership rights.

Prohibited actions include:

Removing or altering any proprietary rights notices.
Circumventing security features.
Using automated devices to copy or scrape content without permission, except for public search engines for indexing purposes.
Harvesting personally identifiable information.
Soliciting Website users to join other services without prior approval.
Interfering with the Website’s operation.
Decompiling or reverse engineering the Website.
Using network-monitoring software to extract data.
Encouraging illegal conduct or impersonating others.
Violating U.S. export laws.
Engaging in conduct that restricts other users’ enjoyment of the Website.

You agree to cooperate with the Company to investigate any suspected or actual breach of these Terms of Use.

Conditions for Linking to the Website

Upon accepting these Terms of Use, you are granted a non-exclusive, limited license to link to the Website’s home page from any site you own or control, provided it is not commercially competitive, does not criticize or injure the Website, and complies with all applicable laws. This link is not an endorsement, and we reserve the right to revoke this permission at any time.

User Registration

To access certain features of the Website or Platform, you must register. Users under eighteen are not permitted to register. Registered users must provide accurate information and update it as necessary. You are responsible for safeguarding your username and password and must notify us immediately of any unauthorized use.

User Content

Users may submit various types of content (“User Content”). You retain rights to your User Content but grant us a perpetual, non-exclusive, royalty-free license to use it. You must not submit content protected by intellectual property laws without permission and are liable for any damage from unauthorized submissions. User Content must not violate any laws, impersonate others, or be inappropriate in any way. By submitting content, you grant us the right to use your biographical information and acknowledge that your content may be used for advertising. We reserve the right to monitor and remove User Content at our discretion.

Website and Third-Party Content

Website content is for educational and promotional purposes. We make every effort to ensure up to date accuracy with all information contained therein; however, you are ultimately responsible for evaluating its accuracy. We are not liable for any reliance on Website content. Third-party content and links are not endorsed by us, and we are not responsible for any third-party interactions.

Changes to the Terms of Use

Blue Atlas Solutions is continuously working to improve its Services, and these Terms may be updated accordingly. Blue Atlas Solutions reserves the right to change these Terms at any time, including correcting any errors or mistakes. Updates to these Terms will be made available on the Blue Atlas Solutions Website (https://setcpros.com/terms-and-conditions/) Blue Atlas Solutions may also suspend or discontinue any part of the Services, introduce new features, impose limits on certain features, or restrict access to parts or all of the Services. Blue Atlas Solutions reserves the right to remove any content from the Website or Services at any time, for any reason, at our sole discretion, and without notice.

If you disagree with the new Terms after any changes, you should immediately stop using the Website and Services. Continuing to use the Services after any changes to the Terms become effective means you agree to all of the changes.

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Blue Atlas Solutions without restriction. Any attempt to assign or transfer these Terms and any rights and licenses will be null and void.

Your Rights to Use the Platform

You can use our Platform for your own personal and lawful use or as otherwise permitted under this Agreement. You may access and use the Platform for your own internal, lawful and non-commercial purposes only.

Blue Atlas Solutions hereby grants you a limited personal license to use the version of the Platform and, after proper registration and acceptance of this Agreement, solely to prepare your valid Federal tax return for the applicable tax year.

No Professional Use

You may NOT use our Platform to prepare tax returns, schedules, or worksheets on a professional or commercial basis (i.e., for a preparer’s or other fee or consideration).

You may NOT charge a fee in a manner for the use of our Services or Platform, including, but not limited to, an application fee of any kind.

Pricing

Pricing for the Self-Employed Tax Credit (“SETC”) program is explained in the Client Agreement; however, in any case, shall not exceed twenty percent (20%) of the total credit amount quoted by Company. Company shall proportionately adjust its cost in the event you receive less than the amount quoted. Most customers receive more than the amount quoted by Blue Atlas Solutions due to the interest paid by the IRS. Blue Atlas Solutions will never charge you more in the event you receive more than quoted.

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.

Governing Law

The laws of Delaware govern this Agreement and any disputes that may arise.

Delaware law 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.

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 embargo or comprehensive sanctions.

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.

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.

If you are a U.S. customer:

You and SETC PROS 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 SETC PROS 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 SETC PROS 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 the Superior Court of California, County of Placer.

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 SETC PROS 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 SETC PROS a written notice of your Claim (“Notice of Claim”). The Notice of Claim to SETC PROS should be sent in care of our registered agent Corporation Service Company, Republic Registered Agent, LLC, 444 North Capitol St NW, Ste 612, Washington, D.C 20001. The Notice of Claim should include both the mailing address and email address you would like SETC PROS to use to contact you. If SETC PROS 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 SETC PROS, 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 SETC PROS agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and SETC PROS therefore agree that, after a Notice of Claim is sent but before either you or SETC PROS 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 SETC PROS is represented by counsel, its counsel may participate in the conference as well, but SETC PROS 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 SETC PROS 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 SETC PROS 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 SETC PROS during that time. If a Claim qualifies for small claims court, but a party commences an arbitration proceeding, you and SETC PROS 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 SETC PROS 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 California 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 SETC PROS 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. SETC PROS 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 SETC PROS 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 SETC PROS 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 SETC PROS 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 SETC PROS 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 Placer County, California. 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 SETC PROS 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 SETC PROS, and you and SETC PROS waive any objection to such fee modification.

You and SETC PROS 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 SETC PROS 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 SETC PROS believes that any Claim you have filed in arbitration or in court is inconsistent with the limitations in this paragraph, then you agree that SETC PROS 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.

Limitation on Liability

YOU UNDERSTAND THAT SETC PROS 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. MOREOVER, SETC PROS WILL NOT BE LIABLE IN ANY WAY FOR INACCURATE INFORMATION PROVIDED IN THE PLATFORM OR ON THE WEBSITE.

SETC PROS SHALL NOT BE LIABLE FOR LOSS OF PROFITS OR INVESTMENT, TAX POSITIONS TAKEN BY YOU, INABILITY TO FILE YOUR RETURN, DELAY IN PREPARING YOUR TAX RETURN, INCORRECT OR INCOMPLETE INFORMATION PROVIDED TO SETC PROS OR ANY ACCESS TO, OR USE OF, YOUR PASSWORD AND USER ID BY AN UNAUTHORIZED PERSON.

SETC PROS 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.

Indemnification

You agree to indemnify the Company and its affiliates from any claims arising from your use of the Website, User Content, or breach of these Terms of Use. This includes issues related to the Platform and any tax return modifications by the IRS.

Miscellaneous Matters

You agree that SETC PROS is not acting as your agent or fiduciary in connection with your use of any Services.

You can contact SETC PROS Inc. by mail at SETC PROS Inc., 1717 Pennsylvania Avenue NW, Suite 1025, Washington, D.C. 20006, by email at co*****@******os.com, or by calling (833) 738-2776 if you have a question or concern about any product or service we sell over the Internet.

Additional Third-Party Software Licensing Terms. The Services may contain third party software components which are governed by and subject to commercial terms and licenses as provided below. You must comply with any such commercial terms and licenses with regard to these separate third-party software components. SETC PROS makes no warranty concerning these third-party software components.

Waiver

If we waive some of our rights under this Agreement, it doesn’t mean we waive our rights in other circumstances.

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

Assignment

You can’t transfer this Agreement or your right to use the Platform to someone else without our permission.

SETC PROS 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 consent. Any attempts to do so without our consent will be void.

Severability

If a court 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.

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

Updated July 11, 2024