Wealthsimple Tax User Agreement
Last updated: February 13, 2024
1. Introduction
Welcome to Wealthsimple Tax! We have tried to keep this Wealthsimple Tax User Agreement (“Agreement”) as simple as possible. Unfortunately, the realities of the legal world make this a difficult task. So, should you have any questions or concerns, or would simply like to better understand the way we do things at Wealthsimple Tax, please don't hesitate to contact us at support.
This Agreement is a binding agreement between you and SimpleTax Software Inc. (“Wealthsimple”), author and provider of the Wealthsimple Tax preparation services including the Wealthsimple.ca/Tax website, and any of its associated websites or mobile applications and any add-on, optional, or premium services (collectively the “Services”). By using the Services you agree to comply with and be legally bound by the terms of this Agreement, regardless of whether you sign up for an account. If you do not agree to the terms of this Agreement, Wealthsimple does not license the Services to you and you are not permitted to access or use the Services.
This Agreement includes by reference (the “Policies”):
Wealthsimple’s Privacy Policy
Wealthsimple’s Terms of Use
Wealthsimple's Client Code
By accessing or using the Services, you represent and warrant that you will comply with all terms and conditions of this Agreement and the Policies.
2. Account Eligibility
You agree to maintain and promptly update all information you provided when you registered for your Wealthsimple account (the “Account”), including but not limited to your personal information, as necessary, to keep it true, accurate, current and complete. You are solely responsible for keeping the Account login credentials confidential and secure, and you accept full responsibility for monitoring and safeguarding the Account. You agree to immediately notify us in writing if you become aware of any loss, theft, or unauthorized use of your login credentials or access to your Account.
3. Grant of Licence
Subject to the terms and conditions of this Agreement, Wealthsimple grants you a personal, limited, non-exclusive, non-transferable, revocable, limited licence to use the Services to prepare personal tax returns for you and/or your family, up to a maximum of twenty (20) returns, as applicable.
4. Use Restrictions
You may not, directly or indirectly:
use the Services beyond the scope of the licence granted under this Agreement including using the Services to prepare tax returns (or to assist you in preparing tax returns) on a professional or commercial basis, which includes, but is not limited to, receiving any consideration, monetary or otherwise, for your work;
modify, translate, adapt or create any derivative works or improvements of the Services or any text, sound, graphics, trade-marks, service marks, logos, taglines, trade names and other material owned by us, our affiliates or our licensors and made available through the Services (“Content”);
copy the Services or any Content in whole or in part;
reverse engineer, disassemble, decompile, decode, reproduce, copy, sell, exploit or access the Services in order to build a competitive product or service, or build a product using similar features, functions, ideas or graphics from the Services;
use or attempt to use another person’s account;
use the Services to file incorrect or incomplete tax returns;
access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes;
defame or disparage Wealthsimple, the Services, our affiliates or any of our employees, directors or contractors;
impersonate, intimidate or harass another person, including employees or representatives or breach the Wealthsimple Client Code; or
use the Services to engage in any behaviour that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by Wealthsimple in its sole discretion.
You are further prohibited from violating or attempting to violate the security of the Services, or any other systems or network security of Wealthsimple or its affiliates including, without limitation, the following:
accessing data not intended for users of the Services;
gaining unauthorized access to the Services, an account, server or any other computer system;
attempting to or engaging in, directly or indirectly, probing, scanning or testing of the vulnerability of any system, network or the Services or attempting to breach security or authentication measures;
attempting to interfere with the function of the Services or the Services’ host or network, including without limitation by submitting, directly or indirectly, any information that contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
sending altered, deceptive or false source-identifying information, including without limitation “spoofing” or “phishing”; or
forging any TCP/IP packet header.
5. Complete and Accurate Information
You agree that you are solely responsible for providing Complete and Accurate Information (as defined below) when using the Services. You agree to review your tax returns for errors and omissions prior to filing your tax returns with the Canada Revenue Agency and/or Revenu Québec (collectively, the “Revenue Agencies”). You also agree that you are responsible for ensuring that any member of your family for whom you prepare a tax return reviews their tax return for errors and omissions prior to anyone filing that tax return. You agree that you have received the proper consent when sharing any personal information you provide about individuals other than yourself.
Providing “Complete and Accurate Information” means correctly entering all necessary personal, tax, and financial information into the Services. This includes, but is not limited to, properly inputting and reviewing income, expenses, deductions, prior-year deductions, prior-year carry-forwards, claims for various tax credits, and any necessary tax information (e.g., net income amounts) from your dependants. Reviewing a tax return includes acknowledging that a tax return is free from all errors and omissions, that all information reported on the tax return is correct and that no data is erroneous or omitted.
6. Filing
You agree that unless you purchase Wealthsimple’s Do-It-For-Me tax filing service (“DIFM Service”), you are solely responsible for filing your tax return with the Revenue Agencies on or prior to the filing deadline published by the Revenue Agencies, and for ensuring your tax return is accepted by the Revenue Agencies. You understand and agree that we will not automatically file your tax return for you. You agree that we are not liable for any damages, including interest or penalties, arising from your failure to file your tax return.
We cannot guarantee that your tax return will be accepted as filed by the Revenue Agencies. The Revenue Agencies may require additional and/or supporting information and you understand that you must keep this information on hand for the amount of time required by law.
7. 100% Awesome Guarantee
Accuracy Calculation Guarantee
This guarantee applies to any tax return filed by December 31 of the following year through the Services; e.g., you must file your 2023 return by December 31, 2024 through the Services for this guarantee to apply. If you use the most recent updated version of the Services and provide Complete and Accurate Information and you owe a penalty and/or interest because of our calculation error, we will reimburse you that penalty and/or interest up to the date of your Notice of Assessment or Reassessment. We will also refund any Payment (as defined below) you made for the year. This guarantee does not apply to calculation errors due to mistakes in the Revenue Agencies’ documentation.
Maximum Refund Guarantee
If you re-file your taxes before December 31, 2024 using a competitor’s tax software and find a larger refund using a competitor when you enter identical information, we will refund either (i) the purchase price or license fee for filing with that competitor’s tax software, up to a maximum of CAD$50, or (ii) any Payment you made for the year, whichever is greater in value. In order to participate in this guarantee, you must have filed with both Wealthsimple Tax and a competitor tax software, and the competitor’s tax software must yield a larger refund. Proof of purchase of the competitor’s tax software and a copy of your Notice of Assessments or Reassessments showing the total return value differences are required. If you are a couple that is using linked profiles, this guarantee applies to the combined refund found for you and your partner. This guarantee does not apply to differences attributable to rounding or to differences under $2. If you believe that this guarantee applies to your return, you must notify us by email at tax@wealthsimple.com as soon as you learn of the mistake or refund difference, whichever the case may be, and, in any event, within 30 days of the date on the Notice of Assessment or Reassessment. You must provide a copy of the Notice of Assessment or Reassessment. If requested, you must also provide us with access to your account and any documentation or other information reasonably requested to substantiate the error or return differences.
8. No Tax Advice
Unless expressly stated otherwise, any instructions, documentation, help content, blog posts, social media posts, support emails from Wealthsimple, our affiliates, principals, employees, or contractors, social media replies from Wealthsimple, our affiliates, principals, employees, or contractors, links to third-party websites (including the Revenue Agencies’ websites), content contained in any such third-party websites linked to by us, and other similar content in and relating to the Services (collectively, the “Help Content”) are provided for your convenience only. You agree that under no circumstance is the Help Content to be construed as us providing tax advice to you.
Because tax laws and regulations change frequently and their application varies widely based upon the specific facts and circumstances, interpretation rules, and taxing policies involved, you agree that you are solely responsible for the contents of the tax return(s) prepared in your account.
9. Payments
Some Services may be free (e.g. Tax Basic) and others may have fees associated with their use (e.g. Tax Plus and Tax Pro). If you use the Tax Basic service, upon completion of your or your family member’s tax return and prior to submitting and/or downloading that tax return, we will give you the option to pay any amount to support us (the “Optional Payment”). We may suggest an amount based on your tax situation.
If you elect, or are otherwise required to pay for the Services, you can pay the fees and/or Optional Payment (collectively, the “Payment”) by credit card, cheque, e-transfer or PayPal. You will be subject to any applicable third party terms and conditions including your credit card, Interac and PayPal. Should you wish to dispute a payment, you may contact us by email at tax@wealthsimple.com or by mail at SimpleTax Software Inc., 400 - 80 Spadina Avenue, Toronto, ON, M5V 2J4.
Except as otherwise provided herein, all payments are non-refundable.
10. Limited Warranty
If you use the most recent updated version of the Services and provide Complete and Accurate Information we warrant to properly calculate your tax payable. We disclaim any responsibility for your failure to enter Complete and Accurate Information, and for any choices you make regarding the treatment and processing of your tax situation.
We warrant that, as of the time of filing, your tax return is certified for electronic transmission to the Revenue Agencies through the NETFILE and NetFile Québec web services.
Not applicable to Residents of Québec: To the maximum extent permitted by applicable law, we disclaim all other warranties, express or implied, regarding the Services, including its fitness for a particular purpose, its quality or its merchantability.
THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. WEALTHSIMPLE AND ITS AFFILIATES CANNOT AND DO NOT GUARANTEE, AND DO NOT MAKE ANY, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, COVENANTS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING (1) ANY WARRANTY OF MERCHANTIBILITY; (2) FITNESS FOR A PARTICULAR PURPOSE; (3) NON-INFRINGEMENT; (4) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (5) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; AND (6) THAT ANY DEFECTS WITH THE SERVICES, IF ANY, WILL BE CORRECTED. YOU UNDERSTAND THAT ANY USE OF, MODIFICATION TO OR RELIANCE ON THE SERVICES, IS AT YOUR OWN DISCRETION AND RISK.
11. Limitation of Liability
Not applicable to Residents of Québec: You understand and agree that the entire liability of Wealthsimple and our affiliates, principals, employees or any other person, corporation or organization that has helped us shall be at all times limited to the amount, if any, that you paid to use the Services.
Wealthsimple is not responsible for the late filing of your tax return due to any discontinuation of, or interruption in, the Services, and you acknowledge that you should file your tax return as early as possible to meet any filing deadlines. Wealthsimple cannot be held responsible for tax returns that are rejected for NETFILE tax filing. Only the Revenue Agencies have authority to determine whether a tax return should be accepted for NETFILE. If your tax return cannot be filed using NETFILE, it should be printed and filed by mail.
You agree that we are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits or investment, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if we have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, IN NO EVENT SHALL WEALTHSIMPLE OR ANY OF WEALTHSIMPLE’S AFFILIATES OR ANYONE ELSE INVOLVED IN DEVELOPING, PRODUCING, DELIVERING OR MANAGING THE SERVICES (COLLECTIVELY THE “PROVIDERS”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, OR LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES, ANY COMMUNICATIONS SENT TO YOU VIA THE SERVICES OR OTHERWISE FROM WEALTHSIMPLE (INCLUDING WITHOUT LIMITATION IN THE FORM OF ELECTRONIC MAIL OR VIA TELEPHONE), OR INFORMATION AVAILABLE FROM THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH INFORMATION, THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM THE PROVIDERS, AND INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICES, EVEN IF ANY ONE OF OR ALL OF THE PROVIDERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE PROVIDERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, SERVICE, INFORMATION, IDEA, OR INSTRUCTION CONTAINED IN THE SERVICES OR IN THE CONTENT OF THE SERVICES.
12. Collection and Use of Information
Your security and privacy are our utmost concern. We do not sell or rent your personal information.We may disclose your personal information to our affiliates within the Wealthsimple group of companies (including Wealthsimple Inc., Wealthsimple Investments Inc. and Wealthsimple Payments Inc.) for the purposes of providing you the Services as well as to help us develop, enhance, provide and inform you of other services, products, or promotions offered by them (the “Related Services”). We do not otherwise disclose your personal information collected to third parties except as required to deliver the Services. Additional terms and conditions and fees may apply to the Related Services.
All information that we may collect through your use of the Services is subject to our Privacy Policy which is available at wealthsimple.com/en-ca/legal/privacy. Our Privacy Policy is incorporated into this Agreement by reference and by agreeing to this Agreement you hereby agree and consent to our Privacy Policy.
We are responsible for protecting the security of your data and personal information that is in our possession and will maintain commercially reasonable administrative, technical and physical controls to protect your data and personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures. You understand and agree that you use the Services at your own risk.
A copy of the data in your 2023 tax return may be available to you for up to six (6) years after you file. A copy can be accessed from your account. Except to the extent required by applicable law, Wealthsimple has no obligation to store or retain your tax return information.
13. Copyrights & Intellectual Property
Your right to use the Services is subject to the express licenses set out in this agreement. The Services are subject to copyright, trade secret, and other intellectual property laws and we retain all rights, title and interest, including all intellectual property rights, in and to the Services and any derivative works arising from the Services. You acknowledge that the Services and all related documents are protected by Canadian copyright laws and international treaty provisions. You agree you will not reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
You understand that certain parts of the Services may have been designed or developed by third party licensors and may include software licensed by such third parties, who shall be authorized to hold you responsible for any copyright infringement or violation of this Agreement.
14. Right to Terminate
Wealthsimple may audit your use of the Services at any time to ensure compliance with this Agreement.
If you breach any provision of this Agreement then you may no longer use the Services and you may have your account suspended or cancelled. We, in our sole discretion, shall determine whether this Agreement has been violated. We may also suspend or cancel your account at any time if we determine that your use of the Services is improper or substantially exceeds or differs from normal use, including where there is suspected unauthorized access or hacking.
We reserve the right to suspend or cancel your account without notice to you at any time for any reason, including if you are in default of your obligations with respect to the Services.
15. Amendments
We reserve the right at any time and from time to time to discontinue or suspend, temporarily or permanently, the Services with or without notice. We reserve the right to change the Services or amend this Agreement, including the Optional Payment and 100% Awesome Guarantee, in our sole discretion and from time to time.
We will provide notice to you of any changes to this Agreement which may be provided to you by electronic means (i.e., via email or by posting the information on the Services). In addition, this Agreement will always indicate the date it was last updated. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted. You agree that we shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services.
16. General Provisions
This Agreement shall be governed by and construed in accordance with the laws of the province of Ontario, without giving effect to its conflict of law provisions. You agree that you will bring any claim or cause of action arising out of this Agreement, your use of the Services or any purchase made via the Services in the courts located within Toronto, Ontario, and you also agree to submit to the personal and non-exclusive jurisdiction of those courts.
Wealthsimple shall not be liable for any default or delay in the performance of any 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, pandemics, national epidemics, government health restrictions, terrorist acts, war, other hostilities, labour disputes, civil disturbances, the actions or omissions of third parties, electrical or communication system failures or governmental actions.
If any provision contained in this Agreement is determined to be unenforceable, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision, and the remaining provisions of this Agreement will remain in full force and effect.
No waiver of any provision of this Agreement shall be effective except pursuant to a written instrument signed by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement and/or your use of the Services.
You may not assign any right, interest, or benefit provided under this Agreement or the Services without our express prior written consent. Wealthsimple may assign any of its rights or delegate any of its duties under this Agreement without any prior consent if such assignment or delegation is to (i) an affiliate or subsidiary of Wealthsimple; (ii) a successor of the party, by amalgamation or operation of law; or (iii) a purchaser of all or substantially all of Wealthsimple's assets.
This Agreement, together with any documents and/or additional terms they expressly incorporate by reference, set forth the entire agreement between you and us, and supersede any and all prior communications, agreements and proposals, whether electronic, oral or written, between you and us with respect to the Services.
The parties have expressly required that this Agreement and all other related documents be drawn up in the English language. Les parties ont expressément exigé que ces conditions d’utilisation et tous les documents qui s’y rapportent soient rédigés en anglais.
If you'd like to review a french version of this Agreement, you can view it here.
17. Additional Terms and Conditions for Audit Support
Your use of the Audit Support Services are subject to the Agreement including these Additional Terms and Conditions. With respect to the Audit Support Services, these Additional Terms and Conditions shall prevail over any conflict or inconsistency with the Agreement above.
By purchasing a package that includes Wealthsimple Tax Audit Support, you will get access to our audit support including priority email support for the current tax year (the “Audit Support Services”).
Audit Support: In the event that your tax return is reviewed or audited by the CRA or Revenu Québec Wealthsimple will help you:
Understand your Notice of Reassessment or letter of correspondence from the CRA or Revenu Québec
Clarify what is being asked and what documents you need to gather
Provide templates for your correspondence to the CRA
Assist you on the next steps and additional follow-ups
Wealthsimple and/or our tax experts providing Audit Support Services will not represent you, provide legal advice, or help develop a defence strategy. Audit Support Services are valid only for the specific tax return and year for which they are purchased. Audit Support Services expire 1 year from the date of purchase (although support for an ongoing audit already brought to us will continue until its conclusion as determined by Wealthsimple).
Priority Email Support: expires December 31 in the year of purchase.
Purchase of the package including Audit Support Services must be made prior to or at the time of filing. Except as otherwise provided herein, all payments are non-refundable. Wealthsimple reserves the right to remove all Audit Support Services from your account and take any other action it deems appropriate including, but not limited to, closing your account(s).
18. Tax Bundles Terms and Conditions
Wealthsimple may provide Tax bundles, which include add-on tax assistance services (“Tax Assistance Services”), including assistance from a Tax Expert (“Tax Expert Advice”), and DIFM Services. Tax Expert Advice enables customers to speak with a Wealthsimple Tax expert to ask them questions about the preparation of their personal returns. We reserve the right to decline your request to purchase the DIFM Services for any reason.
Your use of the Tax Assistance Services, is subject to this Agreement including these Tax Assistance Services Terms and Conditions. With respect to the Tax Assistance Services, these Tax Assistance Terms and Conditions shall prevail over any conflict or inconsistency with the Agreement above. Your purchase of the Tax Assistance Services will expire on May 15 in the year of purchase, after which date you will not be reimbursed for any unused portion of the services you purchased.
You understand that as part of the Tax Assistance Services, a Wealthsimple tax expert (“Tax Expert”) will be available to review your federal and provincial tax returns for accuracy and completeness based on the information you have entered into the Services. By using the Tax Assistance Services, you authorize the Tax Expert to access your tax returns. While the Tax Expert may be able to view your tax return and provide you with feedback, the Tax Expert will not be able to make any changes on your return. Any changes must be made by you at your sole discretion.
The following tax related topics are not included as part of the Tax Assistance Services even if your tax return relates to any of the following:
Like kind exchanges
Estates and trusts (T3 returns)
Non-resident or expatriate returns
Issues unrelated to the preparation of the tax return or unrelated to income taxes (e.g. sales, use, inheritance, etc.)
Bankruptcy questions
Tax or investment planning questions
Audit or audit risk questions
Business incorporation questions
Multiple jurisdictions (Form T2203)
Prior year tax returns
Quebec returns
Returns for deceased persons
Tax Assistance Service levels and availability will vary based on demand and capacity and are subject to change without notice. To ensure a good experience and appropriate levels of coverage for everyone using the Tax Assistance Services, the Tax Expert may terminate the communication at their sole discretion after a reasonable period of time (for example 30 minutes), or if it is otherwise determined that you are misusing or unnecessarily extending the duration of the communication.
The Tax Assistance Services are provided to you based on your tax returns and the information you provide to the Tax Expert. You understand and agree that the Tax Expert is not able to verify the information you provide, and that if you provide or entered incorrect or incomplete information, the information provided to you may not be accurate. A Tax Expert will only file your tax return(s) for you if you purchase the DIFM Service. You understand and agree that if you purchase the DIFM Service you are required to provide complete and accurate information to the Tax Expert no later than April 10, 2024, in order to ensure that your tax return(s) are filed on time. . You have the sole responsibility for reviewing your tax return(s), confirming their overall accuracy and completeness prior to filing. If you purchase and use Tax Assistance Services, you agree to hold Wealthsimple harmless from any liability, including but not limited to, additional tax, penalties, interest and professional fees resulting from the disallowance of tax deductions due to inadequate, incomplete, or inaccurate documentation.
The Tax Assistance Services do not include any legal or investment advice, tax, estate or investment planning, or other areas of advice. Wealthsimple and/or the Tax Experts providing Audit Support Services will not represent you, provide legal advice, or help develop a defence strategy.
Purchase of Tax Assistance Services must be made prior to the time of filing. Except as otherwise provided herein, all payments are non-refundable. Wealthsimple reserves the right to remove all tax add-on services from your account and take any other action it deems appropriate including, but not limited to, closing your account(s). You agree not to hold Wealthsimple liable for any loss or damage incurred as a result of your use of the Tax Assistance Services. Additionally, except for the reimbursement for errors expressly set out in this Agreement, Wealthsimple assumes no liability whatsoever related to the Tax Assistance Services.
19. Additional Terms and Conditions for Crypto Import Services
Wealthsimple may offer you the ability to import crypto currency related transactions (“Crypto Imports”), an optional feature provided by a third party, Koinly. Any use by you of Crypto Imports is entirely at your own risk and discretion.
If you choose to use Crypto Imports you will be subject to Koinly’s terms and conditions and privacy policy. We are not affiliated with Koinly and do not have any control over Koinly or the services they provide. We shall not be responsible or liable to you or anyone else for such services or the results of Crypto Imports. You have the sole responsibility for reviewing your tax return(s) and confirming their overall accuracy and completeness prior to filing.
If you choose to use Crypto Imports, any exchange of data or other interaction between you and Koinly is solely between you and Koinly, including Koinly’s third party service providers. We are not responsible for any disclosure, modification or deletion of your data, or for any corresponding losses or damages you may suffer, as a result of access by Koinly, or any third party service provider, to your data.
Wealthsimple is not obligated to intervene in any dispute arising between you and Koinly.
You agree that we are not liable for any direct, indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits or investment, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, that result from Crypto Imports or you relationship with Koinly, even if we have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose.
You agree to defend, indemnify, and hold us and (as applicable) our affiliates, subsidiaries, affiliates, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of Crypto Imports or your relationship with Koinly.