1. Acceptance of Terms
By installing or using VapeTax ("the App"), a BigCommerce application operated by SmokHaus ("we," "our," or "us"), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not install or use the App.
2. Description of Service
VapeTax is a tax calculation application that computes vape excise tax and state sales tax at checkout on BigCommerce stores. The App provides default tax rules based on publicly available data and allows merchants to configure, customize, and manage their own tax rules.
3. Tax Liability Disclaimer
VapeTax is a calculation tool, not a tax advisor. VapeTax provides default tax rules as a starting point based on Tax Foundation data and other public sources. These rules may not reflect the most current rates or your specific tax obligations.
You are solely responsible for:
- Verifying that all tax rules, rates, and methods configured in VapeTax are correct and current for your business.
- Ensuring compliance with all applicable federal, state, and local tax laws.
- Filing tax returns and remitting tax payments to the appropriate authorities.
- Consulting with a qualified tax professional regarding your specific tax obligations.
SmokHaus makes no guarantees regarding the accuracy, completeness, or currency of the default tax rules provided. We are not liable for any tax underpayment, overpayment, penalties, or interest resulting from the use of VapeTax.
4. Account and Access
VapeTax is installed via the BigCommerce App Marketplace using BigCommerce's OAuth authentication. By installing the App, you grant VapeTax permission to access your store's product catalog (read only) and store settings (read and write) as required for tax calculation functionality.
5. Subscription and Billing
VapeTax offers a 14-day free trial with full access to all features. After the trial, a paid subscription is required for continued tax calculation. Billing is managed through BigCommerce's Unified Billing system and appears on your BigCommerce invoice.
If your subscription expires or is cancelled, VapeTax returns $0 tax on all estimates. Your checkout continues to function normally — customers can still complete orders — but no excise or sales tax will be calculated.
You may cancel your subscription at any time from the VapeTax Settings tab.
6. Availability and Performance
We strive to maintain high availability and performance. However, VapeTax depends on third-party services including BigCommerce, Cloudflare, and Supabase. We do not guarantee uninterrupted or error-free operation.
BigCommerce imposes a 4-second timeout on tax estimate requests. VapeTax is designed to respond within this window, but network conditions and service availability may occasionally cause timeouts.
7. Data and Privacy
Your use of VapeTax is also governed by our Privacy Policy. We collect and store only the data necessary to operate the App. We do not sell or share your data with third parties for marketing purposes.
8. Intellectual Property
VapeTax, including its code, design, and documentation, is the property of SmokHaus. You may not copy, modify, distribute, or reverse-engineer the App.
9. Limitation of Liability
To the maximum extent permitted by law, SmokHaus shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of VapeTax, including but not limited to lost profits, tax penalties, interest, or fines.
Our total liability for any claim arising from or related to VapeTax shall not exceed the total amount you paid for the App in the 12 months preceding the claim.
10. Indemnification
You agree to indemnify and hold harmless SmokHaus from any claims, damages, losses, or expenses (including legal fees) arising from your use of VapeTax, your violation of these Terms, or your failure to comply with applicable tax laws.
11. Modifications
We may update these Terms of Service from time to time. Changes will be posted on this page with an updated effective date. Continued use of VapeTax after changes constitutes acceptance of the revised terms.
12. Termination
You may terminate your use of VapeTax at any time by uninstalling the App from your BigCommerce store. We may terminate or suspend your access if you violate these Terms or if required by law.
13. Governing Law
These Terms are governed by the laws of the State of Indiana, United States, without regard to conflict of law provisions.
14. Contact
For questions about these Terms, contact us at support@vapetax.io.