1. Acceptance of Terms
By accessing or using CostSegSmart.com or any services provided by CostSegSmart ("we," "us," or "our"), you agree to be bound by these Terms of Service. If you do not agree, do not use our services.
2. Service Description
CostSegSmart is an engineering-based cost segregation software platform. We generate cost segregation reports using engineering cost databases, IRS classification guidelines, and property-specific inputs. Our service is a software tool — not a tax advisory, legal, or accounting firm.
3. Not Tax, Legal, or Accounting Advice
CostSegSmart is a software tool and does not provide tax, legal, or accounting advice. Any information or estimates provided are for informational purposes only and are not a substitute for advice from a qualified professional. We do not guarantee any tax outcome, deduction amount, depreciation treatment, or audit result. You should consult with a qualified CPA, tax advisor, or attorney before making any tax or financial decisions based on our reports.
4. No Professional Relationship
Use of this website or purchase of any report does not create a CPA-client, attorney-client, fiduciary, or advisory relationship between you and Cost Seg Smart LLC. No communication with Cost Seg Smart — whether by email, phone, chat, or through our reports — should be construed as personalized tax, legal, or accounting advice.
5. No Sole Reliance; Use in Tax Filings
Reports generated by Cost Seg Smart are provided for informational and analytical purposes only. You agree not to rely solely on any report without independent review by a qualified CPA or tax professional. Cost Seg Smart shall not be responsible for any tax positions taken, returns filed, or financial decisions made without such independent review.
Reports are intended to support a taxpayer's internal analysis and discussions with their tax advisor. Reports must be reviewed and approved by a qualified CPA or tax professional prior to being used in any tax return, filing position, or submission to any taxing authority. You agree that you will not use any report as the sole basis for a tax position without such review.
Cost Seg Smart does not guarantee that any classification, allocation, or position reflected in a report will be accepted by the Internal Revenue Service or any state or local taxing authority. Tax treatment is subject to audit risk, interpretation, and changes in applicable law. You acknowledge that any use of the report in a tax filing involves inherent uncertainty.
6. Tax Law Variability
Tax outcomes depend on current federal and state law, taxpayer-specific circumstances, and state conformity rules. Cost Seg Smart does not guarantee eligibility for bonus depreciation, specific tax savings, or audit outcomes. Bonus depreciation rates and rules are subject to change by Congress. State tax treatment of cost segregation varies — some states do not conform to federal bonus depreciation or MACRS rules. You are responsible for understanding the tax laws applicable to your jurisdiction and situation.
7. Estimate and Calculator Limitations
The free estimate calculator on our website produces approximate results based on simplified modeling assumptions. These estimates are for informational purposes only and may differ significantly from the results of a full cost segregation study. Actual tax outcomes depend on property-specific facts, applicable tax law, and your individual tax situation.
8. User Inputs and Responsibility
You are responsible for the accuracy and completeness of all information you provide. Our reports are generated based on the data you submit, supplemented by third-party data sources. Inaccurate inputs may result in inaccurate outputs. You are solely responsible for reviewing all reports with your tax professional before filing.
9. Report Modification and Misuse
Any modification, partial use, selective extraction, or reinterpretation of a Cost Seg Smart report by any party voids any representations made by Cost Seg Smart regarding that report. The report is provided as a complete document and is not intended to be used in parts or altered in any way. Cost Seg Smart is not liable for any consequences arising from modified or partially used reports.
10. Third-Party Data Disclaimer
Reports may rely on third-party data sources, including public records, county assessor data, satellite imagery, and licensed construction cost databases (e.g., RSMeans). Cost Seg Smart does not independently verify all third-party data and makes no representations regarding its accuracy or completeness. You acknowledge that inaccuracies in such data may affect report outputs. Third-party data is used to supplement, not replace, your provided information.
11. No Guarantee / No Warranty
Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that our reports will produce any specific tax result, that our estimates will match actual outcomes, or that our service will be uninterrupted or error-free.
12. Limitation of Liability
To the fullest extent permitted by law, Cost Seg Smart LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services, including but not limited to lost profits, tax penalties, interest, or unfavorable audit outcomes. Our total liability for any claim arising out of or relating to the use of our services shall not exceed the amount you paid for the specific report giving rise to the claim.
13. Indemnification
You agree to indemnify, defend, and hold harmless Cost Seg Smart LLC, its officers, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of any report or service, (b) your tax filings or financial decisions based on our reports, (c) inaccurate, incomplete, or misleading information provided by you, or (d) your violation of these Terms.
14. Refund Policy
Refunds may be issued if: (a) the report contains a material calculation error that cannot be corrected through a revised report, or (b) your CPA determines the report cannot be reasonably used for its intended purpose and provides written documentation of the specific deficiency. Requests must be submitted to support@costsegsmart.com within 30 days of delivery.
Cost Seg Smart reserves the right to revise the report or request additional documentation before issuing a refund. The "CPA-Ready Guarantee" means the report includes sufficient detail and documentation for a qualified CPA to review and evaluate — it does not guarantee acceptance or agreement by any specific CPA, nor does it guarantee any specific tax outcome, deduction amount, or audit result.
15. Dispute Resolution
Any dispute arising out of or relating to these Terms or the services provided shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in Los Angeles County, California, under its Commercial Arbitration Rules. You agree to bring claims only in your individual capacity and waive any right to participate in a class action or jury trial.
You may opt out of this arbitration provision by providing written notice to support@costsegsmart.com within 30 days of first accepting these Terms. If you opt out, disputes will be resolved in the state or federal courts in Los Angeles County, California.
To the fullest extent permitted by law, any claim arising out of or relating to these Terms or the Service must be filed within one (1) year after such claim arose. Any claim not filed within this period is permanently barred.
15A. Release of Tax-Related Claims
To the maximum extent permitted by applicable law, you release and waive any claims against Cost Seg Smart LLC arising out of or related to: (a) any tax position taken or not taken based on our reports; (b) any audit, examination, or inquiry by any taxing authority; (c) any tax penalties, interest, or additional assessments; (d) any reliance on the accuracy or completeness of the report for tax filing purposes; and (e) any decision to purchase, sell, hold, or improve a property based on report contents. This release is in addition to, and does not limit, the indemnification and limitation of liability provisions in these Terms.
16. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Los Angeles County, California.
17. Entity and Legal Structure
Cost Seg Smart is operated by Cost Seg Smart LLC, a Wyoming limited liability company. All references to "Cost Seg Smart," "we," "us," or "our" in these Terms refer to Cost Seg Smart LLC. The service is an engineering-based cost allocation platform — it is not a licensed CPA firm, law firm, or registered investment advisor.
18. Force Majeure
Cost Seg Smart shall not be liable for any failure or delay in performing its obligations due to circumstances beyond its reasonable control, including but not limited to natural disasters, government actions, internet or infrastructure outages, third-party data provider failures, or changes in tax law that affect the applicability of report contents.
19. Privacy and Contact Information
Your use of our services is also governed by our Privacy Policy. For questions about these Terms, contact us at support@costsegsmart.com or by mail at: Cost Seg Smart LLC, 5665 W Wilshire Blvd Suite 1244, Los Angeles, CA 90036.