Terms of Use
These Terms of Use ("Terms") govern access to and use of the cimplx.aca.report website and client portal and related ACA reporting services (the "Services") provided by ACA Compliance Services Inc, doing business as Cimplx ("Cimplx," "we," "us"). By accessing or using the Services, you agree to these Terms on behalf of yourself and the organization you represent (the "Client"). If a Client has a separate signed agreement with Cimplx, that agreement controls where it conflicts with these Terms.
1. The Services
Cimplx prepares Affordable Care Act information returns (such as Forms 1094-C, 1095-C, 1094-B and 1095-B) from information supplied by the Client, and transmits them electronically to the Internal Revenue Service through the IRS ACA Information Returns (AIR) system when the Client authorizes us to.
2. Accounts and access
- Portal access is by invitation only. Each user must have their own account; credentials may not be shared.
- You are responsible for keeping your credentials confidential and for activity under your account. Tell us immediately at the contact below if you suspect unauthorized access.
- We may suspend access to protect the security of the Services or the information in them.
3. Client responsibilities
- Accurate information. The Client is responsible for the accuracy and completeness of the information it provides, including employee identification, employment, offer and coverage information.
- Authority. The Client confirms it has the right to provide the information to Cimplx for these purposes, including any notices or authorizations required by law.
- Review and approval. The Client is responsible for reviewing and approving returns before filing, and for responding to our questions in time to meet filing deadlines.
- Filing obligations. The Client remains the filer of its returns and remains responsible for its obligations under the Internal Revenue Code, including any penalties assessed by the IRS.
4. Our role and limits
- We prepare and transmit returns based on the information and approvals the Client provides. We do not independently verify that information except as described in a signed agreement.
- The Services may use automated and AI-assisted tools to organize data, suggest codes and flag possible issues. Those suggestions are reviewed by people and approved by the Client before filing.
- Unless a signed agreement says otherwise, the Services are not legal or tax advice. The Client should consult its own advisors on its legal obligations.
- Acceptance of a transmission by the IRS depends on the IRS's systems and requirements. We do not control IRS processing times, system availability or determinations.
5. Fees
Fees are set out in the Client's proposal, quote or agreement with Cimplx.
6. Confidentiality and data protection
We protect Client information as described in our Privacy Policy and, where applicable, the Business Associate Agreement between the Client and Cimplx. Each party will keep the other's non-public business information confidential and use it only for the purposes of the Services.
7. Acceptable use
You may not: attempt to access accounts or data that are not yours; probe, scan or test the vulnerability of the Services; interfere with their operation; upload malicious code; or use the Services for any unlawful purpose.
8. Intellectual property
The Services, including software, templates and documentation, are owned by Cimplx and its licensors. Clients receive a limited, non-exclusive, non-transferable right to use the Services for their own ACA reporting during their engagement. Clients keep all rights in their own data.
9. Disclaimers
Except as expressly stated in a signed agreement, the Services are provided "as is" and "as available," and Cimplx disclaims all implied warranties, including merchantability, fitness for a particular purpose and non-infringement, to the fullest extent permitted by law.
10. Limitation of liability
To the fullest extent permitted by law, Cimplx will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits or revenues. Cimplx's total liability arising from the Services will not exceed the fees the Client paid to Cimplx for the Services in the twelve (12) months before the event giving rise to the claim, unless a signed agreement provides otherwise.
11. Indemnification
The Client will defend and indemnify Cimplx against third-party claims arising from inaccurate or unauthorized information the Client provides, or from the Client's breach of these Terms.
12. Term and termination
These Terms apply for as long as you use the Services. We may suspend or end access for breach of these Terms or as needed to protect the Services. Records of returns already transmitted to the IRS are kept as described in our Privacy Policy.
13. Governing law
These Terms are governed by the laws of the State of South Carolina, without regard to its conflict-of-laws rules. The state and federal courts located in York County, South Carolina have exclusive jurisdiction, unless a signed agreement provides otherwise.
14. Changes
We may update these Terms from time to time. We will post the updated Terms on this page with a new effective date. Continued use of the Services after an update means you accept the updated Terms.
15. Contact
ACA Compliance Services Inc, dba Cimplx
1516 E Main St, Rock Hill, SC 29730
Phone: (803) 517-4215
Email: info@cimplx.com