● Legal
Terms of Service
Effective Date: May 1, 2026 · Last Updated: May 1, 2026
IMPORTANT: Please read these Terms of Service carefully before using ClearFile. By creating an account or using the platform, you agree to be bound by these Terms. If you do not agree, do not use ClearFile.
ClearFile is a tax return preparation tool. It is not a tax advisory service, accounting firm, or registered tax agent. Nothing in this platform constitutes professional tax, legal, or financial advice.
1. Definitions
- “ClearFile,” “we,” “us,” or “our”
- refers to ClearFile, a business registered in The Commonwealth of The Bahamas, operating the platform available at clearfile.co.
- “Platform”
- means the ClearFile web application, including all features, tools, content, and services available through clearfile.co.
- “User,” “you,” or “your”
- means any individual or business entity that registers for, accesses, or uses the Platform.
- “Account”
- means the registered profile created by a User to access the Platform.
- “Subscription”
- means a paid or free tier plan providing access to specific Platform features as described on the pricing page.
- “User Data”
- means all financial records, transaction data, invoices, receipts, and other data submitted by the User to the Platform.
- “Filing”
- means a VAT Return or other tax submission prepared using the Platform.
- “Bahamian Tax Law”
- means all applicable legislation, regulations, and official guidance issued by the Department of Inland Revenue and other relevant Bahamian regulatory bodies.
2. Acceptance of Terms
By accessing or using the Platform, you confirm that:
- You are at least 18 years of age
- You have the legal authority to enter into this agreement on behalf of yourself or the business entity you represent
- You have read, understood, and agree to be bound by these Terms
- You agree to comply with all applicable Bahamian laws and regulations in your use of the Platform
ClearFile reserves the right to update these Terms at any time. We will notify registered Users of material changes by email or through an in-platform notification. Continued use of the Platform after such notification constitutes acceptance of the revised Terms.
3. Platform Description and Scope
3.1 What ClearFile Does
ClearFile is a tax return preparation platform. It assists Bahamian businesses in organising their financial transaction data, applying Bahamian VAT rules to that data, and generating completed returns ready for submission to the relevant government portal. The Platform currently supports:
- VAT Return preparation for submission through the Department of Inland Revenue's OTAS portal
Additional compliance modules — including NIB C10 employer filings and Business Licence tax returns — are planned for future release.
3.2 What ClearFile Does Not Do
- ClearFile does not submit returns to government portals on your behalf
- ClearFile does not provide professional tax advice, legal advice, or accounting services
- ClearFile does not guarantee the accuracy of any Filing or the outcome of any government review, audit, or assessment
- ClearFile does not represent you before the Department of Inland Revenue or any other regulatory body
- ClearFile does not provide advice on tax planning, tax minimisation strategies, or structuring of business arrangements
3.3 Preparation Tool Disclaimer
CRITICAL DISCLAIMER
ClearFile prepares returns based on the data you provide. The accuracy of any Filing generated by ClearFile depends entirely on the accuracy and completeness of the data you input. You remain solely responsible for reviewing all Filings before submission, for the accuracy of the information submitted to government authorities, and for any tax liabilities, penalties, interest, or other consequences arising from your Filings.
ClearFile's tax rules engine is maintained in accordance with our understanding of current Bahamian tax law. However, tax law changes frequently. You should verify that any Filing reflects the most current applicable rules before submission. ClearFile is not responsible for errors arising from changes in law that have not yet been incorporated into the Platform.
4. Account Registration and Security
To access the Platform, you must create an Account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain the accuracy of your Account information and update it promptly when it changes
- Keep your login credentials confidential and not share them with any third party
- Notify ClearFile immediately at support@clearfile.co if you become aware of any unauthorised access to your Account
- Accept full responsibility for all activity that occurs under your Account
ClearFile reserves the right to suspend or terminate any Account that provides false or misleading information, or that is used in violation of these Terms.
5. Subscriptions and Payment
5.1 Subscription Tiers
ClearFile offers subscription tiers, the features and pricing of which are described in detail on the clearfile.co pricing page:
- Free Tier— limited transactions per month, VAT Returns only
- Starter Tier (BSD $65/month)— VAT Returns, expanded transaction limit, 12-month filing history
- Growth Tier (BSD $199/month)— VAT Returns, expanded transaction limit, extended filing history, priority support
- Professional Tier (BSD $399/month)— VAT Returns, unlimited transactions, expanded features
ClearFile reserves the right to modify subscription pricing upon 30 days written notice to registered Users. Price changes will not affect your current billing cycle.
5.2 Billing and Payment
Paid subscriptions are billed monthly or annually in advance. All prices are in Bahamian Dollars (BSD). Payment is processed through a third-party payment processor. By providing payment details, you authorise ClearFile to charge the applicable subscription fee on each billing date.
If payment fails, ClearFile will notify you and may suspend access to paid features until payment is resolved. Continued failure to pay may result in account downgrade to the Free Tier or account termination.
5.3 Refund Policy
ClearFile does not offer refunds for subscription fees already paid, except where required by applicable Bahamian consumer protection law. If you cancel your subscription, you will retain access to paid features until the end of your current billing period, after which your account will be downgraded to the Free Tier.
6. User Obligations and Acceptable Use
6.1 Accurate Data
You are solely responsible for the accuracy, completeness, and legality of all data you input into the Platform. You must not input data that is false, misleading, fraudulent, or that does not accurately represent your business's actual financial transactions.
6.2 Prohibited Uses
You agree not to use the Platform to:
- Prepare or submit fraudulent tax returns or false declarations to any government authority
- Circumvent, manipulate, or misrepresent your tax obligations under Bahamian law
- Attempt to gain unauthorised access to any part of the Platform or to any other User's data
- Reverse engineer, decompile, or attempt to extract the source code of the Platform
- Resell, sublicense, or otherwise commercialise access to the Platform without ClearFile's written consent
- Upload malicious code, viruses, or any content designed to disrupt or damage the Platform
- Use the Platform in any way that violates applicable Bahamian law or any other applicable law
6.3 Review Before Submission
You must review all Filings generated by the Platform before submitting them to any government portal. By submitting a Filing to a government authority, you confirm that you have reviewed its contents and that the information is accurate and complete to the best of your knowledge. ClearFile bears no responsibility for Filings submitted without adequate User review.
7. Intellectual Property
7.1 ClearFile's Intellectual Property
ClearFile owns all intellectual property rights in and to the Platform, including but not limited to the software, user interface, design, tax rules engine, algorithms, documentation, and all content created by ClearFile. Nothing in these Terms grants you any ownership interest in the Platform.
You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for your own internal business compliance purposes during the term of your Subscription.
7.2 User Data Ownership
You retain full ownership of all User Data you submit to the Platform. ClearFile does not claim ownership of your financial records, transaction data, or any other data you upload. ClearFile's rights to your User Data are limited to those necessary to provide the services described in these Terms and our Privacy Policy.
7.3 Feedback
If you provide ClearFile with feedback, suggestions, or ideas regarding the Platform, you grant ClearFile a perpetual, royalty-free licence to use that feedback in any manner without obligation or compensation to you.
8. Limitation of Liability
8.1 Disclaimer of Warranties
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CLEARFILE DISCLAIMS ALL WARRANTIES INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
ClearFile does not warrant that the Platform will be uninterrupted, error-free, or free of viruses or other harmful components. ClearFile does not warrant that the Platform will meet your specific requirements or that any Filing generated will be accepted by, or satisfy the requirements of, any government authority.
8.2 Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE BAHAMIAN LAW, CLEARFILE'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO CLEARFILE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
8.3 Exclusion of Consequential Damages
IN NO EVENT SHALL CLEARFILE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, TAX PENALTIES, INTEREST CHARGES, GOVERNMENT FINES, OR OTHER REGULATORY CONSEQUENCES, EVEN IF CLEARFILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This exclusion applies regardless of whether such damages arise from:
- Errors or inaccuracies in the Platform's tax rules engine
- Changes in Bahamian tax law not yet reflected in the Platform
- Inaccurate or incomplete data submitted by the User
- System downtime, data loss, or service interruption
- Any Filing prepared using the Platform that results in a tax liability, penalty, or government audit
8.4 Carve-Outs
Nothing in this Section limits ClearFile's liability for: (a) death or personal injury caused by ClearFile's gross negligence; (b) fraud or fraudulent misrepresentation by ClearFile; or (c) any liability that cannot be excluded under applicable Bahamian law.
9. Indemnification
You agree to indemnify, defend, and hold harmless ClearFile and its officers, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:
- Your use of the Platform in violation of these Terms
- Any Filing you submit to a government authority using data prepared through the Platform
- Your violation of any applicable Bahamian law or regulation
- Any false, inaccurate, or fraudulent data you input into the Platform
- Any third-party claim arising from your User Data or your use of the Platform
10. Termination and Suspension
10.1 Termination by User
You may cancel your Subscription and close your Account at any time through your Account settings or by contacting support@clearfile.co. Upon cancellation, your access to paid features will continue until the end of your current billing period.
10.2 Termination by ClearFile
ClearFile may suspend or terminate your Account immediately and without notice if:
- You materially breach these Terms and fail to remedy such breach within 7 days of written notice
- ClearFile reasonably suspects fraudulent or illegal activity through your Account
- You fail to pay any outstanding subscription fees
- ClearFile is required to do so by applicable law or court order
10.3 Effect of Termination
Upon termination of your Account:
- Your access to the Platform will cease immediately
- ClearFile will retain your User Data for a period of 30 days following termination, during which you may request an export of your data
- After 30 days, your User Data will be permanently deleted from ClearFile's systems, except where retention is required by law
- All provisions of these Terms that by their nature should survive termination shall do so, including Sections 7, 8, 9, and 13
11. Data Retention and Security
ClearFile retains User Data for the duration of your active Subscription and for the period following termination described in Section 10.3. ClearFile implements industry-standard security measures to protect User Data against unauthorised access, alteration, disclosure, or destruction. These measures include encrypted data transmission, encrypted data storage, and access controls.
In the event of a security incident that affects your data, ClearFile will notify you in accordance with our obligations under applicable Bahamian law.
12. Third-Party Services
The Platform integrates with or relies upon third-party services including payment processors, cloud hosting providers, and communication services. These third-party services are governed by their own terms of service and privacy policies. ClearFile is not responsible for the acts or omissions of any third-party service provider.
13. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the Commonwealth of The Bahamas. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of The Bahamas.
Before initiating any formal legal proceedings, the parties agree to attempt to resolve any dispute through good faith negotiation for a period of not less than 30 days from written notice of the dispute.
14. General Provisions
- Entire Agreement
- These Terms, together with the Privacy Policy and any applicable Subscription order, constitute the entire agreement between you and ClearFile regarding your use of the Platform and supersede all prior agreements.
- Severability
- If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
- Waiver
- ClearFile's failure to enforce any provision of these Terms shall not constitute a waiver of its right to enforce that provision in the future.
- Assignment
- You may not assign your rights or obligations under these Terms without ClearFile's prior written consent. ClearFile may assign its rights and obligations without restriction.
- Force Majeure
- ClearFile shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to government actions, natural disasters, or telecommunications failures.
- Notices
- All notices to ClearFile under these Terms must be sent to support@clearfile.co. ClearFile will send notices to the email address registered to your Account.