INTUIT TERMS OF SERVICE FOR
INTUIT PROCONNECT TAX ONLINE SERVICES
Thank you for selecting the Services offered by Intuit Inc. and/or its subsidiaries and affiliates (referred to as "Intuit", "we", "our", or "us"). Review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal agreement between you and Intuit. By accepting electronically (for example, clicking "I Agree"), installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.
A. GENERAL TERMS
1. AGREEMENT
This Agreement describes the terms governing your use of the Intuit online services provided to you on this website, including content, updates and new releases, (collectively, the "Services"). It includes by reference:
2. YOUR RIGHTS TO USE THE SERVICES
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only
granted
the right to use the Services and only for the purposes described by Intuit. Intuit reserves all other rights in
the
Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and
comply
with this Agreement, Intuit grants to you a personal, limited, nonexclusive, nontransferable right and license
to
use the Services.
2.2 You agree not to use, nor permit any third party to use, the Services or content in a manner that violates
any
applicable law, regulation or this Agreement. You agree you will not:
2.3 These Services are not intended for use by the United States federal government or other entities utilizing federal appropriated funds to acquire a license to the Services (collectively "Federal Users"). A license for use by Federal Users is not granted and any such usage is prohibited. In the event any Federal User should purport to acquire a license to the Services, such license is hereby nullified and declared void and no contract between Intuit and a Federal User shall result from such purported acquisition. Intuit reserves the right in its sole discretion: (i) to cancel any Services order placed by a Federal User (either directly from Intuit or from any third party) at any time, including but not limited to, after such Services has been provided to the Federal User at issue, and (ii) to restrict such Federal User’s access or use of the Services.
3. PAYMENT. For Services offered on a payment or subscription basis, the following terms apply, unless Intuit or its third party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
4. USE WITH YOUR MOBILE DEVICE
Use of these Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
INTUIT MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
5. YOUR PERSONAL INFORMATION. You can view Intuit’s Privacy Statement provided with the
Services
and on the website for the Services. You agree to the applicable Intuit Privacy Statement, and any changes
published
by Intuit. You agree that Intuit may use and maintain your personal information according to the Intuit Privacy
Statement, as part of the Services. This means that Intuit may use your personal information to improve the
Services
or to design promotions and to develop new products or services. Intuit is a global company and may access or
store
personal information in multiple countries, including countries outside of your own country to the extent
permitted
by applicable law.
6. CONTENT AND USE OF THE SERVICES
6.1 You are responsible for your content.
6.2 Restricted Use of the Services. You shall not, and shall not permit any users of the
Services or
any other party to, engage in, solicit, or promote any activity that is objectionable or may be illegal,
violates
the rights of others, is likely to cause notoriety, harm or damage to the reputation of Intuit or could subject
Intuit to liability to third parties, including: (i) unauthorized access, monitoring, interference with, or use
of
the Services or third party accounts, data, computers, systems or networks; (ii) interference with others’ use
of
the Services or any system or network, including mail bombing, broadcast or denial of service attacks; (iii)
unauthorized collection or use of personal or confidential information, including phishing, pharming, spidering,
and
harvesting; (iv) viewing or other use of any Content that, in Intuit’s opinion, is prohibited under this
Agreement;
(v) any other activity that places Intuit in the position of fostering, or having potential or actual liability
for,
illegal activity in any jurisdiction; or (vi) attempting to probe, scan, penetrate or test the vulnerability of
an
Intuit system or network or to breach Intuit’s security or authentication measures, whether by passive or
intrusive
techniques. Intuit reserves the right to not authorize and may terminate your use of the Services based on
reasonable suspicion of your activities, business, products or services that are objectionable or promote,
support
or engage in any of the restricted uses described above.
6.3 Community forums. The Services may include a community forum or other social features to
exchange Content and information with other users of the Services and the public. Intuit does not support and is
not
responsible for the content in these community forums. Please use respect when you interact with other users. Do
not
reveal information that you do not want to make public. Users may post hypertext links to content of third
parties
for which Intuit is not responsible.
6.4 Intuit may freely use feedback you provide. You agree that Intuit may use your feedback,
suggestions, or ideas in any way, including in future modifications of the Services, other products or services,
advertising or marketing materials. You grant Intuit a perpetual, worldwide, fully transferable, sublicensable,
non-revocable, fully paid-up, royalty free license to use the feedback you provide to Intuit in any way.
6.5 Intuit may monitor your Content. Intuit may, but has no obligation to, monitor content on the Services.
We may disclose any information necessary to satisfy our legal obligations, protect Intuit or its customers, or
operate the Services properly. Intuit, in its sole discretion, may refuse to post, remove, or refuse to remove,
any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of
this Agreement.
7. ADDITIONAL TERMS
7.1 Intuit does not give professional advice. Unless specifically included with the Services,
Intuit is not in the business of providing legal, financial, accounting, tax, health care, real estate or other
professional services or advice. Consult the services of a competent professional when you need this type of
assistance.
7.2 We may tell you about other Intuit services. You may be offered other services, products,
or
promotions by Intuit ("Intuit Services"). Additional terms and conditions and fees may apply. With some Intuit
Services you may upload or enter data from your account(s) such as names, addresses and phone numbers,
purchases,
etc., to the Internet. You grant Intuit permission to use information about your business and experience to help
us
to provide the Intuit Services to you and to enhance the Services. You grant Intuit permission to combine your
business data, if any, with that of others in a way that does not identify you or any individual personally. You
also grant Intuit permission to share or publish summary results relating to research data and to distribute or
license such data to third parties.
7.3 Communications. Intuit may be required by law to send you communications about the Services
or
Third Party Products. You agree that Intuit may send these communications to you via in-Service alerts or
messages,
email and/or by posting critical notices on our websites.
7.4 You will manage your passwords and accept updates. You are responsible for securely
managing
your password(s) for the Services and to contact Intuit if you become aware of any unauthorized access to your
account. The Services may periodically be updated with tools, utilities, improvements, third party applications,
or
general updates to improve the Services. You agree to receive these updates.
7.5 CCPA. Unless otherwise defined in this Agreement, capitalized terms
in this paragraph have the meanings given those terms in the California
Consumer Privacy Act (“CCPA”). The parties agree that, for
purposes of the CCPA, you are a Business and Intuit is a Service
Provider. Notwithstanding anything else in this Agreement, Intuit shall
not (1) retain or use such Personal Information other than as needed to
perform the Services or (2) Sell or otherwise disclose such Personal
Information except to Service Providers needed to render the Services,
except that you hereby instruct Intuit to Aggregate and Deidentify the
Personal Information as needed to analyze and improve the Services. Intuit
certifies that it understands and will comply with its obligations under
this Section 7.5.
8. DISCLAIMER OF WARRANTIES
8.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS
AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT, ITS
AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,"SUPPLIERS")
DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE,
TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY
RIGHTS, OR
THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. INTUIT AND ITS AFFILIATES AND
SUPPLIERS
DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR
DESTRUCTION. IF
THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM
THE
DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
8.2 INTUIT, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE
SERVICES
WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
9. LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
THE
ENTIRE LIABILITY OF INTUIT, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE
LIMITED
TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE
LAW, INTUIT, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE
INTERNET,
ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS,
REVENUE,
PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET INTUIT SYSTEMS REQUIREMENTS. THE ABOVE
LIMITATIONS APPLY EVEN IF INTUIT AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF INTUIT, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH
RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold Intuit and its Affiliates and Suppliers harmless from any and all claims,
liability
and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach
of
this Agreement (collectively referred to as "Claims"). Intuit reserves the right, in its sole discretion and at
its
own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as
requested by Intuit in the defense of any Claims.
10. CHANGES. We reserve the right to change this Agreement at any time, and the changes will be
effective when posted through the Services, on our website for the Services or when we notify you by other
means. We
may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates
your
agreement to the changes.
11. TERMINATION. Intuit may immediately, in its sole discretion and without notice
terminate this Agreement or suspend the Services if you fail to comply
with this Agreement or if you no longer agree to receive electronic
communications. Upon termination, you must immediately stop using the
Services and any outstanding payments will become due. Any termination
of this Agreement shall not affect Intuit’s rights to any payments
due to it. Intuit may terminate a free account at any time. Sections
2.2, 3 through 15 will survive and remain in effect even if the
Agreement is terminated.
12. GLOBAL TRADE RESTRICTIONS. agree that you and anyone who uses the Services, including the mobile application,
are not prohibited from receiving the services under the laws of the United States or other applicable jurisdiction. You acknowledge
that the Services, including the mobile application, and the underlying software may
include U.S. technical data subject to restrictions under export control laws and regulations administered by the United
States government. You agree that you will comply with these laws and regulations, and will not transfer or provide
any part of the Services, in violation of these laws and regulations, directly or indirectly.
13. GOVERNING LAW. California state law governs this Agreement without regard to its conflicts
of
laws provisions.
14. DISPUTES. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply California law to all other matters. All issues are for the arbitrator to decide, including issues related to the scope and enforceability of this arbitration provision. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND INTUIT ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Intuit Inc., in care of our registered agent Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA's rules, but if you are unable to pay any of them, Intuit will pay them for you. In addition, Intuit will reimburse all such fees and costs for claims totaling less than $75,000 unless the arbitrator determines the claims are frivolous. Likewise, Intuit will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section 14 shall survive expiration, termination or rescission of this Agreement.
15. GENERAL. This Agreement, including the Additional Terms below, is the entire agreement
between
you and Intuit and replaces all prior understandings, communications and agreements, oral or written, regarding
its
subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid,
that
section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and
enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to
this
Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of
Intuit.
However, Intuit may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale
of
assets by Intuit or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you
want to request a transfer of this Agreement, contact Intuit via an email to: transfer_license@intuit.com.
October 2021
B. ADDITIONAL TERMS AND CONDITIONS FOR INTUIT PROCONNECT TAX ONLINE ("SERVICE" or "SERVICES")
IMPORTANT NOTICE: THESE ADDITIONAL TERMS AND CONDITIONS ALSO APPLY TO YOU AND SHALL PREVAIL OVER ANY CONFLICT OR INCONSISTENCY WITH THE GENERAL TERMS OF SERVICE ABOVE. Capitalized terms not otherwise defined below have the meanings provided in the Terms of Service Agreement.
1. LICENSE AND RESTRICTIONS
1.1 Intuit hereby grants you nonexclusive, nontransferable right and access to use the Tax Online Services solely to prepare valid federal and supported state tax return(s) for which you have paid the applicable fee(s), and after proper registration and any applicable payment, to file electronically and/or print such tax return(s). All proprietary rights in the Tax Online Services and legal title thereto shall remain in Intuit or its licensors.
1.2 You are not licensed or permitted under this Agreement to do any of the following: (a) modify, adapt, translate, rent or sublicense the Tax Online Services (including offering the Tax Online Services to third parties on an applications service provider or time-sharing basis); (b) create derivative works based upon the Tax Online Services or any part thereof; (c) copy the Tax Online Services in whole or part, or use trade secret information contained in the Tax Online Services, (d) to develop software or services to interface with the Tax Online Services. You agree not to (and not to permit others to): (i) decompile, disassemble, or otherwise reverse engineer the Tax Online Services, except as otherwise expressly permitted by applicable law; or (ii) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright notices) of Intuit or its licensors on or within the Tax Online Services.
1.3 Intuit shall have the right at any time, in its sole and absolute discretion, to modify or delete features and to change the operating interface in any or all of the Tax Online Services, or to change the hardware and computer system specifications necessary or recommended to access and use the Tax Online Services.
2. REPRESENTATION BY YOU
YOU REPRESENT TO INTUIT THAT THE FIRM NAME AND ADDRESS PROVIDED BY YOU IN THE TAX ONLINE SERVICES REGISTRATION PROCESS IS THE PRIMARY BUSINESS FIRM NAME AND ADDRESS USED BY YOU IN THE NORMAL COURSE OF BUSINESS. You represent and warrant that the Primary Firm Name and Address submitted in the Tax Online Services Registration Process should match the firm name and address in Intuit Tax Online records and the firm name and address you provided to the IRS as part of your firm’s EFIN registration.
You acknowledge that this firm name and address will appear in the "Paid Preparer" designation on tax returns processed using the Tax Online Services. ANY ALTERATION, DELETION, MODIFICATION, OR CHANGE OF ANY KIND TO THE INFORMATION THAT APPEARS IN THE "PAID PREPARER" DESIGNATION IS STRICTLY PROHIBITED AND CONSTITUTES A VIOLATION OF INTUIT'S REGISTERED COPYRIGHTS (except to the extent the Tax Online Services contains functionality permitting: (a) the preparation of "self-prepared" or "non-paid preparer" returns; or (b) an alteration, deletion, modification or change of such "paid preparer" designation expressly authorized by Intuit as evidenced by Intuit’s records).
Intuit has the right at any time, in its sole and absolute discretion, to condition your use of the Tax Online Services upon your payment of applicable charges. Additionally, Intuit reserves the right at any time, in its sole and absolute discretion, to suspend and/or terminate your use of any Intuit Tax Online Services if you are delinquent in the payment of any charges owed to Intuit, including, without limitation, checks returned to Intuit for insufficient funds and denied credit or charge card amounts.
3. ELECTRONIC FILING SERVICES AND PRODUCT SUPPORT
3.1 Electronic Filing Services. If you choose to file returns electronically, the tax returns
will
be transmitted electronically to the Intuit Electronic Filing Center, where they will be transmitted to the
applicable federal or state taxing authority. Intuit will retain any records required by law. Intuit cannot
guarantee that the taxing authority will accept a return due to circumstances beyond Intuit’s control (e.g.,
incorrect user information, malfunction of the tax authority’s system, etc.). You are responsible for verifying
that the EFIN information, including name and address, on file with the IRS (or other tax authority, as applicable)
is the same information on file within the Software and/or Intuit Electronic Filing Center. You are also responsible for verifying
the status of returns that you file electronically to confirm that they have been received and accepted by the
applicable taxing authority and, if necessary, for filing them manually. By using Intuit's system to prepare and
submit tax returns, you consent to the disclosure by Intuit to the IRS and any other tax or revenue authority of
all
information pertaining to your use of the Services. The Intuit Electronic Filing Center will only accept returns
from and transmit returns for Authorized IRS e-file Providers as set forth by the IRS in Publication 3112 and
Publication 1345. Intuit reserves the right at any time to require users of the Electronic Filing Service to
provide
information verifying that they are Authorized IRS e-file Providers using a valid IRS issued EFIN. If you are
unable
or unwilling to provide information or documentation to verify your validly issued Authorized IRS e-file
Provider or
EFIN status in a form acceptable to Intuit, or if Intuit is unable to verify or validate your status, Intuit may
block your access or ability to use the Electronic Filing Services or your ability to prepare, submit, process
or
transmit returns via the Electronic Services. Intuit may at any time and in its sole discretion change or
discontinue any aspect, availability or feature of the Tax Online Services. Year round and multi-year electronic
filing is only supported if you are a Customer that has purchased a current year tax form.
The IRS requires Intuit to notify it, in connection with the electronic filing of your tax return, of the
Internet
Protocol ("IP") address of the computer from which the return originated and whether the email address of the
person
electronically filing the return has been collected. By using this Service to prepare and submit your tax
return,
you consent to the disclosure to the IRS and any other tax or revenue authority of all information relating to
your
use of the Electronic Filing Services.
3.2 Product Support. Intuit may offer, in its sole discretion, product support for the Tax
Online
Services using a variety of methods (e.g. remote, Internet, fax and phone) either at no charge to you, as
determined
by Intuit in its sole discretion, or at Intuit's then current rates, which rates may be changed from time to
time by
Intuit without notice. Intuit may modify or discontinue offering Product Support at any time, in its sole
discretion. Any Product Support offered by Intuit shall not constitute a continuing obligation to provide
Product
Support.
Product Support, if offered, is subject to Intuit’s discontinuation policy. Additionally, you (and not Intuit)
are
responsible for providing any support to your clients in connection with their use of connected and online
services.
4. THIRD PARTY PRODUCTS AND SERVICES.
4.1 Third Party Products and Websites. By using these Services, you agree that we may market to you or offer you access to products or services from third parties ("Third Party Products"). If you decide to use or access any Third Party Products, you agree that you are solely responsible for your relationship with the provider of the product. Intuit is not affiliated with Third Party Products and does not endorse or recommend any Third Party Products. You agree that the providers of the Third Party Products, and not Intuit, are solely responsible for their own actions or inactions. Intuit is not liable for any damages, claims or liabilities arising out of or related to any Third Party Products. You agree that you will (a) review and comply with all Third Party Product terms and conditions, and (b) not use the Third Party Product in any manner that would infringe or violate the rights of Intuit or any other party or in furtherance of criminal, fraudulent or other unlawful activity.
The Services may contain or reference links to websites operated by third parties (“Third Party Websites”). These links are provided as a convenience only. Intuit is not responsible for the content of any Third Party Website or any link contained in a Third Party Website. Intuit does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the Software is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Intuit of any data contained in, or any services made available through, any Third Party Website. In no event will Intuit be responsible for the information contained in such Third Party Website or for Licensees use of or inability to use such website. Access to any Third Party Website is at your own risk, and Licensee acknowledges and understands that linked Third Party Websites may contain terms and privacy policies as well as fees that are different from those of Intuit. Intuit is not responsible for such provisions, and expressly disclaims any liability for use of such Third Party Services and Third Party Websites.
4.2 Data Transfer Service.
4.3 Data Receipt Service.
4.4 Intuit Practice Management powered by Karbon. Licensee has the option of using a platform to manage workflows, communicate with teams, and deliver client work in a digital workspace. In addition to the terms provided in this Agreement, Licensee’s use of Intuit Practice Management will also be subject to your acceptance of additional terms and conditions found here.
4.5 Service Providers. We may use third parties in the operation of our Services or to perform any of our obligations in this Agreement (each a "Service Provider"). In order for our Service Providers to be able to provide you with certain aspects of the Services, we may share a limited amount of your Content with such Service Provider. Our agreements with Service Providers outline the appropriate use and handling of this information and prohibit the Service Provider from using any of your information for purposes unrelated to the Services.
5. ACCOUNT FEATURES
5.1 Trial Version. If you registered for a trial use of the Services, you will have access to the Services for the specified period of the trial ("Trial Period"). You must decide to purchase a license to the Services within the Trial Period in order to retain access to any Content or data provided or created during the Trial Period. If you do not purchase a license to the Services by the end of the Trial Period, your Content and data may no longer be available to you.
5.2 Beta Features. From time to time, Intuit may, at its sole discretion, include new and/or updated beta features ("Beta Features") in the Services for your use and which permit you to provide feedback (fees may apply). You understand and agree that your use of the Beta Features is voluntary and Intuit is not obligated to provide you with any Beta Features. You understand that once you use the Beta Features, you may be unable to revert back to the earlier non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the earlier non-beta version. The Beta Features are provided on an "as is" basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.
5.3 Free Version. From time to time, Intuit may at its sole discretion, offer free version of the Services to students or educators. If you register for such version, you may not have access to certain features available with the Services, including functionality stated in this Agreement, such as Electronic Filing Services and Intuit Link.
6. PAYMENT. Prices are determined according to the quantity of returns selected at time of purchase. If you purchase additional returns later, they will be priced based on the new quantity selected available in-product. The price for your use of the Tax Online Service is established at the time you pay for returns. Your price will not change once you pay for your returns. All Intuit Tax Online tax returns purchased are Tax Year specific. Returns purchased but not used by December 31 of a Service Period, will not rollover to the next tax year.
6.1 Service Period. For Tax Year 2019 and later, the service period shall begin on the first day of the following calendar year and expire on the last day of the same calendar year (“Service Period”). For the avoidance of doubt, the Service Period for Tax Year 2019 is January 1, 2020 through December 31, 2020.
7. PERMITTED DISCLOSURES AND USE OF DATA. You acknowledge and agree that as the current system administrator for the your account, (i) you may grant password protected access to the Tax Online Services for authorized users, but assume all responsibility for granting such access in accordance with the Intuit recommended procedures for this feature, and (iii) agree to promptly report any known unauthorized access.
8. PROFESSIONAL RESPONSIBILITY. You understand and agree that all decisions regarding the tax treatment of items reflected on tax returns prepared by you using the Tax Online Services are made solely by you and that use of the Tax Online Services, does not relieve you of responsibility, including those to any third party, for the preparation, content accuracy, and review of such returns. You acknowledge that you are not relying upon Intuit for advice regarding the appropriate tax treatment of items reflected on returns processed using the Tax Online Services. You agree to review any computations made by the Tax Online Services and satisfy yourself that those computations are correct.
8.1 You accept full responsibility for: (i) selection of adequate and appropriate Tax Online Services to satisfy your business needs and achieve your intended results; (ii) use of the Tax Online Services; (iii) all results obtained from the Tax Online Services including client files and communications via the Tax Online mobile app; and (iv) selection, use of, and results obtained from programs, computer equipment or services used with the Tax Online Services. You also accept full responsibility for any and all liability arising from the preparation of tax returns processed using the Tax Online Services.
8.2 You agree that Intuit is not and shall not be responsible for retaining records of your clients' tax information, tax returns or other client data, and you hereby release Intuit from, and agree to indemnify Intuit for any liability or damages arising out of, or relating to, the loss of any such data. Intuit may retain certain client data for its own administrative purposes.
8.3 You accept full responsibility for obtaining any client and other third party consents or authorizations ( in compliance with IRC 7216 and any other applicable governmental law, regulation and licenses) in connection with your use of any services offered in connection with or accessible through the Tax Online Services (including the transmission to, or processing, storage or retransmission by, Intuit of client tax return information), and hereby represent that you have or will obtain such consents or authorizations. You agree that Intuit is not and shall not be responsible for retaining records of your clients’ tax information, tax returns or other client data, and hereby release Intuit from, and agree to indemnify Intuit for any liability or damages arising out of, or related to, the loss of any such data. Intuit may retain and use certain client data as may be required by law or otherwise for its own administrative and business purposes, which may include testing, improving, and developing Tax Online Services functionality, as well as statistical analysis of such data.
8.4 You are solely responsible and liable for the security of the Tax Online Services and controlling any access or use thereof including, but not limited to, the designation of systems administrators, account passwords and the designation of any bank account information where proceeds from bank products are deposited. You are responsible for protecting the information on your computer(s) such as by installing anti-virus software, updating your software, password protecting your files, and not permitting third party physical or electronic access to your computer(s).
8.5. Confidentiality. Information about your customers that you provide to Intuit will not be disclosed to third parties without your permission, except in the following instances: (i) to fulfill a request for services you've requested; (ii) to vendors who perform a specific function on behalf of Intuit and its affiliates and have agreed to keep such information confidential; or (iii) when required by law or to comply with a legal process. Such information is available to Intuit personnel on a need-to-know basis, who are trained on proper data handling.
9. INTUIT LINK. You have access to Intuit Link during the Service Period to collect information from your clients. Intuit Link provides the ability to request documents from your clients and have them stored online for easy sharing and access by you and your client so you can prepare individual client tax returns. Your client will be subject to the Intuit Link Terms of Service when you invite them to use Intuit Link.
10. TELEPHONE NUMBERS. You may provide us with your telephone number as part of your customer
record or registration or via other methods. You agree that Intuit may send automated text messages and
auto-dialed messages, including through the use of artificial voices and pre-recorded messages, to the telephone
number you provide or to any number provide to us on your behalf, for various purposes, including: verifying
your identity, providing you with important critical notices regarding your use of the Services, fulfilling a
request made by you through the Services, or letting you know about promotions or Intuit services we think may
be of interest to you. Your consent to receive automated calls and texts is completely voluntary, and you may
opt out any time. You acknowledge that if you do not opt out, we may contact you even if your number is listed
on a do-not-call list or if you cancel your account or terminate your relationship with us. You do not have to
agree to receive promotional calls or texts as a condition of purchasing any goods or services.
You understand and agree, for any text messages sent to you in connection with the Services, that: (a) message
frequency may vary, (b) message and data rates may apply, and Intuit is not responsible for these charges, (c)
you may reply HELP for help at any time or you can call us at: 1-800-200-7599, (d) you can reply STOP to opt out
at any time (though if you do, you agree to receive a single message confirming your opt-out). You will be opted
out and will no longer receive messages; and (e) neither Intuit nor mobile carriers involved in the text messaging
are liable for delayed or undelivered messages. To opt out of automated voice calls, you must provide us with written
notice revoking your consent by contacting us as described in our Privacy Statement, and including your full name,
mailing address, account number, and the specific phone number(s) you wish to opt out of such calls.
You also acknowledge and agree that your telephone calls to or from Intuit or its affiliates may be monitored
and recorded. You must notify us immediately of any breach of security or unauthorized use of your telephone.
Although we will not be liable for losses caused by any unauthorized use of your telephone, you may be liable
for our losses due to such unauthorized use. The information gathered in the SMS campaign will not be shared
with any affiliate or third party for marketing purposes.
11. APPLE REQUIREMENTS. If you downloaded a mobile app for the Services from the Apple iTunes App Store, the following terms also apply to you:
11. 1 Acknowledgement: You acknowledge that this Agreement is between you and Intuit only, and not with Apple, and Intuit, not Apple, is solely responsible for the Services and the content thereof.
11.2 Scope of License: The license granted to you for the Services is a limited, non-transferable license to use the Services on an iPhone OS Product that you own or control and as permitted by the Usage Rules set forth in the Apple iTunes App Store Terms of Service.
11.3 Maintenance and Support: Intuit and not Apple is solely responsible for providing any maintenance and support services with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
11.4 Warranty: Intuit is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Intuit’s sole responsibility.
11. 5 Product Claims: Intuit, not Apple, is responsible for addressing any user or third party claims relating to the Services or the user’s possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
11. 6 Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights, Intuit, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
11. 7 Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
11. 8 Developer Contact Info: Direct any questions, complaints or claims to: Intuit Inc, 2632 Marine Way, Mountain View, CA 94043.
11. 9 Third Party Terms of Agreement: You must comply with any applicable third party terms of agreement when using the Services, e.g., if you are using a VoIP application, then you must not be in violation of the applicable wireless data service agreement when using the Services.
11. 10 Third Party Beneficiary: You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.
12. ACCOUNT CANCELLATION. Upon cancellation or the termination of your account, you will not have access to the Tax Online Services, data and other Content you uploaded to the Tax Online Services. Please follow in-product instructions to cancel your account. We suggest that you retain your own copies of any data or Content that you may need, as Intuit is not responsible for providing you access to the Services or your data or Content after any cancellation or termination of this Agreement.
13. ORDER CANCELLATION / REFUND POLICY. If you purchase returns between the date of first availability of the next Tax Year, but before the current Service Period charge date (typically early January), you may cancel your order. If you don’t cancel your order by such date, your credit card will be charged. In the event, you purchase returns after the current Service Period charge date (typically early January), Intuit shall issue a refund on unused returns within thirty (30) calendar days from your purchase date. No other refund requests shall be honored.
14. UPDATES. Intuit may, if practical and appropriate, update the Tax Online Services from time to time to include revisions related to problem resolution in the Tax Online Services such as bug fixes and workarounds or for other issues that require revisions to the Tax Online Services ("Updates") and make such Updates available to you. However, any such revision of the Tax Online Services shall be at Intuit’s sole discretion and Intuit shall have no obligation, express or implied, to provide Updates. Intuit shall have the right, in its sole discretion, to withhold access to Updates if you are delinquent in the payment of any charges owed to Intuit including, without limitation, charges for electronic filing fees.
October 2021