Creating Innovative Professional Tax Software of the Future
...with Pricing from the Past
MyTAXPrepOffice Terms and Conditions of Use
Thank you for selecting MyTAXPrepOffice, an IRS-approved, professional tax preparation software that is made available via the internet on MyTAXPrepOffice.com. MyTAXPrepOffice (“Software”) is provided by Advanced Tax Solutions LLC (“Company” or “we”), a U.S.-based Tax Software Company and an IRS-approved Software Vendor. These Terms and Conditions of Use (“Agreement”), are meant to define the responsibilities of both the Company and those who register for the Software (“Licensee”, “you”, or “your”).
The needs of our customers are our top priority, and we take great care to provide you with the best possible experience. Many of the benefits of using our Software are explained in this Agreement, but this Agreement is not intended to address every possible matter. One such benefit explained herein is the No Obligation Free Trial. The No Obligation Free Trial gives you the opportunity to test the Software extensively, without any cost to you. This Agreement discusses the Lifetime Price Guarantee as well. It also contains an outline of the high level of support and refund possibilities offered to ensure your satisfaction. Since the confidentiality and privacy of your Data make up the fabric of our Company, this Agreement addresses our dedication to your security in these matters.
Please read this Agreement carefully, as it is a binding agreement effective upon electronic acceptance (by clicking “I Agree”). Since we are a progressive company, the Software and services will be modified over time. Therefore, with notice to you, the Company may update this Agreement at any time. The most recent agreement is the applicable agreement, and therefore the Licensee and any person who uses the Software must read and agree to the most recent agreement.
By accepting these Terms and Conditions of Use, you are considered to have read, understood, and agreed to this Agreement on behalf of yourself and the entity on whose behalf you are registering. You acknowledge that you have the authority to represent and act on behalf of the entity under which the Software is registered.
1.1 CLIENT/CLIENTS - Any person or entity that uses your services
1.2 DATA - Any information entered by the Licensee, Users, or Clients into the Software
1.3 INTEGRATED FINANCIAL PARTNER - A financial product provider who follows all governmental and agency laws, who verifies that tax professionals follow all governmental and agency laws, who is integrated with the Software, and who has an agreement with the Company confirming that the preceding requirements are in place
1.4 INTELLECTUAL PROPERTY - Any creation of the mind that is patented, trademarked, copyrighted, or protected by any other right of ownership, whether or not registered
1.5 LICENSE - The right to use the Software
1.6 SOFTWARE PLAN - One of the Individual Pro, Essential, or Unlimited Software plans
1.7 USER/USERS - Any person who uses the Software in behalf of the legal entity under which the License is registered
2. No Obligation Free Trial
By taking advantage of the No Obligation Free Trial, you are given the opportunity to access and evaluate the Software without any obligation to continue your trial, leave credit card information, or pay anything. Testing the Software allows you to experience the benefits of the Software. A very small number of features that are only needed for actual production during tax season are excluded, such as electronic filing of returns and printing without a watermark. Payment is required in order to use features that are needed for actual production of returns. All free trial limitations are displayed when you enter the trial. When you take advantage of the free trial, you agree to the terms of this Agreement, excluding any terms regarding payment. Should you wish to discontinue your free trial, any Data entered into the Software can be deleted upon request. If you do not continue to use your free trial account, the Data you entered in the free trial version of the Software will be deleted six (6) months after you the last time you logged in to the free trial account. If you do not continue to use an anonymous free trial account, the Data you entered in the anonymous free trial version of the Software will be deleted thirty (30) days after you the last time you logged in to the account.
3. Lifetime Price Guarantee
Out of appreciation for your business with us, we provide the Lifetime Price Guarantee for our customers. This guarantee preserves your original License purchase price forever (with the standard exclusion of bundled items). For every tax season that you remain a loyal customer, your License renewal price will remain the same. You must renew by April 30th each year to continue receiving the locked in package price. The Lifetime Price Guarantee comes with a certificate signed by the president of the Company to assure you of our dedication to this guarantee.
4. Payment and Pricing
4.1 GENERAL - Out of a high regard for our customers, all Company prices are calculated for customer savings. All invoices will be sent to the billing contact provided.
4.2 SOFTWARE PLANS - Initial payments for your Software Plan are due upon purchase. When you purchase a Software Plan, you are purchasing a subscription to use the Software, and this subscription will be automatically renewed each year. Yearly in the beginning of April, a Software Plan renewal invoice (which will reflect your Lifetime Price Guarantee) will be sent to the email address you provided, if:
You purchased a Software Plan before December 31st and did not cancel it before December 31st; or
You purchased a Software Plan on or after December 31st and did not cancel it before the end of March.
You can also renew your subscription by clicking the “Renew Now” button in the Software. Payment for Software Plan renewals will be due upon receipt of invoice. If the renewal is not paid by April 30th of the same year, your Lifetime Price Guarantee will be forfeited. See Section 12.2 to learn how to cancel your subscription and discontinue receiving renewal invoices.
5. Intellectual Property
5.1 GENERAL – The Software, all original content, features, functionality, and any documentation relating to the Software are owned by the Company. They remain the property of the Company or its licensors and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
5.2 OWNERSHIP OF DATA – The data entered into the Software remains your property. However, your access to the data requires full payment of fees when due. You allow the Company to use your information and data for any purpose related to provision of services, including providing you access and usage of the Software.
5.3 BACKUP OF DATA – Since the Software was first provided, it continues to have a record of 100% uptime. It is secured according to the latest technology and has multiple data redundancies. However, when utilizing any technological system, there exists a theoretical possibility of system failure. Therefore, it is your responsibility to back up all data entered into the Software. While this possibility is purely theoretical, it must be considered for legal purposes. See Clause 12 regarding any loss of data.
5.4 THIRD-PARTY SERVICE PROVIDERS AND YOUR DATA - Along with the use of the Software, you may opt to use the services of third parties, such as financial product services and access to expert tax literature. The Company will never sell any data entered into the Software. It does reserve the right to provide third-party service providers the necessary Data in order to render the extra services. We shall not be responsible for any data leak, change, or loss resulting from any access by third-party service providers. The data provided will be limited to what is necessary to make use of the third-party services, and will never be sold.
6. Responsibilities of The Licensee
6.1 USAGE – The Software must only be used for your own lawful, internal business purposes, in accordance with any terms agreed to. You have the sole obligation to authorize anyone who uses the Software. If others will be using the Software, all persons involved (i.e. Users and Clients) must comply with any part of this Agreement that applies to you. The license to access the Software is limited to the one (1) legal entity in whose name the license is entered and one (1) physical location. A legal entity cannot use a license that has been purchased by another legal entity. Should the Licensee choose to allow Users access to the Software, the User and the role of said User is determined by the Licensee. The Licensee is responsible for the actions of the User in regards to the Software. Additionally, the Licensee shall decide and resolve any dispute between a User and the Licensee.
6.2 PAYMENT - Out of a high regard for our customers, the prices for the Software and services are calculated for customer savings. Initial payments for the License and access fee are due when you purchase the License. A renewal invoice (which will reflect your Lifetime Price Guarantee) will be issued each year at the end of March. If you choose to purchase a White Label license, a White Label fee will also be invoiced annually around the end of March. The invoices for the White Label and/or the renewal will continue to be issued unless this Agreement is terminated in accordance with Clause 13. Payment will be due upon receipt of invoice. Not all packages include transaction fees, but for those packages which do include them, the transaction fees must be paid up-front in the form of non-refundable credits before any return can be electronically filed or printed without a watermark. Payments for individual services are due upon purchase. All invoices will be sent to the billing contact provided.
6.3 RETURNS WITH FINANCIAL PRODUCTS - For all returns processed with the Software that include a financial product, the Licensee agrees to use Integrated Banking Partners. Failure to use an Integrated Banking Partner for returns including a financial product is considered a breach of this Agreement. Additionally, the Licensee will pay the Company damages amounting to $30 for each financial product that the Licensee processed without using an Integrated Banking Partner. The Licensee will pay these damages for a minimum of 20 financial products.
6.4 DISCOUNTS - In order to add to your savings, the Company gives many opportunities for discounts. These discounts may be offered based on the fulfillment of certain requirements. In the case that these requirements are not met, the Company reserves the right to remove the discount.
7. Access Conditions
7.1 Usernames and passwords are required in order to access the Software safely. The Licensee and any Users are responsible for managing their usernames and passwords. Should a concern arise that a security breach or threat of a breach has taken place, the Licensee or a User must notify the Company right away. In such a situation, the password will be reset and the Company may propose that you take further actions to maintain the security of and your access to the Software.
7.2 Regarding access to the Software, the Licensee and any User may not:
a. Use the Software in any way that may damage the functionality of the Software or anyone’s ability to use the Software or other systems used in connection with the Software;
b. Spread any damaging files, offensive content, or unlawful data;
c. Attempt to gain access to anything other than what you have been given clear permission to access;
d. Attempt to destabilize the security of the computing systems or networks of the Company or any third party's computing systems and networks; and/or
e. Attempt to change the Software or any programs used in connection with the Software outside of normal operation.
8. Communication Conditions
8.1 In order to provide the optimal Software experience, multiple communication channels have been incorporated into the Software. Any communication carried out via the Software (e.g. forums or chats) must only be used for lawful correspondence in relation to the usage of the Software. No Licensee or User may use the Software for illegal material, offensive content, harmful software or files, illegal collection of data, false representations of self, breaches of privacy, obscene or abusive language, or content in violation of proprietary rights or any intellectual property rights. No form of communication may be used to incite conflicts. Communication with support representatives must also respect these guidelines, whether via the Software or other methods of communication. Any communication may be removed at the discretion of the Company. The Company reserves the right to discontinue service without a refund to anyone who disregards the terms outlined in Section 8.1.
8.2 Anyone who communicates via the Software is representing themselves as being authorized to carry out the communication. The Company is therefore not responsible for confirming the validity of communication via the Software.
The Licensee and Users acknowledge that:
a. You have a valid EFIN (Electronic Filing Identification Number);
b. You are responsible for giving authorization to anyone who has access to the Data;
c. You and all Users are authorized to use the Software, to access any Data entered into the Software, and to access any processed Data that results from the utilization of the Software;
d. If you and/or any User uses the Software on behalf of any other person, you agree that it is your responsibility to confirm that you and/or the User have the authorization to use the Software on the other person’s behalf;
e. Without your authorization, the Company is not required to give anyone access to the Data and, as a result, we may turn requests for Data over to you to manage;
f. The Company is not responsible if any claims result from providing Data to those whom you have given authorization;
g. Even though the Company works with government agencies to ensure it has the latest, state of the art security, all computer systems are at risk of a security breach and thus, for legal purposes, the Company does not guarantee that the Software is secure, free from bugs, viruses, interruption, errors, theft, or destruction;
h. We are not responsible for any errors or interruption of usage due to interference from systems that are used for running and accessing the Software, (such as the Internet), nor is the Company responsible for any errors on behalf of a third party, including, but not limited to, errors committed by Integrated Financial Partners;
i. In order to use the services of a third party, you must agree to their Terms and Conditions and/or any separate agreement that may regulate your use of these third-party services;
j. The Company does not warrant anything in regards to third-party programs, nor is it bound by any agreements formed between the Licensee and a third party;
k. Although the Company may provide assistance through support, we are not to be used as legal aid or as a tax accountant, and therefore, you are responsible for any Data entered and all results on any tax form or return;
l. It is your responsibility to ensure that you continue to follow all laws that apply to you and your business, including laws regarding your Data that is stored on the Software and its access and any laws that may require you to hold records;
m. The Company and any third-party in business with the Company deny any representations or guarantees that your use of the services will fulfill any legal obligations, laws, or regulations;
n. While Users and others might feel highly benefitted by this Agreement, no person or third party has any benefit in regards to this Agreement, or any right to enforce this Agreement, besides the Licensee;
o. Only you are responsible for deciding that the Software is appropriate for its purposes in your company and whether it fits the needs of your business;
p. Since you register under a legal entity when purchasing the Software and services, you use the Software and services as a business and for business purposes, and therefore, any legal consumer guarantees or legislation do not apply to the Software, services, or to this Agreement, to the maximum extent permitted by law.
q. The Software, services, and content are provided, made accessible to you, and used by you "as is" (except as described in this Agreement) and at your own risk;
r. To the maximum extent permitted by applicable law, the Company and any third- party in business with the Company disclaim all warranties, express or implied, including any warranty that the Software and services are fit for a particular purpose, title, merchantability, non-interference with or non-infringement of any intellectual property rights, or the accuracy, reliability, quality, or content in or linked to the services;
You agree to indemnify and hold the Company and any third-party in business with the Company harmless against any and all claims, expenses, damage, liability, and loss relating to this Agreement, your breach of any part of this Agreement, or any responsibilities you may have to the Company.
You also agree to indemnify the Company against any attorneys’ fees that may result from using the Software or breaching this Agreement. You agree to reasonably cooperate to defend the Company in the defense of any claims and understand that the Company has the right to assume exclusive defense and control of any claims.
11. Limitation of Liability
The Company strives to ensure that all those who use the Software are satisfied with their experience. If the Software does not meet your needs, however, and you would like to discontinue your Software use, the only solution is to terminate this Agreement in accordance with Section 12, no matter the reason or timing. To the maximum extent permitted by applicable law, the Company excludes all liability and responsibility to the Licensee (or anyone else) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits, and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Software.
12.1 NO-FAULT TERMINATION - This Agreement continues unless it is replaced with notice to you or if either party terminates this Agreement. The terminating party must give notice to the other party in order to terminate this Agreement.
12.2 SUBSCRIPTION CANCELLATION - If you choose to terminate this Agreement and cancel your use of the Software, you must inform the Company of your desire to cancel. If you purchased a Software Plan before December 31st and did not give notice of your desire to cancel your subscription before December 31st, you will be responsible for Software Plan renewal costs. If you purchased a Software Plan on or after December 31st and did not give notice of your desire to cancel your subscription before the end of March, you will be responsible for Software Plan renewal costs. Regardless of when you purchase or cancel, you will continue to be responsible for any outstanding charges and amounts that become due for payment before or after termination. If any collection fees are incurred, you agree to provide payment. If you terminate this Agreement and cancel your subscription, you understand that you forfeit your Lifetime Price Guarantee.
12.3 BREACH - In regards to the Licensee and/or any or all Users, the Company may terminate this Agreement, revoke your Lifetime Price Guarantee, terminate or suspend your use of the Software, and/or terminate or suspend access to all or any Data for any definite or indefinite period of time, if you or a User authorized by you:
a. breach any provision of this Agreement (including, but not limited to, by non-payment of any fee within 7 days of receiving the invoice) and do not correct the breach within 10 days after being notified about the breach (if the breach is capable of being corrected);
b. breach any provision of this Agreement and the breach is not capable of being corrected; and/or
c. you or your business become insolvent, or your business goes into liquidation or has a receiver or manager appointed to any of its assets, or you undergo any comparable insolvency event in any jurisdiction.
12.4 REMAINING SECTIONS AFTER TERMINATION - Sections 4, 5, 6.2, 8.1, 9, 10, 11, 12, 13, 15, and 16 continue after the expiry or termination of this Agreement.
13. Governing Law and Jurisdiction; U.S. Dispute Resolution
13.1 GOVERNING LAW AND JURISDICTION - At the time that you accept this Agreement, if you are a business operating in the United States of America, resident of the United States of America, or Data you are accessing on the Software is that of a person who is a resident or non-resident of the United States of America and is subject to U.S Taxation, then the laws of the State of Wyoming govern this Agreement. The Company and you agree that the U.S. Dispute Resolution Process described below applies for all disputes arising out of or in connection with this Agreement or in any way relate to the application of this Agreement.
13.2 U.S. DISPUTE RESOLUTION PROCESS
a. Most concerns can be resolved quickly and to your satisfaction by emailing our support team at support@MyTAXPrepOffice.com. In the unlikely event that our support team is unable to resolve a complaint to your satisfaction after attempting to do so informally, or if we have not been able to resolve a dispute after attempting to do so informally, the only option is to seek settlement of that dispute through mediation. The two parties agree that mediation proceedings are confidential and non-binding. The two parties will agree on the mediator that is chosen and this mediator will decide who will be responsible for the mediation costs.
b. If the dispute is not settled through mediation within thirty (30) days of the commencement of the mediation proceedings (or such further period as the parties shall agree in writing), the only option is to refer the dispute to and finally resolve the dispute through binding arbitration, instead of in courts. Any arbitration under this agreement will take place on an individual basis; you agree with the Company that class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed the limits within the State of Wyoming Arbitration Limits, the Company will pay American Arbitration Association (AAA) filing, administrative, and arbitrator costs totaling less than $3,000. Moreover, for any non-frivolous claim disputed through arbitration, you are entitled to recover attorneys' fees from the Company totaling less than $3,000.
c. The Federal Arbitration Act governs the interpretation and enforcement of this provision. To all other matters, the arbitrator shall apply Wyoming laws. 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, you agree to arbitration for dispute resolution, and you therefore agree that you and the Company are each waiving the right to file a lawsuit and the right to a trial by jury. In addition, you agree with the Company to waive the right to participate in a class action or litigate on a class-wide basis. You agree with the Company that you have expressly and knowingly waived these rights.
d. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules. You agree that the two parties will agree on the arbitrator that is chosen. Payment of all filing, administration, and arbitrator fees and costs will be governed by the AAA's rules, except as expressly stated otherwise in this Agreement. If the filing, administration, and arbitrator fees and costs total less than $3,000, the Company will reimburse those fees and costs for claims, unless the arbitrator determines the claims are frivolous. Likewise, the Company will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines the claims or defenses are frivolous. You agree that you or the Company may choose to have the arbitration conducted by telephone or based on written submissions. You agree with the Company that in-person arbitration will be conducted at a mutually agreeable location. You agree not to conduct arbitration via any payment providers or other third parties. If you go outside the aforementioned process for arbitration (including, but not limited to, by using a payment provider for arbitration), all costs incurred are your responsibility. You agree that the decision of the arbitrator shall be final and not subject to an appeal, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. You agree that the U.S. Dispute Resolution Process shall survive expiration, termination, or rescission of this Agreement.
e. If you wish to resolve a dispute through mediation, send a letter requesting mediation and describing your claim to: Advanced Tax Solutions LLC, Attention: Legal Department, 1603 Capitol Avenue Suite 310 A254, Cheyenne, WY 82001.
14.1 TECHNICAL ISSUES – The Software has been designed and created to continually perform at optimal levels. In the rare case that a technical problem occurs and you cannot resolve it, please utilize the Live Chat support option provided within the Software for help with the technical problem. For support inquiries that are not time-sensitive, send a support request within the Software, or if necessary, send a support request email to support@MyTAXPrepoffice.com.
14.2 SUPPORT TIMES - Technical Support Services will be provided according to the times listed on MyTAXPrepOffice.com.
14.3 SOFTWARE AVAILABILITY - The Company has a Software availability record of 100% uptime and makes every effort to provide the Software 24 hours a day, 7 days a week. However, the Software may theoretically be unavailable due to maintenance or other activities for development. Planned maintenance windows will be announced well in advance. Maintenance typically does not occur during tax season.
15. Confidentiality And Privacy
15.1 CONFIDENTIALITY - We are well aware of the importance of strict confidentiality and privacy in the tax industry. For this reason, the core of the Company is founded on confidentiality and privacy. Therefore, the Software was built with the highest level of security in mind. Unless the relevant party has the prior written consent of the other, or unless law requires otherwise, the confidentiality of all confidential information will be upheld by each party in connection with this Agreement. Neither party will use for its own benefit any confidential information, nor will it disclose any confidential information to any person or entity, other than as intended by this Agreement. Confidential information is defined as any written, electronic, or oral information exchanged between the parties to this Agreement that does not fit the following:
a. Information that is or becomes public knowledge other than by a breach of this Agreement;
b. Information that is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
c. Information that is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
d. Information that is independently developed without access to confidential information.
15.2 INFORMATION - With first-class security, the Company collects and uses the following information to provide, improve, and protect our services:
a. Account - Information such as your name, email address, phone number, payment info, and physical address.
b. Returns - When the Software is used, the Company collects, processes, stores, and transmits information necessary for the completion of U.S. Federal and/or state tax returns, including sensitive personal identity and account information. The Software includes the ability to file a prepared return electronically (“e-file”), which requires the collection of taxpayer and preparer signature information in various forms.
c. Usage – Information is collected from and about the devices you use to access the Software. This includes information such as IP addresses, the type of browser and device you use, the web page you visited before coming to the Software, and identifiers associated with your devices. Your devices (depending on their settings) may also transmit location information to the Software.
d. Cookies and other technologies – The Company uses technologies such as cookies and analytic tools to provide, improve, protect, and promote the Software. You can set your browser not to accept cookies, but this may limit your ability to use the Software.
15.3 PRIVACY - Because of our high concern for your security, we will never sell your information. We also will not disclose it, except as outlined in this Agreement (such as for your use of third-party services), or for these necessary purposes:
a. Internal Revenue Service and State Revenue Departments (“government agencies”) - Your Clients’ information will only be shared with government agencies after the Software has been directed to e-file your Clients’ return(s).
b. Financial Product Providers - We will share account and personal information with a financial partner only for the purpose of enrolling and transmitting financial product Data.
c. Law & Order - We may disclose your information to third parties if we determine that such disclosure is reasonably necessary to comply with the law, prevent fraud or abuse of the Software or its users, or protect property rights of the Company.
d. Legal Compliance - At times, government agencies may make requests for information on our Licensees, Users, and/or their Clients. The Company will fight against any blanket request for such information. We will comply with valid legal requests limited to a single Licensee, User, or Client, only if the request is accompanied by a signed subpoena.
16.1 ENTIRE AGREEMENT – This Agreement, any addendums, and any updates of this Agreement and/or addendums establish the entire agreement between you and the Company regarding the Software and all other matters within this Agreement. This Agreement supersedes and voids (whether oral or written) all prior agreements, representations, and understandings.
16.2 WAIVER - If either party waives any breach of this Agreement, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
16.3 DELAYS – Excluding payment obligations, neither party will be liable for any delay or failure in performance of its obligations under this Agreement, if the delay or failure is due to any cause outside reasonable control.
16.4 NO ASSIGNMENT - You may not assign or transfer any rights to any other legal entity without prior written consent from the Company.
16.5 SEVERABILITY - If any part of this Agreement conflicts with the law, that part will be replaced with a provision which, as far as possible, accomplishes the original purpose of the provision. The rest of this Agreement would continue to be binding on the parties. The replacement provision will also be binding on the parties.
16.6 NOTICES - Any notice given under this Agreement by either party to the other must be in writing and will be deemed to have been given upon arrival. It is your responsibility to keep the Company up-to-date with your addresses. The Company is not responsible for any consequences that may result from a failure to notify the Company of address changes. Notices to the Company must be mailed, by the Licensee, to: Advanced Tax Solutions LLC, Attention: Customer Service, 1603 Capitol Avenue Suite 310 A254, Cheyenne, WY 82001. Notices to you will be sent to the address or email address that you provided when registering for the Software. For business communication efforts, you agree to set your email account’s spam filter to always allow the e-mail addresses associated with the Company employees and the Software.