Professional Terms & Conditions

Last Updated January 8, 2025

These Professional Terms and Conditions (these "Terms") are a legally binding between you ("you," "your," or "Pro") and TaxAct, Inc. ("we," "us," or "TaxAct"), with respect to your use of the TaxAct Professional Client Xchange Service (the "Service") to provide services to individual clients ("Clients"). Capitalized terms shall be defined as set forth within these Terms.

By registering for a Client Exchange account, you agree to these terms and conditions, along with TaxAct's Professional License Agreement, which is hereby incorporated by reference as if fully stated herein. These Terms, along with TaxAct's Professional License Agreement, are a complete statement of the agreement between TaxAct and you, and set forth the entire liability of TaxAct, its parent, subsidiaries, and affiliates and your exclusive remedy with respect to the Service. As it relates to the Service, in the event of any conflict between these Terms and the TaxAct Professional License Agreement, these Terms shall prevail.

Please note that the use of the Service by your Clients is governed by our Client Xchange Consumer Terms and Conditions. You may not use the Service, or accept these Terms, if (a) you are not of legal age or are not legally competent to form a binding contract with TaxAct; or (b) you are prohibited by law from providing services to Clients or otherwise using the Service. If you work for an organization you are accepting these Terms on behalf of that organization.

The effective date of these Terms (the "Effective Date") is the date on which you first accept these terms and conditions by accessing the Service. TaxAct may change these Terms, including increasing Fees and changing the general fee structure or imposing limits on your use of the Service, from time to time in its sole discretion by posting notice of the change on mytaxdocs.com (the "Site"). All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter. Your continued use of the Service following the posting of the revised Terms means that you accept and agree to the changes. You should review the Site from time to time so you are aware of any changes, as they are binding on you.

1. CREATING YOUR PRO ACCOUNT; USERS: Upon accessing the Service for the first time, you will be asked to create an account ("Pro Account") through the Service where you will create a unique username and password. We may require you to designate at least one user as an administrative user ("Administrator"). Administrators are responsible for payment of all Fees associated with your Pro Account. Administrators also have the ability to add and remove Pros, and Clients and the ability to determine which Pros can access which Client Accounts within the Pro Account. You are responsible for maintaining the confidentiality of your username(s) and password(s). You are solely responsible for all actions that are through the Service using your username(s). Additional rules regarding usernames and passwords may be found in TaxAct's Professional License Agreement.

2. CLIENT ACCOUNTS AND INVITATIONS: The Service is designed to assist Pros in working with individuals to share documents. Each individual has an account ("Client Account"). By adding an individual to your contact list in the Account Access section of your Profile, you are inviting that person to create a Client Account. The Administrator for your Pro Account is responsible for paying the fees. You agree to indemnify, defend and hold TaxAct harmless from any claims by your Clients.

3. FEES AND PAYMENT: The applicable fees ("Fees") for the Service are as posted on the Site. As described above, you are responsible for paying the fees associated with your Pro Account. Fees must be paid in advance in order to access the Service or your Pro Account.

4. TERM; TERMINATION: Your access to the Service begins on the Effective Date and continues through October 30, of the applicable tax year (the "Term"). TaxAct may at any time terminate your account or your access to one or more Client Accounts in its sole discretion if (a) you have breached any provision of these Terms (or have acted in a manner that, in TaxAct's reasonable judgment, shows that you do not intend to, or are unable to, comply with these Terms); (b) TaxAct is required to do so by law; (c) TaxAct determines that continuing the Service imposes excessive risk, cost, time or difficulty; or (d) TaxAct has elected to discontinue the Site or the Service (or any part thereof) for any reason. You may, at any time, remove any Client from your Pro Account by removing them from your contact list in the Account Access section of your Profile.

5. NO RESALE OR COMPETITIVE SERVICES: You shall not license, sell, rent, lease, time-share, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit your access to the Service in any way that would substitute for the direct use of the Service by other Pros and Clients. You shall not access the Service in order to build a competitive service. Except for use incidental to providing services to Clients, you shall not copy, reproduce, distribute, publish, display, post or transmit the contents of the Service in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or other means.

6. INTELLECTUAL PROPERTY: Subject to the terms and conditions of these Terms, you hereby grant to TaxAct a non-exclusive, non-sublicenseable, revocable, royalty-free license to use your name, logos and service marks or trademarks (the "Pro Marks") on the Site. Title to and ownership of the Pro Marks will remain with you. TaxAct retains (and will retain) all right, title and interest in and to the TaxAct marks and intellectual property, and all intellectual property rights related thereto ("TaxAct Property"). You retain all right, title and interest in and to the Pro Marks and all intellectual property rights related thereto. TaxAct does not claim ownership rights in any content uploaded by you. For the sole purpose of enabling TaxAct to display such content on the Site or the Service, you grant TaxAct a non-exclusive, royalty-free license to use, copy, distribute and display such content. All rights not expressly granted hereunder are reserved.

7. PRO RESPONSIBILITES: You are responsible for your conduct when using the Service. You agree to (a) conduct your business and provide services to Clients in a professional manner that is consistent with industry standards; (b) not harass, flame or interfere with any end user's use and enjoyment of the Service; (c) not engage in deceptive, false, misleading, abusive or unethical practices; (d) not represent that you are providing services on behalf of, or affiliated with, or endorsed by, TaxAct; and (e) conduct your business in full compliance with all applicable laws and regulations. You agree not to access or use the Service to transmit (w) any material protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorization; (x) any computer viruses, worms, or any software intended to damage or alter a computer system or data; (y) any material that is unlawful, harassing, tortious, threatening, harmful, abusive, invasive of another's privacy, vulgar, defamatory, trade libelous, pornographic, obscene, or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (z) any material that violates any law or regulation, including without limitation the laws and regulations governing export control.

8. MESSAGES AND ALERTS: You understand and agree that any messages or alerts provided to you through the Service may be delayed or prevented by a variety of factors. TaxAct does its best to provide messages or alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any message or alert. You also agree that TaxAct shall not be liable for any delays, failure to deliver, or misdirected delivery of any message or alert; for any errors in the content of a message or alert; or for any actions taken or not taken by you, a Client or any third party in reliance on a message or alert.

9. PRIVACY NOTICE: Please refer to TaxAct's Privacy Notice, which applies to your use of the Service. You agree that all information you provide through your use of the Service is governed by our Privacy Notice, and, by using the Service, you agree to our Privacy Notice and you consent to all actions we take with respect to your information consistent with our Privacy Notice. Please review our Privacy Notice carefully before using the Service.

10. WARRANTY DISCLAIMER: THE SERVICE IS INTENDED FOR USE WITH INDIVIDUAL CLIENTS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE SITE AND THE SERVICE ARE PROVIDED "AS IS," AND TAXACT MAKES NO (AND HEREBY DISCLAIMS ALL) WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE QUALITY, TIMELINESS, AVAILABILITY OR JUDGEMENT OF ANY SERVICE. TAXACT DOES NOT WARRANT THAT USE OF THE SERVICE WILL BE UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE ARE FREE OF VIRUSES.

11. LIMITATION OF LIABILITY: TAXACT WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING TAXES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, LOST INCOME OR OTHER ECONOMIC OR INVESTING LOSSES), EVEN IF TAXACT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TAXACT'S AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT SHALL NOT EXCEED AN AMOUNT EQUAL TO THE FEES PAID BY YOU TO TAXACT UNDER these terms DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE LIABILITY IN QUESTION FIRST AROSE.

12. NOTICE: For purposes of these Terms, any notices may be sent via physical mail to TaxAct, Inc., Attn: Legal Department, 3200 Olympus Blvd, Suite 150, Dallas, TX 75019 with a copy to legalnotices@taxact.com, or via email to professional@taxactservice.com. Notices to you may be sent to the mailing and email address provided during registration, which may be updated by you from time to time.

13. GOVERNING LAW: This Agreement will be governed by the laws of the State of Texas without reference to its choice of law rules.

14. JURISDICTION AND VENUE: You agree that any disputes arising from or relating to t your use of the Service that is not subject to arbitration under TaxAct's Professional License Agreement shall be filed in the state or federal courts in Dallas County, Texas, and that jurisdiction shall be exclusively in Dallas County, Texas and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

THE PARTIES FURTHER AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM COUNTERCLAIM OR ACTION ARISING FROM THIS AGREEMENT

Consumer Terms & Conditions

Last Updated January 8, 2024

These Consumer Terms and Conditions (these "Terms") is a legally binding agreement between you ("you, " "your," or "Client") and TaxAct, Inc. ("we," "us," "TaxAct"), with respect to your use of the TaxAct Professional Client Xchange Service ("Service"). Capitalized terms shall be defined as set forth within these Terms.

By registering for a Client Exchange individual account ("Client Account") for the Service or accessing the Service, you agree to these terms and conditions and TaxAct's Terms of Service, which is hereby incorporated by reference as if fully stated herein. As a result, this Service is subject to the arbitration provision found in said terms. These Terms, along with TaxAct's Terms of Service, are a complete statement of the agreement between TaxAct and you, and set forth the entire liability of TaxAct, its parent, subsidiaries, and affiliates and your exclusive remedy with respect to the Service. As it relates to the Service, in the event of any conflict between these Terms and the TaxAct Terms of Service, these Terms shall prevail.

You may not use the Service, or accept these Terms, if (a) you are not of legal age or are not legally competent to form a binding contract with TaxAct; or (b) you are prohibited by law from receiving or using the Service.

The effective date of these Terms (the "Effective Date") is the date on which you first accept these Terms by accessing the Service. TaxAct may change these Terms from time to time, including imposing limits on your access to the Service, at its sole discretion by posting notice of the change on mytaxdocs.com (the "Site"). If you do not agree to any change you may stop using the Service. Otherwise, your continued use of the Service constitutes your acceptance of the changes.

1. WORKING WITH FINANCIAL PROFESSIONALS: The Service is designed to allow you to work with your tax professional ("Pro") by adding, deleting, and editing documents through the Site. By accessing the Service you allow such Pro to access your Client Account. You consent to the sharing by TaxAct of the ability to access and read any information in your Client Account. You agree and acknowledge that TaxAct is not responsible for the acts or omissions of any Pro. If you no longer wish to share information with your Pro, you must delete the information on the Site. Any Pro who accesses the Service is bound by our Client Xchange Professional Terms and Conditions. TaxAct may terminate access to the Service for any Pro who fails to abide by the Client Xchange Professional Terms and Conditions.

2. YOUR RESPONSIBILITIES: You agree not to access or use the Service to transmit (a) any material protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorization; (b) any computer viruses, worms, or any software intended to damage or alter a computer system or data; (c) any material that is unlawful, harassing, tortious, threatening, harmful, abusive, invasive of another's privacy, vulgar, defamatory, trade libelous, pornographic, obscene, or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (d) any material that violates any law or regulation, including without limitation the laws and regulations governing export control.

3. ALERTS: You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. TaxAct does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that TaxAct shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

4. TERM; TERMINATION: Your access to the Service begins on the Effective Date and continues for as long as your Pro allows you to access the Service (the "Term"). Generally, your access to the Service will end on the extension filing deadline for the given tax year. TaxAct may at any time terminate your Client Account or your access to the Service in its sole discretion if (a) you have breached any provision of these Terms (or have acted in a manner that, in TaxAct's reasonable judgment, shows that you do not intend to, or are unable to, comply with these Terms); (b) TaxAct is required to do so by law; (c) TaxAct determines that continuing the Service imposes excessive risk, cost, time or difficulty; (d) TaxAct has elected to discontinue the Service (or any part thereof) for any reason. TaxAct reserves the right to terminate access to your Client Account by any Pro at any time in its sole discretion if (x) such person has breached any provision of our applicable Terms (or has acted in a manner that, in TaxAct's reasonable judgment, shows that Pro does not intend to, or is unable to, comply with our terms and conditions); (y) TaxAct determines that continued access by such party imposes excessive risk, cost, time or difficulty; or (z) TaxAct is required to do so by law.

5. WARRANTY DISCLAIMER. THE SERVICE IS INTENDED FOR CONSUMER USE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE SERVICES ARE PROVIDED "AS IS," AND TAXACT MAKES NO (AND HEREBY DISCLAIMS ALL) WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE QUALITY, TIMELINESS, AVAILABILITY OR JUDGEMENT OF ANY SERVICE. TAXACT DOES NOT WARRANT THAT USE OF THE SERVICE WILL BE UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE ARE FREE OF VIRUSES.

6. LIMITATION OF LIABILITY: TAXACT WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING TAXES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, LOST INCOME OR OTHER ECONOMIC OR INVESTING LOSSES), EVEN IF TAXACT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TAXACT'S AGGREGATE LIABILITY ARISING WITH RESPECT TO THESE TERMS SHALL NOT EXCEED THE FEES PAID BY YOU TO TAXACT FOR THE SERVICE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE LIABILITY IN QUESTION FIRST AROSE.

7. NOTICE: For purposes of these Terms, any notices may be sent via physical mail to TaxAct, Attn: General Counsel, 3200 Olympus Blvd, Suite 150, Dallas, TX 75019 with a copy to legalnotices@taxact.com, or via email to professional@taxactservice.com. Please identify the Pro through whom you have access to the Service in your notice.

8. APPLICABILe law: Any and all disputes, claims and causes of action arising out of or related to the Service shall be resolved under Texas law (without reference to its conflicts of laws principles). ANY DISPUTE BETWEEN THE PARTIES THAT IS NOT SUBJECT TO ARBITRATION UNDER TAX ACT'S TERMS OF SERVICE OR CANNOT BE HEARD IN SMALL CLAIMS COURT WILL BE RESOLVED IN THE STATE OR FEDERAL COURTS OF TEXAS AND THE UNITED STATES, RESPECTIVELY, SITTING IN DALLAS COUNTY, TEXAS. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL PROCEEEDING ARISING OUT OF OR RELATED TO THESE SUPPLEMENTAL TERMS.