END USER LICENSE AGREEMENT
TURBOTAX DESKTOP SOFTWARE – TAX YEAR 2023
SECTION A – GENERAL TERMS
Introduction and Overview
Thank you for choosing Intuit. We provide a platform (the “Platform”) that encompasses a variety of (1) online services, including TurboTax Online, Credit Karma and QuickBooks Online (each, a “Service”); and (2) installable software (including our TurboTax and QuickBooks desktop and mobile applications), any accompanying documentation, and any updates to such software or documentation (collectively, “Software”).
Intuit Consumer Group LLC, along with any parent, subsidiary, affiliate, or related companies (including those listed here and at https://www.intuit.com/legal/intuit-group-companies/ ) are referred to in these provisions as “Intuit Group Companies” or simply “Intuit” or “us.”
When you use the Platform, you enter into a binding contract with us. Each section of the agreement begins with an italicized annotation that is intended to help you navigate the agreement. The annotations do not completely summarize the agreement, though, and you should read each section carefully and in full. We've also bolded a few areas that talk about important legal rights, and you should be sure to read those sections carefully. These provisions in Section A apply to the Platform generally and are separate from the provisions in Section B which include additional provisions for your use of specific Intuit Software or Services.
If you are an individual acting on your company's or client's behalf, you accept these provisions on their behalf, represent and warrant that you are authorized to act on their behalf, and the term “you” will refer to you, your company, or your client.
Agreement to These Terms
You need to agree to these terms to use our Platform. By using the Platform, you are instructing us to share your data across our Platform for marketing, eligibility, and other purposes described in our Global Privacy Statement , consistent with applicable law. This data may include credit information and other information we obtain from third parties.
To access and/or use the Platform, you acknowledge and agree:
To the terms and conditions of this agreement (“Agreement”), which includes:
Intuit's Global Privacy Statement;
The current version of the terms set out in Section A and Section B; and
Any additional provisions and conditions provided separately to you for your use of the Platform, which may include terms and conditions from third parties (which we refer to as “Additional Terms”).
You are at least 18 years of age;
You are capable of forming a binding contract with Intuit;
You are not based in Cuba, Iran, North Korea, Syria, the Crimea, Donetsk (“DNR”), and Luhansk (“LNR”) regions of the Ukraine or any other territory that is subject to a government embargo or comprehensive sanctions (Russia), or are not otherwise prohibited from using the Platform under the laws and regulations of the United States, or any other applicable jurisdiction;
You are not included in lists maintained by the United States or other applicable jurisdictions prohibiting transactions with and the export of US products to certain entities, people, and jurisdictions.
You understand that by using certain Services, you are providing written instructions in accordance with the Fair Credit Reporting Act and other applicable law to permit Intuit Inc. and its affiliated companies to obtain and periodically refresh your credit information and other information about you from third parties for marketing, eligibility, and other purposes described in Intuit's Global Privacy Statement . You understand that your instructions authorize Intuit and its affiliated companies to obtain such information now and periodically in the future for as long as you have a registered Intuit account. We will stop refreshing your credit information when you cancel your account through your account settings.
Your Personal Information
We want to be transparent about how we use personal information and about your rights in our Global Privacy Statement. You should only provide us with personal information of others if you have received permission to do so.
You agree that Intuit may use and maintain your personal information according to Intuit's Global Privacy Statement and any changes published by Intuit.
To the extent we allow you to input personal information (as the term is defined under applicable law) about other individuals other than yourself, you represent and warrant that you have complied with all applicable laws and received the proper authority or consent to allow us to collect and process such information to operate our business, in accordance with our Global Privacy Statement . You further agree that, other than with respect to information furnished to TurboTax in connection with the preparation of an individual tax return, any sharing of personal information among Intuit Group Companies is contemplated as part of the Platform. You agree such sharing does not constitute a “sale” of information as defined under the California Consumer Privacy Act (CCPA).
Change happens. When it does happen, we will update this Agreement. If the changes are material, you may need to accept the changes to use the Platform. Similarly, there may be circumstances where we need to update or discontinue the Platform.
We may modify the provisions of this Agreement at any time. We may notify you of such modifications by posting through the Platform or on our website or by other means. It is important that you review this Agreement whenever we modify it because your continued use of the Platform indicates your agreement to the modifications.
In some cases, you may need to accept changes to this Agreement to continue using the Platform. If you do not agree to the changes, you may stop using the Platform or terminate your account.
Similarly, we may update the Platform, including with tools, utilities, improvements or third-party applications. You agree to receive these updates. We may further modify, suspend or discontinue the Platform at any time. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Platform.
Your Rights to Use the Platform
You can use our Platform for your own personal and lawful use or as otherwise permitted under this Agreement.
Except as set forth in the Section B terms related to use of the Software for preparation of your own business taxes, you may access and use the Platform for your own personal, internal, lawful and non-commercial purposes only.
We may provide you with access to beta features in the Platform. You are free to use them, but they are provided as-is.
We may include new and/or updated pre-release and trial features in the Platform, and such features are provided as-is. Your use of such features is at no additional cost, but you must follow additional rules or restrictions that we may place on their use.
You will provide accurate, up-to-date account information and securely manage such information.
You may need to sign up for an account to use the Platform. We may also need to verify your identity, and you authorize us to collect information (e.g., date of birth, address) from you to do so (collectively, with all information requested to enable your account, “Account Information”). You will provide accurate, up-to-date Account Information, and we disclaim any liability arising from your failure to do so. Such failure may further limit or prevent your ability to use the Platform and affect the Platform's accuracy and effectiveness.
You are responsible for securely managing your Account Information, including any password(s) for the Platform. You agree you will notify us immediately if you believe that your Account Information or device you use to access the Platform has been lost or stolen or that someone is using your account without your permission.
Payment & Cancellations
Some Services may be free, others may have costs associated with their use. For those with costs, we may charge your payment method for fees or on a subscription basis. You may cancel your subscription at any time (but you may not receive a refund).
We may require payment of fees or a subscription charge for use of the Platform (or certain portions of the Platform), and you agree to pay such fees. If you registered for a trial, you may need to purchase the Platform before the trial ends in order to retain access to any content provided to, or created through, the Platform.
Payments will be billed in U.S. dollars, and your account will be charged upon purchase and when you provide your payment information, unless stated otherwise in applicable payment provisions. If your payment information is not accurate, current, and complete, we may suspend or terminate your account. If you do not notify us of updates to your payment information, we may participate in programs supported by your card provider to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
You may be charged a subscription fee in advance on an annual basis or other recurring interval disclosed to you prior to your purchase. For annual subscriptions, we will endeavor to send you a reminder with the then-current subscription, renewal, or continuation fee no less than thirty (30) days and no more than sixty (60) days before your subscription term ends, or otherwise as required by applicable law. Intuit may change the price for recurring subscription fees from time to time with notice to you. Price changes will take effect at the start of the next subscription period following the date of the price change. If you do not agree with the price change, you may unsubscribe prior to the price change going into effect.
Your payment to Intuit will automatically be charged to renew at the end of the applicable subscription period, but you can cancel a subscription at any time. Subscription cancellations will take effect the day after the last day of the current subscription period unless otherwise indicated in the order or renewal terms. Depending on the order terms for the Software or Services you chose, if you cancel in the middle of a subscription period, you will be able to continue to access and use the applicable Services until the end of your subscription period and you will not receive a partial or prorated refund. We do not provide refunds or credits for any mid-period cancellations or partial subscription period.
Desktop and Mobile App Use
Desktop and Mobile versions of certain Software of our Platform may be available you're your use, but you must acquire a valid license and follow applicable license terms as set forth in this Agreement, as well as any applicable third-party terms when using them.
The Platform may be available through one or more programs or apps for a compatible desktop computer or mobile device. You agree that you are solely responsible for any applicable changes, updates and fees as well as complying with the provisions of your agreement with your telecommunications provider and any third-party mobile app marketplace.
With respect to the applicable Software, you are only granted limited rights to install and use the Software you have lawfully downloaded, signed up for, or for which you have purchased a valid license or acquired a free trial. Intuit reserves all other rights in the applicable Software not granted to you in writing in this Agreement. Conditioned upon your compliance with the terms and conditions of this Agreement (including all payment obligations), Intuit grants you a personal, limited, non-exclusive, non-transferable, revocable license to use the applicable Software only for the period of use provided in the ordering and activation terms (as applicable), as set forth in this Agreement, or in Intuit's then-current product discontinuation policies (as updated from time to time) and only for the purposes described by Intuit for the applicable Software. See Section B for specific details of your Software license.
You acknowledge and agree that such Software is licensed, not sold.
You may make a single copy of the Software for backup purposes, provided that you reproduce on it all copyright and other proprietary notices that are on the original copy of the Software. You will not delete or in any manner alter the copyright, trademark and other proprietary rights notices or markings appearing on the Software as delivered to you.
Third Party Advice and Products
You may have access to third-party professional advice and third-party products through or via the Platform. Any such advice and products are not covered under this Agreement and are governed by the respective third party's terms.
We may offer specific functionality in the Platform that provides you with the opportunity to seek third-party professional advice. Unless specifically disclosed or provided as part of your chosen offering, Intuit is not in the business of providing legal, financial, accounting, tax, health care, insurance, real estate or other professional services or advice, and you must decide whether to consult with your own qualified professional(s) for advice prior to making important decisions in these areas.
The Platform may include information about or offers for third-party services or products or allow you to access or connect your account to third-party services or products. Intuit does not warrant, and is not responsible for, the services and products or claims made about them, or the actions or inactions of any third party. You must review and comply with the third party's service terms and product provisions. Intuit may be compensated by those third parties, which could impact whether, how and where the services and products are displayed.
Content and Data
What's yours remains yours, what's ours remains ours, but we may use information, data and content you provide to improve our Platform.
You are solely responsible for anything you write, submit, receive, share and store or any data you input into the Platform (collectively, your “Content”). Content includes, but is not limited to, data, information, materials, text, graphics, images, audio, or video that are uploaded, transmitted, posted, generated, stored, or otherwise made available through the Platform. You have no obligation to provide any content to the Platform, and you're free to choose the content that you want to provide. You acknowledge certain functionality in the Platform may be dependent on the provision of Content and may not be available without such Content.
Your Content remains yours, which means that you retain any intellectual property rights that you have in your Content. By sharing your Content on the Platform, you hereby grant Intuit a license to use your Content, as described in more detail below.
This license covers your Content to the extent your Content is protected by intellectual property rights.
This license is:
Worldwide, which means it's valid anywhere in the world;
Non-exclusive, which means you can license your Content to others; and
Royalty-free, which means there are no fees for this license.
This license allows Intuit to:
Host, reproduce, distribute, communicate, sublicense and use your Content — for example, to save your Content on our systems and make it accessible from anywhere you go;
Publish or publicly display your Content, if you've made it visible to others; and
Modify and create derivative works based on your Content, such as reformatting or translating it.
This license is for the limited purpose of:
Operating, providing and improving the Platform, which means allowing the Platform to work as designed and creating new features and functionalities.
This license lasts for as long as your Content is protected by intellectual property rights.
Intuit may collect, derive or generate deidentified and/or aggregated data regarding your usage of or the performance of the Platform, including data derived from your Content. Intuit will own all such data and may use this data without restriction, including, but not limited to, operating, analyzing, improving, or marketing Intuit's products and services, including the Platform.
As between you and Intuit, Intuit and its licensors retain all right, title or interest in and to the Platform, except for the rights granted to you.
We expect you to obey the law and follow certain rules in using the Platform.
Intuit does not condone or support any activity that is illegal, violates the rights of others, harms or damages Intuit's reputation, or could cause Intuit to be liable to a third party. At minimum, you may not use the Platform to:
Violate any law, regulation, executive order or ordinance, including through actions that give rise to criminal, civil, administrative or regulatory liability and/or fines;
Post, generate, or share Content that is or may be illegal or inappropriate, including material that may be defamatory, obscene, harassing, offensive, fraudulent, objectionable, false or misleading, or infringing;
Transmit any virus, trojan horse, or other disruptive or harmful software or data;
Send any unsolicited or unauthorized advertising, such as spam;
Impersonate or misrepresent your affiliation with Intuit;
Reproduce, modify, resell, license, or provide free or unauthorized access to the Platform or make the Platform available on any file-sharing, virtual desktop or application hosting service;
Attempt to reverse engineer, decompile or disassemble in any way any of the Platform;
Engage in unauthorized access, monitoring, interference with, or use of the Platform or third-party accounts, information (including personal information), computers, systems or networks, including scraping or downloading content that doesn't belong to you;
Use the Platform for general archiving or back-up purposes; or
Encourage or enable any other individual to do any of the above or otherwise violate this Agreement.
We take copyright seriously at Intuit. We respect the copyrights of others and expect you to do the same. If we reasonably believe that you have repeatedly infringed the copyrights of others on or in connection with the Platform, we may terminate your account.
Intuit may terminate your use of the Platform based on our reasonable suspicion that your activities, business or products are objectionable or promote, support or engage in any of the prohibited uses described above.
Intuit may (but has no obligation to) monitor the use of the Platform or Content and may edit or remove any Content. We may disclose any information necessary to satisfy our legal obligations, protect Intuit or its customers, or operate the Platform properly.
Community Forums; Feedback
You may be able to communicate with others through our Platform, but please be respectful. Suggestions you provide for improving our Platform may be used freely by us.
The Platform may include a community forum or other social features that enable you to exchange Content and information with other users of the Platform and the public. Intuit does not support and is not responsible for the Content in these community forums. Please be respectful 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.
You may provide Intuit your feedback, suggestions, or ideas for the Platform. You grant Intuit a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty-free license to use your feedback, suggestions, and ideas in any way, including in future modifications of the Platform, other products or services, advertising or marketing materials.
AI Technology is evolving and has limitations.
The Platform may use artificial intelligence, machine learning, or similar technologies (“AI Technology”).
You may input information and other Content into AI Technology in connection with your use of the Platform (“Inputs”) and receive outputs generated and/or provided from the AI Technology based on those Inputs (“Outputs”). Due to the evolving nature of AI Technology, Outputs may not be unique, and you may have limited rights in them. Inputs or Outputs may be accessed, used, or stored by Intuit or third parties as described in this Agreement (including in any Additional Terms).
While AI Technology is designed to provide helpful information and improve your experience, certain types of AI Technology do have limitations. For example, they may generate information that is incorrect, incomplete, or biased, and are not a substitute for human advice or expertise. The AI Technology may be provided by third party providers, and your use of it may also be subject to restrictions in the Additional Terms, including the terms of those third parties.
We may use Chatbots to optimize your experience.
The Platform may provide features like chatbots, digital assistants, or other interactive non-human features (“Chatbots”), which also use AI Technology. When you use the Platform, you may interact with a Chatbot. Your use of Chatbots is subject to the terms described in this Agreement, including Prohibited Uses.
You may cancel your account and Intuit may suspend or terminate your use of the Platform. For mobile apps, removing the app may not cancel your subscription or delete your data.
This Agreement is effective until your subscription expires, or you cancel your account or Intuit terminates this Agreement (or your account). Intuit may terminate this Agreement (and your account) or suspend the Platform at any time in our discretion.
Please note that removing an Intuit mobile app from your device may not cancel your subscription or delete your data. If you want to cancel your subscription for a Service, please follow the applicable Service instructions. If you wish to delete your data from a Service, please log into One Intuit Account Manager and follow the instructions under the respective data and privacy settings or follow the instructions in our Global Privacy Statement .
Effect of Termination
You must stop using the Platform once your subscription expires or you cancel your account (or if this Agreement or your account is terminated).
Upon expiration of your subscription or cancellation of your account, or Intuit's termination of your account or this Agreement, you must immediately stop using the Platform and pay all fees for Platform used. No expiration or termination will affect your obligation to pay all fees due or that may have accrued through the effective date of expiration or termination or entitle you to any refund.
There are a few parts of this Agreement that will continue to apply after termination.
The following Sections will survive any termination, discontinuation or cancellation of the Platform or your account: “Your Personal Information,” “Payment and Cancellations” (with respect to fees due and unpaid), “Content and Data,” “Community Forums; Feedback,” “Effect of Termination,” “Disclaimers,” “Limitation of Liability,” “Indemnity Obligations,” “Disputes,” and “General Terms (Miscellaneous)”.
We may contact you from time to time to support your use of the Platform.
In order to properly support and serve you, we occasionally need to reach out and contact you, and may do so in a variety of ways, such as via text message, email or messaging functionality in the Platform. We want to provide you with options for receiving communications from us, and as such, you may opt-in or opt-out of receiving certain types of communications from us or sign up to receive certain kinds of messages from us, depending on the Platform. You will need to notify us of any changes to your contact details to ensure your preferences are updated.
You may provide us with your telephone number as part of your customer record or registration or via other methods. You understand and agree that Intuit may use your telephone number for multi-factor authentication (“MFA”), to confirm your identity and help protect the security of your account. Part of the MFA identity verification process may involve Intuit sending text messages containing security codes to your telephone number. You agree to receive these texts from Intuit containing security codes as part of the MFA process. In addition, you agree that Intuit may send automated text messages and pre-recorded voice messages to the telephone number you provide for other limited purposes, including providing you with important critical notices regarding your use of the Services, or fulfilling a request made by you through the Services.
Third-Party Account Information
Intuit is not responsible for any account information obtained from third parties.
When you direct Intuit to retrieve your account information from third parties, you authorize and permit us to use and store that information and other information you submit through the Platform (such as usernames and passwords), for purposes of providing the Platform and Services to you. You grant Intuit a limited power of attorney to access those accounts and retrieve your account information, without additional notice to you. Intuit will be acting as your agent and will not be acting on behalf of the third party.
Intuit does not review third party account information for accuracy and is not responsible for any issues or expenses resulting from such account information, including any inaccuracy, error, delay, or non-delivery. For clarity, Intuit is not responsible for any payment processing errors or fees arising from inaccurate account information provided by third parties.
We don't make any warranties about the Platform except as expressly stated in this Agreement.
The only warranties we make about the Platform are (1) stated in this Agreement, or (2) as provided under applicable laws. The Platform is otherwise provided “as-is,” and we do not make any other warranties about the Platform. Unless required by law, we do not provide implied warranties, such as the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Platform is error-free, secure, or free from any viruses or other harmful components. We also do not provide any warranties with respect to data loss or to the accuracy, reliability, or availability of the Platform, nor of any content (including any Content) or information made available in the Platform. If the exclusions for implied warranties do not apply to you, any implied warranties are limited to sixty (60) days from the date of purchase or delivery of the Platform, whichever is sooner.
Limitation of Liability
Our liability is limited when it comes to issues you may encounter with our Platform.
Other than the rights and responsibilities described in this Agreement and as allowed by applicable law, Intuit won't be responsible for any losses.
The total aggregate liability of Intuit and our third party providers, licensors, distributors or suppliers (“Intuit Parties”) arising out of or relating to this Agreement is limited to the greater of: (1) the fees that you paid to use the relevant Software or Service(s) in the 12 months before the breach or (2) $100.
The Intuit Parties won't be responsible for the following:
Loss of data, profits, revenues, business opportunities, goodwill or anticipated savings;
Indirect, incidental, or consequential loss;
Punitive damages; or
Damages relating to failures of telecommunications, the internet, electronic communications, corruption, security, viruses, or spyware.
The above limitations apply even if the Intuit Parties have been advised of the possibility of such damages. This Agreement sets forth your exclusive remedy with respect to the Platform and its use.
If you're legally exempt from certain responsibilities, including indemnification, then those responsibilities don't apply to you under this Agreement. For example, the United Nations enjoys certain immunities from legal obligations and this Agreement doesn't override those immunities.
If someone sues us because you used the Platform unlawfully or didn't follow our rules, you will be responsible for any harm to us.
You will indemnify and hold harmless the Intuit Parties for any losses, damages, judgments, fines, costs and expenses (including legal fees) in connection with any claims arising out of or relating to your unlawful or unauthorized use of the Platform or violation of this Agreement. 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.
In the event we are unable to resolve any dispute through an informal dialogue, a third-party arbitrator or small claims court will help us resolve any disputes we might have, and any disputes will be resolved on an individual basis rather than as a class action.
If you are a U.S. customer:
You and Intuit agree that, except as provided below, any dispute, claim or controversy arising out of or relating in any way to the Platform or this Agreement (a “Claim”) will be determined by binding arbitration or small claims court, instead of in courts of general jurisdiction.
Either you or Intuit can seek to have a Claim resolved in small claims court if all the requirements of the small claims court are satisfied. Either you or Intuit may seek to have a Claim resolved in small claims court in your county of residence or the small claims court in closest proximity to your residence, and you may also bring a claim in small claims court in the Superior Court of California, County of Santa Clara.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision, and that you and Intuit are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and/or the termination of your account.
If you elect to seek arbitration, you must first send to Intuit a written notice of your Claim ("Notice of Claim"). The Notice of Claim to Intuit should be sent in care of our registered agent Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808. The Notice of Claim should include both the mailing address and email address you would like Intuit to use to contact you. If Intuit elects to seek arbitration, it will send, by certified mail, a written Notice of Claim to your address on file. A Notice of Claim, whether sent by you or by Intuit, must (a) describe the nature and basis of the Claim or dispute; and (b) set forth the specific amount of damages or other relief sought.
You and Intuit agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and Intuit therefore agree that, after a Notice of Claim is sent but before either you or Intuit commence arbitration or file a Claim in small claims court against the other, we will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any Claim covered by this Agreement. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference. Likewise, if Intuit is represented by counsel, its counsel may participate in the conference as well, but Intuit agrees to have a company representative fully participate in the conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
If we do not reach an agreement to resolve the Claim within sixty (60) days after the Notice of Claim is received, you or Intuit may commence an arbitration proceeding by filing a Demand for Arbitration or, alternatively, by filing a Claim in small claims court. You agree that you may not commence any arbitration or file a Claim in small claims court unless you and Intuit are unable to resolve the Claim within sixty (60) days after we receive your completed Notice of Claim and you have made a good faith effort to resolve your claim directly with Intuit during that time. If a Claim qualifies for small claims court, but a party commences an arbitration proceeding, you and Intuit agree that either party may elect instead to have the Claim resolved in small claims court, and upon written notice of a party's election, the American Arbitration Association (“AAA”) will administratively close the arbitration proceeding. Any dispute about whether a Claim qualifies for small claims court shall be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding shall remain closed unless and until a decision by the small claims court that the Claim should proceed in arbitration. You may download or copy a form of notice and a form to initiate arbitration at www.adr.org or by calling 1-800-778-7879. The arbitration will be conducted by the 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, except as modified by this Agreement. Unless Intuit and you agree otherwise, any arbitration hearings will take place in the county (or parish) of either your residence or of the mailing address you provided in your Notice of Claim.
The arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California or the state of your residence and will be selected by the parties from the AAA's National Roster of Arbitrators. The arbitrator will be selected using the following procedure: (a) the AAA will send the parties a list of five candidates meeting this criteria; (b) if the parties cannot agree on an arbitrator from the list, each party shall return its list to the AAA within 10 days, striking up to two candidates, and ranking the remaining candidates in order of preference; (c) the AAA shall appoint as arbitrator the candidate with the highest aggregate ranking; and (d) if for any reason the appointment cannot be made according to this procedure, the AAA may exercise its discretion in appointing the arbitrator. The arbitrator is bound by this Agreement. Except as otherwise provided below, all issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision.
The parties agree that an administrative conference with the AAA shall be conducted in each arbitration proceeding, and you and an Intuit company representative shall appear at the administrative conference via telephone. If you fail to appear at the administrative conference, regardless of whether your counsel attends, the AAA will administratively close the arbitration proceeding without prejudice, unless you show good cause as to why you were not able to attend the conference.
The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. Intuit will not seek to recover its attorneys' fees and costs in arbitration from you unless the arbitrator finds that either the substance of your Claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Judgment on any award may be entered in any court having jurisdiction. This agreement to arbitrate shall not preclude any party to the arbitration from at any time seeking injunctions or other forms of equitable relief in aid of arbitration from a court of appropriate jurisdiction including whether a Demand for Arbitration is filed in violation of this Agreement.
Unless you or Intuit seek to have a Claim resolved in small claims court, the arbitrator shall determine all issues of liability on the merits of any Claim asserted by you or Intuit and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or Intuit prevail on a Claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual Claims in arbitration. Before a court of competent jurisdiction issues any public injunctive relief, it shall review the factual findings of the arbitration award on which any injunction would issue with no deference to the arbitrator.
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. You are required to pay AAA's initial filing fee, but Intuit will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeds the fee for filing a complaint in a federal or state court in your county of residence or in Santa Clara County, California. If the arbitrator finds that either the substance of your Claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and Intuit will not reimburse your initial filing fee. The parties agree that the AAA has discretion to modify the amount or timing of any administrative or arbitration fees due under the AAA Rules where it deems appropriate, provided that such modification does not increase the AAA fees to you or Intuit, and you and Intuit waive any objection to such fee modification.
You and Intuit agree that each may bring Claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, if you have elected arbitration, unless both you and Intuit agree otherwise, the arbitrator may not consolidate any other person's Claims with your Claims and may not otherwise preside over any form of a representative or class proceeding. If Intuit believes that any Claim you have filed in arbitration or in court is inconsistent with the limitations in this paragraph, then you agree that Intuit may seek an order from a court determining whether your Claim is within the scope of the Class Action Waiver. If this Class Action Waiver is found to be unenforceable, then the entirety of this Disputes Section shall be null and void.
General Terms (Miscellaneous)
This Agreement, including any Section B terms, is the entire agreement between you and Intuit and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter.
The laws of California govern this Agreement and any disputes that may arise.
California law and the Federal Arbitration Act will govern all disputes arising out of or relating to the Platform, this Agreement and any Additional Terms, regardless of conflict of laws rules.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Compliance with Global Trade Laws and Restrictions
You are allowed to use the Platform under the laws of the U.S. and other applicable territories. The Platform shall not be exported to jurisdictions that are subject to government embargoes or comprehensive sanctions.
You agree that you and anyone who uses the Platform, including the related website, online services and mobile apps, are not prohibited from using the Platform under the laws and regulations of the United States or other applicable jurisdiction. For example, You will not use, export, re-export, import, sell, release, or transfer the Platform, the Software or the Service directly or indirectly, except as authorized by United States law, the laws of the jurisdiction where the Platform and Software are made available, and any other applicable laws and regulations. In particular, but without limitation, the Platform, Software, Services, source code, and technology may not be exported, or re-exported, transferred, or released (a) into any U.S. embargoed and comprehensively sanctioned jurisdiction (Cuba, Iran, North Korea, Syria and the Crimea, Donetsk (“DNR”), and Luhansk (“LNR”) regions of the Ukraine) and Russia; or (b) to anyone included in the U.S. Treasury Department's list of Specially Designated Nationals or on any other applicable restricted party lists. You also agree that you will not use the Platform, Software and Services for any purposes prohibited by United States law. In addition, you certify that neither you nor any principals, officers, directors, or any person or entity (including any beneficiaries, owners, affiliated and/or associated parties) you know to be directly involved with the use of the Platform, Software and the Services are not: (a) on any sanctions lists in the countries where the Platform, Software and Services are available, (b) doing business in any of the U.S. embargoed countries, and (c) a military end user as defined in 15 C.F.R § 744.
Government End Users of Software
Even if you are a government end user, your rights to Software are limited to what is described in this Agreement.
The Software is a "commercial item" as that term is defined in FAR 2.101, consisting of "commercial computer software," as such term is used in FAR 12.212 and DFARS 227.7202. If the Software is being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government's rights in the Software will be only those specified in this Agreement.
If we waive some of our rights under this Agreement, it doesn't mean we waive our rights in other circumstances.
Intuit's failure to act or enforce any of its rights does not constitute a waiver of any of our rights. Any waiver by Intuit of any of the provisions in the Agreement must be made in writing and signed by a duly authorized officer of Intuit.
You can't transfer this Agreement or your right to use the Platform to someone else without our permission.
Intuit may assign or transfer this Agreement to any party at any time without notice to you. You may not assign your rights under this Agreement, by operation of law or otherwise, without our consent. Any attempts to do so without our consent will be void.
If a court voids a term of this Agreement, the other terms will not be affected.
If any provision of this Agreement is unlawful, void, or unenforceable for any reason, then that provision will be severed and the remaining provisions will remain in full force and effect.
If you have any questions about the Platform or this Agreement, please contact Intuit support.
Latest Revision: August 2023
Section B: Software and Services Terms
ADDITIONAL TERMS AND CONDITIONS FOR THE SOFTWARE
Your license to use the Intuit TurboTax Desktop Software provided by Intuit
is subject to the Section A terms above ("Section A Terms") and these
Additional Terms and Conditions ("Section B Terms"), which govern your use
of the Software, Services and Third Party Services indicated below. These
Section B Terms shall prevail over any conflict or inconsistency with the
Section A Terms.
Capitalized terms not otherwise defined below have the meanings provided in the Section A Terms.
- Supplemental License Grant and Restrictions.
- In addition to the license to Software in the Section A Terms, you agree that you may only: (i) install and use a copy of the Software on up to five (5) computers owned by you (at home or at work); (ii) use the Software only to prepare, print and/or electronically file your own federal 2023 tax year returns and related 2023 state tax returns; and (iii) make one backup copy of the Software for your own personal use as permitted under this license grant.
- Any software that is delivered by electronic transmission (regardless of whether a replacement copy is ordered) shall be deemed delivered on the date that Intuit makes such program available for download. The Software is protected by copyright, trade secret, and other intellectual property laws.
- If through your use of the Software version you selected your tax situation requires the features of another version, you may be required to discontinue use of such current Software version and upgrade to another version at an additional cost.
- You are not licensed or permitted under this EULA to do any of the following: (i) allow any other person to use the Software; (ii) rent, loan, resell, share, distribute or redistribute the original CD or a copy of the Software to any other person or entity; (iii) make the Software available on any file-sharing or application hosting service; (iv) electronically send the Software to any other person or company; (v) copy the printed materials or user documentation accompanying the Software other than as necessary to support the uses permitted above; (vi) use the Software for any commercial purpose (i.e., tax return preparation for a fee or other consideration); or (vii) use the Software to electronically file more than five (5) federal returns. Any person or company who received the Software through any of the foregoing prohibited methods, or through any method other than purchasing a license for this Software from Intuit or an Intuit authorized retailer, is not authorized to use such Software.
- You shall not, and shall not permit any users of the Software 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) interference with others' use of the Software or any system or network, including mail bombing, broadcast or denial of service attacks; (ii) unauthorized collection or use of personal or confidential information, including phishing, pharming, spidering, and harvesting; (iii) viewing or other use of any Content that, in Intuit's opinion, is prohibited under this EULA; (iv) any other activity that places Intuit in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction; or (v) 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.
- You are not licensed or permitted to use the Software, or to allow the Software to be used, to prepare tax returns, schedules or worksheets on a professional or commercial basis (i.g., for a preparer's or other fee or consideration).
- You agree to register as a licensee of the Software so Intuit can contact you in compliance with our privacy policies, notify you of updates or corrections to the Software and to obtain the benefit of any warranties or guarantees given or made by Intuit in these Section B Terms with respect to the Software or Services. In this regard, you agree to keep Intuit apprised promptly of any change in your email address, mailing address and/or phone number, so Intuit can notify you of such updates or corrections. Additionally, the IRS and state tax authorities may release certain final approved tax forms after the Software is made available. To ensure that you have the most up-to-date information and final approved forms, you must update your copy of the Software using its "Check for Updates" feature and accept any applicable terms and conditions before printing or electronically filing your return(s). Certain IRS and/or state forms may not be available through the Software.
- Technical Protection Measures. This Software uses digital rights management technology. An internet connection is required to install, authenticate, and activate the Software and to verify your license upon the installation of the Software on any unique machine ("Authenticate" or "Authentication"). The Software also requires you to create an Intuit Account (at no additional charge) and log into your Intuit Account in order to download, install, and Authenticate the Software (including to launch and use the Software) and/or obtain and use updates thereto. The license provided with this Software will be verified via the internet during Authentication using both your unique license code and the log in to your Intuit Account. Authentication is limited to five (5) activations per license and per Intuit Account. This Software is not transferable. If you disable or otherwise tamper with the technical protection measures, the Software may not function properly, and you will have materially breached the EULA. You agree to keep your Software license code, registration, Intuit Account and account profile information private, accurate, complete, and current. Allowing or enabling others to use your license code or Intuit Account is strictly prohibited.
- Privacy and Use of Personal and Tax Return Information.
- At Intuit, we place the highest importance on respecting and protecting the privacy of our customers. Our most important asset is our relationship with you. We want you to feel comfortable and confident when using our products and services and with entrusting your personal and tax return information to us. Our full Intuit Global Privacy Statement can be found at https://www.intuit.com/privacy/statement/. You agree to the Intuit Global Privacy Statement and any changes published by Intuit. To contact us with a question, email Privacy@Intuit.com or write to us at: Privacy Team, Intuit Inc., 2800 E Commerce Center Place, Tucson, AZ 85706.
- You understand and agree that the Software may require multiple sources of information about you to confirm your identity and help ensure the security of your personal use of the Software, often referred to as "multi-factor authentication" ("MFA"). Part of the MFA identity authentication and verification process may involve Intuit sending text message(s) containing security code(s) to your mobile phone number. You agree to receive these text message(s) from Intuit containing security code(s) as part of the MFA process and understand you are solely responsible for any fees (including message and data rates) as well as the terms of your agreement with your mobile device and telecommunications provider.
- USE OF YOUR DATA. The Software is a web-enabled desktop product. When you are connected to the Internet while using the Software, we may deliver product updates, message service information, and help content. With your lawful consent which you agree you provide herein and including as obtained within the Software, we may also collect data about your use of the Software, your computer, its operating system, application software, and any peripheral hardware. This data helps us determine, among other requirements, the Software's operating performance. In addition, if you elect to use online options such as federal or state efile services, data will be collected and used in accordance with the Intuit Global Privacy Statement. You hereby give Intuit permission to combine any of this identifiable and non-identifiable information with that of other users of the Software and/or other Intuit services. For example, this means that Intuit may use your and other users' data to improve the Software in future releases or design promotions and provide ways for you to compare your tax situation with other users, including through the use of artificial intelligence and machine learning models and training. Global Privacy Statement. You give Intuit permission to combine any of this identifiable and non-identifiable information with that of other users of the Software and/or other Intuit services. For example, this means that Intuit may use your and other users' data to improve the Software in future releases or design promotions and provide ways for you to compare your tax situation with other users; provided that information furnished by you in connection with the preparation of an individual tax return will not be shared with other Intuit-affiliated companies.
- From time to time in the Software, you may be presented with information about Services or other opportunities that may interest you. You agree that each affirmative indication of further interest by you (including, but not limited to, entering your name, clicking on a "continue," "yes," "show me more," or other such button in the Software), supplemented by the provisions of the EULA and as otherwise required by law, shall constitute your separate written consent for Intuit to use and display your tax return information in the Software to help you better understand that Service or opportunity. Each such consent shall be limited to its stated purpose. You also agree that your acceptance of a third-party agreement governing the Refund Processing Service authorizes the sharing of the bank account information you provide to the provider and authorizes Intuit to debit your bank account for fees, charges, and any applicable taxes owed to Intuit if your tax refund is not sufficient in amount to pay for those fees, charges, and taxes (if any).
- You are responsible for protecting the information on your computer, such as by installing anti-virus software, updating your software (including but not limited to operating system software), password protecting your files (Internet access required), and not permitting unauthorized third-party physical or electronic access to your computer or tax files.
- TurboTax Accurate Calculation Guarantee.
- If you are a registered user who has updated your copy of the Software with the most recent update available prior to filing your 2023 return, you have reviewed your return for reasonableness before filing and, after filing with TurboTax you pay an IRS or state penalty and/or interest as levied in a first notice from a tax authority (and not as a result of a payment plan), and such IRS or state penalty and/or interest is due solely to a calculation error on a form prepared and filed using TurboTax, and not as a result of, among other things:
- your failure to enter all required information accurately,
- willful or fraudulent omission or inclusion of information on your tax return,
- misclassification of information on the tax return,
- tax law changes made by federal or state governments after your return was filed, or
- failure to file an amended return to avoid or reduce an applicable penalty/interest after Intuit announces updates or corrections to the Software in time for you to file an amended return,
- This Accurate Calculation Guarantee does not apply to tax forms completed manually by you in which the data is entered directly by you into the form itself within the Software, rather than through the use of the in-product TurboTax interview experience and guidance.
- You are responsible for paying any additional tax liability you may owe and for providing any other information Intuit reasonably requests to validate your claim. A "registered user" is a user who registers the Software with Intuit and from whom Intuit has received the information necessary to permit such person to print or electronically file an individual tax return prepared using the Software and who complies with the terms and conditions of this Agreement.
- If you believe such a calculation error has occurred, you must notify Intuit as soon as you learn of the alleged error and in any case (a) no later than thirty (30) days after the penalty or interest is assessed by a tax authority, and (b) no later than seven (7) years after the return was filed, which Intuit defines as the lifetime of the tax return.
- To initiate a claim under this Guarantee, please contact Intuit using the instructions set forth on our website, as currently published at: https://ttlc.intuit.com/turbotax-support/en-us/help-article/intuit-account-billing/submit-claim-turbotax-100-accurate-calculation-100/L88SYklBL_US_en_US?uid=ldaqp1ft. You will be required to provide all tax-related documents, and any other relevant documents or information we reasonably request, either electronically or by First-Class U.S. mail with USPS Tracking (to ensure tracked delivery), to enable Intuit to validate and process your claim. To validate a claim, Intuit may require, among other information, your TurboTax tax data file (particularly if you did not electronically file), a copy of the IRS/state notice and any other documents to support proof of income, credits or deductions. You are responsible for maintaining all information and documents that may be relevant to the accuracy of your tax return. In this regard, you are responsible for keeping Intuit apprised promptly of any change in your email address, mailing address and/or phone number so that you can be notified of such updates or corrections. This guarantee does not apply to business returns.
- Maximum Refund Guarantee.
- If you are a registered user of TurboTax and use the Software for preparation and filing of your 2023 individual return, and later file an amended return using identical information and data but using a tax preparation method other than TurboTax, and you receive a larger refund amount or pay a smaller tax due amount using such alternative method (excluding where any tax law changes made by federal or state governments after your original TurboTax-based return was filed cause a change in refund or tax due), then Intuit will refund to you the applicable purchase price actually paid by you for an authorized license of Software. To qualify, the larger refund or smaller tax due cannot be attributed to variations in the information or data you used for such alternate tax preparation method or for positions taken by you or your alternate preparer or method that are contrary to the law, or to changes in tax law that occurred after you filed your return using the Software.
- Claims must be submitted within sixty (60) days of the date you receive a larger refund amount or pay a smaller tax due amount and no later than seven (7) years after your original TurboTax return was filed, which Intuit defines as the lifetime of the tax return.
- To submit a claim, you must provide Intuit with the following documents via first-class U.S. mail and add USPS Tracking to your shipment to ensure tracked delivery:
- copy of your TurboTax proof of payment (i.e., sales receipt) and/or shipment packing slip for an authorized license to use the Software,
- copy of your proof of payment for another tax preparation method (unless done manually by you),
- copy of your TurboTax data file and return,
- copy of the printed and filed tax return from the other tax preparation method; and
- a letter summarizing your refund or tax due amount using the Software and your refund or tax due amount using another tax preparation method.
- All other fees you may have paid to Intuit for additional products or services or add-ons to the Software for your Tax Year 2023 return are excluded from this money-back guarantee, including but not limited to electronic filing fees, Audit Defense, Refund Processing Service and technical support fees, if any. This guarantee cannot be combined with the Satisfaction Guarantee below. This guarantee does not apply to business returns.
- TurboTax Audit Support Guarantee.
- If you are a registered user of TurboTax, use the Software for preparation and filing of your 2023 individual return(s), and receive an audit letter from the IRS or State Department of Revenue relating to such individual return, then Intuit will provide free audit guidance, limited to what to expect and how to prepare, from a tax professional available to help answer your audit questions regarding your audited returns filed with TurboTax for the current tax year (2023) and the past two tax years of TurboTax individual returns (tax years 2022 and 2021). The Audit Support Guarantee is applicable to Federal and State audit letters and/or notices only. We will not be your representative or provide legal advice. Claims for audit support must be submitted within sixty (60) days of the date you received your audit letter and no later than seven (7) years from the date you filed your individual return using the Software which, for the purposes of this guarantee, Intuit defines as the lifetime of your tax return.
- To initiate a claim for audit support under this guarantee, please contact Intuit at 1-800-624-9066 (or other replacement telephone number Intuit may publish on the TurboTax website from time to time). Once you have contacted Intuit by phone to submit your claim for support, you will also be required to submit to us the following documents: (1) copy of your TurboTax proof of payment for the Software for Tax Year 2023; and (2) a copy of the IRS or State audit letter. We may request that you provide these documents, and any other relevant documents or information we reasonably request, either electronically or by First-Class U.S. mail with USPS Tracking added to your shipment to ensure tracked delivery, to: TurboTax Audit Support Guarantee, 2800 E Commerce Center Place, Tucson, AZ 85726-8867. For the most current information available regarding this guarantee and submission requirements, go to https://ttlc.intuit.com/questions/1901504-what-is-the-turbotax-audit-support-guarantee . You must maintain copies of all submitted items for your records.
- In the unlikely event we are not able to connect you to one of our tax professionals for audit guidance, then you are entitled to a refund of the applicable purchase price paid by you for an authorized license of Software under this Agreement. Any other fees you may have paid to Intuit for additional services or as add-ons to your Tax Year 2023 return are excluded, including but not limited to electronic filing fees, Audit Defense, Refund Processing Service and technical support fees, if any. Please allow up to 6 weeks for processing and delivery of your refund. If after 8 weeks you have not received your check, contact us at 1-800-4-INTUIT. To validate your claim that we were unable to connect you with a tax professional for audit guidance, and as a precondition of refund payment, Intuit may require your TurboTax data file for the applicable tax year and/or other supporting information such as copies of your printed tax returns. Any materials submitted to Intuit are understood to be non-returnable. You are responsible for maintaining all documents necessary to qualify for the guarantee.
- This guarantee does not apply to business returns and cannot be combined with the Satisfaction Guarantee below.
- Satisfaction Guaranteed (or Guaranteed Easy) (all Software); Separate Accuracy and Maximum Refund Guarantees for TurboTax Business.
- Satisfaction Guaranteed (All Software):
If you do not accept this EULA or if you are not satisfied with the Software, you may uninstall and delete all copies of the Software from your computer(s) and return the Software within sixty (60) days of license purchase with a dated receipt for a full refund. There is a limit of five (5) such returns per year. If the store where you purchased your license is unable or unwilling to issue a refund or you obtained the Software directly from Intuit, you may uninstall and delete all copies of the Software and return the Software with a dated receipt or packing slip within sixty (60) days of shipment or purchase, whichever earlier, via U.S. mail to Intuit Inc., ATTN: Returns Department, PO Box 580926, Pleasant Prairie, WI 53158, US or via UPS to Intuit Inc., ATTN: Returns Department, Door 20 11500 80th Avenue, Pleasant Prairie, WI 53158, US. In the case where you purchased a license and obtained the Software directly from Intuit via an Internet download, you may submit a written request to Intuit including written confirmation that you have deleted the Software from all computer(s), your name, contact and product order information to Intuit Inc., ATTN: Returns Department, PO Box 580926, Pleasant Prairie, WI 53158, US.
Satisfaction Guaranteed (All Software):
- Intuit works to ensure the accuracy of the calculations on every form prepared using the TurboTax Business version of the Software. If you are a registered user who has updated your copy of TurboTax Business with the most recent update available prior to filing your 2023 return, you have reviewed your return for reasonableness before filing and, after filing with TurboTax Business you pay an IRS or state penalty and/or interest as levied in a first notice from a tax authority (and not as a result of a payment plan), and such IRS or state penalty and/or interest is due solely to a calculation error on a form prepared and filed using TurboTax Business, and not as a result of, among other things:
- your failure to enter all required information accurately,
- willful or fraudulent omission or inclusion of information on your tax return,
- misclassification of information on the tax return,
- tax law changes made by federal or state governments after your return was filed, or
- failure to file an amended return to avoid or reduce an applicable penalty/interest after Intuit announces updates or corrections to the Software in time for you to file an amended return,
then Intuit will reimburse the amount actually paid by you to the IRS or state in penalties and/or interest as levied against you in such first notice – but not any amounts, penalties or interest due, payable or paid by you as a result of a payment plan you may enter into (or have entered into) with such tax authority. A "registered user" is a user who either registers his/her TurboTax Business Software license purchase with Intuit or has purchased a license to use the TurboTax Business version of Software directly from Intuit. The Accurate Calculation Guarantee does not apply to tax forms completed in which the data is entered directly by you onto the form rather than through the use of the in-product interview guidance. You are responsible for paying any additional tax liability you may owe and providing any other information Intuit reasonably requests to validate your claim.
- If you believe such a calculation error occurred, you must notify Intuit as soon as you learn of the mistake (and in no event later than 30 days after the penalty or interest is assessed and within seven years from the date you filed your original return using the TurboTax Business version of the Software), at https://ttlc.intuit.com/community/charges-and-fees/help/how-do-i-submit-a-claim-under-the-turbotax-100-accurate-calculation-guarantee-or-100-accurate-expert/00/26065 or by mail at Intuit Inc., TurboTax Business Accuracy Guarantee Analyst, 2800 E Commerce Center Place, Tucson, AZ 85706. Intuit will then contact you to attempt to resolve the issue. To validate the claim, Intuit may require your TurboTax Business tax data file (you must provide a copy to Intuit if you did not electronically file), a copy of the IRS/state notice, and any other documents to support the income, deduction or credit.
- Maximum Refund Guarantee for TurboTax Business:
If you are a registered user of the TurboTax Business version of the Software and you receive a larger refund amount or must pay a smaller tax due amount using another tax preparation method other TurboTax Business, then Intuit will refund to you the applicable purchase price paid by you for the federal and/or state TurboTax Business Software product license you purchased. Claims must be submitted within sixty (60) days of the date you filed your tax return using TurboTax Business, but no later than December 15, 2024. All other fees are excluded, including electronic filing fees, audit defense, any professional review, tax advice, Refund Processing Service and/or technical support fees. This guarantee cannot be combined with the Satisfaction Guarantee above.
To qualify, the larger refund or smaller tax due cannot be attributed to variations in data you provided for tax preparation or for positions taken by you or your preparer that are contrary to the law. If you received a larger refund amount or must pay a smaller tax due using another tax preparation method other than TurboTax Business, you must notify Intuit within sixty (60) days of the date you filed your tax return (but no later than December 15, 2024) by submitting a claim with the following documents (i) Maximum Refund Guarantee Claim Request Summary, (ii) copy of your TurboTax Business license store sales receipt or shipment packing slip, (iii) copy of your proof of payment for another tax preparation method (if applicable), and (iv) copy of your TurboTax Business tax data file, (v) copy of the printed return from TurboTax Business and the other tax preparation method, and (vi) letter stating your refund or tax due amount using TurboTax Business and your refund or tax due amount using another tax preparation method. Send the required documents to Intuit Inc., ATTN: TurboTax Business - Maximum Refund Guarantee, 2800 E Commerce Center Place, Tucson, AZ 85706-4560, US. Please use a traceable mailing method and maintain copies of all submitted documents for your records. Claims of non-payment will require photocopy substantiation of all required documents. Please allow up to 6 weeks for processing and delivery. If after 8 weeks you have not received your check, contact us at https://ttlc.intuit.com/community/using-turbotax/help/what-is-the-turbotax-phone-number/00/25632 .
A. TurboTax Basic, Deluxe, Premier, Home & Business.
For TurboTax Basic and other versions which do not include State returns:
You may prepare, print and e-file your federal returns, subject to the e-file restrictions herein.
Additional charges apply for State returns and for State e-filing (except NY).
For TurboTax Deluxe, Premier, and Home & Business:
You may prepare, print and e-file your federal return and your return for one State, if applicable, subject to the e-file restrictions herein.
Additional charges apply for returns in additional States and for all State e-filing (except NY).
The Internal Revenue Service (“IRS”) imposes a limit of five (5) federal e-files.
The Software imposes a limit of three (3) State e-files per federal return.
B. TurboTax Business.
You may prepare, print and e-file forms 1120, 1120S, 1041 and 1065, subject to the e-file restrictions herein.
You may prepare, print and e-file State returns at an additional charge per business entity (e.g., after purchasing CA Partnership, you can prepare, print and e-file unlimited CA Partnership returns).
The IRS imposes a limit of five (5) federal e-files.
C. Additional Restrictions. In addition to the restrictions in the Section A Terms:
Intuit works to ensure the accuracy of the calculations on every form prepared using the Software. The TurboTax Accurate Calculation Guarantee is for the lifetime of your 2023 individual tax return, which Intuit defines as seven (7) years from the date you filed it using TurboTax Desktop. The Guarantee applies only to individual returns filed using TurboTax (excluding business returns), and only if filed with the IRS or, in the case of state returns, the relevant state tax authority, all subject to the terms below:
The TurboTax Maximum Refund (Tax Savings) Guarantee is for the lifetime of your 2023 individual tax return, which Intuit defines as seven (7) years from the date you filed it using the Software. The Guarantee applies only to individual returns filed using the Software (excluding business returns), and only if filed with the IRS or, in the case of state returns, the relevant state tax authority, all subject to the terms below:
You must send all of the foregoing by mail to TurboTax Maximum Refund Guarantee, 2800 E Commerce Center Place, Tucson, AZ 85726-8867. You must maintain separate copies of all submitted items for your records. Claims of non-payment of a refund of your TurboTax license purchase price will require photocopy substantiation of all required items. Please allow up to 6 weeks for processing and delivery. If after 8 weeks you have not received your check, contact us via the TurboTax support website. Any materials submitted to Intuit are understood to be non-returnable. You are responsible for maintaining all documents necessary to qualify for the Guarantee.
The Audit Support Guarantee is for the lifetime of your 2023 individual tax return filed with TurboTax, which Intuit defines as seven (7) years from the date you filed it using the Software. The Guarantee applies only to individual returns filed using the Software (excluding business returns), and only if filed with the IRS or, in the case of state returns, the relevant state tax authority, all subject to the terms below:
If an authentic, Intuit-manufactured CD on which the Software was provided to you is defective, then return the CD to Intuit Inc., Returns Department, PO Box 580926, Pleasant Prairie, WI 53158, US within sixty (60) days of shipment (or in the case of a retail license purchase, within sixty (60) days of purchase) with a dated receipt or packing slip, and a replacement CD or download of the Software will be provided to you at Intuit's discretion; limit of two (2) replacements per customer, per year. All warranties or guarantees given or made by Intuit with respect to the Software, Services or tax advice are solely for the benefit of you, as the registered user and licensee of the Software, and are not transferable, and shall be null and void if you breach any term or condition of the EULA.
Intuit may provide the additional services described in this Section. For clarity, these services shall also fall within the definition of "Services" that was provided in Section A and any grant of rights to use and access services applies only to those services for which you have paid, received access from Intuit at no additional fee, or acquired a valid trial subscription.
You are responsible for obtaining, at your expense, any access to the Internet and any required equipment. Intuit may at any time change or discontinue any aspect, availability or feature of such Services.
Electronic Filing Services. If you choose to file your return electronically, your tax return will be forwarded to Intuit's Electronic Filing Center, where Intuit will transmit it to the applicable federal and/or state taxing authority. Additionally, Intuit will store your protected tax return in accordance with federal and/or state laws. You are responsible for verifying the status of your return to confirm that it has been received and accepted by the applicable taxing authority and, if necessary, for filing it manually in the event that the taxing authority rejects your electronically filed return (e.g., if the taxpayer name and SSN don't match).
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 electronic filing 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.
If you are filing one or more state tax returns, then by using a computer system and software to prepare and transmit return(s) electronically, you consent to the disclosure of all information pertaining to your use of the system and software to the states in which you are filing the returns, as applicable by law, and to the transmission of your tax return(s).
Review and Save Your Return. You agree to review your tax return before electronically filing or mailing it and to print and save a copy (printed and electronic) of any tax return prepared using the Software for your records. You may save your return as a PDF file and understand your return may be processed on Intuit servers, not as part of the Software. Furthermore, Intuit strongly encourages you to save (or download and save) your Software data file. To the extent required or permitted by applicable law and regulation, lntuit stores and maintains information that you provide to Intuit. Intuit is not required or obligated to provide you with copies of this information, unless required by applicable law. If you require a copy of your tax return, you must contact the IRS.
Import Services. The Software includes a feature that allows you to import and/or upload certain tax-related information from your own device(s), participating payroll processors, financial institutions, and other third parties, personal financial software, business financial software, and charitable deduction information from ItsDeductible software. You will be required to establish an Intuit Account and password to enable such data imports and are responsible for verifying the accuracy of the information that is imported.
The Software may also include functionality designed to read data from images (for example, W-2s, other tax forms, or credit cards used for payment) photographed using a device that captures digital photos. This functionality is limited to those forms or items that the Software can read. If the form or other item you photograph and submit through the Software is not supported or not otherwise readable by the Software, you may need to manually enter your data. By using these features you agree to allow Intuit to process and store such images in accordance with our privacy and data retention policies.
You may be offered the ability to import data from other sources in addition to those above. You may provide us with your authorization and information to allow us to obtain your data from third parties on your behalf to use for the Software or any third-party service that you select. You represent that you have the necessary rights to grant us access to your accounts with third-party services. Such third parties and their services are not affiliated with or endorsed or sponsored by us, but Intuit may be compensated by those third parties, which could impact whether, how and where the services and products are displayed.
Live Tax Advice/Assistance – Personal Taxes Only. Intuit may provide a separate add-on Service that, for an additional fee, connects TurboTax Advantage Subscribers (only) to an Intuit Tax expert to obtain answers to tax questions and to assist such individuals with preparation of their personal (not business) return(s). Additional fees apply. Telephone and Internet access are required to use this Service, if such a Service is made available. Subscribers may be offered a means of requesting a call back appointment for the Service by providing their contact information. If you are a TurboTax Advantage Subscriber and you choose to use it, you understand and agree that neither Intuit nor the Intuit Tax expert will sign your tax return as the paid preparer of the return. Service levels and availability will vary based on demand and capacity and are subject to change without notice. By accessing and using the Service, TurboTax Advantage Subscribers agree to be bound by these terms and conditions. If you are a Subscriber and choose to purchase this add-on service, you also acknowledge and agree that this optional Intuit Tax expert and/or service is not provided to all users and does not constitute legal advice, and the Intuit representative reserves the right to refuse to assist or advise on any particular tax return or tax situation. The Service and/or feature(s) do not include provision of advice regarding your preparation and/or filing of prior year returns or other types of tax returns, such as Business returns. Intuit, in its sole discretion and at any time, may determine that certain tax topics, forms and/or situations are not included as part of any Service and feature(s) and may decline to provide such services. This Service, including all access to Intuit Tax experts, expires on October 31, 2024.
If you buy and use a Live Tax Advice/Assistance Service provided by Intuit, you agree to hold Intuit harmless from any liability, including but not limited to, additional tax, penalties, interest and professional fees resulting from the disallowance of tax deductions due to inadequate documentation. You further agree that for returns with “married filing jointly” filing status, both spouses are deemed to be customers of Intuit and subject to the terms of this Agreement. Both individuals acknowledge that there is no expectation of privacy between the spouses by Intuit.
The U.S. imposes reporting requirements with respect to persons having certain direct and indirect interests in a foreign bank account or other foreign financial assets. Failure to comply with these reporting requirements may result in substantial civil and criminal penalties.
Intuit may use a variety of methods (e.g., in-product, widgets, Internet, remote access, online community, chat, email and phone) to provide technical support and customer service in connection with the Software. The terms and conditions governing the offering of this support, some of which require the payment of an additional fee, are subject to change as announced by Intuit from time to time and supplement, or supersede where inconsistent, the EULA. If you choose to allow an Intuit agent to have remote access to your computer via the Internet to provide help, you should close other browsers or applications or follow other instructions to enable such access. Consult the TurboTax Help and Support Website (currently, https://ttlc.intuit.com/community/turbotax-support/help/03/313 ) for the most up-to-date information relating to this support and any associated charges, as well as updates to the Software.
TurboTax tax preparation and ItsDeductible donation valuation service for tax year 2023 are subject to discontinuation. TurboTax tax preparation software shall not be supported beyond October 15, 2026. ItsDeductible donation valuation software shall not be supported beyond October 15, 2024. Once an Intuit Software version is discontinued, no replacement CDs or Software, product, or service support or updates will be provided or made available by Intuit for that particular Software version. You understand that discontinued Software versions (i.e., Software versions for which support and updates are no longer provided) may in the future be vulnerable to un-patched issues, including bugs, security, and other risks, and that Intuit is not responsible for your continued use of such Software.
(i.e., no longer supported by their third-party providers). System requirements and operating environments for use of the Software as designed, including currently-supported operating systems, database engines, browsers and other technical components, are posted on the website for the Software. Notwithstanding anything above to the contrary, Intuit will not provide (and is not in any way liable to you for) Software support for services, software, system requirements, or operating environments, including any operating system, database server or browser version, or other technical component, that is unsupported by its originating third-party provider. In the event that any currently-supported services, software, system requirement, operating environment, or other technical component is discontinued or no longer supported by its provider, Intuit will likewise discontinue its Software support for that particular service, software, system requirement, operating environment, including any operating system, database server or browser version, or other technical component.
Internet access is required to obtain updates to the Software. Upon installing the Software on Windows for the first time, a Windows-based service will also be installed named the "Intuit Update Service." This service will continue to run on your system in the background regardless of whether the Software is currently running. In addition, during the installation process on Windows, the Software will check your computer to determine if you have Microsoft.net framework (version 4.0 or greater) and install these program updates if they are not already present on your computer. Installation of these programs is necessary for the installation and operation of Software on Windows. If you subsequently delete Software or choose to not continue with the installation process, these Microsoft programs will remain on your system.
If you choose the "automatic" option for updates the Intuit Update Service will periodically check Intuit's servers via the Internet for updates to the Software. In addition, non-personally identifiable information about your computer system and the update process will be sent to Intuit. If an update is available, it will be automatically downloaded to your computer, and you will be prompted to install that update the next time you start the Software.
If you choose the "ask me first" option for updates, the Intuit Update Service will still run in the background, but it will not check Intuit's servers for updates to the Software until you confirm that you want it to check. In addition, non-personally identifiable information about your computer system and the update process will be sent to Intuit.
Only non-personally identifiable information is provided to Intuit through the Intuit Update Service. Intuit will use this information to improve the updating process and/or our products for our customers and our use is subject to the Intuit Global Privacy Statement .
The Intuit Update Service will not apply to Software installed on Macintosh.
You may be made aware of or offered services, features, products, applications, online communities, or promotions provided by Intuit ("Intuit Offerings"). If you decide to use Intuit Offerings, you may be subject to additional terms and conditions governing these Intuit Offerings, which supplement, and supersede where inconsistent, the EULA, and separate fees may apply. You acknowledge that in accessing certain Intuit Offerings through the Software you may upload or enter certain data from your account(s), such as tax data, forms, financial documents, names, addresses and phone numbers, purchases, and sales among others, to the Internet. You hereby grant Intuit permission to use information about you, your family, your business and/or usage experience to enable us to provide the Intuit Services to you, including updating and maintaining your data, addressing errors or service interruptions, and to enhance the types of data and services Intuit may provide to you in the future. You also grant Intuit permission to combine your personal and business data, if any, with that of others in a way that does not identify you, your company or any individual personally to improve services and to compare business practices with other users. You also grant Intuit permission to create, market or promote new Intuit Offerings based on your data.
From time to time, Intuit in its sole discretion, may extend (or otherwise include in or with the Software) the opportunity for you to use, try, or trial new or updated non-commercially available Software features ("Beta Features") and 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. Beta Features may not be available to all users or included with or in all software editions.
To facilitate Third Party Services, Intuit may be required to obtain your explicit consent for disclosure and/or use of your information. By accepting these Third Party Services agreements and consents, you authorize Intuit to use and disclose your information, including name and address, to the third party for the purpose of making the Third Party Services you choose available to you. For some Third Party Services, we may submit an application on your behalf using your information to assist you in obtaining a benefit provided by a third party. You acknowledge that Intuit does not determine if you receive the benefit and that you are solely responsible for meeting the third party's requirements and complying with applicable laws and regulations. You may need to provide us with your account number, password, security questions and answers and other necessary login information (“Login Details”). You hereby represent that you have the authority to provide the Login Details to Intuit, and you expressly appoint Intuit as your, or the third party who owns the Login Details, agent with limited power of attorney to access any Third Party Services on your behalf. You must provide true and accurate information. A third party's terms and conditions are generally found on the third party's website. However, the applicable terms and conditions for the audit defense memberships are accessible on the TurboTax website. Your participation in Third Party Services indicates your acceptance of such terms and conditions for such Third Party Services. If you sign up for a Third Party Service that requires access to your information on an ongoing basis and you subsequently want us to stop making your information available to such third party, you should discontinue use of the Third Party Services. If you sign up for the Refund Processing Service, which may enable you to deduct certain fees and any applicable tax from the proceeds of your tax refund, you authorize Intuit (and its third party processor) to debit these amounts (excluding the Refund Processing Service Fee) from the bank account you identify as your Direct Deposit Bank Account in the event that you do not receive a tax refund that is sufficient to pay for them or in the event that your tax refund is delayed. Note that the Refund Processing Service fee is payable to the bank whether or not your refund is large enough to cover your TurboTax fees. You should evaluate all Third Party Services based on your own assessment and review of their terms and conditions.
The Software contains proprietary and confidential information and creative works owned by Flexera Software and its licensors, if any. Any use, copying, publication, distribution, display, modification, or transmission of such intellectual property owned by Flexera Software LLC ("Flexera") or its licensors in whole or in part in any form or by any means without the prior express written permission of Flexera Software is strictly prohibited. Except where expressly provided by Flexera Software in writing, possession of such intellectual property shall not be construed to confer any license or rights under any intellectual property rights owned by Flexera Software or its licensors, whether by estoppel, implication, or otherwise. As permitted by Flexera Software, Intuit hereby grants you a limited, personal, non-exclusive, revocable, and non-transferable license to use only those certain Flexera InstallShield redistributables, which are included with the Software solely for the purpose of, and solely to the extent required for, the permitted installation and operation of the Software by you under these Section B terms – and not to copy, install, distribute or redistribute such Flexera InstallShield redistributables further, or to use them for any other purpose. Flexera InstallShield redistributables are copyright 2020, Flexera Software LLC, all rights reserved. Flexera, InstallShield and all related Flexera names, marks and logos are the property of Flexera Software LLC.
Payment Terms. The EULA also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Software. You must pay with one of the following: (1) a valid credit card acceptable to Intuit; (2) a valid debit card acceptable to Intuit; (3) sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or (4) by another payment option Intuit provides to you in writing. Additional cancellation or renewal terms may be provided to you on the website for the Software.
You can contact Intuit by mail at Consumer Tax Group, Intuit Inc., 2800 E Commerce Center Place, Tucson, AZ 85706 or by calling 888-777-3066 if you have a question or concern about any product or service we sell over the Internet. The address and telephone number of the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs is: 400 R Street, Suite 1080, Sacramento, CA 95814-6200, 800-952-5210. You can also contact us via https://www.intuit.com/support/