INTUIT SOFTWARE END USER LICENSE AGREEMENT
TURBOTAX DESKTOP SOFTWARE—TAX YEAR 2019
Thank you for selecting the Software offered by Intuit Inc. and/or its subsidiaries and affiliates (referred to as "Intuit," "we," "our," or "us"). Review these license terms ("Agreement") thoroughly. This Agreement is a legal agreement between you and Intuit. By clicking "I Agree," indicating acceptance electronically, or by installing, accessing or using the Software, you agree to this Agreement. If you do not agree to this Agreement, then you may not use the Software.
1.1 This Agreement describes the terms governing your use of the Intuit Software including Content (defined below), updates and new releases (collectively, the “Software”). This Agreement includes by reference:
- Intuit's Privacy Statement
- Additional terms and conditions, which may include those from third parties; and
- Any terms provided separately to you for the Software, including product or program terms, ordering, activation, payment terms, etc.
LICENSE GRANT AND RESTRICTIONS
2.1 The Software is protected by copyright, trade secret, and other intellectual property laws. You are only granted certain limited rights to install and use the Software, and Intuit reserves all other rights in the Software not granted to you in writing herein. As long as you meet any applicable payment obligations and comply with this Agreement, Intuit grants you a personal, limited, nonexclusive, nontransferable, revocable license to use the Software only for the period of use provided in the ordering and activation terms, as set forth in this Agreement, or in accordance with Intuit’s then-current product discontinuation policies, as updated from time to time, and only for the purposes described by Intuit for the Software.
2.2 You acknowledge and agree that the Software is licensed, not sold. You agree not to use, nor permit any third party to use, the Software in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
- Provide access to or give the Software or any part of the Software to any third party;
- Reproduce, duplicate, modify, copy, sell, trade, lease, rent or resell the Software;
- Transfer your license to the Software to any other party;
- Attempt unauthorized access to any other Intuit systems that are not part of the Software;
- Permit any third party to benefit from the use or functionality of the Software via a rental, lease, timesharing, service bureau, hosting service, or other arrangement;
- Decompile, disassemble, or reverse engineer the Software.
- Make the Software available on any file-sharing or application hosting service.
For Software licensed on a payment or subscription basis, the following terms apply, unless Intuit notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Software:
- Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Software.
- You must pay with one of the following:
- A valid credit card acceptable to Intuit;
- A valid debit card acceptable to Intuit;
- Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
- By another payment option Intuit provides to you in writing.
- If your payment and registration information is not accurate, current and complete, and you do not notify us promptly when such information changes, we may suspend or terminate your account, terminate your license and refuse any further use of the Software.
- If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
- Intuit will automatically renew your monthly, quarterly, or annual subscription at the then-current rates, unless the Software license or subscription is cancelled or terminated under this Agreement.
- Additional cancellation or renewal terms may be provided to you on the website for the Software
YOUR PERSONAL INFORMATION.
You can view Intuit’s Privacy Statement provided with the Software and on the website for the Software. You agree to the applicable Intuit Privacy Statement, and any changes published by Intuit. You agree that Intuit may use and maintain your data according to the Intuit Privacy Statement, as part of the Software. This means that Intuit may use your data to improve the Software or to design promotions and to develop new products or services.
4.1 California Consumer Privacy Act. For the purposes of the California Consumer Privacy Act (“CCPA”), Intuit shall be considered a Business and/or Third Party, as applicable. Where Intuit acts as a Third Party, you represent, warrant and covenant that all Personal Information provided or otherwise made available to Intuit is done so in compliance with applicable law, and that it has provided all necessary and appropriate notices and opt-outs, and otherwise has all necessary and appropriate rights, to enable Intuit to (i) share any and all Personal Information you provided with any Intuit company, including Intuit Inc. and any parent, subsidiary, affiliate, or related company of Intuit Inc. (collectively, the “Intuit Family Companies”), and (ii) use any such Personal Information in connection with any and all Intuit Family Companies’ internal operations and functions, including, but not limited to, improving such Intuit Family Companies’ products and/or services, operational analytics and reporting, internal financial reporting and analysis, audit functions and archival purposes. Notwithstanding the foregoing, the parties agree that the sharing of Personal Information between Intuit Family Companies does not constitute a “sale” of such Personal Information under the CCPA. Capitalized terms in this paragraph have the meanings given those terms under the CCPA.
CONTENT AND USE OF THE SOFTWARE
- Illegal, fraudulent defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
- Content that would impersonate someone else or falsely represent your identity or qualifications, or that may constitute a breach of any individual’s privacy; is illegally unfair or deceptive, or creates a safety or health risk to an individual or the public;
- Except as permitted by Intuit in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or spamming or flooding;
- Virus, Trojan horse, worm or other disruptive or harmful software or data; and
- Any Content that you do not own or have the right to use without permission from the intellectual property rights owners thereof.
5.1 Responsibility for Content and Use of the Software. a. Content includes any data, information, materials, text, graphics, images, music, software, audio, video, works of authorship of any kind, that are uploaded, transmitted, posted, generated, stored or otherwise made available through the Services ("Content"), which will include without limitation any Content that account holders (including you) provide through your use of the Services. By making your Content available through your use of the Services, you grant Intuit a worldwide, royalty-free, non-exclusive license to host and use your Content. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Intuit is not responsible for any of your Content that you submit through the Services.
You agree not to use the Software, nor permit any third party to use, the Software to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following:
5.2 Restricted Use of the Services. 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) unauthorized access, monitoring, interference with, or use of the Software or third party accounts, data, computers, systems or networks; (ii) interference with others’ use of the Software or any system or network, including mail bombing, broadcast or denial of service attacks; (iii) unauthorized collection or use of personal or confidential information, including phishing, pharming, spidering, and harvesting; (iv) viewing or other use of any Content that, in Intuit’s opinion, is prohibited under this Agreement; (v) any other activity that places Intuit in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction; or (vi) attempting to probe, scan, penetrate or test the vulnerability of an Intuit system or network or to breach Intuit’s security or authentication measures, whether by passive or intrusive techniques. Intuit reserves the right to not authorize and may terminate your use of the Software based on reasonable suspicion of your activities, business, products or services that are objectionable or promote, support or engage in any of the restricted uses described above.
5.3 Community forums.. The Software may include a community forum or other social features to exchange Content and information with other users of the Software and the public. Intuit does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Intuit is not responsible.
5.4 Intuit may freely use feedback you provide. You agree that Intuit may use your feedback, suggestions, or ideas in any way, including in future modifications of the Software, other products or services, advertising or marketing materials. You grant Intuit a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Intuit in any way.
5.5 Intuit may monitor your Content. Intuit may, but has no obligation to, monitor access to or use of the Content through the Software or to review or edit any Content for the purpose of the Software, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. We may disclose any information necessary to satisfy our legal obligations, protect Intuit or its customers, or operate the Software properly. Intuit, in its sole discretion, may refuse to post, remove, or disable Content, in whole or in part, that is alleged to be or that we consider to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
6.1 Intuit does not give professional advice.. Unless specifically included with the Software, Intuit is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
6.2 We may tell you about other Intuit Services. You may be offered other services, products, or promotions by Intuit ("Intuit Services"). Additional terms and conditions and fees may apply. With some Intuit Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant Intuit permission to use information about your business and experience to help us to provide the Intuit Services (including other products and services you might be interested in), to develop new products and services, and to enhance the Software.
6.3 Communications. Intuit may be required by law to send you communications about the Software or third party products. You agree that Intuit may send these communications to you via email or by posting them on our websites.
6.4 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for access to the Software and to contact Intuit If you become aware of any unauthorized access to your account. The Software may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Software. You agree to receive these updates.
DISCLAIMER OF WARRANTIES
7.1 YOUR USE OF THE SOFTWARE AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT, ITS AFFILIATES, AND ITS AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SOFTWARE IS FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SOFTWARE. INTUIT AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
7.2 INTUIT, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SOFTWARE WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
LIMITATION OF LIABILITY AND INDEMNITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF INTUIT, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SOFTWARE DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, INTUIT, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET INTUIT SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF INTUIT AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF INTUIT, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SOFTWARE AND ITS USE.
You agree to indemnify and hold Intuit and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Software or breach of this Agreement (collectively referred to as "Claims"). Intuit reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Intuit in the defense of any Claims.
We reserve the right to modify this Agreement, in our sole discretion, at any time, and the modifications will be effective when posted through the Software or on our website for the Software or when we notify you by other means. We may also change or discontinue the Software, in whole or in part. It is important that you review this Agreement whenever we modify it because your continued use of the Software indicates your agreement to the modifications.
Intuit may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend your license and access to the Software, related or other Services, effective immediately, in whole or in part, if we determine that your use of the Software violates the Agreement, is improper or substantially exceeds or differs from normal use by other users, raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues, to protect the integrity or availability of the Software or systems and comply with applicable Intuit policy, if you no longer agree to receive electronic communications, or if your use of the Software conflicts with Intuit’s interests or those of another user of the Software. Upon Intuit notice that your use of the Software has been terminated you must immediately stop using the Software and any outstanding payments will become due. Any termination of this Agreement shall not affect Intuit’s rights to any payments due to it. Intuit may terminate a free account at any time. Sections 2.2, 3 through 14 will survive and remain in effect even if the Agreement is terminated.
You acknowledge that the Software, its related website, online services, and other Intuit Services, including the mobile application, delivered by Intuit are subject to restrictions under applicable US export control laws, including US trade embargoes and sanctions and security requirements, and applicable country or local laws to the extent compatible with US laws. You agree that you will comply with these laws and regulations, and will not export, re-export, import or otherwise make available products and/or technical data in violation of these laws and regulations, directly or indirectly.
California state law governs this Agreement without regard to its conflicts of laws provisions.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SOFTWARE OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply California law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND INTUIT ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Intuit Inc., in care of our registered agent Corporation Service Company, 2711 Centerville Road, Wilmington, DE 19808. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at http://www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA's rules, but if you are unable to pay any of them, Intuit will pay them for you. In addition, Intuit will reimburse all such fees and costs for claims totaling less than $75,000 unless the arbitrator determines the claims are frivolous. Likewise, Intuit will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section 13 shall survive expiration, termination or rescission of this Agreement.
This Agreement, including the Additional Terms below is the entire agreement between you and Intuit regarding its subject matter and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You may not assign or transfer this Agreement to anyone without written approval of Intuit. However, Intuit may assign or transfer this Agreement without your consent to (a) an affiliate, (b) a company through a sale of assets by Intuit or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact Intuit via an email to: email@example.com.
ADDITIONAL TERMS AND CONDITIONS FOR THE SOFTWARE
Your license to use the Software provided by Intuit is subject to the General End User License Agreement terms above and the Additional Terms and Conditions which govern your use of the Software indicated below. These Additional Terms and Conditions shall prevail over any conflict or inconsistency with the General End User License Agreement terms above.
Capitalized terms not otherwise defined below have the meanings provided in the General End User License Agreement.
INTUIT TURBOTAX DESKTOP SOFTWARE (“TURBOTAX”)
Products and Services Covered.
In addition to the TurboTax federal and/or state tax preparation software (“TurboTax”), the term “Software” as used in this Agreement includes: (i) the ItsDeductible donation valuation service that you will be presented with an opportunity to use if you select certain versions of the Software, (ii) the Software’s related internet–based components, and (iii) any updates or maintenance releases that we may provide or make available for the Software. This Agreement also includes certain special provisions and disclosures relating to services provided by Third Party providers, including Refund Processing Services permitting you to have any fees paid from the proceeds of your tax refund. Those provisions include use of your bank account information to permit your bank account to be debited in certain circumstances. See B.3 and B.11, below. Some Software and Services may be accompanied by, and will be subject to additional terms.
Supplemental License Grant and Restrictions.
In addition to the General License Grant you may: (I) install and use a copy of the Software on one or more computers owned by you (at home or at work); (ii) use the Software only to prepare, print and/or electronically file federal 2019 tax year returns and related state tax returns as described below; (iii) make one backup copy of the Software for personal use as permitted under this license grant; and (iv) 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.
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 your current Software version and upgrade at an additional cost.
- TurboTax Basic, Deluxe, Premier, Home & Business.
- For TurboTax Basic and other TurboTax versions which do not include State
- You may prepare, print and e-file federal returns.
- 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 federal returns and returns for one State, if applicable
- Additional charges apply for returns in additional States and for all State e-filing (except NY).
- E-File Restrictions
- The IRS imposes a limit of five (5) federal e-files.
- TurboTax imposes a limit of three (3) State e-files per federal return.
- For TurboTax Basic and other TurboTax versions which do not include State returns:
- TurboTax Business.
- (1) You may prepare, print and e-file forms 1120, 1120S, 1041 and 1065.
- (2) 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).
- (3) The IRS imposes a limit of five (5) federal e-files.
Additional Restrictions. You are not licensed or permitted under this Agreement to do any of the following: (1) allow any other person to use the Software; (2) rent, loan, resell, distribute, or redistribute the original CD or a copy of the Software to any other person or entity; (3) make the Software available on any file-sharing or application hosting service; (4) electronically send the Software to any other person; (5) copy the printed materials or user documentation accompanying the Software other than as necessary to support the uses permitted above; (6) use the Software for any commercial purpose (i.e., tax return preparation for a fee or other consideration); or (7) use the Software to electronically file more than five federal returns. Any person who received the Software through any of the forgoing 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 are not licensed or permitted to use the Software, or allow the Software to be used, to prepare tax returns, schedules or worksheets on a professional or commercial basis (i.e., for a preparer's or other fee or consideration). Additionally, you must indemnify and defend Intuit against any claims or lawsuits, including (without limitation) attorneys’ fees, that arise from or result from the use of the Software on a professional or commercial basis.
You agree to register as a licensee of the Software (unless you obtained the Software directly from Intuit) so Intuit can notify you of updates or corrections to the Software and to obtain the benefit of any warranties or guarantees given or made by Intuit with respect to the Software or Intuit 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 be 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 before printing or electronically filing your return. 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 verify your license upon the installation of the Software on any unique machine ("Authenticate" or “Authentication”). The Software may require you to create an Intuit account in order to download, install and/or Authenticate the Software and/or updates. The license provided with this Software will be verified via the internet during Authentication. Authentication is limited to five (5) activations per license. 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 this Agreement. You agree to keep your registration and account profile information accurate, complete, and current. Allowing or enabling others to use your license number is strictly prohibited.
- TurboTax Basic, Deluxe, Premier, Home & Business.
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 TurboTax Privacy Statement can be found here. To contact us with a question, email Privacy@Intuit.com. Or write to us at: Privacy Team, Intuit Inc., 2800 East 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 TurboTax, 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 TURBOTAX DATA. TurboTax Desktop is a web-enabled desktop product. When you are connected to the Internet from TurboTax Desktop, we may deliver product updates, message service information, and help content. With your consent obtained within TurboTax Desktop, 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 where the Software is most effective and what Intuit services help you manage your taxes and financial activities most effectively. In addition, if you elect to use online products such as eFile, data will be collected and used in accordance with Intuit’s 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.
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 this Agreement 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 Refund Processing Service Agreement 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, password protecting your files (Internet access required), and not permitting third party physical or electronic access to your computer or tax files.
TurboTax Accurate Calculation Guarantee.
Intuit works to ensure the accuracy of the calculations on every form prepared using TurboTax. If you are a registered user who has updated your copy of TurboTax with the most recent update available prior to filing your return and reviewed your return for reasonableness and you pay an IRS or state penalty and/or interest solely because of a calculation error on a form prepared 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, or failure to file an amended return to avoid or reduce an applicable penalty/interest after Intuit announced updates or corrections to TurboTax in time for you to file an amended return, then Intuit will pay you in the amount of the IRS or state penalty and/or interest paid by you to the IRS or state. (A "registered user" is a user who either registers his/her TurboTax license purchase with Intuit, or has purchased a license to use TurboTax 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 TurboTax 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.
Additional details at: turbotax.com.
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 the applicable federal and/or state tax filing statute of limitation) 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 Accuracy Guarantee Analyst, 2800 E Commerce Center Place, Tucson AZ 85706. Intuit will then contact you to resolve the issue. To validate the claim, Intuit may require your TurboTax tax data file (mandatory 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 (or Tax Savings) Guarantee or Your Money Back.
If you are a registered user of TurboTax and you receive a larger refund amount or must pay a smaller tax due amount using another tax preparation method other than TurboTax, then Intuit will refund to you the applicable purchase price paid by you for the federal and/or state TurboTax product license you purchased. Claims must be submitted within sixty (60) days of the date you filed your tax return using TurboTax, but no later than December 15, 2020. All other fees are excluded including, electronic filing fees, Audit Defense, Professional Review, Tax Advice, Refund Processing Service and technical support fees. This guarantee cannot be combined with the Satisfaction Guarantee in Section B.6 below.
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, you must notify Intuit within sixty (60) days of the date you filed your tax return by submitting a claim with the following documents (i) Maximum Refund Guarantee Claim Request Summary, (ii) copy of your TurboTax 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 data file, (v) copy of the printed return from TurboTax and the other tax preparation method, and (vi) letter stating your refund or tax due amount using TurboTax and your refund or tax due amount using another tax preparation method. Send it to Intuit Inc., ATTN: Maximum Refund, 2800 E Commerce Center Place, Tucson, AZ 85726-8867, US. Please use a traceable mailing method and maintain copies of submitted items for your records. Claims of non-payment 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 at https://ttlc.intuit.com/community/using-turbotax/help/what-is-the-turbotax-phone-number/00/25632.
Satisfaction Guaranteed (or Guaranteed Easy).
If you do not accept this Agreement 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 it within 60 days of purchase with a dated receipt for a full refund. 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 60 days of shipment 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 your name, contact and product order information to Intuit Inc., ATTN: Returns Department, 5809266, Pleasant Prairie, WI 53158, US.
Audit Support Guarantee.
If you received an audit letter based on your 2019 TurboTax return and are not satisfied with how we responded to your inquiry, we'll refund the applicable TurboTax federal 1040 and/or state purchase price you paid.
If you are a registered user of TurboTax 2019 and you receive an audit letter from the IRS or State Department of Revenue relating to your 2019 TurboTax return, then Intuit will provide free, audit guidance (what to expect and how to prepare) from a tax professional available year round to help answer your audit questions until December 31, 2022. Audit Support Guarantee is applicable to Federal and State audit letters and/or notices. We will not be your representative or provide legal advice. If you are not satisfied with how we responded to your inquiry, then you are entitled to a refund of the applicable purchase price paid by you for the federal and/or state TurboTax 2019 product you purchased. Claims must be submitted within sixty (60) days of the date you received your audit guidance, but no later than June 15, 2023 (3 years). All other fees are excluded including, electronic filing fees, Audit Defense, Refund Processing Service and technical support fees. This Guarantee cannot be combined with any other Guarantee. Excludes TurboTax Business (forms 1065, 1120, 1120S, and 1041).
To qualify, you must successfully e-file, print and mail your individual federal or state income tax return (with paid or qualifying free federal return) using TurboTax 2019 . Claims must be submitted to Intuit within sixty (60) days of the date you received your audit guidance by submitting a claim with the following documents (1) Audit Support Guarantee Claim Request Summary, (2) copy of your TurboTax proof of payment, and (3) IRS or State audit letter. Send it to Intuit Inc., ATTN: Audit Support, 2800 E Commerce Center Place, Tucson, AZ 85726-8867, US. For the most current information available, go to: https://ttlc.intuit.com/questions/1901504-what-is-the-turbotax-audit-support-guarantee. Please use a traceable mailing method and maintain copies of submitted items for your records. Claims of non-payment 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. To validate your claim, and as a precondition of refund payment, Intuit may require your TurboTax 2019 data file and/or other supporting information such as copies of your printed tax returns.
If the CD on which the Software is stored is defective, then return the CD to Intuit Inc., Returns Department, PO Box 580926, Pleasant Prairie, WI 53158, US within 60 days of shipment (or in the case of a retail license purchase, within 60 days of purchase) with a dated receipt or packing slip, and a replacement CD will be mailed to you. All warranties or guarantees given or made by Intuit with respect to the Software, Intuit Services or Tax Advice (1) are solely for the benefit of you as the registered user of the Software and are not transferable, and (2) shall be null and void if you breach any term or condition of this Agreement.
Intuit may provide the following or additional Services. You are responsible for providing, 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 the 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 Internal Revenue Service (“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 it may be processed on Intuit servers, not as part of the Software. Furthermore, Intuit strongly encourages you to save (or download and save) your TurboTax data file. To the extent required 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. 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 certain tax-related information from participating payroll processors, financial institutions, and other third parties, personal financial software, business financial software, and charitable deduction information from ItsDeductible software. You may be required to establish a separate 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 mobile device. 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, you may need to manually enter your data.
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 parties. Third parties are not affiliated with or endorsed or sponsored by us.
Tax Advice/Assistance. The Software includes a feature that connects you to an Intuit Tax Advice/Assistance service to obtain answers to tax questions. Additional fees may apply. Internet access is required to use this service. You may be offered a means of scheduling an appointment for the service by providing your contact information. If you choose to use it, you understand and agree that neither Intuit nor the Intuit Tax Advice/Assistance service advisor 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. To ensure a good experience and appropriate levels of coverage for everyone using the service, the tax expert may terminate the communication at his/her sole discretion after 20 minutes, or if it is otherwise determined that you are misusing or unnecessarily extending the duration of the communication. The full terms and conditions governing the Intuit Tax Advice/Assistance service will be available on the Tax Advice/Assistance service web site (accessible from https://ttlc.intuit.com/community/turbotax-support/help/03/313), and by accessing and using the Tax Advice/Assistance service, you agree to be bound by those terms and conditions, which supplement, and supersede where inconsistent, this Agreement.
Help and Support. 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 and Intuit Services. 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. 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 Web site (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.
Discontinuation Policy and End of Software Support. TurboTax tax preparation and ItsDeductible donation valuation service for tax year 2019 are subject to discontinuation and shall not be supported beyond October 15, 2022. Once an Intuit Software version or its support is discontinued, no replacement CDs or future 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.
Non-Supported System Requirements, Services, or 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 available 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, or 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 or 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 requirements, operating environment or system, database server or browser version, or other technical component.
Updates. Internet access is required to obtain updates to the TurboTax software. Upon installing TurboTax for 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 TurboTax is currently running. In addition, during the installation process TurboTax for Windows 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 TurboTax for Windows. If you subsequently delete TurboTax 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 TurboTax. 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 TurboTax.
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 TurboTax 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.
The Intuit Update Service will not apply for TurboTax for Macintosh.
Other Services. You may be made aware of or offered services, features, products, applications, online communities, or promotions provided by Intuit (“Intuit Services”). If you decide to use Intuit Services, you may be subject to additional terms and conditions governing these Intuit Services and separate fees may apply. You acknowledge that in accessing certain Intuit Services through the Software you may upload or enter certain data from your account(s) such as names, addresses and phone numbers, purchases, and sales among others, to the Internet. You hereby grant Intuit permission to use information about 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 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.
Beta Features. 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 with or in all software editions.
ONLINE DATA TRANSFER (not applicable for Services and Trial versions that do not include access to the Online Data Transfer feature).
You may have the option to transfer a copy of your tax return from the Software to Intuit’s online servers (the “Online Data Transfer”) in order for Intuit to provide you with access to your return across multiple, supported computing devices, if applicable, and in order for you to easily transfer your data between Intuit tax products from year to year. Separate fees may apply. In order for you to select the Online Data Transfer option, you must (i) have registered select, specified versions of the Software, and (ii) have Internet access. If you select the Online Data Transfer option, your data will be transferred via the Internet to Intuit’s servers (the “Transferred Files”). You grant Intuit permission to (i) host and maintain the Transferred Files and (ii) reformat and manipulate the Transferred Files as reasonably necessary for the data to function across multiple computing devices for the purpose of enabling you to start, continue, and complete your return or your return for the following tax year if you choose.
Intuit shall have the right, in its sole discretion and with reasonable notice posted on the TurboTax.com website and/or sent to you at your email address provided in product registration data, to revise, update, or otherwise modify the Online Data Transfer feature and establish or change limits concerning use of the Online Data Transfer feature, temporarily or permanently. Intuit reserves the right to make any such changes effective immediately to maintain the security of the system or to comply with any laws or regulations, and to provide you with electronic or written notice within a reasonable period of time after such change. You may reject changes by discontinuing use of the Online Data Transfer feature to which such changes relate.
Third Party Services.
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. Third party’s terms and conditions are generally found on the third party’s website. However, the applicable terms and conditions for TRI's 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.
ADDITIONAL TERMS AND CONDITIONS FOR THE TURBOTAX EXEMPTION CHECK SERVICE
These Additional Terms and Conditions for the Exemption Check Service shall prevail over any conflict or inconsistency with the General Terms of Service above or any applicable TurboTax Terms of Service.
SERVICE DESCRIPTION. Under the ACA, most individuals must have health insurance coverage or pay a tax penalty (also known as an “individual shared responsibility payment”). If you did not have qualifying health care coverage or insurance (or “minimal essential coverage”), you can use this Service to determine whether you preliminarily qualify for an exemption (“ACA Exemption”) from the ACA tax penalty. Please note that the US Department of Health and Human Services, Center for Medicare and Medicaid Services (“CMS”) solely determines whether or not you qualify for an ACA Exemption. Intuit is not responsible for any CMS determination that results in an increased tax liability for you.
1. COMPLETING AND FILING A CMS “HARDSHIP EXEMPTION” APPLICATION. Under the ACA, you can claim certain ACA Exemptions directly on your tax return. However, other categories of exemptions, known as "Hardship Exemptions," require that you submit a Hardship Exemption Application to CMS. You may use this Service to prepare the CMS Hardship Exemption application, however to qualify and be approved, you will need to print and submit the CMS Hardship Exemption Application directly to CMS. All CMS Hardship Exemption Applications prepared using this Service must be submitted or mailed by you to: Health Insurance Marketplace – Exemption Processing; 465 Industrial Blvd.; London, KY 40741. You are solely responsible for ensuring that your CMS Hardship Exemption is properly mailed and submitted to CMS for their review and approval. This Service DOES NOT file, mail, or otherwise submit your CMS Hardship Application for you to CMS. If your CMS Hardship Exemption Application has been approved, you will be notified by CMS. If you have not been contacted by CMS regarding the status of your Hardship Exemption Application and whether your application has been approved by CMS, please contact CMS directly at 1-800-318-2596. For more information on hardship exemptions, see https://www.healthcare.gov/fees-exemptions/hardship-exemptions/.
2. TURBOTAX ACCURATE CALCULATION GUARANTEE AND ACA. Intuit diligently works to ensure the accuracy of every form prepared using the Services. Please note that in order for the TurboTax Accurate Calculation Guarantee or any other TurboTax guarantee to apply to your use of this Service, you must: (1) be a registered user of TurboTax; (2) enter all required information accurately (willful or fraudulent omission or inclusion of information on your tax return and the CMS Exemption Application will void any maximum refund, calculation accuracy or other guarantees); (3) mail or otherwise submit your CMS Hardship Exemption Application to CMS; (4) provide any and all supporting documentation required by CMS in support of your Hardship Exemption Application; and (5) be able to substantiate your eligibility for the ACA Hardship Exemption to CMS’s satisfaction. Your failure to mail or submit appropriate documentation or the initial Hardship Exemption Application to CMS will void any guarantees. A "registered user" is a user who either registers his/her TurboTax license purchase with Intuit, or has purchased a license to use TurboTax directly from Intuit.
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.
Rev August 2019