END USER LICENSE AGREEMENT
TURBOTAX DESKTOP SOFTWARE – TAX YEAR 2021
Introduction and Overview
Thank you for choosing Intuit. We provide a platform that encompasses a variety of: (a) installable software (including our mobile applications and desktop applications) and any accompanying documentation; (b) software as a service that we make available via our online platform or websites; and (c) other services that we provide; each a part of the "Intuit Platform".
This is an agreement between you and Intuit Inc. or one of its subsidiaries, affiliates or related companies (collectively referred to in these provisions as "Intuit", "Intuit Family Companies", "we", "our", or "us"). When you use any offering within the Intuit Platform, you enter into a binding contract with us. Therefore, we ask that you please carefully read this End User License Agreement ("EULA") before using a product, service or other offering of the Intuit Platform. If you do not agree with the terms of this EULA, please do not use the respective Intuit Platform software or service offering.
This EULA applies only to the specific version(s) or edition(s) of software and/or services for which you purchased a license or subscription. Where we grant you a license to use any part of the Intuit Platform, as the term is used in this EULA, that license is only for use of the specific software or services that you have purchased a license or subscription to access, install and/or use.
This EULA consists of two Sections: Section A, which covers the general terms and conditions applicable to Intuit software, services and the Intuit Platform; and Section B, which covers the specific terms and conditions related to your installation and use of TurboTax software and related services.
Each part of Section A of the EULA begins with an italicized annotation that is intended to help you navigate the EULA. The annotations do not completely summarize the EULA, though, and you should read each section carefully and in full. We’ve also bolded a few areas that talk about important legal terms, and you should be sure to read those sections carefully. If you are an individual acting on your company’s or client’s behalf, you represent and warrant that you are authorized to act on their behalf, you accept these provisions on their behalf, and the term “you” will refer to you, your company or your client.
The following definitions apply to both Section A and Section B:
- Software: The term "Software" shall mean the TurboTax federal and/or state tax preparation software for which you have purchased a valid license, and any accompanying documentation. Software shall also include: (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.
- Services: The term "Service" or "Services" as used in this EULA shall include any services you decide to purchase or use in connection with your use of the Software.
SECTION A: GENERAL TERMS & CONDITIONS
Agreement to These Terms
- You need to agree to these terms in order to use Software and Services of the Intuit Platform. By creating and registering an account with Intuit, you are instructing us to share your data across our platform. We may also use your data to receive copies of your consumer report in order to help provide you with financial offers.
To access and/or use any offering of the Intuit Platform, you acknowledge and agree:
- To the terms and conditions of this EULA, which include:
- The Intuit 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 Intuit Platform, which may include terms and conditions from third parties (which we refer to as "Additional Terms");
- You are above the age of majority in your state of residence;
- You are capable of agreeing to the terms of this EULA and forming a binding contract with Intuit;
- You are not a person who is prohibited from receiving any offering of the Intuit Platform under the laws of the U.S. or any other applicable jurisdiction; and
- You agree to the following statement: I understand that I am providing written instructions in accordance with the Fair Credit Reporting Act and other applicable law for Intuit or its affiliated companies to request and receive copies of consumer reports, scores and other information about me from third parties, including, but not limited to, TransUnion and Equifax. I understand that my instructions let Intuit and affiliated companies obtain such information at any time for as long as I have a registered Intuit account to use as described in the provisions and the Intuit Global Privacy Statement.
- If you have a dispute with Intuit, it will be decided by an arbitrator or small claims court rather than by another municipal, county, state or federal court.
This EULA includes an agreement to resolve any disputes through binding arbitration or small claims court and includes a class action waiver and a requirement to engage with Intuit to try to resolve your dispute before arbitration can be initiated. (See "Disputes" below.) The provisions also contain important disclaimers, warranties and limitations on liability. If you do not agree with the mandatory arbitration provision, class action waiver or any other provisions in this EULA, please do not use the Intuit Platform. For additional details, please see the "Disputes" section below.
Your Personal Information
- We want to be transparent about how we use personal information and about your rights in our 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 the Intuit 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 individuals other than yourself, you represent and warrant that: (i) these individuals are part of your household and/or family; and (ii) 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 the Intuit 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 Family Companies is contemplated as part of the Intuit Platform. You agree such sharing does not constitute a "sale" of information as defined under the CCPA.
- Change happens. When it does happen, we will update this EULA. If the changes are material, you may need to accept the changes to use or continue to use any offering, Software or Service of the Intuit Platform for which you have previously acquired a license or subscription.
We may modify the provisions of this EULA at any time. We may notify you of such modifications by posting through the Intuit Platform or on our website or by other means. It is important that you review this EULA whenever we modify it because your continued use of the Intuit Platform indicates your agreement to the modifications. We may modify, suspend or discontinue the Intuit Platform at any time. You agree that we will not be liable to you or any third party for any modification, suspensions or discontinuance of the Intuit Platform.
In some cases, you may need to accept changes to this EULA to continue using the Intuit Platform. If you do not agree to the changes, you must stop using the Intuit Platform and terminate your account.
Your Rights to Use Software or Services of the Intuit Platform
- You can use the specific Intuit Platform offering you paid to use -- that is, the specific Software or Service that is applicable to you and for which you’ve acquired a valid license or subscription -- for your own personal and lawful use or as otherwise permitted under this EULA.
You may access and use the Intuit Platform offering you paid to use or received a valid trial license to use (i.e., only the specific Software and/or Services that you have legally downloaded, signed up for or for which you have purchased a license or acquired a free trial and that is described in the terms set out in Section B) for your own internal, lawful and non-commercial purposes only – all in compliance with the license grant set forth in Section B below.
With respect to the applicable Software, you are only granted certain limited rights to install and use such Software that you have downloaded, signed up for or for which you have purchased a license or acquired a free trial, and Intuit reserves all other rights in the applicable Software not granted to you in writing herein. Conditioned upon your compliance with the terms and conditions of this EULA (including all payment obligations), Intuit grants you a personal, limited, nonexclusive, nontransferable, 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 EULA, 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 applicable Software.
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.
The Software or related functionality may be available through an app for a compatible 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.
- We may provide you with access to beta features in the Intuit 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 Intuit 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 manage your passwords and accept updates to the Intuit Platform.
You may need to sign up for an account to use the Intuit Platform. We may need to verify your identity, and you authorize us to collect information (e.g., date of birth, address) from you to do so. You may be unable to use the Intuit Platform if you do not provide this information or we cannot verify your identity. If you believe that your account information or the device that you use to access the Intuit Platform has been lost or stolen, or that someone is using your account without your permission, you must notify us immediately.
You are responsible for securely managing your password(s) for the Intuit Platform and contacting Intuit if you become aware of any unauthorized access to your account. From time to time, we may update the Intuit Platform, including with tools, utilities, improvements or third party applications. You agree to receive these updates.
Payment and Cancellations
- Use of some parts of the Intuit Platform may be free, while others may have costs associated. 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 Intuit Platform (or certain portions of the Intuit Platform), and you agree to pay such fees. If you registered for a trial, you may need to purchase the Intuit Platform before the trial ends in order to retain access to any content provided to, or created through, the Intuit 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 send you a reminder with the then-current subscription 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 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. If you cancel in the middle of a subscription period, you will be able to continue to access and use the applicable Software or Service until the end of your subscription period. We do not provide refunds or credits for any cancellations or partial subscription period.
Professional Advice; Third Party Products and Services
- You may have access to professional advice or third-party products and services. Any such advice and products are not covered under this EULA and require you to accept separate terms.
From time to time, we may offer specific functionality in the Intuit Platform that provide you with the opportunity to seek professional advice, for example, the ability to speak with a tax expert. Unless specifically disclosed, Intuit is not in the business of providing legal, financial, accounting, tax, health care, insurance, real estate or other professional service or advice, and you should consult with professionals for advice prior to making important decisions in these areas.
The Intuit 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 separate terms and/or agreements. Intuit may be compensated by those third parties, which could impact whether, how and where the services and products are displayed.
In Section B, there are certain special provisions and disclosures relating to products and/or services provided by third party providers ("Third Party Services"), including Refund Processing Services which may permit you to have any service fees paid from the proceeds of your tax refund. We may need to use of your bank account information to permit your bank account to be debited in certain circumstances, for example. Additional information can be found in Section B.
Content and Data
- What’s yours remains yours, what’s ours remains ours, but we may use information you provide to improve the Intuit Platform, and you grant us a license to do so.
You are solely responsible for anything you write, submit, receive, share and store or any data you input into the Intuit Platform, excluding personally identifiable information, which is governed by the Intuit Global Privacy Statement (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 Intuit Platform. You have no obligation to provide any content to the Intuit Platform, and you’re free to choose the content that you want to provide. You acknowledge certain functionality in the Intuit 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 Intuit Platform, you hereby grant Intuit a license to use your Content, as described in more detail below.
What’s covered: This license to Intuit covers your Content to the extent your Content is protected by intellectual property rights.
Scope: This license you grant to Intuit is:
- worldwide, which means it’s valid anywhere in the world;
- nonexclusive, which means you can license your Content to others; and
- royalty-free, which means there are no fees for this license.
Rights: 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.
Purpose: This license is for the limited purpose of:
- Operating, providing and improving the Intuit Platform, which means allowing the Intuit Platform to work as designed and creating new features and functionalities.
Duration: This license lasts for as long as your Content is protected by intellectual property rights.
Collection: Intuit may collect, derive or generate de-identified and/or aggregated data regarding your usage of or the performance of the Intuit 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 Intuit Platform.
As between you and Intuit, Intuit and its licensors retain all rights, title or interest in and to the Intuit Platform, except for the rights granted to you.
- We expect you to obey the law and follow certain rules in using the Intuit 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. Thus, you may not use the Intuit 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, distribute, reproduce, engage in or promote or transmit Content that is or may be illegal, deceptive or inappropriate, including material that may be defamatory, obscene, harassing, offensive, fraudulent, objectionable 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;
- Resell, license or provide free or unauthorized access to the Intuit Platform or make the Intuit Platform available on any file-sharing, virtual desktop or application hosting service;
- Reproduce, duplicate, modify, copy, sell, trade, lease or rent the Software, except as otherwise authorized by Intuit;
- Permit any third party to benefit from the use or functionality of the Software via a rental, lease, timesharing, service bureau or other arrangement;
- Attempt to reverse engineer, decompile or disassemble in any way the Intuit Platform (in part or in whole);
- Engage in unauthorized access, monitoring, interference with or use of the Intuit 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 Intuit 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 EULA.
We take copyright seriously at Intuit. We respect the copyrights of others and expect you to do the same. If you repeatedly infringe the copyrights of others, we may terminate your account.
Intuit may terminate your use of the Intuit 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 Intuit 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 Intuit Platform properly.
Community Forums; Feedback
- You may be able to communicate with others through the Intuit Platform, but please be respectful. Suggestions you provide for improving the Intuit Platform may be used freely by us.
The Intuit Platform may include a community forum or other social features that enable you to exchange Content and information with other users of the Intuit 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 Intuit 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 Intuit Platform, other products or services, advertising or marketing materials.
- You may cancel your account and Intuit may suspend or terminate your use of any or all parts of the Intuit Platform.
Subject to any specific terms in Section B below or any specific order or payment terms for the specific product or service you purchase a right to use, this EULA is effective until your subscription expires, you cancel your account or Intuit terminates this EULA (or your account). Intuit may terminate this EULA (and your account) or suspend any part of the Intuit Platform at any time in our discretion.
Effect of Termination
- You must stop using the Intuit Platform once your subscription expires or you cancel your account (or if this EULA or your account is terminated).
Upon expiration of your subscription or cancellation of your account, or Intuit’s termination of your account or this EULA, you must immediately stop using the respective part or offering of the Intuit Platform and pay all fees for the Intuit 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. The license to Software granted under this EULA will automatically terminate, with or without notice from Intuit, if you breach any term of this EULA. Upon termination, you must promptly destroy or return to Intuit all copies of the Software in your possession or control.
- There are a few parts of this EULA that will continue to apply after termination.
The following Sections will survive any suspension, termination, discontinuation or cancellation of the Intuit Platform (in part or in whole) 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 Intuit 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 Intuit Platform. We want to provide you options for receiving communications from us, and as such, you may opt in or opt out of receiving marketing communications from us or sign up to receive certain kinds of messages from us, depending on the Intuit Platform. You will need to notify us of any changes to your contact details to ensure your preferences are updated. We reserve the right to contact you regarding transactional communications and critical notices regardless of whether you opt out of receiving marketing communications.
- We don’t make any warranties about the Intuit Platform except as expressly stated in this EULA.
The only warranties we make about Software, Services and the Intuit Platform are: (i) stated in this EULA; or (ii) as provided under applicable laws. Software, Services and the Intuit Platform are otherwise provided "as-is," and we do not make any other warranties about them. Unless required by law, we do not provide implied warranties, such as the implied warranties of merchantability, fitness for a particular purpose, data loss, non-infringement or any warranties with respect to the accuracy, reliability or availability of any content (including any Content) or information made available in any part of the Intuit 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 an Intuit Platform offering (that is, the specific Software or Service that is applicable to you), whichever is sooner.
Limitation of Liability
- Our liability is limited when it comes to issues you may encounter with the Intuit Platform.
Other than the rights and responsibilities described in this EULA 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 EULA is limited to the greater of: (i) the fees that you paid to use the Intuit Platform (that is, the specific Software or Service that is applicable to you) in the 12 months before the breach; or (ii) $100.
The Intuit Parties won’t be responsible for the following:
- loss of data, profits, revenues, business opportunities, goodwill or anticipated savings;
- indirect or consequential loss; or
- punitive damages.
The above limitations apply even if the Intuit Parties have been advised of the possibility of such damages. This EULA sets forth your exclusive remedy with respect to your use of the Intuit Platform.
If you’re legally exempt from certain responsibilities, including indemnification, then those responsibilities don’t apply to you under this EULA. For example, the United Nations enjoys certain immunities from legal obligations, and this EULA doesn’t override those immunities.
- If someone sues us because you used the Intuit 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 Intuit Platform or violation of this EULA. 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, either a third-party arbitrator or a small claims court will help us resolve any disputes we might have, and any disputes will be resolved on an individual basis, without class-action litigation.
Most disagreements can be resolved informally and efficiently by contacting our customer support team. 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 Intuit Platform, the Software, the Services or this EULA (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 EULA and/or the termination of your use of the Intuit Platform (in part or in whole).
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: (i) describe the nature and basis of the claim or dispute; and (ii) 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 EULA. 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 EULA. 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: (i) a retired judge or (ii) 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: (i) the AAA will send the parties a list of five candidates meeting this criteria; (ii) 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; (iii) the AAA shall appoint as arbitrator the candidate with the highest aggregate ranking; and (iv) 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 EULA. 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 EULA.
Except as provided above, 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)
- The laws of California govern this EULA and any disputes that may arise. California law and the Federal Arbitration Act will govern all disputes arising out of or relating to the Intuit Platform, this EULA and any Additional Terms, regardless of conflict of laws rules.
Global Trade and Export Restrictions
- You are allowed to use the Intuit Platform under the laws of the U.S. and other applicable territories. The Intuit Platform shall not be exported to countries that are embargoed by the U.S. government.
You agree that you and anyone who uses the Intuit Platform are not prohibited from using the Intuit Platform under the laws and regulations of the U.S. or other applicable jurisdiction. For example, you are not on the U.S. Treasury Department’s list of Specially Designated Nationals or any other similar prohibition. You acknowledge that the Intuit Platform may be subject to restrictions under applicable U.S. export control laws and regulations. You agree that you will comply with these export control and sanctions laws and regulations and will not transfer or provide any part of the Intuit Platform, in violation of these laws and regulations, directly or indirectly.
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 EULA.
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 EULA.
- If we waive some of our rights under this EULA, 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 EULA must be made in writing and signed by a duly authorized officer of Intuit.
- You can’t transfer this EULA or your right or license to use the Intuit Platform to someone else without our permission.
Intuit may assign this EULA to any party at any time without notice to you. You may not assign your rights under this EULA, 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 EULA, the other terms will not be affected.
If any provision of this EULA 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 Intuit Platform or this EULA, please contact Intuit support.
Revised November 2021
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 Additional Terms and Conditions 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 federal 2021 tax year returns and related state tax returns for the applicable tax return year during which you purchased a license to use the Software as described below; and (iii) make one backup copy of the Software for your 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.
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 returns 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 IRS imposes a limit of five (5) federal e-files.
- The Software imposes a limit of three (3) State e-files per federal return.
- For TurboTax Basic and other versions which do not include State returns:
B. TurboTax Business.
- (1) You may prepare, print and e-file forms 1120, 1120S, 1041 and 1065, subject to the e-file restrictions herein.
- (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.
C. Additional Restrictions. In addition to the restrictions in the Section A Terms:
- 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 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.e., for a preparer's or other fee or consideration).
- You agree to register as a licensee of the Software (unless you obtained the Software directly from Intuit and registered during the order process) 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 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. Certain IRS and/or state forms may not be available through the Software.
- D. 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 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 the EULA. 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.
- 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 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 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, 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 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 the Intuit 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, 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.
- Intuit works to ensure the accuracy of the calculations on every form prepared using the Software. If you are a registered user who has updated your copy of the Software 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 the Software, 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 the Software 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 Software license purchase with Intuit, or has purchased a license to use 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 Software 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/turbotax-support/en-us/help-article/intuit-account-billing/submit-claim-turbotax-100-accurate-calculation-100/L88SYklBL_US_en_US 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 Software 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 (or Tax Savings) Guarantee or Your Money Back.
- If you are a registered user of the Software and you receive a larger refund amount or must pay a smaller tax due amount using another tax preparation method other than Software, then Intuit will refund to you the applicable purchase price paid by you for the federal and/or state Software product license you purchased. Claims must be submitted within sixty (60) days of the date you filed your tax return using Software, but no later than December 15, 2022. 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 Software, you must notify Intuit within sixty (60) days of the date you filed your tax return (but no later than December 1, 2022) by submitting a claim with the following documents (i) Maximum Refund Guarantee Claim Request Summary, (ii) copy of your Software 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 Software tax data file, (v) copy of the printed return from Software and the other tax preparation method, and (vi) letter stating your refund or tax due amount using Software and your refund or tax due amount using another tax preparation method. Send the required documents 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 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/turbotax-support/en-us/help-article/account-management/turbotax-phone-number/L0Od33nMQ_US_en_US.
- Satisfaction Guaranteed (or Guaranteed Easy).
- 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 it within 60 days of 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 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 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 the 2021 tax return you filed through the Software and are not satisfied with how we responded to your inquiry, we'll refund the applicable federal 1040 and/or state purchase price you paid.
- If you are a registered user of the Software for the 2021 tax year and you receive an audit letter from the IRS or State Department of Revenue relating to your 2021 tax 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, 2024. 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 applicable federal and/or state Software product you purchased for the 2021 tax year. Claims must be submitted within sixty (60) days of the date you received your audit guidance, but no later than June 15, 2024 (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. This guarantee does not apply to tax returns or form submitted through 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 the Software. 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 Software 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/turbotax-support/en-us/help-article/intuit-account-billing/turbotax-audit-support-guarantee/L06x5FWbz_US_en_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. To validate your claim, and as a precondition of refund payment, Intuit may require your TurboTax 2021 data file and/or other supporting information such as (but not limited to) copies of your printed tax returns.
- Limited Warranty.
- 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; limit of five (5) replacements per customer. All warranties or guarantees given or made by Intuit with respect to the Software, 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 the EULA.
- Additional Intuit Services.
- 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 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 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 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 or not otherwise readable by the Software, 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 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.
- Tax Advice/Assistance. The Software may include 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 requesting a call back 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 representative 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 Tax Advice/Assistance service, you agree to be bound by these terms and conditions. You also acknowledge and agree that this Tax Advice/Assistance feature and/or service does not constitute legal advice and the Intuit representative reserves the right to refuse to assist or advice on any particular tax return or tax situation. The Tax Advice/Assistance feature(s) and/or services do not include provision of advice regarding your preparation and/or filing of prior-year returns or other types of tax 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 Tax Advice/Assistance feature(s) and/or services and may decline to provide such services.
- If you use a Tax Advice/Assistance feature or 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 that you prepare and file using the Software, 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.
- 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. 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/turbotax-support/en-us) 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 2021 are subject to discontinuation and shall not be supported beyond October 15, 2024. 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 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, 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 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.
- Other Services. 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 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 included 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 for this option. 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 for the current tax year 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. Notwithstanding the foregoing, 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 any changes by discontinuing use of the Online Data Transfer feature to which such changes relate.
- Third Party Services.
- To facilitate your use of certain Third Party Services, as explained above in Section A, Intuit may be required to obtain your explicit consent for disclosure and/or use of your information. By accepting the terms and conditions applicable to these Third Party Services and providing your consent, 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 for the Third Party Services ("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 Login Details and other information to Intuit. The terms and conditions applicable to the Third Party Services are generally found on the third party’s website. However, the terms and conditions applicable to 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 fee for the Refund Processing Service) 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 fee for the Refund Processing Service is payable to the bank whether or not your refund is large enough to cover your Software 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.
- OTHER TERMS
- 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/.