Terms of Use

Legal Information and Notices
Updated 11/10/2021

Ownership of Site - Agreement to Terms of Use

These Terms and Conditions of Use and Service (the "Terms of Use") apply to the FreeTaxUSA website located at www.FreeTaxUSA.com ("FreeTaxUSA"), and of the Products and Services offered via the Site, all associated sites linked to www.FreeTaxUSA.com by FreeTaxUSA, its subsidiaries and affiliates (collectively the "Site"). The Site is the property of TaxHawk, Inc. and is provided to its Users (occasionally "You") on certain terms and conditions. By using the site, you agree to these terms of use. If you do not agree, do not use the site or any of the products and services offered via the site. By accessing this site and/or any of the products offered via this site you agree to all of the terms and conditions set forth below.

FreeTaxUSA reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use or any of the Products and Services offered via this Site, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes shall be deemed to constitute your acceptance of and agreement to all such changes.

Description of Products and Services

Via the Site, FreeTaxUSA provides its Users with access to a variety of tax filing services for federal and state income tax returns as well as such additional services as printed tax returns, professionally bound tax returns, vault services, as well as other goods and services (all of which are referred to collectively as the "Products and Services").

This Site and the Products and Services provide users with access to a variety of online tax preparation goods, services and tools. However, neither the Site nor any of the Products and Services is intended to provide specific tax advice to any individual. You are encouraged to consult your own legal and/or tax professionals or the IRS with any specific questions about your own tax return(s).

License

All of Products and Services as well as all information accessed through or displayed on the Site (including but not limited to such things as all text, user interfaces, visual interfaces, sounds, graphics, computer code, expression, "look and feel," etc.) (collectively, "Content"), is owned or controlled by or otherwise licensed to FreeTaxUSA, and is protected by copyright, trade secret, and other intellectual property laws. FreeTaxUSA hereby grants to you, the user, a personal, limited, revocable, non-transferable and non-exclusive license to access the Site and to utilize the Products and Services and Content for the limited and specific purpose of preparing and/or filing users' personal, state and/or federal income tax return and those specific goods and services related thereto as made available or facilitated through the Site or the Products and Services.

Personal and Non-Commercial Use Limitation

As further set forth in the section entitled "License," the Site and all of the Products and Services are offered and provided solely for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative work from, transfer, or sell any information, products, goods or services obtained from or accessed via the Site. As a condition for your access to and use of the Site and the Products and Services, you hereby agree that you will not use the Site or any of the Products and Services for any purpose that is illegal, immoral, contrary to public law, abusive, threatening, harassing, or in any way which would or might violate the legal rights, such as rights of privacy, of any other individual or third party, or in any way contrary to these Terms of Use. Without providing an exhaustive list, examples of such unlawful and/or prohibited conduct shall include the following:

1. Engaging in the preparation and/or filing of any fraudulent tax return—whether for yourself or another;
2. The use of any computer code, data mining software, "robot," "deep-link," "page-scrape," "spider" or other automatic device, program, or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Site or any of the Products or Services offered via the Site;
3. Transmitting any material that contains software viruses, Trojan horses, worms, time bombs, or any other computer code or files which may interrupt, destroy or limit the functionality of the Site or any of the Products and Services;
4. Impersonating anyone or assuming the identity of anyone;
5. Transmitting or using any information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of FreeTaxUSA or any third party;
6. Attempting to gain access to any portion or feature of the Site or any other systems or networks connected to the Site, or any of the Products and Services offered on or through the Site, by hacking, password mining or any other illegitimate or illegal means;
7. Attempting to access, collect or store the personal data of any other users.

You agree that the intended purposes and functionalities offered by virtue of the Site and the Products and Services is for the preparation of your own federal and/or state tax returns, the e-filing of any such returns, and any other Products and Services specifically offered via this Site.

If your access of or use of the Site or any of the Products and Services violates the provisions of this section or any other section of these Terms of Use, your rights to access and/or use of the Site and any of the Products and Services offered thereon shall automatically terminate. In such event, FreeTaxUSA shall have the right to take such actions as is necessary to prevent your future use and/or access to the Site and any of the Products and Services and may cooperate with any state, federal or other law enforcement and/or regulatory agency as FreeTaxUSA deems appropriate to protect its own interests and/or the interests of other users and/or the public. You acknowledge and agree that FreeTaxUSA shall not be responsible or liable to you or any other third party by virtue of a decision to terminate your access to and/or use of the Site and any of the Products and Services, or to cooperate with any state, federal or other law enforcement and/or regulatory agency as FreeTaxUSA deems appropriate.

Fees

You agree to pay all fees incurred in connection with your use of this Site and any of the Products and Services accessed via the Site. FreeTaxUSA reserves the right to change its fee structure and/or to add new fees as it shall determine. For a current listing of the fees associated with this Site and/or the Products and Services you may click on the following link: www.FreeTaxUSA.com/software.jsp.

Failure to pay will result in access to the Site being restricted and/or the corresponding Products and Services not being fulfilled and/or delivered.

User Account, Password, and Security

If you receive and/or utilize a password and/or account designation with regard to your use of this Site and/or any of the Products and Services offered via this Site, you agree to be solely responsible for maintaining the confidentiality of your specific password and account information, and further agree that you are fully and solely responsible for all activities that occur under your password or within your account. You agree to immediately notify FreeTaxUSA of any unauthorized use of your password or account information or of any other breach of security.

Accuracy Guarantee

FreeTaxUSA cannot and does not assume any liability, claim, or loss for any user generated errors, including but not limited to data entry errors. However, FreeTaxUSA does offer an Accuracy Guarantee that the tax formulas and calculations accessed via any of the Products and Services offered on the Site are accurate and will produce results consistent with federal and state standards for preparing and/or filing tax returns. In the event any of the formulas and/or calculations utilized in any of the Products and Services offered by FreeTaxUSA are incorrect, then FreeTaxUSA will reimburse you any penalties and/or interest imposed by the Internal Revenue Service and/or your state of residence to the extent that such are imposed as a result of any such erroneous formulas and/or calculations. The Accuracy Guarantee is limited to penalties and/or interests as stated in this section and to no other amount(s).

If you believe that an above described calculation or formula error has occurred, you must notify FreeTaxUSA as soon as you are made aware of the mistake (and in no event later than 45 days after the interest or penalty is assessed) by mail at:

   FreeTaxUSA - Accuracy Guarantee
   1366 East 1120 South
   Provo, UT  84606

FreeTaxUSA will then contact you to resolve the issue. In order to investigate your issue, FreeTaxUSA requires supporting information such as a copy of the IRS/state notice, evidence of payment of the specified penalty and/or interest, etc.

Maximum Refund Guarantee

If your refund is larger or your tax liability is smaller using a different tax filing method, we will refund any fees from using our service and provide you a service code for a free amended tax return. The refund (or liability) difference cannot be due to a difference in the data supplied, credits or deductions claimed, or other variation in preparation. Calculation errors in other methods and positions contrary to the law will not qualify as valid proof for larger refund amounts.

Content

FreeTaxUSA may, but has no obligation to, monitor content posted to or generated via the Site or any of the Products and Services. We may disclose any information necessary or which we deem appropriate to satisfy our legal obligations, to protect FreeTaxUSA or our customers, or to operate or fulfill the Products and Services.

Updates

FreeTaxUSA may periodically update the Site and/or the Products and Services and/or may eliminate certain Products and/or Services as it deems appropriate in its sole discretion.

Third party Sites or Products and Services

You agree that your use of or business dealings with third parties that may be found on or throughout the Site are solely between you and such third parties. FreeTaxUSA is not and cannot be responsible or liable for any content, advertising, products, services or other materials on or available from such third-party providers. Providing links to such products and services or parties is intended as a convenience, and the inclusion of any link does not imply endorsement by FreeTaxUSA of the site or any of the products or services found on such third-party sites.

SMS Messaging

1. SMS messaging is used for multi-factor authentication for your mobile number using a One-Time PIN (OTP).
2. Only account authentication messages will be sent to you using SMS messaging or an automated voice call. Your number will not be used for promotional messages and opting out of SMS messages, once enabled, will need to be done through your account settings on the website.
3. You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that SMS messages will no longer be sent. If you want to resume service, reply "START" and we will start sending SMS messages to you again.
4. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Carriers are not liable for delayed or undelivered messages.
5. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive a new multi-factor authentication each time you register a new device or each time you sign in to our service, depending on your settings. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to support@support.FreeTaxUSA.com.
6. If you have any questions regarding privacy, please read our privacy policy: https://www.freetaxusa.com/privacy.jsp

Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, THE SITE, AND ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL PRODUCTS AND SERVICES ACCESSED THEREON ARE PROVIDED WITH NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL STATUTORY WARRANTIES, ANY AND ALL WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS, WITH ALL SUCH EXPRESS AND IMPLIED WARRANTIES BEING EXPRESSLY DISCLAIMED BY TAXHAWK. ADDITIONALLY, TAXHAWK AND ALL OF OUR DATA AND/OR SERVICE PROVIDERS DISCLAIM ANY AND ALL WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ANY OF THE PRODUCTS AND SERVICES OFFERED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFRINGEMENT OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE. TAXHAWK DOES NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES OR THROUGH THE SITE IS DONE SO AT YOUR OWN RISK AND AT YOUR OWN DISCRETION AND THAT YOU ARE AND SHALL ALWAYS REMAIN SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING SUCH MATERIAL. IN THE EVENT ANY APPLICABLE LAW REQUIRES THAT ANY SPECIFIC EXCLUSION OR EXCLUSION FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, THEN IN SUCH EVENT ANY AND ALL IMPLIED WARRANTIES ARE LIMITED TO SIXTY (60) DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE PRODUCTS AND/OR SERVICES, WHICHEVER IS SOONER. FURTHER, YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SITE AND THE PRODUCTS AND SERVICES IS IN ACCORDANCE WITH ALL APPLICABLE LAWS.

Some states do not allow the exclusion of implied warranties at all. In such an event, the exclusion from implied warranties may not apply to you specifically.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TAXHAWK OR ANY OF OUR DATA PROVIDERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE CONTENT OR OPERATIONS OF THE SITE, OR ANY OF THE PRODUCTS OR SERVICES OFFERED VIA THE SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF TAXHAWK, AND ITS SUPPLIERS, FOR ALL MATTERS OR CLAIMS RELATING TO THESE TERMS OF USE OR USE OF THIS SITE OR ANY OF THE PRODUCTS AND SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID (YOUR PURCHASE PRICE) FOR SUCH PRODUCTS OR SERVICES PLUS AN ADDITIONAL FEE OF TEN DOLLARS ($10.00). TO THE MAXIMUM EXTENT PERMITTED BY LAW TAXHAWK NOR ANY OF ITS PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. ADDITIONALLY, NEITHER TAXHAWK NOR ANY OF ITS PROVIDERS SHALL BE RESPONSIBLE TO YOU FOR ANY 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 INVESTMENTS, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET TAXHAWK'S SYSTEM REQUIREMENTS.

THE ABOVE LIMITATIONS APPLY EVEN IF TAXHAWK AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

Indemnification

You agree to indemnify FreeTaxUSA and to hold FreeTaxUSA harmless from and against any and all claims, losses, liabilities, costs and expenses (including attorneys' fees) arising out of or related to your violation of any term or condition of these Terms of Use or violation of the law or any rights of any third party, including without limitation, copyright, trademark, intellectual property, and privacy rights which may arise as a result of your use of this Site or any of the Products and Services provided therein.

Transmission

By using a computer system and our 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 respective federal and state agencies, as applicable by law, and to the transmission of your tax return(s).

Pro Support

By using Pro Support, you are accepting these terms and conditions between you and TaxHawk, Inc. ("FreeTaxUSA")

IN GENERAL

This service is available for an additional charge and requires internet access. You understand that as part of the service, a tax expert will answer your questions related to U.S. Federal tax laws (for individual Form 1040). However, state tax questions are at the expert's discretion and may change or be discontinued at any time.

Access to tax advice from credentialed CPAs or EAs is available for 12 months from the date of purchase. Access only applies to the 2022 tax return from the purchasing account and is not transferable to other accounts. Please be aware that some tax situations or topics may fall outside the scope of Pro Support as determined in the tax expert's sole discretion. Service, area of expertise, experience levels, wait times, hours of operation and availability vary, and are subject to restriction and change without notice.

WHAT IS NOT INCLUDED AND USER LIMITS

You understand that the following topics are not included in the service:

1. Local, municipal, and school district tax questions
2. Issues unrelated to the preparation of the tax return or unrelated to income taxes (i.e. sales, use, inheritance, etc.)
3. Federal non-resident questions (Form 1040NR)
4. Bankruptcy questions
5. Business incorporation questions
6. Consolidated returns
7. Legal or investment advice
8. Tax, estate, or investment planning advice

You understand the tax expert may end the communication at his/her sole discretion for the following reasons:

1. Service lasting longer than 20 minutes (to ensure a good experience for all customers)
2. It is determined that the customer is misusing or unnecessarily extending the duration of the communication

NOTICE

In accordance with Internal Revenue Guidance, any tax advice given to you, including anything provided in writing, is not intended to be used, and cannot be used, by any person or entity for the purpose of avoiding penalties imposed under the Internal Revenue Code.

The tax expert's advice is based on information that you provide to him/her. The tax expert cannot verify the information you give to him/her. If you provide incorrect or incomplete information, the advice provided to you may not be accurate. You are responsible for the preparation of your return. The tax advisor will not review your tax return and will not sign your tax return.

PRO SUPPORT GUARANTEE

FreeTaxUSA will reimburse you in the amount of the IRS or state penalty and/or interest paid by you to the IRS or state applicable to the current tax year if the IRS or state penalty and /or interest is:

1. Solely a result of your reliance on incorrect advice provided to you through Pro Support.
   1. It cannot be because of incorrect or incomplete information provided to the expert from you
   2. It cannot be because of misclassification of information on the tax return
   3. It cannot be because you did not file an amended return to avoid or reduce an applicable penalty/interest after FreeTaxUSA notified you of the incorrect advice
2. You are a registered user of FreeTaxUSA Pro Support

If the above criteria in the Pro Support Guarantee are met, you must notify FreeTaxUSA in writing at TaxHawk, Inc., FreeTaxUSA Pro Support, 1366 East 1120 South, Provo, UT 84606. FreeTaxUSA requires the following documentation:

1. Copy of the IRS/State notice
2. Evidence of payment of the specified penalty and/or interest
3. Copy of the applicable hardcopy tax return
4. Any other information FreeTaxUSA reasonably requests

YOU ARE RESPONSIBLE FOR PAYING ANY ADDITIONAL TAX LIABILITY OWED

Miscellaneous

1. Your access to the Site and the Products and Services offered by FreeTaxUSA and any dispute arising therefrom SHALL BE exclusively subject to, governed by, and construed in accordance with the laws of the State of Utah, without regard to rules of conflicts of law. Any action relating to your access and use MUST be brought in state or federal courts located in and for Utah County, State of Utah and the parties hereby irrevocably consent to the exclusive jurisdiction of, and venue in such courts as the most appropriate forum.
2. These Terms of Use, as may hereinafter be modified from time to time, constitute the entire agreement between you and FreeTaxUSA except to the extent that there may be a specific separate agreement with regard to one or more specific Product(s) or Service(s) (in which case the agreement specific to the Product(s) or Service(s) shall control), and these Terms of Use supersede all previous communications, representations or agreements, whether oral or written. FreeTaxUSA has not made any representations or statements of any kind which are not included in these Terms of Use.
3. Although FreeTaxUSA may replace or amend the terms of these Terms of Use from time to time by posting new terms, you may not modify or amend any of these Terms of Use in whole or in part without the prior written consent of the president of FreeTaxUSA.
4. FreeTaxUSA's failure to insist on strict performance of any provision of these Terms of Use shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve you from performing any subsequent obligations strictly in accordance with the terms of these Terms of Use. No waiver of any term or condition of these Terms of Use shall be effective unless it is in writing and signed by the party against whom enforcement is sought.
5. The provisions of these Terms of Use are intended to be interpreted and construed in a manner so as to make such provisions valid, binding and enforceable. In the event that any provision of these Terms of Use is determined to be partially or wholly invalid, illegal or unenforceable, then such provisions shall be deemed to be modified or restricted to the extent necessary to make such provision valid, binding and enforceable, or, if such provision cannot be modified or restricted in a manner so as to make such provision valid, binding and enforceable, then such provision shall be deemed to be excised from these Terms of Use and the validity, binding effect and enforceability of the remaining provisions of these Terms of Use shall not be affected or impaired in any manner.
6. Nothing contained in these Terms of Use shall be construed to create any partnership, joint venture, principal/agent relationship, employer/employee relationship, or any other fiduciary relationship between you and FreeTaxUSA or between you and any third party. With the exception of those specifically mentioned herein, you and FreeTaxUSA expressly disclaim the existence of any third-party beneficiaries to these Terms of Use.
7. Any dispute or claim relating in any way to these terms of use or your use of this website and/or product(s) and/or service(s) offered by FreeTaxUSA shall first be submitted to FreeTaxUSA's internal dispute claims process. You may initiate this process by submitting a claim via Customer Support through your FreeTaxUSA account. This process is offered at no cost to you.
8. In the event any claim/dispute is not resolved upon exhaustion of FreeTaxUSA's internal claims dispute process you agree that to the extent judicial involvement in any claim and/or dispute is necessary, all such claims shall be initiated and maintained by you as an individual claimant. FreeTaxUSA and you agree that the most appropriate and exclusive forum for any such claims SHALL BE in the state and federal courts located in and for Utah County, State of Utah. You agree that any and all disputes must be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Specifically, you agree to waive the right to 1) participate in a class action or litigate on a class wide basis, 2) join others to litigate your claim as a mass tort lawsuit, and 3) consolidate claims with the claims of any other person. In addition, you and FreeTaxUSA each agree that should a claim be initiated in court that there will not be a jury trial and you and FreeTaxUSA unconditionally waive any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this agreement in any way. In the event of litigation, this paragraph may be filed to show a written consent to waiver of a jury and to trial by the court. You agree that you have expressly and knowingly waived these rights. The prevailing party in any such court action shall be entitled to reimbursement of all costs, expenses and attorneys' fees incurred as a result of such action.
9. The relationship of the parties hereunder is limited to the respective rights and obligations of the parties as set forth in these Terms of Use.
10. Due to European Union (EU) and European Economic Area (EEA) regulatory requirements, we do not provide service or intentionally collect data from EU or EEA residents. By using our service, customers represent that they are not EU or EEA residents.