Introduction
This Terms & Conditions Agreement ("Terms") is entered into between you (an individual subscriber) and TaxMD™: TAX PLANNING SOFTWARE LLC, a Florida limited liability company doing business as TaxMD™ ("Company," "we," "us," or "our"), and governs your access to and use of our website and SaaS tax planning platform and related services (collectively, the "Services").
Acceptance of Terms
By clicking "I Agree," "Sign Up," "Create Account," "Purchase," or similar, or by accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services. Your electronic assent is the legal equivalent of your signature.
Eligibility
You must be 18 years or older and have the legal capacity to contract. By using the Services, you represent and warrant that you meet these requirements.
Services; License
The Services provide subscription-based access to informational tax planning software tools, workflows, reports, and related functionality for your personal use. The Services do not include tax return preparation, filing, bookkeeping, payroll, legal services, audit defense, IRS or state representation, or any other professional service unless separately agreed in writing.
Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal lawful personal purposes during the subscription term.
No Professional Relationship; No Reliance
Use of the Services does not create a CPA-client, attorney-client, fiduciary, or other professional relationship. Company is not your tax return preparer, enrolled agent, or IRS representative. The Services may generate automated outputs based on data you provide. You must not rely solely on these outputs as a substitute for advice from qualified independent professionals. You are solely responsible for all decisions, filings, elections, and positions you take.
User Account & Security
You are responsible for maintaining accurate account information, safeguarding your credentials, and all activity under your account. We strongly recommend enabling multi-factor authentication (MFA). Notify us immediately at support@taxmd.com if you suspect unauthorized access.
Acceptable Use
You shall not:
- Use the Services for any unlawful, fraudulent, or harmful purpose
- Reverse engineer, decompile, or attempt to derive source code or underlying ideas
- Interfere with or attempt to gain unauthorized access to the Services
- Scrape, harvest, or copy data via automated means without written authorization
- Circumvent access controls or technical restrictions
- Infringe or misappropriate any rights of any person or entity
Security Commitments
Company protects your Confidential Tax Information with:
- TLS 1.2+ encryption for all data transmitted between your device and our platform
- AES-256 encryption for sensitive data stored at rest where applicable
- MFA availability for all accounts (strongly recommended)
- Access controls, logging, monitoring, and vulnerability management
If Company becomes aware of a breach resulting in unauthorized acquisition of your Confidential Tax Information, we will notify you no later than 72 hours after we determine a breach has occurred, or as required by applicable law.
Intellectual Property
The Services and all related intellectual property are owned by Company and its licensors and protected by law. No rights are granted except the limited license above.
Privacy
Our Privacy Policy (www.taxmd.com/privacy-policy) and Cookie Policy (www.taxmd.com/cookie-policy) govern how we collect, use, and protect your personal information. By using the Services, you consent to those practices.
IRS / Tax Disclaimer; Circular 230
The Services provide informational outputs only. They do not constitute legal, tax, accounting, or other professional advice. No professional relationship of any kind is created. You may not rely on any output as a substitute for qualified professional advice. Company has no duty to update outputs after they are generated.
To the extent applicable, any U.S. federal tax information provided through the Services is not intended or written to be used, and cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code (IRS Circular 230).
Accuracy of Inputs; Automated Outputs
Outputs depend on the completeness and accuracy of data you provide. Company does not verify user inputs. You are responsible for reviewing all outputs and consulting qualified professionals before making tax filings, elections, payments, or other decisions. The platform does not prepare or file tax returns on your behalf. Automated outputs may contain errors and are not guaranteed to be correct or optimal for your circumstances.
Payments, Billing, Renewal, Cancellation
Billing
Personal subscriptions are billed to a credit card or other payment method you provide. You agree to pay all fees and applicable taxes disclosed at checkout.
Auto-Renewal
Unless you cancel before the renewal date, your subscription renews automatically for successive terms (monthly or annually) at the then-current rate.
Cancellation
Cancel in your account settings. Cancellation stops future renewals; access continues through the end of the current paid term.
Refunds
Fees are non-refundable except where required by law or as expressly stated in an applicable refund policy.
Termination; Suspension
We may suspend or terminate your access if we reasonably believe you have violated these Terms, pose a security risk, or as required by law. You may stop using the Services at any time. Upon termination, your license ends, you must stop using the Services, and any amounts owed become immediately due.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
Tax Law Changes
Tax laws change frequently. Company does not guarantee the Services reflect changes in law immediately. You are responsible for confirming the applicable law at the time of filing and consulting qualified professionals as needed.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY.
COMPANY WILL NOT BE LIABLE FOR: (A) IRS OR STATE PENALTIES OR INTEREST; (B) AUDIT, EXAMINATION, OR INVESTIGATION COSTS; (C) PROFESSIONAL FEES (INCLUDING CPA, ATTORNEY, OR ENROLLED AGENT FEES); (D) TAX RETURN OR FILING ERRORS; (E) MISSED DEDUCTIONS, CREDITS, OR ELECTIONS; OR (F) ANY TAX, FINANCIAL, OR BUSINESS OUTCOMES FROM YOUR USE OF OR RELIANCE ON THE SERVICES.
COMPANY'S TOTAL LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF: (A) THE FEES YOU PAID IN THE 12 MONTHS BEFORE THE CLAIM; OR (B) $500. THIS CAP DOES NOT APPLY TO: (I) COMPANY'S INDEMNIFICATION OBLIGATIONS; (II) DAMAGES FROM COMPANY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR (III) CLAIMS THAT CANNOT BE LIMITED BY LAW.
Indemnification
Your Indemnification of Company
You will defend, indemnify, and hold harmless Company and its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) your data/content; (c) your violation of these Terms; or (d) your infringement of any third-party rights.
Company's Indemnification of You
Company will defend and indemnify you against third-party claims alleging that the Services, as provided and used in accordance with these Terms, infringe or misappropriate any third-party intellectual property right. This does not apply to claims arising from your modification of the Services or use in violation of these Terms. Company's obligations are conditioned on your promptly notifying Company of the claim and granting Company control of the defense.
Dispute Resolution; Governing Law
Governing Law
Florida law governs these Terms, excluding conflict-of-law rules.
Binding Arbitration (AAA)
Disputes will be resolved by binding arbitration administered by the American Arbitration Association (AAA) in Sarasota County, Florida. Class action waivers apply to the extent permitted by law.
Injunctive Relief
Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property or Confidential Tax Information.
Data Ownership
You retain ownership of data you submit ("User Data"). You grant Company a non-exclusive license to host, process, and display User Data solely to provide and improve the Services.
Miscellaneous
Severability: if any provision is invalid, the remainder remains in effect. Entire Agreement: these Terms, together with the Privacy Policy and Cookie Policy, are the complete agreement regarding the Services. Assignment: you may not assign these Terms without our written consent; we may assign in connection with a business transaction. Force Majeure: Company is not liable for delays caused by events beyond its reasonable control. Contact: support@taxmd.com | 5020 Clark Rd, #202, Sarasota, FL 34233.