Terms & Conditions

This Terms & Conditions Agreement ("Terms") is entered into between you 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, including all related content, features, and services (collectively, the "Services").

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.

You agree your electronic assent (including click-wrap acceptance) is the legal equivalent of your signature and creates an enforceable contract.

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.

The Services provide subscription-based access to informational tax planning software tools, workflows, reports, and related functionality.

The Services are not a substitute for professional advice. The Services do not include tax return preparation, tax return filing, bookkeeping, payroll, legal services, audit defense, IRS or state representation, or any other professional service, unless you have a separate written agreement with Company that expressly provides such services.

Subject to these Terms and any applicable order form, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal lawful business or personal purposes during the subscription term.

Use of the Services does not create a CPA-client, attorney-client, fiduciary, or other professional relationship between you and Company.

Company is not acting as your tax return preparer, enrolled agent, or representative before the IRS or any state or local tax authority unless separately engaged under a written agreement.

The Services may generate automated information, calculations, projections, and planning outputs based on data you provide. You must not rely solely on the Services or any output as a substitute for advice from qualified independent professionals who are familiar with your specific facts and circumstances.

You are solely responsible for all decisions, actions, filings, elections, disclosures, and positions taken based on your use of the Services. Company has no duty to review, confirm, or endorse your decisions.

You are responsible for: (a) maintaining accurate account information, (b) safeguarding credentials, and (c) all activity under your account.

You must promptly notify us of any suspected unauthorized access, compromise, or security incident involving your account.

You shall not, and shall not permit any third party to:

• Use the Services for any unlawful, fraudulent, or harmful purpose;
• Reverse engineer, decompile, disassemble, or attempt to derive source code or underlying ideas except to the extent expressly prohibited by applicable law;
• Interfere with, disrupt, or attempt to gain unauthorized access to the Services, including introducing malware or conducting unauthorized security testing;
• Scrape, crawl, harvest, extract, or copy data/content via automated means (bots, spiders, or similar) except as expressly authorized in writing by Company;
• Circumvent access controls, rate limits, or technical restrictions; or
• Use the Services to infringe or misappropriate any rights of any person or entity.

Company may monitor usage as reasonably necessary to protect security, prevent abuse, and enforce these Terms.

Confidential Tax Information. The Services may process information that is confidential and sensitive, including personal identifiers and tax-related information (collectively, "Confidential Tax Information"). You agree to submit only information you have the legal right to provide and to use the Services in compliance with applicable law.

You acknowledge and agree that Company is not acting as the taxpayer’s tax return preparer unless separately engaged under a written agreement.

Compliance; Section 7216 (If Applicable). To the extent Company is treated as a provider that receives or processes taxpayer information subject to Internal Revenue Code Section 7216 and related Treasury Regulations, Company will handle such information consistent with applicable legal requirements, including limitations on unauthorized use and disclosure.

Security Program. Company maintains administrative, technical, and physical safeguards designed to protect Confidential Tax Information against accidental, unlawful, or unauthorized access, destruction, loss, alteration, or disclosure. Such safeguards may include, as appropriate:

• access controls and authentication;
• encryption in transit and/or at rest where appropriate;
• logging and monitoring;
• vulnerability management and patching practices; and
• incident response procedures.

No Absolute Guarantee. You acknowledge that no method of transmission or storage is 100% secure. While we use commercially reasonable safeguards, we do not guarantee that unauthorized access will never occur.

Your Security Obligations. You are responsible for maintaining the security of your devices, networks, and account credentials, and for using reasonable measures to protect Confidential Tax Information (including limiting access to authorized users only).

Security Incident Notice. If Company becomes aware of a breach of security leading to unauthorized acquisition of Confidential Tax Information in Company’s control, we will provide notice as required by applicable law and our Privacy Policy.

The Services (including software, interfaces, designs, text, graphics, and trademarks) and all related intellectual property are owned by Company and its licensors and are protected by law.

No rights are granted except the limited license in Section 3. You may not remove proprietary notices.

Our Privacy Policy explains how we collect, use, disclose, and process personal data and Confidential Tax Information. By using the Services, you consent to those practices, including processing of data you submit or that is collected through the Services.

We use cookies and similar technologies as described in the Privacy Policy and any cookie notice/settings we provide.

The Services may provide information, calculations, projections, and planning outputs. They are provided for informational purposes only and do not constitute legal, tax, accounting, or other professional advice.

No CPA-client relationship, attorney-client relationship, preparer-client relationship, fiduciary relationship, or other professional relationship is created by your access to or use of the Services.

Company does not provide tax return preparation or filing services and does not provide audit defense or IRS/state tax authority representation, unless Company separately agrees in a written engagement or order form that expressly provides such services.

You acknowledge and agree that you may not rely on the Services or any output as a substitute for advice from qualified independent professionals. You are solely responsible for all decisions and actions you take based on the Services.

Company has no duty to update, correct, or revise any output, content, or information once provided, including in response to changes in facts or law.

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 (consistent with IRS Circular 230).

Outputs depend on the completeness and accuracy of the data and assumptions you provide. Company does not verify, audit, or validate user inputs, and does not guarantee that inputs are complete, accurate, or appropriate for your situation.

You are responsible for reviewing all outputs, confirming assumptions, and consulting qualified professionals as needed before making tax filings, elections, payments, or other decisions.

The platform does not prepare or file tax returns on your behalf.

Certain outputs may be generated by automated rules, algorithms, or AI-assisted processing based on information you provide. Automated outputs may contain errors, omissions, or suboptimal recommendations and are not guaranteed to be correct, complete, or optimal for your circumstances.

Unless Company separately agrees in writing, automated outputs are not reviewed by a human professional before being made available to you.

If Company offers a free version or trial, access is provided as a limited, revocable license for evaluation and informational use only, subject to these Terms and any additional offer terms provided at signup.

Downloaded or exported reports are informational snapshots generated at the time of download based on then-current data and assumptions. Reports may not reflect subsequent changes in law, guidance, your input, or your circumstances.

You may not redistribute reports commercially or permit third parties to rely on them for commercial purposes without Company’s prior written consent.

Company is not liable for any third-party reliance on downloaded or exported reports.

If you purchase a subscription, you agree to pay all fees and applicable taxes disclosed at checkout or in an order form.

Auto-Renewal: Unless you cancel before the renewal date, your subscription will automatically renew for successive terms (e.g., monthly or annually), and we will charge your payment method on file at the then-current rate unless otherwise disclosed.

Cancellation: You may cancel as described in your account settings or order form. Cancellation stops future renewals and access continues through the end of the current paid term unless otherwise stated.

Refunds: Fees are non-refundable except where required by law or where an applicable posted refund policy expressly provides otherwise.

We may suspend or terminate your access immediately if we reasonably believe you have violated these Terms, pose a security risk, or if required by law. You may stop using the Services at any time.

Upon termination: (a) your license ends; (b) you must stop using the Services; and (c) any amounts owed become immediately due. Provisions that by their nature should survive will survive.

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, secure, or that outputs will be accurate or complete.

Tax laws, regulations, IRS guidance, court decisions, and state and local rules change frequently and may apply differently based on your facts and jurisdiction.

Company does not guarantee that the Services or any content will reflect changes immediately. You are responsible for confirming the law and guidance applicable to your situation at the time of filing and for consulting qualified professionals as needed.

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, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.

WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT BE LIABLE FOR (A) IRS OR STATE PENALTIES OR INTEREST, (B) AUDIT, EXAMINATION, OR INVESTIGATION COSTS, (C) PROFESSIONAL FEES OR ADVISORY COSTS (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 RESULTING FROM YOUR USE OF, OR RELIANCE ON, THE SERVICES OR ANY OUTPUTS.

COMPANY’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO COMPANY FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM (OR $100, WHICHEVER IS GREATER).

Some jurisdictions do not allow certain limitations; in that case, limitations apply to the fullest extent permitted.

You will defend, indemnify, and hold harmless Company and its affiliates, and each of their officers, directors, employees, and agents, from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your data/content; (c) your violation of these Terms; or (d) your infringement or misappropriation of any rights of any person or entity.

Governing Law: Florida law governs these Terms, excluding conflict-of-law rules.

Binding Arbitration (AAA): Except for the injunctive relief carve-out below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules. The arbitration will be conducted in Sarasota County, Florida, unless the parties agree otherwise. Judgment on the award may be entered in any court with jurisdiction.

Class Action Waiver: To the extent permitted by law, you and Company agree to bring claims only in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative action.

Injunctive Relief Carve-Out: Either party may seek temporary or permanent injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property, Confidential Tax Information, or to prevent unauthorized access, misuse, or security harm.

Venue for Court Proceedings: To the extent a dispute is permitted to be brought in court, exclusive venue will be the state or federal courts in Florida, and each party consents to personal jurisdiction there.

We may update these Terms from time to time by posting a revised version with a new "Last Updated" date (and by additional notice where required). Continued use after the effective date constitutes acceptance.

As between you and Company, you retain ownership of the data, documents, and information you submit to the Services (“User Data”). You grant Company a non-exclusive license to host, process, transmit, and display User Data solely to provide, maintain, and improve the Services and as otherwise permitted by these Terms and the Privacy Policy.

If you provide suggestions, ideas, enhancement requests, or other feedback regarding the Services (“Feedback”), you grant Company a perpetual, irrevocable, worldwide, royalty-free license to use, modify, create derivative works from, and incorporate the Feedback into the Services without compensation or obligation to you.

Services may interoperate with third-party products, services, APIs, or platforms. Company does not control and is not responsible for third-party products or services, their availability, security, or terms. Your use of third-party integrations is subject to the third party’s terms and policies.

You agree to comply with all applicable export control and sanctions laws and regulations in your use of the Services, including U.S. export laws. You represent that you are not located in, under the control of, or a national or resident of any country or region subject to comprehensive sanctions, and are not on any restricted party list, to the extent such restrictions apply to your use of the Services.

Following termination or expiration of your subscription, Company may retain User Data for a limited period as reasonably necessary for business operations, dispute resolution, legal compliance, and backups, after which Company may delete or anonymize User Data in accordance with the Privacy Policy and applicable law, unless otherwise agreed in writing.

Severability: If any provision is held invalid or unenforceable, the remainder will remain in effect.

Entire Agreement: These Terms (including any order form and policies incorporated by reference, including the Privacy Policy) are the entire agreement regarding the Services and supersede prior agreements on the subject.

Order of Precedence for CPA Firms / Enterprise Customers: If you are accessing the Services pursuant to a separate written agreement with Company (such as a Master Services Agreement), that agreement governs in the event of conflict.

Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets.

Force Majeure: Company is not liable for delays or failures caused by events beyond its reasonable control.

Contact: support@taxmd.com | 5020 Clark Rd, #202 Sarasota, FL 34233.