Terms of Service

These Terms of Service ("Terms") govern your use of Taxlytic ("we," "us," or "our"), an automated tax intake software platform. By accessing or using Taxlytic, you agree to be bound by these Terms.

1. Service Description

Taxlytic is an AI-powered tax information intake platform designed for independent tax preparers. The platform provides conversational chat intake, document upload with AI-powered data extraction, and AI Receptionist voice calls for phone-based intake. The platform operates as an Information Service Provider (ISP) under Internal Revenue Code Section 7216.

2. Eligibility and Restrictions

• Preparers: Must be 18+, hold a valid PTIN or state license/authorization as a tax preparer, and provide accurate registration information.
• Clients: Must be 18+ and invited by a registered preparer.

The service is not available to residents of OFAC-sanctioned countries (Iran, North Korea, Cuba, Syria, Crimea region). You represent that you are not on any U.S. government prohibited or restricted persons list.

3. Account Terms

• Accounts use authentication via email magic link or password.
• You are responsible for maintaining the security of your account.
• Accounts are personal, non-transferable, and non-sublicensable. You have no ownership or property rights in your account.
• One account per preparer; account sharing is prohibited.
• You must provide accurate and complete information and keep it current.
• We may suspend accounts suspected of unauthorized access or security breaches.

4. Subscription, Billing, and Auto-Renewal

Overage and add-on pricing: Beyond your plan's client limit, each additional client costs $5 with document extractions included (Standard: 3, Tax Season: 10, Premium: 15). Extra document extractions cost $1.50 each. AI Receptionist is available as an add-on: $79.99/mo (200 minutes) for Standard, $249/season bundle (600 minutes) for Tax Season, or included with Premium (200 min/mo, $0.25/min overage). Refill packs are available at $50 each.

Payments processed via Stripe. You authorize recurring charges. Your subscription auto-renews unless you cancel before the renewal date through account settings or the Stripe billing portal.

Refund policy: Full refund within 7 days of initial purchase if no intakes have been initiated. After 7 days or after initiating an intake, no refunds; access continues until end of the current billing period.

Price changes require 30 days' advance email notice. Tax Season plan intakes must be initiated before the plan expiration date.

5. Acceptable Use

You agree not to:

• Use the platform for any unlawful purpose or to facilitate fraud, money laundering, or tax evasion
• Upload malicious files, viruses, or harmful content
• Attempt to bypass rate limits, security controls, or access restrictions
• Reverse engineer, decompile, or disassemble any part of the platform
• Scrape, crawl, or use automated tools to access the platform (except authorized APIs)
• Impersonate another person or misrepresent your identity or credentials
• Collect information for purposes other than tax return preparation
• Resell, sublicense, or redistribute access to the platform
• Interfere with platform operation or other users' access
• Circumvent usage limits or intake quotas

6. Data, Privacy, and IRC Section 7216

Your use of the platform is also governed by our Privacy Policy.

Taxlytic acts as an Information Service Provider under IRC Section 7216. Tax return information is processed solely to facilitate tax return preparation. Preparers do not need Section 7216 consent from clients solely to use this platform (contractor safe harbor, 26 CFR 301.7216-2(d)(2)).

By creating an account, you represent and warrant compliance with all applicable laws governing tax return information, including IRC Section 7216 (criminal penalties up to $1,000 and/or 1 year imprisonment per violation), IRS Circular 230, the FTC Safeguards Rule (16 CFR Part 314), and applicable state privacy regulations.

Preparers must maintain their own Written Information Security Plan (WISP) covering the use of this platform.

7. AI Processing Disclaimer

Taxlytic uses AI language models for chat, document extraction, and voice AI; speech-to-text technology for voice transcription; and text-to-speech technology for AI voice responses.

AI feature availability depends on third-party AI and speech processing providers and is subject to their uptime and operational status.

8. AI Voice Receptionist Terms

• AI discloses its non-human identity at the start of every call (CA SB 1001, Maine Chatbot Disclosure Act).
• Calls are recorded and transcribed in real-time. By calling, the caller consents to recording and transcription.
• Verbal consent is obtained before collecting SSN or sensitive financial data.
• SSN patterns are automatically redacted from stored transcripts (last 4 digits retained).
• Callers may opt out of AI at any time and request a human callback.
• You (the preparer) are responsible for configuring AI greeting, voice settings, and enabling/disabling the feature.
• Taxlytic is not liable for AI misinterpretation, transcription errors, or miscaptured spoken data.
• TCPA compliance: AI Receptionist handles inbound calls and preparer-initiated outbound follow-up calls. Outbound calls are only placed when configured by the preparer for follow-up purposes. You (the preparer) are responsible for obtaining applicable consent before initiating outbound calls. All outbound calls are recorded and transcribed.

SMS/Text Messaging

If you enable SMS features, you agree to:

• Obtain TCPA-compliant prior express written consent from all recipients before sending SMS messages.
• Keep message frequency within reasonable limits.
• Include opt-out instructions in all SMS (e.g., "Reply STOP to unsubscribe").
• Honor all opt-out requests immediately.
• Exclude full SSN or unredacted sensitive data from SMS content.
• Taxlytic is not liable for SMS sent by preparers without proper consent.

9. Professional Responsibility and Tax Compliance

This is a tool, not a replacement for professional judgment. The platform does not relieve you of any professional duty, obligation, or standard of care.

• Due diligence: You remain responsible for reviewing all client information, verifying data accuracy, and ensuring tax return completeness per IRS standards.
• Circular 230: You must comply with Treasury Department Circular No. 230 governing practice before the IRS.
• Client authorization: You represent that you have obtained proper authorization from each client to collect their tax information.
• Engagement letters: This platform is not a substitute for a formal engagement letter. You are responsible for executing engagement letters independently.
• Return accuracy: You, not Taxlytic, are responsible for the accuracy, completeness, and timely filing of all tax returns.
• IRS Forms 6107/8867: You must independently comply with IRS recordkeeping (Form 6107) and due diligence (Form 8867) requirements.

10. Intellectual Property and Copyright

Taxlytic owns all rights to the platform software, design, branding, and trademarks. You retain full ownership of your client data and business information.

• We grant you a limited, non-exclusive, revocable, non-transferable license to use the platform per these Terms.
• You grant us a limited license to process your data solely as necessary to provide the service.
• Feedback: If you provide suggestions or feedback, you grant us a royalty-free, perpetual license to use them without obligation.

DMCA: Copyright infringement notices to support@taxlytic.ai with: (a) description of copyrighted work, (b) location on platform, (c) good faith belief statement, (d) your contact info, (e) statement under penalty of perjury.

11. Confidentiality

"Confidential Information" means all non-public information disclosed by either party, including client data, business plans, pricing, and technical information. Both parties agree to: (a) use it only for purposes of this agreement, (b) not disclose to third parties except as permitted (need-to-know employees/contractors, legal requirements), (c) protect with at least the same care used for own confidential information.

Excludes: publicly available information, information from third parties without restriction, and independently developed information. Upon termination, return or destroy within 30 days except as required by data retention obligations.

12. Warranty Disclaimer

• We do not warrant that the service will be uninterrupted, timely, secure, or error-free.
• We do not warrant that AI outputs will be accurate or complete.
• We do not warrant that the service will meet your specific requirements or that defects will be corrected.
• No warranty regarding third-party services used to deliver the platform.

Some jurisdictions do not allow disclaimer of implied warranties; in such cases, disclaimers apply to the maximum extent permitted by law.

13. Limitation of Liability

To the maximum extent permitted by law, Taxlytic shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, data, business, or goodwill. Taxlytic is not liable for: tax errors, missed filing deadlines, IRS or state tax penalties, incorrect AI extractions, voice transcription errors, or any consequences arising from a preparer's use of data collected through the platform.

Some jurisdictions do not allow limitation of certain damages; in such cases, liability is limited to the maximum extent permitted by law.

14. Indemnification

Preparers agree to indemnify, defend, and hold harmless Taxlytic and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• your use of the platform
• your violation of these Terms
• claims brought by your clients related to tax preparation services
• your failure to comply with applicable tax laws, IRC Section 7216, Circular 230, or the FTC Safeguards Rule
• your failure to obtain necessary client authorizations
• your breach of confidentiality obligations
• your use or misuse of AI-generated output

15. Termination and Account Inactivity

Either party may terminate at any time.

Data export: Upon cancellation, you have 30 days to export your data in JSON format via the dashboard. After 30 days, active data is deleted per our retention schedule.

Post-termination retention: Tax intake data retained for 6 years per IRS requirements, regardless of account status.

Immediate termination: We may terminate immediately for: illegal activity, platform abuse, fraud, non-payment, material breach of Terms, or regulatory non-compliance.

Account inactivity: Accounts inactive for 12+ consecutive months may be flagged for closure. We will send 30 days notice before closing inactive accounts.

Surviving provisions: Warranty Disclaimer, Limitation of Liability, Indemnification, Confidentiality, Dispute Resolution, and data retention obligations survive termination.

16. Service Availability and Force Majeure

We strive for high availability but do not guarantee specific uptime percentages.

Scheduled maintenance: we will provide advance notice when possible.

Force majeure: Neither party shall be liable for any failure or delay caused by circumstances beyond reasonable control, including but not limited to: natural disasters, acts of war or terrorism, pandemic or epidemic, government actions or orders, internet or telecommunications outages, failures of third-party service providers, power outages, or labor disputes.

Third-party dependency: Our service depends on third-party providers. We are not liable for service interruptions caused by third-party outages. If AI providers experience downtime, chat and extraction features may be unavailable. If telephony providers experience downtime, voice features may be unavailable.

17. Beta and Preview Features

We may offer features labeled "beta," "preview," "experimental," or similar.

• Beta features are provided strictly "as is" with no warranty of any kind
• Beta features may be modified, suspended, or discontinued without notice
• Data processed through beta features may not be preserved
• We have no liability for data loss or issues arising from beta feature use
• Your feedback on beta features may be used without obligation or compensation

18. Data Export and Portability

Preparers can export client intake data in JSON format via the dashboard at any time during an active subscription.

Export includes: client information, intake responses, document metadata, voice call transcripts (redacted).

30-day export window after account termination/cancellation.

After 30-day window: data subject to retention schedule and eventual deletion.

We will make commercially reasonable efforts to support data migration upon request.

19. Electronic Communications and E-SIGN Consent

By creating an account, you consent to receive all communications from us electronically (email, in-app notifications, dashboard alerts).

Electronic communications satisfy any legal requirement that such communications be "in writing."

Per the E-SIGN Act (15 USC 7001), you agree that electronic records and signatures have the same legal effect as physical documents and wet ink signatures.

You may withdraw consent to electronic communications by deleting your account, but this may prevent us from providing the service.

20. Government Requests and Legal Process

We may disclose information when required by valid legal process (subpoena, court order, search warrant, regulatory investigation). We will use commercially reasonable efforts to notify affected users before disclosure, unless prohibited by law or court order, or where notification could endanger individuals or compromise an investigation.

We will challenge overbroad or inappropriate requests where feasible. We comply with the Stored Communications Act (18 USC 2702). Nothing in these Terms prevents us from complying with applicable law.

21. Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

Informal Resolution First

Before initiating formal proceedings, you agree to contact us at support@taxlytic.ai and attempt to resolve the dispute informally for at least 30 days.

Binding Arbitration

Disputes not resolved informally shall be resolved through binding arbitration in Austin, Texas, administered by the American Arbitration Association under its Consumer Arbitration Rules.

Class Action Waiver

You agree to resolve disputes individually. You waive any right to participate in a class action, class-wide arbitration, or representative action.

Exceptions: Either party may bring claims in small claims court if qualified. Either party may seek injunctive relief for breach of IP rights, confidentiality, or unauthorized access.

Arbitration Opt-Out

You may opt out of arbitration by sending written notice to support@taxlytic.ai within 30 days of creating your account.

Attorneys' fees: In any dispute, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.

22. Notices

Notices to Taxlytic: support@taxlytic.ai or by mail to 3727 Greenbriar Dr Ste 203, Stafford, TX 77477. Notices to you via email on file or in-app notification. Notices are effective: (a) immediately if electronic, (b) 3 business days after mailing if sent by certified mail.

23. General Provisions

• Severability: If any provision is found unenforceable, it will be modified to the minimum extent necessary or severed; remaining provisions continue in full force.
• Entire agreement: These Terms, together with the Privacy Policy, constitute the entire agreement and supersede all prior agreements.
• Assignment: We may assign to an affiliate or in connection with a merger/acquisition. You may not assign without our written consent.
• Waiver: Our failure to enforce any provision does not constitute a waiver of that provision.
• No third-party beneficiaries: Only parties to this agreement may enforce its terms.
• Headings: Section headings are for convenience only and have no legal effect.
• Relationship: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.

24. Changes to Terms

Material changes: 30 days' advance notice via email plus in-app reconsent banner. You must accept updated Terms to continue using the platform.

Non-material changes: Updated "Last updated" date at the top of this page. If you disagree with changes, you may terminate your account before the changes take effect.

25. Contact Information