Terms of Use
These Terms of Use (the "Terms") are a binding legal agreement between you and AlwaysOnTax LLC, a California limited liability company ("AlwaysOnTax," "we," "our," or "us"), and govern your access to and use of alwaysontax.com, the AlwaysOnTax web application, any mobile application we may make available, and any related products, features, content, and services we provide (collectively, the "Services"). By accessing or using the Services, creating an account, or clicking a button or checking a box indicating acceptance, you agree to these Terms and to our Privacy Policy. If you do not agree, do not access or use the Services.
1. About AlwaysOnTax
AlwaysOnTax is a personal finance education platform focused on U.S. income taxes. The Services are provided for informational and educational purposes only. AlwaysOnTax currently focuses on U.S. federal income taxes and may, from time to time and in its sole discretion, expand into additional tax areas, including state and local income taxes.
2. Eligibility
To use the Services, you must be at least 18 years old, a resident of the United States, and legally able to enter into a binding contract. By using the Services, you represent and warrant that you meet these requirements and that your use of the Services does not violate any applicable law. The Services are not intended for, and may not be used by, any person under the age of 18.
3. Accounts and Security
To access most features of the Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are responsible for safeguarding your credentials, for enabling available security features, and for all activities that occur under your account. You agree to notify us promptly at legal@alwaysontax.com of any unauthorized use of your account or any other suspected security incident. We are not liable for any loss or damage arising from your failure to comply with this Section.
4. Subscriptions, Fees, and Payment
4.1 Fees and Plans
Certain features of the Services require payment of fees. The plans, features, and prices available are described on the Services and may be updated from time to time. By selecting a paid plan, you authorize us and our third-party payment processor to charge the applicable fees, together with any applicable taxes, to your chosen payment method.
4.2 Auto-Renewal and Cancellation
Paid subscriptions automatically renew for successive periods of the same length at the then-current price until you cancel. You may cancel your subscription at any time through the Services or by contacting us. Upon cancellation, your paid access will continue through the end of the then-current billing period and will not renew. We may cancel or decline to renew any subscription at our discretion.
4.3 No Refunds
All fees are non-refundable. Except as expressly required by applicable law, we do not provide refunds, credits, or pro-rated payments for any unused portion of a subscription, for cancellation, downgrade, suspension, or termination, for dissatisfaction with the Services, for failure to use the Services, or for any other reason.
4.4 Price Changes
We may change our fees at any time. We will provide at least 30 days' prior notice of any change to recurring subscription fees, and the change will take effect upon your next renewal term following such notice. Your continued use of the Services after a fee change takes effect constitutes your acceptance of the new fees.
4.5 Taxes
You are responsible for any sales, use, value-added, or similar taxes, duties, and charges applicable to your purchase of the Services, other than taxes based on our net income.
5. Scope of the Services; Important Disclaimers
You acknowledge, understand, and agree that:
- The Services are for informational and educational purposes only;
- AlwaysOnTax does not provide tax, financial, investment, accounting, or legal advice, and nothing provided through the Services is intended as, or should be relied upon as, such advice;
- AlwaysOnTax does not prepare, file, amend, sign, or submit tax returns of any kind (federal, state, local, or otherwise), and does not generate documents intended to be filed as tax returns;
- AlwaysOnTax does not represent users before the Internal Revenue Service or any other tax or governmental authority and has no role in any audit, examination, collection, appeal, or similar proceeding;
- Any figures, estimates, forecasts, projections, illustrations, scenarios, strategy descriptions, or other outputs produced by the Services are approximations generated from the information you provide, are inherently uncertain, may be incomplete or inaccurate, do not reflect your complete tax or financial situation, and are not guaranteed;
- Tax and financial laws, regulations, rulings, and interpretations change frequently and may be applied differently in your particular circumstances;
- You are solely responsible for your own tax, financial, and legal decisions, for the accuracy, completeness, and timeliness of any tax return or other filing you prepare or submit, for any payments you make or fail to make to any tax authority, and for any resulting tax, penalty, interest, or other obligation;
- You must consult your own qualified tax, financial, investment, accounting, and/or legal advisors before making any tax, financial, investment, or legal decision; and
- Your use of the Services does not create any advisor-client, fiduciary, attorney-client, accountant-client, agency, partnership, joint venture, employment, or other professional relationship between you and AlwaysOnTax.
6. Your Content and Responsibilities
You are solely responsible for the accuracy, completeness, legality, and appropriateness of any information, data, documents, and other materials you upload, enter, or otherwise submit to the Services ("Your Content"). You represent and warrant that: (a) you have all necessary rights, consents, and authority to provide Your Content to us and to grant the licenses in these Terms; (b) Your Content relates to you and to household members, dependents, and associated individuals or entities whose information you are authorized to provide; (c) Your Content does not violate any law or infringe or misappropriate any third party's rights; and (d) to your knowledge, Your Content is accurate. We are not obligated to verify, and will not independently audit, Your Content, though we may request clarification if we identify potential issues.
7. License to Your Content
You retain all rights you have in Your Content. You grant AlwaysOnTax, its affiliates, and its service providers a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, copy, process, transmit, display, analyze, modify, create derivative works of, and otherwise use Your Content for the purposes of operating, providing, maintaining, securing, evaluating, and improving the Services, including by using Your Content (including in de-identified or aggregated form) to train, fine-tune, test, and evaluate our own and our service providers' artificial-intelligence and machine-learning models and related technology. We may retain and use de-identified and aggregated data indefinitely and without restriction.
8. Acceptable Use
You agree not to, and not to allow or enable any third party to:
- Use the Services in violation of any applicable law, regulation, or third-party right, or for any fraudulent, harmful, or deceptive purpose;
- Access or use the Services on behalf of any person whose information you are not authorized to provide, or upload another person's information or documents for any unauthorized purpose;
- Copy, modify, distribute, sell, sublicense, rent, lease, or otherwise commercially exploit the Services or any content or output of the Services, except as expressly permitted;
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, models, algorithms, or underlying structure of the Services;
- Use the Services, or any output of the Services, to develop, train, or improve any product, service, or model that competes with the Services;
- Scrape, harvest, crawl, or otherwise collect data from the Services using any automated means, or use bots, scripts, or other automated tools to access the Services, except as expressly authorized by us in writing;
- Frame, mirror, or embed the Services within another website or application, or use metatags, hidden text, or similar techniques that incorporate our name, trademarks, service marks, or other proprietary materials;
- Interfere with or disrupt the integrity, security, or performance of the Services or the systems or networks used to provide them, or attempt to circumvent any security or access controls;
- Upload, transmit, or introduce any virus, worm, malicious code, or other harmful material to the Services;
- Remove, obscure, or alter any proprietary notices on the Services;
- Use the Services to harass, threaten, defame, or harm another person; or
- Use the Services in any manner not expressly permitted by these Terms.
9. Intellectual Property
The Services, including all software, technology, models, content, text, graphics, designs, user interfaces, logos, trademarks, trade names, and other materials (other than Your Content), are owned by AlwaysOnTax, its affiliates, or its licensors and are protected by intellectual property and other laws. We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for your personal, non-commercial use in accordance with these Terms. All rights not expressly granted are reserved.
10. Mobile Applications
If we make a mobile application available to you (the "App"), the following additional terms apply to your download, installation, and use of the App in addition to the other provisions of these Terms.
10.1 License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and install one copy of the App on a mobile device that you own or control and to run such copy of the App solely for your personal, non-commercial use in connection with the Services.
10.2 App Stores
The App may be made available through third-party application stores or distribution platforms (each, an "App Store"). Your access to and use of the App obtained through an App Store is also subject to the applicable App Store's terms of service, usage rules, and other policies, and you agree to comply with them. As between AlwaysOnTax and any App Store, AlwaysOnTax (and not the App Store) is solely responsible for the App and its content.
10.3 Apple App Store
If you access or download the App from the Apple App Store, you acknowledge and agree that:
- these Terms are concluded between you and AlwaysOnTax only, and not with Apple Inc. ("Apple"), and AlwaysOnTax (not Apple) is solely responsible for the App and its content;
- Apple has no obligation to furnish any maintenance or support services with respect to the App;
- in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App;
- as between AlwaysOnTax and Apple, Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, including (i) product-liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer-protection, privacy, or similar legislation;
- in the event of any third-party claim that the App or your possession or use of the App infringes that third party's intellectual-property rights, as between AlwaysOnTax and Apple, AlwaysOnTax (and not Apple) will be solely responsible for the investigation, defense, settlement, and discharge of any such claim, to the extent required by these Terms;
- you represent and warrant that (i) you are not located in a country subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; and
- Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to your license to the App, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
10.4 Google Play
If you access or download the App from the Google Play Store, you acknowledge that your use of the App is also subject to the Google Play Terms of Service. As between AlwaysOnTax and Google, AlwaysOnTax (and not Google) is solely responsible for the App and its content.
10.5 Export Controls
You may not download, install, use, or export the App in violation of U.S. export laws or regulations or any other applicable export laws or regulations, and you may not use the App for any purpose prohibited by such laws.
11. Feedback
If you submit suggestions, ideas, feedback, or other information about the Services ("Feedback") to us, you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, and otherwise exploit the Feedback for any purpose, without any obligation to you. We are not required to use Feedback, to attribute Feedback to you, or to compensate you for Feedback.
12. Third-Party Services and Materials
The Services may link to, integrate with, or otherwise make available materials, products, or services provided by third parties ("Third-Party Materials"). We do not control Third-Party Materials and are not responsible for them. Your use of Third-Party Materials is subject to the third party's terms and privacy policies, and you access or use Third-Party Materials at your own risk.
13. Privacy
Our Privacy Policy describes how we collect, use, and share information in connection with the Services. By using the Services, you acknowledge and agree to our collection, use, and sharing of information as described in the Privacy Policy.
14. Modifications and Availability of the Services
We may, at any time and without liability, modify, suspend, discontinue, or change any part of the Services, including any features, content, or functionality, temporarily or permanently. We do not guarantee that the Services will be available, uninterrupted, error-free, or secure, or that any particular feature, strategy, or capability will continue to be offered.
15. Beta and Pre-Release Features
From time to time, we may make available features, functionality, or services that are designated as "beta," "preview," "alpha," "early access," "experimental," or otherwise identified as being pre-release or for testing purposes ("Beta Features"). Beta Features are provided for evaluation purposes only, are provided "AS IS" and "AS AVAILABLE" without any warranty of any kind, and may contain errors, defects, or other issues. We may modify, limit, suspend, or discontinue Beta Features at any time in our sole discretion, and Beta Features may never become generally available. Additional terms may apply to specific Beta Features. To the maximum extent permitted by applicable law, we will have no liability arising out of or relating to any Beta Feature, and your use of any Beta Feature is at your own risk.
16. Termination
You may terminate your account at any time by using the account-deletion function in the Services or by emailing us at legal@alwaysontax.com. We may suspend or terminate your access to the Services, with or without notice, at any time and for any reason in our sole discretion, including if we believe you have violated these Terms, if you fail to pay applicable fees, if required by law, or to protect the Services, our users, or others. Upon termination, your right to access and use the Services will immediately cease, and information associated with your account will be handled, including through deletion, in accordance with our Privacy Policy and our retention practices. Sections that by their nature should survive termination (including, without limitation, the License to Your Content, Acceptable Use, Intellectual Property, Mobile Applications, Feedback, Privacy, Beta and Pre-Release Features, Disclaimers of Warranties, Limitation of Liability, Indemnification, Governing Law, Mandatory Arbitration and Class-Action Waiver, Notices, General, and any accrued payment obligations) will survive.
17. Disclaimers of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, AND ALL CONTENT, OUTPUT, ESTIMATES, FORECASTS, STRATEGIES, RECOMMENDATIONS, AND OTHER MATERIALS MADE AVAILABLE THROUGH THE SERVICES, ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, OR THAT ANY OUTPUT WILL BE ACCURATE, COMPLETE, OR RELIABLE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION OBTAINED FROM US OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; IN SUCH JURISDICTIONS, THE FOREGOING EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
18. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ALWAYSONTAX, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR USE; FOR ANY TAX, PENALTY, INTEREST, OR OTHER AMOUNT ASSESSED OR OWED TO ANY TAX OR GOVERNMENTAL AUTHORITY; OR FOR ANY COST OF SUBSTITUTE GOODS OR SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF ALWAYSONTAX AND ITS AFFILIATES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100). THESE LIMITATIONS APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS; IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The exclusions and limitations in this Section 18 do not apply to liability arising from our fraud, gross negligence, or willful misconduct, or to any other liability that cannot be excluded or limited under applicable law.
Time limit for claims. Any claim or cause of action arising out of or relating to these Terms or the Services must be commenced within one (1) year after the claim or cause of action arose; otherwise, it is permanently barred. This time limit does not apply to your payment obligations or to any claim that cannot be so limited by applicable law.
19. Indemnification
You agree to defend, indemnify, and hold harmless AlwaysOnTax, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Services; (b) Your Content; (c) your violation of these Terms; (d) your violation of any applicable law or any right of any third party; or (e) any tax, financial, investment, or legal decision you make in connection with your use of the Services.
20. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will provide notice through the Services or by other appropriate means at least 30 days before the updated Terms take effect, except where a shorter period is required by applicable law or is reasonably necessary to address security, fraud, or legal-compliance concerns, and we will update the "Effective Date" above. Your continued use of the Services after the updated Terms take effect constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Services.
21. Governing Law
These Terms and any dispute, claim, or controversy arising out of or relating to these Terms or the Services are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Subject to Section 22, the state and federal courts located in Contra Costa County, California will have exclusive jurisdiction over any dispute not subject to arbitration, and you consent to personal jurisdiction and venue in those courts.
22. Mandatory Arbitration and Class-Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
22.1 Agreement to Arbitrate
You and AlwaysOnTax agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, our advertising, or the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before or after the Effective Date (each, a "Dispute"), will be resolved exclusively through final and binding individual arbitration, except as expressly provided in Section 22.4. You and AlwaysOnTax are each waiving the right to a trial by jury or to participate in a class, collective, or representative action.
22.2 Arbitration Rules and Procedure
The arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures then in effect (the "JAMS Rules"), as modified by these Terms. The JAMS Rules are available at jamsadr.com. The arbitration will be conducted by a single neutral arbitrator. The seat and legal place of arbitration will be Walnut Creek, California, and any in-person hearing (if required) will be held there, or remotely if the parties and arbitrator agree. The arbitrator, and not any federal, state, or local court, will have the exclusive authority to resolve any Dispute, including the arbitrability of any claim, and including the validity, scope, or enforceability of this arbitration agreement. The arbitrator may award any relief that a court of competent jurisdiction could award, except that the arbitrator may not award relief on a class, collective, or representative basis. Judgment on the award may be entered by any court of competent jurisdiction.
22.3 Class-Action Waiver
YOU AND ALWAYSONTAX 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, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims of multiple parties or preside over any form of representative or class proceeding. If a court or arbitrator determines that this class-action waiver is unenforceable with respect to any claim or request for relief, then that claim or request for relief (and only that claim or request for relief) will be severed from any arbitration and brought in a court of competent jurisdiction pursuant to Section 21, and the remainder of this Section 22 will remain in full force and effect.
22.4 Exceptions
Notwithstanding the foregoing, either party may: (a) bring an individual action in small-claims court for Disputes that qualify, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction; and (b) seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual-property rights, unauthorized access to or use of the Services, or breach of confidentiality obligations.
22.5 Opt-Out
You have the right to opt out of the arbitration agreement in this Section 22. To opt out, you must send written notice to legal@alwaysontax.com stating that you wish to opt out of the arbitration provision and including your full name, the email address associated with your account, and the date. Your notice must be received by us within 30 days after you first accept these Terms (or, if you are already a user as of the Effective Date, within 30 days after the Effective Date). If you opt out in accordance with this Section 22.5, the remainder of these Terms (including Section 21) will continue to apply to you. Opting out will not affect any other arbitration agreements you may have with us.
22.6 Survival
This Section 22 will survive any termination of your account or of these Terms.
23. Notices
You agree that we may provide notices to you by email to the address associated with your account, by posting them on or through the Services, or by other reasonable means. You must provide notices to us by email to legal@alwaysontax.com. Notices are deemed given when sent. You are responsible for keeping the email address associated with your account current and valid; if the last email address you provided to us is invalid or for any other reason cannot deliver any notice we send, our dispatch of the email containing such notice will nevertheless constitute effective notice.
24. General
- Entire agreement. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and AlwaysOnTax regarding the Services and supersede all prior agreements and understandings.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable or, if modification is not possible, severed, and the remaining provisions will remain in full force and effect.
- No waiver. Our failure to enforce any provision of these Terms is not a waiver of that provision or any other provision.
- Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction. Any assignment in violation of this provision is void.
- No third-party beneficiaries. Except as expressly set forth in Section 10.3 with respect to Apple, these Terms do not confer any third-party beneficiary rights.
- Force majeure. We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control.
- Relationship. No agency, partnership, joint venture, employment, or fiduciary relationship is created by these Terms.
- Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.
25. Contact Us
If you have questions about these Terms, please contact us at legal@alwaysontax.com.