ProFile Tax Software
Tax Year 2024 End User License Agreement
A French copy of this End User License Agreement is available at https://www.intuit.com/legal/terms/fr-ca/accountants/profile-software-ty24/.
A French copy of this End User License Agreement is available at https://www.intuit.com/legal/terms/fr-ca/accountants/profile-software-ty24/.
Version 12102024 (Section A)
Introductory and Overview
Thank you for choosing Intuit Canada ULC. We provide a platform (the "Platform") that encompasses (1) a variety of services, including TurboTax, QuickBooks, and certain payment services that are provided by Intuit Canada Payments, Inc. (“Intuit Payments”), a registered payment service provider (each, a "Service"); and (2) installable software (including desktop and mobile applications), any accompanying documentation, and updates to such software or documentation (collectively, "Software"). Review these Terms of Service ("Agreement") thoroughly. Intuit Canada ULC, along with any parent, subsidiary, affiliate, or related companies (including those listed here and at https://www.intuit.com/legal/intuit-group-companies/) are referred to in these provisions as "Intuit", "we", "our", or "us."
This Agreement is a legal agreement between you and Intuit. By clicking "I Agree," indicating acceptance electronically, or by, installing, accessing or using the Platform, you agree to this Agreement. If you do not agree to this Agreement, then you may not use the Platform.
The provisions in Section A apply to the Platform generally and are separate from the provisions in Section B, which include additional provisions for your use of specific Services or Software. Each subsection of Section A begins with an italicized annotation that is intended to help you navigate the Agreement. The annotations do not completely summarize the Agreement, though, and you should read each section carefully and in full.
If this Agreement is being entered into by a company or another legal entity, you represent that you have the authority to enter this Agreement to bind such entity and its affiliates to these terms and conditions as its authorized representative, in which case the terms "you" or "your" will refer to such entity and its affiliates as well as you. If the legal entity that you represent does not agree with these terms and conditions, you must not accept this Agreement, register nor use or access the Platform as an authorized representative.
Regulated Service
Certain Services involve regulated money transmission services under the provisions of Canadian law; specifically under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and under the Retail Payment Activities Act (the RPAA). To the extent that your use of the Services involves money transmission or other regulated services, Intuit’s affiliate, Intuit Canada Payments Inc. provides those regulated Services.
1. AGREEMENT TO THESE TERMS
You need to agree to these terms to use our Platform. By using the Platform, you are instructing us to use your data in accordance with these terms. This data may include credit information and other information we obtain from third parties. For information on how Intuit processes your personal information see the Intuit Global Privacy Statement, which is incorporated herein by reference.
To access and/or use the Platform, you acknowledge and agree:
2. YOUR PERSONAL INFORMATION
We want to be transparent about how we use personal information and about your rights in the Intuit Global Privacy Statement. You should only provide us with personal information of others if you have received permission to do so.
You can view the Intuit Global Privacy Statement provided with the Platform and on the website for the Platform. Intuit may, as part of the Platform, use, maintain, transfer or otherwise process, your personal information in accordance with the Intuit Global Privacy Statement, and with applicable law, including the Personal Information Protection and Electronic Documents Act (PIPEDA) or relevant Provincial Data Protection statutes/regulations. This means that Intuit may use your personal information to improve the Platform or to design promotions and to develop new products or Platform. Intuit is a global company and may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.
To the extent we allow you to input personal information (as the term is defined under applicable law) about individuals other than yourself, you represent and warrant that you have complied with all applicable laws and received the proper authority or consent to allow us to collect and process such information to operate our business, to (a) use or disclose the data in accordance with the Intuit Global Privacy Statement, (b) move the data outside of the country of residence of such owner of the personal data, if applicable, (c) provide the data to Third Party Products (defined below) that you approve, and (d) otherwise use and disclose the data in accordance with this Agreement. You acknowledge and agree that Intuit may provide data in your account to any Additional Users (defined in Section B) to which that data is applicable or personal.
To help the government fight the funding of terrorism and money laundering activities, Federal law requires us to obtain, verify, and record information that identifies each person and entity who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you and the entity you represent. We may also ask to see your driver’s license or other identifying documents.
3. CHANGES
This Section does not apply to you if you are a Quebec Consumer; please refer to Section 24.
Change happens. When it does happen, we will update this Agreement. If the changes are material, you may need to accept the changes to use the Platform. Similarly, there may be circumstances where we need to update or discontinue the Platform.
We reserve the right to modify this Agreement in whole or any part, in our sole discretion, at any time, and the modifications will be effective when posted through the Platform or on our website for the Services or when we notify you by other means. It is important that you review this Agreement whenever we modify it because your continued use of the Platform indicates your agreement to the modifications.
In some cases or where otherwise required by law, you may need to accept changes to this Agreement to continue using the Platform. If you do not agree to the changes, you may stop using the Platform or terminate your account. We have the right, in our sole discretion, to revise, update, or otherwise modify, suspend or discontinue the Platform or alter your access to the Platform; and for material changes, to the extent reasonably possible, we will provide you with reasonable notice either posted on the website hosting the Platform or to the Administrator’s (as defined below) email address. Note that we may modify the amount of storage space you have through the Platform and the number of times (and the maximum duration for which) you may access the Platform in a given period of time. In the event we need to maintain the security of the system or comply with any laws or regulations, we reserve the right to modify the Platform immediately, and to provide the Administrator with electronic or written notice within thirty (30) days after any material modifications. You may reject any changes to the Platform by discontinuing use of the Platform to which such changes relate. Your continued use of the Platform will constitute your acceptance of and agreement to such changes.
4. YOUR RIGHTS TO USE THE PLATFORM
You can use our Platform for your own personal and lawful use or as otherwise permitted under this Agreement.
Subject to your compliance with this Agreement, you may access and use the Platform for your own internal, lawful and non-commercial purposes only.
5. TRIAL VERSIONS AND BETA FEATURES
We may provide you with access to beta features in the Platform. You are free to use them, but they are provided as-is.
We may include new and/or updated pre-release and trial features as part of the Platform and such features are provided as-is. Your use of such features is at no additional cost but you must follow additional rules or restrictions that we may place on their use.
6. ACCOUNT
You will provide accurate, up-to-date account information and securely manage such information.
You may need to sign up for an account to use the Platform. We will need to verify your identity and you authorize us to collect information (e.g., date of birth, address) from you to do so (collectively, with all information requested to enable your account, “Account Information”). You will provide accurate, up-to-date Account Information, and we disclaim any liability arising from your failure to do so. Such failure may further limit your ability to use the Platform and affect the Platform’s accuracy and effectiveness.
You are responsible for securely managing your password(s) for the Platform and you will contact Intuit if you become aware of any unauthorized access to your account. You will notify us immediately if you believe that your Account Information or device you use to access the Platform has been lost or stolen or that someone is using your account without your permission.
7. PAYMENT AND TAXES
Some Services may be free, others may have costs associated. For those with costs, we may charge your payment method for fees or on a subscription basis. You may cancel your subscription at any time (but you may not receive a refund).
We may require payment of fees or a subscription charge for use of the Platform (or certain portions of the Platform) and you agree to pay such fees or subscription charge. If you registered for a trial, you may need to purchase a subscription to the Platform before the trial ends in order to retain access to any Content (defined below) provided to, or created through, the Platform.
For Services offered on a payment or subscription basis, the following terms apply, unless Intuit notifies you in writing.
Payments will be billed to you in Canadian dollars or other currencies which may be made available (plus any and all applicable taxes, including without limitation GST, HST and PST, as applicable) and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
If your payment and registration information is not accurate, current, and complete, or a chargeback is processed on your account, we may suspend or terminate your account immediately, without notice, and refuse any use of the Platform. If you do not notify us of updates to your payment method, we may participate in programs supported by your card provider to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
Services are provided on a monthly or yearly subscription basis to the User (defined below) that pays for the Services. As the Administrator (defined below), you may choose whether you or another User pays for the subscription. Please review all of the details of the subscription that you purchase; some subscriptions provide access to one Service and others provide access to more than one Service.
You may be charged a subscription fee in advance on an annual basis or other recurring interval disclosed to you prior to your purchase. Intuit will automatically renew your subscriptions at the then-current rates, unless the subscription is cancelled or terminated under this Agreement. Intuit may change the price for recurring subscription fees from time to time with notice to you. If you do not agree with the price change, you may unsubscribe prior to the price change going into effect. Your payment to Intuit will automatically renew at the end of the applicable subscription period but you can cancel a subscription at any time. Subscription cancellations will take effect the day after the last day of the current subscription period. If you cancel in the middle of a subscription period, you will be able to continue to access and use the applicable Service until the end of your subscription period. We do not provide refunds or credits for any cancellations or partial subscription period.
In the event that Intuit is unable to charge a User's chosen payment method in accordance with this Agreement, we may terminate this Agreement and access to the Platform immediately, without notice. If you stop using the Platform or the applicable Services, Intuit has fulfilled your subscription term. After your access to the Platform is terminated, you may no longer have access to any of the data or Content in the Platform. We suggest you retain your own copies of any Content that you may need as Intuit is not responsible for providing you with access to your Content or the Platform after any cancellation or termination of this Agreement. Additional cancellation or renewal terms may be provided to you on the website for the Services.
8. USE WITH MOBILE DEVICE
Desktop and mobile versions of our Platform may be available for download but you must follow applicable third-party terms when using them.
The Platform may be available through one or more apps for compatible desktop computers or mobile devices. You agree that you are solely responsible for any applicable changes, updates and fees as well as complying with the provisions of your agreement with your telecommunications provider and any third-party mobile app marketplace.
With respect to the applicable Software, you are only granted limited rights to install and use the Software you have downloaded, signed up for or for which you have purchased a license or acquired a free trial. Intuit reserves all other rights in the applicable Software not granted to you in writing in this Agreement. Conditioned upon your compliance with the terms and conditions of this Agreement (including all payment obligations), Intuit grants you a personal, limited, nonexclusive, nontransferable, revocable license to use the applicable Software only for the period of use provided in the ordering and activation terms (as applicable), as set forth in this Agreement or in Intuit’s then-current product discontinuation policies (as updated from time to time) and only for the purposes described by Intuit for the applicable Software.
You acknowledge and agree that such Software is licensed, not sold.
You may make a single copy of the Software for backup purposes, provided that you reproduce on it all copyright and other proprietary notices that are on the original copy of the Software. You will not delete or in any manner alter the copyright, trademark and other proprietary rights notices or markings appearing on the Software as delivered to you.
9. OTHER PRODUCTS AND SERVICES
You may have access to professional advice and third-party products. Any such advice and products are not covered under this Agreement. We may provide you with the opportunity to transfer data to or from a third-party product subject to certain limitations.
9.1. Third Party Products and Advice. By using the Platform, you agree that we may market to you or offer you access to products or services from third parties (“Third Party Products”). If you decide to use or access any Third Party Products, you agree that you are solely responsible for your relationship with the provider of the product. Intuit is not affiliated with Third Party Products and does not endorse or recommend any Third Party Products. Except as prohibited by law, you agree that the providers of the Third Party Products, and not Intuit, are solely responsible for their own actions or inactions, and Intuit is not liable for any damages, claims or liabilities arising out of or related to any Third Party Products. You agree that you will (a) review and comply with all Third Party Product terms and conditions, and (b) not use the Third Party Product in any manner that would infringe or violate the rights of Intuit or any other party or in furtherance of criminal, fraudulent or other unlawful activity.
From time to time, we may offer specific functionality in the Platform that provides you with the opportunity to seek professional advice, for example, the ability to speak with a tax expert. Unless specifically disclosed, Intuit is not in the business of providing legal, financial, accounting, tax, health care, insurance, real estate or other professional service or advice, and you should consult with professionals for advice prior to making important decisions in these areas.
9.2 Data Transfer Service.
(a) We may provide you with the opportunity to transfer your data and Content from the Platform to certain supported online Third Party Products or other online Intuit services (the “Ancillary Services”) that you sign up for or use in connection with the Platform (the “Data Transfer Service”). You may need to be an active subscriber of the Third Party Product or Ancillary Services to use the Data Transfer Service. In order to access a Third Party Product or an Ancillary Service on your behalf to provide the Data Transfer Service, you may need to provide us with your account number, password, security questions and answers, and any other necessary log in information from time to time (“Login Details”). We will maintain your Login Details in encrypted form, and will only use them in connection with the Data Transfer Service or otherwise at your direction. You hereby represent that you have the authority to provide the Login Details to Intuit and you expressly appoint Intuit as your, or the third party who owns the Login Details’, agent with limited power of attorney to access any Third Party Products or Ancillary Services on your behalf. With respect to each Data Transfer Service, you grant Intuit the right to transfer data to the Third Party Product or Ancillary Service, and to reformat and manipulate the data as reasonably necessary for the data to function with such product or service. After the transfer occurs, the original data and Content will remain in the Platform unless we disclose to you otherwise.
(b) You agree that you will (i) review and comply with all Third Party Product or Ancillary Service terms and conditions before you access the Data Transfer Service, and (ii) not use the Data Transfer Service in any manner that would infringe or violate the rights of Intuit or any other party, or in furtherance of criminal, fraudulent or other unlawful activity. Depending on the Third Party Product or Ancillary Service you choose, you further agree and acknowledge that your data, including your personal information, may be transferred through the Data Transfer Service to another country where security and privacy controls may not be adequate for data protection. We do not guarantee that you will be able to use the Data Transfer Service with any specific products or services. You will only have access to the Data Transfer Service during the period for which you have paid for a subscription. Third Party Products may make changes to their websites, with or without notice to us, that may prevent or delay the overall performance of the Data Transfer Service.
9.3 Data Receipt Service.
(a) We may provide you with the opportunity to transfer certain data from a Third Party Product or an Ancillary Service to the Platform (the “Data Receipt Service”). You may need to be an active subscriber of the Third Party Product or Ancillary Services to use the Data Receipt Service. In order to access a Third Party Product or an Ancillary Service on your behalf, you may need to provide us with your Login Details. We will maintain your Login Details in encrypted form, and will only use them in connection with the Data Receipt Service or otherwise at your direction. You hereby represent that you have the authority to provide the Login Details to Intuit and you expressly appoint Intuit as your, or the third party who owns the Login Details’, agent with limited power of attorney to access any Third Party Products or Ancillary Services and retrieve data on your behalf. With respect to each Data Receipt Service, you grant Intuit the right to transfer data to the Platform, and to reformat and manipulate your data as reasonably necessary for the data to function with the Platform. After the transfer occurs, your original data and Content may not remain in the Third Party Product or the Ancillary Services; please review the terms of those products and services to confirm.
(b) You agree that you will (i) review and comply with all Third Party Product and Ancillary Service terms and conditions before you access the Data Receipt Service to ensure that you are permitted to provide us with your Login Details, the consequences of providing your Login Details to us, as well as the liability that may result from the disclosure of Login Details to us, and (ii) not use the Data Receipt Service in any manner that would infringe or violate the rights of Intuit or any other party, or in furtherance of criminal, fraudulent or other unlawful activity. In the event that any Third Party Product charges for access to data, you agree that you are responsible for any fees due and owing. You agree that the providers of the Third Party Products, and not Intuit, are solely responsible for their own actions or inactions. Intuit is not liable for any damages, claims or liabilities arising out of or related to any Third Party Products. (c) We do not guarantee that you will be able to use the Data Receipt Service with any specific products or services. You will only have access to the Data Receipt Service during the period for which you have paid for a subscription. Third Party Products may make changes to their websites, with or without notice to us, that may prevent or delay aggregation of data or the overall performance of the Data Receipt Service. Your most recent data from a Third Party Product or Ancillary Service may not always be available in the Platform. Any data obtained through the Data Receipt Service will be made available in the Platform, and will be subject to the terms and conditions of this Agreement, including the Intuit Global Privacy Statement.
9.4 Third Party Code. The Platform uses PDF Tron technology (“Third Party Code”), which is subject to the following additional license terms. You agree that you (a) will use the Third Party Code only as an integral component of the Platform; (b) will not use the Third Party Code for development, compilation, debugging and similar design-time purposes; (c) will not reverse-compile or decompile, analyze, reverse-engineer, reverse-assemble or disassemble, unlock or otherwise attempt to discover the source code or underlying algorithms of the Third Party Code or attempt to do any of the foregoing in relation to the object code of the Third Party Code; and (d) will not modify, adapt, translate or create any derivative works of the Third Party Code or merge the Third Party Code into any other software.
9.5 Service Providers. We may use third parties in the operation of our Platform or to perform any of our obligations in this Agreement (each a “Service Provider”). In order for our Service Providers to be able to provide you with certain aspects of the Platform, we may share a limited amount of your data or Content with such Service Provider. Our agreements with Service Providers outline the appropriate use and handling of this information and prohibit the Service Provider from using any of your information for purposes unrelated to the Platform.
10. CONTENT AND DATA
What’s yours remains yours, what’s ours remains ours, but we may use information you provide to improve our Platform.
You are solely responsible for anything you write, submit, receive, share and store or any data you input into the Platform (collectively "Content"). Content includes but is not limited to data, information, materials, text, graphics, images, audio and video that are uploaded, transmitted, posted, generated, stored, or otherwise made available through the Platform. You have no obligation to provide any Content to the Platform, and you are free to choose the Content that you want to provide. You acknowledge certain functionality in the Platform may be dependent on the provision of Content and may not be available without such Content.
Content remains yours, which means that you retain any intellectual property rights that you have in your Content. By sharing your Content in connection with the Platform, you hereby grant Intuit a license to use your Content as described in more detail below.
10.1 What's covered.
This license covers your Content to the extent your Content is protected by intellectual property rights.
10.2 Scope. This license is:
10.3 Rights. This license allows Intuit to:
10.4 Purpose. This license is for the limited purpose of:
Operating, providing and improving the Platform, which means allowing the Platform to work as designed and creating new features and functionalities.
10.5 Duration. This license lasts for as long as your Content is protected by intellectual property rights.
Intuit may collect, derive or generate deidentified and/or aggregated data regarding your usage of or the performance of the Platform, including data derived from your Content. Intuit will own all such data and may use this data without restriction, including, but not limited to, operating, analyzing, improving, or marketing Intuit’s products and services, including the Platform.
As between you and Intuit, Intuit and its licensors retain all right, title or interest in and to the Platform, except for the rights granted to you.
You may have the opportunity to share your data, Content, or ways in which you aggregate data (“Account Content”) with other users of the Platform, other Intuit customers, and other third parties. When sharing any Account Content, you agree not to share any confidential information. If you have the option of accessing another user’s Account Content, you understand and agree that the Account Content is being provided by that user, and not Intuit, for information and guidance purposes only, and Intuit and such users are not responsible in any way for your use of the Account Content.
11. PROHIBITED USES
We expect you to obey the law and follow certain rules in using the Platform.
We take copyright seriously at Intuit. We respect the copyrights of others and expect you to do the same. If you repeatedly infringe the copyrights of others, we may terminate your account.
Intuit may terminate your use of the Platform based on our reasonable suspicion that your activities, business or products are objectionable or promote, support, or engage in any of the prohibited uses described above.
Intuit may, but has no obligation to, monitor access to or use of the Platform or Content or to review or edit any Content, including, without limitation, for the purpose of operating the Platform, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. We may disclose any information necessary to satisfy our legal obligations, protect Intuit or its customers, or operate the Platform properly. Intuit, in its sole discretion, may refuse to post, remove, or refuse to remove, or disable any Content, in whole or in part, that is alleged to be, or that we consider to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
12. COMMUNITY FORUMS; FEEDBACK
You may be able to communicate with others through our Platform but please be respectful. Suggestions you provide for improving our Platform may be used freely by us.
The Platform may include community forums or other social features to enable you to exchange Content and information with other users of the Platform and the public. Intuit does not support and is not responsible for the Content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Intuit is not responsible.
You may provide Intuit your feedback, suggestions, or ideas for the Platform. You grant Intuit a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use your feedback suggestions, and ideas in any way, including in future modifications of the Platform, other products or services, advertising or marketing materials.
13. TERMINATION
Intuit may suspend or terminate your use of the Platform and may terminate this Agreement for certain reasons.
Intuit may, in its sole discretion, and without notice, restrict, deny, terminate this Agreement or suspend the Platform, related or other services, effective immediately, in whole or in part, if we determine that your use of the Platform violates the Agreement, is improper or substantially exceeds or differs from normal use by other users, raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues; to protect the integrity or availability of the Platform or systems and comply with the applicable Intuit policy; if you no longer agree to receive electronic communications; or if your use of the Platform conflicts with Intuit's interests or those of another user of the Platform.
In addition to the foregoing, Intuit may terminate this Agreement immediately if: (i) you become insolvent, or are generally unable to pay your debts as they become due, or you make an assignment for the benefit of your creditors or seek relief under any bankruptcy, insolvency, or debtor’s relief law; (ii) you file a voluntary petition in bankruptcy or proceedings are commenced against you under any bankruptcy, insolvency, or debtor relief law; (iii) a receiver is appointed for you or your material assets; (iv) you are liquidated or dissolved or cease operations; or (v) we receive notice of your bankruptcy, insolvency or similar arrangement.
14. EFFECT OF TERMINATION
You must stop using the Platform once your subscription expires or you cancel your account (or if this Agreement or your account is terminated), unless you are a Quebec Consumer, in which case this Section does not apply to you.
Upon expiration of your subscription or cancellation of your account, or Intuit’s termination of your account or this Agreement, you must immediately stop using the Platform and pay all fees for Services used. No expiration or termination will affect your obligation to pay all fees due or that may have accrued through the effective date of expiration or termination or entitle you to any refund. Except for consumers in Quebec, Intuit may terminate a free account at any time. If you are a Quebec Consumer refer to Section 24.
15. SURVIVAL
There are a few parts of this Agreement that will continue to apply after termination.
The following Sections will survive any termination, discontinuation or cancellation of the Platform, your account or this Agreement: “Your Personal Information,” “Payments and Taxes” (with respect to fees due and unpaid), “Content and Data,” “Community Forums; Feedback,” “Effect of Termination,” “Disclaimers,” “Limitations of Liability,” “Indemnification,” “Disputes,” “General,” “Contact Information,” and “Province Specific Terms” (to the extent such terms modify terms in one of the sections referenced in this paragraph for Quebec Consumers), as well as any other provisions that express survive such termination, discontinuation or cancellation.
16. INTUIT COMMUNICATIONS
We may contact you from time to time to support your use of the Platform.
In order to properly support and serve you, we occasionally need to reach out and contact you, and may do so in a variety of ways such as via text message, email or messaging functionality in the Platform. We want to provide you with options for receiving communications from us, and as such you may opt-in or opt-out of receiving certain types of communications from us or sign up to receive certain kinds of messages from us, depending on the Service. You will need to notify us of any changes to your contact details to ensure your preferences are updated.
17. DISCLAIMERS
We don’t make any warranties about the Platform except as expressly stated in this Agreement.
IF YOU ARE A QUEBEC CONSUMER, THIS PROVISION IS NOT APPLICABLE TO YOU; PLEASE REFER TO SECTION 24.
YOUR USE OF THE PLATFORM, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE PLATFORM IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT, ITS AFFILIATES AND ITS AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS AND SUPPLIERS (COLLECTIVELY "SUPPLIERS") DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCUDING ANY WARRANTY OR CONDITION THAT THE PLATFORM IS FIT FOR A PARTICULAR PURPOSE, OR OF TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OR NO MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY RIGHTS, OR OF THE ACCURACY, RELIABILITY, OR QUALITY OF CONTENT IN OR LINKED TO THE PLATFORM. INTUIT AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE PLATFORM IS SECURE OR FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT, OR DESTRUCTION. IF THE EXCLUSIONS FOR ANY IMPLIED WARRANTIES OR CONDITIONS DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES OR CONDITIONS ARE LIMTED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF ACCESS TO THE PLATFORM, WHICHEVER IS SOONER. SOME PROVINCES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM PROVINCE TO PROVINCE.
INTUIT, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE PLATFORM WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
INTUIT DOES NOT REPRESENT THAT THE PLATFORM AND/OR CONTENT WITHIN THE PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN ALL JURISDICTIONS OR COUNTRIES. INTUIT PROHIBITS ACCESSING CONTENT FROM WITHIN COUNTRIES OR STATES WHERE SUCH CONTENT IS ILLEGAL. YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS PERTAINING TO YOUR USE AND ACCESS TO THE PLATFORM IN YOUR JURISDICTION.
WITHOUT LIMITING THE FOREGOING, INTUIT DOES NOT GIVE PROFESSIONAL ADVICE. UNLESS SPECIFICALLY INCLUDED WITH THE PLATFORM, INTUIT IS NOT IN THE BUSINESS OF PROVIDING LEGAL, FINANCIAL, ACCOUNTING, TAX, HEALTH CARE, REAL ESTATE OR OTHER PROFESSIONAL SERVICES OR ADVICE. CONSULT THE SERVICES OF A COMPETENT PROFESSIONAL WHEN YOU NEED THIS TYPE OF ASSISTANCE.
18. LIMITATION OF LIABILITY
Our liability is limited when it comes to issues you may encounter with our Platform.
IF YOU ARE A QUEBEC CONSUMER, THIS PROVISION IS NOT APPLICABLE TO YOU; PLEASE REFER TO SECTION 24.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF INTUIT, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, INTUIT, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) 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 INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET INTUIT SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF INTUIT AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF INTUIT, ITS AFFILIATES AND SUPPLIERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE PLATFORM AND ITS USE.
19. INDEMNIFICATION
If someone sues us because you used the Platform unlawfully or didn’t follow our rules, you will be responsible for any harm to us.
You agree to indemnify and hold Intuit, its Affiliates and Suppliers harmless from any and all losses, damages, judgments, fines, costs and expenses (including legal fees) in connection with any claims arising out of or relating to your use of the Platform or violation of this Agreement (collectively referred to as "Claims"). Intuit reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Intuit in the defense of any Claims.
20. DISPUTES
In the event we are unable to resolve any dispute through an informal dialogue, a third-party arbitrator will help us resolve any disputes we might have, and any disputes will be resolved on an individual basis rather than as a class action, unless you are a Quebec Consumer.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, all disputes, controversies or claims in connection with this Agreement or breach thereof, shall be determined by arbitration administered by ICDR Canada in accordance with its Canadian Arbitration Rules. The number of arbitrators shall be one, the place of arbitration shall be the City of Toronto, Ontario, Canada and the language of the arbitration shall be English. The award by the arbitrator shall be final and binding on the parties and the arbitration process shall be confidential. Each party will be responsible for its own costs of arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be brought in the parties' individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. This Section shall survive expiration, termination or rescission of this Agreement.
21. LANGUAGE
The English-language version of this Agreement controls unless you are a Quebec Consumer.
If you are a Quebec Consumer, this provision is not applicable to you; please refer to Section 24. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern.
22. GENERAL
22.1 Governing Law.
The laws of the Province of Ontario govern this Agreement and any disputes that may arise, unless you are a Quebec Consumer.
If you are a Quebec Consumer, this provision is not applicable to you; please refer to Section 24. The Province of Ontario and the federal laws of Canada govern this Agreement without regard to its conflicts of laws provisions. You agree to the exclusive jurisdiction of the Province of Ontario and the Courts of the Province of Ontario. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
22.2 Export and Trade Restrictions.
You are allowed to use the Platform under the laws of Canada and other applicable territories. The Platform shall not be exported to countries that are embargoed by the Canadian government.
You acknowledge that the Platform, including the mobile application, and the underlying software is subject to restrictions and controls imposed by the Export and Import Permits Act (Canada) and regulations under the Export and Import Permits Act as well as the U.S. export controls regulations administered by the U.S. Department of Commerce (15 CFR, Chapter VII) and that you will comply with all applicable laws and regulations. You will not export or re-export any part of the Platform, in violation of the Canadian and U.S. export administration laws and regulations, directly or indirectly. You further acknowledge that the underlying software may include technical data subject to such Canada and U.S. export regulations.
22.3 Force Majeure.
Intuit’s performance is excused for Force Majeure events.
Any delay in or failure of performance by Intuit under this Agreement will not be considered a breach of this Agreement and will be excused to the extent caused by any occurrence beyond its reasonable control, including, but not limited to acts of God, power outages, failures of the Internet, or failures of banking or Payments Canada networks.
22.4 Waiver.
If we waive some of our rights under this Agreement, it doesn’t mean we waive our rights in other circumstances.
Intuit’s failure to act or enforce any of its rights does not constitute a waiver of any of our rights. Any waiver by Intuit of any of the provisions in the Agreement must be made in writing and signed by a duly authorized officer of Intuit.
22.5 Entire Agreement; Severability.
If a court voids a term of this Agreement, the other terms will not be affected.
This Agreement, including the Section B terms below, is the entire agreement between you and Intuit regarding its subject matter and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable.
22.6 Assignment.
You can’t transfer this Agreement or your right to use the Platform to someone else without our permission.
You may not assign your rights under this Agreement, under operation of law or otherwise, without Intuit's consent. Any attempts to do so without Intuit's consent will be null and void. Intuit may assign or transfer this Agreement without your consent to any party.
23. CONTACT INFORMATION
If you have any questions about the Platform or this Agreement, please contact Intuit support.
24. PROVINCE SPECIFIC TERMS
Certain terms in this Agreement are modified for Quebec Consumers.
If you are an individual residing in the Province of Quebec and you are not using the Platform for the purposes of a business ("Québec Consumers"), the following terms apply to you:
24.1 Disclaimer of Warranties.
The sole warranty applicable to this Agreement and the Platform is the legal warranty provided under the Civil Code of Québec and any warranty provided for under the Consumer Protection Act (Québec).
24.2 Limitation of Liability.
SUBJECT TO APPLICABLE LAW, INTUIT AND ITS SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET INTUIT SYSTEMS REQUIREMENTS.
24.3 Changes.
The provisions relating to the Platform, the price and payment terms for the Platform, the party providing the Platform, renewal and termination rights, and any provision of the Intuit Global Privacy Statement may be modified or amended upon thirty (30) days prior written notice setting out (i) the new clause or the amended clause and the clause as it read formerly, and (ii) the date of the coming into force of the modification or amendment. If we do not allow you to maintain this Agreement unamended, you will have the right to terminate this Agreement thirty (30) days after the effective date of the modification or amendment.
We have the right, in our sole discretion, to revise, update, or otherwise modify, suspend or discontinue the Platform or alter your access to the Platform; and for material changes, to the extent reasonably possible, we will provide you with reasonable notice either posted on the website hosting the Platform or to the Administrator’s (as defined below) email address. Note that we may modify the amount of storage space you have through the Platform and the number of times (and the maximum duration for which) you may access the Platform in a given period of time. In the event we need to maintain the security of the system or comply with any laws or regulations, we reserve the right to modify the Platform immediately, and to provide the Administrator with electronic or written notice within thirty (30) days after any material modifications. You may reject any changes to the Platform by discontinuing use of the Platform to which such changes relate. Your continued use of the Platform will constitute your acceptance of and agreement to such changes.
24.4 Termination.
Termination of this Agreement by Intuit without default by you is only effective upon sixty (60) days prior written notice.
24.5 Governing Law.
This Agreement shall be governed by the laws of the Province of Québec and the laws of Canada applicable therein. You agree to the exclusive jurisdiction of the Province of Quebec and the Courts of the Province of Quebec. You are accessing the Platform on your own initiative and you are responsible for compliance with all applicable laws.
24.6 Language.
This Agreement is available in both French and English language versions. You hereby confirm that you have requested that this Agreement and all related documents be drafted in English, that you have been provided with a French language version of this Agreement and that you have agreed to be bound by the English language version of this Agreement. La présente convention est disponible en français et en anglais. La version française est accessible en cliquant ici. Vous confirmez par la présente que vous avez demandé que la présente convention et tous les documents y étant afférents soient rédigés en anglais, que vous avez reçu une version française de la présente convention et que vous avez accepté d'être lié par la version anglaise de la présente convention.
In the event of a conflict or inconsistency between the terms in other sections of this Agreement and this Section 24, the terms of this Section 24 shall apply.
Version 12102024
IMPORTANT NOTICE:
Use Limitations: Your use of the Services (as defined in the Section A Terms) and described below are subject to the Section A Terms above and these Additional Terms and Conditions (“Section B Terms''). These Section B Terms will prevail over any conflict or inconsistency with the Section A Terms.
Personal Information: You can view Intuit’s Global Privacy Statement provided with the Software and on the website for the Software. You agree to the applicable Intuit’s Global Privacy Statement, and any changes published by Intuit. You agree that Intuit may use and maintain your data according to the Intuit’s Global Privacy Statement, as part of the Software. This means that Intuit may use your personal information to improve the Software or to design promotions and to develop new products or services for you, including developing insights about you and others whose personal information you may input into the Software and for analysis to improve, design and/or develop the Software. When you use the Software to enter the personal information of another, you agree that you have the rights and/or permissions to do so. Intuit is a global company and may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.
As such, some personal information, including tax returns from Tax Year (defined in Part B, Section 3.4 below) may be accessed or shared within Intuit and stored in countries outside of your country to the extent permitted by applicable law. 'Tax return information' excludes non-personally identifiable information concerning your use of the Intuit tax products – e.g. which screens you viewed.
Intuit will follow internally set guidelines and use care in the disposal, destruction, or de-identification of personal information to prevent unauthorized parties from gaining access to personal information.
1. SERVICES
The Agreement governs your use of 2024 TAX YEAR INTUIT PROFILE TAX SOFTWARE
2024 Tax Year Intuit ProFile Tax Software (the “Software” or “ProFile”) is a professional tax preparation software that enables the preparation and filing of personal and business tax returns with the Canada Revenue Agency (“CRA”). The Software includes but is not limited to OnePay, ProFile 20, and other bundles, packages or suites.
If you elect to use the Software, the following additional terms in this Section B apply.
2. LICENSE KEY
2.1. The Software requires a valid license key (“License Key”) to install and run the Software and any trial version of the Software. The trial version of the Software is available for a limited evaluation period and does not include print and e-file functionality.
2.2. When you order the Software online or by contacting Intuit at 1-888-336-4963 (English) or 1-888-233-5021 (French), you will receive an email from Intuit with the License Key.
To complete activation with the License Key, you will need to be online to activate the Software by selecting Help > Manage License from the ProFile menu.
2.3. If the Software is delivered by electronic transmission, the Software shall be deemed delivered on the date that Intuit makes the Software available for you to download.
2.4. If you have purchased the right to use the Software and decide to evaluate on a trial-basis one or more other ProFile applications, you will need to be online and enter the associated trial License Key by selecting Help > Manage License from the ProFile menu.
2.5. For answers to common installation questions, go to the Intuit support website. If you do not find a solution, please contact Intuit by calling 1-800-452-9970 in order to resolve any problems you may encounter when installing the ProFile Software.
3. LICENSE GRANT AND RESTRICTIONS OF USE
3.1. Subject to your compliance with this Agreement, Intuit hereby grants you a non-exclusive, personal, non-transferable, limited revocable license to access and use the Software, subject to proper registration and payment of applicable fee(s), solely to prepare, file electronically and/or print valid Canadian tax return(s). All rights not specifically granted herein are reserved by Intuit. The Software is licensed, not sold, for your use. YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN LICENSE GRANTED TO YOU UNDER THIS AGREEMENT, YOU SHALL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN ANY SOFTWARE, PRODUCT OR SERVICE PROVIDED HEREUNDER, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL PROPRIETARY RIGHTS IN AND TO ANY SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREUNDER AND LEGAL TITLE THERETO ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF INTUIT OR ITS LICENSORS.
3.2. Softway may only be installed and used at the single physical location designated as your primary business firm address indicated in the Software and designated in Intuit’s records (the primary firm address is referred to as the “Licensed Location”).
3.3. A ProFile license entitles you (and/or your additional authorized users up to the number of additional licenses you purchase), to access and use the Software on a computer (or number of computers corresponding to the number of additional licenses purchased) to prepare and print or e-file an unlimited number of tax returns with the tax forms included in your Software license at one Licensed Location. Use or attempted use of the Software or this license by you or by multiple or additional users beyond the maximum number permitted by the license or additional user licenses purchased or location other than the Licensed Location is strictly prohibited. Additional users and licenses may be added on a tiered pricing basis. Refer to https://profile.intuit.ca/ for more information.
Additionally, Intuit offers additional Software licenses:
(a) OnePay. OnePay licenses allow a single user to prepare and print or e-file a single federal and related provincial tax return. No multiple-user site license is available for OnePay. Under a single user license, one user can load the Software onto one computer for use solely by that licensed user at one Licensed Location. Returns for additional clients may be prepared after paying another OnePay license fee for each additional tax return. Obtain a OnePay license from within ProFile, by selecting to open a new return. If you do not have a ProFile license for the type of file selected, you will need to connect to our website where you may purchase a OnePay license online. There is no OnePay license option for ProFile FX or ProFile FX/Q.
(b) ProFile 20. ProFile licenses allow a single user to prepare and print or e-file up to 20 federal and related provincial T1 tax returns. No multiple-user site license is available for ProFile 20. Under a single user license, one user can load the Software onto one computer for use solely by that licensed user at one Licensed Location. Returns for additional clients may be prepared after upgrading to an unlimited ProFile license or paying for a single OnePay license fee for each additional tax return. ProFile 20 may be purchased from our website (www.profile.intuit.ca) or by contacting Intuit.
(c) Trial License. The Software may be downloaded from our website (www.profile.intuit.ca) for evaluation purposes for a specified trial period. A trial License Key will be sent by email. Under a Trial License, one user can load the Software onto one computer for the sole purpose to assess the Software. Trial License and trial Software does not include print and e-file functionality for returns.
3.4. The Software relates to 2024 Tax Year or corresponding Service Period (each defined below) and access to Software for any subsequent Tax Years or Service Period requires a separate end user license agreement and payment of the then-current license or applicable subscription fee.
As used in this Agreement:
“Tax Year” means the year for which income and expenses are reported using the Software. For example, a tax return is typically filed in the current calendar year to report income and expenses for the immediately preceding year or prior Tax Year(s).
“Service Period” means the calendar year January 1, 2025 to December 31, 2025 for the 2024 Tax Year Software, unless otherwise stated herein. Access to Software and all or portions of the ProFile Services for the current Service Period may be available immediately after purchase and before the Service Period officially begins, including to users who purchased a Software license for the prior Tax Year and have also purchased a 2024 Tax Year Software license. The Service Period for customer and product support and Software updates for the 2024 Tax Year Software ends on December 31, 2025 for T1 Software and November 30, 2025 for T2 Software. However, you may be able to continue e-filing with the Software so long as T1 or T2 e-filings are accepted by the CRA or applicable taxing authority, as further described in Section 6.2.
3.5. The tax forms supported by your Software depends on the version of the Software, bundle or package you purchase. For example, OnePay supports T1, T1/TP1, T2, T2/CO17 and T3/TP646; ProFile 20 only supports T1 and T1/TP1; and unlimited modules support T1, T1/TP1, T2, T2/CO17, T3, TP646, FX, FXQ, T1-T2 bundles, Federal Suites (T1, T2, T3 & FX) and Quebec Suites (T1/TP1, T2/CO17, T3/T646 and FX/Q). Intuit, in its sole discretion, determines the tax forms to be included in the Software. For any forms that are considered optional by the taxing authority, Intuit will determine whether to provide such forms, at its discretion. Certain optional forms may not be provided in the Software.
3.6. Intuit shall have the right at any time, at its sole and absolute discretion, to change or add to the terms of this Agreement at any time and to change, modify, add, delete, discontinue or impose conditions on any feature or aspect of the Software or its use or the ProFile Services (defined in Section 6.1 below), including Internet-based service options, pricing, technical support options, product-related policies, Software or Profile Services operating interfaces, and the hardware and computer system specifications necessary to operate the Software or ProFile Services, upon notice by any means Intuit determines in its sole discretion to be reasonable, including sending you an email notification or posting information concerning any such change, modification, addition, deletion, discontinuance or conditions in the Software or any Intuit sponsored website, including https://profile.intuit.ca/.
3.7. Restrictions: You are not licensed or permitted under this License Agreement to (and you agree you will not) do any of the following: (a) Install the Software on computers that are accessible to more than the number of users authorized by your Software license as described in Section 3.3 above, or outside of the Licensed Location; (b) Make the Software available on any file-sharing or application hosting service; or (c) Remove, obscure, or alter any Intuit patent, copyright, trademark or other proprietary rights notices.
3.8. Any person who received the Software through any of the prohibited methods set forth in this Agreement, or through any method other than purchasing a license to use the Software from Intuit or an Intuit authorized reseller, is not authorized to use such Software.
3.9. If you violate any of the terms in this Section, your license to use the Software under this Agreement may be terminated by Intuit in its sole discretion.
4. YOUR RESPONSIBILITIES; USE OF YOUR PROFILE DATA
4.1. Your Responsibilities.
(a) You understand and agree that all decisions regarding the tax treatment of items reflected on tax returns prepared by you using the Software are made solely by you and that use of the Software, does not relieve you of responsibility, including those to any third party, for the preparation, content accuracy, and review of such returns. You acknowledge that you are not relying upon Intuit for advice regarding the appropriate tax treatment of items reflected on returns processed using the Software. You agree to review any computations made by the Software and satisfy yourself that those computations are correct.
(b) You accept full responsibility for: (i) determining whether the Software will achieve the results you desire; (ii) your use of the Software and all results obtained from the Software; (iii) procuring, installing and operating the recommended computer and operating system to run the Software; (iv) providing a proper environment and proper utilities for the computer on which the Software operates (including in many cases Internet access for third party services and other services); (v) ensuring that you and your personnel have adequate training to operate the computer and are familiar with the accounts and records that serve as input and output for the Software; (vi) establishing adequate operational backup provisions in the event of a defect or malfunction that renders the Software or the computer system on which it runs non-operational; and (vii) selection, use of, and results obtained from any other programs, computer equipment or services used with the Software. You also accept full responsibility for any and all liability arising from the preparation of tax returns processed using the Software.
(c) You accept full responsibility for obtaining any client and other third party consents or authorizations (in compliance applicable law, regulation and governmental licenses) in connection with your use of any services offered in connection with or accessible through the Software (including the transmission to, or processing, storage or retransmission by, Intuit of client tax return information), and hereby represent that it has or will obtain such consents or authorizations. You agree that Intuit is not and shall not be responsible for retaining records of your clients' tax information, tax returns or other client data, and you hereby release Intuit and its affiliates from, and agree to indemnify Intuit and its affiliates for any liability or damages arising out of, or relating to, the loss of any such data. Notwithstanding the foregoing, Intuit and its affiliates may retain certain client data as may be required by law or otherwise for its own administrative and business purposes, which may include testing, improving, and developing Software functionality, as well as statistical analysis of such data. Intuit is not required or obligated to provide you with copies of this information.
(d) You are solely responsible and liable for the security of the Software and controlling any access or use thereof including, but not limited to, the designation of systems administrators, account passwords and the designation of any bank account information where proceeds from bank products are deposited. You are responsible for protecting the information on your computer(s) such as by installing anti-virus software, updating your software, password protecting your files, and not permitting third party physical or
4.2. Use of Your ProFile Data. The Software is a web-enabled desktop product that requires Internet connectivity to enable activation, deliver product updates and features, messages, service information, and help content. With consent obtained within the product, we may also collect data about you and your use of the Software. This data helps us determine where the Software is most effective and what Intuit Services help you manage your business most effectively. In addition, if you elect to use online products available in or with the use of the Software, data will be collected and used in accordance with Intuit’s Global Privacy Statement. You give Intuit permission to combine any of this identifiable and non-identifiable information with that of other users of the Software and/or other Intuit Services. For example, Intuit may use your and other users’ data to improve, design, or develop the Software or other Intuit products and services (as described above).
5. WARRANTIES
5.1. Limited Warranty. For a period of sixty (60) days from the date that you receive the Software license and documentation, Intuit warrants that:
(a) Until December 15 of the calendar year in which a T1 return for the applicable Tax Year is required to be filed and pursuant to your authorized use of the Software, Intuit warrants that the ProFile T1 and ProFile T1/TP1 Software will calculate your federal tax return accurately. If the CRA assesses a higher amount of tax payable than ProFile T1 or ProFile T1/TP1 calculated, Intuit will reimburse you for the amount in interest charged by the CRA due to the discrepancy up to the amount of your license fee for the ProFile T1 or ProFile T1/TP1 Software used to file the return, provided that the discrepancy was solely the result of a calculation error on a form prepared using the Software and not a result of, among other things:
● your failure to enter all required information accurately;
● your negligent, willful, or fraudulent omission of pertinent information, or your inclusion of inaccurate information on the affected tax return;
● your misclassification of information on the tax return;
● your failure to install ProFile updates on a timely basis;
● your failure to enter information according to workaround solutions that address known issues in the Software which Intuit communicates to you by email or through the process of software updates; or,
● your failure to file an amended tax return to avoid or reduce your interest charges after Intuit announced updates or corrections to the Software that would have allowed you to file an amended tax return before the filing deadline.
(b) To request remedy related to the limited warranty in this Section 5.1, you must submit a claim by the earlier of the following dates: December 15 of the calendar year in which the relevant Tax Year return was required to be filed or forty-five (45) days from the date on the CRA Notice of Assessment related to a ProFile miscalculation as described in 5.1(a), above. Your written notice must include a copy of the CRA Notice of Assessment, a hard copy of the re-assessed tax return, and an electronic copy of the impacted tax return data files. By filing such a claim, you agree to provide Intuit with any relevant data files, as well as any materials you used to evaluate and verify your client's claim. Further, you authorize employees of Intuit to review these files.
You are responsible for adhering to applicable privacy legislation, including (but not limited to) ensuring you have obtained your client’s permission to allow Intuit to review his or her personal tax information. Intuit is not responsible for paying any additional tax liability owed to the CRA, above and beyond the specified interest charges. You are responsible for providing assistance and additional information as reasonably requested by Intuit to fulfill its limited warranty obligation.
In the case that your claim is substantiated, we will pay the interest charged due to the discrepancy, up to the amount of your License fee for the ProFile T1 or ProFile T1/TP1 Software used to file the return. The total remedy for multiple claims you may submit pursuant to the remedy available for the limited warranty provided in Section 5.1(a) cannot exceed the amount prescribed in this paragraph.
6. PROFILE SERVICES
6.1. ProFile Services.
The term “ProFile Services” means all and any portion of the services that support the Software and are made available to licensees of the Software during the Service Period, including the services described under this Section 6 and all other Intuit and third party add-on or connected products, services, content, programs and features made available for use with the Software in the Service Period. Some or all of the ProFile Services may involve or require the payment of subscription or additional fees.
The ProFile Services are provided by Intuit at its discretion and Intuit reserves the right to change all or any portion of the ProFile Services at any time, which changes will be effective when posted on the website for the Software or when Intuit notifies you by other means. Any access or use by you of the ProFile Services from or with the Software is subject to and governed by the terms of this Agreement or the terms of Intuit’s third party licensors.
6.2. Electronic Filing Services.
For the Tax Year 2024 Software, T1s from Tax Year 2017 through Tax Year 2024 and T2s with Tax Year end dates of January 1, 2022 through May 1, 2025 may be e-filed through the Software so long as e-filing for such returns are accepted by the CRA or applicable taxing authority. However, unless otherwise offered by Intuit and notwithstanding any longer filing periods permitted by the CRA or applicable taxing authority, the Service Period for Intuit customer and product support and Software updates ends on December 31, 2025 for T1 Software and November 30, 2025 for T2 Software.
When available, you may be able to choose to file returns electronically and if chosen, the tax returns will be transmitted electronically to the Intuit Electronic Filing Center, where they will be transmitted to the applicable taxing authority. Intuit will retain any records required by law. Intuit cannot guarantee that the taxing authority will accept a return due to circumstances beyond Intuit’s control (e.g., incorrect user information, malfunction of the tax authority’s system, etc.). You are responsible for verifying the status of returns that you file electronically to confirm that they have been received and accepted by the applicable taxing authority and, if necessary, for filing them manually.
By using Intuit's system to prepare and submit tax returns, you consent to the disclosure by Intuit to the CRA and any other tax or revenue authority of all information pertaining to your use of the Software. Intuit reserves the right at any time to require users of the electronic filing service to provide information verifying that they are authorized CRA e-file providers using a valid CRA issued business number (BN). If you are unable or unwilling to provide information or documentation to verify your validly issued authorized CRA e-file provider or BN status in a form acceptable to Intuit, or if Intuit is unable to verify or validate your status, Intuit may block your access or ability to use the Software or your ability to prepare, submit, process or transmit returns through the Software.
Intuit may at any time and in its sole discretion change or discontinue any aspect, availability or feature of the Software.
The CRA requires Intuit to notify it, in connection with the electronic filing of your tax return, of the Internet Protocol ("IP") address of the computer from which the return originated and whether the email address of the person electronically filing the return has been collected. By using the Software to prepare and submit your tax return, you consent to the disclosure to the CRA and any other tax or revenue authority of all information relating to your use of the electronic filing services.
6.3. Technical and Product Support Services; Software Updates.
As part of the ProFile Services, during the Service Period:
Intuit will provide customer technical and product support by toll-free telephone, email, and/or chat consultation for use of the Software on the hardware and operating systems specified in the documentation for the Software. Intuit reserves the right to change the terms, conditions, features, and pricing of its technical support from time to time.
Software updates will be made available to you, when and if Intuit makes such updates for the Software generally available to its other Software users during the Service Period. Updates will be offered or made available, at Intuit’s discretion as in-product Internet update or Internet download, and such updates (including patches, critical, or security updates) may not be available for all prior Tax Year versions of the Software. For clarity, “updates” do not include new derivations of the Profile Services that Intuit designates as new software products, programs, or services for which Licensee will be charged a separate license fee or, at Intuit’s election, major releases that include significant feature enhancements for which Licensee will be charged an incremental fee. Intuit shall have the right, at its sole discretion, to withhold the shipment of updates if you are delinquent in the payment of any charges owed to Intuit.
The Service Period for customer and product support and Software updates described in this Section 6.3 ends on December 31, 2025 for T1 Software and November 30, 2025 for T2 Software.
6.4. Import Services.
The Software may include a feature that allows you to import certain tax-related information from participating accounting software, payroll processors, financial or other institutions, and other third parties (the "Import Services"). If the Import Services are available and you choose to use them, you are responsible for verifying the accuracy of the information that is imported. Intuit bears no responsibility for this information. Should you take advantage of the Import Services, your relationship concerning the Import Services will be with the applicable information providers, and Intuit disclaims all liability that might arise from your use of the Import Services.
6.5. Backup/Document Storage Services.
In addition to primary copies of your client’s data stored by you at your location, Intuit offers document storage services that enable you to backup, store, and retrieve copies of your clients’ tax returns online for the duration of the current Tax Year, or otherwise as long as necessary for the identified purposes or as required by applicable law (the “Document Storage Services”). In order for you to use the Document Storage Services, you must purchase a compatible version of the ProFile Software and have Internet access.
(a) Data that you choose to transfer or backup to the Document Storage Services will be transmitted via the Internet to Intuit’s servers (the “Transferred Files”). If you choose to use the Document Storage Services, you agree Intuit may (i) store, use, host, and maintain any such Transferred Files consistent with this Agreement and Intuit’s Global Privacy Statement, (ii) access or share Transferred Files within Intuit and store Transferred Files in countries in which Intuit operates, including in the United States, in accordance with applicable law and Intuit’s Global Privacy Statement, (iii) use the Transferred Files to make the Document Storage Services or other Profile Services available to you, and (iv) reformat and manipulate the Transferred Files as reasonably necessary for the data to function with the Software.
(b) You acknowledge and agree that Intuit has the right to impose limitations on storage, and/or the quantity, size, and format of the data or other Transferred Files permitted for upload to Intuit’s servers. Intuit reserves the right to change such limitations from time to time, and the changes will be effective when posted on the ProFile website or when we notify you by other means.
6.6. Intuit Link. You can use “Intuit Link” during the Service Period to collect information from your clients. Intuit Link provides you with the ability to request documents from your clients and have them stored online for easy sharing and access by you and your clients for the purpose of preparing tax returns. In addition to the terms provided in this Agreement, use of Intuit Link by your clients will be subject to separate terms and conditions when they register for the Intuit Link service.
6.7. Intuit Sign. Intuit Sign is an optional fee-based Service that requires Internet access to facilitate electronic signatures by you and with your clients. Intuit Sign requires current Tax Year Software and an active Intuit account. You are responsible for properly configuring and using Intuit Sign, and taking appropriate steps to maintain the security, protection, and backup of any client tax returns, documentation, or other information (collectively “Content”).
(a) When you and/or your client(s) choose to use Intuit Sign, you and/or your client(s) will be able to electronically sign and/or certify that the Content submitted through the Software is true, correct, and complete to the best of your or their knowledge under penalty of perjury. Each time you and/or your client(s) choose to use Intuit Sign, each party expressly (i) affirms that he/she is able to access and view the Content he/she is electronically signing in Intuit Sign; (ii) consents to conduct business electronically with respect to the transaction contemplated; and (iii) agrees to the use of electronic signatures.
(b) Enforceability of electronic signatures varies by jurisdiction. Intuit Sign functionality has been designed to meet compliance requirements, but Intuit does not claim that electronic signatures will be legally binding per any governmental or other tax agency standards, and you and/or your clients are advised to determine applicability to your situation and ensure compliance with applicable federal, provincial, and local laws.
(c) Intuit is not a party to any Content processed through Intuit Sign, makes no representation or warranty regarding the transaction sought to be affected by Intuit Sign and has no responsibility or liability with respect to the content, validity, or enforceability of any electronic signature, nor is it responsible or liable for any matters or disputes arising from the submission of any of your or your clients’ Content made available through the Service. If required by federal, provincial, or local law, you are solely responsible for obtaining physical documents containing your clients’ Content and Intuit has no responsibility or liability with respect to such physical documents.
7. THIRD PARTY NOTICES
7.1. CefSharp and SharpGL
The MIT License (MIT)
Copyright (C) 2012 Dave Kerr and Anthony Taranto.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The software is provided "as is," without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement. In no event shall the authors or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the software or the use or other dealings in the software.
7.2. MVVM Light libraries
The MIT License (MIT)
Copyright (c) 2009 - 2014 Laurent Bugnion
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
7.3. NewtonSoft.Json
The MIT License (MIT)
Copyright (c) 2007 James Newton-King
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES, OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT, OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
7.4. RESTSharp and Prism
Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
7.5. NLog
Copyright © 2004-2017 Jaroslaw Kowalski ,jaak@jkowalski.net., Kim Christensen, Julian Verdurmen
7.6. Spire.Doc for .NET
This application utilizes a licensed copy of e-iceblue software, copyright © 2004-2010, which is the property of e-iceblue Corporation, www.e-iceblue.com.
7.7. CefSharp
CFCopyright © The CefSharp Authors. All rights reserved.
Neither the name of Google Inc. nor the name Chromium Embedded Framework nor the name CefSharp nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
7.8. dahall/TaskScheduler
MIT Copyright (c) 2003-2010 David Hall
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
7.9. Ncalc
MIT License
Copyright (c) 2011 Sebastien Ros
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
7.10. QR Coder
The MIT License (MIT)
Copyright (c) 2013-2018 Raffael Herrmann
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
7.11. Xceed
Copyright ©1994-2021 Xceed Software Inc., all rights reserved.
7.12. Apache log4net
Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
7.13. ICSharpCode.SharpZipLib
Copyright © 2000-2018 SharpZipLib Contributors
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.