General Terms
Version 03252024
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 and QuickBooks (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.
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:
- To the terms and conditions of this Agreement which includes: (1) the current version of the terms set out in Sections A and B; and (2) any additional provisions and conditions provided separately to you for your use of the Platform, which may include terms and conditions of third parties;
- You must be at least the age of majority in your jurisdiction of residence to use our Platform;
- You can form a binding contract with Intuit;
- You are not a person who is prohibited from receiving the Platform under the laws of Canada or any other applicable jurisdiction; and
- You will comply with this Agreement and all applicable local, provincial, territorial, national, and international laws, rules, and regulations, including applicable sanctions and trade laws and regulations.
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 (iv) 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:
- Worldwide, which means it’s valid anywhere in the world;
- Non-exclusive, which means you can license your Content to others; and
- Royalty-free, which means there are no fees for this license.
10.3 Rights. This license allows Intuit to:
- Host, reproduce, distribute, communicate, sublicense and use your Content - for example, to save your Content on our systems and make it accessible from anywhere you go;
- Publish or publicly display your Content, if you’ve made it visible to others; and
- Modify and create derivative works based on your Content, such as reformatting or translating it.
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.
Intuit does not condone or support any activity that is illegal, violates the rights of others, harms or damages Intuit’s reputation, or could cause Intuit to be liable to a third party. At minimum, you may not use the Platform to:
- Violate any law, regulation, executive order or ordinance, including through actions that give rise to criminal, civil, administrative or regulatory liability and/or fines;
- Post or share Content or engage in activities that are or may be illegal or inappropriate, including fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, or objectionable information or communications of any kind, including without limitation that which is excessively violent, incites or threatens violence, encourages "flaming" others or may result in criminal or civil liability under any local, provincial, federal or foreign law;
- Post or share any Content that you do now own or have the right to use without permission from the owners thereof;
- Transmit any virus, trojan hours, or other disruptive or harmful software or data;
- Send any unsolicited or unauthorized advertising, such as spam;
- Impersonate someone else, falsely represent your identity or qualifications, or engage in activities that may constitute a breach of any individual's privacy; or is illegally unfair or deceptive, or creates a safety or health risk to an individual or public;
- Misrepresents your affiliation with Intuit;
- Reproduce, modify, copy, sell, resell, trade, lease, license, or provide free or unauthorized access to the Platform, give any part of the Platform to any third party or make the Platform available on any file-sharing, virtual desktop or application hosting service;
- Attempt to reverse engineer, decompile or disassemble in any way the Platform, including any Software;
- Engage in unauthorized access, monitoring, interference with, or use of the Platform or third party accounts, information (including personal information), computers, systems or networks, including scraping or downloading Content that doesn't belong to you;
- Use the Platform for general archiving or back-up purposes;
- Except as permitted by Intuit in writing, engage in investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication, spamming, or flooding; or
- Encourage or enable any other individual to do any of the above or otherwise violate this Agreement.
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 Forms; 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 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 PERVOICED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT, ITS AFFILIATES AND ITS AND THEIR THIRD PARTY PROVIDERS, LICENSEORS, DISTRIBUTORS AND SUPPLIERS (COLLECTIVELY "SUPPLIERS") DISCLAIM ALL WARRANTIES 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, THTEFT, OR DESTRUCTION. IF THE EXLUSIONS FOR ANY IMPLIED WARRANTIES OR CONDITIONS DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES OR CONDITIONS DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES OR CONDITIONS DO NOT APPLY TO YOU, 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 SONNER. SOME PJROVI NCES DO NOT ALLOW THE EXLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVS 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 Services 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 such 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 of the 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. The French version can be accessed by clicking here. 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.
Additional Terms And Conditions For The Intuit TurboTax Online And TurboImpôt En Ligne Services (The "Services").
Version 11212024
Your use of the Services provided by Intuit are subject to the General Terms of Service above and these Additional Terms and Conditions, both of which govern your use of the Services indicated below. These Additional Terms and Conditions below shall prevail over any conflict or inconsistency with the General Terms of Service above.
1. LICENSE AND RESTRICTIONS
(a) License Grant - Paid Versions of the Services. You may access and use the Services, either on a fee-per-return basis or, if offered by Intuit, in a single purchase of multiple returns, depending on the specific version or edition of the Services that you paid to use, to prepare (i) a personal tax return; or (ii) personal tax returns for an individual and that individual's spouse (which counts as two (2) returns), up to a total of twenty (20) tax returns per account, depending on the number of returns purchased by you, as provided within your online user account.
(b) License Grant - Free Version of the Services. You may access and use the specific free version or edition of the Services that is made available to you to prepare a single, simple personal tax return, as described below and on the TurboTax Canada website. You understand and agree that Intuit does not provide access to certain tax forms or to technical support for free versions or editions of the Services. You understand that the free version or edition of the Services does not include all tax forms, and you must choose a version or edition of the Services that includes all of the tax forms you need -- which may require you to upgrade to a different, paid version of the Services in order to complete and file your tax returns.
A simple personal tax return currently includes only:
- Employment income
- Pension income
- Other employment income such as tips
- RRSP contributions
- Child care expenses
- COVID-19 benefits and re-payments
- Unemployment (EI) and social assistance
- Worker’s compensation
- Disability amount
- Worker’s benefit
- Amount for eligible/infirm dependents
- Tuition, scholarships, bursaries, grants, student loan interest
- Caregiver tax credit
- Disability transfer
- Home accessibility tax credit
- Tax on RESPs and RDSPs
- Tax installment payments
- Age amount
- RRIF Income (T4RIF)
- RRSP Calculator
- Canada Carbon Rebate
- Trillium Credit (ON)
- Manitoba Property Tax and Rent Credit
- Québec Solidarity Tax Credit
- ON Care
(c) Completing Tax Returns. If you complete your tax return with the Services, you may print or download your tax return file, which you can use to file your tax return electronically or via post yourself instead of filing electronically through the Services. You agree to review your tax return for any errors and to make any and all necessary corrections prior to filing your return electronically or via post. You further agree that you are solely responsible for the accuracy of the data you input into, or provide to, the Services. Tax return information for the Services for Tax Year 2024 is not accessible after November 30, 2027 and shall not be supported beyond that date.
(d) Coupled Returns. You agree that if you use the Services to prepare and file personal tax returns for yourself and your spouse or common-law partner, both you and your spouse or common-law partner are deemed to be customers of Intuit and subject to the terms of this Agreement. Both individuals acknowledge that there is no expectation of privacy between them concerning the Services, in connection with this Agreement. We shall be at liberty to share with either of you, without prior consent of the other, partial or completed tax returns, tax documents and other information concerning the preparation of your tax return(s).
(e) Restrictions on Use. You are not licensed or permitted under this Agreement to do any of the following: (i) attempt to access any of Intuit's systems, programs or data that are not made available for public use; (ii) prepare tax returns, schedules or worksheets on a professional or commercial basis (i.e., for a preparer’s fee or other fee or consideration); (iii) copy, reproduce, republish, upload, post, transmit, resell, distribute or re-distribute any materials from the Services; (iv) decompile, disassemble or otherwise reverse engineer the Services except as otherwise permitted by applicable law; or (v) attempt any actions that would prevent the use of the Services by the public.
(f) Pricing and Payment. If you become a paid user of Services other than TurboTax Live Full Service, you shall be charged the applicable fee in effect as of the day and time you complete your return and reach the payment screen prior to gaining access to the capability to print or file electronically. If you become a paid user of the TurboTax Live Full Service version of the Services, you shall be charged the applicable fees in effect when you first sign up for the Services, before our experts start work on your returns. The current fees charged by Intuit directly can be accessed on the TurboTax Canada website. If you require additional functionality, features, assistance, professional services or forms for a specific return you may be required to purchase the right to access and use a different version of the Services. The Services may also be resold through certain third party retail stores and third party websites; such third parties are responsible for their own pricing, and their prices are subject to change at any time. Your payment to Intuit of all fees and any additional applicable charges and taxes must be made by your valid credit card (or such other form of payment as may be acceptable to Intuit in its sole discretion) and, except as otherwise provided herein, all fees and charges are non-refundable.
(g) Prices Subject to Change. Unless otherwise provided, prices are subject to change without notice. You understand it is your responsibility to check the published pricing on the TurboTax Canada website before completing payment. You understand and agree that Intuit may increase the price of any paid version of the Services as the respective tax filing deadline approaches, including after you have started your return(s) but not yet completed and paid to print and/or file your return. With the exception of TurboTax Live Full Service (for which prepayment is required), you should confirm that the pricing for your use of the Services has not changed since you first started using the Services, particularly if some time has passed between the date you start your tax return and the date you finish and are ready to file or print and pay for it. The price for your use of the Service is established at the time you pay for it.
(h) Access to Specific Tax Forms is Limited. You understand that for Tax Year 2024, access to and use of specific tax forms, schedules and calculations is limited based on the version or edition of the Services you choose. You understand that you must choose a version or edition of the Services that includes all of the tax forms you need -- which may require you to upgrade to a different version of the Services in order to complete and file your tax returns.
(i) Automated Use of Data in Your Tax Return File. You understand and agree, to assist you in the preparation of your tax return, the Services may include an automated process to help reduce the number of instances in which you have to input the same data. For example, once you provide your name and address, that information automatically may be inserted throughout the applicable tax return form(s).
(j) User ID and Security. You may be required to designate a user ID and password which, when used together, will provide you with access to your tax return file. You understand and agree that anyone with access to your user ID can access all of the returns prepared with that ID, including personal information contained within each return. You are the only person authorized to use your user ID and password and are responsible for maintaining the confidentiality of your user ID. You shall not permit or allow other persons to have access to or use your user ID and password. You are responsible for the use of the Services under your user ID. To ensure that use of the Services does not exceed the scope of permissible use, certain fields within your tax return file cannot be modified once completed. If this causes any concerns, please contact TurboTax Customer Service using the telephone numbers provided at www.turbotax.ca.
If you lose or forget your user ID or password, you may not be able to access your tax return file via the Services, and any further use of the Services by you may require you to establish a new user account with a new user ID and password and re-enter your tax return information. If applicable, Services fees will be assessed on each new user account. Notwithstanding any contrary statement, Intuit may use your user ID if necessary to facilitate its ability to provide you with the Services. Intuit may offer you the option of providing authentication information and the ability to reset your password, if available.
You are responsible for protecting the information on your computer such as by installing anti-virus software, updating your software, password protecting your files and not permitting third party access to your computer or mobile device, where applicable.
(k) Storage/Deletion of Your Tax Return File. Except to the extent required by applicable law or regulation, Intuit has no obligation to store or maintain any tax return files. However, in its sole discretion, Intuit may retain your tax return file for its records, and Intuit may also be required by law or otherwise to retain returns or certain other documents even if you choose not to complete your tax return through the Services. Additionally, Intuit may retain and provide you with access to your 2024 tax return until November 30, 2027. Notwithstanding any statement to the contrary, you can delete your tax return file at any time by following the instructions provided by the Services and in accordance with Intuit’s Global Privacy Statement. You acknowledge that once you delete your tax return file, you will no longer be able to use the Services to access any information that was contained in your deleted tax return file. Intuit will not restore any deleted tax return files.
(l) Availability of Services. Intuit is not responsible for the late filing of your tax return due to any discontinuation of, or interruption in, the Services, and you acknowledge that you should file your tax return as early as possible to meet any filing deadlines. You acknowledge that the sole means to ensure that you have an up-to-date record of your tax return file is for you to print and/or download your tax return file upon completing your tax return and after making any modifications thereto. Intuit will not be responsible or liable for your failure to do so.
2. TURBOTAX GUARANTEES
For purposes of the guarantees in this Section 2 (each, a “Guarantee”), a “registered user” is a user from whom Intuit has received the information necessary to permit such person, or an assigned tax expert, to print or electronically file an individual tax return prepared using the applicable version of the Services and who complies with the terms and conditions of this Agreement.
(a) Accurate Calculation Guarantee.
Intuit works to ensure the accuracy of the calculations on every form prepared using the Services. If you are a registered user using the most recent updated version of the Services available prior to filing your return and you pay a federal or provincial government penalty and/or interest as levied in a first notice from such tax authority, and such penalty and/or interest is solely because of a calculation error on a form prepared using the Services and not as a result of, among other things:
- your failure to enter all required information accurately or your misuse of the Services;
- your negligent, willful or fraudulent (a) omission of pertinent information, or (b) inclusion of inaccurate information on your tax return;
- your misclassification of information on your tax return;
- changes in tax law made by federal or provincial governments that occurred after you filed your return using the Services; or
- your failure to file an amended tax return to avoid or reduce your penalty and/or interest after Intuit announced updates or corrections to the Services in time for you to file an amended tax return;
then Intuit will reimburse you in the amount of the federal or provincial government penalty and/or interest paid by you to such federal or provincial government – but not any taxes owed, or amounts, penalties, or interest due, payable or paid by you as a result of a further/late notice from, or payment plan you may enter into (or have entered into) with, such tax authority.
If you believe such a calculation error occurred, and you have complied with the conditions in this section, you must notify Intuit no later than thirty (30) days after the date shown on the Notice of Assessment or Notice of Reassessment where the penalty and/or interest is calculated and/or assessed. To initiate a claim under this Guarantee, please follow the instructions set forth on our website, as currently published at: https://turbotax.community.intuit.ca/turbotax-support/en-ca/help-article/tax-return/submit-claim-turbotax-100-accurate-calculations/L1WD8SJSR_CA_en_CA.
By filing such a claim, you agree to provide Intuit with your TurboTax Tax Year 2024 return data, and you authorize Intuit to obtain and review any data files that may be in Intuit's possession or control, as well as any materials provided by you in order to evaluate and validate your claim. You are responsible for paying any additional tax liability you may owe and providing assistance and additional information as reasonably requested by Intuit to validate your claim. You are also responsible for keeping Intuit apprised promptly of any change in your email address, mailing address and/or phone number so that you can be contacted and notified of Intuit’s decision on your claim.
(b) Maximum Refund Guarantee.
Intuit works to ensure that we calculate the maximum refund you deserve (or the lowest tax payable). If you are a registered user using the most recent updated version available of the Services prior to filing your return with the Services, later file an amended return using identical information and data but using a tax preparation method other than the Services, and you receive a larger refund amount or pay a smaller tax due amount using such alternative method, then Intuit will refund to you the purchase price actually paid by you for the preparation and filing of the applicable return using the Services. TurboTax Free customers are entitled to payment of $9.99 in such case. All other fees you may have paid to Intuit for additional services or as add-ons to your tax return are excluded from this Guarantee, including but not limited to Audit Defence and technical support fees, if any.
To qualify the larger refund or smaller tax due cannot be attributed to:
- variations in the information or data you used for such alternate tax preparation method;
- positions taken by you or your alternate preparer or method that are contrary to the law; or
- changes in tax law made by federal or provincial governments that occurred after you filed your return using the Services.
If you have complied with the conditions in this section, you must notify Intuit no later than sixty (60) days from the date you receive a larger refund amount or pay a smaller tax due amount.
To initiate a claim under this Guarantee, please follow the instructions set forth on our website, as currently published at: https://turbotax.community.intuit.ca/turbotax-support/en-ca/help-article/intuit-refunds/submit-claim-turbotax-maximum-refund-guarantee/L25DT6ZKc_CA_en_CA.
By filing such a claim, you agree to provide Intuit with your TurboTax Tax Year 2024 return data, and you authorize Intuit to obtain and review any data files that may be in Intuit's possession or control, as well as any materials provided by you in order to evaluate and validate your claim. You are responsible for providing assistance and additional information as reasonably requested by Intuit to validate your claim. You are also responsible for keeping Intuit apprised promptly of any change in your email address, mailing address and/or phone number so that you can be contacted and notified of Intuit’s decision on your claim.
(c) Satisfaction Guarantee.
Unless you have selected to pre-pay for the Services and with the exception of TurboTax Live Full Service, you may use the Services without charge up to the point you decide to print or file electronically your tax return. Printing or filing electronically your return reflects your satisfaction with the Services, at which time you will be required to pay or register for the Services, and are ineligible for a refund of any previous payments made for the Services (except in the event that you qualify for a refund under another Guarantee).
(d) Expert Approved Guarantee.
If you are a registered user, use TurboTax Live Assist and Review or TurboTax Live Full Service for the preparation and filing of your tax return, and you pay a federal or provincial government penalty and/or interest as levied in a first notice from such tax authority, and such penalty and/or interest is solely because of an error your tax expert made while preparing your return, providing topic-specific tax advice, reviewing a section or otherwise appearing on a form signed by the tax expert, and not as a result of, among other things:
- your failure to enter all required information accurately or your misuse of the Services;
- your negligent, willful or fraudulent (a) omission of pertinent information, or (b) inclusion of inaccurate information on your tax return;
- your misclassification of information on your tax return;
- changes in tax law made by federal or provincial governments that occurred after you filed your return using the Services;
- your failure to file your tax return on time or to take other action requested by the Expert;
- or your failure to file an amended tax return to avoid or reduce your penalty and/or interest after Intuit announced updates or corrections to the Services in time for you to file an amended tax return;
then Intuit will reimburse you in the amount of the federal or provincial government penalty and/or interest paid by you to such federal or provincial government – but not any taxes owed, or amounts, penalties, or interest due, payable or paid by you as a result of a further/late notice from, or payment plan you may enter into (or have entered into) with, such tax authority.
If you believe such a calculation error occurred, and you have complied with the conditions in this section, you must notify Intuit no later than thirty (30) days after the date shown on the Notice of Assessment or Notice of Reassessment where the penalty and/or interest is calculated and/or assessed. To initiate a claim under this Guarantee, please follow the instructions set forth on our website, as currently published at: https://turbotax.community.intuit.ca/turbotax-support/en-ca/help-article/tax-return/submit-claim-turbotax-100-accurate-expert-approved/L7d3HA9oV_CA_en_CA.
By filing such a claim, you agree to provide Intuit with your TurboTax Tax Year 2024 return data, and you authorize Intuit to obtain and review any data files that may be in Intuit's possession or control, as well as any materials provided by you in order to evaluate and validate your claim. You are responsible for paying any additional tax liability you may owe and providing assistance and additional information as reasonably requested by Intuit to validate your claim. You are also responsible for keeping Intuit apprised promptly of any change in your email address, mailing address and/or phone number so that you can be contacted and notified of Intuit’s decision on your claim.
This Guarantee cannot be combined with any Accurate Calculation Guarantee.
(e) Full Service Guarantee.
When a TurboTax Full Service expert does your taxes, they’ll only file when they know it's 100% correct and you’re getting the best tax outcome possible. If you are a registered user of TurboTax Live Full Service for the preparation and filing of your business return, the following Guarantees apply to your use of those Services: Maximum Refund Guarantee and Expert Approved Guarantee, subject to the terms for each Guarantee as provided above in Sections 2(b) and 2(d), respectively. The Full Service Guarantee is not available in Québec.
To initiate a claim under this Guarantee, please follow the instructions set forth on our website, as currently published at: https://turbotax.community.intuit.ca/turbotax-support/en-ca/help-article/return-product-license/submit-claim-turbotax-live-full-service-100/L04YOz5oJ_CA_en_CA.
3. INTUIT SERVICES AND THIRD PARTY SERVICES
(a) Electronic Filing Services. If you would like to file your tax return electronically, the Services may provide you with an opportunity to file electronically via NETFILE with the Canada Revenue Agency (“CRA”) or Revenu Québec (individually, a “tax authority” or together, the “taxing authorities”). If you select this option, Intuit will send you a confirmation of the submission to the taxing authorities after sending your tax return to the taxing authorities on your behalf. Intuit will store your tax file on our servers in accordance with Intuit’s Global Privacy Statement. You are responsible for ensuring that your tax return is submitted to the proper taxing authority. Intuit does not guarantee that the taxing authority will accept your tax return. You are entirely responsible for verifying the status of your tax return to confirm that it has been received and accepted by the taxing authority and, if necessary, resubmitting it electronically or filing it manually.
(b) Auto-Fill Import Services. The Services may include access to the optional “Auto-Fill my return” service where TurboTax may be able to import your Tax Year 2024 tax data from the CRA, on your behalf, to pre-fill parts of your Tax Year 2024 tax return (“Auto-Fill my return”). This is done through the Authorize A Representative Service in your CRA My Account. Through this service, you may specify a period of time where Intuit can continue to receive your updated CRA tax data into TurboTax, and you can discontinue the service and Intuit as your Authorized Representative at any time. When you authorize Intuit to obtain your data from the CRA as part of TurboTax Full Service (only), we will check on a regular basis through the time you’ve authorized and notify you by email if/when we have any new data eligible for import, at which time you can sign into TurboTax, view the data and decide if you want to import it into your tax return. With your consent, TurboTax will import the data in the applicable location of your tax return. You are responsible for verifying the accuracy of the information that is imported. The Auto-Fill my return service is not available with any free versions of TurboTax.
(c) Other Import Services. The Services may include a feature that allows you to import, where applicable, certain information from third parties, including but not limited to participating payroll processors and financial or other institutions (“Import Services”). If the Import Services are available to you, 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 is with the information providers, and Intuit disclaims all liability that might arise from your use of the Import Services.
(d) Mobile Image Capture. The Services may also include optional functionality designed to automatically read, extract or process your personal information (including but not limited to your name, address, SIN number, and other personal information along with all personal tax data) and tax data from a paper or digital copy of your tax documents (e.g., T4, T183, etc.) or other related documents (“Supporting Tax Documentation”) using either (a) the camera on your mobile device and a mobile application provided by Intuit; or (b) the ability to upload digital copies of your Supporting Tax Documentation to Intuit’s systems so that the Services scan and extract your personal information and tax data therefrom. This functionality is limited to those forms or items that the Services can successfully read, extract or process, and accuracy is not guaranteed. You are responsible for checking all image-extracted data for accuracy and completeness. If the form or other item you photograph and submit or upload through the Services is not supported or not otherwise readable by the Services, you understand that you will need to manually enter your data. All personal information received and retained by Intuit will be processed in accordance with our Global Privacy Statement and data retention practices. You further understand and agree that, in accordance with these policies, Intuit may store and use such images, personal information and personal tax data to improve the Services’ image capture and extraction capabilities in subsequent versions and editions of both the Services and the mobile applications, including through the use of machine learning and other technologies.
(e) TurboTax Live Assist and Review Service. You understand that as part of the TurboTax Live Assist and Review Service (“Assist and Review”), a fee-based version of the Services, a tax expert will be available to answer questions as you prepare your return and to review your federal and provincial tax returns for accuracy and completeness based on the information you have entered into TurboTax. By using Assist and Review, you authorize Intuit to have access to your tax returns. While the tax expert may be able to view your tax returns and provide you with feedback, the tax expert will not be able to make any changes on your return or file your return for you. Any changes must be made by you at your sole discretion.
(i) Service Exclusions. The following tax-related topics are not included as part of Assist and Review even if your tax return relates to any of the following:
- Like kind exchanges
- Estates and trusts (T3 returns)
- Non-resident or expatriate returns
- Issues unrelated to the preparation of the tax return or unrelated to income taxes (i.e: sales, use, inheritance, etc.)
- Bankruptcy questions
- Tax or investment planning questions
- Business incorporation questions
- Multiple jurisdictions (Form T2203)
- Prior year tax returns
Assist and Review also does not include any legal or investment advice, tax, estate or investment planning, or other areas of advice other than the federal and provincial income tax preparation and filing advice included with Assist and Review.
Pursuant to CRA guidance, be advised that any tax advice given to you, including anything provided to you in writing, is not intended to be used, and it cannot be used, by any person or entity, for the purpose of avoiding penalties imposed under the Canadian Income Tax Act and Regulations.
Intuit reserves the right to refuse to prepare a tax return for any reason in its sole discretion.
(ii) Service Availability. Internet access is required to use Assist and Review and service levels and availability will vary based on demand and capacity and are subject to change without notice. To ensure a good experience and appropriate levels of coverage for everyone using Assist and Review, the tax expert may terminate the communication at his/her sole discretion after a reasonable period of time (for example 30 minutes) or if it is otherwise determined that you are misusing or unnecessarily extending the duration of the communication. The provision of Assist and Review or the ability of tax experts to meet your tax filing deadlines is subject to expert availability during applicable business hours, reasonable turnaround times, your prompt submission of documents, and your prompt response to inquiries or requests for materials required for your tax return(s). Intuit reserves the right to terminate Assist and Review at any time.
(iii) You Are Responsible for the Accuracy of Your Tax Return. Assist and Review is provided to you based on your tax returns and the information you provide to the tax expert. You understand and agree that the tax expert is not able to verify the information you provide, and that if you provide or enter incorrect or incomplete information, the information or advice provided to you may not be accurate. You understand and agree that the tax expert will not sign your tax return. You have the sole responsibility for reviewing your tax return(s) and confirming their overall accuracy and completeness prior to filing.
(iv) Termination of Services. Unless otherwise specified, Assist and Review for assistance with tax year 2024 returns is available until December 1, 2027 (or as otherwise supported by Intuit).
(v) Audit Coach and Extended Expert Coverage. If you purchase Assist and Review, you may receive additional post-filing expert support with Audit Coach and Extended Expert Coverage at no additional cost. These features and their availability and pricing are subject to change without notice.
As part of Extended Expert Coverage, a tax expert will be available to answer any questions you have after you file your tax return with Assist and Review, including assistance with refiling and other tax-related questions that might arise throughout the year. Topics that are outside the scope of Assist and Review are also outside the scope of Extended Expert Coverage.
As part of the Audit Coach Service, if you receive a letter from the CRA or Revenu Québec relating to your 2024 tax return filed with Assist and Review (including but not limited to audit letters and benefit reviews), a tax professional will review the letter with you, guide you on what to expect and how to prepare a response, and answer any other related questions you may have. Audit Coach is informational only, and does not include legal advice or representation in front of the CRA or Revenue Québec, or preparation or review of your response to the CRA or Revenu Québec. It is up to your discretion as to whether or how you act based on the information provided to you through Audit Coach.
Unless otherwise specified, Audit Coach and Extended Expert Coverage are both available starting from the time you file your tax year 2024 return with Assist and Review until December 1, 2027 (or as otherwise supported by Intuit).
(f) TurboTax Live Full Service. TurboTax Live Full Service (“Full Service”), not available in Québec, is available for use for the current tax year and up to the two (2) preceding tax years only. Additional fees apply for each tax year return prepared under Full Service.
(i) Tax Preparer Services. Through Full Service, a tax expert will, on a fee-per-return basis, prepare and file (i) a single personal tax return or (ii) personal tax returns for an individual and that individual's spouse (two (2) return fees apply). By using Full Service, you authorize your tax expert to prepare and file your tax returns on your behalf. Some tax situations may not qualify or be eligible for Full Service. You may also be required to upgrade to a more-expensive version of the Services if the complexity of your tax situation is not covered by the version of the Services you initially chose. Intuit may refuse to prepare a given return at its sole discretion.
(ii) Supporting Tax Documentation. You will be required to upload or otherwise provide the tax expert with access to all necessary Supporting Tax Documentation, and provide the same to Intuit in English or French (as required by CRA), as requested through Full Service or by the tax expert. Some documents may require your signature prior to being sent to us and/or to being provided in hardcopy form. If your tax expert provides you with the option to mail your Supporting Tax Documentation, you are responsible for maintaining copies of all such documentation and paying for the mailing costs. You agree that Intuit is not responsible for any items lost or destroyed during mailing. Additionally, you are encouraged to maintain a copy of your final tax return and all Supporting Tax Documentation.
Your tax expert may require that you enable Auto-Fill my return by allowing Intuit to access, obtain and download your available tax forms and data directly from CRA. In such case, as set forth in Section 3(b) above, you may be required to complete the “Authorize A Representative Service” in your CRA My Account in order to authorize Intuit and/or your specific tax expert perform Auto-Fill my return.
(iii) Identity Verification. You understand and agree that Intuit may, at its sole discretion, validate your identity, and the identification and contact information you provide, using public and private identity verification services, before preparing and filing a tax return on your behalf.
(iv) English Only. You understand and agree that Full Service shall be provided in the English language only unless Intuit decides in its sole discretion to provide Full Service in additional languages.
(v) Service Exclusions. The following tax-related topics are not included as part of Full Service even if your tax return relates to any of the following:
- Like kind exchanges
- Estates and trusts (T3 returns)
- Non-resident or expatriate returns
- Issues unrelated to the preparation of the tax return or unrelated to income taxes (i.e: sales, use, inheritance, etc.)
- Bankruptcy questions
- Tax or investment planning questions
- Business incorporation questions
- Multiple jurisdictions (Form T2203)
- Prior year tax returns
Full Service also does not include any legal or investment advice, tax, estate or investment planning, or other areas of advice other than the federal and provincial income tax preparation and filing advice included with Full Service.
Pursuant to CRA guidance, be advised that any tax advice given to you, including anything provided to you in writing, is not intended to be used, and it cannot be used, by any person or entity, for the purpose of avoiding penalties imposed under the Canadian Income Tax Act and Regulations.
Intuit reserves the right to refuse to prepare a tax return for any reason in its sole discretion.
(vi) Service Availability. Internet access is required to use Full Service and service levels and availability will vary based on demand and capacity and are subject to change without notice. To ensure a good experience and appropriate levels of coverage for everyone using Full Service, the tax expert may terminate the communication at his/her sole discretion after a reasonable period of time (for example 30 minutes) or if it is otherwise determined that you are misusing or unnecessarily extending the duration of the communication. The provision of Full Service or the ability of tax experts to meet your tax filing deadlines is subject to expert availability during applicable business hours, reasonable turnaround times, your prompt submission of documents, and your prompt response to inquiries or requests for materials required for your tax return(s). Intuit reserves the right to terminate Full Service at any time.
(vii) You Are Responsible for the Accuracy of Your Tax Return. All tax advice relating to the preparation of your tax return and the work necessary to prepare that return will be provided by the tax expert who will prepare and file your return as the tax preparer and have responsibility for the overall substantive accuracy of calculations in the return. However, you are responsible for providing accurate and truthful data and other information to the tax expert, and for reviewing and signing your tax return -- as well as for verifying its overall completeness and accuracy -- before your return is filed. You understand and agree that you alone are ultimately responsible for the accuracy, truthfulness and completeness of your tax return(s).
(viii) Termination of Services. Unless otherwise specified, Full Service for tax preparation and filing of tax year 2024 returns and assistance with tax year 2024 questions is available until December 1, 2027 (or as otherwise supported by Intuit).
(ix) Audit Defence. If you purchase Full Service, you may receive additional post-filing expert support with Audit Defence at no additional cost. Availability and pricing are subject to change without notice. As part of the Audit Defence service, if you receive a review letter or other notice from the CRA or Revenu Québec relating to your 2024 tax return filed with Full Service, then Intuit will provide dedicated members of our Audit Defence team to assist you during the review process. Audit Defence includes handling of communications with the relevant tax authority on your behalf from the first review letter to resolution of the case. Additional terms and limitations apply. Audit Defence is governed by and subject to acceptance of the Intuit Terms of Service for TurboTax Audit Defence.
(g) ReFILE Service. ReFILE allows you to make changes to your tax returns for tax years 2022, 2023 and 2024 that were electronically filed with NETFILE. Fees may apply for any additional services Intuit must provide in order to enable your use of ReFILE. ReFILE is not available to users who print and mail their return and may not be available in all Provinces.
ReFILE is NOT available for users who:
- Are amending an election or want to make an election (for example, using Form T2057, Election on Disposition of Property by a Taxpayer to a Taxable Canadian Corporation);
- Are applying for child and family benefits;
- Are allocating a refund to other CRA accounts;
- Are applying for the disability tax credit;
- Have a reassessment in progress;
- Have a first return that has not been assessed (you can view the Express Notice of Assessment (NOA); view the regular NOA on Represent a Client or My Account for Individuals; or have a paper NOA on hand to validate that a return has been assessed);
- Are subject to provincial or territorial income tax in more than one jurisdiction; or
- First return was filed by the CRA as a 152(7) assessment.
You cannot use ReFILE to make changes to your personal information on your tax return; instead use My Account to make such changes. You may use ReFILE to make up to nine (9) adjustments per tax year; however, you can make additional requests on paper, using Form T1-ADJ, T1 Adjustment Request, by mailing them to the CRA.
(h) TurboTax Non-Tax Preparation Services. With the “TurboTax Non-Tax Preparation Services”, Intuit provides certain Services that may be helpful for, but do not involve, preparation of a tax return, including education, insights, trackers, estimators and organizers to help with year-round tax help and organization. These Services may be made available on or through the TurboTax website, Mobile App or other Intuit or third-party sites, and their availability to you may depend on whether you use certain other Intuit or TurboTax products. These features and their availability and pricing are subject to change without notice. You understand and agree that the TurboTax Non-Tax Preparation Services are intended for general information, organizational and/or non-tax-related purposes. These Services are not, and should not be construed as, legal, investment, credit repair, debt management, tax/retirement planning, or financial advice and they are not intended to serve as tax preparation services. When you are ready to prepare a federal or provincial tax return, you can use other services, including other TurboTax Services, to prepare and file your return. If you choose to use TurboTax tax preparation Services, certain of the TurboTax Non-Tax Preparation Services may offer you the ability to import and/or upload certain information to the tax preparation Services for use in preparing your return, including information from your Intuit account and/or from third parties. If you choose to do so, you are responsible for verifying the accuracy and completeness of any such information. As a user of the TurboTax Non-Tax Preparation Services, you are granted a limited license to use the TurboTax Non-Tax Preparation Services solely for your own personal use and only for the period they are offered to you by Intuit. You understand and agree that Intuit may discontinue these TurboTax Non-Tax Preparation Services at any time without notice, that the TurboTax Non-Tax Preparation Services are provided on a strictly “as-is” basis, with no warranties or guarantees. You further understand and agree that if Intuit discontinues any TurboTax Non-Tax Preparation Services, any data or information you entered, created or imported into the same may not be available to you after such discontinuation.
(i) Help and Support. Intuit may use a variety of methods (e.g., SMS (text), mobile push notifications, in-product, Internet, fax, email, chat and phone) to provide technical support and customer service in connection with your version of the Services. You may choose to allow an Intuit agent to remotely view your computer via the Internet to provide help, where you may need to follow some instructions to enable such viewing. The terms and conditions governing the offering of this support, some of which require the payment of an additional fee, are subject to change as made available by Intuit from time to time. Consult the Intuit Support website (currently, http://support.intuit.ca) for the most up-to-date information relating to this support and any associated charges. Free editions and Basic editions of the Services do not include phone- or chat-based support.
4. CONSUMER INFORMATION AND FRAUD PROTECTION
We may use device-printing technology on your connected computer or mobile device to recognize the device to detect and prevent fraudulent activity. We may report and share information about your account and your connected device to credit bureaus, consumer reporting agencies, fraud prevention associations and card associations. Late payments, missed payments or other defaults on your account may be reflected in your credit report and consumer report. We may also share information with other companies, lawyers, credit bureaus, agents, government agencies and card associations in connection with issues related to fraud, credit or debt collection.
You may provide us with your telephone number, either as part of your customer record or registration or as part of other processes. You understand and agree that the Services may require multiple sources of information about you to confirm your identity and help ensure the security of your personal use of the Services, often referred to as "multi-factor authentication" ("MFA"). Part of the MFA identity authentication and verification process may involve Intuit sending text message(s) containing security code(s) to your telephone number. You agree to receive these text message(s) from Intuit containing security code(s) as part of the MFA process. In addition, you agree that Intuit may send automated text messages and pre-recorded voice messages to the telephone number you provide for certain limited purposes, including: verifying your identity, providing you with important critical notices regarding your use of the Services or fulfilling a request made by you through the Services.
In-Service and In-Mobile-App Marketing Messages. You understand and agree that Intuit may show or send you marketing messages, including in-Service and in-Mobile-App marketing-related push notifications during your use of the Service and during the tax preparation and filing process. You agree to view and/or receive these messages and notifications within the Services, including within the Mobile App (as defined below).
5. TRADEMARKS/COPYRIGHTS
Intuit, the Intuit logo, ImpôtRapide, TurboImpôt, TurboTax and the TurboTax logo, among others, are registered trademarks and/or service marks of Intuit Inc. in Canada and other countries.
Microsoft, Internet Explorer, Microsoft Edge, and Windows are trademarks of the Microsoft group of companies. Any other product names, trademarks, service marks or registered marks, symbols, trade names, company names and/or logos which appear within this product are the property of their respective owners. Such marks may be protected by Canadian law on trademark and unfair competition and may also be registered in the Canadian Intellectual Property Office and/or in the U.S. Patent and Trademark Office.
6. MOBILE APPLICATION USAGE
(a) Mobile access to the Services requires a compatible mobile browser and/or the download and installation of an authorized mobile app and may not be available for all mobile devices or telecommunication providers. You will need to check the Services website to ensure your mobile device and telecommunications provider are compatible with the Services. Intuit is not obligated to provide a compatible version of the Services (including but not limited to a compatible mobile app) for all mobile devices, operating systems, mobile browsers or telecommunication providers, all of which are subject to change by Intuit at any time without notice.
(b) If you choose to access and use the Services through a mobile app provided by Intuit (“Mobile App”), solely as part of your authorized paid or free access to the Services, Intuit hereby grants you a limited, personal, non-exclusive, revocable, non-transferable license to download, install and use a single copy of the Mobile App on your own personal mobile device(s) solely for the purpose of making authorized access to the Services, where and if made available by Intuit. You agree that your access to and use of the Services via, through, by or within the Mobile App is governed by this Agreement. You further agree that your download, installation and use of the Mobile App is also governed by this Agreement, including but not limited to the disclaimer(s) of warranties, limitation(s) of liability and damages, dispute resolution and other terms of this Agreement.
(c) You acknowledge and agree that the Mobile App is licensed, not sold. You agree not to use, nor permit any third party to use, the Mobile App in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
- Provide access to or give the Mobile App or any part of the Mobile App to any third party;
- Reproduce, duplicate, modify, copy, sell, trade, lease, rent or resell the Mobile App;
- Transfer your license to the Mobile App to any other party;
- Attempt unauthorized access to any Intuit systems that are not part of the Services;
- Permit any third party to benefit from the use or functionality of the Mobile App via a rental, lease, timesharing, service bureau, hosting service or other arrangement;
- Decompile, disassemble or reverse engineer the Mobile App; or
- Make the Mobile App available on any file-sharing or application hosting service.
(d) If you downloaded the mobile app from the Apple App Store for iOS or Mac App Store, the following terms also apply to you:
- Acknowledgement: You acknowledge that this Agreement is between you and Intuit only, and not with Apple, and Intuit, not Apple, is solely responsible for the Software and the content thereof.
- Scope of License: The license granted to you for the Software is a limited, non-transferable license to use the Software on Mac products that you own or control and as permitted by the Usage Rules set forth in the terms of service applicable to the Mac App Store.
- Maintenance and Support: Intuit, and not Apple, is solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
- Warranty: Intuit is solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Intuit’s sole responsibility.
- Product Claims: Intuit, not Apple, is responsible for addressing any user or third party claims relating to the Software or the user’s possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, Intuit, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Legal Compliance: You represent and warrant that (i) you are not located in a country that is 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.
- Developer Contact Info: Direct any questions, complaints or claims to: Intuit Inc, 2700 Coast Avenue, Mountain View, CA 94043.
- Third Party Terms of Agreement: You must comply with any applicable third party terms of agreement when using the Software.
- Third Party Beneficiary: You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.