Keeper Tax Inc.
Last updated on Jan 8th, 2020
Welcome to Keeper Tax and thank you for selecting the Services offered by Keeper Tax Inc. and/or its subsidiaries and affiliates (referred to as “Keeper Tax”, “we”, “our”, or “us”). These Terms of Service (the “Agreement”) apply to the Keeper Tax website located at www.KeeperTax.com and of the Services offered via the Site, all associated sites linked to www.KeeperTax.com by Keeper Tax, its subsidiaries and affiliates (collectively the “Site”). The Site is provided to our users (occasionally “Users”, “You”, “Your”) on certain terms and conditions. This Agreement is a legal agreement between you and Keeper Tax. Please read this Agreement in its entirety. If you have any questions, comments, or concerns regarding this Agreement or the Services, please contact us at support@KeeperTax.com or via mail at 770 California St, Unit 209, San Francisco, CA 94108. By using the Site, you agree to this Agreement. If you do not agree, do not use the Site or any of the Services offered via the Site or Keeper Tax. By accessing this Site and/or any of the Services offered via this Site you agree to the entirety of this Agreement.
This Agreement describes the terms governing your use of the Keeper Tax online services provided to you on this Site, including content, updates and new releases, (collectively, the “Services”). It includes by reference (i) Keeper Tax’s Privacy Statement provided to you on the Site, (ii) additional terms and conditions, which may include those from third parties, and (iii) any terms and conditions provided separately to you for the Services.
This Site and the Services provide users with access to a variety of online tax preparation services and tools. The Site and/or the Services are not intended to provide specific tax advice to any individual or business. You are encouraged to consult your own legal and/or tax professional or the Internal Revenue Services (“IRS”) with any specific questions about your own tax return(s).
(2) Your Rights to Use The Services
(A) The Services are protected by copyright, trade secret, and other intellectual property laws. All of the Services, as well as all information accessed through or displayed on the Site (including, but not limited to, such things as all text, user interfaces, visual interfaces, sounds, graphics, computer code, “look and feel,” expression, etc.) (collectively “Content”), is owned or controlled by or otherwise licensed to Keeper Tax. Keeper Tax hereby grants to you, the user, a personal, limited, non-commercial, revocable, non-transferable and non-exclusive license to access the Site and to utilize the Services and Content for the limited and specific purpose of preparing and/or filing your personal, state and/or federal income tax return and those specific services related thereto as made available or facilitated through the Site or the Services.
(B) You agree not to use, nor permit any third party to use, the Services or Content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not (i) provide access to or give any part of the Services and/or Content to any third party, (ii) copy, reproduce, modify, deconstruct, sell, trade or resell the Services and/or Content, or (iii) make the Services or Content available on any file-sharing or application hosting service.
(3) Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
(4) Who can use this service?
The Service is available to U.S. residents who are eighteen (18) years of age and older, have a valid email address, and have enrolled in the Service at www.keepertax.com. We reserve the right to refuse access to the Service or cancel your account at any time.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at email@example.com.
(5) Payment / Fees
For Services offered on a payment or subscription basis, the following terms apply, unless Keeper Tax or its third party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
(A) Payments will be billed to you in U.S. dollars, 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.
(B) You must pay with one of the following: (i) a valid credit card acceptable to Keeper Tax, (ii) a valid debit card acceptable to Keeper Tax, (iii) sufficient funds in a checking or savings account to cover an electronic debit of the payment due, or (iv) by another payment option that Keeper Tax provides to you in writing.
(C) If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
(D) If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
(E) Keeper Tax will automatically renew your monthly Services at the then-current rates, unless the Services are cancelled or terminated under this Agreement.
(F) Additional cancellation or renewal terms may be provided to you on the Site.
(6) Use with Your Mobile Device
Use of the Services may be available through a compatible mobile device. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
Keeper Tax makes no warranties or representations of any kind, express, statutory or implied as to: (i) the availability of telecommunication services from your provider and access to the services at any time or from any location; (ii) any loss, damage, or other security intrusion of the telecommunication services; and (iii) any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the services.
(7) Limited Use
Your use of data obtained via the Restricted Scopes must comply with these requirements: Limit your use of data to providing or improving user-facing features that are prominent in the requesting application's user interface. All other uses of the data are prohibited; Only transfer the data to others if necessary to provide or improve user-facing features that are prominent in the requesting application's user interface. You may also transfer data as necessary to comply with applicable law or as part of a merger, acquisition, or sale of assets with notice to users. All other transfers or sales of the user data are prohibited; Don't use or transfer the data for serving ads, including retargeting, personalized, or interest-based advertising; and Don't allow humans to read the data, unless you first obtained the user's affirmative agreement for specific messages; It is necessary for security purposes (such as investigating a bug or abuse); It is necessary to comply with applicable law; or your use is limited to internal operations and the data (including derivations) have been aggregated and anonymized.
(A) As a condition for your access to and use of the Site and the Services, you hereby agree that you will not use the Site or any of the Services for any purpose that is illegal, immoral, contrary to public law, abusive, threatening, harassing, or in any way which would or might violate the legal rights, such as rights of privacy, of any other individual, business entity, or third-party, or in any way contrary to this Agreement. Without providing an exhaustive list, examples of such unlawful and/or prohibited conduct shall include, but not be limited to, the following:
(i) Engaging in the preparation and/or filing of any fraudulent tax return, whether for yourself, your business or another;
(ii) Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
(iii) Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;
(iv) The use of any computer code, data mining software, “robot,” “deep-link,” “page-scrape,” “spider” or other automatic device, program, or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Site or any of the Services offered via the Site;
(v) Attempting to access, collect or store the personal data of any other user;
(vi) Except as permitted by Keeper Tax in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
(vii) Transmitting, or causing to be transmitted, any of the following: a virus, trojan horse, worm, time bomb or other disruptive or harmful software or data; and
(viii) Transmitting or using any information, software or content which is not legally yours and without permission from the copyright owner or intellectual property rights owners.
(B) You agree that Keeper Tax may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Keeper Tax a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Keeper Tax in any way.
(9) Additional Terms
(A) Keeper Tax 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.
(B) Keeper Tax may be required by law to send you communications about the Services or third party products. You agree that Keeper Tax may send these communications to you via email, text and/or by posting them on our Site, all in Keeper Tax’s sole discretion.
(C) Some of the Services involve Keeper Tax sending you communication via text message. You agree that Keeper Tax may send these communications to you.
(D) You are responsible for securely managing your password(s) for the Services and to contact Keeper Tax if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
(E) You may provide us with your telephone number as part of your customer record or registration or via other methods. You understand and agree that Keeper Tax may use your telephone number for “multi-factor authentication” (“MFA”), to confirm your identity and help protect the security of your account. Part of the MFA identity verification process may involve Keeper Tax sending text messages containing security codes to your telephone number. You agree to receive these texts from Keeper Tax containing security codes as part of the MFA process. In addition, you agree that Keeper Tax may send automated text messages and pre-recorded voice messages to the telephone number you provide for other limited purposes, including: providing you with important critical notices regarding your use of the Services, or fulfilling a request made by you through the Services.
(10) Disclaimer of Warranties
(A) Your use of the Services, Software, and Content is entirely at your own risk. except as described in this Agreement, the Services are provided “as is.” to the maximum extent permitted by applicable law, Keeper Tax, its Affiliates, and its third party providers, licensors, distributors or suppliers (collectively,”suppliers”) disclaim all warranties, express or implied, including any warranty that the services are fit for a particular purpose, title, merchantability, data loss, non-interference with or non-infringement of any intellectual property rights, or the accuracy, reliability, quality or content in or linked to the services. Keeper Tax and its Affiliates and suppliers do not warrant that the services are secure, free from bugs, viruses, interruption, errors, theft or destruction. If the exclusions for implied warranties do not apply to you, any implied warranties are limited to sixty (60) days from the date of purchase or delivery of the services, whichever is sooner.
(B) Keeper Tax, its Affiliates and suppliers disclaim any representations or warranties that your use of the services will satisfy or ensure compliance with any legal obligations or laws or regulations.
(11) Limitation of Liability
To the maximum extent permitted by applicable law, the entire liability of Keeper Tax, 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, Keeper Tax, its Affiliates and suppliers are not liable for any of the following: (a) indirect, special, incidental, 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 Keeper Tax systems requirements. The above limitations apply even if Keeper Tax and its Affiliates and suppliers have been advised of the possibility of such damages. This agreement sets forth the entire liability of Keeper Tax, its Affiliates and your exclusive remedy with respect to the services and its use.
You agree to indemnify and hold Keeper Tax and its affiliates, suppliers, officers, agents, employees, attorneys, accountants, and partners harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). Keeper Tax 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 Keeper Tax in the defense of any Claims.
Keeper Tax reserves the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our Site or when we notify you by other means. We may also change or discontinue the Services, in whole or in part, at any time. Your continued use of the Services indicates your agreement to the changes.
(A) Keeper Tax may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services or your account effective immediately, in whole or in part, for suspicion of fraud, security, illegal activity or unauthorized access issues to protect the integrity of our Services or systems and comply with applicable Keeper Tax policy, or if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Keeper Tax’s rights to any payments due to it. Sections (2)(B) and (3) through (16) will survive and remain in effect even if the Agreement is terminated.
(15) European Union
Due to European Union (EU) and European Economic Area (EEA) regulatory requirements, we do not provide service or intentionally collect data from EU or EEA residents. By using our service, customers represent that they are not EU or EEA residents.
(16) Governing Law
California state law governs this Agreement without regard to its conflicts of laws provisions.
(17) Disputes / Arbitration
(A) Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand and agree that by entering into these terms, you and company are each waiving the right to trial by jury or to participate in a class action.
(B) To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Keeper Tax Inc. at 770 California St, Apt. 209, San Francisco, CA 94108. This Section (15) shall survive expiration, termination or rescission of this Agreement.
We respect the intellectual property rights of others, and we reserve the right to delete or disable user content alleged to be infringing, and to terminate the accounts of alleged infringers. To learn more about the Digital Millennium Copyright Act (the “DMCA”), click here.
(19) Referral Program
Every Keeper Tax user gets his, her or its own unique referral link. When another user signs up for the Services after clicking on that unique link and becomes a paying subscriber, the referring user will receive a monetary bonus of Twenty Dollars ($20). Keeper Tax reserves the right to deny payment if the referred user cancels immediately, does not have self-employment income, or for any other reason as determined in the sole discretion of Keeper Tax. Keeper Tax also reserves the right to terminate the referral program at any time.
This Agreement is the entire agreement between you and Keeper Tax 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. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of Keeper Tax. However, Keeper Tax may transfer, assign, or delegate this Agreement and our rights and obligations without your consent. If you want to request a transfer of this Agreement, contact Keeper Tax via an email to: support@KeeperTax.com.
(21) Accuracy Guarantee
Keeper Tax cannot and does not assume any liability, claim, or loss for any user generated errors, including but not limited to data entry errors. However, Keeper Tax does offer an Accuracy Guarantee that the tax formulas and calculations accessed via any of the Services offered on the Site are accurate and will produce results consistent with federal and state standards for preparing and/or filing tax returns. In the event any of the formulas and/or calculations utilized in any of the Services offered by Keeper Tax are incorrect, then Keeper Tax will reimburse you any penalties and/or interest imposed by the Internal Revenue Service and/or your state of residence to the extent that such are imposed as a result of any such erroneous formulas and/or calculations. The Accuracy Guarantee is limited to penalties and/or interests as stated in this section and to no other amount(s).
If you believe that an above described calculation or formula error has occurred, you must notify Keeper Tax as soon as you are made aware of the mistake (and in no event later than 45 days after the interest or penalty is assessed) by phone at 1-415-644-8982 or mail at:
Keeper Tax Inc. - Accuracy Guarantee
770 California St, Unit 209
San Francisco, CA 94108
Keeper Tax will then contact you to resolve the issue. In order to investigate your issue, Keeper Tax requires supporting information such as a copy of the IRS/state notice, evidence of payment of the specified penalty and/or interest, etc.”
(22) Acceptable Use Policy
This Keeper Tax Acceptable Use Policy (“AUP”) is designed to protect the integrity, reliability and stability of the networks, systems, application, and related services of Keeper Tax Inc. (the “Keeper Tax Platform”) and is applicable to any user of the Keeper Tax Platform, including, but not limited to Keeper Tax customers (collectively, “Users”). Use of the Keeper Tax Platform by a User must, at all times, conform to this AUP, as well as any other terms and conditions between the User and Keeper Tax. By accessing or using any part of the Keeper Tax Platform, User agrees to be bound by this AUP. Each User shall be responsible for its direct use of the Keeper Tax Platform, as well as that of any third-party that such User has enabled to use the Keeper Tax Platform. Keeper Tax reserves the right, in its sole and exclusive discretion, to modify this AUP. Keeper Tax shall use commercially reasonable efforts to post notification of any such changes to this AUP on its website or through the Keeper Tax mobile app. However, continued use of or access to the Keeper Tax Platform following the posting of any changes constitutes acceptance of those changes. This AUP replaces any previous AUPs that may have been previously posted by Keeper Tax regarding the subjects addressed below.
Deliver this Notice, with all items completed, to Keeper Tax’s Designated Copyright Agent:
Copyright Agent c/o
Keeper Tax Inc.
770 California St Unit 209
San Francisco, CA 94108