License Agreement

Last updated on October 22, 2024

The TaxesToGo™ mobile application (“Application” or “App”) made available in the App Store and/or Google Play Store is licensed, not sold, to you by Web Efiling LLC (“TaxesToGo”, “we”, “our”, “us”). This License Agreement (“Agreement”) applies to the Application and all related sites, players, widgets, tools, applications, data, software, application programmatic interfaces (APIs), and other services (collectively the “Platform”).

Your use of the Platform is conditioned on your acceptance and compliance with this Agreement and TaxesToGo’s Terms of Service and Privacy Policy, which are incorporated by reference herein, including payment of applicable fees. If you do not accept this Agreement, you must terminate your use of the Platform immediately. By downloading the Application, you indicate your unconditional acceptance of this Agreement.

As used in this Agreement, the terms “you”, “your”, or “user” are synonymous, and refer to the person using the Platform in any way. A “registered user” is a user of Application who complies with the terms and conditions of this Agreement. Note that you must be a registered user to be eligible for the limited warranty described below.

1. SCOPE OF LICENSE

Subject to our Terms of Use and your payment of any required fees (if applicable), TaxesToGo grants you a limited, revocable, non-exclusive, non-transferable, non- sublicenseable license to use the Platform to the extent permitted by its intended functionality for your own individual, personal, non-commercial purposes and not for the sublicense to or use by third parties. You may only access and/or use the Platform through official published applications or intended methods that TaxesToGo or our licensed partners make available to you. Any access or use of our Platform through an application, service, or method provided by a party other than TaxesToGo or one of our licensed partners is strictly prohibited, outside the scope of the license granted herein, and may subject your account to termination and other legal action. Any other use not authorized herein, or by TaxesToGo in writing, is strictly prohibited and a violation of this Agreement.

The terms of this Agreement will govern any content, materials, or services accessible from or purchased within the Application as well as upgrades provided by TaxesToGo that replace or supplement the original Application, unless such upgrade is accompanied by a separate license agreement.

You agree that TaxesToGo is not acting as your agent or fiduciary in connection with your use of the Platform. TaxesToGo shall have no responsibility or liability for damages or claims relating to any use of the Platform on a professional basis (i.e., for a preparer’s or other fee for tax preparation services), and you agree to indemnify TaxesToGo against any claims relating to such use.

Other than the limited license granted to you in this Agreement, TaxesToGo reserves all patent, copyright, trade secret, trade name, trademark, and other proprietary rights related to the Platform.

2. RESTRICTIONS

Prohibited activities

As a term of using our Platform, you agree not to engage in any of the following activities:

TaxesToGo has no obligation to monitor the Platform. However, you acknowledge and agree that TaxesToGo has the right to monitor the Platform electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Platform properly, or to protect itself or its customers.

TaxesToGo reserves the delete or remove any content, in whole or in part, that, in its sole discretion, is unacceptable, undesirable, inappropriate, or in violation of these Terms of Service.

You agree that you will not use the Platform in any manner that could damage, disable, overburden or impair the Platform or interfere with any other party’s use and enjoyment of the Platform. You will not use the Platform to violate any applicable law, rule or regulation and you will not encourage or enable others to violate any applicable law, rule, or regulation. While using the Platform, you will not: inflict emotional distress on others, humiliate others, assault or threaten others, impersonate others or misrepresent your affiliation, stalk, harass or harm another individual, collect or store personal data about other users, spam or send unsolicited communications to others, or otherwise participate in activity that may result in liability of any kind.

You agree to review your tax return data for indications of obvious errors prior to transmitting that data to your return preparer. You are responsible for acquiring and maintaining all equipment, computers, software, and communications services (such as cellular data charges) relating to the access and use of the Platform, and for all related expenses and applicable taxes.

If you sell your mobile device to a third party, you must remove the licensed Application from the device before doing so.

You agree that TaxesToGo may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the App (“Services”). We may use this information to improve our products or to provide services or technologies to you.

By downloading the App, you also agree to the collection, use, and sharing of your data in accordance with our Terms of Service and Privacy Policy. For example, you agree that TaxesToGo is permitted to access and use certain information provided by you in order to perform the Services and, if necessary, to access such information to

obtain contact information in order to provide notifications relating to the Services to you.

4. MODIFICATION, REVOCATION, OR TERMINATION OF LICENSE

TaxesToGo may revoke and/or terminate the foregoing license with respect to any aspect of the Platform at any time, for any or no reason. Your rights under this Agreement will terminate automatically if you fail to comply with any of its terms.

ANY USE OF THE PLATFORM NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.

In addition, TaxesToGo reserves the right, at any time, to change the terms of this Agreement by publishing notice of such changes on its website (www.taxestogo.com). Any use of the Platform by you after TaxesToGo's publication of any such changes shall constitute your acceptance of this Agreement as modified.

5. EXTERNAL SERVICES

The App may enable access to TaxesToGo’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. TaxesToGo is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any App or External Service is for general informational purposes only and is not guaranteed by TaxesToGo or its agents.

You will not use the External Services in any manner that is inconsistent with the terms of this Agreement or that infringes the intellectual property rights of TaxesToGo or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that TaxesToGo is not responsible for any such use. External Services may not be available in all languages or in your country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. TaxesToGo reserves the right to change, suspend, remove, disable, or impose access restrictions or limits on any External Services at any time without notice or liability to you.

6. NO WARRANTY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TAXESTOGO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH

RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

7. LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL LICENSOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE APPLICABLE PORTION OF THE SERVICES AT ISSUE WITHIN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM, OR THE AMOUNT OF FIFTY DOLLARS ($50.00), WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

8. EXPORT/RE-EXPORT

You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

9. COMMERCIAL ITEMS

The App and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R.

§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Unpublished-rights reserved under the copyright laws of the United States.

10. GOVERNING LAW; RESOLUTION OF DISPUTES

Any claim, controversy, or dispute arising out of or in connection with this License Agreement shall be subject to the informal resolution and arbitration provisions in our Terms of Service.