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TaxAct Professional Software Terms of Sale

These Terms of Sale (“Terms”) govern the order of a license (“Order”) of TaxAct Professional software (“Software”) by the customer (“Customer”) from TaxAct, LLC (“TaxAct”). By placing an Order and making the associated payment, Customer agrees to be bound by these Terms.  

TaxAct’s Terms of Service apply to this Order, and by placing an Order, Customer agrees to be bound by the Terms of Service; provided that, in the event of a conflict between these Terms and the Terms of Service, these Terms shall control with respect to the Order. 

1. Payment Terms. Customer agrees to pay the full purchase price for the Software as specified in the Order confirmation. Payment is due in full at the time of Order placement. By confirming the purchase during the checkout process, Customer agrees to accept and pay for the Order. All payments are non-refundable except as expressly provided in these Terms. To be eligible to complete an Order, Customer must be at least the age of majority where Customer resides (18 years old in most states). All prices are in U.S. dollars. All prices posted on the TaxAct website are subject to change without notice. The price charged for the Software will be the price in effect at the time the Order is placed. Posted prices do not include taxes. Sales tax is charged on Orders where applicable. TaxAct is not responsible for pricing, typographical, or other errors in any offer and TaxAct reserves the right to cancel any Orders arising from such errors. TaxAct accepts payment methods as provided during the checkout process. TaxAct is not responsible for external payment processor practices or their terms. By placing an Order, Customer represents and warrants that the payment information supplied is accurate, the Customer is duly authorized to use the designated payment method, and the Customer authorizes TaxAct, or its payment processor, to charge the designated payment method. TaxAct reserves the right to automatically suspend or cancel any Order if it cannot verify the designated payment method, or if it is invalid or otherwise not acceptable. Only valid payment methods specified by TaxAct may be used. When using a coupon or promotion code, only one can be applied to an Order at a time. Once the code is applied, the subtotal of the Order will be adjusted. Customer should review and understand the promotional details to confirm that an Order qualifies for the promotion. 

2. Delivery of Software. The Software will be made available to Customer on or after the anticipated release date communicated by TaxAct. TaxAct will notify Customer when the Software is available for access or download. Until such time, no license to use the Software is granted. As used herein, the terms “sale,” “purchase,” or similar terms refer to Customer’s purchase of a license to access the Software when released. No right or title to the Software or any other TaxAct intellectual property is granted by these Terms. Upon release, TaxAct will deliver the Software electronically to Customer via TaxAct’s website. TaxAct provides download/access instructions on its website. 

3. Software License Agreement. Upon release of the Software, Customer will be required to accept TaxAct’s separate Professional Software License Agreement, which will govern Customer’s rights and obligations regarding the use of the Software. These Terms govern the payment and pre-release period. 

4. Cancellation. Customer may elect to cancel an Order: 

  • Prior to the initial release of the applicable tax year Software (“initial release of the Software”) and receive a full refund if Customer provides a written statement that Customer has (a) not accessed or retained any copies of the Software, (b) ceased use of the Software, (c) not violated any provision of these Terms or the Terms of Service, and (d) not disclosed any confidential or proprietary TaxAct materials to any third party. 

  • On or after the initial release of the Software, but prior to entering into the Professional Software License Agreement, provided Customer (a) has not activated, prepared, or electronically filed any tax returns using the Software, and (b) requests a refund in writing within thirty (30) days of initial Software release, TaxAct will refund the fee Customer paid in the Order, less fifteen percent (15%) for administrative, setup, and other costs associated with the cancellation. 

IN ADDITION, NO REFUND OF FEES WILL BE MADE if Customer has started or filed any tax returns, or violated any provision of the Terms of Service, the Professional Software License Agreement, or these Terms. No other offer of refund is provided. All determinations of the refund and amount will be made in TaxAct’s sole and absolute discretion.  

5. Limitation of Liability. TAXACT’S LIABILITY UNDER THESE TERMS IS LIMITED TO THE AMOUNT PAID BY CUSTOMER FOR THE SOFTWARE. TAXACT IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THIS PURCHASE. 

6. Governing Law and Jurisdiction. These Terms have been entered into and shall be governed, construed, and interpreted pursuant to and in accordance with the laws of the State of Texas, without regard to conflicts of law principles. Any actions that are not subject to mandatory arbitration as described in the Professional Software License Agreement or disputes over the arbitrability of any matter shall be brought in either the state court for the County of Dallas, State of Texas, or the federal court in the Northern District, Texas. 

7. Entire Agreement. These Terms, along with the Terms of Service incorporated by reference herein, constitute the entire agreement between TaxAct and Customer regarding the purchase and pre-release period of the Software and supersede all prior or contemporaneous communications and proposals, whether oral or written.