Terms of Service
These terms govern your use of the Docuzard Pro Portal and related services.
Table of Contents
1. SaaS Agreement
1.1 Subscription Terms
By subscribing to Docuzard Pro Portal ("the Service"), you agree to the following terms:
- Subscriptions are offered on a one-time setup fee basis with optional recurring add-ons.
- The Solo Practitioner tier includes a one-time setup fee of $499 with 50 starter credits.
- The Growing Tax Practice tier includes a one-time setup fee of $1,499 with 250 standard credits and 25 business credits.
- Additional credits may be purchased at any time through the Credits & Billing section.
1.2 Credit Policy
Credits Never Expire: All purchased credits remain valid indefinitely and carry over between tax seasons.
- One (1) Standard Credit is consumed per individual tax return (Form 1040).
- One (1) Business Credit is consumed per business entity return (Schedule C, 1120-S, 1065).
- Credits are non-refundable once purchased but may be transferred within your organization.
- Unused credits remain in your account regardless of subscription status.
1.3 Cancellation & Refunds
- One-time setup fees are non-refundable after account activation.
- Recurring add-on subscriptions (CRM, AI Tax Assist, Affiliate Engine) may be cancelled at any time.
- Cancellation takes effect at the end of the current billing period.
- Pro-rated refunds are not provided for partial billing periods.
- Upon cancellation, you retain access to your data for 90 days for export purposes.
2. Acceptable Use Policy
2.1 Professional Requirements
EFIN & PTIN Required: You must possess a valid Electronic Filing Identification Number (EFIN) and Preparer Tax Identification Number (PTIN) to use the tax preparation features of this Service.
- You warrant that all EFIN and PTIN numbers entered are valid and belong to your organization.
- You are responsible for maintaining current IRS credentials and certifications.
- You must comply with all IRS regulations regarding electronic filing and tax preparation.
- You agree to maintain professional liability insurance as required by your jurisdiction.
2.2 Prohibited Activities
You expressly agree NOT to:
- File Fraudulent Returns: Submitting false, misleading, or fraudulent tax returns is strictly prohibited and will result in immediate account termination and reporting to relevant authorities.
- Misrepresent Credentials: Using invalid, expired, or borrowed EFIN/PTIN numbers.
- Unauthorized Access: Accessing client data without proper authorization or consent.
- Identity Theft: Using client information for purposes other than tax preparation.
- Reselling Access: Sharing login credentials or reselling access to the Service.
- Circumvent Security: Attempting to bypass, disable, or interfere with security features.
- Automated Scraping: Using bots, scripts, or automated tools to access the Service.
2.3 Compliance Obligations
- You must comply with all applicable federal, state, and local laws regarding tax preparation.
- You are solely responsible for the accuracy and completeness of all tax returns filed through the Service.
- You must maintain appropriate client engagement letters and consent documentation.
- You agree to cooperate with any IRS audits or investigations related to returns filed through the Service.
3. Data Processing Agreement
3.1 Roles & Responsibilities
In relation to your clients' Personally Identifiable Information (PII):
- You are the Data Controller: You determine the purposes and means of processing client data.
- Docuzard is the Data Processor: We process client data solely on your behalf and under your instructions.
- You are responsible for obtaining all necessary consents from your clients for data collection and processing.
- You must provide clients with appropriate privacy notices regarding how their data will be used.
3.2 Data Security
Docuzard implements the following security measures:
- 256-bit TLS encryption for all data in transit.
- AES-256 encryption for all data at rest in our databases.
- SOC 2 Type II compliant infrastructure and processes.
- Regular security audits and penetration testing.
- Multi-factor authentication for all user accounts.
- Role-based access controls with audit logging.
3.3 Data Retention
- Tax return data is retained for seven (7) years as required by IRS regulations.
- Client contact information is retained for the duration of your subscription plus 90 days.
- Upon account termination, you may request a complete data export within 90 days.
- After the 90-day grace period, all client data is permanently deleted from our systems.
3.4 Sub-processors
The following third-party services may process data on our behalf:
- Google Cloud Platform: Infrastructure and hosting services.
- Firebase/Firestore: Database and authentication services.
- Stripe: Payment processing (PCI DSS compliant).
- CrossLink: IRS e-filing transmission services.
- DocuSign: Electronic signature services for engagement letters.
- SendGrid: Transactional email delivery.
4. Affiliate/MLM Program Terms
The following terms apply to users who have purchased the Affiliate Growth Engine add-on ($199/year):
4.1 Commission Structure
- Direct Referrals (Level 1): 10% commission on referred client's service fees.
- Second Level Referrals: 5% commission on clients referred by your direct referrals.
- Third Level Referrals: 2% commission on third-level referral revenue.
- Commission rates may be customized within your account settings.
- Maximum tree depth is limited to three (3) levels.
4.2 Payout Schedule
- Minimum payout threshold: $50 USD.
- Payouts are processed monthly on the 15th of each month.
- Commissions are calculated on confirmed, non-refunded transactions only.
- A 30-day hold period applies to all commissions for refund protection.
- Payouts are made via ACH bank transfer or PayPal (your choice in settings).
4.3 Anti-Spam & Compliance
Strict Anti-Spam Policy: Violation of these rules will result in immediate termination of your affiliate privileges and forfeiture of unpaid commissions.
- You may NOT send unsolicited bulk emails (spam) to promote your referral link.
- You may NOT make false or misleading claims about Docuzard services.
- You may NOT engage in paid advertising that violates platform terms (Google, Facebook, etc.).
- You may NOT use deceptive practices such as fake reviews or testimonials.
- All promotional materials must comply with FTC disclosure requirements.
- You must clearly disclose your affiliate relationship when promoting Docuzard.
4.4 Program Changes
- Docuzard reserves the right to modify commission rates with 30 days' notice.
- The affiliate program may be discontinued with 90 days' advance notice.
- Earned commissions prior to program changes will be honored.
5. Intellectual Property
- All Docuzard software, trademarks, and content remain the exclusive property of Docuzard Inc.
- You retain ownership of all client data and tax return content you create using the Service.
- You grant Docuzard a limited license to process your data solely to provide the Service.
- White-label branding rights are limited to display purposes within the mobile app interface.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOCUZARD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE SERVICE.
- Docuzard's total liability shall not exceed the fees paid by you in the twelve (12) months preceding the claim.
- You are solely responsible for the accuracy of tax returns filed through the Service.
- Docuzard is not liable for IRS penalties, interest, or audit outcomes resulting from tax returns you prepare.
- Service availability is provided on an "as-is" basis without warranty of uninterrupted access.
7. Termination
- Either party may terminate this agreement with 30 days' written notice.
- Docuzard may immediately terminate for breach of Acceptable Use Policy.
- Upon termination, you have 90 days to export your data.
- Surviving provisions include: Intellectual Property, Limitation of Liability, and Governing Law.
8. Governing Law
- These Terms shall be governed by the laws of the State of Delaware, USA.
- Any disputes shall be resolved through binding arbitration in accordance with AAA rules.
- Class action lawsuits and jury trials are expressly waived.
- Small claims court actions are permitted in your local jurisdiction.
Questions?
If you have questions about these Terms of Service, please contact us:
Docuzard Legal Department
Email: legal@docuzard.com
Address: 123 Tax Professional Way, Suite 400, Wilmington, DE 19801