Terms of Service - TurboTax and TurboImpôt Online - Tax Year 2022
Thank you for selecting the Services offered by Intuit Canada ULC and/or its subsidiaries or affiliates (referred to as "Intuit", "we", "our" or "us"). Review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal agreement between you and Intuit. By creating an account, indicating acceptance electronically, or by installing, accessing or using the Services, you agree to this Agreement. If you do not agree to this Agreement, then you may not use the Services.
A - GENERAL TERMS
1.1 This Agreement describes the terms governing your use of the Intuit online services provided to you on this website, including online software and services, any mobile applications, Content (defined below), updates and new releases (collectively, the “Services”). This Agreement includes by reference:
- Intuit's Privacy Statement;
- Additional terms and conditions, including any terms provided separately to you in relation to the Services, including product or program terms, pricing and offer terms, ordering, activation and payment terms, disclosures and disclaimers, etc.; and
- Any third-party terms and conditions.
1.2 You must be at least 18 years of age to use our Services. By accessing or using our Services, you agree that:
- You can form a binding contract with Intuit;
- You are not a person who is prohibited from receiving the Services under the laws of the Canada or any other applicable jurisdiction; and
- You will comply with this Agreement and all applicable local, provincial, national and international laws, rules and regulations, including import and export regulations.
2. YOUR RIGHTS TO USE THE SERVICES
2.1 The Services are protected by copyright, trade secret and other intellectual property laws. You are only granted certain specific, limited rights to access and use the Services and only for the purposes described herein. Intuit reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Intuit grants to you a personal, limited, non-exclusive, non-transferable right and license to access and use the Services solely for the purpose(s) and in accordance with the terms set forth below.
2.2 You agree not to use, nor permit any third party to use, the Services in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
- Provide access to or give any part of the Services to any third party;
- Reproduce, modify, copy, sell, trade, lease, rent or resell the Services;
- Decompile, disassemble, or reverse engineer the Services; or
- Make the Services available on any file-sharing or application hosting service.
For Services offered for a fee, the following terms apply, unless Intuit or its third party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes offer, program ordering and payment terms provided to you on the website for the Services.
a. Payments will be billed to you in Canadian dollars, and your payment mechanism will be debited when you provide your payment information and purchase access to use the Services, unless stated otherwise in the offer, ordering or payment terms on the website for the Services.
b. You must pay with a valid credit card acceptable to Intuit.
4. USE WITH YOUR MOBILE DEVICE
Use of these Services may be available through a compatible mobile device, requiring Internet access and certain specific operation system and mobile application software. 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.
INTUIT MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO:
(i) THE AVAILABILITY, PRIVACY OR SECURITY OF TELECOMMUNICATION OR INTERNET SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
(ii) ANY LOSS, DAMAGE OR 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.
YOU AGREE YOU ARE SOLELY RESPONSIBLE FOR THE AVAILABILITY, PRIVACY AND SECURITY OF YOUR INTERNET CONNECTION.
5. YOUR PERSONAL INFORMATION
5.1 Personal Information We Receive. We may receive personal information from you:
- Through your use of the Services;
- Where you allow us to collect Usage Data (defined below); and/or
- When you request support services or require technical assistance.
By using the Services or taking one of the actions described above, you acknowledge that Intuit will process your personal information as described in our Global Privacy Statement.
5.2 Multi-Factor Authentication. 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 TurboTax, 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 mobile phone number. You agree to receive these text message(s) from Intuit containing security code(s) as part of the MFA process.
6. CONTENT AND USE OF THE SERVICES
6.1 Responsibility for Content and Use of the Services
a. Content includes any data, information, materials, text, graphics, images, music, software, audio, video or works of authorship of any kind that are uploaded, transmitted, posted, generated, stored or otherwise made available through the Services ("Content"), which will include without limitation any Content that account holders (including you) provide through your use of the Services. By making your Content available through your use of the Services, you grant Intuit a worldwide, royalty-free, non-exclusive license to access, host, modify, reproduce, and use your Content for the purposes of delivering you the Services and making derivative works of your Content for the purposes of improving the Services, including through the use of machine learning and other technologies. You hereby assign, now and forever, throughout the world, all of its rights, title and interest to all derivative works developed by us and you hereby absolutely and irrevocably waive, in favour of us, to the extent permitted by applicable law, any and all claims you may now or hereafter have in any jurisdiction to any moral rights in relation to such derivative works.. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Intuit is not responsible for any of your Content that you submit through the Services.
b. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following:
i. Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation that which is excessively violent, incites or threatens violence, encourages "flaming" others or criminal or civil liability under any local, provincial, federal or foreign law;
ii. Content that would impersonate someone else or falsely represent your identity or qualifications; that may constitute a breach of any individual’s privacy; is illegally unfair or deceptive; or creates a safety or health risk to an individual or the public;
iii. Except as permitted by Intuit in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or spamming or flooding;
iv. Virus, Trojan horse, worm or other disruptive or harmful software or data; and
v. Any Content that you do not own or have the right to use without permission from the intellectual property rights owners thereof.
6.2 Restricted Use of the Services.
You shall not engage in, solicit or promote, nor shall you permit any other user of the Services or any other party to engage in, solicit or promote, any activity that is objectionable or may be illegal, violates the rights of others, is likely to cause notoriety, harm or damage to the reputation of Intuit or could subject Intuit to liability to third parties, including: (i) unauthorized access, monitoring, interference with or use of the Services or third party accounts, data, computers, systems or networks; (ii) interference with others’ use of the Services or any system or network, including mail bombing, broadcast or denial of service attacks; (iii) unauthorized collection or use of personal or confidential information, including phishing, pharming, spidering and harvesting; (iv) viewing or other use of any Content that, in Intuit’s opinion, is prohibited under this Agreement; (v) any other activity that places Intuit in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction; or (vi) attempting to probe, scan, penetrate or test the vulnerability of an Intuit system or network or to breach Intuit’s security or authentication measures, whether by passive or intrusive techniques. Intuit reserves the right to not authorize and may terminate your use of the Services based on reasonable suspicion of your activities, business, products or services that are objectionable or promote, support or engage in any of the restricted uses described above.
6.3 Community forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services 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.
6.4 Intuit may freely use feedback you provide. You agree that Intuit 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 Intuit a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty-free license to use the feedback you provide to Intuit in any way.
6.5 Intuit may monitor Content. Intuit may, but has no obligation to, monitor access to or use of the Services or Content or to review, remove or edit any Content for the purpose of operating the Services, 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 Services properly. Intuit, in its sole discretion, may refuse to post, remove, 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.
7. ADDITIONAL TERMS
7.1 Intuit does not give professional advice. Unless specifically included with your chosen version of the Services, 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.
7.2 We may tell you about other Intuit Services You may be offered other services, products or promotions by Intuit ("Intuit Services"). Additional terms and conditions and fees may apply. With some Intuit Services, you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant Intuit permission to use information about you, your business (if provided by you) and your experience to help us to provide the Intuit Services (including other products and services you might be interested in), to develop new products and services and to enhance the Services.
7.3 Communications. Intuit may be required by law to send you communications about the Services or third party products. Intuit may also need to send you notifications about the Services, including but not limited to account, Service status, security and payment-related notifications. You agree that Intuit may send these communications to you via email, mobile push notifications or, where applicable, by posting notices for all users on our websites.
7.4 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact Intuit 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.
8. DISCLAIMER OF WARRANTIES
8.1 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, INTUIT, ITS AFFILIATES AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY "SUPPLIERS") DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OR CONDITION THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE SERVICES. INTUIT 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 OR CONDITIONS DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES OR CONDITIONS ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OF A LICENSE TO USE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER. SOME PROVINCES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM PROVINCE TO PROVINCE.
8.2 INTUIT, 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.
9. LIMITATION OF LIABILITY AND INDEMNITY
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 TO USE THE SPECIFIC VERSION(S) OF THE SERVICES YOU ACCESS AND USE UNDER THIS AGREEMENT. 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 YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold Intuit and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable legal fees and disbursements on a full indemnity basis, arising out of your use of the Services or breach of this Agreement, including third party claims (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.
We reserve the right to modify this Agreement, in our sole discretion, at any time, and the modifications will be effective when posted through the Services or on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. It is important that you review this Agreement whenever we modify it because your continued use of the Services after such modifications indicates your agreement to such modifications.
Intuit may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services, related products or other services, effective immediately, in whole or in part, if we determine that your use of the Services 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 Services or systems and comply with applicable Intuit policy, if you no longer agree to receive electronic communications or if your use of the Services conflicts with Intuit’s interests or those of another user of the Services. Upon Intuit’s notice that your use of the Services has been terminated, you must immediately stop using the Services, and any outstanding payments will become due. Any termination of this Agreement shall not affect Intuit’s rights to any payments due to it. Intuit may terminate a free account at any time. Sections 2.2 and 3 through 16 will survive and remain in effect even if the Agreement is terminated.
12. EXPORT RESTRICTIONS
You acknowledge that the Services, 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 V), and that you will comply with all applicable laws and regulations. You will not export or re-export any part of the Services, 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.
13. GOVERNING LAW
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. Intuit does not represent that the Services are appropriate or available for use in all countries. You are accessing the Services on your own initiative, and you are responsible for compliance with all applicable laws.
Except in Quebec, 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. In Quebec, the French language version of this Agreement shall be equally authoritative. The parties hereby confirm that they have requested that this Agreement and all related documents be drafted in English as well as French. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais comme le français.
This Agreement, including the Additional 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. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You may not assign or transfer this Agreement to anyone without written approval of Intuit. However, Intuit may assign or transfer this Agreement without your consent to (a) an affiliate, (b) a company through a sale of assets by Intuit or (c) a successor by merger. Any attempted assignment by you in violation of this Section shall be void.
16. PROVINCE SPECIFIC TERMS
These terms apply only to consumers in the following province. In the event of a conflict or inconsistency between the terms of this Agreement and this Section 16, the terms of this Section 16 shall apply:
Québec Consumers. If you are a consumer located in Québec, the following terms apply to you:
Disclaimer of warranties. THE SOLE WARRANTY APPLICABLE TO THIS AGREEMENT AND THE SERVICES IS THE MANDATORY LEGAL WARRANTY PROVIDED UNDER THE CIVIL CODE OF QUÉBEC AND ANY WARRANTY PROVIDED FOR UNDER THE CONSUMER PROTECTION ACT (QUÉBEC).
Modifications. Provisions relating to the Services, the price and payment terms for the Services, the party providing the Services, renewal and termination rights and any provision of the Intuit Privacy Statement may be modified or amended upon 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 during the notice period.
Termination. Termination of this Agreement by Intuit without default by you is only effective upon 60 days prior written notice.
Governing law. Any disputes arising out of or related to this Agreement or the Services shall be governed by the laws of Province of Québec and the laws of Canada applicable therein.
November 2022 (Canada)
B. ADDITIONAL TERMS AND CONDITIONS FOR THE INTUIT TURBOTAX ONLINE AND TURBOIMPÔT ONLINE SERVICES (THE "SERVICES").
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
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 single personal tax return; (ii) personal tax returns for an individual and that individual's spouse (two (2) return fees apply); or (iii) up to a total of twenty (20) tax returns, respectively, depending on the number of returns purchased by you, as provided within your online user account.
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 (i) a single, simple personal tax return, as described 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 version or edition of the Services. You understand that the free version of edition of the Services does not include all tax forms. 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 includes:
- 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
Additionally, you understand and agree that anyone with access to your user account can access all of the returns prepared with that account, including personal information contained within each return. You are responsible for the security of your account, and you agree not to share your username and password with anyone else. 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 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. Your activation code will be valid until August 31, 2024 and can only be used for Tax Year 2022.
If you are a paid user, you may complete the preparation of your tax return and print or download your tax return file, which you can use to file your tax return electronically or via post.
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 2022 are not accessible after November 30, 2025 and shall not be supported beyond that date.
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 or other fee); (iii) copy, reproduce, republish, upload, post, transmit, resell, distribute or re-distribute the material from the TurboTax site; (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.
Payment for Services. 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. Intuit may modify the applicable fees for each version of the Services and related offerings at any time without prior notice. The current fees charged by Intuit directly can be accessed on the TurboTax Canada website. Third party retail stores and third party websites 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.
Prices Subject to Change. Unless otherwise provided, prices are subject to change without notice. With the exception of TurboTax Live Full Service (for which pre-payment is required), you should confirm that the pricing for your use of the Services has not changed, 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. Your price will not change once you pay for your Service.
For users who have not yet paid for the Services, Intuit may increase prices at any time without notice. You understand it is your responsibility to check the published pricing on Intuit Canada TurboTax website(s) before completing payment.
Access to Specific Tax Forms is Limited. You understand that for Tax Year 2022, 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.
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).
Security and Data Storage. 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 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. 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.
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. Additionally, Intuit may retain and provide you with access to your 2022 tax return until November 30, 2025. Notwithstanding any statement to the contrary, you can delete your tax return file at any time by following the instructions provided by the Services. 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.
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 becoming a paid user and after making any modifications thereto. Intuit will not be responsible or liable for your failure to do so.
2. ACCURATE CALCULATION WARRANTY
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 available prior to filing your return and you pay a federal or provincial government penalty and/or interest 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; 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 pay you in the amount of the federal or provincial government penalty and/or interest paid by you to such federal or provincial government. If you believe such a calculation error occurred, and you have complied with the conditions in this paragraph, you must notify Intuit in writing at: Intuit Canada, Attention: TurboTax Returns Dept., 8 Spadina Avenue - Suite 1900 - Toronto, On - M5V 0S8 as soon as you learn of the mistake (and in no event later than thirty (30) days after the penalty and/or interest is assessed). Your written notice must also include a copy of your Notice of Assessment or Notice of Reassessment from the Taxing Authority. By filing such a claim, you agree to provide Intuit with your login credentials and authorization to access your TurboTax Tax Year 2022 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.
3. SATISFACTION GUARANTEE
Unless you have selected to pre-pay for the Services, 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.
4. INTUIT SERVICES AND THIRD PARTY SERVICES
4(b) Auto-Fill Import Services. The Services may include access to the optional “Auto-Fill” service where TurboTax may be able to import your Tax Year 2022 tax data from the CRA, on your behalf, to pre-fill parts of your Tax Year 2022 tax return (“Auto-Fill”). 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, 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 service is not available with any free versions of TurboTax.
4(c) Other Import Services. The Services may include a feature that allows you to import certain tax-related information from participating payroll processors and financial or other institutions. 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.
4(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, an Intuit tax expert (e.g., Chartered Professional Accountant or trained tax preparer) 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. Any changes must be made by you at your sole discretion. 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
- Audit or audit risk questions
- Business incorporation questions
- Multiple jurisdictions (Form T2203)
- Prior year tax returns
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. Intuit reserves the right to terminate Assist and Review at any time.
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.
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 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.
You are responsible for the overall accuracy of the data in your final tax return.
Assist and Review does not include any legal or investment advice, tax, estate or investment planning, or other areas of advice.
Assist and Review Prices Subject to Change. Unless otherwise provided, prices are ultimately determined at time of print or file electronically and are subject to change without notice. You should confirm that the pricing for your use of the Services has not changed, 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. Your price will not change once you pay for your Service.
4(f) TurboTax Live Full Service. TurboTax Live Full Service (“Full Service”), not available in Quebec, is available for use for the current tax year and up to the two preceding tax years only. Additional fees apply for each tax year return prepared under Full Service.
Tax Preparer Services. Through Full Service, a Tax Return Preparer 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). 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.
Communication through Full Service. Intuit may use a variety of methods (e.g., SMS (text), mobile push notifications, Internet, fax, email, chat or phone) to communicate with you in connection with Full Service. You may be required to provide various contact information, including but not limited to a mobile phone number and/or email address based on the means we choose to communicate with you. Standard message and data rates from your mobile provider may apply, and you agree that you are responsible for any mobile provider charges associated therewith.
Supporting Tax Documentation. You will be required to upload or otherwise provide the Tax Return Preparer with access to all necessary Supporting Tax Documentation indicated through Full Service or requested by the Tax Return Preparer. Some documents may require your signature prior to being sent to us and/or to being provided in hardcopy form. If your Tax Return Preparer provides you with the option to mail your Supporting Tax Documentation, you are responsible for maintaining copies of all such documentation. 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.
Your Tax Return Preparer may require that you enable Auto-Fill 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 4(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 Return Preparer perform Auto-Fill.
Identity Verification. You understand and agree that Intuit may, at its sole discretion, validate your identity, and the identity and contact information you provide, using public and private identity verification services, before preparing and filing a tax return on your behalf.
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 or other fee); (iii) copy, reproduce, republish, upload, post, transmit, resell, distribute, or re-distribute the material from the Intuit website; (iv) use Full Service for a tax return in Quebec. You understand and agree that Full Service shall be provided in the English language only.
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
- Audit or audit risk questions
- Business incorporation questions
- Multiple jurisdictions (Form T2203)
- Prior year tax returns
Storage/Deletion of Your Tax Return File. You will be provided a PDF copy of your tax return. Except to the extent required by applicable law, Intuit has no obligation to store or maintain any tax return files or supporting documents beyond the period required by CRA, if any. Intuit may be required by law or otherwise to retain returns or certain other documents even if you choose not to complete your tax return through Full Service. Notwithstanding any statement to the contrary, you can delete your tax return file at any time in accordance with our privacy policies then in effect by notifying Intuit, after which it will no longer be available to you.
Availability of Full Service. Intuit is not responsible for the late filing of your tax return due to any discontinuation of, or interruption in, Full Service. 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 a copy of your tax return file upon becoming a paid user and after making any modifications thereto. Intuit will not be responsible or liable for your failure to do so.
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 Return Preparer who will sign 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 Return Preparer and for reviewing your tax return before it is filed to verify its overall completeness and accuracy. You understand and agree that you are ultimately responsible for the accuracy and truthfulness of your tax return(s).
TurboTax Live Full Service Guarantee. The following guarantee shall apply only to returns filed using TurboTax Live Full Service for individuals. TurboTax Live Full Service Business not included.
If you are a registered user of TurboTax Live Full Service and you pay a CRA or provincial tax penalty and/or interest as levied in a first notice from such tax authority (and not as a result of a negotiated payment plan), and such penalty and/or interest is due solely to an error your TurboTax Live Full Service Expert made while preparing your return, and not as a result of, among other things:
- your failure to provide all required information and do so accurately,
- your willful or fraudulent omission or inclusion of information for your tax return, or misrepresentation of your tax information,
- tax law changes made by government or tax authorities after your return was filed,
- failure to file your tax return on time or to take other action requested by the Expert, or
- failure to file an amended return to avoid or reduce an applicable penalty/interest after Intuit or the Expert informed you of updates or corrections in time for you to file an amended return,
then Intuit will reimburse the amount actually paid by you to the tax authority in penalties and/or interest as levied against you in such first notice – but not any taxes owned, or amounts, penalties, or interest due, payable or paid by you as a result of a further/late notice or payment plan you may enter into (or have entered into) with such tax authority.
You are responsible for paying any additional tax liability you may owe and for providing any other information Intuit reasonably requests to validate your claim. A "registered user" is a user of TurboTax Live Full Service from whom Intuit has received the information necessary to permit an assigned TurboTax Live Full Service Expert to file a tax return prepared using the TurboTax Live Full Service version of the Services and who complies with the terms and conditions of this Agreement.
If you believe such an error occurred, you must notify Intuit as soon as you learn of the mistake and in no event later than thirty (30) days after the penalty or interest is assessed.
To initiate a claim under this Guarantee, please contact Intuit using 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. You will be required to provide all tax-related documents, and any other relevant documents or information we reasonably request, either electronically or by tracked mail (to ensure proof of delivery), to enable Intuit to validate and process your claim. To validate a claim Intuit may require, among other documents, a copy of your tax return (particularly if you did not electronically file), a copy of the notice from the tax authority and any other documents to support proof of income, credits or deductions. You are responsible for maintaining all information and documents that may be relevant to the accuracy of your tax return. In this regard, you are 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 the Accurate Calculation Warranty or the TurboTax Satisfaction Guarantee above.
4(g) TurboTax Live Full Service for Business – Limited Pilot Test for Selected Users. For Tax Year 2022, you may be offered a version of the Services whereby you can use TurboTax Live Full Service to prepare and file a certain type of business tax return. Intuit will only offer this service to a limited number of Intuit-selected users as part of a limited pilot test and reserves the right to discontinue such pilot test and version of the Services at any time. If you are offered such a version of the Services, you agree that all the terms set forth above in Section 4(f) that can also apply to a T2 business return will apply to preparation and filing of your T2 business return(s) under the pilot test.
Additionally, you affirm that you are a designated representative of the business for which the return is being prepared and filed and that you are legally authorized to file returns on its behalf. You will only provide Intuit with information and data regarding the relevant business for which you are an authorized representative as set forth herein, and not the information and data of any other business or third party. If you share another business’s information or data (e.g., in an attempt to file a return for a business you aren’t a part of or for which you yourself are a paid tax preparer), Intuit has the right to immediately cancel the Services and delete any information and data of the third party.
During this limited pilot test, only a small number of T2 returns will be accepted and only for a limited time period. For the pilot test, only Canada Inc or Ontario Inc corporations that solely operate in Ontario are eligible, and such corporations cannot have any permanent establishment elsewhere. Furthermore, these corporations cannot have more than 251 bookkeeping transactions, more than two bank accounts, or more than one credit card used for business. The test will not be available to Non-CCPC’s (Canadian Controlled Private Corporations), and corporations cannot have prior-year returns under audit, SR&ED claims, or multiple manager owners. Additionally, advisory services (e.g., tax planning, restructuring, legal advice or other professional advice) is not included.
4(h) ReFILE Service. ReFILE allows you to make changes to your previously NetFiled tax return for tax years 2020, 2021, and 2022. 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.
4(i) Help and Support. Intuit may use a variety of methods (e.g., 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 (only) 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.
5. 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 as part of your customer record or registration or via other method. 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.
Intuit, the Intuit logo, ImpôtRapide, TurboImpôt, TurboTax and the TurboTax logo, among others, are registered trademarks and/or service marks of Intuit Inc. or Intuit Canada ULC in Canada and other countries.
Microsoft, Windows and Microsoft Internet Explorer are registered trademarks of Microsoft Corporation. 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 are 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.
7. MOBILE APPLICATION USAGE
7.1 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.
7.1(a) 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.
7.1(b) 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.
7.19(c) If you downloaded the mobile app from the iTunes 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 express 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, 2632 Marine Way, 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.
Copyright © 2022 Intuit Canada ULC or one of its affiliates. All rights reserved.
November 2022 (Canada)