Last Updated: January 16, 2025
Agreement to Terms
Welcome to Prestige III. These Terms of Service ("Terms") govern your access to and use of our cloud-based tax preparation software, mobile applications, and related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES. Your continued use of the Services constitutes your acceptance of these Terms and any modifications we make to them.
Eligibility
To use Prestige III Services, you must:
- Be at least 18 years of age or the age of majority in your jurisdiction
- Be a licensed tax professional or authorized representative
- Have the legal authority to enter into this agreement
- Provide accurate, current, and complete information during registration
- Maintain the security of your account credentials
- Comply with all applicable federal, state, and local laws and regulations
Account Registration & Security
Account Responsibilities
When you create an account with Prestige III, you agree to:
- Provide accurate and complete registration information
- Maintain and promptly update your account information
- Keep your password secure and confidential
- Notify us immediately of any unauthorized access or security breaches
- Accept responsibility for all activities that occur under your account
- Not share your account credentials with any third party
We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive, or illegal activity.
Services Provided
Prestige III provides cloud-based tax preparation software and related services, including:
- Tax Preparation Software: Tools to prepare federal and state tax returns
- E-Filing Services: Electronic transmission of tax returns to the IRS and state agencies
- Bank Products: Refund transfer and payment processing services through partner financial institutions
- Document Management: Secure storage and management of tax documents
- Mobile Applications: TaxesToGo® mobile app for clients
- Technical Support: Customer support and technical assistance
- Updates & Maintenance: Software updates and system maintenance
License & Acceptable Use
License Grant
Subject to your compliance with these Terms, Prestige III grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your professional tax preparation business.
Prohibited Uses
You agree NOT to:
- Use the Services for any illegal purpose or in violation of any laws
- Reproduce, modify, distribute, or create derivative works of the Services
- Reverse engineer, decompile, or disassemble any part of the Services
- Attempt to gain unauthorized access to our systems or networks
- Upload malicious code, viruses, or harmful content
- Interfere with or disrupt the Services or servers
- Use automated systems (bots, scrapers) to access the Services
- Resell, sublicense, or redistribute the Services without authorization
- Remove or alter any proprietary notices or labels
- Use the Services to prepare fraudulent or false tax returns
Fees & Payment Terms
Subscription & Fees
Use of Prestige III Services requires payment of applicable fees:
- Subscription Fees: Charged based on your selected plan and billing cycle
- E-File Fees: Per-return fees for electronic filing services
- Bank Product Fees: Fees associated with refund transfers and payment processing
- Additional Services: Fees for optional add-on features or services
Payment Terms:
- All fees are quoted in U.S. Dollars and are non-refundable unless otherwise stated
- Subscription fees are charged in advance on a monthly or annual basis
- You authorize us to charge your payment method for all applicable fees
- Failure to pay fees may result in suspension or termination of Services
- We reserve the right to change fees with 30 days' notice
- Late payments may incur additional charges as permitted by law
IRS Requirements & Compliance
As an IRS Authorized E-File Provider, Prestige III and its users must comply with IRS regulations:
- PTIN Requirement: All tax preparers must have a valid Preparer Tax Identification Number
- Due Diligence: Exercise due diligence in preparing accurate tax returns
- Record Retention: Maintain tax records for the required retention period (minimum 3 years)
- IRS Circular 230: Comply with IRS regulations governing practice before the IRS
- Data Security: Follow IRS Publication 1075 requirements for safeguarding taxpayer data
- Reporting Requirements: Report suspicious activity and potential fraud as required
Professional Responsibility
You are solely responsible for the accuracy and completeness of all tax returns prepared using our Services. Prestige III provides tools and software but does not provide tax advice or assume liability for tax preparation errors or omissions.
Data Ownership & Privacy
Your Data
You retain all ownership rights to the data you input into the Services, including client information and tax returns. By using our Services, you grant us a limited license to process, store, and transmit your data to provide the Services.
Our collection and use of personal information is governed by our Privacy Policy. By using the Services, you consent to our data practices as described in the Privacy Policy.
Data Security: We implement industry-standard security measures to protect your data, including encryption, access controls, and regular security audits. However, no system is 100% secure, and you acknowledge the inherent risks of electronic data transmission.
Intellectual Property Rights
The Services, including all software, content, trademarks, logos, and proprietary information, are owned by Prestige III or its licensors and are protected by intellectual property laws.
- All trademarks, service marks, and trade names are proprietary to Prestige III
- You may not use our intellectual property without prior written consent
- Feedback or suggestions you provide may be used by us without compensation
- Our software and documentation are protected by copyright law
Third-Party Services & Integrations
Our Services may integrate with or provide access to third-party services, including:
- Partner financial institutions for bank products
- Payment processors for transaction processing
- Cloud infrastructure providers
- IRS and state tax agencies for e-filing
Your use of third-party services is subject to their respective terms and conditions. We are not responsible for third-party services, and your interactions with them are at your own risk.
Warranties & Disclaimers
Service Provided "AS IS"
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Implied warranties of merchantability, fitness for a particular purpose, or non-infringement
- Warranties that the Services will be uninterrupted, error-free, or completely secure
- Warranties regarding the accuracy or reliability of any information obtained through the Services
No Tax Advice: Prestige III provides software tools and services but does not provide tax, legal, or financial advice. You are solely responsible for determining the tax treatment of transactions and compliance with applicable laws.
System Availability: We strive to maintain 99.9% uptime but do not guarantee uninterrupted access. Scheduled maintenance, updates, and unforeseen technical issues may temporarily affect service availability.
Limitation of Liability
Liability Limitations
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- PRESTIGE III SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- THIS INCLUDES DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL
- OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM
- THESE LIMITATIONS APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
Some jurisdictions do not allow certain limitations of liability, so some of these limitations may not apply to you.
Indemnification
You agree to indemnify, defend, and hold harmless Prestige III, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:
- Your use or misuse of the Services
- Your violation of these Terms
- Your violation of any applicable laws or regulations
- Your violation of any third-party rights
- Tax returns you prepare using the Services
- Any negligence or willful misconduct on your part
Termination
Termination Rights
By You: You may terminate your account at any time by contacting customer support. Termination does not entitle you to a refund of prepaid fees.
By Us: We may suspend or terminate your account immediately if you:
- Violate these Terms or our policies
- Fail to pay applicable fees
- Engage in fraudulent or illegal activity
- Pose a security risk to our systems or other users
- Use the Services in a manner that could harm our reputation or business
Effect of Termination: Upon termination, your right to access the Services immediately ceases. We may delete your account data after a reasonable period, subject to legal retention requirements. You remain liable for any fees incurred prior to termination.
Dispute Resolution & Arbitration
Arbitration Agreement
Any dispute arising from these Terms or the Services shall be resolved through binding arbitration rather than in court, except that you may assert claims in small claims court if they qualify.
- Arbitration shall be conducted by the American Arbitration Association (AAA)
- The arbitration shall be held in a location mutually agreed upon or via videoconference
- Each party shall bear its own costs and attorneys' fees
- The arbitrator's decision is final and binding
- You waive any right to participate in class actions or class arbitrations
Governing Law: These Terms are governed by the laws of the United States and the state in which Prestige III is headquartered, without regard to conflict of law principles.
Changes to Terms
We reserve the right to modify these Terms at any time. When we make changes, we will:
- Update the "Last Updated" date at the top of this page
- Notify you via email or through the Services
- Provide at least 30 days' notice for material changes
Your continued use of the Services after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Services and terminate your account.
General Provisions
- Entire Agreement: These Terms constitute the entire agreement between you and Prestige III
- Severability: If any provision is found invalid, the remaining provisions remain in effect
- Waiver: Our failure to enforce any right does not constitute a waiver of that right
- Assignment: You may not assign these Terms without our consent; we may assign freely
- Force Majeure: We are not liable for delays due to circumstances beyond our control
- Notices: Legal notices must be sent to the address provided below