Please read and agree to our Terms & Conditions before creating your account.
These Terms and Conditions of Service ("Agreement") constitute a legally binding agreement between [COMPANY LEGAL NAME] ("Company," "we," "us," or "our") and you ("Client" or "User"), governing your access to and use of the R&D Tax Credit platform (the "Platform"). BY CREATING AN ACCOUNT, CHECKING THE ACCEPTANCE BOX, OR OTHERWISE USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE THE PLATFORM.
"Platform": The web-based software application provided by the Company for organizing, calculating, and generating documentation related to the U.S. Federal R&D Tax Credit under IRC Section 41.
"Credit Calculation": The estimated R&D tax credit amount generated by the Platform based solely on information submitted by the Client.
"Generated Documents": The Form 6765, Finalization Letter, Technical Narrative, and any other output files produced by the Platform.
"Qualified Research Expenses" or "QRE": Wages, supplies, and contractor costs as defined under IRC Section 41 and entered by the Client into the Platform.
"Service Fee": Fifteen percent (15%) of the Credit Calculation, payable by the Client prior to release of Generated Documents.
3.1 Software Platform Only. The Company is a software technology company. The Platform provides automated tools to assist clients in organizing financial and project data, estimating R&D tax credits, and generating supporting documentation.
THE COMPANY IS NOT A CERTIFIED PUBLIC ACCOUNTING FIRM, TAX PREPARATION FIRM, LAW FIRM, OR LICENSED TAX ADVISOR. NOTHING ON THE PLATFORM, IN THE GENERATED DOCUMENTS, OR IN ANY COMMUNICATION FROM THE COMPANY CONSTITUTES TAX ADVICE, LEGAL ADVICE, ACCOUNTING ADVICE, OR PROFESSIONAL SERVICES OF ANY KIND.
3.2 No Professional Advice. The Credit Calculation is a software-generated estimate based solely on data entered by the Client. It should not be relied upon as a guarantee or warranty of any tax benefit or IRS approval.
3.3 Independent Review Recommended. The Company strongly recommends that all Clients engage a licensed CPA, tax attorney, or other qualified tax professional to review the Generated Documents before filing any tax return with the IRS.
3.4 No Filing Services. The Company does not prepare, file, or submit tax returns on behalf of Clients. The Client is solely responsible for all tax filings.
4.1 Accuracy of Data. The Client is solely and exclusively responsible for the accuracy, completeness, and truthfulness of all information entered into the Platform, including employee wages, project descriptions, contractor amounts, supply costs, R&D percentages, and all supporting documentation uploaded.
THE COMPANY BEARS NO RESPONSIBILITY WHATSOEVER FOR ANY CREDIT CALCULATION, GENERATED DOCUMENT, OR TAX FILING THAT IS BASED ON INACCURATE, INCOMPLETE, MISLEADING, OR FRAUDULENT INFORMATION PROVIDED BY THE CLIENT. IF THE CLIENT PROVIDES FALSE OR MISLEADING INFORMATION, THE CLIENT ALONE BEARS FULL LEGAL, FINANCIAL, AND CIVIL LIABILITY FOR ANY RESULTING PENALTIES, INTEREST, FINES, OR OTHER CONSEQUENCES.
4.2 Fraudulent Submissions. Knowingly submitting false or inflated figures to generate an overstated R&D tax credit may constitute federal tax fraud under 26 U.S.C. § 7206. The Company will cooperate fully with any lawful government investigation and reserves the right to terminate the Client's account immediately upon discovery or reasonable suspicion of fraudulent activity.
4.3 Account Security. The Client is responsible for maintaining the confidentiality of their login credentials and all activity that occurs under their account.
5.1 Service Fee. The Company charges a Service Fee equal to fifteen percent (15%) of the Credit Calculation generated by the Platform.
5.2 Payment Required Before Document Release. The Generated Documents — including Form 6765, the Finalization Letter, and the Technical Narrative — will not be released until the Service Fee has been paid in full.
ALL SERVICE FEES ARE NON-REFUNDABLE ONCE PAID, REGARDLESS OF WHETHER THE CLIENT FILES THE GENERATED DOCUMENTS, WHETHER THE IRS ACCEPTS, REJECTS, OR REDUCES THE CREDIT CLAIM, OR WHETHER THE ACTUAL CREDIT RECEIVED DIFFERS FROM THE CREDIT CALCULATION.
5.3 No Guarantee of Credit. Payment of the Service Fee is compensation for access to the Platform and document generation only. It does not constitute a guarantee that the IRS will approve or pay out any tax credit.
5.4 Taxes. The Client is responsible for any applicable taxes assessed on the Service Fee.
6.1 No Audit Assistance. The Company does not provide audit defense, IRS representation, power of attorney services, or any assistance if the Client's tax return or R&D credit claim is selected for examination or audit by the IRS or any other taxing authority.
6.2 Client's Sole Responsibility. If the Client's R&D tax credit claim is audited, challenged, reduced, disallowed, or subject to penalties or interest, the Client is solely responsible for responding to and resolving such matters at the Client's sole cost and expense. The Company shall have no liability in connection with any audit or IRS proceeding.
6.3 Substantiation Requirements. The Client acknowledges that R&D tax credits under IRC Section 41 are subject to stringent IRS substantiation requirements. The Client is solely responsible for maintaining sufficient records and documentation to support any credit claimed.
7.1 Platform Ownership. The Platform, including its underlying software, algorithms, design, user interface, and all content generated by the Company, is the exclusive intellectual property of [COMPANY LEGAL NAME] and is protected by applicable copyright, trademark, and other intellectual property laws. No rights are granted to the Client other than the limited, non-exclusive, non-transferable right to use the Platform as described in this Agreement.
7.2 Client Data. The Client retains ownership of all data and information submitted to the Platform. By submitting data, the Client grants the Company a limited, non-exclusive, royalty-free license to process such data solely for the purpose of providing the Services.
8.1 Confidential Information. The Company treats all financial, business, and personal information submitted by the Client as confidential and will not disclose it to third parties except: (a) as required by applicable law or valid legal process; (b) as necessary to provide the Services; or (c) with the Client's prior written consent.
8.2 Data Security. The Company implements reasonable technical and organizational security measures to protect Client data against unauthorized access, loss, or disclosure. However, no data transmission or storage system is entirely secure, and the Company cannot guarantee absolute data security.
8.3 Data Retention. The Company retains Client data for as long as the account remains active and for a reasonable period thereafter as required by law, regulation, or legitimate business purposes. Clients may request deletion of their data by contacting info@taxcredit4u.com.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF TAX BENEFITS, IRS PENALTIES, INTEREST, FINES, OR COSTS OF AUDIT DEFENSE, ARISING OUT OF OR RELATED TO THE CLIENT'S USE OF THE PLATFORM OR THE GENERATED DOCUMENTS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO THE CLIENT FOR ANY AND ALL CLAIMS ARISING UNDER OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL SERVICE FEES ACTUALLY PAID BY THE CLIENT TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
9.3 Basis of Bargain. The Client acknowledges that the limitations of liability set forth in this Section reflect a reasonable allocation of risk and are an essential element of the bargain between the parties.
THE PLATFORM AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT: (A) THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THE CREDIT CALCULATION WILL BE ACCURATE OR ACCEPTED BY THE IRS; OR (C) THE GENERATED DOCUMENTS WILL SATISFY ANY PARTICULAR TAX OR LEGAL REQUIREMENT.
The Client agrees to indemnify, defend, and hold harmless [COMPANY LEGAL NAME] and its officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) the Client's use of the Platform; (b) any inaccurate, false, incomplete, or fraudulent information provided by the Client; (c) the Client's breach of this Agreement; or (d) the Client's tax filings, including any IRS audit, penalty, proceeding, or investigation arising therefrom.
12.1 By Client. The Client may terminate their account at any time by submitting a written request to info@taxcredit4u.com. Termination does not entitle the Client to any refund of Service Fees already paid.
12.2 By Company. The Company reserves the right to suspend or terminate any account at its sole discretion, with or without notice, including in cases of suspected or confirmed fraud, material breach of these Terms, non-payment, or conduct that may expose the Company to legal liability.
12.3 Effect of Termination. Upon termination, the Client's right to access the Platform and any Generated Documents stored therein will cease. Service Fees already paid are non-refundable.
13.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles.
13.2 Binding Arbitration. EXCEPT FOR CLAIMS SEEKING INJUNCTIVE OR EQUITABLE RELIEF, ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS COMMERCIAL ARBITRATION RULES, CONDUCTED IN WYOMING.
CLASS ACTION WAIVER: THE CLIENT EXPRESSLY WAIVES ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING AGAINST THE COMPANY, WHETHER IN COURT OR IN ARBITRATION.
13.4 Injunctive Relief. Either party may seek emergency injunctive or equitable relief in a court of competent jurisdiction in Wyoming to prevent irreparable harm.
The Company reserves the right to modify these Terms at any time. Clients will be notified of material changes by email to the address on file or through a prominent notice on the Platform. Continued use of the Platform after the effective date of such changes constitutes acceptance of the updated Terms.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, negotiations, representations, and understandings between the parties, whether written or oral. If any provision of this Agreement is found to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
For questions, concerns, or notices regarding these Terms and Conditions, please contact: info@taxcredit4u.com
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