Terms and Conditions

1. Acceptance of Terms

By accessing and using the Margen tax preparation platform ("Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service. These Terms and Conditions ("Terms") govern your access to and use of the Margen website, software, and services (collectively, the "Platform") operated by Margen Software ("we," "us," or "our").

Your use of the Platform constitutes your acceptance of these Terms. If you disagree with any part of these Terms, you may not access or use the Platform. We reserve the right to modify these Terms at any time, and such modifications shall be effective immediately upon posting on the Platform. Your continued use of the Platform after any such modifications constitutes your acceptance of the modified Terms.

2. Description of Service

Margen is a comprehensive tax preparation and filing platform that provides automated data entry, tax form preparation, electronic filing capabilities, and AI-powered tax assistance services. The Platform enables tax preparers, small businesses, and individual taxpayers to prepare, review, and file federal and state tax returns electronically.

The Service includes, but is not limited to: (a) document upload and data extraction capabilities; (b) automated tax form generation and population; (c) tax calculation and optimization tools; (d) electronic filing services for federal and state tax returns; (e) AI-powered tax guidance and assistance; (f) client management features for tax preparers; and (g) secure data storage and management.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

3. User Accounts and Registration

To access certain features of the Platform, you must register for an account. When you register, you agree to: (a) provide accurate, current, and complete information about yourself as prompted by the registration form; (b) maintain and promptly update your registration information to keep it accurate, current, and complete; (c) maintain the security of your password and identification; (d) accept all responsibility for all activities that occur under your account; and (e) notify us immediately of any unauthorized use of your account or any other breach of security.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion, including, without limitation, if we believe that user conduct violates applicable law or is harmful to our interests or those of other users.

4. User Responsibilities and Conduct

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You agree not to use the Platform: (a) in any way that violates any applicable federal, state, local, or international law or regulation; (b) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent; (c) to impersonate or attempt to impersonate us, our employees, another user, or any other person or entity; (d) in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform; (e) to use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose; (f) to introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; or (g) to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.

You are solely responsible for the accuracy and completeness of all information, data, and documents that you provide through the Platform. You represent and warrant that all information you provide is true, accurate, current, and complete, and that you have the legal right to provide such information.

5. Tax Preparation and Filing Services

5.1 Accuracy of Information: While Margen provides tools and assistance to help you prepare your tax returns, you are ultimately responsible for the accuracy and completeness of all information included in your tax returns. We do not guarantee the accuracy of calculations, tax advice, or the completeness of your tax returns. You are responsible for reviewing all information before submitting your tax returns to the Internal Revenue Service (IRS) or state tax authorities.

5.2 No Tax Advice; No Professional Relationship: The Platform provides tax preparation tools and general information, but does not constitute professional tax, legal, or financial advice. We are not a tax preparation firm, accounting firm, or law firm. The information provided through the Platform is for general informational purposes only and should not be relied upon as a substitute for professional tax, legal, or financial advice. You should consult with a qualified tax professional, attorney, or financial advisor regarding your specific tax situation. Use of the Platform does not create a CPA, attorney-client, fiduciary, tax preparer, or any other professional relationship between you and Margen Software. We are a technology service provider, not a professional services firm, and we do not provide professional tax, accounting, legal, or financial services.

5.3 Electronic Filing and Electronic Signatures: When you choose to electronically file your tax returns through the Platform, you explicitly consent to and authorize: (a) the use of electronic signatures in lieu of handwritten signatures for all tax-related documents and authorizations; (b) the electronic transmission of your tax return information, including Form 8879-equivalent data and other e-file authorizations, to the IRS and applicable state tax authorities on your behalf; and (c) the electronic receipt and storage of all tax-related documents and communications. You understand that electronic filing is subject to acceptance by the IRS and state tax authorities, and we do not guarantee that your returns will be accepted. You are responsible for ensuring that all information is accurate and complete before filing. You may withdraw your consent to electronic signatures and electronic filing at any time by contacting us, but such withdrawal may result in the inability to use certain features of the Service.

5.4 Filing Deadlines: You are solely responsible for meeting all applicable tax filing deadlines. We are not responsible for any penalties, interest, or other consequences resulting from late filing or failure to file your tax returns. We recommend that you file your returns well in advance of applicable deadlines.

5.5 Refunds and Payments: Any tax refunds or payments are processed directly by the IRS or state tax authorities. We are not responsible for the timing, amount, or processing of any tax refunds or payments. We do not guarantee that you will receive a refund or that your refund will be processed within any specific timeframe.

6. Fees and Payment

6.1 Service Fees: Certain features of the Platform may be subject to fees. We will clearly disclose all applicable fees before you are charged. Fees may vary based on the services you select, the complexity of your tax situation, and other factors. All fees are quoted in U.S. dollars and are non-refundable unless otherwise stated.

6.2 Payment Terms: You agree to pay all fees associated with your use of the Platform. Payment must be made by valid credit card, debit card, or other payment method accepted by us. You authorize us to charge your payment method for all fees incurred in connection with your account. If your payment method is declined or invalid, we may suspend or terminate your access to paid features of the Platform.

6.3 Price Changes: We reserve the right to change our pricing at any time. We will provide notice of any material price changes by posting the new prices on the Platform or by email. Price changes will not affect fees for services already purchased, but will apply to future purchases.

6.4 Refunds: Refund policies, if any, will be disclosed at the time of purchase. Generally, fees for completed services are non-refundable. However, we may, in our sole discretion, provide refunds in exceptional circumstances.

7. Intellectual Property Rights

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Margen Software, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Platform for your personal or business use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your web browser for display enhancement purposes; and (c) you may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not: (a) modify copies of any materials from the Platform; (b) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; (c) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform; or (d) access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.

8. Data and Privacy

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your information.

You retain ownership of all data and information that you provide to the Platform. However, by using the Platform, you grant us a non-exclusive, worldwide, royalty-free license to use, store, process, and transmit your data as necessary to provide the Service and as described in our Privacy Policy.

We implement reasonable security measures to protect your data, but we cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

9. Disclaimers and Limitations of Liability

9.1 Service Availability: THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

9.2 Tax Accuracy: WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE PLATFORM. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN YOUR TAX RETURNS OR FOR ANY TAX PENALTIES, INTEREST, OR OTHER CONSEQUENCES RESULTING FROM THE USE OF THE PLATFORM. YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY OF ALL INFORMATION IN YOUR TAX RETURNS.

9.3 Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARGEN SOFTWARE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE PLATFORM.

9.4 Maximum Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

9.5 Third-Party Services: The Platform relies on third-party services, systems, and infrastructure, including but not limited to: (a) IRS systems and e-file services; (b) state tax authority systems; (c) payment processors; (d) cloud storage and hosting providers; (e) AI and machine learning service providers; and (f) other technology service providers. We are not responsible for any failures, outages, errors, delays, or other issues caused by or arising from third-party services, systems, or infrastructure. We do not guarantee the availability, reliability, or performance of any third-party services. Any issues with third-party services are beyond our control, and we shall not be liable for any damages, losses, or consequences resulting from third-party service failures or issues.

10. Indemnification

You agree to defend, indemnify, and hold harmless Margen Software, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Platform.

11. Termination

We may terminate or suspend your account and access to the Platform immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. We may also suspend or terminate your account for compliance reasons, including but not limited to: (a) suspected fraud, identity theft, or other illegal activity; (b) regulatory requirements or requests from tax authorities, including the IRS or state tax authorities; (c) failure to verify your identity or provide required information; (d) violation of applicable laws or regulations; (e) security concerns or suspected unauthorized access; or (f) any other reason we determine is necessary to protect the integrity of the Service, comply with legal obligations, or protect our users or third parties. Upon termination, your right to use the Platform will immediately cease.

If you wish to terminate your account, you may simply discontinue using the Platform or contact us to request account deletion. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Maryland, United States, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Platform shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that you may assert claims in small claims court if your claims qualify.

You agree that any arbitration will take place in Pasadena, Maryland, and you waive any objection to the jurisdiction or venue of such courts. You also agree to waive any right to a jury trial and to participate in a class action lawsuit.

13. Miscellaneous

13.1 Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Margen Software regarding the Platform and supersede all prior and contemporaneous agreements, proposals, or representations, whether written or oral.

13.2 Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

13.3 Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

13.4 Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms or any rights hereunder without your consent.

13.5 Contact Information: If you have any questions about these Terms, please contact us at info@margensoftware.com or by phone at (410) 709-8312.