Effective date: January 5, 2017
Welcome to Credit Karma Tax, a service provided by a wholly owned subsidiary of Credit Karma, Inc. ("Credit Karma")! We're excited to help you file your U.S. federal and state taxes. For free!
When you use Credit Karma Tax, you enter into a legal agreement, which is what you see below. It may seem long, but that's because we've tried to make it as clear as we can and included a few extra notes alongside these terms (highlighted and labeled as "TL;DR"). These notes are not a part of the contract itself, but are intended to help make the legalese a little easier to follow. We've also bolded a few areas that talk about important legal rights, including the following:
These Terms of Service include an agreement to resolve any disputes through binding arbitration that includes a class action waiver, as well as important disclaimers, warranties and limitations on liability.
We're always happy to hear from you if you have any questions or suggestions. You can contact us by email at firstname.lastname@example.org or by snail mail at Credit Karma Tax, Inc., P.O. Box 520, San Francisco, CA 94104-0520, Attention: Legal Department. Now for the legal stuff:
Table of contents
When we refer to our "Services," we mean the personal income tax preparation and filing assistance services owned and operated by Credit Karma Tax, Inc. ("Credit Karma Tax," "we," or "us"), including the content, features, tools, data, software and functions made available by Credit Karma Tax through tax.creditkarma.com, our mobile applications, and other websites or applications we operate, unless those websites or applications have posted separate or additional terms of service.
We reserve the right in our sole and absolute discretion to make changes to how we operate and provide our Services, including adding new services, modifying existing services, or suspending, discontinuing, or terminating your access to any or all portions of our Services. Some of our Services may be subject to additional terms and conditions ("Additional Terms"), which are posted separately from these terms but are incorporated and form a part of the Agreement if you decide to use or access those features. If there is a conflict between applicable Additional Terms and these terms, the Additional Terms will control.
Credit Karma Tax’s tools and services are constantly changing, so you might see features come and go as we continue to improve our experience and services for members. We will sometimes need you to agree to special terms for certain features.
We care about your convenience and security, so we offer a single sign-on system with our parent company, Credit Karma. This means that you can use your Credit Karma account information to sign in to Credit Karma Tax. If you have not registered for Credit Karma, you will need to do so before you can register for a Credit Karma Tax member account to access our Services. If you have not registered or do not register for an account, you will not be able to access our Services.
By registering for a Credit Karma Tax member account, you certify that:
You must not sell, transfer, or assign your account to anyone else. You must keep your password confidential, you must not share it and you may not allow anyone else to log into our Services as you. You are responsible for all activities that occur under your member account. If you believe that your account is no longer secure, notify us immediately at email@example.com.
We offer single sign-on with Credit Karma. Our Services require you to register as a Credit Karma Tax member. If you decide to register, you're pinky swearing that you're a U.S. adult, you are who you say you are and you won’t let anyone else use your account.
When you register for an account, you’re asking us to create your Member Profile.
Credit Karma Tax is not an accountant or financial or legal advisor. Use of our Services is not a replacement for personal, professional advice or assistance regarding your taxes.
We aim to be as helpful as we can, but if you need professional assistance with your finances, please go to a professional that can help with your specific situation.
While Credit Karma Tax helps you electronically file (or paper file) your income tax returns, you are responsible for your income tax returns. It is critical that you review them carefully before authorizing Credit Karma Tax to submit them to the IRS or state tax authorities.
We aim to be as helpful as we can, but you are responsible for your tax returns. Using Credit Karma Tax doesn’t get you off the hook.
It is your responsibility to provide Credit Karma Tax with complete and accurate information. Our Services do not include any audit, tax planning, or tax structuring services. Filing your income taxes may involve taking certain tax-reporting positions and you are solely responsible for the positions contained in your tax returns. You understand that taking aggressive tax-reporting positions may increase your risk of audit. Credit Karma Tax cannot assist you with any audits.
We don't provide tax structuring advice. Depending on the choices you make in preparing your income tax returns and the positions you take in your income tax returns, you may be more or less likely to be audited. We can’t help you with audits.
Credit Karma Tax offers e-filing services for U.S. federal income taxes and most states that permit e-filing to help you submit your tax returns. However, you remain responsible for filing your income tax returns (whether on paper or electronically) by applicable deadlines. When e-filing is not available or chosen by you through our Services, you may need to submit paper copies of your income tax returns to the IRS and/or state tax authorities.
You're ultimately responsible for filing your taxes on time and may need to mail in your income tax returns if e-filing is not available.
We control and operate our Services from the United States and we make no representations or warranties that the information, products, or services provided through our Services, or our Content (defined below), are appropriate for access or use in other jurisdictions. You are not permitted to access or use our Services in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability of our Services or the provision of any of our Content to any person, geographic area, or jurisdiction, at any time and in our sole and absolute discretion.
We're based in the U.S. and our Services are meant for a U.S. audience only.
You must comply with all applicable laws when using our Services. You are not permitted to use our Services to file income tax returns under false pretenses or in violation of applicable state or federal law.
You agree you won’t use our Services to do illegal stuff.
Our Services or communications to you may contain third party content or links to third party sites, applications or services (collectively, “Third Party Content”). Our Services may also include features that allow you to connect your Credit Karma Tax account with accounts or services provided by third parties, such as accounts you maintain with financial institutions or social media platforms (collectively, “Third Party Service”). We do not control, maintain, or endorse the Third Party Content or Third Party Service, and we are not responsible or liable for any Third Party Content or Third Party Service, including any damages, losses, failures, or problems caused by, related to, or arising from Third Party Content or Third Party Service. Your interactions and business dealings with the providers of the Third Party Content or Third Party Service, including products or services offered by such third parties, are solely between you and the third party. You should review all of the relevant terms and conditions associated with Third Party Content or Third Party Service, including any privacy policies and terms of service. We are not responsible for any information that you agree to share with third parties in connection with Third Party Content or Third Party Service.
We might show you stuff from other companies (or even connect you with them), but we’re not legally responsible for anything they do. You should review their policies separately.
All content and materials, including visual interfaces, information, data, and computer code, provided by us through our Services (our “Content”) and all related intellectual property rights are the property of Credit Karma Tax and our third-party licensors. This Content is protected by U.S. and international intellectual property laws and treaties. You are permitted to use our Content only on our Services and you may not copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form (including in-line linking or mirroring) our Content, in whole or in part, without our express prior written consent. You may not reverse engineer or reverse compile any of our Services or the technology used to operate our Service. Nothing in the Agreement or our Services grants you, by implication, estoppel, or otherwise, any license or right to use our Content except as expressly stated in the Agreement.
We've created a lot of cool stuff for you to use, read, and look at. Please don’t reuse it without our written permission.
You may not use our Services in any manner that infringes the rights of any third party. If you believe, in good faith, that any of our Content infringes your copyrights, you may send a notice of infringement (“Notice”) under the federal Digital Millennium Copyright Act (“DMCA”) by email or regular mail to:Attention: Copyright Agent, Legal Department
To find out more about what you must include in the Notice and about the procedures we will follow, click here to read the DMCA.
Credit Karma Tax reserves the right to block or otherwise prohibit in our sole discretion any individual who repeatedly posts materials that are alleged to infringe the intellectual property rights of others.
If you think something on our platform belongs to someone else, let us know (we've outlined the steps above).
We want to create a great experience for you, so please let us know what you think we could do better. We just need your permission to use your Feedback when you give it to us!
We’re not Big Brother, but we need to be able to keep an eye on things to protect ourselves, our members and the public.
WE PROVIDE OUR SERVICES, OUR CONTENT, AND ALL CONTENT AND MATERIALS AVAILABLE THROUGH OUR SERVICES "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. CREDIT KARMA TAX, ON BEHALF OF ITSELF, ITS AFFILIATES AND ITS LICENSORS, DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO OUR SERVICES OR OUR CONTENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SERVICES, OUR CONTENT, OR OTHER MATERIALS AVAILABLE THROUGH OUR SERVICES WILL CREATE ANY WARRANTY REGARDING CREDIT KARMA TAX OR ANY OF OUR SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU USE OUR SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN OUR CONTENT OR OTHER MATERIALS AVAILABLE THROUGH OUR SERVICES, AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO OUR SERVICES, YOUR DEALINGS WITH ANY OTHER MEMBER OR THIRD PARTY, AND YOUR USE OF OUR CONTENT OR OTHER MATERIALS AVAILABLE THROUGH OUR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH OUR SERVICE), OR THE LOSS OF DATA THAT MAY RESULT FROM THE USE OF OUR SERVICES OR THE USE OF ANY OF OUR CONTENT OR OTHER MATERIALS AVAILABLE THROUGH OUR SERVICES. CREDIT KARMA TAX DOES NOT GUARANTEE OR OTHERWISE ASSURE YOU OF ANY TAX OUTCOMES OR RESULTS AND ANY PENALTIES OR ADDITIONAL TAXES IMPOSED AFTER AN AUDIT, EXAMINATION, OR OTHERWISE ARE YOUR SOLE RESPONSIBILITY.
YOU ACKNOWLEDGE THAT CREDIT KARMA TAX IS SOLELY AN INTERMEDIARY BETWEEN YOU AND THE INTERNAL REVENUE SERVICE AND ANY STATE TAX AUTHORITIES, AS APPLICABLE. CREDIT KARMA TAX EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN OUR CONTENT OR OUR SERVICES.
NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION SHALL AFFECT WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.
This is very important (like, bold and ALL-CAPS important) so please read the whole section carefully for specifics. It explains that we don’t make any warranties about our services or content.
CREDIT KARMA TAX AND ITS REPRESENTATIVES, AGENTS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EQUITY HOLDERS, EMPLOYEES, PARENT ENTITIES, SUBSIDIARIES, AFFILIATED ENTITIES, REPRESENTATIVES, AGENTS AND LICENSORS (COLLECTIVELY, THE “CREDIT KARMA TAX PARTIES”) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH AS LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING IN ANY WAY TO OUR SERVICES OR OUR CONTENT.
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 9 (DISPUTE RESOLUTION AND ARBITRATION) OR REQUIRED BY APPLICABLE LAW (E.G., ANY NON-WAIVABLE RIGHTS OR REMEDIES), IN NO EVENT WILL THE TOTAL LIABILITY OF THE CREDIT KARMA TAX PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR ANY INABILITY TO USE ANY PORTION OF, OUR SERVICES OR OTHERWISE ARISING OUT OF OR RELATING TO THE AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED IN THE AGGREGATE ONE HUNDRED UNITED STATES DOLLARS ($100.00).
IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, THE CREDIT KARMA TAX PARTIES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Sorry for the bold and all-caps again. It's really important to highlight how our liability is limited when it comes to issues you may encounter with our service. Please read the whole section carefully.
You will defend (if requested by any Credit Karma Tax Party), indemnify, and hold harmless the Credit Karma Tax Parties from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys' fees and costs, incurred by the Credit Karma Tax Parties in connection with any claim by a third party arising out of or in any way related to: (1) your use of our Services or our Content; (2) your violation or alleged violation of the Agreement or your violation or alleged violation of any applicable law; (3) your infringement or alleged infringement of any intellectual property or other right of any other person or entity; or (4) any dispute between you and a third party, including any provider of Third Party Content. You must not settle any such claim or matter without the prior written consent of Credit Karma Tax. The Credit Karma Tax Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
If someone sues us because of something you did, you’re responsible for it, so read the above carefully.
A third party arbitrator will help us resolve any disputes we might have. This means that any dispute will be resolved outside of class-action litigation. Hopefully, disputes will never be an issue, but you should read this section carefully for details on how it works.
In the interest of resolving disputes between you and Credit Karma Tax in the most expedient and cost-effective manner, you and Credit Karma Tax agree that every dispute arising in connection with the Agreement will be resolved by binding arbitration. You and us further agree that the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this arbitration provision. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of the Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of the Agreement. The arbitrator also has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
You understand and agree that by entering into the Agreement, you and Credit Karma Tax are each waiving the right to a trial by jury or to participate in a class action.
Despite the provisions of Section 9.1, you and us both agree that nothing in the Agreement will be deemed to waive, preclude or otherwise limit the right of either of us to: (a) bring an individual action in small claims court within its jurisdictional limits; (b) file a complaint with the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file a suit in a court of law solely for injunctive relief to stop unauthorized use or abuse of our Services or address an intellectual property infringement claim.
Any arbitration between you and Credit Karma Tax will be governed by the FAA, the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by The Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Credit Karma Tax at firstname.lastname@example.org.
A party who intends to seek arbitration must first send a written notice of the dispute to the other by certified mail ("Notice"). Credit Karma Tax's address for Notice is: Credit Karma Tax, Inc., P.O. Box 520, San Francisco, CA 94104-0520, Attention: Legal Department. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand") You and Credit Karma Tax agree to use good faith efforts to resolve the claim directly, but if you and Credit Karma Tax do not reach an agreement to do so within 30 days after the Notice is received, you or us may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Credit Karma Tax must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Credit Karma Tax’s last written settlement offer made before an arbitrator was selected, Credit Karma Tax will pay you the amount awarded by the arbitrator or fifteen thousand United States dollars ($15,000), whichever is greater. The arbitration proceedings, including any exchanged materials, shall be confidential and you and Credit Karma Tax agree to use reasonable efforts to streamline the proceedings, including discovery, consistent with the objectives of efficient dispute resolution.
If you commence arbitration in accordance with the Agreement, Credit Karma Tax will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco, California, but if the claim is for $10,000 or less, or as otherwise required, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your registered account address. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Credit Karma Tax for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.
YOU AND CREDIT KARMA TAX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and Credit Karma Tax agree otherwise, the arbitrator may not consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
If Credit Karma Tax makes any future change to this arbitration provision (other than a change to Credit Karma Tax's address for Notice), you may reject the change by sending us written notice within 30 days of the change to Credit Karma Tax's address for Notice, in which case your account with Credit Karma Tax will be immediately terminated but this arbitration provision, as in effect immediately prior to the amendments you reject, will survive.
If any provision of this Section 9 is unlawful, void, or unenforceable for any reason, then that provision will be given effect to the greatest extent possible and the remaining provisions will remain in full force and effect.
The Agreement is effective until your member account, if applicable, is deactivated by either you or Credit Karma Tax and you discontinue all use of our Service. Notwithstanding the foregoing, any section of the Agreement that by its nature is intended to survive termination of the Agreement or your use or access to our Services or our Content will survive such termination.
The Agreement lasts until your account is deactivated and you completely stop using our Services (but there are a few parts that have to live on forever).
This entire section is where we have what our lawyers fondly call “boilerplate.” Each one is pretty quick, so we won’t break them down any further.
The Agreement is governed by the laws of the State of California, excluding conflicts of law provisions.
Credit Karma Tax’s failure to enforce any of its rights or act with respect to a breach of by you or others of the Agreement does not constitute a waiver of any rights and will not limit Credit Karma Tax’s rights with respect to that breach or any subsequent breaches. No waiver by Credit Karma Tax of any of the provisions in the Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of Credit Karma Tax.
Credit Karma Tax may assign the Agreement to any party at any time without notice to you. You may not assign your rights under the Agreement, by operation of law or otherwise, without our consent.
If any provision of the Agreement is unlawful, void, or unenforceable for any reason, then that provision will be given effect to the greatest extent possible and the remaining provisions will remain in full force and effect. Nothing in the Agreement shall affect any non-waivable statutory rights or remedies that apply to you.
The titles and annotations, including the TL;DR sections, contained in these terms are inserted only as a matter of convenience and have no legal or contractual effect. The Agreement will not be construed against Credit Karma Tax because we drafted it. Whew! You made it. Pat yourself on the back and then go enjoy Credit Karma Tax!