Terms & Conditions

Updated at 2021-15-06

 

The following terms of use (“Terms of Use”) govern all use of (1) the https://www.freely.tax/, https://app.freely.tax/, and similar subdomain websites as applicable (the “Site”), which is owned and operated by Freely (“Freely”, “Our”, “We”, “Us”); (2) our desktop applications to which these Terms of Use apply (the “Application”) and/or (3) any of the services (“Services”) offered by Freely made available through the Site or the Application. Please review Site Terms of Use as they govern your use of the Site, Application, and the Services. BY ACCESSING, BROWSING, OR USING THIS SITE, APPLICATION, OR SERVICES, or by clicking to agree to these Terms of use when that option is made available to you, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY, INCLUDING, WITHOUT LIMITATION, BINDING ARBITRATION. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY THEN PLEASE DO NOT USE OR ACCESS THE SITE, APPLICATION, OR THE SERVICES.

GENERAL TERMS

1. Agreement

This Agreement describes the terms governing your use of the Freely online services provided to you on this Site, including content, updates and new releases, (collectively, the “Services”). It includes by reference (i) Freely’s Privacy Policy provided to you on the Site, (ii) additional terms and conditions, which may include those from third parties, and (iii) any terms and conditions provided separately to you for the Services.
This Site and the Services provide users with access to a variety of online bookkeeping and tax preparation services and tools. The Site and/or the Services are not intended to provide specific tax advice to any individual or business. You are encouraged to consult your own legal and/or tax professional or the Internal Revenue Services (“IRS”) with any specific questions about your own tax return(s)

2. Your Rights to Use The Services

(A) The Services are protected by copyright, trade secret, and other intellectual property laws. All of the Services, as well as all information accessed through or displayed on the Site (including, but not limited to, such things as all text, user interfaces, visual interfaces, sounds, graphics, computer code, “look and feel,” expression, etc.) (collectively “Content”), is owned or controlled by or otherwise licensed to Freely. Freely hereby grants to you, the user, a personal, limited, non-commercial, revocable, non-transferable and non-exclusive license to access the Site and to utilize the Services and Content for the limited and specific purpose of doing your bookkeeping and preparing and/or filing your personal, state and/or federal income tax return and those specific services related thereto as made available or facilitated through the Site or the Services.

(B) You agree not to use, nor permit any third party to use, the Services or Content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not (i) provide access to or give any part of the Services and/or Content to any third party, (ii) copy, reproduce, modify, deconstruct, sell, trade or resell the Services and/or Content, or (iii) make the Services or Content available on any file-sharing or application hosting service.

3. Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

4. Who can use this Service?

The Service is available to U.S. residents who are eighteen (18) years of age and older, have a valid email address, and have enrolled in the Service at www.freely.tax/. We reserve the right to refuse access to the Service or cancel your account at any time.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at [email protected]

5. Payment / Fees

For Services offered on a payment or subscription basis, the following terms apply, unless Freely or its third party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
(A) Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
(B) You must pay with one of the following: (i) a valid credit card acceptable to Freely, (ii) a valid debit card acceptable to Freely, (iii) sufficient funds in a checking or savings account to cover an electronic debit of the payment due, or (iv) by another payment option that Freely provides to you in writing.
(C) If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
(D) If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
(E) Freely will automatically renew your monthly Services at the then-current rates, unless the Services are cancelled or terminated under this Agreement.
(F) Additional cancellation or renewal terms may be provided to you on the Site.

6. Use with Your Mobile or Desktop Device

Use of the Services may be available through a compatible desktop computer or mobile device. 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/or telecommunications provider.
Freely makes no warranties or representations of any kind, express, statutory or implied as to: (i) the availability of telecommunication services from your provider and access to the services at any time or from any location; (ii) any loss, damage, or other 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.

7. Content

(A) As a condition for your access to and use of the Site and the Services, you hereby agree that you will not use the Site or any of the Services for any purpose that is illegal, immoral, contrary to public law, abusive, threatening, harassing, or in any way which would or might violate the legal rights, such as rights of privacy, of any other individual, business entity, or third-party, or in any way contrary to this Agreement. Without providing an exhaustive list, examples of such unlawful and/or prohibited conduct shall include, but not be limited to, the following:
i. Engaging in the preparation and/or filing of any fraudulent tax return, whether for yourself, your business or another;
ii. Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
iii. Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;
iv. The use of any computer code, data mining software, “robot,” “deep-link,” “page-scrape,” “spider” or other automatic device, program, or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Site or any of the Services offered via the Site;
v. Attempting to access, collect or store the personal data of any other user;
vi. Except as permitted by Freely in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
vii. Transmitting, or causing to be transmitted, any of the following: a virus, trojan horse, worm, time bomb or other disruptive or harmful software or data; and
viii. Transmitting or using any information, software or content which is not legally yours and without permission from the copyright owner or intellectual property rights owners.
(B) You agree that Freely 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 Freely a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Freely in any way.

8. Additional Terms

(A) Freely 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.
(B) Freely may be required by law to send you communications about the Services or third party products. You agree that Freely may send these communications to you via email, text and/or by posting them on our Site, all in Freely’s sole discretion.
(C) You are responsible for securely managing your password(s) for the Services and to contact Freely 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.
(D) You may provide us with your telephone number as part of your customer record or registration or via other methods. You understand and agree that Freely may use your telephone number for “multi-factor authentication” (“MFA”), to confirm your identity and help protect the security of your account. Part of the MFA identity verification process may involve Freely sending text messages containing security codes to your telephone number. You agree to receive these texts from Freely containing security codes as part of the MFA process. In addition, you agree that Freely may send automated text messages and pre-recorded voice messages to the telephone number you provide for other limited purposes, including: providing you with important critical notices regarding your use of the Services, or fulfilling a request made by you through the Services.

9. Disclaimer of Warranties

(A) 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, Freely, its Affiliates, and its third party providers, licensors, distributors or suppliers (collectively, ”suppliers”) disclaim all warranties, express or implied, including any warranty that the services are fit for a particular purpose, title, merchantability, data loss, non-interference with or non-infringement of any intellectual property rights, or the accuracy, reliability, quality or content in or linked to the services. Freely 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 do not apply to you, any implied warranties are limited to sixty (60) days from the date of purchase or delivery of the services, whichever is sooner.
(B) Freely, 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.
(B) Freely, 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.

10. Limitation of Liability

To the maximum extent permitted by applicable law, the entire liability of Freely, its Affiliates and suppliers for all claims relating to this agreement shall be limited to the amount you paid for the services during the twelve (12) months prior to such claim. Subject to applicable law, Freely, its Affiliates and suppliers are not liable for any of the following: (a) indirect, special, incidental, 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 Freely systems requirements. The above limitations apply even if Freely and its Affiliates and suppliers have been advised of the possibility of such damages. This agreement sets forth the entire liability of Freely, its Affiliates and your exclusive remedy with respect to the services and its use.

11. Indemnification

You agree to indemnify and hold Freely and its affiliates, suppliers, officers, agents, employees, attorneys, accountants, and partners harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). Freely 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 Freely in the defense of any Claims.

12. Changes

Freely reserves the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our Site or when we notify you by other means. We may also change or discontinue the Services, in whole or in part, at any time. Your continued use of the Services indicates your agreement to the changes.

13. Termination

(A) Freely may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services or your account effective immediately, in whole or in part, for suspicion of fraud, security, illegal activity or unauthorized access issues to protect the integrity of our Services or systems and comply with applicable Freely policy, or if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Freely’s rights to any payments due to it. Sections (2)(B) and (3) through (13) will survive and remain in effect even if the Agreement is terminated.
(B) You are free to stop using the Services at any time by contacting us at [email protected] Please refer to our Privacy Policy, in addition to this Agreement, to understand how we treat information you provide to us after you have stopped using the Services.

14. Governing Law, Disputes / Arbitration

(A) Any disputes arising out of or related hereto, are governed by, and construed in accordance with, the laws of France, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement nor to any dispute or transaction arising out of this Terms, and the competent courts within the jurisdiction of the Court of Appeals of Paris, France shall have exclusive jurisdiction to adjudicate any disputes arising out of or relating to this Agreement. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation, or proceeding only before such courts. Each party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
(B) To begin an arbitration proceeding, send an email requesting arbitration and describing your claim to: [email protected] This Section (14) shall survive expiration, termination or rescission of this Agreement.

15. DMCA

We respect the intellectual property rights of others, and we reserve the right to delete or disable user content alleged to be infringing, and to terminate the accounts of alleged infringers. To learn more about the Digital Millennium Copyright Act (the “DMCA”), click here.

16. General

This Agreement is the entire agreement between you and Freely 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. You cannot assign or transfer ownership of this Agreement to anyone without written approval of Freely. However, Freely may transfer, assign, or delegate this Agreement and our rights and obligations without your consent. If you want to request a transfer of this Agreement, contact Freely via an email to: [email protected]

17. Accuracy Guarantee

Freely cannot and does not assume any liability, claim, or loss for any user generated errors, including but not limited to data entry errors, as well as any mistakes or errors in the tax formulas and calculations accessed via any of the Services offered on the Site.
If you believe that an above described calculation or formula error has occurred, you must notify Freely as soon as you are made aware of the mistake by email at: [email protected]
Freely will then contact you to resolve the issue. In order to investigate your issue, Freely requires supporting information such as a copy of the IRS/state notice, evidence of payment of the specified penalty and/or interest, etc.

18. Acceptable Use Policy

This Freely Acceptable Use Policy (“AUP”) is designed to protect the integrity, reliability and stability of the networks, systems, application, and related services of Freely (the “Freely Platform”) and is applicable to any user of the Freely Platform, including, but not limited to Freely customers (collectively, “Users”). Use of the Freely Platform by a User must, at all times, conform to this AUP, as well as any other terms and conditions between the User and Freely. By accessing or using any part of the Freely Platform, User agrees to be bound by this AUP. Each User shall be responsible for its direct use of the Freely Platform, as well as that of any third-party that such User has enabled to use the Freely Platform. Freely reserves the right, in its sole and exclusive discretion, to modify this AUP. Freely shall use commercially reasonable efforts to post notification of any such changes to this AUP on its website. However, continued use of or access to the Freely Platform following the posting of any changes constitutes acceptance of those changes. This AUP replaces any previous AUPs that may have been previously posted by Freely regarding the subjects addressed below.
User’s use of the Freely Platform must, at all time, comply with all applicable laws, regulations and government orders.
Each User shall be solely responsible for all User login credentials, including identifications (“UserID(s)”) and passwords, issued to it or generated through the Freely Platform and any actions by anyone using such UserID(s). User shall not disclose or share its UserID(s) or password with anyone and is responsible for all activities that occur with respect to its account, whether or not it knows about or authorizes them. If a User reasonably believes that its UserID(s) and/or passwords have been compromised, it shall notify Freely immediately. User agrees that Freely shall not be liable for any loss or damage arising from your failure to comply with this Section.
A User may need to register for third-party services (e.g., Plaid, or Stripe) and/or otherwise enable various third-party services that may directly integrate with User’s Freely experience (“Third-Party Services”). By enabling Third-Party Services within the Service, a User agrees to allow Freely to pass User’s log-in credentials or other information (e.g., tokenized authentication information) to such Third-Party Service providers for this purpose. Please remember that the manner in which Third-Party Services use, store and disclose your information is governed solely by the policies of such third parties, and Freely shall have no liability or responsibility for the privacy practices or other actions of any Third-Party Service or site that may be enabled within the Service. In addition, Freely is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with such Third-Party Services, and such Third-Party Services may revoke a User’s right to access and/or authenticate to such Third-Party Service at any time. As such, Freely is not liable for any damage or loss caused or alleged to be caused by or in connection with User’s use of or reliance on any such Third-Party Service. Freely enables these features merely as a convenience to Users and the inclusion of such features does not imply an endorsement or recommendation of them.
Freely shall be free to implement, use, modify or otherwise exploit, User’s ideas, suggestions or materials (or any part thereof) related to the Freely Platform without any payment or other obligation to User, and User agrees never to assert against Freely any claim based on any proprietary rights therein. User acknowledges that Freely may modify, update or otherwise change the Freely Platform without notice from time to time.
User acknowledges and agrees that the Freely Platform may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Freely, User agrees not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Freely Platform or the Service Content. In connection with User’s use of the Freely Platform, User shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Freely Platform or the Service Content other than as specifically and explicitly authorized herein or in another written agreement between the User and Freely (e.g., the Terms of Use or a Freely Customer Agreement) is strictly prohibited. The technology and software underlying or related to the Freely Platform is the property of Freely . User agrees not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Freely Platform. Any rights not expressly granted herein are reserved by Freely .
With respect to the Freely Platform, User shall not do (nor shall it encourage or enable any other individual to do) or attempt to do any of the foregoing:

A. post, upload, publish, submit or transmit any material on the Freely Platform that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, service mark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, indecent, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm to or against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.

B. export, re-export, or permit downloads of any content in violation of the export or import laws of the United States;

C. use, display, mirror or frame the Freely Platform or any individual element therein;

D. access, tamper with or use non-public areas of the Freely Platform or the systems of Freely or Freely ’s providers;

E. attempt to probe, scan or test the vulnerability of any Freely system or network (including the Freely Platform) or breach any security or authentication measures;

F. avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Freely or any of Freely ’s providers or any other third party (including another User) to protect the Freely Platform or its systems, including, but not limited to any attempt to circumvent User authentication or security of any host, network or account;

G. execute any form of network monitoring that will intercept data not intended for the User;

H. interfere with or deny service to any User of the Freely Platform (e.g., a denial of service attack) including, but not limited to use of any program/script/command, or sending messages of any kind, designed to interfere with, or to disable a User’s session;

I. take any actions that restrict or inhibit anyone in his or her use or enjoyment of the Freely service, or that generate excessive network traffic through the use of automated or manual routines that are not related to ordinary personal or business use of Internet services;

J. introduce or seek to introduce into the Freely Platform or its systems, the networks or systems of any of Freely’s providers or those any other third party, any computer code, programs, procedures, mechanisms or programming devices (including, without limitation, any code typically identified as a virus, Trojan horse or worm) that is or are designed to, or would enable User or any third party, to disrupt, modify, delete, damage, deactivate, disable, harm, access without authorization or otherwise impede the operation of the any Freely, provider or end user system, or any other associated software, firmware, hardware, computer system or network;

K. transmit, collect or store any personally identifiable information from the Freely Platform from other Users without their express permission;

L. impersonate or misrepresent an affiliation with any person or entity;

M. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other forms of solicitation to other Users of Freely via the Freely Platform;

N. Use the Freely Platform for any commercial purpose or for the benefit of any third party except as intended through the provided functionality of the Service; or

O. Collect any personally identifiable information, including account names or other User identities or contact information, from the Service, nor use Freely Platform or any part thereof for commercial solicitation purposes.
Freely respects the intellectual property of others and expects all Users to do the same. Freely may, in its sole discretion, disable and/or terminate the accounts of any User who it reasonably believes has violated or infringed the intellectual property or other rights of any third-party. If User believes that its content has been used or duplicated by a third-party in such a way that would constitute copyright infringement, or if it believes its intellectual property rights have been otherwise violated, it should provide to Freely (set forth below) the following information (a “Notice”), as required by Section 512(c)(3) of the Digital Millennium Copyright Act:

i. The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;

ii. A description of the copyrighted work or other intellectual property that User claims has been infringed;

iii. A description of where the material that User claims is infringing is located on the site, with enough detail that Freely may find it;

iv. User’s physical address, telephone number, and email address;

v. A statement by User that it has a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

vi. A statement by User, made under penalty of perjury, that the above information in such Notice is accurate and that User is the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Deliver this Notice, with all items completed and send them by email to: [email protected]