Terms of Service

1. Agreement and eligibility

These Terms of Service (the “Terms”) are a binding agreement between NexGen Unlimited LLC (“NexGen,” “we,” “us,” or “our”) and the person or organization accessing the Tax Automate website, platform, applications, or services (“Customer,” “you,” or “your”). By creating an account, accepting an order, clicking to agree, or using the services, you agree to these Terms. If you use the services for an organization, you represent that you have authority to bind it.

You must be at least 18 years old and legally capable of entering a contract. If a separate agreement conflicts with these Terms, the separate agreement controls for that conflict.

2. Accounts and authorized users

You are responsible for accurate account information, authorized-user access, role assignments, credential security, and all activity under your account. You must promptly notify us of suspected unauthorized access. You may permit employees, contractors, and other authorized personnel to use the service on your behalf, but you remain responsible for their compliance.

3. The Tax Automate platform

Tax Automate may provide tax preparation automation, practice-management capabilities, client context and CRM tools, tax planning, notice-response support, research and Copilot features, communications, scheduling, front desk automation, integrations, and related services, including our browser extensions, desktop connectors, and related components. Features vary by subscription, configuration, availability, and supported third-party systems.

We may improve, modify, add, or discontinue features. We will provide notice when a material change is reasonably expected to substantially reduce paid functionality, except where immediate action is needed for security, law, third-party availability, or abuse prevention.

4. Customer Data and client permissions

“Customer Data” means information submitted, uploaded, connected, generated for, or processed on your behalf through the services. As between the parties, you retain your rights in Customer Data. You grant NexGen a limited right to host, copy, process, transmit, display, and otherwise use Customer Data as needed to provide, secure, support, and improve the contracted services, comply with your instructions, and meet legal obligations.

You are responsible for having the rights, notices, permissions, consents, and lawful basis needed to process Customer Data and communicate with clients through selected channels. This includes any requirements relating to taxpayer information, call recording, SMS, email, electronic signatures, WhatsApp, Facebook, Pinterest, and other connected services. Our processing of personal information is further described in the Privacy Policy and, where applicable, a data-processing agreement.

5. AI-assisted features and outputs

The services may use automated and AI-assisted systems for document processing, extraction, classification, summarization, drafting, research assistance, recommendations, communications, and exception detection. Outputs may be incomplete, inaccurate, outdated, or unsuitable for a particular client or purpose. You must independently review and validate outputs before relying on, filing, sending, signing, or delivering them.

NexGen does not use Customer Data to train general-purpose AI models unless the customer has expressly authorized that use in writing. Product-specific terms, documentation, and enabled settings may further govern AI features.

6. Acceptable use

You may not use the services to:

• Violate law, professional obligations, third-party rights, or applicable communication and consent requirements.
• Access or process information without authorization, impersonate another person, or submit false or misleading information.
• Transmit malware; disrupt, probe, scan, overload, or circumvent security or access controls; or interfere with another customer.
• Reverse engineer, copy, resell, sublicense, or commercially exploit the services except as expressly permitted in writing.
• Use automated means to extract data or content beyond documented functionality, or use the services or outputs to develop a competing model or service.
• Submit content that is unlawful, infringing, abusive, or intended to facilitate fraud, tax evasion, or other wrongdoing.

We may investigate suspected violations and restrict access when reasonably necessary to protect the services, customers, third parties, or legal compliance.

7. Third-party services and integrations

The services may interoperate with tax software, CRM, practice-management, calendar, communications, payment, social, document, AI, and other third-party services. Your use of those services is governed by their terms and privacy practices. You authorize NexGen to exchange information with integrations you enable. We are not responsible for third-party services, their availability, changes, security, or actions.

8. Subscriptions, fees, and taxes

Fees, usage limits, billing frequency, subscription term, renewal, and cancellation terms appear in the applicable order form or checkout. Unless otherwise stated there, fees are non-refundable except where required by law. You are responsible for applicable sales, use, withholding, or similar taxes, excluding taxes based on NexGen’s net income. Overdue amounts may result in restricted or suspended access after appropriate notice.

9. Ownership and feedback

NexGen and its licensors own the services, software, designs, documentation, trademarks, and related intellectual property, excluding Customer Data. Subject to these Terms and payment of applicable fees, NexGen grants you a limited, non-exclusive, non-transferable, revocable right to access and use the services for your internal business purposes during the subscription term. If you provide feedback, you grant NexGen a perpetual right to use it without restriction or compensation, provided we do not identify you publicly without permission.

10. Confidentiality

Each party may receive non-public information that a reasonable person would understand to be confidential. The receiving party will use it only to perform or receive the services, protect it using reasonable care, and disclose it only to personnel and service providers who need it and are bound by appropriate obligations, or as required by law. Customer Data is Customer confidential information.

11. Security

NexGen uses administrative, technical, and organizational measures designed to protect information. You are responsible for secure devices and networks, access configuration, credential management, workforce training, backups where appropriate, reviewing connected services, and maintaining safeguards and written security plans required for your practice. No service is completely secure. See our Security and Professional Control page.

12. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEXGEN DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR PRODUCE A PARTICULAR TAX, BUSINESS, OR CLIENT OUTCOME. NEXGEN DOES NOT WARRANT THIRD-PARTY SERVICES OR CUSTOMER DATA.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY. EXCEPT FOR AMOUNTS THAT CANNOT LAWFULLY BE LIMITED, EACH PARTY’S TOTAL LIABILITY ARISING OUT OF THE SERVICES WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO NEXGEN FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE EVENT. These limitations allocate risk and apply regardless of the theory of liability.

14. Indemnification

You will defend and indemnify NexGen and its affiliates, officers, employees, and agents from third-party claims arising from Customer Data, your unlawful or unauthorized use of the services, your professional services or client deliverables, or your breach of these Terms. NexGen will provide prompt notice and reasonable cooperation, and you may control the defense, provided a settlement does not admit fault by or impose non-monetary obligations on NexGen without consent.

15. Suspension and termination

Either party may terminate as stated in an applicable order form or separate agreement. We may suspend or terminate access for material breach, nonpayment, security risk, unlawful use, or harm to the services or others, using reasonable notice where circumstances permit. Upon termination, your right to use the services ends. Customer Data export, return, retention, and deletion are governed by product functionality, the applicable agreement, our Privacy Policy, and legal obligations. Provisions that by their nature should survive will survive.

16. Governing law and disputes

These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-law principles. Unless a separate agreement provides otherwise, the state and federal courts located in Wyoming will have exclusive jurisdiction over disputes arising from these Terms, and each party consents to that jurisdiction and venue. Nothing prevents either party from seeking urgent equitable relief to protect confidential information, security, or intellectual property.

17. Changes and general terms

We may update these Terms. Material changes will be posted with a revised effective date and additional notice where required. Continued use after the effective date constitutes acceptance to the extent permitted by law. Neither party is liable for delay caused by events beyond reasonable control. You may not assign these Terms without our consent, except in connection with a merger or sale of substantially all assets; NexGen may assign them in connection with a corporate transaction. If a provision is unenforceable, the remainder remains effective. Failure to enforce a provision is not a waiver. These Terms and incorporated agreements are the complete agreement regarding their subject matter.