Terms of Use

Draft, pending review by counsel. Not yet in effect. Words in [brackets] will be filled in when the company is formed. Questions: support@taxtirement.com.

Effective date: [date]

These terms are an agreement between you and [LLC name] ("we", "us") about your use of the Taxtirement app. By using the app, you agree to them. Apple's standard Licensed Application End User License Agreement also applies to apps from the App Store. If it conflicts with these terms, these terms govern to the extent Apple allows.

1. What Taxtirement is

Taxtirement is software that makes estimates. It projects taxes, Medicare premiums, required distributions, Social Security benefits and account balances from information you enter. It compares scenarios you choose, such as different Roth conversion amounts or Social Security start ages.

2. What Taxtirement isn't

  • Not advice. Taxtirement provides general educational information and calculations. It isn't investment, tax, legal or financial planning advice, and using it doesn't create an adviser, fiduciary or professional relationship with us.
  • No investment recommendations. The app doesn't recommend securities, investments or asset allocations. Return assumptions are yours.
  • Estimates only. Results depend on your inputs, on assumptions about the future (returns, inflation, longevity, tax law) and on simplifications described in the app's methodology page. Actual results will differ. Tax laws change, sometimes retroactively.
  • Not tax preparation. The app doesn't prepare or file returns.

Check important decisions with a qualified tax professional or adviser. A Roth conversion, for example, generally can't be undone.

3. Subscriptions

Some features need a Premium subscription, bought through the App Store. Prices, the free trial and renewal terms are shown before you buy.

  • Subscriptions renew automatically until cancelled in your Apple account settings.
  • Apple handles billing, cancellations and refunds under its policies.
  • With Family Sharing, members of your family group can use your subscription.

4. Your responsibilities

You're responsible for the accuracy of what you enter, and for how you use the results. Don't use the app for anything unlawful. Don't copy, modify, reverse engineer or redistribute it, except as the law allows despite this restriction.

5. Your data

Your plan stays on your devices and in your iCloud account; see the Privacy Policy. You're responsible for keeping copies you need. Deleting a plan file or the app deletes your data, and we can't recover it.

6. Changes to the app and these terms

We may update the app, its rules data and these terms. For material changes to these terms, we'll update the effective date and note them in the release notes. If you keep using the app after a change, the new terms apply.

7. Intellectual property

The app, its content and its calculations belong to us or our licensors. These terms give you a personal, non-transferable license to use the app on Apple devices you own or control, under the App Store's usage rules.

8. Disclaimers and limits of liability

As is. The app is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy and non-infringement, to the fullest extent the law allows.

Limitation. To the fullest extent the law allows:

  • we aren't liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, taxes, penalties, interest or investment losses, arising from your use of the app or reliance on its estimates;
  • our total liability for any claim relating to the app is limited to the greater of the amount you paid for the app in the 12 months before the claim, or $500 [counsel: confirm].

Some jurisdictions don't allow some of these limits. In those, they apply to the extent permitted.

9. Disputes

[Counsel to draft:]

  • individual binding arbitration;
  • a class-action waiver;
  • a 30-day opt-out by written notice;
  • a small-claims exception;
  • governing law of [state], excluding conflict-of-law rules.

10. General

  • If any part of these terms is unenforceable, the rest still applies.
  • Our not enforcing a term isn't a waiver.
  • These terms, the Privacy Policy and Apple's terms are the whole agreement about the app.

Contact

[LLC name], [address]. Email: support@taxtirement.com.