2023 ProFile Intuit software end user license agreement (Canada)

A copy of this End User License Agreement is available at https://profile.intuit.ca/license-agreement/ (English) and https://profilefrancais.intuit.ca/convention-droits-utilisation/ (French)

Thank you for selecting the Software offered by Intuit Canada ULC and/or its subsidiaries and affiliates (referred to as "Intuit," "we," "our," or "us"). Review these license terms ("Agreement") thoroughly. This Agreement is a legal agreement between you and Intuit. By clicking “I Agree,” indicating acceptance electronically, installing, accessing or using the Software, you agree to these terms. If you do not agree to this Agreement, then you may not use the Software.

A. GENERAL TERMS

1. AGREEMENT

1.1 This Agreement describes the terms governing your use of the Intuit Software including content, updates and new releases (collectively, the “Software”). It includes by reference:

Intuit's Global Privacy Statement provided to you in the Software and available at https://www.intuit.com/privacy/statement/ or provided to you otherwise;
Additional Terms and Conditions, which may include those from third parties; and
Any terms provided separately to you for the Software, including product or program terms, ordering, activation, payment terms, etc.

2. LICENSE GRANT AND RESTRICTIONS

2.1 The Software is protected by copyright, trade secret, and other intellectual property laws. You are only granted certain limited rights to install and use the Software, and Intuit reserves all other rights in the Software not granted to you in writing herein. As long as you meet any applicable payment obligations and comply with this Agreement, Intuit grants you a personal, limited, nonexclusive, nontransferable, revocable license to use the Software for the preparation and filing of tax returns only for the period of use provided in the ordering and activation terms, as set forth in this Agreement, or in accordance with Intuit’s then-current product discontinuation policies, as updated from time to time, and only for the purposes described by Intuit for the Software.

2.2 You acknowledge and agree that the Software is licensed, not sold. You agree not to use, nor permit any third party to use, the Software in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:

Provide access to or give the Software or any part of the Software to any third party;
Reproduce, duplicate, modify, copy, deconstruct, reverse-engineer, sell, trade or resell the Software;
Transfer your license to the Software to any other party;
Attempt unauthorized access to any other Intuit systems that are not part of the Software;
Permit any third party to benefit from the use or functionality of the Software via a rental, lease, timesharing, service bureau, hosting service, or other arrangement; or
Make the Software available on any file-sharing or application hosting service.

3. PAYMENT. For Software licensed on a payment or subscription basis, the following terms apply, unless Intuit notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you for the Software:

Payments will be billed to you in Canadian 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 Software.
You must pay with one of the following:
A valid credit card acceptable to Intuit;
A valid debit card acceptable to Intuit;
Sufficient funds in a chequing or savings account to cover an electronic debit of the payment due; or
By another payment option Intuit provides to you in writing.
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, terminate your license and refuse any further use of the Software.
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.
Intuit will automatically renew your monthly, quarterly, or annual subscription at the then-current rates, unless the Software is cancelled or terminated under this Agreement.
Additional cancellation or renewal terms may be provided to you on the website for the Software.

4. YOUR PRIVACY AND PERSONAL INFORMATION. You can view Intuit’s Global Privacy Statement provided with the Software and on the website for the Software. You agree to the applicable Intuit’s Global Privacy Statement, and any changes published by Intuit. You agree that Intuit may use and maintain your data according to the Intuit’s Global Privacy Statement, as part of the Software. This means that Intuit may use your personal information to improve the Software or to design promotions and to develop new products or services for you, including developing insights about you and others whose personal information you may input into the Software and for analysis to improve, design and/or develop the Software. When you use the Software to enter the personal information of another, you agree that you have the rights and/or permissions to do so. Intuit is a global company and may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.

As such, some personal information, including tax returns from Tax Year (defined in Part B, Section 3.2 below) may be accessed or shared within Intuit and stored in countries outside of your country to the extent permitted by applicable law. 'Tax return information' excludes non-personally identifiable information concerning your use of the Intuit tax products – e.g. which screens you viewed.

Intuit will follow internally set guidelines and use care in the disposal, destruction, or de-identification of personal information to prevent unauthorized parties from gaining access to personal information.

5. CONTENT

5.1 You are responsible for your content. Content includes any data, information, materials, text, graphics, images, music, software, audio, video, works of authorship of any kind, that are uploaded, transmitted, posted, generated, stored or otherwise made available through the Software and/or services available through the Software (collectively "Content"), which will include without limitation any Content that account holders (including you) provide through your use of the Software. By making your Content available through your use of the Software and/or services, you grant Intuit a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Software and/or services. Notwithstanding the foregoing, to the extent that any Content you provide to Intuit relates to or could be associated with any of your customers or users (“Personal Information”), Intuit will use such Personal Information as needed to deliver the Software and/or services or as otherwise described in Section 6.5. Archive your Content frequently. You are responsible for lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Intuit is not responsible for the Content or data you provide through your use of the Software and/or services.

You agree not to use the Software and/or services, nor permit any third party to use the Software and/or services, to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

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;
Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;
Except as permitted by Intuit in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
Virus, trojan horse, worm or other disruptive or harmful software or data; and
Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.

5.2 Community forums. The Software may include a community forum or other social features to exchange Content and information with other users of the Software and the public. Intuit does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Intuit is not responsible.

5.3 Intuit may freely use feedback you provide. You agree that Intuit may use your feedback, suggestions, or ideas in any way, including in future modifications of the Software, other products or services, advertising or marketing materials. You grant Intuit a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Intuit in any way.

5.4 Intuit may monitor your Content. Intuit may, but has no obligation to, monitor content on the Software. We may disclose any information necessary to satisfy our legal obligations, protect Intuit or its customers, or operate the Software properly. Intuit, in its sole discretion, may refuse to post, remove, or refuse to remove, any content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

6. ADDITIONAL TERMS

6.1 Intuit does not give professional advice. Unless specifically included with the Software, Intuit 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.

6.2 We may tell you about other Intuit services. You may be offered other services, products, or promotions by Intuit ("Intuit Services"). Additional terms and conditions and fees may apply. With some Intuit Services you may upload or enter data such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant Intuit permission to use information about your business and experience to help us to provide the Intuit Services to you and to enhance the Software. You grant Intuit permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant Intuit permission to share or publish summary results relating to research data and to distribute or license such data to third parties.

6.3 Communications. Intuit may be required by law to send you communications about the Software or Third Party Products. You agree that Intuit may send these communications to you via email or by posting them on our websites.

6.4 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for access to the Software and to contact Intuit if you become aware of any unauthorized access to your account. The Software may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Software. You agree to receive these updates.

6.5 Intuit is a service provider. The parties agree that, for purposes of this Agreement, you are a Business and Intuit is a Service Provider. Notwithstanding anything else in this Agreement, Intuit shall not (1) retain or use such Personal Information other than as needed to provide the Software and/or to perform the Services or as otherwise described herein or (2) sell or otherwise disclose such Personal Information except to Service Providers needed to render the Software and/or Services, except that you hereby instruct Intuit to Aggregate and Deidentify the Personal Information as needed to analyze and improve the Software and/or Services, including to the extent permitted by applicable law, other Intuit products and services. Notwithstanding the foregoing, you understand and acknowledge that while we act as a Service Provider under applicable data protection laws, we may nonetheless provide your customers with the ability to access and import their Personal Information which you collect through your use of the Services, including tax return information. You acknowledge that once their Personal Information is imported into other Intuit products and services, it may be used and disclosed in accordance with Intuit’s Global Privacy Statement. Intuit certifies that it understands and will comply with its obligations under this Section 6.5.

7. DISCLAIMER OF WARRANTIES

7.1 YOUR USE OF THE SOFTWARE AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED "AS IS”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SOFTWARE IS 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 SOFTWARE. INTUIT AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES AND CONDITIONS DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES AND CONDITIONS ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER. SOME PROVINCES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM PROVINCE TO PROVINCE.

7.2 INTUIT, ITS AFFILIATES AND SUPPLIERS, DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SOFTWARE WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

8. LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF INTUIT, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SOFTWARE AND SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, INTUIT, 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 INTUIT SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF INTUIT AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF INTUIT, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SOFTWARE AND SERVICES AND THEIR USE.

You agree to indemnify and hold Intuit and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable legal fees and costs, arising out of your use of the Software or breach of this Agreement (collectively referred to as "Claims"). Intuit 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 Intuit in the defense of any Claims.

9. CHANGES. We reserve the right to change this Agreement at any time, and the changes will be effective when posted on our website for the Software or when we notify you by other means. We may also change or discontinue the Software, in whole or in part. Your continued use of the Software indicates your agreement to the changes.

10. TERMINATION. Intuit may immediately, in its sole discretion, and without notice, restrict, deny, terminate this Agreement or suspend your license or access to the Software, related or other Services, effective immediately, in whole or in part, if we determine that your use of the Software violates this Agreement,is improper or substantially exceeds or differs from normal use by other users, raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues, to protect the integrity or availability of the Software or systems and comply with applicable Intuit policy, if you no longer agree to receive electronic communications, or if your use of the Software conflicts with Intuit’s interests or those of another use of the Software. Upon Intuit notice that your use of the Software has been terminated, you must immediately stop using the Software and delete or destroy all copies of the Software and any outstanding payments will become due. Any termination of this Agreement shall not affect Intuit’s rights to any payments due to it. Intuit may terminate a free account at any time. Sections 2, 4, and 7 through 15 will survive and remain in effect even if the Agreement is terminated, cancelled or rescinded.

11. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to restrictions and controls imposed by the Export and Import Permits Act (Canada) and regulations enacted under the Export and Import Permits Act as well as the U.S. export controls regulations administered by the U.S. Dept. of Commerce (15 CFR, Chapter VII) and that you will comply with all applicable laws and regulations. You will not export or re-export the Software, or portion thereof, directly or indirectly, in violation of the Canadian and U.S. export administration laws and regulations to any country or end user; or to any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that this Software may include technical data subject to such Canada and U.S. export regulations.

12. GOVERNING LAW AND JURISDICTION. This Agreement shall be governed by The Province of Ontario and the federal laws of Canada without regard to its conflicts of law provisions. To resolve any legal dispute arising from this Agreement, you and Intuit agree to the exclusive jurisdiction of the Province of Ontario. Intuit does not represent that the Software is appropriate or available for use in all countries. Intuit prohibits accessing materials from countries or states where contents are illegal. You are using the Software on your own initiative and you are responsible for compliance with all applicable laws.

13. LANGUAGE. Except in Québec, any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. In Québec, the French language version of this Agreement shall be equally authoritative.

14. GENERAL. This Agreement, including Additional Terms below is the entire agreement between you and Intuit 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. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of Intuit However, Intuit may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by Intuit or (c) a successor by merger. Any assignment in violation of this Section shall be void.

15. PROVINCE SPECIFIC TERMS. These terms apply only to consumers in the following province. In the event of a conflict between the terms of this Agreement and this Section 15, the terms of this Section 15 shall apply:

Québec Consumers. If you are a Québec Consumer, the following terms apply to you:

Disclaimer of warranties. THE SOLE WARRANTY APPLICABLE TO THIS AGREEMENT AND THE SERVICES IS THE MANDATORY LEGAL WARRANTY PROVIDED UNDER THE CIVIL CODE OF QUÉBEC AND ANY WARRANTY PROVIDED FOR UNDER THE CONSUMER PROTECTION ACT (QUÉBEC).

Modifications. The provisions relating to the Services, the price and payment terms for the Services, the party providing the Services, renewal and termination rights, and any provision of Intuit’s GlobalPrivacy Statement may be modified or amended upon 30 days prior written notice setting out (i) the new clause or the amended clause and the clause as it read formerly, and (ii) the date of the coming into force of the such modification or amendment. If we do not allow you to maintain this Agreement unamended, you will have the right to terminate this Agreement during the notice period.

Termination. Termination of this Agreement by Intuit without default by you is only effective upon 60 days prior written notice.

Governing law. Any disputes arising out of or related to this Agreement or the Services shall be governed by the laws of Province of Québec and the laws of Canada applicable therein.

Rev December 2021 (Canada)

B. ADDITIONAL TERMS AND CONDITIONS FOR THE SOFTWARE PROFILE 2021 TAX YEAR SOFTWARE (“PROFILE SOFTWARE”).

1. USE LIMITATIONS. IMPORTANT NOTICE. IF YOU ARE USING THE INTUIT PROFILE SOFTWARE, THE FOLLOWING TERMS APPLY TO YOU IN ADDITION TO THE GENERAL END USER LICENSE AGREEMENT TERMS ABOVE. These Additional Terms and Conditions shall prevail over any conflict or inconsistency with the General End User License Agreement terms above. Capitalized terms not otherwise defined below have the meanings provided in the General End User License Agreement.

Thank you for selecting ProFile software. This End User License Agreement (the "License Agreement") gives you ("you" and "your" means you or the legal entity that you are authorized to represent and on whose behalf the Software is licensed) certain rights and responsibilities governing your use of OnePay, ProFile 20, ProFile Additional Licenses and/or Trial License versions of the following software applications in the ProFile Professional Tax Suite: ProFile T1, ProFile T1/TP1, ProFile T2, ProFile T2 Add-on, ProFile FX, ProFile FX/Q, ProFile T3 and ProFile T3/TP-646 (the "ProFile Software" or the "Software"), and any other applicable Intuit and third party software programs that subsequently may be offered and licensed to you by Intuit and suppliers, including all related materials, such as reference manuals and operating instructions provided for use in connection with the software programs and all associated documentation ("Documentation"), which are owned by Intuit. If the ProFile Software you are licensing is bundled with other third party software programs, this License Agreement covers only the ProFile Software; use of other third party software programs is governed by separate end user license agreements which may contain different terms and conditions.

In addition to the ProFile Software listed above, the term "Software" includes the Profile Services (defined in Section 8.1 below) and any other programs, tools, internet-based services, components and any Software "updates" (for example, Software maintenance, service information, help content, bug fixes, or maintenance releases etc.) of the Software that Intuit provides or makes available to you after the date you obtained your initial copy of the Software. You are entitled to download updates to the Software that Intuit generally makes available to other users of the Software.

During the term of this Agreement, Intuit may, at its discretion, offer you the option of additional discounts, products and services, including third party products and services, when and if they become available, unless you opt-out of these or other optional marketing, electronic or other commercial communications.

2. PRODUCT CODES AND LICENSE KEYS

2.1 You will need a valid Product Code and/or License Key to install and run the Software; and to install and use the Software with limited functionality for a specified trial or evaluation period (identified under Trial License below). Trial License and trial Software does not include print and e-file functionality. For Software license purchased or Trial License downloaded after June 6, 2022, only a License Key will be needed for activation.

2.2. When you order the Software, the Product Code and/or License Key will be delivered to you by Intuit based on one of the two options that you choose as outlined below:

You will receive an email from Intuit if you order the Software online or download a trial version; or
You can call the Intuit office (phone: 1-800-861-3599) to purchase the Software license.

To complete activation with the Product Code and/or License Key, you can activate the Software by going online or calling Intuit’s customer care at 1-800-452-9970.

2.3 If the Software is delivered by electronic transmission, it shall be deemed delivered on the date that Intuit makes the Software available for you to download.

2.4 If you have purchased the right to use a license already and you decide to evaluate one or more other ProFile applications, you will enter the associated trial Product Code and/or License Key by selecting Help > Manage License from the ProFile menu.

2.5 Please contact Intuit by calling 1-800-452-9970 in order to resolve any problems you may encounter when installing the ProFile Software.

3. LICENSE GRANT AND RESTRICTIONS OF USE

3.1 Intuit hereby grants you a personal, non-exclusive, non-transferable, revocable right and license to install and use the Software, for the preparation and filing of tax returns, at the single physical location designated as your primary business firm address indicated in the Software and designated in Intuit’s records (the primary firm address is referred to as the “Licensed Location”). All proprietary rights in the Software and legal title thereto shall remain in Intuit and/or its licensors.

Additionally, Intuit offers different types of ProFile Software licenses including OnePay, License such as ProFile 20 and Trial, with terms designed to meet the needs of our customers:

OnePay. OnePay licenses allow a single user to prepare and print a single federal and related provincial tax return. No multiple-user site license is available for OnePay. Under a single user license, one user can load the Software onto one computer for use solely by that licensed user at one Licensed Location. Returns for additional clients may be prepared after paying another OnePay license fee for each additional tax return. Obtain a OnePay license from within ProFile, by selecting to open a new return. If you do not have a ProFile License for the type of file selected, you will need to connect to our website where you may purchase a OnePay License online. There is no OnePay license option for ProFile FX or ProFile FX/Q. OnePay License purchased after June 6, 2022, requires ProFile version 2021.4.8 or later.
License. A ProFile License entitles you (and/or your additional authorized users up to the number of additional licenses you purchase), to access and use the Software on a computer (or number of computers corresponding to the number of additional licenses purchased) to prepare an unlimited number of tax returns at one Licensed Location. Use or attempted use of the Software or this license by you or by multiple or additional users beyond the maximum number permitted by the license or additional user licenses purchased or location other than the Licensed Location is strictly prohibited. Additional users and licenses may be added on a tiered pricing basis. Refer to https://profile.intuit.ca/ for more information.
Trial License. The Software may be downloaded from our website (www.profile.intuit.ca) for evaluation purposes for a specified trial period. A Trial License Product Code and/or License Key will be sent by email. Under a Trial License, one user can load the Software onto one computer for the sole purpose to assess the Software. Trial License and trial Software does not include print and e-file functionality for returns.

3.2 The Software relates to and is applicable only for the single 2021 Tax Year or corresponding Service Period (defined in Section 8.2 below) and access to software or programs for any subsequent Tax Years or Service Period requires a separate end user license agreement and payment of the then-current license or applicable subscription fee. As used in this Agreement, “Tax Year” means the year for which income and expenses are reported using the Software. For example, a tax return is typically filed in the current calendar year to report income and expenses for the immediately preceding year or prior Tax Year(s). Intuit, in its sole discretion, determines the tax forms to be included in the Software. For any forms that are considered optional by the taxing authority, Intuit will determine whether to provide such forms, at its discretion. Certain optional forms may not be provided in the Software.

3.3 Intuit shall have the right at any time, at its sole and absolute discretion, to change or add to the terms of this License Agreement at any time and to change, modify, add, delete, discontinue or impose conditions on any feature or aspect of the Software or its use or the Profile Services (defined in Section 8.1 below), including internet based services, pricing, technical support options, and other product-related policies, or Software or Profile Services operating interfaces, or the hardware and computer system specifications necessary to operate the Software or Profile Services, upon notice by any means Intuit determines in its sole discretion to be reasonable, including sending you an email notification or posting information concerning any such change, modification, addition, deletion, discontinuance or conditions in the Software or any Intuit sponsored website, including https://profile.intuit.ca/.

3.4 Restrictions. You are not licensed or permitted under this License Agreement to (and you agree you will not) do any of the following: (a) Install the Software on computers that are accessible to more than the number of users authorized by your Software License from the Types of ProFile Software Licenses in Section 3.1 above; (b) Make the Software available on any file-sharing or application hosting service; (c) Remove, obscure, or alter any Intuit patent, copyright, trademark or other proprietary rights notices.

3.5 Any person who received the Software through any of the prohibited methods set forth in this Agreement, or through any method other than purchasing a license to use the Software from Intuit or an Intuit authorized reseller, is not authorized to use such Software.

3.6 If you violate any of the terms in this Section, your license to use the Software under this Agreement may be terminated by Intuit in its sole discretion.

3.7 Updates. Periodically, Intuit may, at its sole discretion, introduce updates to the Software in accordance with the process set forth in Section 2 above. All updates provided to you shall become part of the Software and be governed by the terms of this License Agreement.

4. YOUR RESPONSIBILITIES; USE OF YOUR PROFILE DATA

4.1 Your Responsibilities. You are responsible for: (a) determining whether the Software will achieve the results you desire; (b) procuring, installing and operating the recommended computer and operating system to run the Software; (c) providing a proper environment and proper utilities for the computer on which the Software operates (including in many cases Internet access for Third Party Services and other services); (d) ensuring that you and your personnel have adequate training to operate the computer and are familiar with the accounts and records that serve as input and output for the Software; and (e) establishing adequate operational backup provisions in the event of a defect or malfunction that renders the Software or the computer system on which it runs non-operational.

4.2 Use of Your Profile Data. The Software is a web-enabled desktop product that requires Internet connectivity to enable activation, deliver product updates and features, messages, service information and help content. With consent obtained within the product, we may also collect data about you and your use of the Software. This data helps us determine where the Software is most effective and what Intuit Services help you manage your business most effectively. In addition, if you elect to use online products available in or with use of the Software, data will be collected and used in accordance with Intuit’s Intuit’s Global Privacy Statement. You give Intuit permission to combine any of this identifiable and non-identifiable information with that of other users of the Software and/or other Intuit Services. For example, Intuit may use your and other users’ data to improve, design or develop the Software or other Intuit products and services (as described above).

5. WARRANTIES

5.1 Limited Warranty. Intuit warrants that:

(a) Until December 15 of the calendar year in which a T1 return for the applicable Tax Year is required to be filed and pursuant to your authorized use of the Software, Intuit warrants that the ProFile T1 and ProFile T1/TP1 Software will calculate your federal tax return accurately. If the CRA assesses a higher amount of tax payable than ProFile T1 or ProFile T1/TP1 calculated, you may be entitled to a full refund provided that the discrepancy was solely the result of a calculation error on a form prepared using the Software and not a result of, among other things:

your failure to enter all required information accurately;
your negligent, willful or fraudulent omission of pertinent information, or your inclusion of inaccurate information on the affected tax return;
your misclassification of information on the tax return;
your failure to install ProFile updates on a timely basis;
your failure to enter information according to workaround solutions that address known issues in the Software which Intuit communicates to you by email or through the process of software updates; or,
your failure to file an amended tax return to avoid or reduce your interest charges after Intuit announced updates or corrections to the Software that would have allowed you to file an amended tax return before the filing deadline.

(b) To request remedy related to the limited warranty in this Section 5.1, you must submit a claim by the earlier of the following dates: December 15 of the calendar year in which the relevant Tax Year return was required to be filed or forty-five (45) days from the date on the CRA Notice of Assessment related to a ProFile miscalculation as described in 5.1(b), above. Your written notice must include a copy of the CRA Notice of Assessment, a hard copy of the re-assessed tax return, and an electronic copy of the impacted tax return data files. By filing such a claim, you agree to provide Intuit with any relevant data files, as well as any materials you used to evaluate and verify your client's claim. Further, you authorize employees of Intuit to review these files.

You are responsible for adhering to applicable privacy legislation, including (but not limited to) ensuring you have obtained your client’s permission to allow Intuit to review his or her personal tax information. Intuit is not responsible for paying any additional tax liability owed to the CRA, above and beyond the specified interest charges. You are responsible for providing assistance and additional information as reasonably requested by Intuit to fulfill its limited warranty obligation.

In the case that your claim is substantiated, we will pay the interest charged due to the discrepancy, up to the amount of your License fee for the ProFile T1 or ProFile T1/TP1 Software used to file the return. The total remedy for multiple claims you may submit pursuant to the remedy available for the limited warranty provided in section 5.1(b) cannot exceed the amount prescribed in this paragraph.

If you obtained the Software by downloading it onto your computer, and the Software did not install properly, please try to download and install it again. For answers to common installation questions, go to the Intuit support website. If you do not find a solution to your problem, contact Intuit Technical Support at 1-800-452-9970.

5.2 Satisfaction Guaranteed. Provided that you have used the Software in compliance with the requirements of this Agreement, if you determine that the Software does not meet your expectations, you may return the Software within fourteen (14) days of the date from purchase. If you would like a refund, you can provide your contact information, order information from purchase receipt, and reason for the return to Intuit Technical Support or customer care by email to Canada_Returns@intuit.com or by phone at 1-800-452-9970.

6. LIMITATION OF LIABILITY. INTUIT DOES NOT WARRANT THAT THE USER WILL ENTER ALL ITEMS REQUIRED FOR A COMPLETE TAX RETURN, OR THAT THE USER WILL OBTAIN THE MAXIMUM TAX REDUCTION IN EVERY CASE. INTUIT DISCLAIMS ANY RESPONSIBILITY FOR ACCURACY OR ADEQUACY OF ANY POSITIONS TAKEN BY USERS IN THEIR TAX RETURNS. INTUIT WILL NOT BE RESPONSIBLE FOR ANY DAMAGES RESULTING FROM THE USE OR MISUSE OF THE DOCUMENTATION AND/OR THE SOFTWARE, INCLUDING ANY INCOME TAXES, PENALTIES, OR INTEREST CHARGES THAT MAY BE ASSESSED BY THE TAXING AUTHORITIES (UNLESS OTHERWISE INDICATED HEREIN).

7. IMPORT SERVICES. The Software may include a feature that allows you to import certain tax-related information from participating accounting software, payroll processors, financial or other institutions (the "Import Services"). If the Import Services are available and you choose to use them, you are responsible for verifying the accuracy of the information that is imported. Intuit bears no responsibility for this information. Should you take advantage of the Import Services, your relationship concerning the Import Services will be with the applicable information providers, and Intuit disclaims all liability that might arise from your use of the Import Services.

8. PROFILE SERVICES AND LICENSEES; SERVICE PERIOD

8.1 Profile Services and Licensees. The term, “Profile Services” means all and any portion of the services that support the Software and are made available to Licensees during the Service Period (defined below), including all Intuit and third party programs and features offered as part of updates for the Profile Services, and any other related online or connected services, content, programs or portion(s), that are posted on the website for the Software or otherwise made available as part of the Profile Services in the Service Period (defined below). Some or all of the Profile Services may involve or require the payment of subscription or additional fees. Profile Services are available when filing with governmental agencies during the Service Period, which is usually the then-current calendar year immediately following the applicable Tax Year. The Profile Services are provided by Intuit at its discretion and Intuit reserves the right to change all or any portion of the Profile Services at any time, which changes will be effective when posted on the website for the Software or when Intuit notifies Licensee by other means. Any access or use by you of the Profile Services from or with ProFile Software is subject to and governed by the terms of this Agreement.

For purposes of this section, you are referred to as a “Licensee” if you are a user of the Software who has paid any applicable subscription or other fees and you are authorized and entitled to the benefits and use of the Profile Services during the Service Period (defined below).

8.2 Service Period. The term, “Service Period” means the calendar year January 1, 2022 to December 31, 2022 for the 2021 Tax Year (defined in Section 3.2 above). Access to Software and all or portions of the Profile Services for the current Service Period may be available immediately after purchase and before the Service Period officially begins, including to Licensees who had access for the prior tax year and who have purchased a 2021 Tax Year Software license.

8.3 Technical and Product Support Services.

As part of the Profile Services, during the Service Period:

Technical and product support will be provided to Licensee by toll free telephone, email, and chat consultation for use of the Software on the hardware and operating systems specified in the documentation for the Software. Intuit reserves the right to change the terms, conditions, features and pricing of its technical support from time to time.
Software updates will be made available to Licensee, when and if Intuit makes such updates for the Software generally available to its other Software users. Updates will be offered or made available, at Intuit’s discretion as in-product Internet update or Internet download, and such updates (including patches, critical, or security updates) may not be available for all prior tax year versions of the Software. For clarity, “updates” do not include new derivations of the Profile Services that Intuit designates as new software products, programs, or services for which Licensee will be charged a separate license fee or, at Intuit’s election, major releases that include significant feature enhancements for which Licensee will be charged an incremental fee. Intuit shall have the right, at its sole discretion, to withhold the shipment of updates if Licensee is delinquent in the payment of any charges owed to Intuit.

9. BACKUP/DOCUMENT STORAGE SERVICES. In addition to primary copies of your client’s data stored by you at your location, Document Storage Services enables you to backup, store and retrieve copies of your clients’ tax returns online for the duration of the current tax filing year, or otherwise as long as necessary for the identified purposes or as required by applicable law. In order for you to use the Document Storage Services you must have Internet access. Data that you choose to transfer or backup to the Document Storage Services will be transmitted via the Internet and may be accessed or shared within Intuit and stored in countries in which Intuit operates, including in the United States, in accordance with applicable law. If you choose to use the Document Storage Services, you agree Intuit may store, use, host, and maintain any such Transferred Files or other files or data, in the United States consistent with this Agreement and Intuit’s Global Privacy Statement. Document Storage Services are provided by Intuit at its discretion and Intuit has the right to impose limitations on storage, and any access or use of the Document Storage Services by you from or with Software is also subject to and governed by the terms of this Agreement. Separate fees may apply. Intuit will follow its Global Privacy Statement and use care in the disposal, destruction, or de-identification of personal information to prevent unauthorized parties from gaining access to personal information.

In order for you to use the Document Storage Services, you must: (i) have registered select versions of the ProFile Software; and (ii) have Internet access. If you select the Document Storage Services, a copy of all or part of your company’s data files will be transferred via the Internet to Intuit’s servers (the “Transferred Files”); where you grant Intuit the right and license to (i) host and maintain the Transferred Files, (ii) use the Transferred Files consistent with this Agreement and Intuit’s Global Privacy Statement to, among other things, design and offer promotions, recommend products or services to you, provide ways for you to compare business practices with other users, or for any internal Intuit purpose, and (iii) use the Transferred Files to make the Profile Services available to you, (iv) reformat and manipulate the Transferred Files as reasonably necessary for the data to function with ProFile Software.
You acknowledge and agree that Intuit has the right to impose limitations on storage, and/or the quantity, size and format of the data or other Transferred Files permitted for upload to Intuit’s servers. Intuit reserves the right to change such limitations from time to time, and the changes will be effective when posted on the ProFile website or when we notify you by other means.

Intuit Link. Licensee can also use “Intuit Link” during the Service Period to collect information from its clients. Intuit Link provides Licensee with the ability to request documents from its clients and have them stored online for easy sharing and access by Licensee and client for the purpose of Licensee preparing its client individual 2021 tax return. In addition to the terms provided in this Agreement, use of Intuit Link by Licensee’s client will be subject to Intuit’s Terms of Service when they register for the Intuit Link service.

QuickBooks Payments. License can also use QuickBooks Payments during the Service Period. QuickBooks Payments provides Licensee the ability to send invoices and accept payments through several options and tools. QuickBooks Payments account subject to eligibility criteria, credit and application approval. Subscription to QuickBooks Online required. Additional fees may apply.

10. TERM; TERMINATION

10.1 The license granted to you by this License Agreement is effective until terminated. You may terminate the license at any time by destroying all copies of the Software and Documentation, or alternatively, by returning them to Intuit.

10.2 Your rights under this License Agreement may be terminated by Intuit immediately and without notice if you fail to comply with any term or condition of this License Agreement. Upon such termination, you must immediately cease using the Software and any Service, and delete or destroy all complete and partial copies of the Software.

11. TRADEMARKS/COPYRIGHTS

11.1 Trademarks. Intuit, the Intuit logo, among others, are registered trademarks and/or service marks of Intuit.

11.2 Microsoft and Microsoft Internet Explorer are registered trademarks of Microsoft Corporation.

11.3 Any other product names, trademarks, service marks or registered marks, symbols, trade names, company names and/or logos which appear within this product are the property of their respective owners and appear through the courtesy of such owners. Such marks are protected by Canadian law on trademark and unfair competition and may also be registered in the Canadian Intellectual Property Office and/or in the U.S. Patent and Trademark Office.

If you have any questions concerning this License Agreement, or your rights or obligations hereunder, you may write to Intuit at: Intuit Canada, 5100 Spectrum Way, Mississauga, Ontario, L4W 5S2, Attn: Professional Tax Business Manager.

12. TRIAL VERSIONS AND BETA FEATURES. If you registered for a trial use of the Software ("Trial Period"), you must decide to purchase a Software license within the Trial Period in order to retain any Content that you have entered into the Software, created within the Software data file, posted or uploaded during the Trial Period. If you do not purchase a Software license by the end of the Trial Period, your Content will no longer be available to you. To be very clear, after using the Software during the trial period, if you decide not to purchase the license to the full version of the Software, you will not be able to access or retrieve any of the data you added or created with the Software during the trial.

From time to time, Intuit may, (fees may apply), at its sole discretion, include new and/or updated beta features (“Beta Features”) in the Services for your use and which permit you to provide feedback. You understand and agree that your use of the Beta Features is voluntary and Intuit is not obligated to provide you with any Beta Features. You understand that once you use the Beta Features, you may be unable to revert back to the earlier non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the earlier non-beta version. The Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.

13. SOCIAL MEDIA SITES. Intuit may provide experiences on social media platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among anyone who has registered to use them. Any content you post, such as pictures, information, opinions, or any personal information that you make available to other participants on these social platforms, is subject to the terms of use and privacy statements of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.

14. The Software may contain CefSharp and SharpGL which are subject to the license below:

The MIT License (MIT)

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The software is provided "as is", without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement. In no event shall the authors or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the software or the use or other dealings in the software.

15. The Software may contain software which are subject to the license(s) below:

15.1 MVVM Light libraries

The MIT License (MIT)

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

15.2 NewtonSoft.Json

The MIT License (MIT)

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

15.3 RESTSharp and Prism

Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0.

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

15.4 NLog

15.5 Spire.Doc for .NET

Rev May 2022