IMPORTANT: By accessing or using the AnalytixData platform ("Platform"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use the Platform.
Definitions
"AnalytixData", "we", "us", or "our" refers to AnalytixData Tax Services, the operator of this Platform.
"Customer" or "Preparer" refers to the licensed tax professional who subscribes to and uses the Platform.
"Client" refers to any third-party individual or entity for whom the Customer provides tax preparation services.
"Services" refers to all features, tools, and functionalities provided through the Platform, including but not limited to: document management, bank statement pre-classification, report generation, compliance document generation (WISP, Living Trust, Engagement Letters), and client management tools.
"Pre-Classification Services" refers specifically to the automated and/or manual analysis and categorization of bank statement transactions performed by AnalytixData.
"Deliverables" refers to any output generated by the Platform, including Excel reports, PDF documents, and analysis summaries.
Nature of Services — Data Processing Only
CRITICAL DISCLAIMER:
AnalytixData is a data processing service. We are NOT a tax preparation firm, accounting firm, law firm, or financial advisory service. We do NOT provide tax advice, legal advice, accounting services, or financial planning services of any kind.
The Pre-Classification Services provided through this Platform constitute preliminary data organization and categorization only. All transaction classifications, category assignments, and analytical outputs are generated as suggestions and starting points for the Customer's independent professional review.
Under no circumstances should any Deliverable produced by this Platform be used as a final tax document, filed with any government agency, or relied upon for tax compliance purposes without thorough independent review and verification by the Customer (a licensed tax professional).
Customer Responsibilities and Acknowledgments
By using the Platform, the Customer expressly acknowledges and agrees that:
3.1 Final Responsibility
The Customer assumes full and sole responsibility for the accuracy, completeness, and correctness of all tax returns, filings, and documents prepared using data or Deliverables from this Platform.
3.2 Professional Review Required
The Customer shall independently verify, review, and validate ALL Pre-Classification outputs before incorporating them into any tax return, financial statement, or client deliverable.
3.3 Licensed Professional
The Customer represents and warrants that they are a duly licensed tax preparer, enrolled agent, CPA, or attorney authorized to practice before the IRS, and that they maintain all required credentials, PTIN, and EFIN.
3.4 IRS Compliance
The Customer is solely responsible for compliance with all IRS regulations, including but not limited to Circular 230, Section 7216, and all applicable state regulations governing tax preparers.
3.5 Client Relationships
The Customer maintains the direct professional relationship with their Clients. AnalytixData has no professional relationship with, duty to, or liability toward the Customer's Clients.
3.6 Data Accuracy
The Customer is responsible for the accuracy and completeness of all data, documents, and information uploaded to the Platform.
3.7 Backup and Records
The Customer shall maintain independent copies of all records and shall not rely solely on the Platform for document retention or compliance purposes.
Pre-Classification Service Terms
Regarding the bank statement analysis and pre-classification service specifically:
4.1 Preliminary Nature
All transaction categorizations are preliminary suggestions based on transaction descriptions, amounts, and patterns. They are NOT definitive tax classifications.
4.2 No Guarantee of Accuracy
AnalytixData does not guarantee that any pre-classification will be correct, complete, or appropriate for any specific tax situation. Transaction descriptions from financial institutions may be ambiguous, incomplete, or misleading.
4.3 Professional Judgment Required
Proper tax classification requires professional judgment considering the taxpayer's specific circumstances, business type, applicable tax law, and other factors that are beyond the scope of data processing.
4.4 Credits
Each credit entitles the Customer to the pre-classification of one (1) month of bank statement data at a rate of $25 USD per credit. Credits are non-refundable once the analysis has been initiated. Unused credits do not expire but are non-transferable.
Limitation of Liability
To the maximum extent permitted by applicable law:
5.1 AnalytixData's total aggregate liability to the Customer for any and all claims arising out of or related to these Terms or the use of the Platform shall not exceed the total amount paid by the Customer to AnalytixData during the twelve (12) months immediately preceding the event giving rise to the claim.
5.2 In no event shall AnalytixData be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: loss of profits, loss of data, loss of business opportunities, IRS penalties, interest, fines, or any damages arising from tax positions taken based on Platform outputs.
5.3 AnalytixData shall have no liability whatsoever for any tax deficiency, penalty, interest, or other adverse tax consequence resulting from any tax return or filing prepared using data or Deliverables from this Platform.
5.4 AnalytixData shall have no liability for any errors, omissions, or inaccuracies in Pre-Classification outputs, regardless of whether such errors result from system malfunction, data quality issues, or any other cause.
Indemnification
The Customer agrees to indemnify, defend, and hold harmless AnalytixData, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- The Customer's use of the Platform or any Deliverable;
- Any tax return, filing, or document prepared by the Customer using Platform data;
- Any claim by a Client of the Customer related to tax preparation services;
- The Customer's failure to independently verify Pre-Classification outputs;
- The Customer's violation of any applicable law, regulation, or professional standard;
- Any breach of these Terms by the Customer or their Authorized Users;
- Any claim arising from the Customer's professional relationship with their Clients.
Document Generation Disclaimer
The Platform may generate legal documents including but not limited to: Written Information Security Plans (WISP), Living Trust packages, Engagement Letters, and Powers of Attorney. Regarding these documents:
7.1 Not Legal Advice
Document templates are provided for informational and convenience purposes only. Their generation does NOT constitute the practice of law or legal advice.
7.2 Professional Review
All generated legal documents should be reviewed by a qualified attorney licensed in the applicable jurisdiction before execution.
7.3 State Variations
Legal requirements vary by state. The Customer is responsible for ensuring any generated document complies with applicable state law.
7.4 No Attorney-Client Relationship
Use of document generation features does not create an attorney-client relationship between AnalytixData and the Customer or their Clients.
Data Security and Privacy
AnalytixData implements industry-standard security measures to protect Customer and Client data, including:
However, no system is completely secure. AnalytixData does not guarantee that unauthorized access, data breaches, or data loss will never occur. The Customer acknowledges this inherent risk and agrees that AnalytixData's liability for any data breach shall be limited as set forth in Section 5.
Intellectual Property
All content, software, algorithms, designs, and materials on the Platform are the intellectual property of AnalytixData. The Customer receives a limited, non-exclusive, non-transferable license to use the Platform for its intended purpose during the subscription period.
Customer data and Client data remain the property of the Customer. AnalytixData claims no ownership over uploaded documents or Client information.
Termination
Either party may terminate the service relationship at any time. Upon termination:
- The Customer's access to the Platform will be revoked.
- The Customer shall have thirty (30) days to download their data before deletion.
- Unused credits are non-refundable upon termination.
- Sections 5, 6, 7, and 11 shall survive termination.
Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any dispute arising under these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in Houston, Texas.
Modifications
AnalytixData reserves the right to modify these Terms at any time. Material changes will be communicated to Customers via email at least thirty (30) days prior to taking effect. Continued use of the Platform after such notice constitutes acceptance of the modified Terms.
Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
Entire Agreement
These Terms, together with any applicable Privacy Policy and service-specific agreements, constitute the entire agreement between the Customer and AnalytixData regarding the use of the Platform and supersede all prior agreements, representations, and understandings.
Contact
For questions regarding these Terms of Service, please contact us at:
AnalytixData Tax Services
Email: legal@analytixdata.io
Website: www.tax-analytix.com
BY USING THE ANALYTIXDATA PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE IN THEIR ENTIRETY, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND ANALYTIXDATA.