Terms of Service
These Terms of Service (“Terms”) are a binding agreement between you and TaxHarvest (“TaxHarvest,” “we,” “us,” or “our”) governing your access to and use of our website, applications, and tax-aware investing tools (collectively, the “Services”). By creating an account or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
1. Eligibility
You must be at least 18 years old and capable of entering into a binding contract to use the Services. By using the Services you represent that you meet these requirements and that your use will comply with all applicable laws.
2. Accounts
You are responsible for (a) maintaining the confidentiality of your account credentials, (b) all activity that occurs under your account, and (c) keeping your account information accurate and up to date. Notify us immediately at legal@taxharvest.ai if you suspect unauthorized access.
3. Subscriptions, fees, and billing
- Plans. Paid plans are billed in advance on a recurring basis (monthly or annually, as selected). All fees are stated in U.S. dollars and are exclusive of applicable taxes.
- Automatic renewal. Subscriptions renew automatically at the then-current rate unless cancelled before the renewal date.
- Cancellation. You may cancel at any time from your account settings. Cancellation takes effect at the end of the current billing period; you will retain access until then.
- Refunds. Except where required by law or explicitly offered (such as our 30-day money-back guarantee for new subscribers), fees are non-refundable.
- Price changes. We may change fees on notice of at least 30 days before the change takes effect on your next renewal.
- Failed payment. If a payment fails, we may suspend or terminate your access until the balance is paid.
4. Acceptable use
You agree not to:
- Use the Services in any way that violates applicable law or regulation;
- Reverse engineer, decompile, or attempt to extract source code from the Services;
- Scrape, crawl, or use automated means to access the Services except through our documented APIs;
- Interfere with or disrupt the integrity, security, or performance of the Services;
- Use the Services to develop a competing product;
- Share account credentials with others or circumvent usage limits;
- Upload malicious code or content that infringes the rights of others.
5. License
Subject to these Terms and your payment of applicable fees, TaxHarvest grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business use. All rights not expressly granted are reserved.
6. Ownership and feedback
The Services, including all software, content, trademarks, and logos, are owned by TaxHarvest or its licensors and are protected by intellectual-property laws. You retain ownership of the data you submit to the Services. You grant us a license to use that data solely to provide, improve, and support the Services. If you send us feedback or suggestions, you grant us a perpetual, royalty-free license to use it without obligation.
7. Third-party services and brokerages
The Services integrate with third-party brokerages and data providers. Your use of those third parties is governed by their own terms, and TaxHarvest is not responsible for their actions, availability, accuracy, or policies. You authorize TaxHarvest and its providers to access your brokerage accounts on a read-only basis (or, where you explicitly enable automation, to place trades) solely to provide the Services.
8. No financial, tax, investment, or legal advice
TaxHarvest is a software tool that produces general, informational estimates and suggestions based on the data you and your brokerage provide. It is not personalized financial, investment, tax, accounting, or legal advice, and it is not a recommendation to buy, sell, or hold any specific security, to enter or exit any position, or to take any tax action.
TaxHarvest is not a registered investment adviser, broker-dealer, CPA firm, enrolled agent, or law firm. We do not have a fiduciary relationship with you. Nothing in the Services — including suggested harvests, replacement-security ideas, projected tax savings, wash-sale flags, cost-basis calculations, or any other output — should be relied on as advice tailored to your individual circumstances.
Tax-loss harvesting, wash-sale tracking, cost-basis calculations, projected tax bills, and any other numbers you see in the Services are estimates. They are derived from the information available to us at a point in time and may be incomplete, delayed, inaccurate, or affected by tax-law changes, broker reporting differences, or facts about your situation that we do not know.
You should consult a qualified tax professional, financial adviser, and/or attorney before acting on anything you see in the Services. You are solely responsible for reviewing and confirming any trade, filing, or tax position before it is submitted, and you accept all risk and consequences of doing so. Past performance does not guarantee future results, and tax savings depend on facts specific to you that TaxHarvest cannot verify.
9. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY CALCULATION, PROJECTION, SUGGESTION, OR RECOMMENDATION IS ACCURATE, COMPLETE, OR APPROPRIATE FOR YOUR SITUATION. WE DO NOT GUARANTEE ANY SPECIFIC TAX OUTCOME, INVESTMENT RESULT, OR LEVEL OF SAVINGS.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAXHARVEST AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUES, LOST DATA, INVESTMENT LOSSES, MISSED INVESTMENT OPPORTUNITIES, ADDITIONAL TAX, INTEREST, OR PENALTIES, OR ANY OTHER LOSS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES — INCLUDING ANY LOSS OR LIABILITY ARISING FROM YOUR DECISION TO ACT (OR NOT ACT) ON ANY SUGGESTION, ESTIMATE, PROJECTION, OR INFORMATION GENERATED BY THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
11. Indemnification
You agree to defend, indemnify, and hold harmless TaxHarvest from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of (a) your use of the Services, (b) your breach of these Terms, or (c) your violation of any law or the rights of any third party.
12. Termination
We may suspend or terminate your access at any time if you violate these Terms, if required by law, or if continued provision of the Services is no longer commercially viable. You may terminate your account at any time by cancelling your subscription and closing your account. Sections intended to survive termination (including ownership, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.
13. Governing law and dispute resolution
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules. Any dispute arising out of or related to these Terms or the Services will be resolved exclusively by binding arbitration administered by a recognized arbitration provider under its applicable rules, on an individual basis. You and TaxHarvest waive any right to a jury trial or to participate in a class action. Nothing in this section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual-property rights.
14. Changes to these Terms
We may update these Terms from time to time. When we make material changes, we will notify you by email or through the Services and update the “Last updated” date above. Continued use of the Services after the changes take effect constitutes acceptance of the revised Terms.
15. Miscellaneous
- Entire agreement. These Terms, together with our Privacy Policy, are the entire agreement between you and TaxHarvest regarding the Services.
- Severability. If any provision is held unenforceable, the remaining provisions will remain in full force and effect.
- No waiver. Our failure to enforce any provision is not a waiver of that provision.
- Assignment. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
16. Risk disclosure
Investing involves risk, including the possible loss of principal. Tax-loss harvesting and tax-aware trading carry specific risks that you should understand before using the Services:
- Market risk. Selling a security to realize a loss requires you to be out of (or repositioned in) that security. Prices may move adversely between the time a suggestion is generated and the time a trade is executed.
- Wash-sale risk. The wash-sale rule is fact-specific and applies across all of your accounts (including spouse and IRA accounts) — TaxHarvest can only see the accounts you connect. Replacement-security suggestions are general ideas; whether two securities are “substantially identical” is ultimately a determination you and your tax professional must make.
- Tax-law risk. Federal, state, and local tax laws change. Bracket rates, allowable loss limits, and the treatment of specific transactions can shift between when a suggestion is made and when you file.
- Estimate risk. Cost basis, holding-period, and projected-tax-bill calculations depend on data supplied by your brokerage. That data may be delayed, restated (e.g. corporate actions), or differ from the broker’s official 1099. The IRS-reported figures on your 1099 control your filing, not ours.
- Execution risk. When you authorize automated trade placement, suggestions are sent to your brokerage for execution. Brokerage delays, outages, partial fills, price slippage, and order rejections are possible and outside our control.
- Software risk. The Services are software and may contain bugs, calculation errors, or integration failures. You should independently review every suggestion before acting on it.
- No guarantee. No tax-loss harvesting strategy guarantees a tax benefit, and harvested losses may have unintended consequences (such as resetting holding periods or affecting future cost-basis methods).
17. Contact
Questions about these Terms? Email legal@taxharvest.ai.