Terms of Service

Introduction

Welcome to TrueArc Tax & Financial. These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and TrueArc Tax & Financial ("TrueArc," "we," "us," or "our") governing your use of our professional tax, accounting, bookkeeping, and business formation services, as well as our website and online tools.

By engaging our services, scheduling a consultation, using our website at https://truearctax.com, or accessing any of our online tools or resources, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy.

1. Acceptance of Terms

You accept and agree to these Terms by:

• Signing an engagement letter or service agreement with TrueArc
• Scheduling or participating in a consultation with us
• Uploading documents through our secure portal
• Making payment for any of our services
• Using our website, tools, calculators, or other online resources
• Otherwise engaging with TrueArc for professional services

If you do not agree to these Terms, you must not use our services or website. Your continued use of our services following any modifications to these Terms constitutes acceptance of those changes.

2. Definitions

For purposes of these Terms:

• "Services" means all professional tax preparation, tax planning, accounting, bookkeeping, business formation, consulting, and related services provided by TrueArc.
• "Engagement Letter" means the specific agreement outlining the scope, fees, and terms for particular services you have retained us to perform.
• "Client Documents" means all financial records, tax documents, business information, and other materials you provide to us.
• "Deliverables" means tax returns, financial reports, business filings, and other work product we prepare for you.
• "Secure Portal" means our encrypted online platform for document uploads, communications, and deliverable access.
• "Online Tools" means our Deduction Discovery Tool, Entity Selection Wizard, and other calculators and resources available on our website.

3. Professional Services Overview

TrueArc provides comprehensive tax and accounting solutions, including but not limited to:

Tax Strategy & Preparation Services

• Federal and state income tax return preparation
• Tax planning and savings assessments
• IRS and state tax notice review and response
• Quarterly estimated payment calculations
• Extension filings and amended returns
• Multi-state tax compliance
• High-net-worth individual tax strategies

Accounting & Bookkeeping Services

• Monthly reconciliations and financial reporting
• Bill and vendor payment management
• Form 1099 preparation and filing
• Quarterly tax strategy meetings
• Payroll support and guidance
• Financial statement preparation

Business Setup & Entity Selection Services

• Entity selection consulting and analysis
• Business incorporation and formation filings
• Beneficial Ownership Information (BOI) report filings
• Registered agent services
• Business license application support
• S-Corporation elections and conversions
• Entity restructuring and optimization

The specific services we provide to you will be outlined in your Engagement Letter. These Terms apply to all services unless otherwise specified in writing.

4. Engagement and Scope of Services

Engagement Process

Our professional relationship begins when you accept our engagement terms, typically following a consultation and receipt of your signed Engagement Letter and initial payment. Each engagement will clearly define:

• The specific services to be performed
• The scope and limitations of our work
• Your flat-fee pricing with no hidden charges
• Estimated timelines for completion
• Your responsibilities in the engagement

Scope Limitations

Unless expressly stated in your Engagement Letter, our services do not include:

• Legal advice or representation (we recommend consulting qualified legal counsel for legal matters)
• Audit, review, or compilation services under professional auditing standards
• Financial planning, investment advice, or securities recommendations
• Representation in court proceedings or litigation support
• Services related to tax years, entities, or matters not specified in the engagement
• Forensic accounting or fraud investigation services

Multi-Engagement Relationships

If you engage us for multiple services (e.g., tax preparation and bookkeeping), each service may have separate terms, deadlines, and deliverables as outlined in the respective Engagement Letters or service agreements.

5. Client Responsibilities and Obligations

To enable us to provide high-quality services, you agree to:

Document Provision

• Provide complete, accurate, and timely information and documentation
• Disclose all relevant financial information, including income from all sources, deductions, investments, business activities, and multi-state operations
• Notify us of any material changes to your financial situation, business structure, or tax status
• Upload documents through our Secure Portal or provide via agreed-upon methods
• Inform us of any previously filed returns that may require amendment

Information Accuracy

You represent and warrant that all information and documents you provide are:

• True, accurate, and complete to the best of your knowledge
• Not misleading or fraudulent in any respect
• Compliant with all applicable laws and regulations

Timely Communication

• Respond promptly to our requests for information or clarification
• Review drafts and deliverables within reasonable timeframes
• Alert us immediately to any errors or concerns you identify
• Maintain updated contact information in our system

Compliance with Tax Laws

You remain ultimately responsible for:

• The accuracy and completeness of your tax returns
• Making timely estimated tax payments as recommended
• Filing required information returns and disclosures
• Complying with all federal, state, and local tax obligations
• Maintaining adequate records and documentation

6. Fees, Payment Terms, and Flat-Fee Guarantee

Flat-Fee Pricing Model

TrueArc operates on a transparent flat-fee pricing structure. After reviewing your documents and understanding the scope of work, we provide a fixed price quote that includes all services outlined in your Engagement Letter. Our flat fees cover:

• All work related to the agreed-upon services
• Communication and correspondence during the engagement
• IRS or state tax notice review and response related to our work
• Reasonable revisions and clarifications
• Proactive reminders and compliance notifications

Price Lock Guarantee

Once we quote your flat fee based on your initial document submission and engagement discussion, that price is locked. If the work proves more complex than initially anticipated based on the information you provided, we absorb the additional cost. There are no surprise charges, hourly rate escalations, or "out-of-scope" fees for work within the agreed engagement.

Additional Work Outside Original Scope

The only circumstances where additional fees may apply are when:

• You provide new documents, information, or entities that were not disclosed during our initial review and were not part of the original engagement scope
• Late-arriving K-1s, W-2s, or other tax documents materially change the scope of work
• You request services beyond the original engagement (e.g., adding bookkeeping services after engaging only for tax preparation)
• Material changes to your business structure or tax situation occur mid-engagement
• You require representation in an audit, examination, or collections matter not related to our work

In these cases, we will discuss any potential additional fees with you transparently and obtain your approval before proceeding with the expanded work.

Payment Terms

• Initial Payment: A deposit or full payment is typically required before we begin work, as specified in your Engagement Letter
• Payment Methods: We accept credit cards, ACH transfers, checks, and other payment methods as communicated
• Late Payments: Accounts with balances past due more than 30 days may be subject to a 1.5% monthly interest charge and may result in suspension of services
• Collection Costs: You agree to reimburse us for reasonable costs incurred in collecting past-due amounts, including collection agency fees and attorney fees

Refund Policy

If you terminate the engagement before we complete the agreed services, you may be entitled to a prorated refund for work not yet performed, minus any costs already incurred. Refund requests must be submitted in writing and will be evaluated on a case-by-case basis.

7. 48-Hour Response Time Guarantee

Our Commitment

We guarantee that every client inquiry submitted via email, phone, or our Secure Portal will receive an expert response within 48 business hours (excluding weekends and federal holidays). This guarantee applies to:

• Questions about your tax return or financial statements
• Requests for clarification on our recommendations
• Status updates on work in progress
• General tax or accounting questions related to your engagement

Service Credit

If we fail to respond to your inquiry within 48 business hours, we will automatically apply a 50% credit toward your next service fee as outlined in our service guarantee. To qualify:

• The inquiry must be submitted through our official communication channels (email to contact@truearctax.com, phone at (747) 224-7392, or our Secure Portal)
• The inquiry must be related to an active engagement or service we are currently providing
• You must notify us of the missed response within 10 business days

Exclusions

The 48-hour guarantee does not apply to:

• Initial consultation requests (we aim to respond within 24 hours but cannot guarantee during peak seasons)
• Inquiries submitted during IRS/state filing deadline weeks (typically mid-March through April 18) when response times may extend to 72 hours
• Complex research questions requiring extensive analysis (we will acknowledge receipt within 48 hours and provide an estimated completion timeline)
• Requests outside the scope of your current engagement

8. Free Consultation Terms

Complimentary Initial Consultation

We offer a free 15-minute strategy consultation to prospective clients. During this consultation, we will:

• Discuss your tax and accounting needs
• Identify potential opportunities for savings or optimization
• Explain our services and approach
• Provide preliminary insights based on the information you share
• Determine if TrueArc is the right fit for your situation

No Attorney-Client or Professional Relationship

The free consultation does not create a formal professional relationship, and no advice provided during the consultation should be relied upon for tax filing, business decisions, or compliance purposes without a formal engagement. The consultation is for informational and evaluative purposes only.

No Obligation

There is no obligation to engage our services following the consultation. If you choose to proceed, we will provide a formal Engagement Letter outlining the scope and fees for your specific services.

9. Online Tools and Calculators

Educational Purpose

Our website provides free online tools, including the Deduction Discovery Tool and Entity Selection Wizard. These tools are designed for:

• Educational and informational purposes
• Preliminary assessment of potential tax strategies
• Helping you understand deductions and entity structures
• Facilitating informed conversations during consultations

Not Professional Advice

Results from these tools do not constitute professional tax advice, legal counsel, or a recommendation to take specific action. The tools provide generalized information based on inputs you provide and cannot account for your unique circumstances, state-specific rules, or complex tax situations.

No Reliance Without Engagement

You should not rely on tool outputs to make filing decisions, entity selections, or business structure changes without engaging our professional services for a comprehensive analysis. Tax laws are complex and highly fact-specific, requiring professional judgment that automated tools cannot replicate.

Accuracy and Updates

While we strive to keep our tools current with tax law changes, we make no warranties regarding the accuracy, completeness, or timeliness of tool results. Tax laws change frequently, and tools may not reflect the most recent legislative updates.

10. Electronic Communications and Secure Portal

Electronic Communication Methods

We communicate with clients via email, phone, video conferencing, and our encrypted Secure Portal. By engaging our services, you consent to electronic communications for:

• Sharing documents and financial information
• Delivering tax returns and reports
• Providing service updates and reminders
• Exchanging questions and answers
• Sending engagement letters and invoices

Secure Portal Usage

We provide clients with access to our encrypted Secure Portal for document uploads and secure communications. You agree to:

• Maintain the confidentiality of your login credentials
• Notify us immediately if you suspect unauthorized access to your account
• Use the portal in compliance with applicable laws and our security protocols
• Not share your portal access with unauthorized third parties

Email Security Limitations

While we use encrypted email when available, standard email is not fully secure. By consenting to email communication, you acknowledge the inherent security risks and agree that we are not liable for unauthorized interception or access to emails outside our control. We recommend using the Secure Portal for transmitting sensitive documents whenever possible.

Communication Retention

We may retain copies of electronic communications as part of our engagement files and records retention policies, as described in Section 17.

11. Confidentiality and Data Security

Our Confidentiality Commitment

We are committed to protecting the confidentiality of your financial and personal information. All information you provide is held in strict confidence and used solely for the purpose of providing professional services. We maintain comprehensive security measures, including:

• Encrypted data storage and transmission protocols
• Secure, password-protected systems
• Strict access controls limiting data to authorized personnel
• 100% U.S.-based operations with zero outsourcing to offshore providers
• Regular security audits and compliance monitoring

U.S.-Based Guarantee

Unlike many accounting firms, TrueArc maintains a strict no-outsourcing policy. All client data is processed, stored, and managed exclusively within the United States by our domestic team, providing enhanced security and compliance with U.S. data protection standards.

Professional Standards

Our confidentiality obligations are governed by professional standards and ethical guidelines, including those established by the California Tax Education Council (CTEC) and IRS Circular 230.

Disclosure Limitations

We do not disclose your confidential information to third parties except:

• With your explicit written consent
• To comply with legal or regulatory requirements (e.g., IRS summons, court orders)
• To professional advisors bound by confidentiality (e.g., our legal counsel, liability insurers)
• As necessary to defend ourselves in legal proceedings or complaints

Data Security Disclaimer

While we implement industry-leading security measures, no system is entirely immune to breaches. We cannot guarantee absolute security and are not liable for unauthorized access resulting from circumstances beyond our reasonable control, such as sophisticated cyber-attacks, client password mishandling, or third-party system vulnerabilities.

For complete details on how we collect, use, and protect your information, please review our Privacy Policy at truearctax.com/privacy-policy.

12. Professional Standards and Ethical Obligations

Regulatory Compliance

TrueArc and its professionals comply with all applicable federal and state regulations governing tax preparation and accounting services, including:

• IRS Circular 230 (governing practice before the IRS)
• California Tax Education Council (CTEC) registration and continuing education requirements
• Professional standards for tax return preparers
• Federal and state confidentiality and data protection laws

Independence and Objectivity

We maintain professional independence and provide objective advice based on tax law, regulations, and your specific circumstances. We do not receive commissions or kickbacks from recommending third-party services or products.

Tax Position Standards

We adhere to professional standards requiring that any tax position we advocate have a realistic possibility of success if challenged. We will not knowingly:

• Prepare or sign returns containing false or misleading information
• Take unsupportable tax positions
• Recommend tax strategies designed solely for evasion
• Assist in fraudulent or illegal activities

Duty to Tax Authorities

While we serve as your advocate, we also have duties to tax authorities. If we discover errors or omissions in previously filed returns we prepared, we will advise you to file amended returns. We cannot assist with knowingly filing false or fraudulent information.

13. Limitation of Liability

Liability Cap

To the maximum extent permitted by law, our total liability for any claims arising from or related to our services is limited to the fees you paid us for the specific service or engagement that gave rise to the claim, not to exceed $10,000 in aggregate.

Excluded Damages

We are not liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to:

• Lost profits or business opportunities
• Loss of data or business interruption
• Reputational harm
• Emotional distress or mental anguish
• Third-party claims or liabilities

Professional Judgment

Our services involve professional judgment in interpreting complex and sometimes ambiguous tax laws. We are not liable for:

• Unfavorable tax authority rulings on positions we took in good faith
• Changes in tax laws or regulations that affect previously filed returns
• Penalties or interest resulting from positions disclosed on your returns
• Errors attributable to incomplete, inaccurate, or untimely information you provided

Third-Party Errors

We are not responsible for errors, delays, or failures caused by third parties, including but not limited to:

• Software providers and tax preparation platforms
• IRS or state agency processing errors or delays
• Banking or payment processing issues
• Postal service or electronic filing system failures

Reasonable Care Standard

Our liability is limited to damages directly caused by our failure to exercise reasonable care in providing professional services. This limitation applies regardless of the legal theory of liability, whether in contract, tort, negligence, strict liability, or otherwise.

14. Indemnification

You agree to indemnify, defend, and hold harmless TrueArc, its owners, employees, contractors, and agents from any claims, losses, liabilities, damages, expenses, and costs (including reasonable attorney fees) arising from or related to:

• Your breach of these Terms or any Engagement Letter
• Your provision of false, inaccurate, incomplete, or misleading information
• Your failure to disclose material information relevant to our services
• Your use of our deliverables in a manner not authorized or recommended by us
• Your violation of any applicable laws, regulations, or third-party rights
• Claims by third parties based on actions you took contrary to our advice
• Tax liabilities, penalties, or interest resulting from your non-compliance or misrepresentation

This indemnification obligation survives the termination of our professional relationship.

15. Accuracy and Warranty Disclaimer

Standard of Care

We commit to providing services with the knowledge, skill, and care ordinarily exercised by tax and accounting professionals under similar circumstances. However, we do not guarantee:

• Specific tax outcomes or savings amounts
• That tax authorities will accept all positions taken on your returns
• That audits, examinations, or additional inquiries will not occur
• That your returns will never be amended or require correction

No Audit Protection Guarantee

Receiving professional services from TrueArc does not guarantee your returns will not be selected for audit or examination. The IRS and state tax authorities select returns for various reasons, many unrelated to accuracy. We do not provide audit protection insurance but will assist with responding to notices related to returns we prepared, as specified in your engagement.

Errors and Omissions

If we make an error in our work that results in additional tax liability, penalties, or interest that you otherwise would not have incurred, we will work with you to correct the error at no additional charge and may consider reimbursing reasonable costs directly caused by our error, subject to the limitations in Section 13.

Website and Tool Disclaimers

Our website content, blog posts, tax insights, and online tools are provided "as-is" without warranties of any kind, either express or implied. We disclaim all warranties, including merchantability, fitness for a particular purpose, and non-infringement. Website content is subject to change without notice and may not reflect the most current legal developments.

16. Termination of Services

Termination by Client

You may terminate our services at any time by providing written notice. Upon termination:

• You remain responsible for fees for services performed up to the termination date
• We will provide you with copies of work completed to date
• You may be entitled to a prorated refund for prepaid services not yet rendered, minus incurred costs
• We will return original documents upon request, subject to our records retention requirements

Termination by TrueArc

We reserve the right to terminate the professional relationship if:

• You fail to provide requested information or documentation after reasonable requests
• You fail to pay fees when due after reasonable notice
• A conflict of interest arises that cannot be resolved
• We determine, in our professional judgment, that continuing the relationship would violate professional standards or legal obligations
• You engage in abusive, threatening, or unlawful conduct toward our team
• Circumstances make it unreasonably difficult to provide competent services

Effect of Termination

Termination does not relieve you of obligations to:

• Pay for services rendered prior to termination
• Maintain confidentiality of proprietary information shared during the engagement
• Comply with tax filing and payment deadlines

Withdrawal from Representation

If we are representing you before the IRS or tax authorities and the relationship terminates, we will withdraw our representation in accordance with professional standards, providing you with reasonable notice and time to secure alternative representation.

17. Records Retention and Document Return

Our Retention Policy

We retain copies of your tax returns, work papers, and engagement files for a minimum of seven years from the engagement completion date, in accordance with professional standards and regulatory requirements. This retention protects both you and us in the event of future inquiries or disputes.

Your Original Documents

We do not retain your original source documents (receipts, bank statements, invoices, etc.) except as necessary during active engagements. You are responsible for maintaining your original records in accordance with IRS and state requirements, typically for at least three to seven years depending on the type of document.

Document Return

Upon request and after completion or termination of the engagement, we will return or destroy your original documents as you direct. Electronic copies uploaded to the Secure Portal may remain accessible to you or may be archived depending on your account status.

Work Papers and Proprietary Information

Our work papers, internal analyses, research memoranda, and other materials reflecting our professional judgment are our property and are not provided to clients except as required by professional standards or legal process.

18. Dispute Resolution and Arbitration

Informal Resolution

In the event of any dispute, controversy, or claim arising from or relating to these Terms or our services, the parties agree to first attempt to resolve the matter through good-faith negotiation. You agree to notify us in writing of any concerns, and we will designate a senior team member to work with you toward resolution.

Binding Arbitration

If informal resolution is unsuccessful within 30 days, any dispute shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in Los Angeles County, California, by a single arbitrator with expertise in tax and accounting disputes.

Arbitration Procedures

• The arbitrator's decision will be final and binding on both parties
• The arbitrator may award any relief that would be available in court, subject to the limitations in these Terms
• Each party will bear its own costs and attorney fees unless the arbitrator determines otherwise
• The arbitration proceedings and award shall be confidential

Class Action Waiver

You agree that disputes will be resolved on an individual basis only. You waive any right to bring claims as a class action, collective action, or representative action. The arbitrator may not consolidate more than one party's claims.

Small Claims Court Exception

Either party may bring an individual action in small claims court as an alternative to arbitration if the claim qualifies.

Equitable Relief

Notwithstanding the arbitration requirement, either party may seek injunctive or other equitable relief in court to prevent irreparable harm, such as unauthorized disclosure of confidential information.

19. Intellectual Property

Our Proprietary Rights

All content on our website, including text, graphics, logos, tools, calculators, methodologies, tax strategies, and software, is the property of TrueArc or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not:

• Reproduce, modify, or distribute our website content without permission
• Use our proprietary tools, methodologies, or strategies for commercial purposes
• Reverse engineer or copy our calculators or software
• Remove copyright, trademark, or proprietary notices from any materials

Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our website and tools solely for your personal evaluation of our services. This license terminates automatically if you violate these Terms.

Your Content

You retain ownership of all documents and information you provide to us. By providing materials, you grant us a limited license to use, copy, and analyze the information solely for the purpose of providing professional services to you.

Feedback

If you provide suggestions, ideas, or feedback about our services or website, we may use that feedback without any obligation to compensate you or maintain confidentiality.

20. Third-Party Services and Links

Third-Party Tools and Services

We may use third-party software, platforms, or service providers (such as tax preparation software, cloud storage, or payment processors) to deliver our services. While we select reputable providers, we are not responsible for their performance, security breaches, or service interruptions beyond our reasonable control.

External Links

Our website may contain links to third-party websites or resources. These links are provided for convenience only. We do not endorse, control, or assume responsibility for the content, privacy policies, or practices of third-party sites. You access external links at your own risk.

No Agency Relationship

Nothing in these Terms creates an agency, partnership, or joint venture relationship between you and any third-party service providers we use.

21. Modifications to Terms

We reserve the right to modify these Terms at any time to reflect changes in our practices, legal requirements, or business operations. We will provide notice of material changes by:

• Posting the updated Terms on our website with a revised "Last Updated" date
• Sending email notification to active clients
• Providing notice through our Secure Portal

Modifications become effective 30 days after posting unless otherwise specified. Your continued use of our services after the effective date constitutes acceptance of the modified Terms. If you do not agree to the modifications, you may terminate the engagement as described in Section 16.

22. Governing Law and Jurisdiction

These Terms and any disputes arising from or related to our services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Subject to the arbitration provisions in Section 18, any legal proceedings shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and you consent to personal jurisdiction in those courts.

23. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. The invalid provision will be replaced with a valid provision that most closely approximates the original intent.

24. Entire Agreement

These Terms, together with any Engagement Letter, Privacy Policy, and other written agreements between you and TrueArc, constitute the entire agreement regarding our services and supersede all prior discussions, negotiations, or agreements. No oral statements, representations, or modifications will be binding unless confirmed in a written amendment signed by both parties.

25. Contact Information

If you have questions about these Terms, wish to report a concern, or need to provide formal notices, please contact us at:

All formal notices required under these Terms must be delivered in writing via email or certified mail to the address above. Notices are effective upon receipt.