Terms of Service
Last Updated: January 2025
Welcome to Nonresident Tax. These Terms of Service ('Terms') establish the foundation of our partnership with you. We've written them in plain language because we believe in transparency and want you to understand exactly what you're agreeing to. Please read them carefully — they're legally binding once you use our services.
Effective: January 1, 2025
Definitions & Key Terms
To ensure clarity throughout these Terms, here are the key definitions:
- • "Company," "we," "us," or "our" refers to Nonresident Tax LLC, a Wyoming limited liability company
- • "Services" means all products and services offered by Nonresident Tax, including company formation, tax filing, accounting, and our AI Assistant
- • "User," "you," or "your" refers to the individual or entity accessing our Services
- • "Platform" means our website, applications, and all related tools and systems
- • "Client" means a User who has purchased or subscribed to any paid Services
- • "Content" means any information, data, text, or materials you provide or we create in connection with Services
Acceptance of Terms
Your agreement to these Terms is essential for us to provide Services:
How You Accept These Terms
- • By accessing or using any part of our Services
- • By creating an account on our Platform
- • By purchasing or subscribing to any Services
- • By continuing to use Services after Terms updates
Legal Capacity
You represent and warrant that you have the legal capacity to enter into these Terms. If you're accepting on behalf of an organization, you confirm you have authority to bind that organization.
Eligibility Requirements
To use our Services, you must meet these requirements:
Age Requirement
You must be at least 18 years old or the age of majority in your jurisdiction. We don't provide Services to minors.
Geographic Eligibility
You must not be a resident or citizen of countries under U.S. sanctions, including but not limited to Cuba, Iran, North Korea, Russia (for certain services), and Syria. We reserve the right to restrict Services based on your location.
Legal Compliance
You must not be prohibited from receiving Services under U.S. laws or any applicable jurisdiction. You're responsible for compliance with your local laws.
Our Services
We provide comprehensive business services for non-resident entrepreneurs:
Company Formation Services
Description: LLC and C-Corporation formation in Wyoming and Delaware
Includes: State filing, EIN application, registered agent service, operating agreements or bylaws, and initial compliance setup
Typical formation takes 5-7 business days, but timelines aren't guaranteed and depend on state processing
Federal Tax Services
Description: Preparation and filing of required U.S. federal tax returns
Includes: Form 5472 (foreign ownership reporting), Form 1120 (C-Corp returns), Form 1065 (partnership returns), and related schedules
We prepare returns based on information you provide. You remain responsible for accuracy and completeness
Accounting & Bookkeeping
Description: Cloud-based bookkeeping using Xero platform
Includes: Transaction categorization, monthly statements, tax-ready books, and multi-currency support
You must provide access to bank accounts and transaction data for accurate bookkeeping
AI Tax Assistant
Description: AI-powered tax guidance and support
Includes: Answers to tax questions, deadline reminders, and compliance guidance
AI responses are informational only and don't constitute professional tax advice
Registered Agent Services
Description: Official business address and document reception
Includes: Legal document receipt, state compliance notices, and mail forwarding
⚠️ You must respond promptly to forwarded legal documents to avoid default judgments
Important Disclaimers
Understanding what we are NOT is as important as understanding what we are:
We Are Not a Law Firm
Nonresident Tax is not a law firm, and we don't provide legal advice. Our Services are administrative and informational. For legal advice, consult a licensed attorney.
Not a CPA Firm
While we prepare tax returns, we're not certified public accountants. Our tax services are based on software and trained professionals, but complex tax situations may require CPA consultation.
No Success Guarantees
We don't guarantee any specific business outcomes, tax savings, or government approvals. Success depends on many factors outside our control.
Third-Party Dependencies
Many Services depend on third parties (states, IRS, banks). We're not responsible for their actions, delays, or decisions.
Your Obligations
For our partnership to work, you agree to:
Provide Accurate Information
- • All information you provide must be true, accurate, current, and complete
- • You must promptly update any information that changes
- • Providing false information may result in service termination and legal liability
Respond Timely
- • Respond to our requests within specified timeframes
- • Meet tax and compliance deadlines (we'll remind you, but they're your responsibility)
- • Provide requested documents promptly to avoid delays
Maintain Legal Compliance
- • Comply with all applicable laws in your jurisdiction
- • Pay all required taxes (we file returns, but payment is your responsibility)
- • Operate your business legally and ethically
Secure Your Account
- • Keep login credentials confidential
- • Immediately notify us of any unauthorized access
- • You're responsible for all activity under your account
Prohibited Uses
You may not use our Services for:
- ❌ Any illegal purpose or to facilitate illegal activities
- ❌ Fraudulent, deceptive, or misleading purposes
- ❌ Activities that could harm our reputation or other users
- ❌ Businesses in prohibited industries (gambling, adult content, weapons, etc.)
- ❌ Attempting to circumvent security measures or access restrictions
- ❌ Using automated systems to access Services without permission
- ❌ Building a competitive service using our Platform or Content
Payment Terms
Clear payment terms ensure smooth service delivery:
Fees and Pricing
- • Fees are displayed at time of purchase and in your service agreement
- • All prices are in U.S. dollars unless otherwise specified
- • You're responsible for any applicable sales tax or VAT
- • We may adjust prices with 30 days notice for subscription services
Billing Practices
- • You authorize us to charge your payment method for all fees
- • Subscription services auto-renew unless cancelled
- • Failed payments may result in service suspension after notice
- • We may retry failed payments periodically
Refund Policy
- ✓ Company formation: Full refund if not yet filed with state (minus any third-party fees)
- ✗ Tax filing: No refunds once preparation begins
- ◐ Subscriptions: Prorated refund for unused months (30-day minimum)
- ✗ Government fees are never refundable once paid
- ? We may offer discretionary refunds for service issues
Payment Disputes
- • Contact us first before initiating chargebacks
- • Illegitimate chargebacks may result in service termination
- • We may pursue collection for unpaid fees plus costs
Intellectual Property Rights
Respecting intellectual property protects both of us:
Our Intellectual Property
- • We own all rights to our Platform, Services, and original Content
- • You receive a limited, non-exclusive license to use our Services
- • You may not copy, modify, or create derivative works without permission
Your Content
- • You retain ownership of Content you provide
- • You grant us a license to use your Content to provide Services
- • This license continues as needed for legal and operational requirements
Work Product
- • Documents we create for you (tax returns, formation docs) belong to you
- • Our templates and methodologies remain our property
- • We may use anonymized insights to improve our Services
Feedback and Suggestions
- • Any feedback you provide becomes our property
- • We can use feedback without compensation or attribution
Confidentiality
We both agree to protect confidential information:
We Will
- ✓ Protect your confidential business and tax information
- ✓ Limit access to employees who need it for Services
- ✓ Not disclose except as required by law or with your consent
You Will
- ✓ Keep our proprietary methods and non-public information confidential
- ✓ Not share account access with unauthorized parties
- ✓ Respect the confidentiality of any client information you may encounter
Exceptions
- • Information that becomes publicly available (not through breach)
- • Information already known without confidentiality obligations
- • Disclosures required by law (with notice when permitted)
Data and Privacy
Your privacy is important to us. Our Privacy Policy, incorporated by reference into these Terms, explains how we collect, use, and protect your information. Key points include:
- 🔒 We collect only information necessary to provide Services
- 📊 We use information solely for service delivery and improvement
- 🚫 We don't sell your data and share only as necessary for Services
- 🛡️ We implement industry-standard security measures
- ✅ You have rights to access, correct, and delete your information
Warranties and Disclaimers
Understanding our service limitations is important:
Services Provided 'As Is'
Services are provided 'as is' and 'as available' without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
No Guarantee of Results
- ✗ We don't guarantee uninterrupted or error-free service
- ✗ We don't guarantee specific business or tax outcomes
- ✗ We don't guarantee government or third-party approvals
- ✗ We don't guarantee specific completion timeframes
Your Business Decisions
You're solely responsible for business decisions based on our Services. We provide tools and support, but ultimate responsibility for your business and tax compliance remains with you.
Limitation of Liability
These limitations are a fundamental part of our agreement:
Excluded Damages
To the maximum extent permitted by law, we won't be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data loss, business interruption, or loss of goodwill.
Liability Cap
Our total liability for any claim won't exceed the greater of $500 or the amount you paid us in the 12 months before the claim arose.
Exceptions
These limitations don't apply to damages from our gross negligence, willful misconduct, or where prohibited by law.
Essential Terms
These limitations are essential to providing Services at current prices. If you don't agree with them, please don't use our Services.
Indemnification
You Agree to Indemnify Us
You'll defend, indemnify, and hold us harmless from claims arising from:
- • Your violation of these Terms or applicable laws
- • Your misuse of Services or Platform
- • Content you provide or business you conduct
- • Your tax obligations or business operations
- • Disputes between you and third parties
- • Inaccurate information you provide
Indemnification Process
- 1. We'll promptly notify you of any claim
- 2. You'll cooperate in defense and not settle without our consent
- 3. We may assume defense at our expense if we choose
Term and Termination
Term
These Terms begin when you first access Services and continue until terminated.
Your Right to Terminate
- • You may cancel Services at any time through your account or by contacting us
- • Termination doesn't relieve payment obligations for Services received
- • We'll provide your data for 30 days after termination (except where legally required to delete)
Our Right to Terminate
We may suspend or terminate Services if:
- • You breach these Terms
- • We suspect illegal or fraudulent activity
- • Payment is overdue after notice
- • Continued service poses legal or reputational risk
- • Required by law or government request
Surviving Terms
Provisions regarding payment, intellectual property, confidentiality, liability, indemnification, and dispute resolution survive termination.
Dispute Resolution
We prefer to resolve disputes amicably, but need a formal process if that fails:
Informal Resolution
First, contact us at legal@nonresident.tax to resolve disputes informally. Most issues can be resolved this way.
Binding Arbitration
If informal resolution fails, disputes will be resolved through binding arbitration under AAA Commercial Arbitration Rules.
- • Arbitration will occur in Delaware or via video conference
- • Each party bears their own costs unless the arbitrator awards otherwise
- • Arbitration must be individual (no class actions)
Class Action Waiver
You waive any right to bring claims as a plaintiff or class member in any purported class action or representative proceeding.
Arbitration Exceptions
Either party may seek injunctive relief in court for intellectual property violations or breach of confidentiality.
Governing Law
These Terms are governed by Delaware law, without regard to conflict of law principles.
AI Assistant Terms
Special terms apply to our AI Tax Assistant:
Nature of AI Service
The AI Assistant provides general tax information based on patterns in data. It's not a replacement for professional advice.
AI Limitations
- ⚠️ AI responses may not be 100% accurate or complete
- ⚠️ Information may not reflect the latest tax law changes
- ⚠️ Responses are general and may not apply to your specific situation
- ⚠️ Don't rely solely on AI for critical tax decisions
Acceptable Use
Use AI Assistant only for general tax guidance. Always verify important information and consult professionals for complex matters.
Service Improvement
We may use your interactions (anonymized) to improve AI accuracy. You can opt out while maintaining access to the service.
Communications
Communication Consent
By providing contact information, you consent to receive:
- ✓ Service-related emails and messages (required)
- ✉️ Marketing communications (optional, can unsubscribe)
- 📱 SMS messages for urgent matters (with opt-in)
- 🤖 Some messages may be automated or pre-recorded
Electronic Delivery
You agree to electronic delivery of documents and notices. Ensure your contact information stays current.
General Provisions
Entire Agreement
These Terms, plus any service agreements and our Privacy Policy, constitute the entire agreement between us.
Severability
If any provision is invalid, the rest remains enforceable. Invalid provisions will be modified to achieve their intent.
No Waiver
Our failure to enforce any right doesn't waive that right. Waivers must be in writing.
Assignment
You can't assign these Terms without our consent. We may assign them in connection with a merger or sale.
Force Majeure
Neither party is liable for delays due to circumstances beyond reasonable control (natural disasters, war, pandemic, etc.).
Relationship
We're independent contractors, not partners, joint venturers, or employer/employee.
International Users
Our Services are designed for non-U.S. residents forming U.S. businesses. By using our Services from outside the U.S., you acknowledge that your information will be processed in the U.S. and you're responsible for compliance with your local laws.
Contact Us
We're here to help and answer questions about these Terms:
legal@nonresident.tax
Phone
+1 (302) 327-6907
Mailing Address
604 Carson Dr, Bear, DE 19701
We typically respond to legal inquiries within 2-3 business days.
Changes to These Terms
We may update these Terms to reflect service changes or legal requirements. We'll notify you of material changes via email at least 30 days before they take effect. Continued use after changes constitutes acceptance. If you disagree with changes, you may terminate Services.
Last Updated: January 2025 | Version 2.0
Your Acknowledgment
By using our Services, you acknowledge that you've read, understood, and agree to be bound by these Terms. If you're accepting for an organization, you confirm you have authority to bind that organization.
Ready to Start Your US Business?
Join 2,500+ international entrepreneurs who trust us for US company formation and compliance.