Terms of Service

These Terms of Service ("Agreement") constitute a legally binding contract between Form5472Filing.com ("Company," "we," "us," or "our") and any individual or entity ("User," "you," or "your") who accesses https://form5472filing.com (the "Site") or uses any document preparation services offered thereon (the "Services"). BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT IN ITS ENTIRETY.

1. Nature of Services

Form5472Filing.com provides a web-based document preparation service that assists Users in populating IRS Form 5472 and an accompanying pro-forma Form 1120, based exclusively on information provided by the User. The Services are limited to:

• Accepting User-provided information through a guided questionnaire;
• Mapping that information to the appropriate fields of IRS Form 5472 and the pro-forma Form 1120;
• Generating a pre-filled PDF document package for the User's review, signature, and submission; and
• Where subscribed to the Pro plan, transmitting completed forms to the IRS via fax following the User's explicit review and authorization.

The Company does not prepare tax returns, provide tax advice, represent Users before the IRS, or offer any professional service requiring licensure under federal or state law.

2. Eligibility

By using the Services, you represent and warrant that: (a) you are at least eighteen (18) years of age; (b) you have the legal capacity to enter into this Agreement; (c) you are using the Services for lawful purposes only; and (d) all information you provide is accurate, complete, and not misleading.

3. User Responsibilities and Accuracy of Information

YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, AND TRUTHFULNESS OF ALL INFORMATION YOU PROVIDE. The Company performs no independent verification of any information submitted. The accuracy of generated forms is entirely dependent on the accuracy of User-provided information.

You further acknowledge and agree that:

• You are responsible for reviewing all generated documents in their entirety before signing or submitting them to the IRS;
• You are responsible for determining whether Form 5472 is required for your specific situation;
• You are responsible for meeting all applicable IRS filing deadlines;
• You are responsible for any errors, omissions, or inaccuracies arising from information you provided; and
• You must sign all forms requiring a signature before submission. The Company does not sign forms on your behalf.

4. Plans, Fees, and Payment

4.1 Free Plan

The Free plan is provided at no charge and permits the User to generate a pre-filled Form 5472 and pro-forma Form 1120 PDF package. The User is solely responsible for printing, signing, and submitting the completed forms to the IRS.

4.2 Pro Plan

The Pro plan is offered at USD $9.99 per LLC per filing year (the "Pro Fee"), charged at the time the User elects to have the Company fax completed forms to the IRS. The Pro plan includes: fax transmission of completed forms to the IRS; secure storage of the User's information; and annual filing reminder notifications via email.

The Pro Fee is non-refundable once fax transmission has been initiated. All fees are processed through our third-party payment processor and are subject to that processor's terms.

4.3 Agency Plan

Agency plan pricing is established pursuant to a separate written agreement. The terms of any Agency agreement govern in the event of conflict with this Agreement.

5. Intellectual Property

All content, software, technology, design, and materials comprising the Site and Services, excluding User-provided content, are the exclusive property of the Company or its licensors. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your personal or internal business purposes. You may not copy, reproduce, distribute, or create derivative works of any portion of the Services without the Company's prior written consent.

6. Prohibited Conduct

You agree that you will not:

• Use the Services to generate forms containing knowingly false or fraudulent information;
• Submit information you are not legally authorized to use or disclose;
• Attempt to gain unauthorized access to any portion of the Site or Services;
• Use automated means to access or extract data from the Site; or
• Use the Services in any manner that violates applicable law or regulation.

7. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT GENERATED FORMS WILL BE ACCEPTED BY THE IRS OR WILL SATISFY YOUR SPECIFIC FILING REQUIREMENTS. THE COMPANY MAKES NO WARRANTY THAT USE OF THE SERVICES WILL RESULT IN COMPLIANCE WITH ANY TAX OBLIGATION OR THAT THE IRS WILL NOT IMPOSE PENALTIES.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING IRS PENALTIES OR ASSESSMENTS, LOST PROFITS, OR LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES.

THE COMPANY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) TEN US DOLLARS (USD $10.00).

9. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) your violation of this Agreement; (c) your violation of any applicable law; or (d) any information you provide to the Company.

10. Termination

The Company may suspend or terminate your access to the Services at any time, with or without cause, and without liability. Sections 5, 7, 8, 9, 11, and 13 survive any termination.

11. Governing Law and Dispute Resolution

This Agreement is governed by the laws of the State of Delaware, without regard to conflict of laws principles. Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration under the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property rights.

12. Modifications

The Company may modify this Agreement at any time. Material changes will be posted on the Site with an updated "Last Updated" date. Continued use of the Services constitutes acceptance of the revised Agreement.

13. Entire Agreement; Severability

This Agreement, together with our Privacy Policy and any applicable Agency agreement, constitutes the entire agreement between you and the Company with respect to the Services. If any provision is found invalid or unenforceable, the remaining provisions continue in full force and effect.

14. Contact