Terms of Service

1. Acceptance of Terms

By accessing or using the Site, requesting information, scheduling a consultation, or engaging YXAG to provide professional services, you ("you" or "Client") confirm that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are accessing the Site or engaging services on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

These Terms, together with our Privacy Policy and any signed engagement letter, constitute the entire agreement between you and YXAG regarding the use of the Site and the provision of professional services.

2. Services Provided

YXAG provides professional tax and advisory services, including but not limited to:

• Individual tax preparation (federal, state, and local)
• Business tax preparation (LLC, S-Corp, C-Corp, Partnership, Sole Proprietorship)
• Expatriate tax services (FBAR, FATCA Form 8938 etc.)
• Bookkeeping and financial recordkeeping
• Payroll processing and compliance
• Business incorporation and entity formation
• Strategic tax planning and advisory
• IRS & State resolution services

The specific services to be provided to you will be described in a separate engagement letter signed by both parties. These Terms apply in addition to any engagement letter; in case of conflict, the engagement letter controls for service-specific matters.

3. Engagement and Scope

3.1 Engagement Letter

No professional services are provided until an engagement letter has been signed by both YXAG and the Client. The engagement letter will describe the specific services, deliverables, fees, deadlines, and any limitations on the engagement. Casual conversations, emails, or website inquiries do not constitute an engagement.

3.2 Scope Limitations

Our services are limited to the matters explicitly described in the engagement letter. We do not provide:

• Legal advice (we are not attorneys; we may recommend you consult one)
• Investment advice or securities recommendations (we are not registered investment advisors)
• Audit, review, or attestation services unless explicitly engaged for such purposes
• Services outside our professional licensure or competence

3.3 Reliance on Information You Provide

Our work product (tax returns, financial statements, etc.) is based on the information you provide. We may, but are not required to, verify the accuracy or completeness of that information. You are responsible for the accuracy and completeness of all information you provide. We may rely on representations you make in good faith.

3.4 Tax Positions and Professional Judgment

Tax preparation involves the application of professional judgment to the facts of your situation. Where the law is unclear or there are multiple defensible positions, we may need to make choices that you should review and approve. We will discuss material judgment calls with you. You retain ultimate responsibility for the positions taken on your returns.

4. Client Obligations

To enable us to provide quality service, you agree to:

• Provide complete, accurate, and timely information as requested
• Respond to our communications and document requests in a reasonable timeframe
• Review all returns, financial statements, and other deliverables for accuracy before filing or use
• Sign all required authorizations (Form 8821, Form 2848, Section 7216 consents, e-file authorization Forms 8879)
• Pay invoices when due
• Notify us promptly of any IRS or state tax notices, audits, or changes in your financial situation
• Maintain your own copies of source documents (we are not your sole recordkeeper)
• Use the secure client portal (not unencrypted email) for sensitive documents

If you fail to meet these obligations, we reserve the right to delay, modify, or terminate the engagement, and you may be responsible for any resulting penalties, interest, or filing delays.

5. Fees and Payment

5.1 Fees

Fees for services are set forth in the engagement letter. Fees may be quoted as flat rates, hourly rates, or value-based pricing depending on the engagement. Out-of-pocket expenses (filing fees, postage, third-party fees) are billed in addition to professional fees.

5.2 Payment Terms

Invoices are due upon receipt unless otherwise stated. We accept payment by credit card, ACH, check, or other methods specified in the engagement letter. Late payments may accrue interest at 1.5% per month or the maximum permitted by law, whichever is less.

5.3 Retainers and Deposits

For certain engagements, we may require a retainer or deposit before commencing work. Retainers are credited against final invoices. Unused retainer amounts will be refunded at the conclusion of the engagement, less any outstanding fees or expenses.

5.4 Refunds and Cancellations

Fees paid for work performed are non-refundable. If you cancel an engagement before work is performed, any unearned fees will be refunded. If we cancel an engagement (for example, due to a conflict of interest discovered during the engagement), we will refund unearned fees and assist in transferring your file to another preparer.

5.5 Tax Refunds

Your tax refund, if any, will be paid directly by the IRS or state taxing authority to your bank account or by paper check — never to YXAG. We do not handle, hold, or process client tax refunds.

6. Use of the Website

6.1 Permitted Use

You may use the Site for personal, non-commercial purposes consistent with these Terms. You may not:

• Use the Site for any illegal purpose or in violation of any laws
• Attempt to gain unauthorized access to the Site, our systems, or accounts
• Use automated tools (scrapers, bots, crawlers) to collect data from the Site without our written permission
• Reverse engineer, decompile, or attempt to extract source code from the Site
• Interfere with the Site's operation or security
• Impersonate YXAG or any other person or entity
• Transmit viruses, malware, or other harmful code
• Use the Site to harass, threaten, or harm others

6.2 Information Accuracy

The Site provides general information about tax and advisory services. Content on the Site (including blog posts, tax tips, articles, and FAQs) is for informational purposes only and does not constitute professional advice. You should not rely on Site content as a substitute for engagement with a qualified tax professional. Tax law changes frequently; information that is accurate when published may not remain accurate.

6.3 Communications

By providing your contact information through the Site (including through forms, the booking system, and email), you consent to receive communications from us related to your inquiry. We will not send unsolicited marketing communications. You may opt out of any non-essential communications at any time.

7. Intellectual Property

7.1 Our Content

All content on the Site, including text, graphics, logos, images, software, audio, video, and the YXAG name and brand, is the property of YXAG or our licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or publicly perform any Site content without our prior written consent.

7.2 Limited License

YXAG grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for the purposes described in these Terms. This license does not include the right to copy, modify, or distribute any content.

7.3 Your Content

Tax documents, financial records, and other materials you provide to us remain your property. By providing them to us, you grant YXAG a limited license to use them solely to perform the engaged services. We will return or securely destroy your materials in accordance with our Privacy Policy and applicable record retention requirements.

7.4 Work Product

Work product we create for you (returns, financial statements, advisory memos) is provided for your exclusive use for the purposes of the engagement. You may share work product with your other professional advisors (attorneys, financial planners) as needed. You may not republish or commercially distribute our work product without our written consent.

8. Third-Party Services and Links

The Site may contain links to third-party websites or services (such as our client portal, Calendly, payment processors, or external resources like the IRS website). These links are provided for convenience only. YXAG does not control, endorse, or assume responsibility for the content, privacy practices, or terms of third-party sites.

If you choose to engage third-party services through links on our Site, you do so at your own risk and subject to those third parties' terms and policies.

9. Disclaimers

9.1 No Warranties on Site Content

THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. YXAG DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

9.2 Not Legal or Investment Advice

Content on the Site is not legal, investment, or financial planning advice. Tax laws vary by jurisdiction and change frequently. You should consult qualified professionals for advice specific to your situation.

9.3 Professional Standards Apply to Engaged Services

This disclaimer does not waive YXAG's professional obligations to engaged Clients under applicable tax preparer standards (IRS Circular 230), state CPA licensing rules, AICPA standards, or other professional codes that apply to our engaged work.

9.4 No Guarantee of Tax Outcomes

We do not guarantee any particular tax outcome, refund amount, audit result, or savings. Tax positions are subject to interpretation by the IRS and courts, which may take positions contrary to ours. We will exercise professional judgment and represent your interests, but final outcomes depend on factors outside our control.

10. Limitation of Liability

10.1 Limitation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YXAG'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS, THE SITE, OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT OF FEES YOU PAID TO YXAG IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10.2 Exclusions

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YXAG SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.3 Limits to These Limitations

The limitations in this Section 10 do not apply to:

• Liability that cannot be limited under applicable law (such as gross negligence or willful misconduct in some jurisdictions)
• YXAG's professional liability for engaged services, which is governed by applicable professional standards and our professional liability insurance
• Indemnification obligations under Section 11

10.4 Penalties and Interest

If we make an error that results in IRS penalties or interest, we will work with you to seek abatement and may, in appropriate cases, pay penalties and interest attributable to our error. We are not responsible for taxes you would have owed regardless of our error, or for penalties resulting from your failure to provide accurate or timely information.

11. Indemnification

You agree to indemnify, defend, and hold harmless YXAG and its officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your breach of these Terms or any applicable law
• Inaccurate, incomplete, or fraudulent information you provided to us
• Your use of the Site in violation of these Terms
• Tax positions you instructed us to take against our advice
• Third-party claims based on your acts or omissions

This indemnification obligation survives termination of these Terms and any engagement.

12. Termination

12.1 Termination by Either Party

Either party may terminate an engagement at any time by providing written notice to the other party. Termination of an engagement does not affect either party's obligations for work performed before termination, including the obligation to pay fees for completed work.

12.2 Effect of Termination

Upon termination:

• YXAG will provide you with copies of your records and work product completed to date, in accordance with applicable retention requirements
• You will pay all outstanding fees for work performed
• Each party will fulfill any remaining obligations that survive termination (confidentiality, indemnification, payment)
• Your right to use the Site for the terminated engagement ends, though you may continue to use the Site as a general visitor

12.3 Survival

Sections 7 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 13 (Governing Law), and any other provisions that by their nature should survive termination, will survive.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. Federal law (including IRS Circular 230 and the Internal Revenue Code) applies to matters of tax administration.

13.2 Informal Resolution

If a dispute arises, we encourage you to first contact us at support@yxadvisorygroup.com to attempt to resolve the matter informally. We will work in good faith to address your concerns.

13.3 Venue

If informal resolution is unsuccessful, any legal action arising from or related to these Terms shall be brought exclusively in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction of those courts.

13.4 Time Limit on Claims

To the maximum extent permitted by law, any claim you may have against YXAG arising from or related to these Terms or our services must be brought within one (1) year after the cause of action arose, or it will be permanently barred.

13.5 Jury Trial Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AND YXAG WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES.

14. Changes to These Terms

We may update these Terms from time to time. The "Last Updated" date at the top will reflect the most recent revision. For material changes, we will notify active Clients by email at least 30 days before the changes take effect. Your continued use of the Site or our services after a Terms update constitutes acceptance of the revised Terms.

If you do not agree to the revised Terms, you may terminate your engagement and stop using the Site.

15. Contact Us

For questions about these Terms, please contact us: