TaxFight Terms of Service — v1 (DRAFT)

STATUS: DRAFT v1 — counsel review required before launch. Author: pink-bot (compliance research lane) Effective date: 2026-06-15 Last updated: 2026-06-15

NOT LEGAL ADVICE

This document is a working draft prepared by the TaxFight compliance research lane. It is not legal advice and has not been reviewed or approved by a licensed Texas attorney. Counsel review is required before commercial launch (target: pre-March 2027 protest season). No statement in this document creates an attorney-client relationship.

1. Acceptance

These Terms of Service ("Terms") govern your use of the TaxFight service operated under the WindMayor umbrella at windmayor.com/taxfight/ and any subdomain or path operated by us. By accessing or using any TaxFight surface — the marketing site, the coverage map, the savings estimator, the waitlist form, the future intake flow, or any future paid service — you agree to these Terms and to our Privacy Policy at /legal/privacy/. If you do not agree, do not use the service.

If you are accepting on behalf of an entity (an LLC, trust, or other property-owning legal entity), you represent that you have authority to bind the entity, and "you" in these Terms refers to both you personally and the entity.

2. Scope of service

2.1 What we do

TaxFight is a Texas-only property-tax protest service operating as a Registered Property Tax Consultancy under Tex. Occ. Code Ch. 1152. Our services are limited to:

• Filing your annual Notice of Protest under Tex. Tax Code § 41.44 with the appropriate County Appraisal District (CAD).
• Designating ourselves as your agent of record on Comptroller Form 50-162 under Tex. Tax Code § 1.111.
• Pulling defensible comparable parcels from CAD bulk data and assembling an evidence packet.
• Negotiating with the CAD appraiser at the informal review.
• Attending the formal Appraisal Review Board (ARB) hearing under Tex. Tax Code Ch. 41 if the matter does not settle informally.
• Receiving the ARB order and computing your savings.
• Issuing an invoice for our contingency fee on actual savings achieved.

2.2 What we do NOT do

To be unambiguous about scope (which Tex. Occ. Code Ch. 1152 and the rules against the unauthorized practice of law require us to clarify):

• We do not provide legal advice. We are a Registered Property Tax Consultancy, not a law firm. (Tex. Occ. Code § 1152.001 et seq.; UPL: Tex. Gov't Code § 81.101.)
• We do not file district-court appeals under Tex. Tax Code § 42. Those require a licensed Texas attorney. We will refer you to qualified counsel; any engagement with counsel is between you and the attorney.
• We do not represent you in any forum outside Texas.
• We do not litigate, file lawsuits, draft contracts, give estate-planning advice, or advise on any matter outside an ARB-stage property-tax protest.
• We do not prepare your income-tax returns and we do not give tax advice beyond the four corners of the property-tax protest.
• We do not lobby on your behalf with the legislature or with county commissioners over tax-rate setting.

2.3 Geographic scope

Texas property only. We file in Texas CADs only. We do not handle out-of-state property-tax matters.

2.4 No guarantee of outcome

We will exercise reasonable professional skill and diligence. We do not guarantee a reduction. Whether your value goes down depends on facts (comps, condition, market) and on the CAD appraiser's or ARB's judgment. "No savings, no fee" means exactly what it says: if there is no reduction, you owe us nothing — but it does not mean we promised a reduction.

3. Eligibility

To use TaxFight you must:

• Be at least 18 years old. (Children's data: see Privacy Policy § 9.)
• Be the legal owner of the Texas property under protest, or be a fiduciary (executor, trustee, guardian) with written authority sufficient to designate an agent.
• Have a valid Texas mailing address for service of CAD notices.
• Provide accurate identity information sufficient to execute Form 50-162 under Tex. Tax Code § 1.111 — including legal name, mailing address, and an identifier (TX driver's license number or last 4 digits of SSN) as required by the Comptroller and the CAD for owner authentication.
• Not be currently represented for the same property and same tax year by another agent on file with the CAD (Tex. Tax Code § 1.111(j) — only one agent of record).

If any of these is not true, the engagement is voidable by us at any time and any fee we have collected for that property and year is refundable on demand.

4. Account and authentication

When the intake flow opens (target: March 2027) you will create an account by providing an email and authentication credential. You agree:

• The email and credential are yours; you will not share them.
• You will tell us within 48 hours of any suspected unauthorized access.
• You are responsible for actions taken under your account except after you have notified us of compromise.
• We may suspend or terminate accounts for the reasons in Section 14.

5. The engagement agreement

Use of the public surfaces (marketing site, coverage map, estimator, waitlist) does not by itself create an engagement. No attorney-client, fiduciary, or consultant-client relationship exists until you sign the engagement letter and the Form 50-162 agent designation.

The engagement letter (target version: engagement-v2, drafted by the cyan lane) will govern the terms of any paid representation. To the extent the engagement letter and these Terms conflict, the engagement letter controls for matters specific to the engaged representation; these Terms control for everything else (site use, waitlist, estimator).

6. Fees

6.1 Standard contingency: 25%

For mass-market residential property the fee is 25% of the year-one tax savings achieved by the protest. "Year-one tax savings" means the difference between (a) the tax that would have been owed at the originally-noticed appraised value and (b) the tax owed at the final ARB-ordered or settlement-agreed value, multiplied by the applicable tax rate for the tax year in question.

6.2 Luxury tier: 35% (over $2M assessed value)

For property with an originally-noticed appraised value above $2,000,000 the fee is 35% of the year-one tax savings. The threshold is per parcel, not per portfolio. (See cyan-20 pricing analysis for rationale.)

6.3 No fee on no-savings outcomes

If the protest closes with no reduction in the appraised value (i.e., the ARB or settlement leaves the value at or above the originally-noticed value), you owe us zero. We do not bill an hourly rate, a flat fee, or any minimum.

6.4 No fee on market-driven mass adjustments

If your value drops as part of a CAD-issued mass adjustment that affected the broader neighborhood independent of our protest (rare, but it happens), we do not bill on that portion. We will document the boundary in the closing statement.

6.5 When the fee is collected

The fee is collected by ACH debit from a bank account you authorize during intake, after the corrected tax bill has been issued by the taxing units and (where applicable) the refund check has been received. We will give you a written closing statement at least 10 calendar days before any ACH debit, itemizing the savings calculation and the fee amount.

6.6 What's NOT included in our fee

• CAD or county filing fees, if any (typically $0 for an ARB protest).
• The cost of any independent appraisal you choose to commission (we do not require one; CAD comp data is normally sufficient).
• The cost of an attorney if you elect to appeal to district court under Tex. Tax Code § 42 (different engagement, with counsel).

7. Cancellation rights

You may cancel the engagement under the following windows. The cancellation window depends on where we are in the protest cycle. (Matches engagement-v2 § 15.)

7.1 Window A — Pre-May-1

You may cancel for any reason or no reason at any time before May 1 of the protest year. No fee, no penalty. We will withdraw the agent designation with the CAD within 5 business days.

7.2 Window B — Pre-informal-review

You may cancel between May 1 and the start of your informal review with the CAD appraiser. We may invoice you a flat $75 administrative fee to cover filing and prep work already performed. No contingency fee accrues if no reduction is achieved before cancellation.

7.3 Window C — Post-ARB

After the ARB has issued its order you may not cancel that protest (it is closed). You may decline to engage us for the following year by giving notice any time before next March 1; no fee accrues for a year you are not engaged.

7.4 By us

We may withdraw at any time for good cause — including a conflict of interest, your material misrepresentation, your failure to provide information necessary to prosecute the protest, or our inability to perform within the standards of Tex. Occ. Code Ch. 1152. We will give you written notice and at least 30 days (or, if the deadline forces it, as much notice as the calendar permits) so you can secure substitute representation. We will not invoice for protest stages we did not complete unless your conduct (e.g., misrepresentation) was the cause of withdrawal.

8. Refunds

8.1 Refund mechanics

If we accidentally over-debit your contingency, or if a recalculation after a missed mass-adjustment carve-out reduces what was owed, we will refund the difference via ACH credit within 5 business days of detection or your written notice, whichever is sooner.

8.2 ACH reversals

Per NACHA Operating Rules you may dispute an unauthorized ACH debit through your bank. We will not contest a dispute that is based on an actual lack of authorization. We will contest disputes that contradict a written, signed authorization on file.

8.3 No fee for downstream tax-rate cuts

If, in a year after our engagement, your tax bill goes down because of a tax-rate change rather than a value change, that is not a savings we caused and we do not bill on it. Conversely, if the rate goes up so that even with our value reduction your bill is higher than last year, you still owe the contingency on the value reduction itself — the fee follows the value change, not the bill change.

9. Acceptable use

You agree to use TaxFight surfaces in a lawful, good-faith manner. You will not:

• Misrepresent your identity or ownership of property.
• Provide false or misleading information about your property's condition, comps, or use.
• Submit information on behalf of a third party without their authorization.
• Scrape, crawl, or automate the site or APIs except via our published interfaces (RSS, forms, documented endpoints).
• Probe, scan, or attempt to compromise the security of our systems.
• Use our data to compete commercially against us (extracting our comp methodology or coverage data and reselling it).
• Use the service to defame, threaten, harass, or commit fraud against any CAD employee, ARB member, or other party.
• Upload malware, scripts, or content that violates law or third-party rights.

We may suspend access for any reasonable suspicion of the above, pending investigation.

10. Intellectual property

10.1 Ours

The TaxFight site, the underlying software, the visual design, the comp methodology, the parcel-index database, the CAD-scraping pipeline, the methodology documentation at /methodology.html, and any branding (WindMayor, TaxFight, VOUX7) are owned by us or licensed to us. You receive a personal, non-exclusive, non-transferable license to use the site for the purpose of evaluating or using the service. No other rights are granted.

10.2 Yours

Information you provide about yourself and your property remains yours. By submitting it you grant us a non-exclusive license to use it for the purposes described in the Privacy Policy (delivering the service, defending against complaints, satisfying legal-retention obligations, and producing de-identified aggregate statistics).

10.3 Third-party data

Some content on our site is from third parties under their own license:

• OpenStreetMap / Nominatim — © OpenStreetMap contributors, ODbL.
• U.S. Census ZCTA polygons — public domain.
• Texas CAD bulk data — Texas public records under Tex. Gov't Code Ch. 552.

We follow the attribution and use terms of each source.

10.4 DMCA (17 U.S.C. § 512)

If you believe content on our site infringes your copyright, send a takedown notice to dmca@windmayor.com (alias being provisioned) with the elements required by 17 U.S.C. § 512(c)(3): identification of the work, identification of the infringing material with enough detail to locate it, your contact info, a good-faith statement that the use is not authorized, a statement under penalty of perjury that the notice is accurate and that you are authorized to act for the rights holder, and your signature (electronic OK). We will respond and, where appropriate, remove the material and notify the uploader. Repeat infringers will be terminated.

11. Representations and warranties

11.1 Yours

You represent and warrant that:

• You are 18 or older and the legal owner (or fiduciary) of the property under protest.
• All information you provide is accurate and complete in all material respects.
• You have not designated another agent of record for the same property and same tax year.
• You are not subject to any legal disability that would prevent you from entering into the engagement.

11.2 Ours

We represent and warrant that:

• We will perform the engagement with the skill and diligence reasonably expected of a Registered Property Tax Consultancy under Tex. Occ. Code Ch. 1152.
• We will not engage in the unauthorized practice of law.
• We will keep your data confidential per the Privacy Policy.
• We will be registered with TDLR as required before we file your protest (if we are not, we will not file).

11.3 Disclaimer

Except for the express representations in Section 11.2, the service is provided "AS IS" and "AS AVAILABLE" without any other warranty. We disclaim, to the maximum extent permitted by law, all implied warranties including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the site will be uninterrupted or error-free, that any defect will be corrected, or that the site is free of viruses. Some jurisdictions do not allow exclusion of implied warranties; in those jurisdictions some of these exclusions may not apply.

12. Indemnification

12.1 You indemnify us

You will defend, indemnify, and hold harmless TaxFight, WindMayor, and our directors, officers, employees, and agents from and against any claim, loss, liability, damage, cost, or expense (including reasonable attorneys' fees) arising out of or relating to:

• Any false, misleading, or incomplete information you provided to us.
• Your misrepresentation of ownership, identity, or property condition.
• Your violation of these Terms or of any law in connection with use of the service.
• Any third-party claim that our filing on your behalf — based on information you provided — caused them harm.

12.2 We indemnify you

We will defend, indemnify, and hold you harmless from and against any claim, loss, liability, damage, cost, or expense (including reasonable attorneys' fees) arising out of:

• Our breach of these Terms.
• Our negligent or willful misconduct in performing the protest.
• Our violation of Tex. Occ. Code Ch. 1152 or the unauthorized-practice-of-law statute (Tex. Gov't Code § 81.101) in performing the protest.
• Any third-party claim that our scraping or use of CAD bulk data violated their rights — provided the data was used solely for your protest.

12.3 Procedure

The indemnified party must promptly notify the indemnifying party of any claim, give the indemnifying party sole control of defense and settlement (with no settlement of any claim that imposes any non-monetary obligation on the indemnified party without their consent), and cooperate reasonably in defense.

13. Limitation of liability

13.1 Cap

To the maximum extent permitted by law, our total cumulative liability for all claims arising out of or relating to the service is capped at the greater of (a) the total fees you have actually paid us in the 12 months before the claim arose, or (b) $1,000. This cap applies in the aggregate across all claims of any nature (contract, tort, statutory).

13.2 Exclusion of indirect damages

To the maximum extent permitted by law, neither party is liable to the other for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost data, business interruption, or loss of goodwill, even if advised of the possibility of such damages.

13.3 Carve-outs

The limits in Sections 13.1 and 13.2 do not apply to:

• Either party's indemnification obligations under Section 12.
• A party's gross negligence, willful misconduct, or fraud.
• Liability that cannot lawfully be limited (e.g., personal injury caused by negligence in jurisdictions where such limits are void).

13.4 Industry-norm flag

A liability cap of this kind is industry-normal for SaaS and contingency professional services. Counsel review of the dollar amount, the exclusions, and the carve-outs is required before launch — particularly to confirm enforceability under Tex. Civ. Prac. & Rem. Code § 16.070 and consumer-protection scrutiny under the Texas Deceptive Trade Practices Act (Tex. Bus. & Com. Code Ch. 17).

14. Suspension and termination

14.1 By you

You may terminate your relationship with us at any time by closing your account (once accounts are live) or by emailing privacy@windmayor.com. Termination is subject to the cancellation-window rules in Section 7 for any active engagement. Termination does not erase audit-trail records we are required to keep (Privacy Policy § 7.2 carveouts).

14.2 By us, for cause

We may suspend or terminate the service or any individual account for cause, including:

• Violation of Section 9 (acceptable use).
• Material misrepresentation in intake.
• Non-payment of fees lawfully owed under an engagement.
• Conduct that creates a conflict of interest preventing us from continuing.
• Suspected fraud against us, against the CAD, or against any third party.
• Order of a court or regulator.

14.3 By us, without cause

We may discontinue the service in whole or in part with at least 90 days' notice, refund any prepaid fees attributable to undelivered services, and assist with transition of any in-flight engagement to substitute representation where reasonably possible.

14.4 Effect of termination

Sections that by their nature survive — Privacy Policy obligations, audit-record retention, fees earned before termination, indemnification, limitation of liability, dispute resolution — survive termination.

15. Dispute resolution

15.1 Governing law

These Terms and any dispute arising out of or relating to them or the service are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules.

15.2 Venue

Subject to Section 15.3, exclusive jurisdiction and venue for any judicial proceeding lie in the state and federal courts located in Travis County, Texas, and each party consents to personal jurisdiction there.

15.3 Informal resolution first

Before filing any claim, the complaining party must give the other party written notice describing the claim and a reasonable opportunity (at least 30 days) to resolve it informally. Notice to us: disputes@windmayor.com (alias being provisioned) plus the mailing address listed in the Privacy Policy.

15.4 Optional arbitration

If informal resolution fails, the parties may (but are not required to) submit the dispute to binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration is mutually optional — either party may instead proceed in court under Section 15.2.

15.5 Class-action waiver

To the maximum extent permitted by law, each party agrees that disputes will be resolved only on an individual basis and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. If this class-action waiver is found unenforceable as to any claim, that claim must be severed and litigated in court; the remainder of these dispute-resolution provisions remain in force.

Counsel-review flag. The enforceability of class-action waivers and pre-dispute arbitration clauses in consumer contracts is contested and varies by jurisdiction. The cyan / counsel review must confirm both the waiver and the arbitration clause meet Texas standards and federal-arbitration-act preemption analysis before launch.

15.6 Statute of limitations

Any claim arising out of or relating to these Terms or the service must be filed within 2 years after the cause of action accrued, or it is forever barred — unless applicable law provides for a longer period that cannot be shortened by contract.

16. General provisions

16.1 Entire agreement

These Terms and the Privacy Policy at /legal/privacy/, together with any engagement letter you have signed, constitute the entire agreement between you and us about the service. They supersede any prior or contemporaneous understandings.

16.2 Order of precedence

If there is a conflict among the documents:

1. The signed engagement letter governs for matters specific to that engagement.
2. These Terms govern for matters not addressed in the engagement letter.
3. The Privacy Policy governs data handling.

16.3 Modification

We may modify these Terms from time to time. Material changes will be announced with at least 30 days' email notice to addresses on file and a banner notice on windmayor.com/taxfight/. Continued use of the service after the effective date of the modification constitutes acceptance. If you do not accept the modification, your only remedy is to stop using the service before the effective date.

16.4 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and the invalid provision is enforced to the maximum extent permitted by law or, if not enforceable, severed without affecting the rest.

16.5 Waiver

A waiver of any provision or breach of these Terms is effective only if in a writing signed by the waiving party, and is not a waiver of any other provision or any subsequent breach.

16.6 Assignment

You may not assign these Terms or any rights under them without our prior written consent. We may assign these Terms (and our rights under any engagement) in connection with a merger, acquisition, or sale of substantially all our assets, with notice to you.

16.7 No third-party beneficiaries

These Terms are for the benefit of you and us only. No third party has rights under them.

16.8 Force majeure

Neither party is liable for delay or non-performance due to causes beyond reasonable control — including acts of God, war, terrorism, civil unrest, government action, pandemic, natural disaster, internet outage, or third-party infrastructure failure. The affected party must use reasonable efforts to mitigate. If force majeure persists beyond 60 days, either party may terminate without penalty.

16.9 Notices

Notices from us to you may be sent by email to the address on file, by in-product notification, or by posting on windmayor.com/taxfight/. Notices from you to us must be sent to legal@windmayor.com (alias being provisioned) and, for matters requiring physical delivery, to the mailing address in the Privacy Policy.

16.10 Headings

Headings are for convenience only and do not affect interpretation.

16.11 Language

These Terms are in English. Any translation is for convenience only; the English version controls.

16.12 Contact

legal@windmayor.com for these Terms. privacy@windmayor.com for the Privacy Policy. disputes@windmayor.com for dispute notices. dmca@windmayor.com for copyright takedown. Mailing address: TBD before public launch.

17. Document control

End of Terms of Service v1 — DRAFT — counsel review required before commercial launch.