Terms of Service
Last Updated: April 16, 2025
Organization: Nolly (US Tax Recovery Inc.)
Effective Date: This Terms of Service is effective immediately and applies to all services and website usage
CRITICAL DISCLAIMER:
Nolly provides document preparation assistance only. We are NOT a law firm, tax firm, CPA firm, or tax advisor. We do NOT provide legal advice, tax advice, or professional financial advice. All IRS decisions regarding ITIN/EIN applications, tax returns, and FIRPTA claims are made solely by the IRS. By using our services, you agree to this limitation and accept full responsibility for all decisions you make regarding your tax situation. Consult a qualified tax professional, CPA, or attorney for advice.
1. Acceptance of Terms
A. Agreement to Terms
By accessing the Nolly website (https://nolly.com/), submitting a service request form, engaging our services, or making a payment, you agree to be legally bound by these Terms of Service (“Terms”), our Privacy Policy, and any other terms, policies, or guidelines we reference. If you do not agree to these Terms, you must not use our website or services.
B. Modification Right
Nolly reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting to the website. Your continued use of our website and services following any modification constitutes your acceptance of the modified Terms. We will make reasonable efforts to notify you of material changes via email or prominent website notice.
C. Age and Capacity
You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are using our services on behalf of a business, entity, or organization, you represent that you have authority to bind that entity to these Terms.
D. Entire Agreement
These Terms, along with our Privacy Policy and any service-specific terms or agreements, constitute the entire agreement between you and Nolly regarding your use of our website and services, superseding all prior agreements and understandings.
2. Service Scope and Limitations
A. What Nolly Provides (Document Preparation Only)
Nolly provides the following services, strictly limited to document preparation and submission assistance only:
ITIN Applications: We prepare Form W-7 and supporting documents for submission to the IRS
EIN Registration: We prepare Form SS-4 and supporting documents for submission to the IRS
Tax Return Preparation: We prepare Form 1040-NR and other tax forms for submission
FIRPTA Refund Assistance: We prepare Forms 8288-A and 8288-B for FIRPTA refund claims
Incorporation Services: We prepare incorporation documents for submission to state authorities
Supporting Documentation: We provide checklists, guidance, and document review to ensure accuracy
B. What Nolly Does NOT Provide
Nolly explicitly does NOT provide the following services:
Legal Advice: We do not provide legal advice or act as a law firm
Tax Advice: We do not provide tax advice or act as a CPA/tax professional
Professional Advice: We do not provide financial, accounting, or business advice
IRS Representation: We do not represent you before the IRS as a tax attorney or enrolled agent (except CAA agents for ITIN verification)
Guarantees of Approval: We do NOT guarantee that the IRS will approve your application
Guarantees of Processing Time: We do NOT guarantee specific IRS processing timelines
Dispute Resolution: We do not represent you in disputes with the IRS
Ongoing Tax Planning: We do not provide ongoing tax planning or accounting services
CRITICAL UNDERSTANDING:
The IRS has sole authority over all ITIN/EIN applications, tax return approvals, and FIRPTA decisions. Nolly’s role ends when we submit your documents to the IRS. We have no control over and cannot predict IRS decisions. You must understand and accept that your application may be rejected, delayed, or returned for additional information by the IRS at any time, regardless of the quality of our preparation work.
C. Service Scope Details
Our services include:
Initial consultation and service recommendation
Document checklist and guidance
Professional form preparation and review
Document verification and accuracy checking
Secure submission to applicable government agencies
Status updates and communication regarding your case
Resubmission assistance if initially rejected (subject to additional fees)
D. Accuracy of Information
Nolly’s ability to accurately prepare your documents depends entirely on the accuracy and completeness of information YOU provide. We are not responsible for:
False or inaccurate information you provide
Incomplete information you provide
Your failure to disclose material facts
Documents or information you upload that contain errors
Information that becomes inaccurate after we submit your application
3. User Eligibility and Responsibilities
A. Service Eligibility
By using Nolly’s services, you represent and warrant that:
You are legally authorized to use the services you are requesting
You are eligible for the specific service (e.g., eligible for an ITIN if you meet IRS requirements)
All information you provide is true, accurate, and complete
You will comply with all applicable laws and regulations
You have not been prohibited by any government agency from obtaining the ID or service you are requesting
B. Your Responsibilities
When using Nolly’s services, you agree to:
Provide Accurate Information: Supply truthful, accurate, and complete information for your application
Verify Your Documents: Review all documents we prepare before submission for accuracy
Disclose Material Facts: Inform us of any circumstances that may affect your application
Respond Timely: Respond promptly to our requests for additional information
Follow Instructions: Follow our guidance regarding document submission and processes
Maintain Confidentiality: Keep your IDs, passwords, and sensitive documents secure
Update Information: Notify us immediately of any changes to your information before submission
Legal Compliance: Use the IDs/services only for lawful purposes
C. Your Acknowledgments
By engaging our services, you acknowledge that:
You understand that IRS decisions are final and we cannot control outcomes
You have read and understand the complete service limitations
You may benefit from consulting a tax professional or attorney in addition to using our services
You are responsible for verifying all information is correct before submission
You understand that the IRS may request additional information, documents, or verification
4. Service Descriptions
A. ITIN Application Service
Service Includes: Form W-7 preparation, document review, identity verification through IRS-Certified Acceptance Agent, submission guidance, and application status updates.
Standard Fee: $199 USD (one-time, covers first-time applications and renewals)
Processing Timeline: We typically submit to the IRS within 5-10 business days. The IRS then takes 4-7 weeks to process (longer during peak season). Nolly does NOT control IRS processing time.
Limitations: IRS approval is not guaranteed. Your application may be rejected, delayed, or returned for additional documentation. We are not responsible for IRS decisions.
B. EIN Registration Service
Service Includes: Form SS-4 preparation, document review, secure submission to IRS, and confirmation letter delivery.
Standard Fee: $75 USD (one-time)
Processing Timeline: EINs are typically issued within 1-3 business days after submission, though this is an IRS process we do not control.
Limitations: IRS approval is not guaranteed. The IRS may request additional information before issuing an EIN.
C. Tax Return Preparation (1040-NR)
Service Includes: Form 1040-NR preparation, supporting schedules, calculation of refund/liability, accuracy review, and submission to IRS.
Standard Fee: Starting at $199 USD (price varies by complexity)
Processing Timeline: We prepare and submit within timeline discussed with you. IRS processes returns in 2-6 weeks (longer if additional review is needed).
Limitations: The IRS may adjust your return, request additional information, or deny claimed credits. We are not responsible for IRS decisions.
D. FIRPTA Refund Service
Service Includes: Forms 8288-A and 8288-B preparation, document review, calculation of refund amount, submission to IRS, and status updates.
Standard Fee: Starting at $499 USD (price varies by complexity)
Processing Timeline: IRS typically processes FIRPTA claims in 6-12 weeks after submission, though timelines vary.
Limitations: FIRPTA refunds require IRS approval. Refund amounts, timing, and approval are determined solely by the IRS. We cannot guarantee refund amounts or timelines.
E. Incorporation Service
Service Includes: Business name search, preparation of Articles of Organization/Incorporation, filing with state authorities, and confirmation documents.
Standard Fee: $75 USD for incorporation; $125 USD for incorporation + EIN package
Processing Timeline: State processing typically takes 5-15 business days depending on jurisdiction.
Limitations: State authorities may reject your filing if documentation is incomplete or business name is not available. We will notify you promptly if rejection occurs.
F. Priority or Expedited Services
Some services offer priority or expedited options at higher fees. These services expedite our review and submission but do NOT expedite IRS processing. IRS timelines remain unchanged.
5. Pricing and Payment Terms
A. Pricing
All prices are in USD and are displayed on our Pricing page (https://nolly.com/pricing/). Prices are subject to change without notice but prices quoted at the time of your order are honored. We will inform you of the total fee before requesting payment.
B. Payment Methods
We accept payment via:
Credit card (Visa, Mastercard, American Express, Discover)
Bank transfer (ACH)
PayPal or other third-party processors
Other payment methods as displayed on our website
C. Payment Processing
All payments are processed securely through PCI-DSS compliant payment processors. We do not store your full credit card information. All payment information is encrypted and protected according to industry standards.
D. Billing and Invoices
Payment is due in full before we begin work on your service request
You will receive an invoice via email upon payment
Service begins immediately after payment is received and verified
No refund of payment will be issued until service review is complete (see Refund Policy, Section 6)
E. Taxes
You are responsible for any applicable sales, use, GST, HST, or other taxes. If you are tax-exempt, provide documentation prior to payment. Nolly is responsible for collecting and remitting applicable taxes to relevant authorities.
F. Declined Payments
If your payment is declined:
You will be notified immediately
You must provide an alternative payment method within 7 days
If payment is not received within 7 days, we will cancel your service request and refund any amounts already received
We reserve the right to charge a fee for declined payments or processing delays
6. Refund and Money-Back Guarantee
A. Our Money-Back Guarantee
100% Money-Back Guarantee: If we are unable to complete and submit your service request for any reason within our control, you will receive a full refund of your service fee.
B. What Our Guarantee Covers
Our guarantee covers:
Nolly’s failure to complete document preparation
Nolly’s failure to properly prepare required forms
Nolly’s failure to submit documents within the agreed timeframe (due to our error)
Nolly’s system failures, website downtime, or technical issues
Nolly’s staff error or negligence that prevents service completion
C. What Our Guarantee Does NOT Cover
Our guarantee does NOT cover:
IRS Rejection: Applications rejected by the IRS for any reason
IRS Delays: Applications delayed by the IRS beyond standard processing times
Inaccurate Information: Applications rejected because you provided false or inaccurate information
Eligibility Issues: Applications rejected because you do not meet IRS eligibility requirements
Missing Documents: Applications rejected because you failed to provide required documents
User Delay: Delays caused by your failure to respond to requests for information
Insufficient Funds: Inability to complete service due to insufficient payment
Optional Services Declined: You declining optional services or additional steps
Change of Mind: Deciding you no longer want the service
Statute of Limitations Issues: Inability to file due to expired deadlines
Court Orders or Legal Holds: Legal circumstances preventing service completion
D. Refund Process
To request a refund:
Contact us in writing at Info@nolly.com with subject line “Refund Request”
Provide your case number and reason for refund request
We will investigate your claim within 5 business days
If approved, refund will be processed within 10 business days
Refunds are issued to the original payment method
Processing time for refunds to appear in your account depends on your financial institution (typically 5-10 business days)
E. Refund Conditions
Refund requests must be submitted within 60 days of payment
We must confirm that the reason qualifies under our guarantee
No refunds for services already completed and submitted to government agencies
If partial work was completed, refund may be reduced proportionally
F. No Other Warranties or Guarantees
EXCEPT FOR THE EXPLICIT MONEY-BACK GUARANTEE DESCRIBED ABOVE, NOLLY MAKES NO WARRANTIES OR GUARANTEES REGARDING SERVICE OUTCOMES, IRS DECISIONS, PROCESSING TIMES, OR RESULTS.
G. IRS Appeals and Resubmission
If the IRS rejects your application:
Nolly can assist with resubmission for an additional fee
Resubmission fee is typically 50% of the original service fee
Resubmission does NOT guarantee IRS approval
For appeals or disputes with the IRS, you should consult a tax attorney or enrolled agent
7. Intellectual Property Rights
A. Our Intellectual Property
All content on the Nolly website, including text, graphics, logos, images, software, and any other materials, are the property of Nolly or our third-party content providers. These materials are protected by international copyright, trademark, and other intellectual property laws.
B. Your Limited License
Nolly grants you a limited, non-exclusive, non-transferable license to:
View and use the Nolly website for personal, non-commercial purposes
Download and print materials for your own service request
Share information about our services with friends and family
C. Restrictions on Use
You may NOT:
Reproduce, modify, or distribute Nolly materials without permission
Use our materials for commercial purposes without licensing agreement
Remove or alter copyright, trademark, or other proprietary notices
Create derivative works based on our materials
Reverse engineer our software or systems
Scrape or automated extract content from our website
D. Your Content
When you submit documents or information to us:
You retain ownership of your documents
You grant Nolly a license to use your information for service delivery and quality improvement
You grant permission to submit your documents to government agencies as part of our service
We will not use your personal information for any other purpose without your consent
E. Feedback and Suggestions
Any feedback, suggestions, or ideas you provide to Nolly may be used by us for any purpose without compensation to you or acknowledgment of your contribution.
8. Confidentiality and Data Security
A. Confidential Information
Nolly treats all information you provide as confidential. Your personal, financial, and tax information will not be disclosed to third parties except:
As required by law or court order
To government agencies (IRS, state tax authorities) as necessary for service delivery
To our service providers who assist with service delivery (under confidentiality agreements)
With your explicit written consent
B. Data Protection
We implement security measures to protect your information, including:
SSL/TLS encryption for all data in transit
AES-256 encryption for data at rest
Secure servers with restricted access
Regular security audits and updates
Employee confidentiality agreements
Secure disposal procedures for physical documents
C. Privacy Policy
Our handling of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy for complete information about our data practices.
D. Data Breach Notification
If we discover a breach of your data:
We will notify you without unreasonable delay
We will provide information about the breach, affected data, and remedial steps
We will cooperate with legal authorities as required
We will provide credit monitoring or other remedies as appropriate
E. Your Responsibility for Information Security
You are responsible for:
Keeping your login credentials secure and confidential
Protecting your documents and sensitive information
Notifying us immediately of any unauthorized access or suspected breach
Backing up your own copies of documents
9. User Conduct and Prohibited Activities
A. Prohibited Conduct
You agree NOT to:
Fraudulent Activity: Submit false, fraudulent, or misleading information
Illegal Purposes: Use our services for any illegal or unlawful purpose
Identity Fraud: Apply for IDs or services using false identity information
Document Forgery: Submit forged or falsified documents
Tax Fraud: Claim false deductions, credits, or income information on tax returns
Money Laundering: Use our services to facilitate money laundering or financial crimes
Harassment: Harass, threaten, or abuse our staff members
Interference: Interfere with our systems or website functionality
Hacking: Attempt to gain unauthorized access to our systems
Spam: Send unsolicited communications or spam
Abuse: Abuse or misuse our services or website
Violation of Law: Violate any applicable laws, regulations, or third-party rights
B. Consequences of Prohibited Conduct
If you engage in prohibited conduct, Nolly may:
Suspend or terminate your service immediately
Refuse refund of any amounts paid
Report the conduct to appropriate law enforcement authorities
Pursue civil or criminal legal action against you
Cooperate with government investigations
Retain all information for purposes of investigation and legal proceedings
C. Cooperation with Authorities
Nolly will cooperate fully with law enforcement, IRS, and other government agencies in investigating suspected illegal activity, including providing your information without notice or consent as required by law.
10. Limitation of Liability
A. Cap on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOLLY’S TOTAL LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS ARISING FROM THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN QUESTION (OR $500, WHICHEVER IS LESS).
B. No Liability for Indirect Damages
IN NO EVENT SHALL NOLLY BE LIABLE FOR:
Lost profits or income
Lost business opportunities
Lost data or information
Indirect, incidental, consequential, or special damages
Punitive damages
Damages arising from your decisions, actions, or circumstances beyond our control
Damages caused by IRS decisions, rejections, or delays
Tax liabilities, penalties, or interest assessed by government agencies
C. Assumption of Risk
You assume all risk associated with:
IRS processing of your application
IRS decisions regarding approval or rejection
Consequences of IRS decisions
Accuracy of information you provide
Use of the IDs or services once issued by government agencies
D. Survival of Limitations
These limitations of liability apply to all causes of action, whether in contract, tort, strict liability, or any other theory, and shall apply even if any limited remedy herein fails of its essential purpose.
11. Indemnification
A. Your Indemnification of Nolly
You agree to indemnify, defend, and hold harmless Nolly, its officers, directors, employees, and agents from any and all claims, damages, losses, liabilities, and expenses (including attorneys’ fees) arising from or relating to:
Your use of our services
Your breach of these Terms
False or inaccurate information you provided
Your violation of any law or regulation
Your violation of any third-party rights
IRS investigations or actions regarding applications we prepared
Tax authorities’ actions based on information you provided
Any claim that documents you submitted are fraudulent or false
B. Nolly’s Indemnification Process
You must notify Nolly promptly of any claims or demands. Nolly reserves the right to participate in and control the defense of any claim indemnified by you.
12. Disclaimers
A. As-Is Service Disclaimer
OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NOLLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
Warranties of merchantability or fitness for a particular purpose
Warranties of accuracy or completeness of our services
Warranties that our services will be uninterrupted, error-free, or secure
Warranties regarding IRS approval or decision outcomes
Warranties regarding processing timelines
Warranties of non-infringement of third-party rights
B. No Professional Advice Disclaimer
NOLLY DOES NOT PROVIDE LEGAL, TAX, ACCOUNTING, OR FINANCIAL ADVICE.
Our services are limited to document preparation only. We strongly recommend that you consult with a qualified tax professional, CPA, or attorney before making any tax decisions or submitting documents to government agencies. Your use of our services does not create an attorney-client relationship, professional-client relationship, or any advisory relationship.
C. Website and Content Disclaimer
Any information, articles, guides, or educational content on the Nolly website is for informational purposes only. This content:
Is NOT legal or tax advice
Does NOT substitute for professional advice from a tax attorney or CPA
May contain inaccuracies or become outdated
Is not guaranteed to be current or complete
Should not be relied upon for major tax decisions
D. Third-Party Links Disclaimer
Our website may contain links to third-party websites. We do not control, endorse, or assume responsibility for third-party content, privacy practices, or services. Use of third-party sites is at your own risk and subject to their own terms and conditions.
E. IRS Authority Disclaimer
NOLLY IS NOT AFFILIATED WITH THE IRS AND DOES NOT ACT AS THE IRS OR SPEAK ON BEHALF OF THE IRS.
Nolly is a private document preparation service. Our team includes IRS-Certified Acceptance Agents (CAAs) who are officially authorized by the IRS to verify documents and prepare ITIN applications, but Nolly itself is a private business with no official relationship with the IRS. All final decisions regarding ITIN, EIN, tax returns, and FIRPTA claims are made solely by the IRS.
F. Government Authority Disclaimer
Nolly does not represent you before the IRS, state authorities, or other government agencies (except as CAAs for ITIN verification). For representation in IRS disputes, appeals, or enforcement actions, you must hire a tax attorney or enrolled agent.
G. Appropriateness of Services Disclaimer
You are solely responsible for determining whether our services are appropriate for your situation. We recommend consulting with a tax professional or attorney to determine whether document preparation services or other professional services would be beneficial for your specific circumstances.
13. Dispute Resolution and Governing Law
A. Governing Law
These Terms and your use of our services shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to conflicts of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
B. Jurisdiction and Venue
You agree that any legal action or proceeding relating to these Terms or your use of our services shall be brought exclusively in the courts of Ontario, Canada, and you consent to the jurisdiction and venue of such courts. If you are located outside Canada, you consent to the exclusive jurisdiction of Ontario courts and waive any objection to venue.
C. Dispute Resolution Process
Before initiating legal proceedings, you agree to attempt to resolve disputes through the following process:
Step 1 – Informal Resolution: Contact us at Info@nolly.com with subject “Dispute Notice” and describe the issue in detail
Step 2 – Response: We will respond within 15 business days with our position and proposed resolution
Step 3 – Negotiation: If not resolved, we will arrange a telephone or video call within 10 business days to discuss
Step 4 – Mediation (Optional): Either party may propose non-binding mediation before proceeding to litigation
Step 5 – Legal Action: Only after good faith dispute resolution efforts may legal action be initiated
D. Limitation Period
Any claim you may have against Nolly must be brought within ONE (1) YEAR from the date the claim arises, or it shall be forever barred. This applies to all causes of action regardless of legal theory.
E. Class Action Waiver
You agree that you may only bring claims against Nolly in your individual capacity, not as a plaintiff or class member in any purported class action, collective action, or representative action. Class actions, collective actions, and representative actions are not permitted under these Terms.
F. Attorneys’ Fees
If legal action is necessary, the prevailing party shall be entitled to recover reasonable attorneys’ fees and court costs from the non-prevailing party.
G. Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid, or if such modification is not possible, that provision shall be severed, and the remaining provisions shall continue in full force and effect.
14. Modification of Terms
A. Right to Modify
Nolly reserves the right to modify these Terms at any time. Modifications are effective immediately upon posting to the website. Material changes will be marked as “Updated” with the new effective date.
B. Notification of Changes
For material changes, we will provide notice by:
Email to the address associated with your account
Prominent posting on our website
Pop-up notification on the website
C. Continued Use
Your continued use of our website and services following the posting of modified Terms constitutes your acceptance of those modifications. If you do not agree with modified Terms, you must stop using our services.
D. Archive of Previous Versions
Previous versions of these Terms are available upon request at Info@nolly.com.
15. Contact Information
Contact Nolly
If you have questions, disputes, or concerns about these Terms of Service, please contact us:
Mailing Address:
Nolly (US Tax Recovery Inc.)
265 Rimrock Road, Suite 201
Toronto, Ontario M3J 3C6
Canada
Email: Info@nolly.com
Phone/WhatsApp: +1 (416) 732-3342
Website: https://nolly.com/
Response Time: We will respond to inquiries within 2 business days (Monday-Friday, excluding holidays)
Dispute Notice: For any disputes, please send written notice to our email address above with subject line “Dispute Notice” and include details of the dispute.
A. Legal Entity Information
Business Name: Nolly (US Tax Recovery Inc.)
Operating Address: Toronto, Ontario, Canada
Jurisdiction: Governed by laws of Ontario, Canada
Business Type: Private document preparation service
B. Additional Resources
Privacy Policy: https://nolly.com/privacy-policy/
Refund Policy: Detailed in Section 6 of these Terms
FAQ Page: https://nolly.com/faq/
Contact Us Page: https://nolly.com/contact-us/
Final Acknowledgment
By using Nolly’s website or services, you acknowledge that:
You have read and fully understand these Terms of Service
You accept all terms, limitations, and disclaimers
You understand that our services are document preparation only, not legal or tax advice
You understand that IRS decisions are final and outside our control
You have been advised to consult a tax professional or attorney
You assume all risk associated with IRS applications and government decisions
You agree to indemnify Nolly for claims arising from your use of our services
You agree that these Terms are binding and enforceable
Questions?
If you have any questions about these Terms of Service, please contact us immediately at Info@nolly.com or call +1 (416) 732-3342. We’re happy to clarify any terms or address your concerns.
Document Information
Title: Terms of Service
Effective Date: April 16, 2025
Last Updated: April 16, 2025
Organization: Nolly (US Tax Recovery Inc.)
Jurisdiction: Ontario, Canada
© 2025 Nolly (US Tax Recovery Inc.). All Rights Reserved. These Terms of Service are effective immediately and supersede all previous agreements.
IMPORTANT NOTICE: These Terms of Service have been created to comply with Google Ads policies, GDPR, CCPA, and other applicable laws. This document should be reviewed by a legal professional before implementation. Nolly reserves the right to modify these terms as required by law or business needs.
