Terms of Service

These Terms of Service (“Terms”) are an agreement between you and Nicholas Marks, a sole proprietor doing business as Tally (“Tally”, “we”, “us”), and govern your use of the Tally web app, the iOS and macOS apps, and the client portal (together, the “Service”). By creating an account or using the Service, you agree to these Terms. If you use Tally on behalf of a studio or other business, you accept these Terms for that business and confirm you are authorized to do so — and “you” means that business.

1. Who can use Tally

You must be at least 16 years old and able to form a binding contract. You agree to provide accurate account information and to keep it current. Tally is a tool for businesses and is not directed to consumers for personal use.

2. What Tally is — and is not

Tally helps design studios manage projects, track time, and create and send invoices, and helps their clients view and pay those invoices. Tally is a management and presentation tool, not your books of record. It is not accounting, bookkeeping, tax, legal, or financial advice, and it is not a substitute for an accountant, a system of record, or professional advice. You are responsible for the accuracy of the information you enter and for your own tax, accounting, and legal compliance. You should verify any total, calculation, or report against your own records.

3. Your account and your users

You are responsible for keeping your login credentials secure and for all activity under your account, including activity by the team members and client-portal users you invite. Tell us promptly at support@tally-works.com if you believe your account has been accessed without authorization. You are responsible for your relationship with the people you invite and for what they do in the Service.

4. Subscriptions, trials, and billing

Tally may offer a free trial that does not require a payment method. A trial does not automatically convert to a paid plan, and we do not charge you when it ends — if you do not subscribe, your access is simply limited once the trial is over. To continue on a paid plan, you choose a plan and enter payment details through our payment processor, Stripe. Once you subscribe, your subscription renews automatically for successive periods until you cancel. You can cancel at any time, effective at the end of the current billing period; cancellation stops future charges but does not retroactively refund the current period. Fees are non-refundable except where required by law. We may change subscription prices on reasonable advance notice (at least 30 days), effective at your next renewal; continuing on a paid plan after that date means you accept the new price.

5. Client payments and Stripe Connect

Tally lets a studio collect payments from its own clients through Stripe Connect. For those payments, the studio is the merchant of record. Tally is not a party to the transaction between a studio and its client, does not take possession of or transmit those funds, and is not a bank or money transmitter. Funds settle directly to the studio’s connected Stripe account, and that account is governed by Stripe’s Connected Account Agreement. Any bank or ACH processing fee is disclosed at the time of payment. Refunds, chargebacks, and disputes on a client invoice are handled between the studio, its client, and Stripe. Each studio is responsible for the tax treatment of the money it collects.

6. Your content and data

You keep ownership of the data you put into Tally. You grant us a worldwide, non-exclusive license to host, store, process, transmit, and display that data solely to operate and provide the Service to you (including making it available to the users and clients you choose). You are responsible for the data you enter — including your clients’ personal information — and confirm you have the rights and any consents needed to provide it to us. How we handle personal data is described in our Privacy Policy. Studios that need a Data Processing Agreement (GDPR Article 28) can request one at support@tally-works.com.

7. Acceptable use

You agree not to:

• use the Service for anything illegal, infringing, deceptive, or abusive;
• upload malware, or attempt to breach, probe, or disrupt the Service’s security or other users’ data;
• reverse-engineer, scrape, or copy the Service except as the law expressly permits;
• resell, sublicense, or provide the Service to third parties except through the features we offer; or
• misuse another person’s data or impersonate anyone.

8. Third-party services

The Service relies on third parties such as Stripe (payments), Apple (push and the App Store), and Google (address autocomplete). Your use of those services is governed by their own terms, and we are not responsible for them.

9. Our intellectual property

We own the Service, including its software, design, and the Tally name and logo. While your account is in good standing, we grant you a limited, revocable, non-transferable right to use the Service under these Terms. We reserve all rights not expressly granted.

10. Availability and changes to the Service

Tally is an early-stage product. We aim for high availability, but we may add, change, or remove features, and may perform maintenance, without liability to you. We will try to give reasonable notice of material adverse changes to features you rely on.

11. Disclaimers

To the maximum extent permitted by law, the Service is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Service will be uninterrupted, secure, or error-free. We do not warrant the accuracy of any invoice total, calculation, tax figure, balance, or report produced by the Service; you are responsible for verifying them against your own records.

12. Limitation of liability

To the maximum extent permitted by law, Tally will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any lost profits, revenue, data, or goodwill. Tally’s total liability for any claim arising out of or relating to the Service or these Terms will not exceed the greater of (a) the fees you paid us in the 12 months before the event giving rise to the claim, or (b) US$100. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

13. Indemnification

You agree to indemnify and hold Tally harmless from claims, losses, and expenses (including reasonable legal fees) arising out of the data you provide, your use of the Service, your violation of these Terms or of law, or disputes between you and your own clients, team, or vendors.

14. Suspension and termination

You can stop using the Service and delete your account at any time. We may suspend or terminate your access if you materially breach these Terms, fail to pay, or create legal or security risk for the Service or others. When your account ends, your right to use the Service stops, and we delete or retain your data as described in our Privacy Policy (content deleted within 90 days; invoice and payment records kept up to 10 years to meet tax obligations). You can export your data before termination.

15. Changes to these Terms

We may update these Terms from time to time. We will revise the “Last updated” date above and, for material changes, notify you in the app or by email. Continuing to use the Service after the changes take effect means you accept the updated Terms.

16. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Before starting any formal proceeding, you agree to contact us at support@tally-works.com so we can try to resolve the matter informally. Any dispute that is not resolved that way will be brought in the state or federal courts located in San Francisco, California, and you and Tally consent to their jurisdiction — except that either party may bring a qualifying claim in small-claims court.

17. General

These Terms, together with the Privacy Policy and any Data Processing Agreement we sign with you, are the entire agreement between you and Tally about the Service. If any part is held unenforceable, the rest stays in effect. Our not enforcing a provision is not a waiver of it. You may not transfer these Terms without our consent; we may transfer them in connection with a merger, acquisition, or sale of the business.

18. Contact

Questions about these Terms? Contact support@tally-works.com. See also our Privacy Policy and Legal Notice.