Terms of Service

1. Acceptance of Terms

By downloading, installing, or using the Tally application ("Tally," "the App," or "the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legal agreement between you and Tally ("we," "our," or "us"). You must be at least 13 years of age to use Tally. By using the Service, you represent that you meet this requirement.

2. Not a Medical Device

Tally is a personal care coordination and record-keeping tool. It is not a medical device, clinical decision support tool, or healthcare provider.

• Tally does not diagnose medical conditions.
• Tally does not prescribe or recommend medications or treatments.
• Tally does not replace the judgment of any licensed healthcare professional.
• Information organized or summarized by Tally is for your personal reference only and should not be used as the sole basis for medical decisions.

If you are experiencing a medical emergency, call 911 or your local emergency services immediately. Do not rely on Tally for emergency guidance.

3. Your Account

To use Tally, you must create an account. You are responsible for:

• Providing accurate registration information
• Maintaining the security of your account credentials
• All activity that occurs under your account
• Notifying us promptly if you suspect unauthorized access at support@tallycare.app

You may not share your account with others or create accounts on behalf of third parties without authorization.

4. Subscriptions and Billing

Tally offers paid subscription plans available through the Apple App Store. By subscribing:

• You authorize Apple to charge your payment method on a recurring basis at the then-current subscription price.
• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period.
• A free trial period may be offered for new subscribers. At the end of the trial, your subscription will automatically begin and you will be charged unless cancelled before the trial ends.
• Subscription prices are displayed in the App Store and may be subject to change. You will be notified of price changes before they take effect.

Cancellation

You may cancel your subscription at any time through iPhone Settings → [Your Name] → Subscriptions. Cancellation takes effect at the end of the current billing period; you will retain access to the Service until then. We do not provide refunds for unused portions of a billing period except as required by applicable law or Apple's App Store policies.

5. Your Content and Data

You retain ownership of all content you submit to Tally, including care notes, voice recordings, and uploaded documents ("Your Content").

By using Tally, you grant us a limited license to store, process, and transmit Your Content solely for the purpose of providing the Service to you. We do not claim any other rights to Your Content.

You are responsible for ensuring that Your Content does not violate any third party's rights or any applicable laws.

6. Acceptable Use

You agree to use Tally only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service to store or transmit content that is illegal, harmful, or violates the rights of others
• Attempt to gain unauthorized access to any part of the Service or its infrastructure
• Reverse engineer, decompile, or otherwise attempt to derive source code from the App
• Use automated tools to scrape, crawl, or access the Service in bulk
• Misrepresent your identity or impersonate any person or entity
• Use the Service in a way that could damage, overburden, or impair the Service
• Use the Service for any commercial purpose without our prior written consent

7. Privacy

Your use of Tally is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using Tally, you acknowledge that you have read and understand our Privacy Policy.

8. Intellectual Property

The Tally application, including its design, software, branding, and content (excluding Your Content), is owned by Tally and protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the App for your personal, non-commercial purposes in accordance with these Terms.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components. We do not warrant the accuracy, completeness, or usefulness of any information provided through the Service.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TALLY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $10 USD.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN FULL.

11. Indemnification

You agree to indemnify, defend, and hold harmless Tally and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or relating to your use of the Service, your violation of these Terms, or your violation of any third-party rights.

12. Termination

We may suspend or terminate your access to the Service at any time if you violate these Terms, engage in fraudulent or abusive behavior, or for any other reason at our sole discretion. You may terminate your account at any time by deleting the app and contacting us at support@tallycare.app to request account deletion.

Upon termination, your right to use the Service ceases immediately. Provisions of these Terms that by their nature should survive termination will do so, including Sections 9, 10, 11, and 13.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved through binding arbitration in accordance with the American Arbitration Association's consumer arbitration rules, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction.

You waive any right to participate in a class action lawsuit or class-wide arbitration.

14. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes through the App or by email. Continued use of Tally after updated Terms are posted constitutes your acceptance of the revised Terms.

15. Contact

Questions about these Terms? Contact us:

• Email: support@tallycare.app