Terms & Conditions

Welcome to TallyCare ("TallyCare," "we," "our," or "us"). These Terms & Conditions ("Terms") govern your use of the TallyCare website, platform, mobile applications, and related services (collectively, the "Services").

By using the Services, you agree to be bound by these Terms.

1. Purpose of the Services

TallyCare provides digital tools intended to support care documentation, staff workflows, and administrative tasks for organizations serving individuals with intellectual and developmental disabilities (IDD), aging adults, and community-based care programs.

TallyCare does not provide medical advice, diagnosis, or treatment.

2. Eligibility and Account Responsibilities

You must be authorized by your organization to access TallyCare.

You agree to:

• Keep your credentials confidential
• Use the platform in compliance with HIPAA and all applicable laws
• Access only data you are lawfully permitted to view

You are responsible for all actions taken under your account.

3. Data Ownership

Your organization retains ownership of all data uploaded to TallyCare, including Protected Health Information ("PHI").

TallyCare does not access or use PHI except:

• As permitted under a valid Business Associate Agreement ("BAA")
• To provide and support the Services
• To maintain security, monitoring, and compliance

4. HIPAA & Business Associate Agreements

TallyCare is designed to support HIPAA compliance.

When legally required, we will enter into a BAA with Covered Entities or Business Associates.

The BAA governs our handling of PHI and overrides conflicting terms in these Terms.

5. Acceptable Use

You may not:

• Attempt unauthorized access to any data
• Reverse engineer or modify the Services
• Upload or transmit malicious code
• Use the Services in a manner that violates HIPAA or other laws
• Interfere with system integrity or performance

We may suspend or terminate your account for violations.

6. Intellectual Property

All software, code, trademarks, branding, and proprietary features are owned by TallyCare.

You receive a limited, non-transferable, revocable license to use the Services as intended.

7. Availability and Updates

We strive to maintain secure and reliable services but do not guarantee uninterrupted uptime.

We may modify, improve, or discontinue features at any time.

8. AI Features

Some TallyCare features utilize artificial intelligence (AI) to assist with documentation and reporting.

AI-generated outputs:

• Are based on data you provide
• Must be reviewed by qualified staff
• Are not medical, clinical, or legal advice

You are responsible for validating the accuracy of AI-generated content.

9. Limitation of Liability

To the fullest extent permitted by law, TallyCare is not liable for:

• Indirect, incidental, or consequential damages
• Loss of data caused by user error
• Violations of HIPAA by customer personnel
• Business interruption
• Lost profits

Your organization is responsible for verifying the accuracy of any information used for care decisions.

10. Termination

You may terminate your subscription at any time.

We may terminate your access for:

• Non-payment
• Security violations
• Misuse of PHI
• Breach of these Terms

11. Governing Law

These Terms are governed by the laws of the State of Colorado.

12. Contact

For questions regarding these Terms, contact: contact@tallycare.app