Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Tallyvis website, applications, software, artificial intelligence features, integrations, APIs, embedded tools, and related services (collectively, the “Services”).

Tallyvis is a product and brand operated directly by Kyle Warner. Tallyvis is not currently organized as a separate, formally registered company (such as an LLC or corporation); references to “Tallyvis,” “we,” “us,” or “our” throughout these Terms refer to Kyle Warner, operating under the Tallyvis product and brand name.

By creating an account, accessing, purchasing, or using the Services, you agree to these Terms.

If you use Tallyvis on behalf of a business or other organization, you represent that you have authority to accept these Terms on its behalf.

If you do not agree to these Terms, do not use the Services.

1. Tallyvis Services

Tallyvis provides software designed to help service businesses perform tasks that may include:

• Creating estimates and quotes
• Collecting customer information
• Receiving and processing uploaded images
• Using artificial intelligence to analyze service-related information
• Managing customers and quotes
• Sharing estimates with customers
• Tracking quote acceptance or rejection
• Integrating estimation tools into websites
• Managing business pricing configurations
• Connecting third-party services and integrations
• Supporting business workflows and communications

Features may change, be added, or be removed as Tallyvis develops.

2. Accounts

You may be required to create an account to use certain Services.

You agree to provide accurate information and to maintain the security of your account credentials.

You are responsible for activity occurring through your account unless caused by circumstances for which Tallyvis is legally responsible.

You must promptly notify Tallyvis if you reasonably believe your account has been compromised.

3. Business Use

Tallyvis is primarily intended for businesses and individuals engaged in commercial activities.

Businesses using Tallyvis remain responsible for their own operations, including:

• Pricing
• Quotes and estimates
• Customer relationships
• Services performed
• Taxes
• Licenses and permits
• Insurance
• Employee or contractor relationships
• Regulatory compliance
• Customer communications
• Contracts entered into with their customers

Tallyvis does not become a party to a service agreement between a business using Tallyvis and that business’s customer merely because Tallyvis was used to create or deliver an estimate.

4. AI-Generated Information

Tallyvis may use artificial intelligence and machine-learning technologies to analyze photographs, documents, descriptions, property characteristics, or other information.

Artificial intelligence can make mistakes.

AI-generated observations, classifications, counts, recommendations, prices, estimates, confidence levels, and other outputs are provided as tools to assist users and are not guaranteed to be accurate, complete, or appropriate for every situation.

Users are responsible for reviewing AI-generated results before relying on them or providing them to customers.

Tallyvis does not guarantee that AI-generated estimates will equal the final cost, labor requirement, property condition, service requirements, or actual results of a job.

5. Quotes and Estimates

Estimates generated through Tallyvis may depend on information supplied by customers, businesses, third-party services, or artificial intelligence systems.

Actual service conditions may differ from those visible in photographs or supplied through the Services.

Businesses using Tallyvis are responsible for determining their final pricing and whether an estimate should be honored, modified, or withdrawn, subject to applicable law and agreements with their customers.

6. Customer Data

You retain applicable rights to information and content that you submit to Tallyvis.

You grant Tallyvis permission to host, process, transmit, reproduce, and otherwise use submitted information as reasonably necessary to operate, secure, maintain, and provide the Services.

You represent that you have the rights and permissions reasonably necessary to provide information to Tallyvis and authorize its processing through the Services.

If you collect information from your customers through Tallyvis, you are responsible for providing any notices and obtaining any permissions or consents required by applicable law.

7. SMS / Text Messaging Terms

Tallyvis and service businesses using the Tallyvis platform may operate an SMS (text message) communications program. Tallyvis provides the technology used to present the opt-in, capture consent, and facilitate related communications; the service business you are interacting with is responsible for the messages it sends you through the program. SMS consent is collected in connection with the particular service business you are interacting with, and consent given to one business using Tallyvis is not treated as consent to receive messages from any other, unrelated business using Tallyvis.

If you explicitly opt in (for example, by checking the SMS opt-in checkbox presented in the Tallyvis public estimator), the Tallyvis program currently sends:

• A one-time SMS opt-in confirmation
• A notification when your estimate has been approved and is ready (directing you to check your email for the details)
• A post-service thank-you message

Tallyvis does not currently send appointment confirmations, appointment reminders, estimated-arrival notifications, review requests, or promotional/marketing text messages as part of this program. Additional service-related message types may be added in the future, with the opt-in disclosure updated accordingly before any such change takes effect.

• Participation in the SMS program is voluntary.
• Consent to receive SMS messages is not a condition of purchase.
• Message frequency varies based on your quote and service activity with the applicable business.
• Message and data rates may apply.
• Reply STOP to unsubscribe from SMS communications where supported.
• Reply HELP for assistance where supported.
• Opting out of SMS does not automatically cancel an estimate, quote, appointment, service, or other relationship with the applicable service business.
• Only opt in using a mobile number you are authorized to use. Wireless carriers, message providers, and telecommunications services may process messages as necessary for transmission. Carriers are not liable for delayed or undelivered messages.

For more information about how mobile phone numbers and SMS consent records are collected, used, and protected, see the Tallyvis Privacy Policy.

Questions about the SMS program may be submitted to kyle@tallyvis.com, or through the contact information provided on Tallyvis.com. See Section 24 (“Contact”) below.

8. Google and Third-Party Integrations

Tallyvis may allow users to connect services provided by Google or other third parties.

Use of these integrations may be subject to additional terms and privacy policies maintained by those third parties.

When connecting a third-party service, you authorize Tallyvis to access and process information permitted by the authorization you grant for the purpose of providing the requested integration and related Tallyvis functionality.

Tallyvis’s use of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.

Users may disconnect supported integrations or revoke authorization through the applicable third-party service.

9. Acceptable Use

You may not use Tallyvis to:

• Violate applicable laws or regulations
• Infringe intellectual property or privacy rights
• Access another person’s account without authorization
• Distribute malware or malicious code
• Interfere with the security or operation of the Services
• Attempt to bypass authentication or security controls
• Probe or exploit vulnerabilities without written authorization
• Use automated systems to overload or disrupt the Services
• Misrepresent AI-generated information as independently verified when it has not been verified
• Use the Services for fraudulent, deceptive, or unlawful activity
• Attempt to reverse engineer the Services except where applicable law expressly permits it

We may suspend or restrict access when reasonably necessary to protect Tallyvis, its users, customers, infrastructure, or third parties.

10. Subscription Plans and Fees

Certain Tallyvis features require a paid subscription or other payment.

Pricing, available features, usage limits, setup charges, trial periods, and other commercial terms will be displayed when purchasing a plan or otherwise communicated before a charge is authorized.

Unless otherwise stated, recurring subscriptions automatically renew for additional billing periods until canceled.

You authorize Tallyvis and its payment processor to charge the applicable payment method for fees associated with your account.

11. Free Trials

Tallyvis may offer free trials.

Trial duration, eligibility, feature availability, and conversion to a paid subscription may be subject to conditions displayed when the trial begins.

Unless otherwise disclosed during signup, access to paid functionality may end when a trial expires if a paid subscription has not been established.

Tallyvis may modify or discontinue promotional trial offers for future users.

12. Cancellation

You may cancel a recurring subscription using available account-management functionality or by contacting Tallyvis.

Cancellation generally prevents future renewal charges but does not automatically entitle you to a refund for amounts already paid, except where required by law or expressly provided by Tallyvis.

13. Intellectual Property

Tallyvis and its licensors retain all rights in the Services, including software, interfaces, branding, designs, documentation, models, systems, and other technology, except for content owned by users or third parties.

These Terms grant you a limited, non-exclusive, non-transferable right to use the Services while your account is authorized and in compliance with these Terms.

“Tallyvis,” its logos, branding, and associated marks may not be used without authorization except as permitted by applicable law.

14. Feedback

If you voluntarily provide suggestions, ideas, or feedback regarding Tallyvis, you grant Tallyvis permission to use that feedback to develop and improve the Services without an obligation to compensate you.

This provision does not transfer ownership of your confidential business information or customer data to Tallyvis.

15. Service Availability

We work to maintain reliable Services, but uninterrupted availability cannot be guaranteed.

Tallyvis may occasionally be unavailable because of:

• Maintenance
• Software updates
• Infrastructure failures
• Third-party outages
• Security incidents
• Internet disruptions
• Events outside our reasonable control

Features may also change as Tallyvis evolves.

16. Beta and Experimental Features

Certain features may be identified as beta, preview, experimental, or early access.

Such features may contain errors, change substantially, or be discontinued.

You should not rely on experimental functionality for critical operations without appropriate independent safeguards.

17. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TALLYVIS DOES NOT GUARANTEE THAT THE SERVICES, AI OUTPUTS, ESTIMATES, OBSERVATIONS, OR OTHER RESULTS WILL ALWAYS BE ACCURATE, COMPLETE, AVAILABLE, SECURE, OR ERROR-FREE.

TALLYVIS DOES NOT PROVIDE LEGAL, TAX, ACCOUNTING, ENGINEERING, INSURANCE, OR OTHER PROFESSIONAL ADVICE THROUGH THE SERVICES.

Some jurisdictions do not allow certain warranty disclaimers, so portions of this section may not apply to you.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TALLYVIS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, OR LOST DATA ARISING FROM OR RELATING TO THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TALLYVIS’S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT PAID BY YOU TO TALLYVIS DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply only to the extent permitted by applicable law.

19. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Tallyvis and its owners, officers, employees, contractors, and affiliates from claims, damages, liabilities, and reasonable expenses arising from your unlawful use of the Services, violation of these Terms, violation of another person’s rights, or services you provide to your own customers.

20. Termination

You may stop using Tallyvis at any time.

Tallyvis may suspend or terminate access when reasonably necessary because of:

• Material violation of these Terms
• Fraudulent or unlawful activity
• Security threats
• Nonpayment
• Abuse of the Services
• Legal or regulatory requirements

Where reasonable and appropriate, we may provide notice or an opportunity to resolve the issue.

Sections that by their nature should survive termination will remain effective after termination.

21. Changes to These Terms

We may update these Terms as Tallyvis develops.

The updated Terms will display a revised “Last Updated” date.

For material changes, we may provide additional notice where appropriate or required by law.

Continued use of the Services after revised Terms become effective constitutes acceptance to the extent permitted by applicable law.

22. Governing Law

These Terms will be governed by applicable United States law and the law of the state in which Tallyvis is legally established, without regard to conflict-of-law principles, except where applicable consumer-protection law requires otherwise.

23. Entire Agreement

These Terms, together with the Tallyvis Privacy Policy and any additional terms expressly applicable to a particular service or subscription, constitute the agreement governing your use of the Services.

If any provision is found unenforceable, the remaining provisions will remain in effect to the extent permitted by law.

24. Creator / Affiliate Program

TallyVis operates an optional Founding Creator Program under which approved creators receive a unique referral link and may earn a recurring commission on subscription revenue from businesses they refer, for a limited period, as described in the program terms provided to each participating creator. Participation is by invitation/application and may be modified, paused, or ended by TallyVis at its discretion, including as to future referrals. A creator promoting TallyVis is responsible for clearly and conspicuously disclosing their material connection to TallyVis in accordance with applicable advertising and endorsement guidance wherever they promote their referral link.

25. Contact

Questions regarding these Terms may be submitted through the contact information provided on TallyVis.com.

Website: tallyvis.com

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