Service Agreement

Version 1.0 · Last updated June 19, 2026 · Tally Technologies LLC

This Service Agreement (the “Agreement”) governs your subscription to Tally's AI receptionist services. By signing your Tally order electronically, accepting a Tally quote, or otherwise using the services, you agree to this Agreement. If you are agreeing on behalf of a business, you represent that you are authorized to bind it. The specific plan, pricing, implementation fee, and any discounts for your business are set out on your order.

1. Definitions

Services / Platform means the AI receptionist services Tally makes available under your selected plan, together with the Tally dashboard, software, and related tools. Plan means the subscription tier (Starter, Growth, or Pro) selected on your order. Customer Data means the information, contact lists, telephone numbers, business details, scripts, and other data you provide or that is generated through your use of the services, including data about your clients and callers (“End Customers”). Messaging Services means the voice calls and SMS/text messages placed or sent through the services using your business identity and telephone numbers. AI Output means any content, responses, transcriptions, summaries, or estimates generated by the artificial-intelligence components of the services.

2. Services and onboarding

Subject to your compliance with this Agreement and payment of all fees, Tally will provide the services described for your selected plan. Tally configures the services based on the information you provide during onboarding; you are responsible for the accuracy and completeness of your business information, hours, services, pricing, scripts, and preferences, and for promptly notifying us of changes. Tally may modify, add, or discontinue features over time and will use reasonable efforts to give advance notice of material changes; we will not materially reduce the core functionality of a paid plan during a paid term without notice. Certain features may be offered on a beta or early-access basis and are provided “as is.”

3. Your responsibilities; consent and telecommunications compliance

You will use the services only for lawful purposes and in compliance with all applicable laws, regulations, and carrier and industry requirements. The services place telephone calls and send text messages to your End Customers using your business identity and telephone numbers. You are solely responsible for obtaining and maintaining all legally required consents (including prior express consent or prior express written consent where required) from each recipient before any call or message is placed or sent; for honoring all opt-out, “STOP,” and do-not-contact requests; and for complying with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, applicable state telemarketing and privacy laws, CTIA messaging principles, and A2P 10DLC registration and carrier requirements. You represent and warrant that all telephone numbers and contact lists you provide, or that arise from your operations, were obtained with all consents required by law. You are responsible for the scripts and content you provide, for any notices and consents required where calls are recorded or transcribed, for the confidentiality of your account credentials, and for the activity of your users. The services assist your business but do not replace your own business judgment.

4. AI, telephony, and messaging disclaimers

AI Output is generated automatically and may be inaccurate, incomplete, or unexpected; you are responsible for reviewing it and should not rely on it as professional, legal, financial, or medical advice. Voice and message delivery depends on third-party carriers and networks, and Tally does not guarantee that any call or message will be delivered, delivered on time, or free of filtering, blocking, or throughput limits. Any projected revenue, estimates, analytics, or examples are illustrative only, and Tally does not guarantee any particular volume of calls, bookings, revenue, accuracy, or uninterrupted availability.

5. Fees, billing, and taxes

You will pay the fees for your selected plan as set out on your order. Any one-time implementation (setup) fee is due as indicated on your order and is non-refundable once onboarding has begun. Calls beyond your plan’s included monthly volume are billed at $0.75 per additional call, charged in arrears on your next invoice. You authorize Tally and its payment processor (Stripe) to store your payment method and to charge it for all fees due under this Agreement, including recurring monthly subscription fees in advance and overage and other charges in arrears. Where your order specifies a go-live date or deferred start, recurring billing and the implementation fee begin when your account goes live, not when you sign. Subscriptions renew automatically each month until terminated. Tally may change fees on at least thirty (30) days’ notice, effective the next billing cycle. Fees exclude taxes, which are your responsibility. Except as expressly stated or required by law, fees are non-refundable, including for partial months and unused call volume. If a charge fails or a payment is overdue, Tally may suspend the services, assess interest on overdue amounts at the lesser of 1.5% per month or the maximum permitted by law, and recover reasonable costs of collection.

6. Term and termination

This Agreement begins on the effective date of your order and continues month-to-month until terminated. Either party may terminate for convenience on at least thirty (30) days’ written notice, effective at the end of the then-current billing month. Either party may terminate for cause if the other materially breaches and fails to cure within ten (10) days of notice; Tally may suspend or terminate immediately for non-payment, suspected unlawful or abusive use, or use that creates risk to Tally, its vendors, or third parties. On termination, your right to use the services ends and all accrued fees become due; you may request export of your Customer Data within thirty (30) days, after which Tally may delete it in the ordinary course. Provisions that by their nature should survive termination will survive.

7. Third-party services

The services rely on third-party providers, which may include (without limitation) ElevenLabs (voice), Twilio (telephony and messaging), Anthropic (AI models), Stripe (payments), and Square or similar booking/point-of-sale systems where integrated. Tally does not control these providers and is not responsible for their acts, omissions, availability, changes, or outages, and your use of dependent features may be subject to their terms.

8. Intellectual property

Tally and its licensors own all right, title, and interest in the Platform, software, models and configurations, documentation, and related intellectual property, and Tally grants you a limited, non-exclusive, non-transferable, revocable right to access and use the services during the term for your internal business purposes. As between the parties, you own your Customer Data and grant Tally a non-exclusive, worldwide license to host, process, and use it to provide, maintain, secure, and improve the services, and to create de-identified and aggregated data that does not identify you or any End Customer. Any feedback you provide may be used without restriction. You will not copy, modify, reverse engineer, resell, sublicense, scrape, or create derivative works from the services, use them to build a competing product, or remove proprietary notices.

9. Confidentiality

Each party may receive the other’s non-public information (“Confidential Information”) and will use it only to perform under this Agreement, protect it with at least reasonable care, and not disclose it except to personnel and advisors with a need to know who are bound by confidentiality obligations. This section does not apply to information that is public through no fault of the receiving party, independently developed, or required to be disclosed by law (with notice where permitted).

10. Data protection and privacy

As between the parties, you determine the purposes for which your Customer Data and End Customer data are processed, and Tally processes such data on your behalf to provide the services. You are responsible for providing all required privacy notices to, and obtaining all required consents from, your End Customers regarding the collection, calling, messaging, recording, and processing of their information. Tally maintains commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data; however, no method of transmission or storage is completely secure, and Tally does not guarantee absolute security. Tally will notify you without undue delay after becoming aware of a confirmed breach of security leading to unauthorized access to Customer Data in Tally’s control. Our handling of personal information is further described in our Privacy Policy.

11. Warranties and disclaimers

Each party represents that it has the authority to enter into this Agreement.

Except as expressly stated in this Agreement, the services, platform, and AI Output are provided “as is” and “as available,” and Tally disclaims all warranties, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty regarding accuracy, reliability, uptime, message or call deliverability, or results. Your use of the services is at your own risk.

12. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for any lost profits, revenue, business, data, or goodwill, even if advised of the possibility of such damages. To the maximum extent permitted by law, Tally’s total aggregate liability arising out of or relating to this Agreement will not exceed the total fees paid by you to Tally in the three (3) months immediately preceding the event giving rise to the claim.

13. Indemnification

You will defend, indemnify, and hold harmless Tally and its owners, officers, employees, and agents from and against any third-party claims, and any resulting losses, damages, liabilities, fines, penalties, and reasonable attorneys’ fees, arising out of or relating to: (i) your use of the services; (ii) your Customer Data, content, scripts, or contact lists; (iii) communications with or claims by your End Customers; (iv) your violation of any law or regulation, including the TCPA, CAN-SPAM, telemarketing, consent, or privacy laws; or (v) your breach of this Agreement. Tally will defend you against third-party claims alleging that the Platform (excluding Customer Data and third-party services) directly infringes a U.S. intellectual-property right, and will pay resulting damages finally awarded; Tally may, at its option, modify or replace the affected feature or terminate the affected services and refund any pre-paid, unused fees. This is Tally’s entire liability for infringement.

14. Force majeure

Neither party is liable for any delay or failure to perform (other than payment obligations) due to causes beyond its reasonable control, including acts of God, outages, carrier or vendor failures, labor disputes, governmental action, or network or internet failures.

15. General

This Agreement is governed by the laws of the State of Utah, without regard to conflict-of-laws rules, and the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Salt Lake County, Utah, except that either party may seek injunctive relief in any court of competent jurisdiction. Before filing a claim, the parties will attempt in good faith to resolve any dispute informally for thirty (30) days after written notice. You may not assign this Agreement without Tally’s prior written consent; Tally may assign it to an affiliate or in connection with a merger, acquisition, or sale of assets. This Agreement, together with your order, is the entire agreement between the parties and supersedes all prior understandings on its subject matter; if there is a conflict, the order controls over this body. A failure to enforce any provision is not a waiver, and if any provision is held unenforceable it will be limited or severed and the remainder will remain in effect. The parties are independent contractors, and there are no third-party beneficiaries. You consent to transact electronically; this Agreement may be signed by electronic signature, and electronic records and signatures are valid and enforceable under the E-SIGN Act and applicable UETA.

Exhibit A — Plans and fees

Your selected plan, monthly price, implementation fee, and any discounts are set out on your order. Plans available: Starter, Growth, and Pro. Overage beyond a plan’s included monthly call volume is billed at $0.75 per call in arrears. Monthly subscription fees are charged in advance via Stripe to the payment method on file; where your order sets a go-live date or deferred start, billing begins at go-live. Subscriptions renew monthly until terminated. No long-term contract — cancel on thirty (30) days’ notice.

Exhibit B — Description of services

Depending on the selected plan, the services may include, as configured during onboarding: an AI voice receptionist that answers your calls 24/7 with a configured greeting, voice, and persona; missed-call text-back that texts callers a follow-up message and booking link (Growth and above); a two-way text inbox with human and, on eligible plans, AI-assisted replies (Growth and above; automated AI text replies on Pro); tracked booking links that route callers to your booking page and record clicks; a real-time call dashboard with activity, transcripts/summaries, and analytics, including revenue estimates and, where a booking or point-of-sale system is integrated, confirmed revenue and new-client tracking; appointment lookup and spam/transfer insights (Growth and above); self-service AI customization of voice, hours, services, and policies (Pro); team logins with role-based access; and onboarding configuration and customer support (email support on Starter; priority support on Pro). The specific features available are determined by the selected plan and feature availability at the time of use.

Electronic acceptance

By signing your Tally order electronically (typing your name and accepting), you agree to be bound by this Agreement as of your order’s effective date. Questions about this Agreement: sales@gettallyai.com or (801) 797-1771.