Terms of Service

Last updated: August 5, 2026

These Terms of Service (“Terms”) govern your access to and use of the Tally receptionist services. By using the services, accepting a Tally quote, or signing an order, you agree to these Terms. If you are agreeing on behalf of a business, you represent that you are authorized to bind it. If you have signed a Tally Service Agreement or order, that agreement and order control over these Terms to the extent of any conflict.

1. Who we are

The services are provided by Tally Technologies LLC, a Utah limited liability company (“Tally,” “we,” “us,” or “our”). “You” or “Customer” means the business that uses the services.

2. The services

Tally provides an AI receptionist platform for service businesses, which may include an AI voice receptionist (answering around the clock or only during the hours your plan covers, such as after-hours answering), missed-call text-back, a two-way and AI-assisted text inbox, tracked booking links, a real-time call dashboard and analytics, appointment lookup, and related tools, depending on the plan and any add-ons on your order. The features, call allotments, and text-message allotments included with your subscription are those stated on your order or plan description at the time of purchase. We may update, add, or discontinue features over time and will use reasonable efforts to give notice of material changes. Some features may be offered on an early-access basis and provided “as is.”

3. Fees, billing, and taxes

You agree to pay the fees for your selected plan and any add-ons as set out on your order. Subscription fees are billed monthly in advance through our payment processor (Stripe) to the payment method on file, and subscriptions renew automatically each month until cancelled. Plans include monthly call and/or text-message allotments as stated on your order. Usage beyond an included allotment is billed at the overage or top-up rates stated on your order or communicated in the dashboard at the time of purchase, charged in arrears or when you purchase a top-up. Any one-time setup or implementation fee is due as indicated on your order and is non-refundable once onboarding has begun. Where your order specifies a go-live date or deferred start, recurring billing begins when your account goes live. We may change fees on at least 30 days’ notice, effective the next billing cycle. Fees exclude taxes, which are your responsibility. Except where required by law or as expressly stated below, fees are non-refundable, including for partial months. If a payment fails or is overdue, we may suspend the services and recover reasonable collection costs.

Free trial. Where we offer a free trial, we will not charge your subscription fee during the trial and you may cancel any time before it ends without being charged. A valid payment method is required to start a trial. Unless you cancel first, your subscription continues automatically and the first monthly fee is charged on the day the trial ends; we will email you before that charge. Trials are limited to one per business and per payment method, and we may decline or revoke a trial for duplicate, automated, or abusive signups. You may cancel at any time during a free trial, effective immediately and with no notice period, and you will not be charged. To cancel, email sales@gettallyai.com from the address on your account, or reply to any email we have sent you — no particular wording is required and no reason need be given. A cancellation takes effect as of the time your email is sent, not the time we read it. Usage-based charges and top-up packs purchased during a trial, if any, are payable as incurred.

14-day money-back guarantee. As an express exception to the non-refundability rule above, if you are dissatisfied for any reason you may email sales@gettallyai.com within fourteen (14) days after your initial subscription charge and we will refund that charge in full — no reason required. This applies once per customer and covers only your first monthly subscription fee, not setup fees, usage charges, overages, or top-up packs. A refund request does not by itself cancel your subscription.

4. Your responsibilities; consent and messaging compliance

You will use the services only for lawful purposes and in compliance with all applicable laws and carrier requirements. The services place calls and send text messages to your customers using your business identity and phone numbers. You are solely responsible for obtaining and maintaining all legally required consents (including prior express or prior express written consent where required) before any call or message is sent, for honoring all opt-out and “STOP” 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 that all phone 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 accuracy of the business information and scripts you provide, for any required call-recording notices and consents, and for the security of your account and the actions of your users. The services assist your business but do not replace your own judgment, communications, or relationships with your customers.

5. Text messages from Tally (our SMS program)

This section covers the text messages Tally AI sends from its own business line, (801) 797-1771, to business owners and managers. It is separate from the messages the services send to your customers on your behalf, which are covered in Section 4.

Purpose and types of messages. Tally AI sends conversational, one-to-one messages: replies to setup, pricing, and account questions; a demo line or booking link you asked for; confirmation of a scheduled call with our team; and customer support for businesses already using Tally. We do not send automated bulk campaigns or marketing blasts from this line.

How you opt in. We text you only if you entered your mobile number and ticked the SMS consent box on a form at gettallyai.com, gave a Tally representative verbal permission during a call, or called or texted (801) 797-1771 first. Consent is not a condition of any purchase. Full details, including a replica of the consent checkbox, are at gettallyai.com/business-sms-opt-in.

Message frequency. Message frequency varies. These are one-to-one conversations rather than a recurring campaign, so there is no fixed number or schedule of messages.

Message and data rates. Message and data rates may apply, depending on your mobile carrier and plan. We are not responsible for any charges from your carrier.

Opt out, and how to get help. Reply STOP to any message to unsubscribe; you will receive one confirmation and no further messages from this line. Reply HELP for help. You can also contact us any time at sales@gettallyai.com or (801) 797-1771.

Privacy. Mobile phone numbers and SMS opt-in data will not be sold, rented, or shared with third parties, affiliates, or lead generators for marketing purposes, and no mobile information is shared with data brokers. See our Privacy Policy.

6. AI, telephony, and messaging disclaimers

Outputs generated by the AI may be inaccurate, incomplete, or unexpected, and are not professional, legal, financial, or medical advice; you are responsible for reviewing them. Voice and message delivery depends on third-party carriers and networks, and we do not guarantee that any call or message will be delivered, delivered on time, or free from filtering or throughput limits. Any projected revenue, estimates, or examples are illustrative only, and we do not guarantee any particular volume of calls, bookings, revenue, accuracy, or uninterrupted availability.

7. Third-party services

The services rely on third-party providers, which may include ElevenLabs, Twilio, Anthropic, Stripe, and Square or similar booking and point-of-sale systems. We do not control these providers and are not responsible for their acts, availability, changes, or outages, and your use of dependent features may be subject to their terms.

8. Intellectual property

We and our licensors own all rights in the platform, software, and related intellectual property, and we grant you a limited, non-exclusive, non-transferable right to use the services during your subscription for your internal business purposes. You retain ownership of your data and grant us a license to host, process, and use it to provide, secure, and improve the services and to create de-identified, aggregated data. Any feedback you provide may be used without restriction. You will not copy, reverse engineer, resell, scrape, or build a competing product from the services.

9. Your data and privacy

As between us, you control your customer data, and we process it on your behalf to provide the services. You are responsible for providing privacy notices to, and obtaining consents from, your customers regarding the calling, messaging, recording, and processing of their information. We maintain commercially reasonable safeguards, but no method of transmission or storage is completely secure and we cannot guarantee absolute security. Our handling of personal information is further described in our Privacy Policy.

10. Warranties and disclaimers

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

11. 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 lost profits, revenue, data, or goodwill. Tally’s total aggregate liability arising out of or relating to the services will not exceed the total fees you paid to Tally in the three (3) months before the event giving rise to the claim.

12. Indemnification

You will defend, indemnify, and hold harmless Tally and its owners, officers, employees, and agents from third-party claims and resulting losses, damages, fines, and reasonable attorneys’ fees arising from your use of the services; your data, content, scripts, or contact lists; communications with or claims by your customers; your violation of any law (including the TCPA, CAN-SPAM, telemarketing, consent, or privacy laws); or your breach of these Terms.

13. Term, cancellation, and suspension

These Terms apply for as long as you use the services. Service is month-to-month; either party may cancel on 30 days’ notice, effective at the end of the billing month, except that a free trial may be cancelled at any time, effective immediately, with no notice period. To cancel, email sales@gettallyai.com from the address on your account or reply to any email we have sent you. We may suspend or terminate immediately for non-payment, suspected unlawful or abusive use, or risk to us or our vendors. On termination, your access ends, accrued fees remain due, and you may request export of your data within 30 days, after which we may delete it in the ordinary course.

14. Governing law and disputes

These Terms are governed by the laws of the State of Utah, without regard to conflict-of-laws rules, and the parties consent to the exclusive jurisdiction of the state and federal courts located in Salt Lake County, Utah. Before filing a claim, the parties will attempt in good faith to resolve any dispute informally for 30 days after written notice.

15. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated by reasonable means, and your continued use after the effective date constitutes acceptance.

16. Electronic communications and signatures

You consent to receive communications and to transact electronically. Electronic records and signatures (including signing a Tally quote or order electronically) are valid and enforceable under the E-SIGN Act and applicable UETA.

17. Contact

Questions about these Terms: sales@gettallyai.com or (801) 797-1771.