Venue Terms of Service

Tally provides a card-linked loyalty, rewards, customer insights, and venue engagement platform.

The Venue Services allow participating restaurants, bars, hospitality venues, merchants, and other businesses (each, a “Participating Venue”) to onboard through Tally’s website, create loyalty programs, configure rewards, view eligible customer activity, understand visits and spend, manage redemptions, invite or manage authorized staff, access billing tools, and use related venue engagement tools.

Tally is not a bank, payment processor, gift card issuer, money transmitter, credit provider, financial advisor, or point-of-sale provider. Tally does not process in-person customer payments at your Venue and does not guarantee customer traffic, revenue, sales lift, repeat visits, or return on investment.

You may use the Venue Services only if:

• you are a legally operating business;
• you have authority to enter into these Venue Terms;
• your use of the Venue Services is not prohibited by applicable law;
• you provide accurate business, ownership, authorized representative, billing, venue onboarding, and account information;
• you comply with these Venue Terms and all applicable laws; and
• your Venue is approved by Tally.

Tally may approve, reject, suspend, or remove any Venue from the Services at any time, including if we believe the Venue creates legal, reputational, operational, safety, fraud, payment, privacy, or compliance risk.

If your Venue serves alcohol, operates nightlife services, hosts age-restricted events, or offers age-restricted products or promotions, you are responsible for complying with all applicable licensing, age verification, advertising, alcohol, consumer protection, and venue-entry laws.

You are responsible for all activity that occurs through your Venue account, website onboarding flow, dashboard, staff accounts, credentials, integrations, billing pages, and authorized users.

You agree to:

• provide accurate and current Venue information;
• keep login credentials secure and not share credentials between staff members;
• limit website, dashboard, billing, customer information, and administrative access to authorized personnel only;
• promptly remove or update access for employees, contractors, staff, managers, or administrators who no longer need access or whose role changes;
• notify Tally promptly of unauthorized access or suspected misuse;
• ensure your staff comply with these Venue Terms;
• use the Venue Services only for legitimate business purposes related to your Venue;
• assign appropriate permissions to staff and administrators where role-based access is available;
• monitor staff use of the dashboard and customer information; and
• ensure each authorized person uses their own login where individual accounts are available.

You are responsible for the acts and omissions of your employees, contractors, agents, representatives, staff, and anyone else who accesses the Venue Services through your account.

Tally may suspend, restrict, or terminate website, onboarding, billing, or dashboard access if we believe your account has been compromised, misused, accessed in violation of these Venue Terms, or used in a way that creates customer data, privacy, security, payment, or compliance risk.

4.1 Customer Information Available Through Tally

Tally may make certain customer information available to you through the Venue Services when a Tally user shops at, earns rewards from, redeems rewards with, participates in a challenge or group connected to, appears on a leaderboard for, or otherwise interacts with your Venue through Tally.

This may include, depending on the feature:

• customer name;
• email address;
• phone number;
• username;
• profile photo;
• Tally user ID;
• visit history at your Venue;
• eligible transaction activity at your Venue;
• transaction date, time, amount, and merchant information;
• points and rewards activity;
• status, streak, and milestone information;
• leaderboard activity;
• challenge participation;
• group activity;
• reward redemptions;
• fraud prevention or support information; and
• other information reasonably needed to operate Tally features for your Venue.

You acknowledge that customer information made available through Tally is sensitive and must be handled carefully. Tally may monitor, log, audit, and review Venue dashboard activity, including access to customer information, customer lookup/view activity, reward configuration, redemption management, staff/admin actions, billing activity, and related usage, for security, fraud prevention, compliance, support, product integrity, and enforcement purposes.

4.2 Permitted Use of Customer Information

You may use Tally-provided customer information only for purposes permitted by these Venue Terms, including:

• operating your Tally loyalty program;
• configuring, managing, and honoring rewards;
• verifying and processing redemptions;
• understanding customer activity connected to your Venue;
• supporting customer service related to your Tally program;
• managing challenges, groups, leaderboards, campaigns, or venue engagement features;
• preventing fraud, abuse, or unauthorized reward activity;
• improving your customer experience; and
• using Tally features as intended.

You may not use Tally-provided customer information for unrelated purposes.

4.3 No Export, Scraping, or Copying of Contact Information

Unless Tally expressly provides export functionality and the use is permitted by applicable law and your agreement with Tally, you may not export, scrape, copy, download, photograph, screenshot, harvest, store outside Tally, transfer, sell, license, share, or otherwise remove Tally-provided customer email addresses, phone numbers, or other personal information from the Venue Services.

You may not use manual processes, browser extensions, bots, scripts, APIs, third-party tools, screenshots, screen recordings, photographs, shared logins, or other methods to extract customer information from Tally.

4.4 No Unauthorized Marketing Outside Tally

You may not use Tally-provided email addresses, phone numbers, or other contact information to send marketing emails, SMS messages, text messages, calls, push notifications, direct mail, or other commercial messages outside of Tally unless you have obtained all legally required consents and comply with all applicable laws.

This includes, without limitation, laws relating to email marketing, SMS marketing, telemarketing, privacy, consumer protection, anti-spam, and commercial electronic messages.

If you send commercial electronic messages, you are responsible for ensuring that you have valid consent, required sender identification, required contact information, required unsubscribe mechanisms, and records proving consent where required.

4.5 No Sale or Misuse of Customer Information

You may not sell, rent, license, disclose, share, transfer, broker, trade, or otherwise monetize Tally-provided customer information.

You may not combine Tally-provided customer information with data from other sources to create, enrich, resell, or transfer customer profiles except as expressly permitted by Tally in writing.

You may not use Tally-provided customer information for credit, employment, housing, insurance, eligibility decisions, background checks, profiling unrelated to your Tally program, or any unlawful, discriminatory, harmful, or invasive purpose.

4.6 Security Requirements

You must use reasonable administrative, technical, and physical safeguards to protect Tally-provided customer information from unauthorized access, use, disclosure, alteration, loss, or destruction, including limiting access to authorized staff, removing access when no longer needed, preventing credential sharing, and supervising staff access to customer information.

You must promptly notify Tally at privacy@tallyrewards.com if you suspect or become aware of unauthorized access, disclosure, misuse, loss, breach, or compromise involving Tally-provided customer information or your Venue account.

You agree to cooperate with Tally in investigating and remediating any security, privacy, fraud, or compliance issue.

4.7 Deletion and Return of Data

Upon termination of your Venue account, termination of these Venue Terms, or Tally’s request, you must stop using Tally-provided customer information and delete or return any such information that you obtained outside the Tally dashboard, unless retention is required by law or expressly permitted by Tally in writing. Tally may also disable your access to customer information, dashboard tools, billing pages, or venue-facing features after termination or suspension.

4.8 Aggregated or De-Identified Insights

Tally may provide aggregated, anonymized, de-identified, or statistical insights through the Venue Services or related business services. This restriction does not prevent you from using customer information that Tally expressly makes available to your Venue through the Venue Services for permitted Tally-related purposes. However, you may not attempt to identify, re-identify, contact, profile, target, or single out any individual from aggregated, anonymized, de-identified, or statistical insights unless expressly permitted by Tally in writing and allowed by applicable law.

You are responsible for complying with all laws that apply to your business and your use of the Venue Services, including privacy, data protection, consumer protection, anti-spam, email, SMS, telemarketing, advertising, alcohol, age-restriction, contest, sweepstakes, promotion, and gift card laws.

You agree that:

• you will not use the Venue Services to violate any law or third-party right;
• you will not make false, misleading, deceptive, or unlawful statements to customers;
• you will not use Tally to send or facilitate unlawful marketing communications;
• you will maintain any legally required privacy notices, consents, records, disclosures, and opt-out mechanisms for your own independent activities;
• you will comply with all applicable rules for age-restricted venues, products, rewards, events, and promotions; and
• you will not use Tally-provided data in a way that conflicts with Tally’s Privacy Policy or consumer-facing disclosures.

Tally may require you to provide information, records, or certifications showing compliance with these Venue Terms or applicable law.

You are responsible for all rewards, offers, discounts, perks, gift cards, promotions, challenges, events, and redemption experiences that you create, configure, approve, or make available through Tally for your Venue.

You agree that:

• your rewards and offers will be truthful, accurate, and not misleading;
• you will clearly honor any reward, offer, or promotion that is active and valid under its stated terms;
• you will comply with all applicable laws relating to promotions, gift cards, expiration dates, consumer protection, taxes, alcohol, age restrictions, contests, and advertising;
• you will train appropriate staff on how to process Tally redemptions;
• you will not create rewards that are unlawful, unsafe, deceptive, discriminatory, or impossible to honor;
• you will not use Tally to promote illegal products, illegal services, or prohibited activities; and
• you will promptly notify Tally if a reward, offer, or redemption issue occurs.

Tally may reject, remove, modify, suspend, or disable any reward, offer, challenge, promotion, campaign, or venue content if we believe it violates these Venue Terms, applicable law, platform policies, customer trust, or Tally’s business interests.

6.1 Redemption Responsibility

You are responsible for honoring eligible redemptions made by customers at your Venue, subject to the terms of the applicable reward and applicable law.

You may not refuse an eligible redemption because of staff confusion, lack of training, or internal operational issues. If there is a dispute about eligibility, you agree to work in good faith with Tally and the customer to resolve it.

6.2 Reward Changes

You may modify or discontinue rewards according to the tools and rules Tally makes available, but you may not retroactively remove or change rewards in a way that is unfair, deceptive, unlawful, or inconsistent with commitments already made to customers.

Tally may require notice, transition periods, or customer-facing disclosures for reward changes.

You may submit or upload Venue content, including business names, logos, photos, descriptions, menus, reward descriptions, offer copy, event details, campaign materials, and other content (“Venue Content”).

You retain ownership of your Venue Content. By providing Venue Content to Tally, you grant Tally a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to host, store, reproduce, display, publish, distribute, modify, adapt, and use Venue Content to operate, provide, promote, and improve the Services, including to display your Venue in the Tally app, website, dashboards, marketing materials, sales materials, and customer communications.

You represent and warrant that:

• you own or have the rights needed to provide the Venue Content;
• the Venue Content is accurate, lawful, and not misleading;
• the Venue Content does not infringe, misappropriate, or violate any third-party rights;
• the Venue Content does not contain harmful code, spam, or unlawful material; and
• your promotions, offers, and claims comply with applicable law.

Tally may remove or modify Venue Content if we believe it violates these Venue Terms or may create risk for Tally, users, venues, or third parties.

8.1 Venue Fees

You agree to pay all fees associated with your Venue Services plan, website onboarding, order form, subscription, usage, launch support, onboarding, or other paid services.

Unless otherwise agreed in writing, Venue subscriptions are billed from the start of your Venue’s paid plan and may be billed monthly, annually, or on another billing cycle specified by Tally.

Tally may offer different pricing tiers, founding partner pricing, discounts, trials, pilots, or promotional pricing at its discretion.

8.2 Payment Processing

Tally may use Stripe or other payment providers to process Venue payments. By providing payment information or using paid Venue Services, you authorize Tally and its payment providers to charge your payment method for applicable fees, taxes, renewals, and other amounts owed.

Your use of Stripe or another payment provider may be subject to that provider’s own terms and policies.

8.3 Auto-Renewal

Unless otherwise stated in an order form or agreed in writing, Venue subscriptions may automatically renew until canceled. You are responsible for canceling before the next billing period if you do not want the subscription to renew.

8.4 Late Payments

If payment fails or fees are overdue, Tally may suspend or restrict access to the Venue Services, remove your Venue from customer-facing features, pause rewards, charge late fees where permitted, or terminate your Venue account.

You are responsible for reasonable costs of collection, including attorneys’ fees, where permitted by law.

8.5 Taxes

Fees do not include taxes unless stated otherwise. You are responsible for all applicable taxes, duties, levies, and governmental charges, except taxes based on Tally’s income.

8.6 Refunds

Except where required by law or expressly agreed in writing, Venue fees are non-refundable.

Tally may provide website onboarding, launch support, staff training materials, reward setup assistance, dashboard access through tallyrewards.com, reporting, customer insights, marketing support, billing tools, or other services depending on your plan or arrangement with Tally.

Tally may modify, suspend, discontinue, replace, or limit any part of the Venue Services at any time, subject to applicable law and any written agreement between you and Tally.

Tally does not guarantee that:

• the Venue Services, tallyrewards.com, venue onboarding forms, billing pages, or venue dashboard will always be available, uninterrupted, secure, accurate, or error-free;
• every transaction will be detected or matched;
• every customer will link a card or account;
• your Venue will gain customers, sales, repeat visits, revenue, or profit;
• customer data, insights, or analytics will be complete or perfectly accurate;
• rewards or campaigns will perform as expected; or
• any particular result will occur.

Tally is an early-stage product and may change frequently.

You are solely responsible for your goods, services, prices, staff, operations, venue policies, entry decisions, safety, customer service, refunds, taxes, and compliance with applicable law.

Tally is not responsible for disputes between you and customers, including disputes relating to:

• food, drinks, goods, services, events, or experiences;
• venue entry, capacity, age restrictions, dress code, or safety;
• staff conduct;
• customer conduct;
• pricing, refunds, or charges made outside Tally;
• reward redemption experiences;
• offer terms; or
• customer dissatisfaction with your Venue.

You agree to handle customer disputes professionally and in good faith. Tally may assist with Tally-related reward or redemption issues but has no obligation to resolve disputes between you and customers.

You agree not to:

• use the Venue Services in violation of law, regulation, or third-party rights;
• provide false, inaccurate, misleading, or fraudulent Venue information;
• create deceptive, unlawful, unsafe, or misleading rewards, campaigns, or offers;
• misuse, export, scrape, sell, or improperly disclose Tally-provided customer information;
• send unauthorized marketing communications using Tally-provided data;
• attempt to gain unauthorized access to Tally systems, customer accounts, or other venue accounts;
• interfere with the security, integrity, availability, or operation of the Services;
• use bots, scripts, scraping tools, or automation to extract data or manipulate the Services;
• reverse engineer, decompile, disassemble, or attempt to derive source code from the Services except where prohibited by law;
• upload malware, harmful code, or unlawful content;
• use the Venue Services to promote illegal products, illegal services, unlawful gambling, prohibited substances, or unlawful activities;
• discriminate unlawfully against customers or users;
• damage Tally’s reputation or customer trust; or
• encourage, assist, or enable anyone else to do any of the above.

The Venue Services, including software, technology, dashboards, data models, designs, text, graphics, logos, trademarks, service marks, workflows, reports, analytics formats, documentation, and other content, are owned by Tally or our licensors and are protected by intellectual property and other laws.

Subject to your compliance with these Venue Terms and payment of applicable fees, Tally grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Venue Services for your internal business purposes.

Except for this limited right, no rights are granted to you. You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, or create derivative works based on the Venue Services unless Tally expressly allows it in writing or applicable law permits it.

If you submit ideas, suggestions, comments, improvements, or other feedback about Tally, you agree that Tally may use them without restriction or compensation to you.

You grant Tally a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, distribute, display, and otherwise exploit feedback for any purpose.

The Venue Services may depend on or integrate with third-party services, including Stripe, Plaid, Apple, PostHog, Cloudflare, Infisical, PlanetScale, payment providers, financial institutions, analytics providers, infrastructure providers, communication providers, and other service providers.

Tally does not control and is not responsible for third-party services, third-party terms, third-party privacy practices, third-party availability, third-party errors, or third-party acts or omissions.

Your use of third-party services may be subject to separate terms, policies, fees, and legal requirements.

You may receive non-public information about Tally, the Services, customers, pricing, technology, strategy, product plans, or business operations (“Confidential Information”).

You agree to:

• use Confidential Information only to use the Venue Services as permitted;
• protect Confidential Information using reasonable care;
• not disclose Confidential Information to third parties except as authorized by Tally; and
• promptly notify Tally of unauthorized disclosure or access.

Confidential Information does not include information that is publicly available through no fault of yours, independently developed without use of Tally’s Confidential Information, or lawfully received from a third party without confidentiality obligations.

Customer information made available through Tally is Confidential Information and is also subject to the data restrictions in these Venue Terms.

Tally may suspend, restrict, or terminate your access to the Venue Services at any time, with or without notice, if:

• you violate these Venue Terms;
• you fail to pay amounts owed;
• we suspect fraud, abuse, security issues, unauthorized access, or unlawful activity;
• you misuse customer information;
• you send unauthorized marketing communications;
• you fail to honor eligible rewards or redemptions;
• you create legal, privacy, payment, operational, safety, reputational, or customer trust risk;
• required by law, regulation, court order, governmental request, payment provider, platform provider, or service provider;
• your Venue becomes inactive, closes, changes ownership, or no longer qualifies for the Services; or
• continued operation of the Venue Services is no longer practical.

Upon suspension or termination, Tally may remove your Venue from customer-facing features, pause rewards, restrict dashboard access, disable campaigns, stop transaction matching for your Venue, and take other steps reasonably necessary to protect Tally, users, and the Services.

Termination does not relieve you of payment obligations incurred before termination or obligations that should reasonably survive, including data restrictions, confidentiality, intellectual property, payment obligations, disclaimers, limitation of liability, indemnity, governing law, and dispute provisions.

To the fullest extent permitted by law, the Venue Services are provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, statutory, or otherwise.

Tally disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, reliability, security, and results.

Tally does not guarantee:

• uninterrupted, secure, accurate, or error-free Venue Services, website access, onboarding flow, billing page, or dashboard access;
• customer acquisition, retention, repeat visits, revenue, profit, sales lift, or ROI;
• accuracy or completeness of transaction matching, customer insights, analytics, dashboards, or reports;
• that any particular customer will use Tally, link a card, redeem rewards, or return to your Venue;
• that the Venue Services will meet your business needs;
• that third-party providers will always be available or error-free; or
• that any defects, bugs, or issues will always be corrected.

Some jurisdictions do not allow certain disclaimers, so some of the above may not apply.

To the fullest extent permitted by law, Tally and its officers, directors, employees, affiliates, agents, licensors, partners, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, or for any loss of profits, revenues, goodwill, data, use, business, opportunity, or reputation, arising out of or related to the Venue Services or these Venue Terms, even if Tally has been advised of the possibility of such damages.

To the fullest extent permitted by law, Tally’s total liability for any claim arising out of or relating to the Venue Services or these Venue Terms will not exceed the amount you paid to Tally for Venue Services in the three months before the event giving rise to the claim.

The limitations in this section apply to all theories of liability, including contract, tort, negligence, strict liability, warranty, statute, or otherwise.

Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply.

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Tally and its affiliates, officers, directors, employees, agents, licensors, partners, and service providers from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

• your use of the Venue Services;
• your Venue, goods, services, events, staff, operations, or customer relationships;
• your Venue Content;
• your rewards, offers, promotions, campaigns, redemptions, or loyalty program;
• your violation of these Venue Terms;
• your violation of applicable law;
• your violation of third-party rights;
• your misuse, unauthorized disclosure, or improper handling of customer information;
• your unauthorized marketing communications;
• your fraud, abuse, misconduct, negligence, or willful misconduct;
• customer disputes involving your Venue; or
• taxes, fees, refunds, charges, or obligations related to your Venue.

Tally reserves the right to control the defense of any matter subject to indemnification, and you agree to cooperate with our defense.

Please contact us first if you have a dispute. Most concerns can be resolved by emailing privacy@tallyrewards.com or any business support contact we make available.

Before filing a formal claim, you agree to first try to resolve the dispute informally by contacting Tally with your business name, account email, a description of the dispute, and the relief you seek. If we cannot resolve the dispute within 30 days after receiving your notice, either party may proceed with a formal claim.

Nothing in this section prevents either party from seeking emergency injunctive or equitable relief where appropriate.

These Venue Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles, except to the extent applicable law requires otherwise.

The parties agree that any dispute arising out of or relating to these Venue Terms or the Venue Services will be brought in the state or federal courts located in Delaware, unless applicable law requires another forum.

Tally may update these Venue Terms from time to time. If we make material changes, we will update the Effective Date and may provide notice through the dashboard, tallyrewards.com, email, or other reasonable means.

Your continued use of the Venue Services after updated Venue Terms become effective means you agree to the updated Venue Terms. If you do not agree to the updated Venue Terms, you must stop using the Venue Services.

You may not assign or transfer these Venue Terms, your Venue account, or your rights under these Venue Terms without Tally’s prior written consent.

Tally may assign or transfer these Venue Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, or by operation of law.

If your Venue changes ownership, management, location, legal entity, or material business operations, you must notify Tally. Tally may require a new account, new agreement, or updated approval.

These Venue Terms, together with any applicable online onboarding flow, order form, pricing terms, Privacy Policy, and additional terms that apply to specific features, form the entire agreement between you and Tally regarding the Venue Services.

If any part of these Venue Terms is found unenforceable, the remaining parts will remain in effect.

Our failure to enforce any provision of these Venue Terms is not a waiver of our right to do so later.

Headings are for convenience only and do not affect interpretation.

If you have questions about these Venue Terms, contact us at:

Tally Rewards, Inc.
1007 N Orange St., 4th Floor, #4890
Wilmington, DE 19801
New Castle County, United States
Email: privacy@tallyrewards.com