Terms of Service

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

Tally allows users to participate in loyalty and rewards experiences offered by participating restaurants, bars, hospitality venues, merchants, and other businesses that use Tally (each, a “Participating Venue”). Depending on the features available, Tally may allow users to:

• create a Tally account and profile;
• link eligible payment cards or financial accounts through third-party providers such as Plaid;
• earn points, rewards, status, streaks, milestones, or other loyalty benefits based on eligible activity;
• participate in challenges, leaderboards, groups, referrals, social features, or venue campaigns;
• redeem eligible rewards at Participating Venues;
• receive venue-related messages, offers, or in-app experiences; and
• access other features that Tally makes available from time to time.

Tally is not a bank, payment card issuer, money transmitter, gift card issuer, credit provider, financial advisor, or payment processor. Tally does not hold customer funds and does not provide banking, credit, financial, or payment processing services.

You may use the Services only if:

• you can form a legally binding agreement with Tally;
• you are not prohibited from using the Services under applicable law;
• you are located in a jurisdiction where Tally offers the Services; and
• you comply with these Terms and all applicable laws.

Tally is not intended for children under 13. If you are under 13, you may not use the Services.

Certain Participating Venues, rewards, promotions, events, or features may be age-restricted, including bars, nightlife venues, alcohol-serving venues, or alcohol-related promotions. You are responsible for complying with all applicable age restrictions, venue rules, and laws. Tally and Participating Venues may restrict access to certain venues, rewards, promotions, or features based on age, location, venue requirements, or applicable law.

Tally currently operates in the United States and Canada, but availability may vary by location, venue, feature, device, and account status.

You may need to create an account to use the Services. You agree to provide accurate, complete, and current information and to keep your account information updated.

You are responsible for:

• maintaining the confidentiality of your login credentials and verification methods;
• all activity that occurs under your account;
• keeping your device and account secure;
• promptly notifying us if you believe your account has been compromised; and
• ensuring that your use of the Services complies with these Terms.

You may not create an account using false information, impersonate another person, create an account for someone else without authorization, or use another person’s account without permission.

We may reject, suspend, restrict, or terminate an account if we believe the account information is inaccurate, incomplete, fraudulent, abusive, unlawful, or otherwise violates these Terms.

Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, disclose, and protect personal information.

Tally is designed to help users earn rewards at Participating Venues and help Participating Venues understand, reward, and engage with their customers. By using Tally, including by linking a card or account, shopping at a Participating Venue, earning rewards, redeeming rewards, joining a challenge or group, appearing on a leaderboard, or otherwise interacting with a Participating Venue through Tally, you acknowledge that Tally may share information with that Participating Venue as described in the Privacy Policy.

This may include your name, email address, phone number, username, profile photo, Tally user ID, reward activity, venue visit history, eligible transaction activity at that Participating Venue, points, status, leaderboard activity, challenge participation, group activity, reward redemptions, and related loyalty or engagement information.

Participating Venues do not receive your online banking login credentials, full financial account credentials, or full card numbers from Tally.

If you do not want Tally to share relevant information with Participating Venues as described in the Privacy Policy, you should not use the Services.

Some Tally features require you to link an eligible payment card, bank account, or financial account through a third-party provider such as Plaid.

By linking a card or financial account, you authorize Tally and its service providers to access, receive, process, and use eligible account, card, and transaction information to provide the Services, including to:

• match eligible purchases at Participating Venues;
• calculate points, rewards, status, streaks, challenges, and other loyalty activity;
• support reward redemption;
• prevent fraud, abuse, and unauthorized activity;
• troubleshoot transaction matching issues;
• provide customer support;
• improve the Services; and
• share relevant activity with Participating Venues as described in these Terms and the Privacy Policy.

Tally does not receive or store your online banking username or password. Financial account linking is provided by third-party providers, and your use of those providers may be subject to their own terms and privacy policies.

You may disconnect linked cards or accounts through the app where available. If you disconnect a linked card or account, you may no longer earn rewards automatically, and some Services may not function.

Tally does not guarantee that every transaction will be detected, matched, categorized, processed, or rewarded. Transaction matching may fail or be delayed because of merchant coding, payment method, bank or card network behavior, data availability, refunds, reversals, technical errors, provider downtime, account disconnection, or other reasons.

Tally may create, use, share, license, monetize, commercialize, or otherwise make available aggregated, anonymized, de-identified, or statistical insights based on use of the Services, including customer activity, venue activity, transaction trends, reward activity, visit frequency, spend patterns, app usage, and engagement trends. These insights are not intended to identify you personally.

7.1 Customer Subscriptions

Tally may offer consumer subscription features. The subscription price, billing period, free trial length, renewal terms, and included features will be disclosed before purchase and may also be shown in the app, App Store listing, or Apple purchase flow.

If you purchase a customer subscription through the iOS app, billing may be handled through Apple’s native in-app purchase system. Your purchase, renewal, cancellation, refund request, and billing relationship may be governed by Apple’s terms, policies, and account settings.

Unless canceled before the end of a free trial or subscription period, your subscription may automatically renew, and you may be charged the applicable subscription fee. You are responsible for managing and canceling your subscription through your Apple account settings or any other billing method made available to you.

Tally may change subscription pricing, features, free trial availability, or subscription terms in the future, subject to applicable law and any required notice.

7.2 Venue Billing

Participating Venues may be billed separately for access to venue dashboards, loyalty tools, customer insights, or related business features. Venue billing may be handled through Stripe or other payment providers and may be subject to separate venue, merchant, or business terms.

7.3 Taxes

Prices may not include taxes, duties, or similar charges unless stated otherwise. You are responsible for any applicable taxes or charges associated with your use of paid Services, except for taxes based on Tally’s income.

7.4 Refunds

Customer subscription refunds for purchases made through Apple may be handled by Apple according to Apple’s policies. Tally does not control Apple’s refund decisions.

Except where required by law or expressly stated by Tally, payments are non-refundable.

Tally may allow you to earn or redeem points, rewards, status, streaks, badges, milestones, offers, gift cards, discounts, perks, or other loyalty benefits (collectively, “Rewards”).

Rewards are subject to availability, eligibility rules, venue participation, transaction matching, technical limits, expiration rules, fraud-prevention review, and these Terms.

You acknowledge and agree that:

• Rewards are promotional or loyalty benefits only;
• points, status, streaks, badges, and similar loyalty benefits have no cash value unless expressly required by law;
• points and Rewards are not bank accounts, deposit accounts, stored-value accounts, money transmission, securities, property rights, or cash equivalents;
• points and Rewards may be venue-specific, user-specific, non-transferable, non-refundable, non-exchangeable, and non-redeemable for cash except where required by law;
• Tally and Participating Venues may impose eligibility requirements, redemption conditions, limits, exclusions, expiration dates, and other restrictions;
• Participating Venues are responsible for honoring eligible venue rewards, offers, or perks they make available through Tally, subject to applicable restrictions;
• Rewards may be modified, substituted, delayed, suspended, revoked, or discontinued as permitted by law; and
• Tally may correct errors or adjust points, status, Rewards, or redemptions.

Tally may delay, deny, reverse, adjust, cancel, or revoke points, Rewards, status, challenge progress, leaderboard placement, redemptions, or other benefits if we believe there has been an error, refund, chargeback, transaction reversal, abuse, fraud, suspicious activity, technical malfunction, sanctions risk, or violation of these Terms.

You may not sell, transfer, trade, barter, assign, share, or exploit points, Rewards, status, accounts, or redemptions unless Tally expressly allows it in writing.

Participating Venues are independent businesses, not employees, agents, partners, legal representatives, or affiliates of Tally.

Tally is not responsible for:

• the goods, services, food, drinks, events, promotions, prices, policies, conduct, or operations of Participating Venues;
• venue closures, capacity limits, age restrictions, dress codes, entry decisions, safety issues, service quality, or staff conduct;
• whether a Participating Venue honors a reward, offer, or redemption correctly;
• disputes between you and a Participating Venue;
• a Participating Venue’s independent privacy practices outside the Services; or
• any injury, loss, damage, dissatisfaction, or dispute arising from your visit to or interaction with a Participating Venue.

Venue participation may change at any time. A venue may be added, removed, suspended, unavailable, or no longer eligible for rewards without prior notice.

You are responsible for following each venue’s rules, policies, age requirements, and applicable laws.

Tally may include social, group, leaderboard, referral, challenge, status, or community features.

By using these features, you acknowledge that certain profile, activity, ranking, reward, group, or challenge information may be visible to other users, Participating Venues, or the public depending on the feature and your settings.

You agree not to use social features to:

• harass, threaten, abuse, defame, shame, or harm others;
• post false, misleading, offensive, hateful, sexually explicit, violent, discriminatory, or unlawful content;
• impersonate another person or misrepresent your identity;
• manipulate leaderboards, referrals, challenges, or rewards;
• spam, solicit, or promote unrelated products or services; or
• violate any law, venue rule, or these Terms.

Tally may remove content, hide activity, restrict visibility, disqualify challenge activity, adjust leaderboard rankings, suspend users, or take other action if we believe conduct violates these Terms or harms the integrity of the Services.

You may be able to submit, upload, display, or share content through the Services, including usernames, profile photos, bios, comments, messages, group content, referral content, feedback, or other materials (“User Content”).

You retain ownership of your User Content. By submitting User Content, you grant Tally a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to host, store, reproduce, display, publish, modify, adapt, distribute, and otherwise use your User Content as needed to operate, provide, improve, promote, and protect the Services.

You represent and warrant that:

• you own or have the rights needed to submit the User Content;
• your User Content does not violate any law, third-party right, or these Terms;
• your User Content is not false, misleading, defamatory, obscene, hateful, discriminatory, threatening, abusive, or otherwise harmful; and
• your User Content does not contain malware, spam, or unauthorized advertising.

Tally may remove, edit, restrict, or disable access to User Content at any time if we believe it violates these Terms or may harm Tally, users, Participating Venues, or others.

You agree not to:

• use the Services in a way that violates any law, regulation, venue rule, or third-party right;
• create a false identity or impersonate another person or entity;
• provide false, inaccurate, misleading, or fraudulent information;
• access or use another person’s account without permission;
• attempt to gain unauthorized access to the Services or related systems;
• interfere with the integrity, security, availability, or operation of the Services;
• scrape, crawl, index, harvest, copy, or extract data from the Services except as expressly permitted by Tally;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, except where prohibited by law;
• use automation, bots, scripts, emulators, fake devices, or other methods to manipulate activity, rewards, referrals, leaderboards, challenges, eligibility, or redemptions;
• exploit bugs, errors, loopholes, or delays to obtain points, Rewards, status, subscriptions, benefits, or access improperly;
• use the Services to harass, threaten, defame, abuse, stalk, spam, or harm others;
• upload malware, harmful code, or content that disrupts the Services;
• circumvent age restrictions, venue restrictions, geographic restrictions, fraud-prevention systems, payment systems, or security measures;
• sell, transfer, rent, sublicense, or commercially exploit your account, points, Rewards, or access to the Services;
• use the Services for unlawful gambling, illegal substances, prohibited goods, or unlawful activities; or
• encourage, assist, or enable anyone else to do any of the above.

Tally may monitor, review, investigate, delay, deny, reverse, adjust, or cancel activity, points, Rewards, status, subscriptions, referrals, redemptions, or accounts if we believe there is fraud, abuse, suspicious activity, error, technical malfunction, refund, chargeback, transaction reversal, duplicate activity, unauthorized access, sanctions risk, or violation of these Terms.

You agree to cooperate with reasonable requests for information related to fraud prevention, account security, reward eligibility, identity verification, or compliance.

Tally may suspend or terminate accounts, remove points or Rewards, ban devices or payment methods, restrict access, notify Participating Venues, or take legal action where appropriate.

The Services, including software, technology, design, text, graphics, logos, trademarks, service marks, branding, images, dashboards, data models, user interfaces, workflows, 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 Terms, Tally grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services for your personal, non-commercial use.

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 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 Services may depend on or link to third-party services, including Plaid, Stripe, Apple, Datadog, Cloudflare, Infisical, PlanetScale, financial institutions, card networks, payment providers, app platforms, analytics providers, infrastructure providers, and Participating Venues.

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.

Tally is an early-stage product. The Services may change frequently.

We may modify, suspend, discontinue, limit, replace, remove, or add features, rewards, subscriptions, venues, dashboards, transaction matching, social features, or other parts of the Services at any time, with or without notice, subject to applicable law.

We do not guarantee that the Services will always be available, uninterrupted, secure, accurate, complete, or error-free.

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

• we believe you violated these Terms;
• we suspect fraud, abuse, security issues, unauthorized access, or unlawful activity;
• we believe your activity threatens the integrity, availability, or reputation of the Services;
• required by law, regulation, court order, or governmental request;
• a third-party provider, payment provider, app platform, financial institution, or Participating Venue requires or causes restrictions;
• your account creates risk for Tally, users, Participating Venues, service providers, or others; or
• continued operation of the Services is no longer practical.

You may stop using the Services at any time. You may request account deletion through the app where this feature is available, or by contacting privacy@tallyrewards.com. If account creation is available in the app, Tally will provide a way to initiate account deletion as required by applicable app platform rules and law.

Termination may result in loss of access to your account, points, Rewards, status, challenges, groups, subscriptions, and other Services, subject to applicable law.

Sections that by their nature should survive termination will survive, including sections on Rewards, venue responsibility, intellectual property, feedback, disclaimers, limitation of liability, indemnity, disputes, governing law, and general terms.

To the fullest extent permitted by law, the 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, and security.

We do not guarantee that:

• the Services will always be available, uninterrupted, secure, accurate, complete, or error-free;
• any particular purchase, visit, transaction, payment card, financial account, venue, or activity will qualify for points or Rewards;
• transaction matching will be accurate, immediate, or complete;
• rewards, offers, venues, challenges, groups, or features will remain available;
• Participating Venues will honor rewards, offers, redemptions, or promotions without issue;
• users, venues, or third parties will behave appropriately or lawfully;
• defects, bugs, or issues will always be corrected; or
• the Services will meet your expectations.

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

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 Services or these Terms, even if we have 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 Services or these Terms will not exceed the greater of:

• the amount you paid directly to Tally for consumer Services in the 12 months before the claim; or
• $100 USD.

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 you.

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 Services;
• your account;
• your User Content;
• your violation of these Terms;
• your violation of applicable law;
• your violation of third-party rights;
• your fraud, abuse, misconduct, or negligence; or
• your interaction with Participating Venues or other users.

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 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 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 Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles, except to the extent consumer protection laws in your jurisdiction require otherwise.

If you are a consumer in Canada or another jurisdiction with mandatory consumer protection rights, nothing in these Terms limits rights that cannot be waived under applicable law.

We may update these Terms from time to time. If we make material changes, we will update the Effective Date and may provide notice through the app, website, email, or other reasonable means.

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

If you access or download the Tally iOS application through the Apple App Store, the following additional terms apply to your use of the Tally iOS application.

25.1 Acknowledgement

These Terms are between you and Tally Rewards, Inc. only, and not with Apple Inc. (“Apple”). Tally, not Apple, is solely responsible for the Tally iOS application and its content. These Terms do not provide usage rules for the Tally iOS application that conflict with the Apple Media Services Terms and Conditions as of the effective date of these Terms.

25.2 Scope of License

Subject to your compliance with these Terms, Tally grants you a limited, personal, non-exclusive, non-transferable license to use the Tally iOS application on Apple-branded products that you own or control and as permitted by the usage rules set forth in the Apple Media Services Terms and Conditions, except that the Tally iOS application may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing where permitted by Apple.

25.3 Maintenance and Support

Tally is solely responsible for providing any maintenance and support services for the Tally iOS application, as specified in these Terms or as required under applicable law. Apple has no obligation to provide any maintenance or support services for the Tally iOS application.

25.4 Warranty

Tally is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms. If the Tally iOS application fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, for the Tally iOS application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Tally iOS application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Tally’s sole responsibility, subject to these Terms and applicable law.

25.5 Product Claims

Tally, not Apple, is responsible for addressing any claims by you or any third party relating to the Tally iOS application or your possession or use of the Tally iOS application, including: product liability claims; claims that the Tally iOS application fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection, privacy, or similar legislation. Nothing in these Terms limits Tally’s liability to you beyond what is permitted by applicable law.

25.6 Intellectual Property Claims

If a third party claims that the Tally iOS application or your possession or use of the Tally iOS application infringes that third party’s intellectual property rights, Tally, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of that intellectual property infringement claim.

25.7 Legal Compliance

You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

25.8 Developer Contact Information

The Tally iOS application is provided by Tally Rewards, Inc., 1007 N Orange St., 4th Floor, #4890, Wilmington, DE 19801, New Castle County, United States. Questions, complaints, or claims about the Tally iOS application may be directed to privacy@tallyrewards.com. Phone: 302-440-3053.

25.9 Third-Party Terms

You must comply with all applicable third-party terms of agreement when using the Tally iOS application, including terms from Apple, your wireless carrier, financial institutions, card networks, Plaid, Stripe, payment providers, app platforms, and any other third-party services used in connection with the Services.

25.10 Third-Party Beneficiary

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms with respect to the Tally iOS application. Upon your acceptance of these Terms, Apple will have the right, and will be deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary.

These Terms, together with the Privacy Policy and any additional terms that apply to specific features, form the entire agreement between you and Tally regarding the Services.

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

You may not assign or transfer these Terms or your rights under them without Tally’s prior written consent. Tally may assign or transfer these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, or by operation of law.

Our failure to enforce any provision of these 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 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