Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and TallyGather ("TallyGather", "we", "us"), covering the TallyGather website, mobile app and every feature in them (the "Service").

By checking the acknowledgement box when you create an account, by signing in, or by using the Service in any other way — including replying to an invitation, signup, survey or vote as a guest — you agree to these Terms. If you do not agree, do not use the Service.

You must be at least 13 years old to use the Service, and at least 18 to create an account and send messages to other people. If you use the Service for an organization, you confirm you are authorized to accept these Terms on its behalf.

You are responsible for keeping your password confidential and for everything that happens under your account. Tell us right away if you think someone else has access to it.

You must give accurate account information and keep it current. We may suspend or close an account that violates these Terms, is used unlawfully, or that creates risk for us or for other users.

You may delete your account at any time from Your data & account. Deletion is permanent and cascades to the data you own, as described in the Privacy Policy.

Everything you put into the Service — invitation text, images, posters, contact lists, phone numbers, email addresses, attachments, survey questions, chat messages and anything else you upload or type ("Your Content") — remains yours.

You grant us a limited, non-exclusive, worldwide, royalty-free licence to host, store, reproduce, transmit and display Your Content solely to operate the Service for you — for example, to render your invitation page and deliver the emails you choose to send. We do not sell Your Content and we do not use your contacts, guest responses or chats to train AI models.

You are solely responsible for Your Content and for the recipients you choose. You represent and warrant that you own it or have the rights to use it, that it does not infringe anyone's copyright, trademark, privacy or publicity rights, and that you have the permission and lawful basis required to contact every person you add to a list or message through the Service.

We do not pre-screen Your Content and are not responsible for it. We may remove content or disable access to it if we believe in good faith that it violates these Terms or the law.

You agree not to use the Service to send unsolicited bulk email or text messages (spam), or to message anyone who has not given you the permission the law requires, including under CAN-SPAM, the Telephone Consumer Protection Act (TCPA), CASL, the GDPR and any other applicable communications or privacy law.

You agree not to message anyone who has opted out, and not to strip, hide or bypass unsubscribe links, STOP handling, or any other opt-out mechanism the Service provides.

You agree not to upload unlawful, defamatory, harassing, hateful, fraudulent, obscene or infringing material; not to impersonate anyone; not to collect or share other people's personal information without their permission; and not to use the Service for phishing, scams or malware.

You agree not to probe, scan, overload, reverse engineer, scrape or otherwise interfere with the Service or the systems behind it, and not to use it to build a competing product.

Automated abuse controls, sending limits and rate limits may apply. We may reduce, pause or refuse sending that we reasonably believe is abusive or risks the deliverability of the Service for everyone else.

The Service hands your emails and text messages to third-party providers, which in turn depend on carriers, inbox providers, spam filters and networks we do not control.

We do not guarantee that any message will be delivered, delivered on time, delivered to the inbox rather than a spam folder, or delivered at all. Messages may be delayed, filtered, blocked, duplicated, truncated or lost for reasons outside our control.

You are responsible for confirming attendance, headcount and any other outcome that matters to you through another channel. Do not use the Service as the sole means of communicating time-critical, safety-critical or emergency information.

Message and data rates may apply to text messages. Text messaging is only ever sent to people who have opted in themselves, as described in the Privacy Policy.

Core features of the Service are free. Where a paid plan or a paid feature is offered, the price, billing period and renewal terms are shown at checkout before you pay.

Payments are processed by our payment provider; we never see or store your full card details. Subscriptions renew automatically for the same period unless you cancel before the renewal date.

Except where required by law, payments are non-refundable. If you cancel, you keep access until the end of the period you already paid for.

If an organizer collects money from guests through the Service, that transaction is between the organizer and the guest. We are not a party to it, we do not hold the funds as an escrow, and we are not responsible for refunds, chargebacks, cancellations or disputes arising from it.

Some features generate text or images using AI. AI output can be inaccurate, biased or unintentionally similar to existing work. Review anything the AI produces — especially dates, names, addresses and amounts — before you rely on it or send it out.

You are responsible for AI-assisted content once you choose to use it, exactly as you are for anything else you write. AI usage may be subject to fair-use limits.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, secure, error-free, or free of data loss, that defects will be corrected, or that any message, reminder, notification or scheduled job will be sent, delivered or received.

We may change, suspend or discontinue any part of the Service at any time. We will give reasonable notice of a permanent shutdown of a feature you rely on where we can.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TALLYGATHER AND ITS OWNERS, EMPLOYEES, CONTRACTORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, ATTENDANCE, DONATIONS, BUSINESS OPPORTUNITY OR BUSINESS INTERRUPTION.

THIS APPLIES IN PARTICULAR TO ANY MESSAGE THAT IS NOT SENT, IS DELAYED, IS SENT TO THE WRONG PERSON, IS FILTERED AS SPAM, OR IS NOT RECEIVED — AND TO ANY EVENT THAT IS UNDER-ATTENDED, MISSED, DOUBLE-BOOKED OR CANCELLED AS A RESULT.

IT APPLIES REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED THAT SUCH DAMAGES ARE POSSIBLE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Nothing in these Terms excludes liability that cannot be excluded by law, such as liability for fraud, or for death or personal injury caused by negligence. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

You agree to defend, indemnify and hold harmless TallyGather and its owners, employees, contractors and suppliers from and against any claim, demand, investigation, proceeding, loss, liability, damage, fine, penalty, cost or expense — including reasonable attorneys' fees — arising out of or relating to: (a) Your Content; (b) your use of the Service; (c) your violation of these Terms; (d) your violation of any law or regulation, including anti-spam, telemarketing, telecommunications, privacy and data-protection laws; and (e) your violation of anyone else's rights, including intellectual property and privacy rights.

This means that if we are named in a dispute because of something you sent, uploaded or did through the Service, you are responsible for our legal defense and for any resulting judgment, settlement or regulatory fine.

We will notify you of any such claim and may, at our option, take over its defense at your expense. You may not settle any claim in a way that imposes an obligation on us without our written consent.

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

Talk to us first. Before starting a formal proceeding, you agree to email support@tallygather.com with a description of the dispute and the relief you want, and to give us 30 days to resolve it informally. Most issues end here.

Binding individual arbitration. If we cannot resolve it, any dispute, claim or controversy arising out of or relating to these Terms or the Service will be settled by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The arbitrator, and not any court, has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability or formation of this agreement to arbitrate.

The arbitration will be conducted in English, on documents only or by telephone or video where the rules allow, and in the State of Wisconsin unless we agree otherwise. Judgment on the award may be entered in any court of competent jurisdiction.

CLASS ACTION WAIVER. YOU AND TALLYGATHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS PROCEEDING. YOU AND TALLYGATHER WAIVE ANY RIGHT TO A JURY TRIAL.

Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court to stop unauthorized use, infringement or misuse of intellectual property.

Opt out. You may opt out of this arbitration agreement by emailing support@tallygather.com with the subject line "Arbitration opt-out" within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.

If the class action waiver is found unenforceable as to a particular claim, that claim will proceed in court and the rest of this section still applies.

Our property. The Service — including the software and source code, database design and data model, user interface and page layouts, workflows, templates, written copy, illustrations, icons, videos, and the TallyGather name, wordmark and logo — is owned by TallyGather or its licensors and is protected by United States and international copyright, trademark, trade-secret and other intellectual-property laws. © 1970 TallyGather. All rights reserved.

Reservation of rights. All rights not expressly granted in these Terms are reserved. We grant you only a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Service as intended. No ownership interest is transferred to you.

Restrictions. You may not, and may not permit anyone else to: (a) copy, modify, translate or create derivative works of the Service; (b) reverse engineer, decompile or disassemble any part of it, or attempt to derive its source code, data model or algorithms; (c) scrape, crawl, spider, harvest or bulk-download the Service or its content, or use automated means to access it except a well-behaved search engine crawler; (d) rent, lease, resell, sublicense or offer the Service as a competing or white-labelled product; (e) use the Service to build, train or benchmark a competing product or an AI model; (f) remove, obscure or alter any copyright, trademark or other proprietary notice; or (g) circumvent any usage limit, quota, access control or security measure.

Trademarks. "TallyGather", the TallyGather wordmark and logo, and our product names and taglines are our trademarks. You may not use them without our prior written permission, except in plain-text nominative references to the Service that do not imply endorsement or affiliation.

Your content. You keep ownership of everything you create, upload or import. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, transmit, resize, transcode and display Your Content solely to operate and deliver the Service for you and the recipients you choose. This licence ends when you delete the content or your account, apart from residual backup copies purged on our normal cycle.

Feedback. If you send us ideas, suggestions, feature requests or other feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use it for any purpose, without obligation, attribution or compensation, and you agree we may develop features that are similar to or compete with your own ideas.

AI output. Content generated with our AI features from your prompts is yours to use, subject to these Terms and the underlying model providers' terms. Similar output may be generated for other users, so we make no claim of exclusivity in it.

Copyright complaints (DMCA). If you believe material on the Service infringes your copyright, email support@tallygather.com with: identification of the work, the URL of the material, your contact details, a statement of good-faith belief that the use is unauthorized, a statement under penalty of perjury that your notice is accurate and that you are authorized to act, and your physical or electronic signature. We respond promptly and terminate repeat infringers.

Enforcement. Unauthorized use of our intellectual property causes harm that money alone cannot fix, so we may seek injunctive relief in court in addition to any other remedy, as described in the arbitration section above.

The Service relies on third parties for hosting, database, email delivery, text messaging, payments, maps and address lookup, AI generation and advertising. Their availability and their terms are outside our control, and we are not liable for their acts, omissions or outages.

Links or integrations to third-party sites are provided for convenience and are not an endorsement.

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you breach these Terms, if your use creates legal or security risk, or if we discontinue the Service.

Sections that by their nature should survive termination do survive it — including content responsibility, the as-is disclaimer, limitation of liability, indemnification and arbitration.

We may update these Terms. If a change is material, we will give notice in the app or by email before it takes effect, and update the version and date below. Continuing to use the Service after that means you accept the updated Terms.

These Terms and the Privacy Policy are the entire agreement between you and TallyGather regarding the Service, and are governed by the laws of the State of Wisconsin, without regard to conflict-of-laws rules.

If any provision is held unenforceable, the rest stays in force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets.

Questions about these Terms: support@tallygather.com.