Terms of Service

1. Agreement

These Terms of Service ("Terms") govern your access to and use of Tally (the "Service"), available at tally.fm and related applications, operated by Tally Technologies Inc., a Delaware corporation ("Tally," "we," "us," or "our"). By creating an account or using the Service, you agree to these Terms on behalf of yourself and, if applicable, the organization you represent. If you do not agree, do not use the Service.

2. The Service; Beta Status

Tally is a real-time intelligence platform for podcast hosts and live performers. The Service ingests content you provide (such as podcast RSS feeds, audio, and saved media), transcribes and indexes it, and surfaces relevant information before, during, and after live sessions.

The Service is currently in an invite-gated beta. During the beta, the Service is provided "as is" and "as available," features may change or be removed without notice, and we do not yet offer service-level agreements (SLAs) or uptime commitments.

3. Accounts and Organizations

You must provide accurate account information and keep your credentials secure. You are responsible for all activity under your account. Accounts belong to an organization ("Org"); Org owners and admins are responsible for managing member access, roles, and permissions within their Org, and for ensuring that members comply with these Terms. You must be at least 16 years old (or the age of digital consent in your jurisdiction) to use the Service. Notify us promptly at support@tally.fm of any unauthorized use of your account.

4. Subscriptions, Billing, and Refunds

The Service is offered on paid monthly subscription plans (currently Host at $29/month, Studio at $79/month, and Network at custom pricing). There is no free tier. Payments are processed by Stripe; we do not store full payment card numbers.

Auto-renewal. Subscriptions renew automatically each month until cancelled. You may cancel at any time; cancellation takes effect at the end of the current billing period, and you retain access until then.

Refunds. Except where required by law, fees are non-refundable. We may, at our discretion, issue a pro-rated refund if you request one within 14 days of your first charge by contacting support@tally.fm.

Founding-member pricing. Founding-member discounts apply for the lifetime of your subscription, contingent on a continuous, uninterrupted subscription. If your subscription lapses or is cancelled, the founding-member discount is forfeited and re-subscription will be at then-current pricing.

We may change pricing with at least 30 days' notice; changes apply at your next renewal.

5. Your Content

You own your content. You retain all rights, title, and interest in the content you submit to the Service, including audio, podcast episodes, transcripts of your content, saved media, notes, and guest materials ("Customer Content").

License to us. You grant Tally a worldwide, non-exclusive license to host, store, transcribe, process, analyze, index, display, and create derivative artifacts (such as transcripts, embeddings, and summaries) of Customer Content solely to provide, maintain, secure, and improve the Service for you and your Org. This license ends when the Customer Content is deleted from the Service, subject to reasonable backup retention periods.

You represent that you have the rights necessary to submit Customer Content to the Service and that doing so does not violate any law or third-party right.

6. Aggregated and Derived Data

We may create and use aggregated, de-identified, or derived data from the operation of the Service — for example, detected advertising and sponsorship patterns, content-segment statistics, usage trends, and model performance metrics — including for commercial purposes, provided that such data does not identify you, your Org, or any individual, and does not reveal your non-public Customer Content.

Opt-out. Org owners may opt their Org out of inclusion in aggregated and derived data by contacting support@tally.fm. Opt-out applies prospectively from the date we process the request.

7. AI Processing

The Service uses third-party artificial-intelligence providers to deliver core features, including transcription, embeddings, retrieval, research, and insight generation. Customer Content may be sent to the AI subprocessors listed on our Subprocessors page solely to provide the Service. We use API tiers under which these providers do not train their models on our customers' data, where such tiers are offered. AI-generated output may contain errors; you are responsible for reviewing it before relying on it.

8. Acceptable Use

You agree not to:

• use the Service to violate any law or third-party right, including intellectual-property and privacy rights;
• upload content you do not have the right to process, including recordings made without legally required consent of participants;
• attempt to probe, breach, or circumvent security or authentication measures, or access another Org's data;
• reverse engineer, scrape, or build a competing dataset or service from the Service;
• resell, sublicense, or share access credentials outside your Org without our written permission;
• interfere with the integrity or performance of the Service, including by sending abusive volumes of requests; or
• use the Service to generate or distribute unlawful, harassing, or deceptive content.

We may suspend or limit access immediately if we reasonably believe these rules are being violated.

9. Termination; Deletion and Export

You may stop using the Service and cancel your subscription at any time. We may suspend or terminate your access for material breach of these Terms, for non-payment, or if required by law, with notice where practicable. Upon termination, your right to use the Service ends and Sections 5 (with respect to retained backups), 6, 10, 11, and 12 survive.

Account deletion and data export are available on request via support@tally.fm. We will export your Customer Content in a reasonable machine-readable format and delete your account data within a commercially reasonable period, subject to legal retention obligations and backup cycles.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI-GENERATED OUTPUT WILL BE ACCURATE OR COMPLETE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, OR DATA. TALLY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE FEES YOU PAID TO TALLY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS DO NOT APPLY TO YOUR PAYMENT OBLIGATIONS OR EITHER PARTY'S LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

12. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The exclusive venue for disputes arising out of these Terms is the state or federal courts located in Delaware, and each party consents to personal jurisdiction there.

13. Changes to These Terms

We may update these Terms from time to time. For material changes we will provide notice (for example, by email or in-app notice) at least 14 days before the changes take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. The "Last updated" date above reflects the current version.

14. Contact

Tally Technologies Inc.
support@tally.fm