TallyQuote

Terms of Service

Last updated: January 15, 2025

1. Acceptance of Terms

By accessing or using TallyQuote ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service. By using the Service, you represent that you are at least 18 years of age and have the legal capacity to enter into these Terms.

2. Description of Service

TallyQuote is a voice-to-estimate software application designed for tradespeople and contractors. The Service enables users to:

  • Record voice descriptions of jobs and projects
  • Generate structured estimates from voice transcripts using AI technology
  • Create, manage, and share professional estimates with clients
  • Maintain business profiles and client databases

3. Account Registration

To use certain features of the Service, you must register for an account. When you register, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security of your account credentials
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, false, or in violation of these Terms.

4. Subscription & Payments

4.1 Free Tier

TallyQuote offers a free tier that includes a limited number of estimates per month. Free tier limitations are subject to change at our discretion.

4.2 Paid Subscriptions

Paid subscription plans ("Pro") provide additional features and 25 estimates per month. By subscribing to a paid plan:

  • You authorize us to charge your payment method on a recurring basis
  • Subscription fees are billed in advance on a monthly basis
  • Subscriptions automatically renew unless cancelled before the renewal date
  • All fees are exclusive of applicable taxes, which you are responsible for paying

4.3 Cancellation & Refunds

You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to paid features until the end of your current billing period. We do not provide refunds for partial billing periods, except where required by law.

5. Acceptable Use

You agree not to use the Service to:

  • Violate any applicable laws, regulations, or third-party rights
  • Transmit any material that is defamatory, obscene, fraudulent, or harmful
  • Impersonate any person or entity or misrepresent your affiliation
  • Interfere with or disrupt the Service or servers or networks connected to the Service
  • Attempt to gain unauthorized access to any portion of the Service
  • Use automated means to access the Service without our express permission
  • Reverse engineer, decompile, or disassemble any aspect of the Service
  • Use the Service for any purpose that is illegal or prohibited by these Terms

6. User Content

6.1 Your Content

You retain ownership of all content you submit, post, or display through the Service ("User Content"), including voice recordings, transcripts, estimates, and business information. By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, process, store, and display your User Content solely for the purpose of providing and improving the Service.

6.2 Responsibility for Content

You are solely responsible for your User Content and the consequences of sharing it. You represent and warrant that you have all necessary rights to submit your User Content and that it does not violate any third-party rights or applicable laws.

7. AI-Generated Content

The Service uses artificial intelligence to process voice transcripts and generate estimate line items. You acknowledge and agree that:

  • AI-generated estimates are suggestions based on your voice input and may contain errors
  • You are solely responsible for reviewing, editing, and verifying all estimates before sharing with clients
  • We do not guarantee the accuracy, completeness, or appropriateness of AI-generated content
  • Final pricing, terms, and conditions in your estimates are your responsibility

8. Intellectual Property

The Service and its original content, features, and functionality (excluding User Content) are and will remain the exclusive property of TallyQuote and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

You are granted a limited, non-exclusive, non-transferable license to access and use the Service for its intended purpose, subject to these Terms.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that: (a) the Service will function uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TALLYQUOTE, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of or inability to access or use the Service
  • Any conduct or content of any third party on the Service
  • Any content obtained from the Service
  • Unauthorized access, use, or alteration of your transmissions or content
  • Errors, inaccuracies, or omissions in AI-generated estimates
  • Any disputes between you and your clients regarding estimates created through the Service

Our total liability to you for any damages shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

11. Indemnification

You agree to defend, indemnify, and hold harmless TallyQuote and its licensors, officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses arising from: (a) your use of and access to the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property or privacy right; or (d) any claim that your User Content caused damage to a third party.

12. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

Upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, you may do so by discontinuing use of the Service or contacting us. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law & Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved within thirty (30) days, either party may pursue binding arbitration or file a claim in a court of competent jurisdiction located in Delaware.

14. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least thirty (30) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued use of the Service after any changes constitutes acceptance of the new Terms.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of these Terms will remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and TallyQuote regarding the Service and supersede all prior agreements and understandings, whether written or oral.

17. Contact Us

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

Email: support@tallyquote.com