Terms of Service

These terms are an agreement between Andrii Vynarchuk (“Tallybay”, “we”) and the business that creates a Tallybay account (“you”). By creating an account, or by using Tallybay, you agree to them.

Tallybay is a service for businesses. The person who creates the account confirms that they are allowed to accept these terms for the business. If they are not, they must not create the account.

How we handle personal information is explained in the Privacy Policy.

• The person who signs up becomes the account's owner. Owners and admins can add team members and choose each one's role.
• You are responsible for who you give access to, for what they do in your account, and for removing people who should no longer have it.
• Keep passwords private. Tell us straight away if you think someone has used your account without permission.
• The information you give us about your business and your team must be accurate.

A new account starts with a free trial of 30 days. We do not ask for card or other payment details to start it, and nothing is charged automatically.

Tallybay is not free after the trial. The plans, their prices and the number of active clients each one covers are published on our pricing section, and the plan you are on is shown on the Subscription card in your account's Settings. Prices are in US dollars and do not include VAT or other taxes, which are added to our invoice where the law requires. No fee applies unless you have chosen a plan or agreed to it with us in writing.

You pay by invoice: tell us the plan and we send one for the month or year ahead, and the plan starts when it is paid. There is no card on file, so nothing is charged automatically. If a renewal invoice stays unpaid 14 days after the paid period ends, recording, importing and invoicing pause until it is paid; nothing is deleted. A subscription renews for the same period unless you cancel, and a cancellation takes effect at the end of the period you have paid for. Fees already paid are not refunded, except where these terms or the law say otherwise.

When a trial ends without a paid plan, recording, importing and invoicing pause. Reading your records, downloading issued invoices and exporting everything stay open. Section 8 explains what happens to your data after that.

You agree not to:

• use Tallybay for anything unlawful, or to store information you have no right to hold;
• try to reach another business's data, or get around the limits on what your role can do;
• probe, overload or disrupt the service, or get around its rate limits or security;
• copy, resell or rebuild the service, or give access to it to people outside your business;
• upload malicious code or files.

If you find a security problem, please tell us privately rather than testing it further.

• It stays yours. The information you and your team put into Tallybay, and the invoices produced from it, belong to your business.
• Our permission is limited. You allow us to store, copy and process that data only to run Tallybay for you, keep it secure, back it up, fix problems and do what the law requires. We do not sell it or use it for anything else.
• You can take it at any time. An owner can download all of it as CSV files from the app whenever they like, during the trial and after.
• You are responsible for having it. You confirm you have the right to put your clients' and your team's details into Tallybay and to let us process them for you.

Processing personal data for you

For the personal data in your account you are the controller and we are your processor. These terms are our processing agreement under Article 28 of the GDPR (and the UK GDPR):

• What and whose. Names, email and postal addresses, tax numbers and notes about your clients and their contacts, and the names, email addresses and activity of your team, processed for as long as this agreement lasts, only to provide Tallybay.
• On your instructions. We process it only as these terms and your use of the app direct, unless the law requires otherwise, in which case we tell you first where the law allows.
• Confidentiality and security. Anyone who works on Tallybay for us is bound to keep it confidential, and we protect it as the Privacy Policy describes.
• Subprocessors. You allow us to use the companies listed in the Privacy Policy. Before we add or replace one, we tell account owners by email; if you object, you can end the agreement and take your data with you. We remain responsible to you for their work.
• Help. We help you answer requests from the people the data is about, and with your own security, breach and impact-assessment duties, as far as our part of the processing allows. We tell you without undue delay after we learn of a breach affecting your data.
• At the end. When the agreement ends, we delete the data as section 8 says, after you have had the chance to export it, unless the law requires us to keep it.
• Showing compliance. We give you the information you reasonably need to check that we meet these duties, and answer your written questions about them.

Transfers outside the European Economic Area are covered as the Privacy Policy describes.

Tallybay calculates invoices from the rates, activity and adjustments that you and your team enter or import. It does not know what happened in your building except through that data, and it cannot know the terms of your contracts except as you enter them.

You review every invoice before you issue it, and you are responsible for the invoices you send to your own clients. That includes checking that the rates, dates, quantities, taxes and charges are right and that they match your agreements with each client. Tallybay applies the tax rate you set; it does not decide whether tax is owed.

Tallybay does not support every way warehouses bill. For example, it does not yet bill a half month of storage for goods received after the 15th, storage months that run from the day of receipt, a minimum per lot, two taxes shown separately on one invoice, or storage by weight or volume. It charges a client's whole monthly minimum even in a month with no stock, issues no credit notes (a correction is a void and a new invoice), and applies a change of storage method to pallets already in the building only from the next 1st of the month. Where your contracts use terms it does not support, its figures will not match them.

If you think Tallybay calculated something wrongly from the data you entered, tell us and we will look into it.

Tallybay is new and run by its founder. We work to keep it available and your data safe, but we do not promise any particular uptime, response time or support hours, and there is no service-level agreement.

We may change, add or remove features. If we remove something you rely on, we will tell account owners beforehand where we reasonably can.

• You can stop using Tallybay at any time. To close the account and have its data deleted, the owner emails us; we delete it within 30 days and confirm by email.
• We may suspend or end your access if you break these terms, if you do not pay fees you agreed to, or if we have to for legal or security reasons. Where we reasonably can, we will warn you first and give you a chance to put things right.
• Before we delete the data of an account that you have not asked us to close, we email the owner at least 30 days ahead, and the owner can download the export until then, unless the law stops us from allowing it.
• After deletion, copies can remain in encrypted backups for up to 35 days before those backups are removed.

Apart from what these terms say, Tallybay is provided “as is” and “as available”. To the extent the law allows, we make no other promises about it, including that it will be uninterrupted or error-free, or suitable for a particular purpose.

To the extent the law allows:

• neither of us is liable to the other for lost profits, lost revenue, lost data that could have been recovered from the export, or any indirect or consequential loss;
• if we are ever liable to you, the most we will pay for all claims together is whichever is larger: what you paid us for Tallybay in the 12 months before the problem happened, or 100 US dollars.

Nothing in these terms limits liability for fraud, intentional misconduct or gross negligence, or any other liability that the law does not allow to be limited.

We may update these terms. When we do, we change the date and version at the top of this page. If a change is significant, we will email account owners at least 30 days before it takes effect, unless the law or a security problem needs it sooner. Continuing to use Tallybay after that means you accept the new terms; if you do not, you can stop using it and take your data with you.

These terms are governed by the laws of Spain. Disputes about them will be decided by the courts of Spain. Before going to court, we both agree to try to settle the problem by talking to each other first.

Notices and questions about these terms go to the address below. We send notices to the owner's email address.