Terms of Service

Last Updated: January 17, 2025

Effective Date: These terms are effective as of January 17, 2025, and apply to all users of Digital Tally Counter services.

Acceptance of Terms

Welcome to Digital Tally Counter. These Terms of Service ("Terms") govern your use of our website, applications, and services (collectively, the "Service") operated by Digital Tally Counter ("we," "us," or "our").

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

Important: These Terms constitute a legally binding agreement between you and Digital Tally Counter. Please read them carefully.

Service Description

Digital Tally Counter provides online counting applications and related services designed for:

  • Individual and business counting needs
  • People counting and occupancy tracking
  • Industrial and scientific data collection
  • Educational and research applications

2.1 Service Tiers

  • Free Tier: Basic counting functionality with limitations
  • Pro Tier: Enhanced features with subscription
  • Business Tier: Team collaboration and advanced analytics
  • Enterprise Tier: Custom solutions and dedicated support

2.2 Service Features

Features available depend on your subscription tier and may include counting tools, data export, cloud synchronization, collaboration features, and analytics.

User Accounts and Registration

3.1 Account Creation

To access certain features, you may need to create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information as needed
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized access

3.2 Account Responsibility

You are responsible for all activities that occur under your account. You must be at least 13 years old to create an account.

3.3 Business Accounts

If you create an account on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

Acceptable Use Policy

4.1 Permitted Uses

You may use our Service for lawful purposes only, including:

  • Personal, educational, or business counting needs
  • Research and data collection activities
  • Compliance with occupancy regulations
  • Industrial and manufacturing applications

4.2 Prohibited Uses

You agree not to use the Service to:

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Transmit malicious software or harmful code
  • Attempt to gain unauthorized access to systems
  • Interfere with or disrupt the Service
  • Use the Service for illegal surveillance or monitoring
  • Engage in any form of harassment or abuse

Payment Terms

5.1 Subscription Fees

Paid services are billed in advance on a monthly or annual basis according to your chosen plan. All fees are non-refundable except as expressly stated in these Terms.

5.2 Payment Methods

We accept major credit cards and other payment methods as displayed in our billing system. Payments are processed by third-party payment processors.

5.3 Auto-Renewal

Subscriptions automatically renew unless cancelled before the renewal date. You can cancel your subscription through your account settings.

5.4 Price Changes

We may change subscription prices with 30 days' notice. Price changes will apply to subsequent billing periods.

5.5 Refund Policy

We offer a 30-day money-back guarantee for annual subscriptions. Monthly subscriptions are non-refundable except where required by law.

5.6 Taxes

You are responsible for all applicable taxes associated with your use of the Service.

Intellectual Property Rights

6.1 Our Rights

The Service and its original content, features, and functionality are owned by Digital Tally Counter and are protected by copyright, trademark, and other intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to use the Service for your personal or business needs in accordance with these Terms.

6.3 User Content

You retain ownership of any data or content you create using our Service. By using our Service, you grant us a limited license to host and process your content solely to provide the Service.

6.4 Feedback

If you provide feedback or suggestions about our Service, we may use that feedback without any obligation to you.

Data Ownership and Privacy

7.1 Your Data Ownership

You retain full ownership of all counting data and content you create using our Service.

7.2 Data Portability

You can export your data at any time in standard formats. We provide tools to help you migrate your data if you choose to stop using our Service.

7.3 Privacy Protection

Our handling of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

7.4 Data Security

We implement appropriate security measures to protect your data, but cannot guarantee absolute security. You are responsible for maintaining backup copies of important data.

Service Availability

8.1 Uptime

We strive to maintain high service availability but do not guarantee uninterrupted access. Scheduled maintenance will be announced in advance when possible.

8.2 Service Modifications

We may modify, suspend, or discontinue any part of the Service at any time with reasonable notice to users.

8.3 Technical Support

Technical support is provided according to your subscription tier. Free users receive community support, while paid users receive priority assistance.

Limitation of Liability

9.1 Service Provided "As Is"

The Service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied.

9.2 Limitation of Damages

In no event shall Digital Tally Counter be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses.

9.3 Maximum Liability

Our total liability to you for all claims arising from your use of the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

9.4 Essential Purpose

The limitations in this section are fundamental elements of the basis of the bargain between you and Digital Tally Counter.

Termination

10.1 Termination by You

You may terminate your account at any time by contacting customer support or through your account settings. Cancellation takes effect at the end of your current billing period.

10.2 Termination by Us

We may terminate or suspend your account immediately if you violate these Terms or for any other reason with reasonable notice.

10.3 Effect of Termination

Upon termination:

  • Your right to use the Service ceases immediately
  • We may delete your account and data after a reasonable grace period
  • You remain liable for all charges incurred up to termination
  • Provisions that should survive termination will remain in effect

Dispute Resolution

11.1 Informal Resolution

Before filing a formal dispute, please contact us to attempt to resolve the issue informally. We're committed to working with you to resolve any concerns.

11.2 Binding Arbitration

Any disputes that cannot be resolved informally will be settled through binding arbitration in accordance with the rules of the American Arbitration Association.

11.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitration.

11.4 Exceptions

This arbitration provision does not apply to disputes involving intellectual property rights or requests for injunctive relief.

Changes to Terms

12.1 Notification of Changes

We may modify these Terms at any time. When we make changes, we will:

  • Post the updated Terms on this page
  • Update the "Last Updated" date
  • Notify users of material changes via email or in-app notification
  • Provide at least 30 days' notice for significant changes

12.2 Acceptance of Changes

Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

12.3 Disagreement with Changes

If you do not agree to updated Terms, you must stop using the Service and may terminate your account.

Governing Law

13.1 Applicable Law

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

13.2 Jurisdiction

Any legal action or proceeding relating to these Terms will be brought exclusively in the federal or state courts located in Delaware.

13.3 International Users

If you access the Service from outside the United States, you are responsible for compliance with local laws and regulations.