Terms of Service

THESE TERMS CONTAIN A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION. IF YOU ACCEPT THESE TERMS, YOU AND TALLY AGREE TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION.

YOU UNDERSTAND THAT YOU ARE BINDING YOURSELF TO LEGAL AND FINANCIAL RESPONSIBILITY FOR ALL ACTIONS USING OR ACCESSING THE PLATFORM, INCLUDING THE ACTIONS OF ANYONE YOU ALLOW TO ACCESS YOUR ACCOUNT. YOU AFFIRM THAT YOU OR YOUR GUARDIAN HAVE REACHED THE LEGAL AGE OF MAJORITY, AND UNDERSTAND AND ACCEPT THESE TERMS (INCLUDING ITS DISPUTE RESOLUTION TERMS).

BY USING THE PLATFORM, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS. IF YOU DO NOT WANT TO AGREE TO THESE TERMS, YOU MUST NOT USE THE PLATFORM OR SET UP AN ACCOUNT.

You also agree to abide by other Tally rules and policies, including our Privacy Policy (which explains what information we collect from you and how we protect it) and any community or content guidelines we publish, each of which is expressly incorporated into and is a part of these Terms. Once you accept these Terms you are bound by them until you or we delete your Account.

Tally operates a social fitness application that lets you record short, video-verified bodyweight workouts, track your repetitions and other workout statistics, maintain a private workout diary, join public challenges, and compete with friends on leaderboards.

We provide the technology infrastructure and the venue where you can record and share this activity. Tally is a fitness and entertainment product. It is not a medical, healthcare, or health-monitoring service, and it does not provide medical, diagnostic, or therapeutic advice or features.

You may have lots of questions about us and our Platform. If you don't find what you're looking for in these Terms, please contact us through the available channels or check our FAQs.

Tally's Role

• We are solely responsible for providing the technology infrastructure and the venue. We do not act as your coach, trainer, agent, or representative, and we do not supervise, verify, or endorse any workout, challenge, statistic, or User. We do not control or monitor the conduct of Users, although we may review reports and disputes and, in the case of a breach of these Terms, may sanction a User by suspending or removing their Account, removing content, or informing authorities if we have an obligation to do so.
• We provide a number of features on our Platform for you. Please use these features at your own discretion. They are generic tools and may not be suitable for every User's specific fitness level, health condition, or needs.
• Health and Physical Activity Disclaimer. Physical exercise carries inherent risks, including the risk of injury. Tally does not assess your physical condition, fitness level, or suitability for any exercise. The Platform, including any statistics, challenges, leaderboards, or other content, is provided for general fitness and entertainment purposes only and is not a substitute for professional medical or fitness advice. You should consult a qualified physician before beginning any exercise program. You participate in all workouts and challenges entirely at your own risk, and you are solely responsible for exercising within your own physical limits.
• Video Verification and Ephemerality.Certain workouts may be “video-verified,” meaning you record a short video as part of logging the activity. Workout videos are available for initial viewing within the App and then are no longer displayed in the feed. We store workout videos with a third-party infrastructure provider for a limited period of up to thirty (30) days, after which they are deleted in the ordinary course. We do not guarantee any particular retention period, availability, durability, or recoverability of any video or other content, and you should not rely on the Platform as a place to store content you wish to keep. Video verification is an automated and convenience feature only; we do not warrant the accuracy of any repetition count, statistic, or verification result.

Your Role and Obligations

• Account.You must register for an Account to utilize the Platform (the “Account”). The Account is personal to you, and your log-in credentials should be protected, as any activity on the Platform using your credentials makes you legally responsible. If you think your credentials are compromised, please email us or reset your password immediately. Upon receipt of such notice, we will promptly cancel the credentials; provided, however, that you will remain responsible for any actions taken through the use of such credentials prior to such cancellation. Notwithstanding the above, we reserve the right to terminate or change any or all of your credentials at any time and in our sole discretion, thereby restricting or terminating your access to any of the Platform.
• You are solely responsible for ensuring that the credentials are known to, and used only by, you. You will use the Platform only for your own benefit and will not use the Platform on behalf of third parties without our written permission.
• You promise that all the information you provide on the Platform is truthful and accurate, including any statistics or activity you log. You agree that you shall not create multiple Accounts for yourself or create an Account using anyone else's identity. If you are providing false information, you will be in breach of these Terms and we will have the right to terminate your Account.
• Eligibility.You must be at least thirteen (13) years of age to open an Account or use the Platform. The Platform is not directed to, and we do not knowingly permit, children under the age of thirteen (13). If you are under the age of majority in your jurisdiction (typically 18), you may use the Platform only with the verifiable consent and supervision of your parent or legal guardian, as further described in the Section titled “Minors and Parental Consent.” By using the Platform, you represent and warrant that you meet these eligibility requirements and that, if you are a minor, your parent or legal guardian has reviewed and agreed to these Terms on your behalf. You may not use the Platform if you do not meet these eligibility requirements.
• Accountability and Safety. As you will be using your own personal digital devices to record workouts and communicate with other Users through the Platform, it is your responsibility solely to ensure that your device, and the ability to provide and receive information through it, is under your care and control.
• You are solely responsible for your own safety and security in all regards, physical and otherwise. It is especially important to be safe when exercising and when recording workout videos. You should ensure that your environment is safe, that you have adequate space, and that you do not record in any location or manner that endangers you or others or violates the privacy or rights of any person. You must implement appropriate safety measures, including: (i) exercising within your physical capabilities; (ii) using proper form and equipment; (iii) ensuring your surroundings are clear and safe; (iv) stopping immediately if you feel pain, dizziness, or distress; and (v) seeking medical attention when appropriate.
• You are solely responsible for what information you provide, to whom, and how, including anything visible in your videos or profile. You are solely responsible for all statements made and actions taken or omitted with respect to the Platform by means of your credentials.
• Content and Accuracy Obligations.You are solely responsible for all content you record, upload, post, or otherwise make available on the Platform, including workout videos, photographs, captions, comments, profile information, usernames, statistics, and challenge entries (“User Content”). You warrant that all User Content does not infringe or violate any third-party rights or any law.
• You warrant that you have all the necessary rights, consents, and permissions to record, upload, and share your User Content, including the consent of every identifiable person appearing or audible in any video, and that your User Content does not infringe any third party's intellectual property, privacy, publicity, or other rights.

• Public and Private Activity. The Platform includes both a private workout diary that is visible only to you (unless you choose to share it) and public features such as challenges, friends leaderboards, and a content feed. You control whether to keep activity private or to make it public. When you join a public challenge, post to the feed, or appear on a leaderboard, other Users may view, access, and interact with the content you make public. Once content is shared publicly, others may view it during the period it is available, and we cannot control or be responsible for how others use or further share content you have made public.
• License to Tally. You retain all ownership rights in your User Content. By making User Content available on or through the Platform, you grant Tally a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, use, reproduce, modify, adapt, publish, display, perform, and distribute such User Content solely in connection with operating, providing, promoting, and improving the Platform. This license is limited in duration to the period your User Content is stored or available on the Platform, except that the license survives to the extent necessary for our backups, legal compliance, and the continued operation and improvement of the Platform.
• Feedback. If you provide us with any suggestions, ideas, or other feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose without obligation or compensation to you.
• Content Moderation. We may, but are not obligated to, review, monitor, screen, remove, or restrict any User Content or User at any time and for any reason, including content we determine in our sole discretion to be objectionable, unsafe, infringing, or in violation of these Terms. We are not responsible for, and do not endorse, any User Content, statistics, or other material posted by Users.
• Reporting.If you believe any User Content violates these Terms, including content you believe to be unsafe, harassing, or otherwise objectionable, please contact us so we can review it. If you believe any User Content infringes your copyright, please follow the notice-and-takedown procedure set out in the Section titled “Copyright Complaints and DMCA Notice and Takedown.”
• Recording Other People.If a User records or uploads any video or image that includes another person, the User and in the case of Minor Users, their parent or guardian, are responsible for obtaining any necessary consent from that person (or that person's parent or guardian, if the person is also a minor) before recording, uploading, or sharing such content.

• Children Under 13. The Platform is not directed to children under the age of thirteen (13), and we do not knowingly collect personal information from anyone under 13. If we learn that we have collected personal information from a child under 13, or that an Account belongs to a child under 13, we will disable the Account and delete the associated information in the ordinary course. If you believe a child under 13 has provided us with personal information, please contact us at privacy@gettallyapp.com.
• Users Aged 13 to 17.If you are at least 13 but under the age of majority in your jurisdiction (a “Minor User”), you may use the Platform only with the involvement, consent, and supervision of a parent or legal guardian. Because a minor generally cannot enter into a binding contract, these Terms must be reviewed and accepted by your parent or legal guardian on your behalf. By permitting a Minor User to use the Platform, the parent or legal guardian agrees to these Terms on the Minor User's behalf, accepts responsibility for the Minor User's use of the Platform and compliance with these Terms, and agrees to be bound by these Terms (including the disclaimers, indemnification, limitation of liability, and dispute resolution provisions) with respect to that use.
• Default Privacy for Minor Users.Tally's social features are friends-scoped for all Users: in the content feed you see videos only from Users you are connected with, friends leaderboards show only your friends, and private challenges are visible only to invited participants. The one broader surface is public challenges, which only Tally may create. For a Minor User, participation in public challenges is limited so that the Minor User's name, video, and other identifying content remain visible only to the Minor User's friends, and never to the broader public or to Users who are not the Minor User's friends. In addition, for Minor Users we default off, unless enabled with verifiable parental consent, and discoverability of the Minor User's profile (and the geotagging or sharing of precise location with any post) is limited to those already the Minor User's friend. A Minor User's workout diary and activity otherwise remain private unless the Minor User, with parental involvement, affirmatively chooses to share specific content with the Minor User's friends. You acknowledge that any content shared with friends may be viewed, accessed, and re-shared by those friends during the period it is available, and we cannot control how they use or further share that content.
• Parental Rights.A parent or legal guardian of a Minor User may, at any time, review the personal information we have collected from the Minor User, request correction or deletion of that information, refuse to permit further collection or use of that information, and revoke consent to the Minor User's use of the Platform, by contacting us at privacy@gettallyapp.com. Upon a verified request, we will act on the request and, where consent is revoked, disable the Account in the ordinary course. We may take reasonable steps to verify that the person making the request is the Minor User's parent or legal guardian.

• Statistics and Leaderboards. The Platform provides repetition counts, workout statistics, rankings, and leaderboards. These are provided for informational and entertainment purposes only, are generated in part by automated means, and we do not guarantee their accuracy, completeness, or fairness. You should not rely on any statistic or ranking for any purpose beyond personal motivation and entertainment.
• Customer Support and AI. We may use automated tools, including artificial intelligence, to assist with customer support and in-app chat. Any responses generated by such tools are provided for convenience only, may be inaccurate or incomplete, and do not constitute professional, medical, or fitness advice. We are not responsible for any reliance you place on automated support responses.
• Data Loss and Ephemeral Content. Workout videos and certain other content are stored only for a maximum of 30 days and are deleted in the ordinary course, as described in Section 2. We do not guarantee that any content, statistic, or other data will be retained, available, or recoverable, and we are not responsible for any lost content or data, including content that has expired or been deleted.
• Platform Availability. We do not guarantee that the Platform will be available at all times or that it will function without errors or interruptions. We may perform maintenance, updates, or modifications, including during our beta period, that temporarily limit or change Platform availability or features. We are not responsible for any losses arising from Platform downtime, changes, or technical issues.
• Beta and Pre-Launch. You acknowledge that the Platform may from time to time offer features which are offered on a pre-launch or beta basis, may contain bugs or incomplete features, and may be modified, suspended, or discontinued in whole or in part at any time without notice or liability.

• User Conduct. Tally expressly disclaims all liability for any actions, omissions, representations, or conduct of any User. This includes but is not limited to: (i) User behavior on or off the Platform; (ii) disputes between Users; (iii) misuse of your videos, images, statistics, or information by any User or third party; (iv) any harassment, threats, or harmful conduct by Users; and (v) any other User misconduct, breach, or unlawful behavior.
• Health and Injury. You acknowledge that physical exercise carries inherent risks. Tally is not responsible for, and expressly disclaims all liability for, any injury, illness, death, or other harm arising from your participation in any workout, challenge, or other activity in connection with the Platform. You assume all such risks.
• Third-Party Services. The Platform relies on third-party services, including third-party infrastructure providers used to store and process workout videos and other content. We are not responsible for the performance, availability, accuracy, or security of any third-party services, or for any loss of content or data resulting from them.
• Platform Performance. We disclaim all liability for Platform malfunctions, errors, bugs, downtime, data loss, lost or deleted content, failed uploads, or any other technical problems that affect your use of the Platform.
• AS-IS Platform.THE PLATFORM AND ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

You agree not to:

• Use the Platform for any unlawful purpose or in violation of these Terms;
• Copy, modify, distribute, sell, or lease any part of the Platform or its proprietary content (excluding your own User Content);
• Reverse engineer or attempt to extract the source code of the Platform;
• Post or upload any User Content that infringes any third party's intellectual property, privacy, publicity, or other rights;
• Record or upload any video of any person without that person's consent, or in any location where recording is prohibited;
• Post false, inaccurate, misleading, or fraudulent statistics, challenge entries, or other information, or manipulate leaderboards, rankings, or metrics by any means;
• Post or transmit any content that is defamatory, obscene, pornographic, harassing, hateful, abusive, threatening, or otherwise objectionable;
• Harass, threaten, bully, stalk, impersonate, or harm any other User or person;
• Engage in any fraudulent, abusive, or otherwise illegal activity;
• Circumvent, disable, or interfere with security-related features of the Platform;
• Attempt to gain unauthorized access to the Platform or related systems;
• Use any automated system, bot, or script to access the Platform or to inflate or falsify activity, statistics, or rankings; or
• Engage in any conduct that could damage Tally's reputation, the Platform, or other Users.

• The Platform and its entire contents, features, and functionality (excluding User Content) are owned by Tally, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
• You retain all intellectual property rights in your User Content, subject to the license you grant to Tally under Section 3. You warrant that you have all necessary rights to grant that license and that your User Content does not infringe any third-party rights.

• Tally respects others' intellectual property rights and will respond to copyright infringement claims under the Digital Millennium Copyright Act (the “DMCA”). If you believe User Content infringes your copyright, send a written notice to our Designated Copyright Agent at support@gettallyapp.com (Tally, a product operated by EL Innovations, Inc., 160 West 24th Street, 5N, New York, NY 10011). Your notice must include the elements required by 17 U.S.C. § 512(c)(3): your signature; identification of the work and the infringing material; your contact information; a good-faith-belief statement; and a statement, under penalty of perjury, that the notice is accurate and you are authorized to act for the owner.
• If your content was removed and you believe it was a mistake or misidentification, you may send a counter-notification meeting the requirements of 17 U.S.C. § 512(g)(3). We may terminate, in appropriate circumstances and in our sole discretion, the Accounts of repeat infringers. Note that under 17 U.S.C. § 512(f), knowingly misrepresenting that material is infringing (or was wrongly removed) may result in liability.

• Your use of the Platform and any information you provide is subject to our Privacy Policy. By using the Platform, you consent to our collection, use, and disclosure of your information as described in the Privacy Policy.
• The images and related information processed by the Tally App are not used for biometric profiling purposes. Specifically, the Tally App does not engage in facial recognition, facial authentication or verification, or recognizing individuals associated with collected or posted images. To the fullest extent permitted by applicable law, you agree not to assert any claim against us based on the contention that photographs, images, videos, or other content processed through the Tally App constitute biometric identifiers or biometric information.
• While we implement reasonable security measures, we cannot guarantee the security of your information or content transmitted through the Platform, or stored by our third-party providers. You transmit information and content at your own risk. We are not responsible for circumvention of any privacy settings or security measures on the Platform.

• These Terms shall commence as of the Effective Date and shall continue thereafter until we or you have terminated your Account.
• We may terminate or suspend your Account immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Platform will immediately cease.
• You may terminate your Account at any time through the App or by sending a termination request to privacy@gettallyapp.com, and Tally will remove the Account in the ordinary course following receipt of the request. Termination does not relieve you of any obligations accrued before termination.
• Upon termination of your Account, you will no longer be able to utilize the features and benefits of our Platform. We will delete your information and content from our systems in the ordinary course, subject to the license granted under Section 3 and any backups, legal compliance, or use for the general improvement of the Platform. Your ability to open another Account with us in the future depends on the circumstances of the termination of your Account initially.
• The provisions of these Terms that by their nature should survive termination shall survive, including the sections governing Minors and Parental Consent, Platform Features and Limitations, Disclaimers, Intellectual Property, Privacy and Data Security, Indemnification, Limitation of Liability, Governing Law and Dispute Resolution, and Miscellaneous.

You shall indemnify, hold harmless, and defend Tally and its managers, officers, directors, employees, agents, affiliates, successors, and assigns (“Indemnitee”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees (collectively, “Losses”), that are incurred by Indemnitee arising out of any third-party claim alleging any:

• Negligent or more culpable act or omission by you (including any reckless or willful misconduct) in connection with your use of the Platform;
• Failure by you to materially comply with any applicable federal, state, or local laws, regulations, or codes;
• Infringement or violation of a third party's intellectual property, privacy, publicity, or other rights by your User Content;
• Any dispute between you and any other User or third party; or
• Any injury, illness, death, property damage, or other harm arising from your participation in any workout, challenge, or other activity in connection with the Platform; or
• If you are a parent or legal guardian who has permitted a Minor User to use the Platform, any use of the Platform by that Minor User.

• IN NO EVENT SHALL TALLY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, PROFIT, LOSS OF DATA OR CONTENT, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT TALLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
• IN NO EVENT SHALL TALLY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE GREATER OF (I) THE AGGREGATE AMOUNTS PAID BY YOU TO TALLY IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS ($100).
• THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.

These Terms and all related documents, and all matters arising out of or relating to these Terms, whether sounding in contract, tort, or statute, are governed by, and construed in accordance with, the laws of the State of New York without giving effect to its conflicts of law principles.

The Parties agree that any dispute, claim, or controversy arising out of or relating to these Terms, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by final and binding arbitration (except for an action for interim equitable relief that may be sought in any court of competent jurisdiction), before a sole arbitrator.

The arbitration shall be administered by JAMS (or its successor) pursuant to its Streamlined Arbitration Rules and Procedures (“Rules”) in the State of New York. All decisions of the arbitrator shall be final and binding. To the fullest extent of applicable law, (i) the Parties will pay their own costs (including, without limitation, attorneys' fees) and expenses in connection with such arbitration unless otherwise set out under the Rules, (ii) no arbitration or claim under these Terms shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former User of our Platform, and (iii) no class arbitration proceedings shall be permitted.

You agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class proceedings against us.

You may opt out of the arbitration mechanism within thirty (30) days after you first accept these Terms by sending written notice of your decision to opt out to privacy@gettallyapp.com. The notice must include your name, the email address or account associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out applies only to this clause and will not affect any other provision of these Terms or any other agreement between you and us. If you opt out, neither you nor we will be required to arbitrate disputes and disputes shall be resolved in state or federal court in the State of New York, and Section 13 will otherwise continue to apply. If you do not opt out within thirty (30) days, you will be bound by this arbitration clause.

• Entire Agreement. These Terms constitute the sole and entire agreement by and between you and Tally with respect to your use of the Platform. Any interactions or arrangements you may have with other Users are separate and independent of these Terms and do not bind Tally in any way.
• Relationship of Parties. Each Party is an independent contractor with regard to these Terms. Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the Parties.
• Assignment. You cannot assign these Terms to another person, as we are entering into an agreement only with you. Any such assignment shall be void. We may assign our rights and obligations under these Terms to any person at our discretion.
• Severability. If any term or provision of these Terms, including with respect to arbitration or limitation of liability, is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
• Waiver. No waiver of these Terms by Tally shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Tally to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
• Interpretation.“Including” means including without limitation. Headings are included only for ease of use and are not determinative.
• Amendments. We reserve the right to modify these Terms at any time. We will provide notice of material changes by alerting you via email or upon your use of the Platform. Your continued use of the Platform after such notification constitutes your acceptance of the modified Terms.
• Contact Information. Please contact us at privacy@gettallyapp.com.

Apple dictates that the following additional terms and conditions apply with respect to our software (App) that comprises our Platform and is available for use on any Apple, Inc. (“Apple”) iPhone or iPad devices that you own or control:

• You acknowledge that your agreement is not with Apple. Tally, not Apple, is solely responsible for the software and the content thereof.
• Your use of our Platform shall be subject to the terms of these Terms and as permitted by the Usage Rules set forth in the App Store Terms and Conditions as of the date you download or first use the software (which you acknowledge you have had the opportunity to review).
• You agree that Apple has no maintenance or support obligations with respect to our Platform.
• You acknowledge and agree that Apple is not responsible for any product warranties, whether express or implied by law, with respect to our Platform. If you are legally entitled to a warranty in your country or other jurisdiction, then in the event of any failure of our Platform to conform to such required warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid by you to Apple for our Platform. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our Platform, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to such required warranty will be Tally's sole responsibility. However, you understand and agree that in accordance with these Terms, Tally has disclaimed all warranties of any kind with respect to our Platform, and therefore, there are no warranties applicable to our Platform, except those required by law.
• As between Apple and Tally, Tally, not Apple, is responsible for addressing your or any third party's claims relating to our Platform or your possession and/or use of our Platform, including, but not limited to: (i) product liability claims; (ii) any claim that our Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the software or Platform or your possession and use of our Platform infringes that third party's intellectual property rights, Tally, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim (if and to the extent required under these Terms).

You agree that these Terms do not confer any rights or remedies on any person other than the parties to these Terms, except as expressly stated. Notwithstanding the foregoing, Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

Any end-user questions, complaints, or claims with respect to our Platform should be directed to privacy@gettallyapp.com.