Last updated: August 21, 2025

These Terms of Service (“Terms”) govern your use of TallyFlex. By using our service, you agree to these Terms.

1. Service Description

TallyFlex is a data collection platform for behavioral health professionals and schools. We provide tools for tracking behaviors, managing sessions, and generating reports.

Who Can Use TallyFlex

Licensed healthcare professionals (BCBAs, RBTs, therapists)
Educational institutions and their authorized staff
Other professionals with appropriate credentials

You must be 18+ or have parental consent to use our service.

2. Accounts and Subscriptions

Account Requirements

Provide accurate information
Maintain confidentiality of your login
Notify us immediately of unauthorized access
One account per user (no sharing)

Subscription Plans

Solo: $27.99/month for individual practitioners
Teams: Custom pricing for organizations (including schools)

Billing

Subscriptions auto-renew monthly or annually
Cancel anytime before renewal to avoid charges
Prices may change with 30 days notice
Refunds available at our discretion for service issues

3. Your Responsibilities

Acceptable Use You agree to:

Use the service legally and ethically
Obtain necessary consents for data collection
Maintain professional standards
Ensure accuracy of entered data

Prohibited Activities You may NOT:

Share login credentials
Use the service for non-professional purposes
Upload malicious code or harmful content
Violate HIPAA, FERPA, or other applicable laws
Reverse engineer or copy our service
Use automated systems to access the service

4. Data and Privacy

Your Data

You own the data you enter
You grant us a license to process it to provide services
You can export or delete your data anytime
We use anonymized, aggregated data to improve services

Our Intellectual Property

We own the TallyFlex service, software, and brand
You get a limited license to use the service
Don’t copy, modify, or create derivative works

See our Privacy Policy for details on data handling.

5. HIPAA Compliance (Healthcare Users)

If you’re a healthcare provider storing Protected Health Information (PHI):

A Business Associate Agreement (BAA) is available instantly when you need it
Accept the BAA with one click when you begin storing PHI
We comply with HIPAA Security and Privacy Rules
You’re responsible for determining appropriate access levels
You must report any suspected breaches immediately

View our Business Associate Agreement

6. FERPA Compliance (Educational Users)

If you’re a school storing student records:

We act as a “school official” under FERPA
Use data only for educational purposes
Schools maintain responsibility for parent notifications and consent
We don’t sell or use student data for commercial purposes

7. Disclaimers and Limitations

No Professional Advice TallyFlex is a tool only. We don’t provide:

Medical or therapeutic advice
Diagnosis or treatment recommendations
Clinical decision-making

Always use your professional judgment.

Service Availability

99.5% monthly uptime commitment for all plans
Scheduled maintenance announced 48 hours in advance
No liability for outages due to third-party services or force majeure events
Your data is backed up and protected

Limitation of Liability Our total liability is limited to the greater of:

$100 USD
Fees you paid in the last 12 months

We’re not liable for indirect, consequential, or punitive damages.

8. Indemnification

You agree to defend and hold TallyFlex harmless from claims arising from:

Your use of the service
Violation of these Terms or laws
Your data or content
HIPAA or FERPA violations
Professional malpractice

9. Termination

You Can Cancel

Cancel subscription anytime in account settings
Access continues until end of billing period
Export your data before cancellation

We Can Terminate We may terminate immediately for:

Violation of these Terms
Non-payment
Illegal activities
Professional misconduct

Upon termination, you lose access but can export data for 30 days.

10. Dispute Resolution

Try to Work It Out Contact us first at legal@tallyflex.com to resolve issues informally.

Arbitration If we can’t resolve informally, disputes go to binding arbitration:

American Arbitration Association rules
Located in Florida
Each party pays own costs

Class Action Waiver You waive any right to class action lawsuits. All disputes must be brought individually.

Exceptions Small claims court and intellectual property disputes are exempt from arbitration.

11. General Terms

Governing Law: Florida law applies

Changes: We may update these Terms with 30 days notice

Entire Agreement: These Terms, Privacy Policy, and any BAA constitute the complete agreement

Severability: If any provision is invalid, the rest remains in effect

Assignment: You can’t transfer your account without our consent

12. Contact Information

General Support
Email: support@tallyflex.com

Legal Inquiries
Email: legal@tallyflex.com

Billing
Email: billing@tallyflex.com

Compliance/HIPAA
Email: compliance@tallyflex.com