1. Acceptance of Terms
By accessing or using TallyUp ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the App. These Terms apply to all visitors, users, and others who access the App.
2. Description of Service
TallyUp is a mobile-optimized web application that helps grocery shoppers track a running cart total before reaching the register. Features include manual price entry, AI-powered photo scanning, tax calculation, and shopping history. The App is provided free of charge.
3. Eligibility
You must be at least 13 years of age to use TallyUp. By using the App, you represent that you meet this requirement. If you are under 18, you represent that you have permission from a parent or legal guardian.
4. User Accounts
TallyUp allows use without an account (anonymously) or with a Google account. If you sign in, you are responsible for maintaining the confidentiality of your account and for all activity that occurs under it. You agree to notify us immediately of any unauthorized use of your account at tallyup.shop@gmail.com.
5. Acceptable Use
You agree not to:
- Use the App for any unlawful purpose or in violation of these Terms
- Attempt to reverse-engineer, decompile, or extract the source code of the App
- Interfere with or disrupt the integrity or performance of the App or its servers
- Upload, transmit, or submit content that infringes any third-party intellectual property rights
- Use automated scripts, bots, or scraping tools to access the App
- Attempt to gain unauthorized access to any portion of the App or its related systems
6. AI-Powered Features
TallyUp uses artificial intelligence to analyze photos you take within the App in order to extract product names and prices. Photos are transmitted to Anthropic, Inc. for processing and are not stored by TallyUp. Results produced by AI are not guaranteed to be accurate. You are responsible for verifying all prices before completing your purchase.
By using the photo scan feature, you consent to the temporary transmission of your images to Anthropic's API for processing. No images are retained by TallyUp after a result is returned.
When you scan while shopping from an active list, the names of your remaining list items are also transmitted to Anthropic's API alongside the photo to enable AI-powered list-item matching. Manual text entry does not involve AI — list matching for typed items is performed entirely on your device. See our Privacy Policy for full details on what data is transmitted and how it is handled.
AI-Powered Item Classification: When you scan an item by photo, TallyUp also transmits the extracted item name and product text to Anthropic's Claude API (Claude Haiku model) to classify the item into TallyUp's internal price taxonomy. This classification powers TallyUp's price comparison features and contributes to an aggregated, de-identified price intelligence dataset. Classified data does not identify you personally. No image or item text is retained by TallyUp after a result is returned. Manual text entry does not involve AI classification. See our Privacy Policy for full details.
7. Price Observation Data and Retention
By scanning items with TallyUp, you contribute de-identified price observations to TallyUp’s price intelligence platform. Each scan records the product name, price, unit size, and store location as a price observation.
These observations are retained permanently — even after you remove an item from your cart, delete a trip, or delete your TallyUp account. This is by design. The accuracy and long-term usefulness of TallyUp’s pricing data depends on historical observations surviving individual user actions, in the same way that crowd-sourced mapping data doesn’t disappear when a contributor uninstalls the app.
Price observations are de-identified and cannot be used to identify any individual user. They are linked to an anonymous session or randomized user ID, never to a name, email address, or device identifier.
TallyUp may use this data for internal analytics, product improvement, and may share it in aggregated or de-identified form with retail and consumer goods partners, as described in our Privacy Policy.
If you do not wish to contribute price observations, do not use the item scanning feature. Manual price entry does not generate price observations.
8. User Content
You retain ownership of any content you submit to TallyUp, including photos taken within the App and item names you enter. By submitting content, you grant TallyUp a limited, non-exclusive, royalty-free license to process and use that content solely to provide the App's services to you.
You represent and warrant that any content you submit does not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, or any applicable law.
9. Copyright and DMCA Takedown Policy
TallyUp respects intellectual property rights and expects users to do the same. If you believe that content available through the App infringes a copyright you own or control, you may submit a takedown notice to our designated agent at:
Your notice must include: (1) a physical or electronic signature of the copyright owner or authorized agent; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the allegedly infringing material and its location in the App; (4) your contact information; (5) a statement of good faith belief that the use is not authorized; and (6) a statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.
TallyUp will respond to valid DMCA notices promptly. Repeat infringers may have their accounts terminated.
10. Privacy
Your use of TallyUp is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand our data practices.
11. Disclaimers
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, TALLYUP DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TallyUp does not warrant that: (a) the App will be uninterrupted or error-free; (b) prices or product information extracted by AI will be accurate; (c) any defects will be corrected. You use the App at your sole risk.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TALLYUP AND ITS OWNER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL TALLYUP'S TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100.00), WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.
13. Dispute Resolution and Arbitration
Please read this section carefully. It affects your legal rights.
Informal Resolution. Before initiating any formal dispute, you agree to contact TallyUp at tallyup.shop@gmail.com and attempt to resolve the dispute informally for at least 30 days.
Binding Arbitration. If informal resolution fails, you and TallyUp agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the App through binding individual arbitration, rather than in court. Arbitration shall be conducted under the rules of the American Arbitration Association (AAA) Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall take place in California, or at your election, by telephone or video conference.
Class Action Waiver. YOU AND TALLYUP EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive your right to participate in a class action lawsuit or class-wide arbitration.
Exceptions. Either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm. Small claims court actions are also excluded from arbitration.
Opt-Out. You may opt out of this arbitration agreement by sending written notice to tallyup.shop@gmail.com within 30 days of first accepting these Terms. Your notice must include your name and a clear statement that you wish to opt out of arbitration.
14. Governing Law
These Terms are governed by the laws of the State of California, without regard to its conflict of law principles. To the extent any dispute is not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in California.
15. Changes to These Terms
TallyUp reserves the right to update these Terms at any time. When changes are made, the effective date at the top of this page will be updated. Continued use of the App after changes are posted constitutes your acceptance of the revised Terms. For material changes, we will make reasonable efforts to notify users.
16. Termination
TallyUp may suspend or terminate your access to the App at any time, with or without cause, and with or without notice. Upon termination, all provisions of these Terms that by their nature should survive will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
17. Contact
Questions about these Terms? Contact us at tallyup.shop@gmail.com.