Legal

Terms of Service

These terms are the agreement between you and DMO Software Solutions Inc. covering your use of the Tallypath mobile application and tallypath.app. They are written to be read; where a clause limits what you can expect from us, it says so plainly rather than in capital letters at the end.

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1. The agreement

Tallypath ("the app", "the service") is provided by DMO Software Solutions Inc. ("we", "us"), a company registered in British Columbia, Canada at 34581 4th Ave, Unit 4, Abbotsford, BC, Canada. By creating an account or using the app you accept these terms. If you do not accept them, do not use the service.

You must be at least 16 years old and able to enter into a contract where you live. If you use Tallypath on behalf of a business, you confirm you are authorised to accept these terms for it.

2. Your account

You are responsible for the credentials that open your account and for what happens under it. Keep them to yourself, and tell us promptly if you believe someone else has them. An account is for one person or one business; do not share one set of credentials across a team as a way of avoiding paying for more than one.

3. Your records belong to you

Your trips, receipts, expenses, photographs and reports are yours. We claim no ownership of them. You grant us only the permission we need to run the service for you — to store your records, process them to produce the features you use, back them up, and transmit them to your own devices. That permission ends when you delete the content or the account.

You are responsible for the accuracy of what you record and for having the right to upload it. Do not put anything into Tallypath that you are not entitled to hold.

4. Tallypath is not tax, accounting or financial advice

This is the most important clause in this document. Tallypath organises records and performs arithmetic on them. It does not tell you what you may claim, what is deductible, what a tax authority will accept, or what you owe. Nothing produced by the app is advice, and no output should be relied upon as though a professional had reviewed it.

What your records mean for a tax return or a financial statement is a question for your accountant or tax adviser. You remain responsible for your own filings, for verifying the records you rely on, and for keeping whatever documentation the law where you live requires.

5. Automatic tracking is best effort

Automatic trip detection depends on your device’s location and motion services, on the permissions you grant, on battery-optimisation settings imposed by your operating system, and on hardware we do not control. It will not catch every drive. We say so here because the app says so too, and because a mileage log you cannot correct is worse than no log at all — every trip can be edited, and any missed trip can be added by hand.

You are responsible for reviewing your own records before relying on them. Use of the app while driving is your responsibility; obey the law where you are, and do not operate a phone while a vehicle is moving.

6. Plans, add-ons and billing

Tallypath is offered as a subscription, with optional add-ons. The plan you hold determines the limits and features available to your account; the current plans and their prices are published on the pricing page.

  • Subscriptions bought inside the app are sold and billed by Apple or by Google through your store account, under their terms. We do not process your payment and never see your card.
  • Subscriptions renew automatically at the end of each period unless you cancel at least 24 hours before it ends. Cancelling stops the next renewal; it does not shorten the period you have already paid for.
  • Manage or cancel a subscription in your Apple or Google account settings. We cannot cancel a store subscription on your behalf.
  • Refunds for store purchases are handled by the store under its own policy. Write to us anyway if something has gone wrong — we would rather know.
  • If prices change, the change applies from your next renewal and you will be told before it takes effect. Continuing after that is acceptance of the new price.
  • Plan limits — vehicles, capture allowances and similar — are enforced as stated on the pricing page at the time you subscribe.

Where a subscription is purchased through the Apple App Store, it is governed by Apple’s Standard End User License Agreement in addition to these terms. Where the two conflict for that purchase, Apple’s terms prevail to the extent of the conflict.

7. Features still in development

Some capabilities are described on this site as coming soon or available at launch. Those descriptions are statements of intent, not commitments, and they are labelled precisely so that you do not subscribe on the strength of something that is not there yet. A feature that has not shipped is not part of what you are paying for; look at what the app does today before you buy.

8. Acceptable use

Do not do any of the following with Tallypath.

  • Break the law, or use the service to help someone else break it — including falsifying records to mislead a tax authority, an insurer, an employer or a court.
  • Attempt to access another account, or any part of our systems you have not been given access to.
  • Probe, scrape, overload or interfere with the service, or circumvent a limit or a paywall.
  • Reverse-engineer, decompile or resell the app, except to the extent the law expressly permits regardless of contract.
  • Upload malicious code, or content you have no right to hold.

We may suspend or close an account that is being used this way. Where it is reasonable to do so, we will tell you first and give you a chance to put it right.

9. Availability

We work to keep the service available, but we do not promise it will be uninterrupted or error-free. Maintenance happens, providers fail, and defects exist. We may change, suspend or discontinue features; if we discontinue something material, we will give reasonable notice and you will be able to export your records before it goes.

10. Warranties and liability

The service is provided as it is. To the extent the law allows, we exclude implied warranties of merchantability, fitness for a particular purpose and non-infringement. Some jurisdictions do not allow those exclusions, and where that is so, this clause applies only as far as it legally can — it does not take away a statutory right you have as a consumer.

To the extent the law allows, we are not liable for indirect, incidental, special or consequential loss, for lost profits or lost business, or for penalties or assessments imposed on you by a tax authority. Our total liability to you for any claim relating to the service is limited to the amount you paid us for it in the twelve months before the claim arose.

Nothing in these terms excludes liability for fraud, for fraudulent misrepresentation, or for anything else that cannot lawfully be excluded.

11. Ending the agreement

You may stop using Tallypath and delete your account at any time. Export your records first — deletion is final, and we will not be able to retrieve them for you afterwards.

We may end this agreement if you materially breach these terms, if we are required to by law, or if we discontinue the service entirely. Where we end it for a reason that is not your breach, we will refund the unused part of a subscription we billed directly.

12. Governing law

These terms are governed by the laws of British Columbia and the federal laws of Canada that apply there, and the courts of British Columbia have jurisdiction. If you are a consumer, this does not deprive you of the protection of the mandatory consumer law of the place you live.

13. Changes to these terms

We update the date at the top when these terms change. For a material change we will give notice in the app or by email before it takes effect, and continuing to use the service after that is acceptance. If you do not accept a change, stop using the service and delete your account.

14. Contact

Questions about these terms go to developer@tallypath.app.

DMO Software Solutions Inc., 34581 4th Ave, Unit 4, Abbotsford, BC, Canada.