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Terms and Conditions
Please read these terms and conditions carefully before using MyTally. By accessing or using
our service, you agree to be bound by these terms and all terms incorporated by reference.
Introduction
These Terms and Conditions ("Terms") govern your access to and use of the MyTally website, platform, software, mobile applications, and related services (collectively, the “Service”).
The Service is operated by MyTally Inc., a corporation organized under the laws of Ontario, Canada (“MyTally”, “we”, “us”, or “our”).
By accessing or using the Service, you agree to be legally bound by these Terms. If you do not agree, you must not access or use the Service. We reserve the right to modify these terms at any time.
Use of Service
You must be at least 18 years of age to use this Service. If you are under the age of majority in your jurisdiction, you represent that you have obtained parental or legal guardian consent. By using MyTally, you represent and warrant that you have the right, authority, and capacity to enter into this agreement.
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You agree not to use the Service for any unlawful purpose.
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You agree not to disrupt or interfere with the security of the Service.
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You are responsible for all activity that occurs under your account.
User Accounts
When you create an account with us, or if n account is created on your behalf by MyTally, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities
or actions under your password, whether your password is with our Service or a third-party service. In addition, you are responsible for all activities under your account and all actions taken by your employees, staff, or agents.
Acceptable Use and Integrity
You agree to use MyTally in good faith and with integrity, including but not limited to:
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Making reasonable and legitimate point adjustments
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Not manipulating, falsifying, or artificially inflating rewards
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Not abusing system features or interfering with the platform's operations
If you operate a business using MyTally, you agree to faithfully honour rewards redeemed through the system, subject to your publicly stated reward policies.
We reserve sole discretion to determine what constitutes abuse, misuse, or unreasonable conduct.
Intellectual Property
All content, software, code, systems, trademarks, branding, designs, and materials associated with MyTally remain the exclusive property of MyTally and its licensors.
You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service solely for its intended purpose. However, you may not copy, reverse engineer, reproduce, or modify the software or use MyTally branding without written consent.
Billing and Pricing
You agree that:
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Fees are charged monthly unless otherwise agreed.
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If MyTally ceases operations, billing will apply only up to the final month of operation.
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MyTally reserves the right to modify pricing, billing structure, or usage-based fees at any time.
Because MyTally is a software platform whose operational costs depend on system load and infrastructure usage, billing may vary in extreme or high-load scenarios as determined by MyTally in its sole discretion.
Continued use of the Service constitutes acceptance of revised pricing.
Data, Privacy, and Security
While we implement commercially reasonable safeguards, no system is fully secure.
You agree that:
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MyTally is not liable for unauthorized access, data breaches, data leaks, or cybersecurity incidents.
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You are responsible for maintaining backups of your own critical business data.
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MyTally is not responsible for loss of data, corruption, or unauthorized disclosure.
Use of the Service is also governed by our Privacy Policy.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason
whatsoever, including without limitation if you breach the Terms, misuse the Service, or if your conduct exposes MyTally to legal or reputational risk.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your
account, you may simply discontinue using the Service or contact our support team.
Service Availability and Outages
The Service is provided on an “as is” and “as available” basis. You acknowledge and agree that we do not guarantee uptime or uninterrupted service. Furthermore, outages may occur due to maintenance, technical issues, third-party supplier failures, hosting provider interruptions, force majeure events, or other causes.
MyTally shall not be liable for any losses arising from downtime, interruptions, or service degradation.
Service Discontinuation
MyTally reserves the right to suspend or permanently discontinue the Service at any time for any reason, including but not limited to:
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Supplier or infrastructure issues
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Financial considerations
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Regulatory changes
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Business restructuring
If operations cease, you agree to follow any reasonable transition instructions provided by MyTally. Furthermore, billing will apply only up to the final month of active service and MyTally shall not be liable for losses resulting from discontinuation.
Accuracy of Information
Information displayed on MyTally.com may contain inaccuracies, typographical errors, estimates, projections, or unverified data.
We do not guarantee the completeness, reliability, or accuracy of any information provided.
You agree that MyTally shall not be liable for reliance on any inaccurate or incomplete information.
Limitation of Liability
In no event shall MyTally, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for
any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of
profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to
access or use the Service.
In no event shall MyTally's total aggregate liability exceed the total amount paid by you to MyTally in the preceding three (3) months.
Indemnification
You agree to indemnify and hold harmless MyTally from any claims, damages, liabilities, losses, or expenses arising out of your misuse of the Service, your business practices, your failure to honour rewards, or your violation of any applicable law.
Dispute Resolution
You agree that:
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Any dispute shall first be handled directly with MyTally in good faith.
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You waive the right to participate in class actions.
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Disputes shall be resolved through binding arbitration in Ontario, Canada.
You agree not to commence court proceedings except to enforce an arbitration decision.
Nothing prevents MyTally from seeking injunctive or equitable relief in court if necessary to protect its intellectual property or legal rights.
Governing Law
These Terms shall be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If
any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of
these Terms will remain in effect.
Still have questions?
If you have any questions about these Terms, please contact our legal team at legal@mytally.com or visit our
support center.
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