Terms of Service
Tallyd (Pty) Ltd Effective Date: [To be confirmed before launch] Last Updated: 3 April 2026
These Terms of Service ("Terms") govern your access to and use of the Tallyd traffic analytics platform, including the website at tallyd.co.za, the dashboard application at app.tallyd.co.za, any associated APIs, and related services (together, the "Services"), operated by Tallyd (Pty) Ltd ("Tallyd", "we", "us", or "our"), a company registered in the Republic of South Africa.
By creating an account, accessing the dashboard, or otherwise using the Services, you agree to be bound by these Terms. If you are accepting these Terms on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms.
If you do not agree to these Terms, do not use the Services.
1. About the Services
Tallyd is a traffic analytics platform for the Out-of-Home (OOH) advertising industry. We deploy edge computing devices near billboard sites to count and classify vehicles using on-device computer vision. The resulting traffic data is delivered through a web-based dashboard to media owners, agencies, and advertisers.
The Services include:
- Dashboard — a web application for viewing traffic analytics, site management, device monitoring, and reporting.
- Field devices — hardware units deployed at billboard sites that perform on-device vehicle detection and transmit aggregated traffic summaries to our cloud infrastructure.
- API access — programmatic access to traffic data, available on the Premium subscription plan.
2. Eligibility and Account Registration
2.1 Eligibility
The Services are intended for business use by organisations operating in the OOH advertising industry or related sectors. By registering, you confirm that:
- You are at least 18 years of age.
- You are acting on behalf of a legally constituted organisation or in your own professional capacity.
- You have the authority to bind your organisation to these Terms, if applicable.
2.2 Account Creation
Accounts are created by invitation from an existing organisation administrator or by Tallyd during onboarding. During account creation, you must provide accurate and complete information, including your email address and display name.
You are responsible for:
- Maintaining the confidentiality of your login credentials.
- All activity that occurs under your account.
- Notifying us immediately at info@tallyd.co.za if you suspect unauthorised access to your account.
Tallyd is not liable for any loss or damage arising from your failure to protect your account credentials.
2.3 Organisation Accounts and Multi-Tenancy
The Services operate on a multi-tenant model. Each subscribing client is set up as an organisation within the platform. Organisation administrators ("org_admins") are responsible for:
- Inviting users to their organisation and assigning appropriate roles.
- Ensuring that all invited users are aware of and agree to these Terms.
- Managing user access and promptly revoking access for users who no longer require it.
- Ensuring that access credentials are not shared between individuals.
Each user is bound individually by these Terms, regardless of whether they were invited by an org_admin or created their account directly.
3. User Roles and Access
The Services implement role-based access control. Your access to features and data depends on the role assigned to you by your organisation administrator or by Tallyd:
| Role | Access Level |
|---|---|
| org_viewer | Read-only access to your organisation's sites, analytics, and reports. |
| org_member | View access plus data exports and the ability to review vehicle detection crops for accuracy improvement. |
| org_admin | Full management of your organisation's sites, devices, users, and reports. |
| super_admin | Platform-wide access, reserved for Tallyd internal personnel. |
Your subscription plan may limit the number of active users in your organisation. Exceeding the user limit for your plan requires an upgrade.
4. Subscription Plans and Fees
4.1 Subscription Plans
Tallyd offers three subscription tiers, each billed monthly per monitored site:
| Plan | Indicative Monthly Fee (per site, excl. VAT) | Includes |
|---|---|---|
| Basic | R2,000 – R3,000 | Vehicle counts, daily summaries, basic dashboard, up to 3 users, up to 5 sites |
| Standard | R3,000 – R4,000 | Hourly data, vehicle classification, directional data, custom date range reports, up to 5 users, up to 20 sites |
| Premium | R4,000 – R5,000 | All Standard features plus Proof of Posting, API access, custom reports, SLA guarantee, dedicated support, unlimited users and sites |
Pricing is quoted exclusive of VAT. VAT at the prevailing rate (currently 15%) will be added to all invoices.
Volume discounts may be available for deployments across multiple sites. Contact us for a custom quotation.
4.2 Minimum Contract Term
All subscriptions are subject to a minimum contract term of 12 months from the date of activation. Early termination during the minimum term does not entitle you to a refund of fees already paid, and you remain liable for fees due for the remainder of the minimum term.
4.3 Billing and Payment
Invoices are issued monthly for services rendered. Payment is due within 30 days of invoice date, by electronic funds transfer (EFT) to the bank account specified on the invoice.
Tallyd reserves the right to introduce additional payment methods (such as credit card or debit order processing through a PCI-compliant payment provider) in the future, and will update these Terms accordingly.
4.4 Late Payment
If payment is not received within 30 days of the invoice date:
- We may charge interest on the overdue amount at the rate of 2% per month (or the maximum rate permitted by law, whichever is lower), calculated from the due date until payment is received in full.
- We may suspend your access to the Services after 15 days of non-payment, upon 5 business days' written notice.
- We may terminate your subscription after 30 days of continued non-payment, upon 10 business days' written notice.
Suspension or termination for non-payment does not relieve you of your obligation to pay outstanding fees.
4.5 Pricing Changes
Tallyd may adjust subscription fees annually, with not less than 60 days' prior written notice. Any price increase takes effect at the start of the next billing period following the notice period. If you do not agree to a price increase, you may terminate your subscription by giving written notice before the increase takes effect, subject to the minimum contract term.
5. Hardware and Device Provisioning
5.1 Hardware Models
Tallyd deploys edge computing devices at your billboard sites. Hardware may be provided under one of the following arrangements, as agreed in your subscription:
- Included in subscription — hardware is provided at no additional upfront cost and remains the property of Tallyd. A 12-month minimum subscription term applies. Upon termination, you must facilitate the removal of the hardware from your sites within 30 days.
- Customer-purchased — hardware is sold to you at a one-time fee and becomes your property upon payment. Tallyd provides installation and initial configuration. You remain responsible for the physical security and maintenance of the hardware.
5.2 Site Access and Installation
You agree to:
- Provide safe and timely access to billboard sites for installation, maintenance, and removal of devices.
- Ensure that any necessary permissions from site owners, landlords, or local authorities have been obtained before installation.
- Provide a suitable power supply (mains electricity) at each site, unless a solar power arrangement has been agreed in writing.
Tallyd is not responsible for delays or service interruptions caused by your failure to provide site access, power, or necessary permissions.
5.3 Device Care
Whether hardware is owned by Tallyd or by you, you must not:
- Tamper with, modify, or disassemble the devices without our prior written consent.
- Relocate a device from its installed position without notifying Tallyd.
- Obstruct the device's cameras, antennas, or ventilation.
Tallyd will remotely monitor device health and will coordinate with you to resolve any issues that require on-site intervention.
6. Acceptable Use
6.1 Permitted Use
You may use the Services only for their intended purpose: viewing, analysing, and exporting traffic analytics data for your organisation's legitimate business purposes.
6.2 Prohibited Conduct
You agree not to:
- Access control circumvention — attempt to access data belonging to another organisation, bypass role-based access controls, or exploit any vulnerability in the platform's tenant isolation.
- Credential abuse — share your login credentials with any other person, use another person's credentials, or create accounts under false or misleading information.
- Reverse engineering — decompile, disassemble, reverse engineer, or otherwise attempt to extract the source code or algorithms of the Services, the dashboard application, or the on-device detection software.
- Scraping and bulk extraction — use automated tools, bots, or scripts to scrape, crawl, or extract data from the dashboard beyond the normal use of the platform or the documented API, if applicable.
- Redistribution — redistribute, resell, sublicence, or otherwise make available Tallyd data or reports to third parties without our prior written consent, except as permitted under your subscription plan.
- Interference — take any action that imposes an unreasonable load on our infrastructure, interferes with the proper functioning of the Services, or disrupts other users' access.
- Malicious use — upload malicious content, introduce viruses or malware, or use the Services to facilitate any unlawful activity.
- API abuse — exceed published API rate limits, use the API for purposes other than those permitted under your subscription plan, or attempt to access API endpoints that are not included in your plan.
6.3 Consequences of Violation
If we reasonably determine that you have violated this Section 6, we may, at our sole discretion and without liability:
- Issue a written warning requiring you to cease the prohibited conduct.
- Suspend your access to the Services, with or without notice depending on the severity of the violation.
- Terminate your account and subscription in accordance with Section 12.
Where practicable, we will notify you of the violation and give you a reasonable opportunity to remedy it before suspending or terminating your account, unless the violation poses an immediate risk to the security or integrity of the platform or other users' data.
7. Intellectual Property
7.1 Tallyd's Intellectual Property
The Services, including the dashboard application, device firmware, detection models, algorithms, user interface designs, documentation, and all related intellectual property, are and remain the exclusive property of Tallyd or our licensors. Nothing in these Terms grants you any ownership rights in the Services.
Your subscription grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for the duration of your subscription, solely for the purposes permitted under these Terms and your subscription plan.
7.2 Traffic Data Ownership
Tallyd owns all traffic monitoring data generated by our devices, including vehicle counts, classifications, directional data, and aggregated summaries. This data does not constitute personal information and is generated by Tallyd's proprietary systems.
Under your subscription, Tallyd grants you a non-exclusive licence to access, view, and export the traffic data for your subscribed sites for your organisation's internal business purposes. This licence is effective for the duration of your subscription and is subject to the terms of your subscription plan.
Unless you hold a Premium subscription with explicit data redistribution rights, you may not redistribute, sublicence, or commercially exploit Tallyd traffic data for the benefit of third parties without our prior written consent.
7.3 Your Content
You retain ownership of any content you upload to the Services (such as site names, descriptions, or organisation details). By uploading content, you grant Tallyd a non-exclusive, worldwide, royalty-free licence to use that content solely for the purpose of providing the Services to you.
7.4 Feedback
If you provide us with feedback, suggestions, or ideas about the Services, you grant us an unrestricted, irrevocable, perpetual licence to use that feedback for any purpose, without obligation or compensation to you.
8. Data Accuracy and Disclaimers
8.1 Traffic Count Accuracy
Tallyd provides vehicle count estimates generated by computer vision models. While we continuously work to improve accuracy and target counting accuracy of 90% or higher, traffic counts are estimates and not certified traffic surveys.
You acknowledge and agree that:
- Vehicle counts may vary from actual traffic volumes due to factors including weather conditions (rain, fog, low light), traffic density, vehicle overlap, occlusion, and camera positioning.
- Vehicle classification accuracy (car, truck, bus, motorcycle) depends on model training data and environmental conditions, and may not be 100% accurate.
- Traffic data generated by Tallyd should not be solely relied upon for regulatory submissions, traffic impact assessments, or any purpose that requires certified traffic survey data.
- Tallyd does not warrant that the detection model will identify every vehicle or correctly classify every detected vehicle.
8.2 No Professional Advice
The analytics, reports, and data provided through the Services are for informational purposes and to support your business decision-making. They do not constitute professional traffic engineering advice, certified traffic counts, or regulatory submissions.
8.3 General Disclaimer
To the maximum extent permitted by South African law, the Services are provided on an "as is" and "as available" basis. Tallyd disclaims all warranties, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, completeness, and non-infringement.
9. Service Availability
9.1 Target Availability
Tallyd aims to maintain high availability of the dashboard application and data pipeline. However, the Services depend on multiple infrastructure components including cloud hosting, LTE connectivity, mains power at device sites, and third-party platform providers.
Unless your subscription includes a specific Service Level Agreement (available on the Premium plan), Tallyd does not guarantee any specific level of uptime or availability.
9.2 Planned Maintenance
We may perform scheduled maintenance that temporarily affects availability of the Services. Where practicable, we will provide at least 48 hours' advance notice of planned maintenance via the dashboard or email.
9.3 Factors Beyond Our Control
Service interruptions may occur due to factors outside our reasonable control, including but not limited to:
- Load shedding or power outages at device sites.
- LTE network outages or degraded connectivity.
- Outages at third-party infrastructure providers (Supabase, AWS, Vercel).
- Extreme weather conditions affecting device operation.
- Vandalism, theft, or physical damage to field devices.
When a device experiences connectivity loss, it buffers data locally and transmits it automatically when the connection is restored. Brief interruptions should not result in permanent data loss.
9.4 Service Level Agreement (Premium Plan)
Clients on the Premium subscription plan are entitled to a Service Level Agreement with defined uptime commitments and service credits for qualifying downtime. The specific SLA terms are documented separately in your Premium subscription agreement.
10. Limitation of Liability
10.1 Cap on Liability
To the maximum extent permitted by South African law, Tallyd's total aggregate liability to you for all claims arising out of or related to these Terms or the Services, whether in contract, delict (tort), or otherwise, shall not exceed the total subscription fees paid by your organisation to Tallyd in the 12 months immediately preceding the event giving rise to the claim.
If your subscription has been active for less than 12 months, the cap shall be the total fees paid from the start of your subscription to the date of the claim.
10.2 Exclusion of Certain Damages
To the maximum extent permitted by South African law, Tallyd shall not be liable for any:
- Indirect, incidental, special, consequential, or punitive damages.
- Loss of profits, revenue, business opportunities, data, or goodwill.
- Damages arising from reliance on traffic count estimates for business decisions, regulatory submissions, or commercial negotiations.
- Damages resulting from unauthorised access to your account due to your failure to protect your credentials.
- Damages caused by factors beyond our reasonable control, including those described in Section 9.3.
10.3 Exceptions
Nothing in these Terms excludes or limits liability for:
- Death or personal injury caused by our negligence.
- Fraud or fraudulent misrepresentation.
- Any liability that cannot be excluded or limited under South African law.
11. Indemnification
You agree to indemnify, defend, and hold harmless Tallyd, its directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:
- Your use of the Services in violation of these Terms.
- Your breach of any applicable law or regulation.
- Your failure to obtain necessary permissions for device installation at your sites.
- Any third-party claim arising from your redistribution or misuse of Tallyd data.
- Any claim by a user invited by your organisation's administrator, to the extent the claim relates to the organisation's use of the Services.
12. Suspension and Termination
12.1 Termination by You
You may terminate your subscription by giving Tallyd not less than 30 days' written notice, sent to info@tallyd.co.za. Termination during the minimum contract term (see Section 4.2) does not entitle you to a refund, and you remain liable for fees due for the remainder of the minimum term.
Upon termination:
- Your access to the dashboard and API will be disabled at the end of the current billing period.
- You will have 30 days from the date of termination to export any data you wish to retain.
- After the 30-day export window, we will delete your organisation's user data in accordance with our Privacy Policy and data retention schedule.
- Traffic data (aggregated summaries) associated with your sites may be retained by Tallyd for internal analytics purposes, as this data does not constitute personal information.
- If hardware is owned by Tallyd, you must facilitate its removal within 30 days of termination.
12.2 Termination by Tallyd
Tallyd may terminate your subscription:
- For non-payment, in accordance with Section 4.4.
- For material breach of these Terms, if the breach is not remedied within 14 days of written notice.
- Immediately, without notice, if your use of the Services poses a serious risk to the security, integrity, or availability of the platform or other users' data.
- If Tallyd ceases to operate the Services, with not less than 90 days' prior written notice.
12.3 Suspension
Tallyd may suspend your access to the Services, in whole or in part, if:
- We reasonably suspect a breach of Section 6 (Acceptable Use).
- Your account is subject to a security investigation.
- Payment is overdue as described in Section 4.4.
- Required by law or a court order.
We will notify you of the reason for suspension as soon as reasonably practicable and will restore access once the issue is resolved.
12.4 Effect of Termination
Sections that by their nature should survive termination will continue to apply, including: Section 7 (Intellectual Property), Section 8 (Data Accuracy and Disclaimers), Section 10 (Limitation of Liability), Section 11 (Indemnification), Section 14 (Governing Law), and Section 15 (Dispute Resolution).
13. Privacy and Data Protection
Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, store, and protect personal information. Our Cookie Policy explains how we use cookies and similar technologies.
Where your organisation engages Tallyd to process personal information on its behalf (for example, user account data for your organisation's employees), we will enter into a Data Processing Agreement in accordance with the Protection of Personal Information Act 4 of 2013 ("POPIA").
14. Governing Law
These Terms are governed by and construed in accordance with the laws of the Republic of South Africa.
15. Dispute Resolution
15.1 Informal Resolution
Before initiating formal proceedings, the parties agree to attempt in good faith to resolve any dispute arising from or relating to these Terms through direct negotiation. The aggrieved party shall send a written notice describing the dispute to the other party. The parties shall attempt to resolve the dispute within 30 days of such notice.
15.2 Jurisdiction
If the dispute cannot be resolved through negotiation within 30 days, either party may submit the dispute to the jurisdiction of the High Court of South Africa, Gauteng Division, Pretoria, which shall have exclusive jurisdiction.
16. General Provisions
16.1 Entire Agreement
These Terms, together with the Privacy Policy, Cookie Policy, and any applicable subscription agreement or Data Processing Agreement, constitute the entire agreement between you and Tallyd regarding the Services and supersede all prior agreements, discussions, and understandings.
16.2 Amendments
Tallyd may amend these Terms from time to time. We will notify you of material changes by posting a notice on the dashboard and, where the change materially affects your rights, by email at least 30 days before the change takes effect. Your continued use of the Services after the amended Terms take effect constitutes your acceptance of the changes. If you do not agree to the amended Terms, you may terminate your subscription in accordance with Section 12.1.
16.3 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Tallyd may assign its rights and obligations under these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets, provided the assignee agrees to be bound by these Terms.
16.4 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.
16.5 Waiver
No failure or delay by Tallyd in exercising any right under these Terms shall constitute a waiver of that right. A waiver of any right on one occasion does not operate as a waiver of that right on any subsequent occasion.
16.6 Force Majeure
Tallyd shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to natural disasters, load shedding, civil unrest, government action, pandemic, network outages, or failures of third-party service providers.
16.7 Notices
Notices under these Terms shall be sent by email. Notices to Tallyd shall be sent to info@tallyd.co.za. Notices to you shall be sent to the email address associated with your account. A notice is deemed received on the business day following the day it is sent.
17. Contact Us
If you have questions about these Terms, please contact us:
- Email: info@tallyd.co.za
- Entity: Tallyd (Pty) Ltd
- Jurisdiction: Gauteng, South Africa
These Terms of Service are specific to the Tallyd traffic analytics platform. They should be read together with our Privacy Policy and Cookie Policy.