Morning Tally Website Terms of Use

Effective Date: November 4, 2026

1. Acceptance of These Terms

1.1Agreement. These Terms of Use (these "Terms") are an agreement between you and Morning Tally, a business based in Knoxville, Tennessee ("Morning Tally," "we," "us" or "our"). They govern your use of morningtally.com and any page or content we publish on it (together, the "Site").

1.2How You Accept. By using the Site or submitting any form on it, you agree to these Terms. If you do not agree, do not use the Site.

1.3Using the Site for a Business. The Site is intended for businesspeople evaluating our services. If you use the Site on behalf of a company or other organization, you agree to these Terms on its behalf and confirm that you have authority to do so. In that case, "you" includes that organization.

1.4Age. You must be at least 18 years old to use the Site.

2. Other Agreements

2.1Paid Services. Our paid reporting services (the "Services") are governed by our Master Services Agreement, the Order Forms signed under it, and our Data Processing Agreement. These Terms do not apply to the Services.

2.2Free Sample Reports. A free sample report prepared from your company’s own data is governed by our Free Sample Report Terms, which you must accept before sending us any data.

2.3Privacy. Our Privacy Policy explains how we handle personal information collected through the Site. It is part of these Terms.

2.4Conflicts. If these Terms conflict with the Master Services Agreement or the Free Sample Report Terms, the other agreement controls for its subject.

3. Changes to These Terms

We may change these Terms by posting an updated version on the Site with a new Effective Date. Changes apply from that date. If you keep using the Site after a change, you accept the updated Terms. Changes do not apply to a dispute that arose before the change was posted.

4. Permitted Use of the Site

4.1License. Subject to these Terms, we give you a limited, non-exclusive, non-transferable, revocable permission to view and use the Site, and to download or print a reasonable number of pages, for the sole purpose of learning about and evaluating our Services for your business.

4.2Keep Notices. Any copy you make must keep all copyright, trademark and other notices.

4.3Reservation. We reserve all rights not expressly granted in these Terms.

5. Example Reports and Site Content Are Illustrative

5.1Fictional Companies and Data. The example reports, screenshots, dashboards, figures, call excerpts and case scenarios on the Site (the "Example Reports") use fictional companies, fictional people and invented data. Any resemblance to a real business or person is coincidental.

5.2No Promise of Results. Example Reports show the format and kind of analysis the Services can provide. They do not promise that your reports will contain the same findings, metrics or level of detail, or that the Services will increase your sales or produce any other result. Actual reports depend on your systems, your data and the definitions agreed during setup.

5.3General Information. Articles, descriptions and other content on the Site are general information about our Services and related business topics. They may be incomplete or out of date, and we may change them at any time without notice.

6. No Professional Advice

Nothing on the Site is legal, accounting, tax, financial, investment, insurance, human resources or employment advice. Do not rely on the Site for decisions in those areas. Consult a qualified professional instead. This includes any content about call recording, privacy or employee monitoring laws.

7. Forms and Communications

7.1Accurate Information. When you submit the sample report request form or contact us, you agree to give accurate information and to use only your own name and work contact details, or those you are authorized to provide.

7.2Do Not Send Data Through the Form. Do not include customer records, call recordings, transcripts, financial account numbers, health information, government identification numbers, passwords or other sensitive information in any form on the Site. If you want a free sample report, follow the instructions we send you under the Free Sample Report Terms.

7.3Responses. When you submit a request, you agree that we may contact you by email or phone about it. We may decline any request, including a request for a free sample report, for any reason.

7.4Electronic Communications. You agree that we may communicate with you electronically, and that electronic communications satisfy any requirement that a communication be in writing.

8. Intellectual Property

8.1Our Ownership. The Site and all of its content, including text, graphics, Example Reports, report layouts, designs, logos, software and code, are owned by Morning Tally or its licensors and are protected by copyright, trademark and other laws.

8.2Trademarks. "Morning Tally" and our logos are our trademarks. You may not use them without our prior written permission, except to refer accurately to us and our Services. Other names and marks on the Site belong to their owners, and their appearance does not mean those owners endorse us.

8.3Copyright Concerns. If you believe content on the Site infringes your copyright, email [email protected] with a description of the work, where it appears on the Site, and your contact information.

9. Feedback

If you send us suggestions, ideas or comments about the Site or the Services ("Feedback"), you give us a perpetual, irrevocable, worldwide, royalty-free right to use, copy, modify and incorporate the Feedback for any purpose, without payment or attribution to you. You are not required to send Feedback. Please do not include confidential information in Feedback.

10. Prohibited Conduct

You agree not to:

1. use the Site in violation of any law or regulation;
2. copy, scrape, crawl, harvest or collect content or email addresses from the Site by automated means, except for search engine indexing that follows our robots.txt file;
3. use Site content, including Example Reports, to train, fine-tune or test an artificial intelligence model, or to build a competing product or service;
4. probe, scan or test the security of the Site, or bypass any security or access control, without our prior written permission;
5. upload or transmit viruses, malware or other harmful code;
6. interfere with or disrupt the Site, its servers or networks, including by sending excessive requests;
7. submit false, misleading or automated form submissions, or impersonate any person or business;
8. submit another person’s personal information without authority;
9. frame, mirror or republish the Site or any substantial part of it;
10. reverse engineer any software on the Site, except where the law expressly permits it despite this restriction; or
11. help or encourage anyone else to do any of these things.

11. Third-Party Links and Services

The Site may contain links to websites, tools or services run by others, including the phone systems and business software our Services connect to. We do not control them and are not responsible for their content, products, security or privacy practices. A link does not mean we endorse the third party. Your use of a third-party site is governed by its own terms and privacy policy.

12. Availability and Changes to the Site

We may change, suspend or discontinue any part of the Site at any time, without notice. We do not promise that the Site will always be available, uninterrupted or error-free.

13. Disclaimers

13.1THE SITE AND ALL CONTENT ON IT, INCLUDING EXAMPLE REPORTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, MORNING TALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

13.2WE DO NOT WARRANT THAT THE SITE WILL BE SECURE, ACCURATE, COMPLETE, TIMELY OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS.

13.3Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

14. Limitation of Liability

14.1TO THE FULLEST EXTENT PERMITTED BY LAW, MORNING TALLY AND ITS MEMBER, EMPLOYEES, CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

14.2TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF MORNING TALLY AND ITS MEMBER, EMPLOYEES, CONTRACTORS AND AGENTS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS IS LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).

14.3These limits apply to every theory of liability, including contract, tort (including negligence), strict liability and statute. They do not limit liability that cannot be limited under applicable law, such as liability for fraud.

15. Indemnity

You will defend, indemnify and hold harmless Morning Tally and its member, employees, contractors and agents from and against all claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) your violation of these Terms; (b) your violation of any law or the rights of any third party; or (c) information you submit through the Site. We may assume the exclusive defense of any matter subject to this Section at your expense, and you will cooperate with our defense.

16. Ending Your Access

We may suspend or end your access to the Site at any time, without notice, if we believe you have violated these Terms or the law. Sections 5, 6 and 8 to 19 survive any end of your access.

17. Governing Law, Venue and Time Limit

17.1Governing Law. These Terms, and any dispute arising out of or relating to them or the Site, are governed by the laws of the State of Tennessee, without regard to its conflict of laws rules.

17.2Venue. Any lawsuit arising out of or relating to these Terms or the Site must be brought only in the state courts located in Knox County, Tennessee, or in the United States District Court for the Eastern District of Tennessee, Northern Division, at Knoxville. You and Morning Tally each consent to the personal jurisdiction of those courts and waive any objection to venue there.

17.3Informal Resolution First. Before filing a lawsuit, the party with the claim will email a written description of it to the other party (to Morning Tally at [email protected]), and the parties will try in good faith to resolve it for 30 days. Either party may seek urgent injunctive relief without waiting.

17.4Time Limit. To the extent permitted by law, any claim arising out of or relating to these Terms or the Site must be filed within 1 year after the claim arises, or it is permanently barred.

18. Notices

We may give you notice by email to the address you provided, or by posting on the Site. You must send legal notices to Morning Tally by email to [email protected].

19. General

19.1Entire Agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and Morning Tally about the Site. Section 2 explains how they relate to our other agreements.

19.2Severability. If any provision of these Terms is held unenforceable, it will be enforced to the maximum extent permitted, and the rest of these Terms remain in effect.

19.3No Waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.

19.4Assignment. You may not assign these Terms without our written consent. We may assign these Terms without restriction.

19.5Relationship. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship.

19.6Headings. Headings are for convenience only and do not affect interpretation. "Including" means "including without limitation."

20. Contact Us