These terms govern the use of Tallify, practice intelligence software for financial services providers, supplied by BlueBird Digital (Pty) Ltd (registration number 2020/844054/07) of 479 Kincardine Estate, 156 Zinnia Road, Kyalami, Midrand, 1684, South Africa ("we", "us", "BlueBird"). By signing in to a Tallify console, or by signing an order for Tallify, the practice and each of its users agree to these terms.
1. What Tallify is, and what it is not
1.1 Tallify is software. It is installed on a server that the licensed financial services provider ("the practice") controls, and it does three things: it extracts client facts from meeting notes and documents, it drafts advice documents and client communications for an advisor to review, and it watches the practice's client register for changes worth an advisor's attention.
1.2 Tallify does not give financial advice. Every Record of Advice, needs analysis and client message it produces is a draft. Nothing is filed on a register or sent to a client unless a named user of the practice approves it. The practice and its representatives remain the provider of advice under the Financial Advisory and Intermediary Services Act, 2002 (FAIS), and are responsible for the content of everything they approve, file or send.
1.3 We are not a financial services provider, are not licensed by the Financial Sector Conduct Authority, and do not act as a representative, juristic representative or compliance officer of the practice.
2. Accounts and users
2.1 The practice's administrator creates user accounts and assigns each one a role (administrator, advisor or read-only) and, where appropriate, a client scope. The practice is responsible for who it gives access to and for removing access when someone leaves.
2.2 Each user keeps their password private, changes a temporary password at first sign-in, and tells the administrator at once if they believe their account has been used by someone else. Sessions end automatically after twelve hours idle and after seven days in any case.
2.3 A user may only act on clients within their assigned scope. Attempts to reach other clients are refused and logged.
3. Acceptable use
3.1 Tallify may be used only for the practice's own financial planning and client servicing, in accordance with FAIS, the Protection of Personal Information Act, 2013 (POPIA), and the practice's own licence conditions.
3.2 Users must not: enter information they are not entitled to hold; use Tallify to send communications a client has not consented to receive; attempt to bypass the approval step, the client scope or the audit log; copy, resell, sublicense or redistribute the software, its prompts, templates or any data feed delivered through it; or probe, load-test or attack the installation.
3.3 Fund price and product data delivered through Tallify is licensed to the platform by its providers. It may be viewed inside Tallify against the practice's own clients and may not be extracted, published or passed to any third party.
4. Personal information
4.1 The practice is the responsible party under POPIA for all client information processed inside its Tallify installation, whether the installation runs on the practice's own infrastructure or is hosted by us under clause 6.1. On the practice's own infrastructure we do not have access to that information unless the practice requests support and grants access for that purpose. For a hosted installation we act as the practice's operator under a written operator agreement, only on the practice's instructions, and we keep the installation, its backups and its logs in South Africa.
4.2 Tallify is built to keep identifying information on the practice's server. Before any request is sent to an external language model, the software removes names, identity numbers, dates of birth, contact details and addresses and scrubs them from free text. The external provider receives figures and circumstances, not an identifiable person. The practice records this processing in its own POPIA records.
4.3 Third parties involved in the service, each named so the practice can list them: Anthropic PBC (de-identified drafting, under its API terms which exclude training on customer data); Twilio Inc. (transport of WhatsApp messages sent by advisors to the Tallify number, which pass through Twilio's infrastructure before reaching the practice server; advisors are advised to photograph notes rather than type identity numbers into WhatsApp); and, once licensed, the data vendors named in the practice's order. We will notify the practice before adding a processor.
4.4 Consent. Tallify only sends communications to clients whose consent to receive them has been recorded by the practice, and only after a user approves each one. Withdrawal of consent recorded in Tallify stops all future automated communications to that client.
4.5 Our own privacy notice at https://tallify.co.za/privacy.html covers the website and our processing as a supplier.
5. The practice's data and our software
5.1 Everything the practice puts into Tallify, and everything Tallify produces from it, belongs to the practice: client records, registers, drafts, approved documents, logs and backups.
5.2 The software, its design, prompts, document templates, models of operation and documentation belong to us. The practice receives a non-exclusive, non-transferable licence to use them for the term of its subscription, for the number of practices stated in its order.
5.3 On termination we will, at the practice's choice, hand over a complete export of its data in open formats (SQLite, Word and CSV) and delete our copies, or leave the installation on the practice's server with the software disabled. Backups on the practice's own server remain the practice's.
6. Availability, support and changes
6.1 Tallify runs either on infrastructure the practice controls, or, where the order says so, on dedicated infrastructure in South Africa that we operate for that practice alone ("hosted by Tallify"). On the practice's own infrastructure we support the software and the practice (or its hosting provider) is responsible for the server, its network and its power; we will give reasonable assistance but cannot guarantee uptime of hardware we do not operate. For a hosted installation we are responsible for the server, its power and connectivity, back it up daily to two locations, and aim for the console to be available during South African business hours; planned maintenance is notified in advance.
6.2 Support is by email to michael@tallify.co.za during South African business hours. Security incidents are handled under our Incident Response Policy (BBD-POL-08), and the practice will be told of any incident affecting its data without undue delay and in any event within the periods POPIA requires.
6.3 We release updates from time to time. Updates that change how the practice's users work will be described before they are applied. The practice may decline an update, on the understanding that support is limited to the current and previous release.
6.4 We may change these terms on thirty days' written notice. Continued use after the notice period is acceptance. A change that materially reduces the practice's rights entitles it to terminate without penalty within that period.
7. Fees
7.1 Fees are per practice, as set out in the order, and are payable monthly or annually in advance. Fees exclude VAT. Third-party data licences are itemised separately in the order.
7.2 Amounts unpaid thirty days after invoice bear interest at the prime lending rate published by the South African Reserve Bank plus two percent, and we may suspend access after a further fourteen days' written notice. Suspension does not delete the practice's data.
7.3 Fees may be adjusted once a year on sixty days' notice, by no more than the annual change in the consumer price index unless the order says otherwise.
8. Warranties and what we do not promise
8.1 We warrant that Tallify will perform materially as described in its documentation, that we have the right to license it, and that we will provide the service with reasonable skill and care.
8.2 Tallify uses language models, which make mistakes. We do not warrant that any draft is complete, correct, suitable for a particular client or compliant with any law. Every draft carries flags for the advisor's attention, and the advisor's review is a condition of use, not an optional step.
8.3 Apart from clause 8.1, Tallify is provided as is. We do not promise uninterrupted or error-free operation, and we make no warranty about third-party data or services.
9. Liability
9.1 Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything that cannot lawfully be limited.
9.2 Subject to 9.1, our total liability to the practice in any twelve-month period, whether in contract, delict or otherwise, is limited to the fees the practice paid for Tallify in that period.
9.3 Subject to 9.1, neither party is liable for indirect or consequential loss, loss of profit, loss of business or regulatory penalties arising from the other's breach, except that the practice remains liable for penalties arising from its own advice, its own approvals and its own handling of client information.
9.4 The practice indemnifies us against claims by its clients or regulators arising from advice given, documents filed or communications sent by the practice, including those drafted by Tallify and approved by the practice's users.
10. Term and termination
10.1 The subscription runs for the initial term in the order and renews for successive terms of the same length unless either party gives written notice of at least sixty days before the end of the current term.
10.2 Either party may terminate on thirty days' written notice if the other commits a material breach and does not cure it within that period, or immediately if the other becomes insolvent.
10.3 On termination clause 5.3 applies, and clauses 3.3, 4, 5, 8, 9 and 12 survive.
11. General
11.1 Neither party is liable for delay caused by events beyond its reasonable control, including power and network failures affecting the practice's server, provided it tells the other promptly.
11.2 Neither party may assign these terms without the other's written consent, which may not be unreasonably withheld, except that we may assign to a successor to our business on notice.
11.3 These terms, the order and the operator agreement are the whole agreement. If they conflict, the order prevails on commercial matters and the operator agreement on the handling of personal information.
11.4 If any clause is unenforceable the rest stands.
12. Law and disputes
12.1 South African law governs these terms. The parties will first try to resolve any dispute by a meeting of their principals within fourteen days of a written request; failing that, either may refer the dispute to the courts of South Africa, and the parties consent to the jurisdiction of the High Court of South Africa, Gauteng Division, Johannesburg.
13. Contact
BlueBird Digital, 479 Kincardine Estate, 156 Zinnia Road, Kyalami, Midrand, 1684. Email michael@tallify.co.za. Information Officer: Michael Warren Eales.