1. Agreement
By accessing or using Smart Spend (the "Service"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Service. These Terms apply to the account holder (the clinic owner or designated administrator) as well as any users invited under that account.
2. The Service
Smart Spend automatically pauses or enables your Google Ads campaigns based on the appointment availability data you provide via your scheduling software's iCal feed. The Service does not create, modify, or write campaign content, keywords, ad creative, bids, or budgets. It only changes campaign status between enabled and paused.
The Service operates on an automated polling schedule. Decisions are based on two signals: the count of available appointment slots across your monitored practitioners, and the lead time to your next available slot.
3. Your responsibilities
- Provide valid authentication credentials and keep them current. Notify us immediately if you suspect unauthorized access to your account.
- Maintain compliance with Google's Terms of Service and Google Ads policies for the Google Ads accounts you connect.
- Provide accurate scheduling information via the iCal feeds you connect. The Service acts on the data provided.
- Not attempt to circumvent rate limits, security controls, or access other accounts' data.
- Not use the Service for any unlawful purpose, or in a way that violates the rights of patients, staff, or third parties.
4. Data accuracy and decisions
You are responsible for the accuracy of the schedules and configuration you provide. The Service makes pause / enable decisions based on the data it receives; if your scheduling software returns incorrect availability, the Service's decisions will reflect that. Smart Spend does not guarantee that the Service's decisions will always result in optimal advertising outcomes.
5. Service availability
We strive for high availability but do not guarantee uninterrupted operation. The Service depends on third parties (Google Ads, your scheduling provider, hosting providers) whose availability we do not control. The Service may experience downtime for maintenance, infrastructure issues, or third-party outages. We provide no service-level uptime guarantee unless agreed in a separate written agreement.
6. Limitation of liability
To the maximum extent permitted by law, Smart Spend's total aggregate liability for any claim arising from or related to the Service is limited to the amount you paid us in the twelve months preceding the claim. Smart Spend is not liable for lost ad spend, lost bookings, lost revenue, or any indirect, incidental, consequential, or punitive damages.
7. Termination
You may terminate your account at any time by contacting us. We may suspend or terminate accounts that violate these Terms, fail to pay applicable fees, or pose a security or operational risk. On termination, we will delete your account data per the retention rules in our Privacy Policy.
8. Changes to these Terms
We may update these Terms from time to time. Material changes will be communicated to account holders by email at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.
9. Governing law
These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. Any dispute arising from these Terms or the Service will be resolved in the courts of British Columbia.
10. Contact
For questions about these Terms: carlosgrouchy@gmail.com