Terms of Service

This is an agreement between you — the business using the service — and JJC Creative LLC, a California limited liability company trading as Wellth. By creating an account or using Wellth, you accept these terms. If you are accepting on behalf of a business, you confirm you are authorised to bind it, and “you” means that business.

Wellth is a service for businesses. It is not offered to consumers, and the consumer protections that attach to consumer contracts do not apply.

Wellth takes records of appointments from your booking platform, matches them to advertising clicks where a click identifier survived, and delivers the resulting conversions to the advertising accounts you connect. It also provides reporting on what was delivered and what your advertising produced.

We may change how the service works. Where a change materially reduces functionality you are paying for, we will give you at least 30 days’ notice and you may terminate without penalty for the remainder of the paid period.

3.1Credentials

You are responsible for keeping your credentials secure and for everything done with them. Tell us promptly at security@trywellth.co if you believe an account has been compromised.

3.2Automated agents

Actions taken through your account or credentials are yours, whether performed by a person, a script, or an autonomous software agent acting on your instructions. That includes uploading data, connecting advertising accounts, creating tracking infrastructure and incurring charges. We cannot distinguish an agent you intended from one that misinterpreted its instructions, and we do not attempt to. If you deploy agents, give them their own credentials scoped as narrowly as the task allows.

3.3Operator access

We access your account only to operate, support and secure the service, or where you ask us to. We do not use your data to compete with you.

You will not:

• send data you do not have the right to send, or that you obtained unlawfully;
• send special category or sensitive personal data, including health information — see the Privacy Policy, section 4;
• submit files containing instructions or crafted content intended to influence an automated system that processes them;
• use the service, its outputs or its documentation to train a machine learning model, or to build a competing product;
• extract data by automated means beyond the documented interfaces, or circumvent rate limits, authentication or usage metering;
• resell or provide the service to a third party as your own, except that an agency may operate the service on behalf of its own clients where it remains responsible for their compliance with these terms;
• use the service to make or support decisions about an individual’s access to credit, employment, housing, insurance or healthcare.

We may suspend an account that breaches this section, and will tell you why unless telling you would itself create a security or legal problem.

On a continuing basis, you warrant that:

• you have a lawful basis for the processing you instruct, and have given your customers the notices and obtained the consents the law requires, including for advertising use;
• you have the right to install the website tag where you install it, and have handled cookie consent where it applies;
• you comply with the terms and policies of every advertising platform you connect, including their rules on restricted categories and on what may be sent through their business tools;
• your advertising content, claims and targeting comply with applicable law.

Your advertising is entirely your own. We have no visibility of it and no ability to correct it.

This section matters more than its length suggests. Wellth sits downstream of Meta, Google, your booking platform and our infrastructure providers. Each can change its interfaces, tighten its policies, restrict a category, revoke an authorisation, or refuse a request — at any time, without notice to us, and often without a stated reason.

We do not control them and we do not warrant their behaviour. If a platform restricts your account or dataset, changes how conversions are attributed, deprecates an interface, or stops accepting what we send, that is not a breach of these terms by us, and we are not liable for what follows. We will tell you when we know, and we will make reasonable efforts to adapt.

Your relationship with each platform is your own, governed by your agreement with them. Connecting an account to Wellth does not change that.

The service is billed monthly in advance, by tier, according to the number of conversions synced in a month:

A sync is one conversion accepted for delivery to one destination. Retries of the same conversion are not counted again.

New accounts get a 30-day trial covering up to 100 syncs. A payment method is required to start it and is not charged during the trial. The trial ends at 30 days or 100 syncs, whichever comes first, and the first charge is taken then. Cancel before that and you are not charged.

If your usage exceeds your tier’s included syncs, we will move you to the tier that fits from the next billing period and tell you before we do. Fees exclude taxes, which you are responsible for. Fees already paid are not refundable except where the law requires it or where we terminate under section 8 for a reason that is not your breach.

If a payment fails we may suspend delivery after notice. Suspension stops conversions being delivered; it does not delete your data.

The agreement runs until either of us ends it. You may cancel at any time, effective at the end of the paid period. We may terminate for material breach that you have not fixed within 14 days of notice, immediately for a breach of section 4, or on 30 days’ notice if we withdraw the service.

On termination we stop delivering conversions and delete your data as described in the Data Processing Agreement. Export what you need before you cancel. Tracking infrastructure created in your own advertising accounts stays yours; tracking infrastructure we host on your behalf is decommissioned.

We own the service and everything in it. You own your data, and nothing in these terms transfers it to us — we hold it to provide the service and for no other purpose.

You grant us a licence to process your data only as far as providing the service requires. If you send us feedback or suggestions, we may use them without obligation to you; this covers ideas about the product and never your data.

Each of us may learn things about the other that are not public. Neither will disclose the other’s confidential information except to people who need it and are bound to keep it confidential, or where the law compels disclosure — in which case, where lawful, the other is told first. This survives the agreement by three years.

We will provide the service with reasonable skill and care. Beyond that, and to the extent the law allows, the service is provided as is, and we exclude all other warranties, including merchantability, fitness for a particular purpose and non-infringement.

11.1Results are not warranted

We describe Wellth as helping businesses lower their cost of acquisition and grow revenue from advertising, and we believe it does. That is a description of what the product is for, not a promise about your results. We do not warrant that your cost of acquisition will fall, that your revenue will rise, that your advertising will perform better, or that any particular conversion will be delivered, matched or attributed. Advertising outcomes depend on your creative, budget, offer, market, competition and season — none of which we control or can see.

11.2Measurement is estimation

Figures we report derive from data you supply and from advertising platforms that restate their own numbers over time and each claim credit for the same booking. Our reporting will disagree with the platforms and with your books. It is provided to inform your judgement and is not an audited figure or a representation of accuracy.

11.3Availability

We do not commit to an uptime level. We aim to keep the service available and to deliver conversions promptly, and delivery is designed to retry, but we do not guarantee that every conversion arrives or arrives within any particular time.

Neither of us limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.

Subject to that, and to the extent the law allows:

• Neither of us is liable for indirect or consequential loss, or for loss of profit, revenue, goodwill, business opportunity or data, however caused.
• We are not liable for advertising spend. This is the exclusion most worth understanding: if tracking degrades, campaigns may keep running and optimising on worse signal, and money may be spent that you would not have spent. That amount is unbounded, arises from decisions we never see, and is not recoverable from us — by any characterisation, including as direct loss.
• Our total liability for all claims in any 12-month period is capped at the fees you paid us in the 12 months before the claim arose.

The cap reflects the price. The service costs a small fraction of the advertising budget it reports on, and neither of us intends the fee for a measurement tool to underwrite the spend it measures.

You will defend and indemnify us against claims, losses and costs arising from your data, your advertising, your breach of section 5, or a claim by one of your customers about data you instructed us to process. We will tell you promptly of any such claim, let you control the defence, and cooperate reasonably.

We may update these terms. For a material change we will email account holders at least 30 days before it takes effect, and the version and date at the top of this page will change. Continuing to use the service after that date is acceptance. If you do not accept, cancel before the date and we will refund any unused prepaid period.

These terms are governed by the law of California, United States, without regard to conflict of laws rules. The state and federal courts located in San Francisco, California have exclusive jurisdiction, and each of us submits to them.

Before filing anything, tell us what is wrong at privacy@trywellth.co and give us 30 days to fix it. Most disputes about a measurement tool are disputes about a number, and a number can usually be explained.

Neither of us is liable for failure caused by events outside reasonable control. You may not assign this agreement without our consent; we may assign it to a successor of our business. If a provision is unenforceable, the rest survives. These terms with the Privacy Policy and the Data Processing Agreement are the entire agreement between us and replace anything said beforehand. A right not exercised is not waived.

JJC Creative LLC
110 Channel St #629, San Francisco, CA 94158, United States
privacy@trywellth.co