SHMELTerms of service
These terms govern your use of SHMEL. By creating an account or connecting a system, you agree to them on behalf of your practice.
1. What SHMEL does
SHMEL is marketing software for healthcare practices. It plans and runs campaigns, contacts lapsed patients, and reviews outbound material against advertising and privacy rules. It is a tool operated by your staff, not a replacement for them.
2. Approval and your responsibility for what publishes
SHMEL requires human approval before anything publishes or reaches a patient. You are responsible for what you approve. You remain the advertiser of record, and you remain responsible for the accuracy of clinical and pricing claims, for holding evidence behind outcome claims, for patient consent to be contacted, and for consent to use any testimonial or before-and-after image.
3. Compliance review is advisory
Vera reviews material against HIPAA, FTC, FDA and DSHEA, TCPA, state medical board advertising rules and platform advertising policy. That review is a documented professional aid. It is expressly not legal advice, not a warranty that material complies with any law, and not a defence to enforcement. We do not guarantee compliance, and you should be wary of any vendor that does. Your counsel remains your counsel.
4. Acceptable use
- Do not use SHMEL to contact people who have not consented or who have opted out.
- Do not use it to advertise services you are not licensed to provide.
- Do not upload patient information you do not have the right to process.
- Do not attempt to extract another customer's data, or to reverse engineer the service.
- Do not use it to make claims you know to be false.
We may suspend an account that breaches these, and will tell you why.
5. Fees
Subscriptions are billed monthly in advance, per location, at the rates shown at sign-up. There is no onboarding fee. Advertising spend is billed by the ad platform directly to you at cost; we do not mark it up and do not take a percentage of it. Fees exclude tax. We will give 30 days' notice before any price change and it will not apply to a term already paid for.
6. Trial, cancellation and refunds
New accounts get a 14-day trial without a card. After that, cancel at any time and the subscription ends at the close of the current billing month. If SHMEL is not right for you, tell us within 30 days of your first invoice and we will refund it. On termination you may export your compliance records, campaign assets and connected-system data for 30 days, after which we delete them.
7. Your data
Your data stays yours. We claim no ownership of your patient information, brand assets or campaign material. Our handling of it is set out in the privacy policy and, where PHI is involved, in the Business Associate Agreement between us, which takes precedence over these terms on anything to do with PHI.
8. Availability
We aim for high availability but do not promise uninterrupted service on standard plans. Planned maintenance is announced in advance. Enterprise and group agreements may include a specific service level.
9. Liability
To the extent the law allows, neither party is liable for indirect or consequential loss, and our total liability in any twelve-month period is limited to the fees you paid us in that period. Nothing here limits liability for fraud, wilful misconduct, or anything that cannot be limited by law. This clause is one of the reasons this draft needs counsel review.
10. Changes, law and contact
We will give notice by email before materially changing these terms. They are governed by the laws of the State of Delaware, United States. Questions go to legal@shmel.ai.