Effective date: [EFFECTIVE DATE]
These terms are between DİGİENSEO DİJİTAL PAZARLAMA DANIŞMANLIK LİMİTED ŞİRKETİ, a limited liability company established in Türkiye (MERSİS 0295122228600001), registered office Bahçelievler Mah. Prof. Dr. Necmettin Erbakan Cad. Elit İş Merkezi No: 3 İç Kapı No: 210, 54050 Serdivan / Sakarya, Türkiye(“we”, “us”), and the business that subscribes to SpendEvidence™ (“you”). They apply together with ourData Processing Agreement and the order or proposal that records your plan and price. Where those documents conflict, the order comes first, then the Data Processing Agreement, then these terms.
The service is sold to businesses. It is not offered to consumers, and by subscribing you confirm you are acting for a business.
SpendEvidence examines advertising clicks arriving at your website, challenges or blocks traffic that our checks identify as invalid, adds offending addresses to your Google Ads exclusion list, and keeps a dated record of what it did and why.
There are two ways it can be installed, and they do not offer the same protection:
This clause is the most important one in this agreement and it is placed here rather than in a footnote.
Two different things share a similar name, so to be clear: credits for invalid traffic are decided by Google and applied, if at all, within your Google Ads account. They are unrelated to the fees you pay us, which are dealt with in clause 7.
We keep the evidence record for 90 days — the 60-day period Google allows an advertiser to ask it to investigate, plus a 30-day margin. After 90 days the record is deleted automatically and it cannot be reconstructed — the underlying data no longer exists and cannot be recreated after the fact.
Acting within that window is your responsibility. We will supply the record on request while it exists, but we cannot produce a record for a period during which you were not a customer, or for traffic older than the retention period.
Our checks are based on probability, not certainty. A genuine visitor can be challenged, and in some cases blocked.
We cannot detect this from our side. A blocked visitor leaves the same trace as a blocked automated request; nothing in our records distinguishes the two. The only reliable signal is the one that reaches you — a customer who says they could not open your site. You agree to tell us promptly when that happens, and we will investigate and adjust the settings applied to your site.
We do not warrant that no genuine visitor will ever be challenged or blocked, and we are not liable for business you consider lost because a visitor was challenged or blocked. If the balance of protection and friction cannot be set to your satisfaction, you may cancel under clause 7.
We aim to keep the service running continuously but do not guarantee uninterrupted availability. We may change how detection works, adjust thresholds, and add or replace the components the service is built on, provided the change does not materially reduce what the service does. We will give you reasonable notice of a change that does.
Either of us may terminate for material breach that is not corrected within 30 days of written notice. We may suspend the service immediately where continuing would breach the law, threaten the security of our systems, or breach a policy of a platform the service depends on.
On termination, your access ends and personal data processed on your behalf is dealt with under the Data Processing Agreement. Records already within their retention period expire on their normal schedule.
Each of us will keep the other’s non-public information confidential and use it only for this agreement. This does not apply to information that is public through no fault of the receiving party, was already known to it, or must be disclosed by law.
We own the service, its software, detection logic and documentation, and the SpendEvidence™ name. You own your data and the content of your site. You grant us the licence needed to process your data in order to provide the service; that licence ends when this agreement does, subject to the aggregated and anonymised data clause in theData Processing Agreement.
We provide the service with reasonable skill and care. Beyond what is written in this agreement, and to the extent the law allows, we exclude all other warranties and conditions, whether express or implied.
To the extent the law allows, neither of us is liable for indirect or consequential loss, loss of profit, loss of revenue, loss of goodwill, or wasted or unrecovered advertising expenditure. Our total liability arising out of this agreement in any 12-month period is limited to the fees you paid us in the 12 months before the event giving rise to the claim.
Nothing in this agreement limits liability that cannot be limited by law, including for death or personal injury caused by negligence, or for fraud.
We may update these terms. We will post the new version here with a new effective date and, for a change that materially affects you, tell you at least 30 days before it applies. Continuing to use the service after that date means you accept the change.
Neither of us may assign this agreement without the other’s consent, except to a successor of the whole business. If a clause is unenforceable, the rest stands. A delay in enforcing a right is not a waiver of it. This agreement, with the documents named at the top, is the whole agreement between us.
This agreement is governed by the laws of the Republic of Türkiye, and the Sakarya courts and enforcement offices have exclusive jurisdiction. [GOVERNING LAW AND JURISDICTION — TO BE CONFIRMED WITH COUNSEL, INCLUDING THE POSITION FOR CUSTOMERS ESTABLISHED IN THE EEA AND THE UNITED KINGDOM]
DİGİENSEO DİJİTAL PAZARLAMA DANIŞMANLIK LİMİTED ŞİRKETİ
Bahçelievler Mah. Prof. Dr. Necmettin Erbakan Cad. Elit İş Merkezi No: 3 İç Kapı No: 210, 54050 Serdivan / Sakarya, Türkiye
Gümrükönü Tax Office, tax no. 2951222286
hello@spendevidence.com