Terms & Conditions

These Terms govern your access to and use of Smart Scheduler AI (the "Service"), operated by Suiviro Pty Ltd (ACN 699 266 987, ABN 30 699 266 987), trading as Smart Scheduler AI ("we", "us", "our"). By creating an account or using the Service you agree to these Terms.

1. Payments and Merchant of Record

Our order process is conducted by our online reseller Paddle.com, the Merchant of Record for all orders. You agree to Paddle's Buyer Terms at checkout. Subscription fees are billed in advance in the currency shown at checkout, with applicable GST, VAT or sales tax added by Paddle.

2. Account and eligibility

You must be at least 18 years old and authorised to bind your organisation. You are responsible for the security of your credentials and for the acts of anyone using your account.

3. Acceptable use

You must not use the Service to violate any law, infringe intellectual property or privacy rights, upload malware, resell, reverse engineer or scrape the Service outside the MCP interfaces we provide, or send unsolicited commercial messages via our notification features. See the Acceptable Use Policy.

4. AI-generated schedule proposals

Smart Scheduler AI uses constraint programming and, where enabled, generative AI to produce schedule proposals. Proposals are decision-support outputs, not professional advice, and may be imperfect. You are responsible for reviewing and approving any proposal before it takes effect for your customers, staff or contractors. We do not warrant that any proposal will be optimal, complete or error-free.

5. AI Assistant (MCP) workspace access

Where you enable it, Smart Scheduler AI provides a secure, OAuth-gated interface ("MCP Access") that allows an AI assistant such as Claude, ChatGPT or Codex to view schedule data and take scheduling actions inside your workspace on your behalf, within the scope of permissions you grant. MCP Access is optional, off by default, and, while labelled preview or beta, is provided as-is and excluded from any service-level commitment. You are responsible for reviewing the permission scope before enabling MCP Access, for the actions any AI assistant takes under your authorisation, and for revoking access if you no longer intend to use it. We log MCP Access activity for audit and security purposes and encrypt refresh tokens at rest. We are not liable for scheduling errors, missed appointments or conflicts arising from actions taken by a third-party AI assistant acting within the scope of access you granted, except to the extent caused by our own negligence or a security failure in the MCP interface itself. Nothing in this clause limits any non-excludable consumer guarantee.

6. SMS, email and calendar notifications

The Service may send SMS notifications via ClickSend and email notifications via Microsoft Graph. SMS beyond any plan allowance is billed at the pay-as-you-go rate shown in the platform. You are responsible for ensuring communications sent through the Service comply with applicable law, including the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth) and the Reducing Scam Calls and Scam SMS Industry Code (ACMA C661:2022). You are the originator of messages you send through the Service for the purposes of those laws, and are responsible for having a lawful basis to contact recipients and for identifying your business accurately in every commercial message. We rely on ClickSend and Australian telecommunications carriers to deliver SMS; any Sender ID you use must be a business name you are entitled to use. We honour SMS opt-out replies (STOP, UNSUBSCRIBE, CANCEL, END, QUIT, and STOPALL across all our products) automatically and you must not attempt to bypass this suppression list.

7. Intellectual property

The Service, including its software, models, documentation and branding, is owned by Suiviro Pty Ltd or its licensors. You retain ownership of the data you input. You grant us a non-exclusive licence to process your data as necessary to operate and improve the Service.

8. Service availability

We aim for high availability but do not warrant uninterrupted or error-free operation. Scheduled maintenance, third-party outages including hosting, Google Maps Platform, calendar providers and Paddle, and force majeure events may affect availability. No uptime SLA is offered on standard plans.

9. Warranties and consumer law

Where the Australian Consumer Law applies, our services come with guarantees that cannot be excluded, and nothing in these Terms limits any right you have under that law. Nothing in these Terms limits or overrides consumer rights that cannot be excluded under the law that applies to you, including the UK Consumer Rights Act 2015, EU Directives 2019/771 and 2019/770, the New Zealand Consumer Guarantees Act 1993, and, for California residents, the Song-Beverly Consumer Warranty Act and the California Consumers Legal Remedies Act. To the extent required by mandatory local consumer law, you may bring proceedings in the courts of your own country or state of habitual residence. To the maximum extent otherwise permitted, other express or implied warranties are excluded.

10. Limitation of liability

To the maximum extent permitted by law, our aggregate liability for any claim arising out of the Service is limited to the fees you paid us in the 12 months preceding the claim. We are not liable for indirect, incidental or consequential loss including lost profits, revenue or data. Where a non-excludable guarantee is breached, our liability is limited, to the extent the law allows, to re-supplying the Service or refunding the fees paid for it.

11. Indemnity

You agree to indemnify us against any claim, loss, penalty or expense arising from your use of the Service, your data, any breach of these Terms, or any message sent through the Service. This does not require you to indemnify us for loss caused by our own negligence, wilful misconduct or breach of the Australian Consumer Law. We will indemnify you against any third-party claim that your authorised use of the Service, excluding your data, infringes that party's Australian intellectual property rights, up to the fees you paid us in the preceding 12 months.

12. Suspension and termination

Where reasonably possible, we will give you written notice and a reasonable opportunity, generally not less than 14 days, to remedy a material breach before suspending or terminating access. We may suspend or terminate immediately, without an opportunity to cure, for non-payment beyond 14 days after notice, security or fraud risk, or a breach not capable of remedy. You may cancel your subscription at any time via the billing page; see the Refund Policy for the effect on billing.

13. Changes to these Terms

We may update these Terms. For material changes that reduce your rights or increase your obligations, we will give at least 30 days' notice; if you do not agree, you may cancel before the change takes effect and receive a pro-rata refund of prepaid unused fees.

14. Governing law

These Terms are governed by the laws of Western Australia and the Commonwealth of Australia. Disputes are subject to the exclusive jurisdiction of the courts of Western Australia, except to the extent mandatory local consumer law requires otherwise for consumers located elsewhere.

15. Force majeure, severability and survival

Neither party is liable for delay or failure to perform, other than an obligation to pay money already due, to the extent caused by events beyond its reasonable control, including outages of Lovable Cloud, Google Maps Platform, calendar providers, ClickSend or Paddle. If a provision is held invalid, it is severed or read down to the minimum extent necessary. Provisions intended to survive termination, including accrued fees, intellectual property, limitation of liability, indemnity and governing law, survive termination.

16. Contact

Legal notices: legal@smart-scheduler.com. Support: support@smart-scheduler.com. Postal notices: Suiviro Pty Ltd, PO Box 2060, Marmion WA 6020, Australia.