PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE CONCIERLY PLATFORM. BY CLICKING "I AGREE," COMPLETING ACCOUNT SETUP, OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SERVICES.
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Concierly Inc., a company operating under the laws of Canada ("Concierly," "we," "us," or "our"), governing your access to and use of the Concierly software-as-a-service platform accessible at app.concierly.co (the "Platform").
Concierly provides an AI-assisted reputation management platform designed to help local service businesses monitor customer reviews and generate suggested response drafts. The Platform uses artificial intelligence to analyze incoming reviews and produce suggested reply text based on your business context, tone preferences, and industry-specific guidelines you have configured.
Concierly only publishes a response to a Review Platform with your approval. Until you approve it, every AI-Generated Response is a draft. You can give your approval in either of these ways:
Responses published under an Auto-Post Rule are Approved Responses, and you are responsible for them in the same way as responses you approve individually. Concierly may still hold a response for your individual approval instead of publishing it under an Auto-Post Rule, for example when the review raises a complaint or our checks flag the draft.
You acknowledge and agree that you are solely responsible for reviewing each response you approve individually, and for the Auto-Post Rules you choose to turn on. Concierly's role is limited to generating draft suggestions and publishing the responses you approve; the decision to publish any content rests entirely with you.
In exceptional circumstances where you experience documented technical difficulties preventing you from approving a response through standard channels, Concierly staff may post an Approved Response on your behalf, but ONLY if ALL of the following conditions are met:
This provision does not authorize Concierly to exercise editorial discretion over response content. We post only the exact text you have authorized.
Where your subscription includes review solicitation functionality, the Platform enables you to send personalized SMS messages to your customers requesting reviews. You are solely responsible for ensuring you have obtained valid express consent from each customer recipient prior to initiating any such communication, in compliance with Canada's Anti-Spam Legislation (CASL) and all applicable laws.
YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ALL APPROVED RESPONSES PUBLISHED TO ANY REVIEW PLATFORM.
By approving an AI-Generated Response individually, you represent and warrant that:
By turning on an Auto-Post Rule, you accept that responses published under it are not reviewed by you before they appear, and you remain responsible for them as Approved Responses, including under Sections 4.2 and 4.4. Do not turn on an Auto-Post Rule if the rules of your industry or profession require you to review each public statement before it is published.
You are responsible for the accuracy and completeness of all business context information you provide to the Platform, including staff names, specialties, warranties, and service descriptions. Concierly uses this information to generate AI responses. Inaccurate business context may result in inaccurate AI suggestions. You must promptly update your business context when any information changes.
You retain all ownership rights to Client Content you submit to the Platform. By submitting Client Content, you grant Concierly a limited, non-exclusive, royalty-free license to use, process, and transmit that content solely for the purpose of providing the Services to you. We do not use your Client Content to train AI models without your explicit consent.
You agree not to use the Platform to:
The Platform uses artificial intelligence to generate response drafts. AI-Generated Responses are suggestions only. They may contain errors, inaccuracies, inappropriate language, or content that does not accurately reflect your business, services, or situation. Concierly does not guarantee the accuracy, completeness, appropriateness, or fitness for purpose of any AI-Generated Response.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONCIERLY SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LOSS, DAMAGE, CLAIM, OR CONSEQUENCE ARISING FROM OR RELATED TO ANY APPROVED RESPONSE PUBLISHED ON ANY REVIEW PLATFORM.
This includes but is not limited to:
You approved the content. The liability rests with you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONCIERLY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO CONCIERLY IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
IN NO EVENT SHALL CONCIERLY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, EVEN IF CONCIERLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless Concierly, its officers, directors, employees, agents, and contractors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:
By using the Platform, you acknowledge that Concierly collects and processes:
You acknowledge and consent to Concierly transmitting Client Content to the following third-party processors as necessary to provide the Services:
Concierly takes reasonable steps to ensure these processors maintain appropriate security and privacy standards. However, Concierly is not responsible for the independent data practices of these third parties.
The Platform's database and files are stored in AWS's ca-central-1 (Montreal, Canada) region. Some of the processors listed in Section 5.2, including Anthropic, TypeSafe, Twilio, Resend, Stripe and Google, process data in the United States, so data sent to them may be accessible to courts, law enforcement and national security authorities there. Concierly operates in compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA).
You may request complete deletion of your account and all associated data at any time by contacting privacy@concierly.co. Upon a valid deletion request, Concierly will permanently delete your data within 30 days. Accounts that remain suspended for 90 days are deleted automatically, after advance notice (see Section 6.5). Certain records may be retained for legally required periods. Our full Privacy Policy is available at concierly.co/privacy.
Concierly may offer a free trial period to new Clients. The trial period begins on the date you complete account setup, including the provision of a valid payment method. At the conclusion of the trial period, your subscription will automatically convert to a paid plan and the payment method on file will be charged unless you cancel before the trial expires.
Subscription fees are charged monthly in advance to the payment method on file. Concierly reserves the right to modify subscription pricing upon 30 days' written notice to you. Continued use of the Services after the effective date of a price change constitutes your acceptance of the new pricing.
Your subscription covers one business location. Each additional location is billed at the per-location price shown on our Pricing page. When you add a location, the prorated charge for the rest of the current billing period is collected immediately; when you remove one, it stops being billed from the next billing period, with no refund for the current one. Any introductory or founding discount applies only to the price of your first location, unless we tell you otherwise. The prices in effect for your account are those shown in your account dashboard.
You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No refunds are issued for partial billing periods except where required by applicable law. Following cancellation, your access to the Platform will continue until the end of the paid period, after which access will be suspended.
If a payment fails, Concierly will attempt to collect payment and notify you. If payment cannot be collected, your account may be suspended. All data is retained during suspension. Accounts remaining suspended for 90 days without payment resolution are permanently deleted, after advance notice.
Certain accounts may be designated as billing-exempt by Concierly at its sole discretion, typically for beta testing, pilot programs, or promotional purposes. Billing-exempt status may be revoked upon 14 days' notice, at which point standard subscription terms apply.
Concierly will use commercially reasonable efforts to maintain Platform availability. However, Concierly does not guarantee uninterrupted or error-free operation of the Services. Scheduled maintenance, unscheduled outages, third-party service failures (including Review Platform API changes or outages), and force majeure events may affect Platform availability. Concierly shall not be liable for any losses arising from Platform unavailability.
Concierly reserves the right to modify, update, or discontinue any feature of the Platform upon reasonable notice. Material changes to core functionality will be communicated with at least 14 days' advance notice.
The Platform integrates with third-party Review Platforms (such as Google Business Profile). Your use of such integrations is subject to the terms of service of those platforms. Concierly is not affiliated with, endorsed by, or responsible for any Review Platform. Changes to Review Platform APIs, policies, or terms may affect Platform functionality. Concierly will use reasonable efforts to maintain compatibility but cannot guarantee continued integration where a Review Platform changes its systems or restricts access.
You are responsible for ensuring your use of the Platform complies with the terms of service of all Review Platforms on which you publish responses.
The Platform, including all software, algorithms, AI models, user interfaces, documentation, and all related intellectual property, is owned by or licensed to Concierly. These Terms do not grant you any intellectual property rights in the Platform beyond the limited right to use the Services during your subscription.
AI-Generated Responses are generated based on your Client Content and business context. Upon your approval and publication of an AI-Generated Response, you own that published content. Concierly does not claim ownership of Approved Responses.
If you provide feedback, suggestions, or ideas about the Platform, you grant Concierly a perpetual, irrevocable, royalty-free license to use such feedback for any purpose without obligation to you.
Each party agrees to keep confidential all non-public information disclosed by the other party in connection with these Terms that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information. This obligation does not apply to information that is or becomes publicly available through no fault of the receiving party, or that is independently developed by the receiving party.
You may terminate your subscription at any time by contacting Concierly or through the subscription management interface in the Platform.
Concierly may suspend or terminate your access to the Platform immediately upon notice if:
Upon termination, your right to access and use the Services ceases immediately and your account is suspended. Concierly will retain your data for 90 days following termination, during which you may request data export. After 90 days, data will be deleted, after advance notice and subject to any legally required retention periods. Sections 3, 4, 5, 9, 10, and 12 survive termination.
These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
Any dispute arising out of or relating to these Terms or the Services shall first be subject to good-faith negotiation between the parties. If the dispute is not resolved within 30 days of written notice, it shall be submitted to binding arbitration in accordance with the rules of the ADR Institute of Canada. The arbitration shall be conducted in English in the Province of Ontario. The arbitrator's decision shall be final and binding. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST CONCIERLY.
These Terms, together with the Privacy Policy and any order forms or subscription agreements, constitute the entire agreement between you and Concierly regarding the Services and supersede all prior agreements and understandings.
Concierly reserves the right to amend these Terms at any time. Each updated version is numbered, and when it takes effect you will be asked to review and accept it before you continue using the Platform; we record the version, date and time of your acceptance. If you do not accept updated Terms, you may cancel your subscription under Section 6.4.
If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
Failure by either party to enforce any provision of these Terms shall not constitute a waiver of that party's right to enforce such provision in the future.
You may not assign or transfer your rights or obligations under these Terms without Concierly's prior written consent. Concierly may assign these Terms without restriction in connection with a merger, acquisition, or sale of all or substantially all of its assets.
Concierly shall not be liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from causes beyond Concierly's reasonable control, including but not limited to acts of God, natural disasters, pandemic, government action, third-party service failures, or internet infrastructure failures.
Notices to Concierly under these Terms should be directed to legal@concierly.co. Concierly will provide notices to you via the email address registered on your account.
The parties have expressly requested that these Terms and all related documents be drafted in English. Les parties ont expressément demandé que ces conditions et tous les documents connexes soient rédigés en anglais.
Concierly Inc.
concierly.co
Legal inquiries: legal@concierly.co
Privacy inquiries: privacy@concierly.co