Terms of Use

Last updated December 2023

Welcome to Concierge. Please read on to learn the rules and restrictions that govern your use of our app(s) and website(s) (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at service@conciergeteam.co.

These Terms of Use (the “Terms”) are a binding contract between you and CONCIERGE MESSAGING LLC (“Concierge,” “we,” and “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy (https://www.conciergeteam.co/privacy). Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), including Concierge’s acceptable use and messaging policies, which are incorporated herein by reference.

PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE IMPORTANT INFORMATION ABOUT YOUR RIGHTS, LIMITATIONS OF LIABILITY, AND DISPUTE RESOLUTION THROUGH ARBITRATION.

Changes to These Terms

We may update these Terms from time to time. We will provide notice by posting updates on our website or through other reasonable means. Continued use of the Services after changes become effective constitutes acceptance of the updated Terms.

Privacy

Please review our Privacy Policy: https://www.conciergeteam.co/privacy

Eligibility

You represent that you are legally able to enter into these Terms. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization.

Customer Data

As between you and Concierge, you retain all rights in any data, content, or communications you submit or send through the Services (“Customer Data”).

You grant Concierge a limited, non-exclusive, worldwide license to process Customer Data solely as necessary to provide, maintain, and improve the Services in accordance with these Terms and our Privacy Policy.

Messaging & Communications

Concierge provides infrastructure that enables organizations to send communications to their audiences.

Concierge acts as a service provider and transmits communications based on instructions from its customers. Concierge does not determine the recipients, content, or timing of such communications.

Communications sent through the Services may include SMS, messaging platforms (including WhatsApp and RCS), and email.

  • Messages are sent on behalf of organizations using Concierge, not Concierge directly
  • Delivery depends on third-party telecommunications carriers and platforms, and Concierge does not guarantee message delivery or timing
  • Message and data rates may apply

You are solely responsible for:

  • Ensuring that all communications sent using the Services comply with applicable laws, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and other applicable laws
  • Obtaining all necessary consents before sending communications
  • Maintaining records of such consent where required

Concierge does not control and is not responsible for the content of communications sent through the Services.

Your use of the Services is subject to Concierge’s acceptable use and messaging policies, which require compliance with applicable laws and prohibit unlawful, abusive, or unsolicited communications.

Messaging Programs

Messaging programs may vary by customer and campaign. Message frequency, content, and opt-in mechanisms are determined by the organization sending communications through the Services. End users may opt out at any time by following the instructions provided in the message (e.g., replying “STOP”).

Acceptable Use

You agree not to use the Services in a manner that:

  • Violates any law or regulation
  • Sends unsolicited or unlawful communications
  • Infringes intellectual property rights
  • Interferes with the Services
  • Attempts to reverse engineer or extract data
  • Overloads or disrupts system infrastructure

Concierge reserves the right to suspend or restrict messaging capabilities if it reasonably believes that use of the Services violates applicable laws, carrier requirements, or these Terms.

Service Availability

Concierge does not guarantee that the Services will be uninterrupted, timely, secure, or error-free.

No Reliance

The Services are not intended for use in situations where failure or delay could result in significant harm. You are responsible for implementing appropriate backup communication methods.

Beta Features

Concierge may offer beta or experimental features. These are provided “as is” and may be modified or discontinued at any time.

Third-Party Services

The Services may integrate with third-party providers (e.g., carriers, messaging platforms, payment processors). Concierge is not responsible for such third parties.

Payments

Payments may be processed through third-party providers such as Stripe or Braintree. Concierge is not responsible for such providers.

Termination

You may stop using the Services at any time. Concierge may suspend or terminate access for any reason, including violations of these Terms.

Warranty Disclaimer

THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONCIERGE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. TOTAL LIABILITY SHALL NOT EXCEED $100.

Indemnification

You agree to indemnify and hold Concierge harmless from any claims arising from:

  • Your use of the Services
  • Any communications sent using the Services
  • Your failure to obtain required consent
  • Your violation of applicable laws or these Terms

Force Majeure

Concierge is not liable for any failure or delay resulting from causes beyond its reasonable control, including telecommunications failures, carrier disruptions, internet outages, or acts of God.

Feedback

If you provide feedback or suggestions, you grant Concierge a perpetual, irrevocable, royalty-free license to use such feedback.

Relationship of Parties

Nothing in these Terms creates a partnership, agency, or joint venture relationship.

Assignment

You may not assign these Terms without our consent. Concierge may assign these Terms without restriction.

Governing Law

These Terms are governed by the laws of the State of Massachusetts.

Arbitration & Dispute Resolution

Disputes will be resolved by binding arbitration in Massachusetts. You waive any right to participate in class actions.

Miscellaneous

These Terms represent the entire agreement between you and Concierge. If any provision is unenforceable, the remainder will remain in effect.

© 2025 Concierge Messaging LLC. All rights reserved.