Concierge Pilot

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Terms of Service

1. Parties

These Terms of Service ("Terms") are a binding agreement between Custom Ai Apps LLC, a Texas limited liability company doing business as Concierge Pilot ("we," "us"), and the person or entity that creates an account or subscribes to our services ("you," "Customer," or "Tenant").

By subscribing, using our software, or accepting a paid plan, you agree to these Terms. If you are agreeing on behalf of a company, you represent you have authority to bind that company.

2. The service

Concierge Pilot is a software platform for local businesses. It may include, depending on your subscription tier:

• A website and online presence (menu, hours, contact, chat agent)
• A point-of-sale (POS) and kitchen display system (KDS)
• Phone, SMS, and email agents that can answer calls, book appointments, and take orders
• An AI "brain" that uses your business data to answer questions and automate tasks
• Integrations with third-party services including Stripe, Twilio, Google, Resend, and OpenAI
• In-person payment acceptance via Stripe Terminal (card readers and Tap to Pay)

We add, modify, and remove features over time. Material reductions to features you are paying for will be communicated at least 30 days in advance.

3. Your account

You are responsible for: (a) the accuracy of the information you give us; (b) keeping your login credentials secure; (c) everything that happens in your account; and (d) making sure your employees and sub-users comply with these Terms.

You must be at least 18 years old and operating a lawful business to use the service.

4. Payment processing (important — please read)

4.1 Stripe is the payment processor

Concierge Pilot provides software; it does not process payment cards directly. All card, Apple Pay, Google Pay, and contactless payments accepted through the platform are processed by Stripe Payments (Stripe, Inc. and its affiliates), subject to Stripe's Services Agreement.

4.2 You are the merchant of record

When you accept payments using Concierge Pilot, you are the merchant of record. You connect your own Stripe account to Concierge Pilot (via Stripe Connect Standard). Funds settle directly from Stripe to your bank account. Concierge Pilot does not hold, route, or escrow customer funds.

This means:

• You are responsible for chargebacks, refunds, and disputes on your sales.
• You receive your 1099-K tax form from Stripe, not from us.
• Your sales tax obligations are yours, not ours.
• You agree to comply with Stripe's Services Agreement and applicable card network rules.

4.3 PCI compliance

Card data is tokenized by Stripe before it reaches any system we control. You are responsible for physical security of card readers you operate (e.g., keeping the Stripe Reader M2 under your control) and for the security of any devices where you take payments.

4.4 Disputes go through Stripe

Payment disputes, chargeback responses, and related communications are handled through your Stripe Dashboard. Concierge Pilot can help you surface the relevant order, customer, and transaction data, but we do not represent you in disputes with cardholders, card networks, or Stripe.

4.5 No payments guarantee

We make no guarantee that Stripe will approve or maintain your account, process a given transaction, or keep your current fee schedule. If Stripe terminates or limits your account, those consequences are between you and Stripe.

5. Fees & billing

Subscription fees. Your plan is billed monthly in advance by Stripe, at the rate shown at checkout or on the invoice. Rates may change; we will give at least 30 days' notice of any increase that applies to your existing subscription.

Usage-based fees. SMS beyond included allotments, overage on API-gated integrations, and premium add-ons (Phone Agent, Kitchen Inventory, Pro Intelligence) are billed based on usage or as separate subscription items.

Card processing fees. Stripe's standard processing fees (e.g., 2.9% + $0.30 for online card payments, 2.7% + $0.05 for in-person payments) are paid by you directly to Stripe and are not marked up by Concierge Pilot unless explicitly disclosed.

Refunds. Subscription fees are non-refundable except where required by law. If you cancel, you retain access through the end of the paid billing period.

No long-term contracts. You can cancel at any time from your billing portal; cancellation takes effect at the end of the current period.

6. Data & privacy

You own your customer and business data. We use it to operate and improve the service, including training our AI components on anonymized, aggregated data where permitted. We do not sell your data.

Sub-processors we use include: Supabase (database and edge functions), Stripe (payments), Twilio (SMS and voice), Resend (transactional email), OpenAI and Anthropic (AI models), Netlify (web hosting), and Vapi (voice AI). All are bound by their own data-processing terms.

See our Privacy Policy for full details.

7. Acceptable use

You will not use the service to: (a) send unsolicited commercial messages in violation of the TCPA, CAN-SPAM, or similar laws; (b) accept payments for goods or services prohibited by Stripe's Restricted Businesses list; (c) impersonate another business; (d) reverse-engineer or resell the service without written permission; or (e) transmit malware or interfere with our infrastructure.

8. Warranties & disclaimers

We aim for high uptime and correct behavior but the service is provided "as is". We disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law.

We do not warrant that the service will be uninterrupted, error-free, or free of harmful components, or that any given AI output will be accurate or complete.

9. Limitation of liability

To the maximum extent permitted by law, our total aggregate liability under these Terms, whether in contract, tort, or otherwise, is limited to the greater of (a) the fees you paid to us in the three months before the claim arose, or (b) $100 USD.

We are not liable for any indirect, incidental, consequential, special, or punitive damages; lost profits; lost revenue; or lost data. This includes losses stemming from actions or failures of Stripe, Twilio, OpenAI, Anthropic, or any other third-party service provider.

10. Termination

You may cancel at any time. We may suspend or terminate your account if you breach these Terms, if Stripe terminates your payment account, or if continuing to serve you would create material legal or financial risk to us. On termination we will, on request, export your business data in a reasonable machine-readable format within 30 days.

11. Governing law

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Disputes arising under these Terms will be resolved in the state or federal courts located in Ellis County, Texas, and you consent to that venue.

12. Contact

Custom Ai Apps LLC
4814 Arc Bend Road
Midlothian, TX 76065
[email protected]
(469) 336-7689