Terms of Service

Fitpa B.V. · Singel 425, 1012 WP Amsterdam, The Netherlands · KvK: 42030266 · VAT: NL869384855B01

Introduction

These Terms of Service ("Terms") govern access to and use of Conciairge, an AI-powered property management platform provided by Fitpa B.V., trading as Conciairge ("Conciairge", "we", "us", or "our"). Conciairge is a software-as-a-service product intended for individuals and organizations engaged in the management, letting, or investment of residential property. This includes private individual landlords and property investors, as well as property management companies and family offices, regardless of whether they operate through a registered legal entity. The Service is not intended for use in connection with a Customer's own personal or household residence, or for any other purely personal or household purpose unrelated to the management or investment of property.

By creating an account, accessing, or using Conciairge, you ("Customer", "you") agree to be bound by these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have the authority to bind that organization, in which case "you" refers to that organization.

If you do not agree to these Terms, do not access or use Conciairge.

1. Definitions

• "Account" means a registered user profile that provides access to the Platform.
• "Agent" or "AI Agent" means the AI-driven functionality within the Platform (including the Inbox Agent, Portfolio Agent, and Rental Income Agent, or such other agents as we may offer) that processes communication and data and generates or executes Tasks.
• "AI Output" means any content, draft, summary, recommendation, or action generated or proposed by the Platform's AI functionality.
• "Approval" means the Customer's explicit confirmation, via the Platform's approval controls, authorizing an Agent to execute a specific Task.
• "Customer Data" means all data submitted to, processed by, or generated within the Platform in connection with the Customer's use of the Service, including Tenant Data, Supplier Data, and Property Data.
• "Organization" means the Customer and its associated Workspace, Users, and Customer Data.
• "Platform" or "Service" means the Conciairge software platform, including associated websites, applications, integrations, and AI functionality.
• "Property Data" means information relating to real estate managed through the Platform, including addresses, lease agreements, and portfolio information.
• "Subscription Plan" means the pricing and feature tier selected by the Customer.
• "Supplier Data" means information relating to third-party contractors or service providers engaged in maintenance or repair coordination.
• "Task" means a discrete action performed or proposed by an Agent, such as drafting a message, scheduling an appointment, or updating a record.
• "Tenant Data" means personal data relating to a Customer's tenants processed through the Platform.
• "User" means an individual authorized by the Customer to access the Platform under the Customer's Organization.
• "Workspace" means the logical environment within the Platform associated with a specific Organization.

2. Acceptance of Terms

These Terms, together with our Privacy Policy and any Order Form, Data Processing Agreement, or Subscription Plan documentation referenced herein (collectively, the "Agreement"), constitute the entire agreement between you and Conciairge regarding use of the Service. We may update these Terms from time to time in accordance with Section 25 (Changes to the Terms). Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

3. Eligibility

The Service is intended for individuals and organizations using the Platform in connection with the management, letting, or investment of residential property for business or investment purposes — including private landlords and property investors acting in an individual capacity, property investors, property management companies, and their authorized personnel. By using the Service, you represent that:

1. you are using the Service in connection with the management, letting, or investment of property for business or investment purposes, including as an individual private landlord or investor, and not for purely personal, household, or private purposes unrelated to property management;
2. you are at least 18 years of age and have the legal capacity to enter into binding contracts;
3. if registering on behalf of an organization, you are authorized to do so; and
4. your use of the Service will comply with all applicable laws, including tenancy, data protection, and consumer protection law applicable to your jurisdiction and your relationships with tenants and suppliers.

4. Account Registration

To use the Service, you must register for an Account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your Account credentials and for all activity occurring under your Account. You must notify us promptly at legal@conciairge.nl if you become aware of any unauthorized access to or use of your Account.

5. Organization Accounts

An Organization may have multiple Users. Workspace administrators designated by the Customer may invite additional Users, assign roles, and manage permissions within the Organization's Workspace.

The Customer is responsible for (a) all actions taken by Users within its Workspace, including approvals granted by any User, and (b) ensuring that Users are authorized to access the categories of Tenant Data, Supplier Data, and Property Data made available to them.

6. Subscription Plans

Access to the Service is provided under a Subscription Plan selected at signup or as set out in an applicable Order Form. Subscription Plans may vary in scope of functionality, number of properties or Users, and usage limits for AI-driven Tasks. We may introduce, modify, or discontinue Subscription Plans or specific features, provided that we will give reasonable notice of any material reduction in functionality affecting an active Subscription Plan.

7. Billing and Payment

Fees are billed in advance on a recurring basis (monthly or annually, as selected) unless otherwise agreed in an Order Form. All fees are exclusive of applicable VAT and other taxes, which will be added where legally required. Payments are non-refundable except as expressly stated in these Terms or as required by mandatory law. If a payment fails or is overdue, we may suspend access to the Service in accordance with Section 18 (Suspension of Accounts) after providing reasonable notice. We may change fees for future billing periods by providing at least 30 days' prior notice. Continued use of the Service after a fee change takes effect constitutes acceptance of the new fees.

8. Customer Responsibilities

The Customer is responsible for:

• ensuring the accuracy and lawfulness of all Tenant Data, Supplier Data, and Property Data submitted to the Platform;
• reviewing and Approving Tasks and AI Output where the Platform requires or offers an Approval step, before such output is relied upon or acted upon externally;
• configuring approval thresholds, autonomy settings, and notification preferences appropriate to its risk tolerance;
• maintaining any legally required disclosures to tenants regarding the processing of their personal data and the use of AI-generated communication, including under Article 50 of the EU AI Act where applicable;
• complying with applicable tenancy law, rent regulation, and consumer protection law in its own jurisdiction and municipality; and
• promptly correcting or escalating any AI Output that it identifies as inaccurate, inappropriate, or non-compliant.

9. Acceptable Use

You agree not to:

• use the Service for any unlawful, fraudulent, discriminatory, or harassing purpose, including in tenant or supplier communication;
• use the Service to make representations to tenants that you are not authorized or able to honor;
• attempt to reverse engineer, decompile, or extract the underlying models, source code, or algorithms of the Platform;
• interfere with or disrupt the integrity or performance of the Service, including through unauthorized automated access;
• use the Service to process categories of personal data not contemplated by these Terms or the Privacy Policy without our prior written consent; or
• circumvent or disable any Approval, guardrail, or safety mechanism built into the Platform.

10. AI Functionality Disclaimer

The Platform uses large language models and related AI services to generate summaries, draft communications, recommend actions, and execute Tasks on the Customer's behalf. You acknowledge and agree that:

• AI Output may contain inaccuracies, omissions, or errors, and may not reflect the most current or legally accurate information;
• you remain solely responsible for reviewing and Approving AI Output before it is relied upon, sent to a third party, or acted upon, where an Approval step is presented;
• Conciairge does not provide legal, financial, tax, insurance, or professional property management advice, and AI Output must not be treated as such;
• Conciairge is not liable for decisions made, or actions taken by the Customer or third parties, based solely on AI Output, except to the extent such liability arises from our gross negligence or wilful misconduct in the operation of the Platform;
• the AI functionality is designed to assist the Customer's own judgement and operational processes, not to replace professional judgement, and the Customer remains responsible for outcomes within its property portfolio; and
• for Tasks executed autonomously by an Agent (i.e., without a prior Approval step, where the Customer has configured such autonomy), the Customer accepts the associated operational risk in exchange for the efficiency of automated execution, subject to the limitations of liability in Section 21.

11. User-Generated Content

Customer Data, including any content submitted, uploaded, or entered by Users ("User Content"), remains the property of the Customer or its applicable rights holder. By submitting User Content, the Customer grants Conciairge a limited, non-exclusive, worldwide license to host, process, transmit, and display such content solely for the purpose of providing and improving the Service, subject to Section 17 (Data Ownership) and our Privacy Policy.

The Customer represents that it has all necessary rights and consents to submit User Content to the Platform, including any personal data of tenants, suppliers, or other third parties.

12. Intellectual Property

All rights, title, and interest in and to the Platform, including its software, design, AI models and configurations, trademarks (including "Conciairge"), and documentation, are and remain the exclusive property of Fitpa B.V. and its licensors. Nothing in these Terms grants the Customer any right or license to such intellectual property except the limited right to access and use the Service in accordance with these Terms.

Feedback, suggestions, or ideas voluntarily submitted by the Customer regarding the Service may be used by us without restriction or obligation to the Customer.

13. Confidentiality

Each party agrees to protect the other party's confidential information with the same degree of care it uses to protect its own confidential information of a similar nature, and no less than a reasonable degree of care. Confidential information does not include information that is or becomes publicly available through no fault of the receiving party, was already known to the receiving party without confidentiality obligations, or is independently developed.

This Section survives termination of the Agreement for a period of five (5) years, except with respect to trade secrets, which remain protected for as long as they qualify as trade secrets under applicable law.

14. Third-Party Integrations

The Platform may integrate with third-party services, including Gmail, Outlook, WhatsApp Business, PSD2-licensed banking data providers, calendar providers, property management software, and cloud storage providers ("Third-Party Services"). Such integrations may evolve, be added, modified, or discontinued over time.

Your use of any Third-Party Service is subject to that provider's own terms of service and privacy policy. We are not responsible for the availability, accuracy, security, or content of Third-Party Services, and we disclaim liability for any loss arising from your use of or reliance on them, except to the extent caused by our own breach of this Agreement.

15. Service Availability

We will use commercially reasonable efforts to maintain the availability of the Service, but we do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to maintenance, updates, third-party outages (including Third-Party Services or AI model providers), or circumstances beyond our reasonable control.

Specific availability commitments, if any, will be set out in a separate Service Level Agreement where applicable to the Customer's Subscription Plan.

16. Beta Features

We may make experimental or pre-release features ("Beta Features") available for testing. Beta Features are provided "as is", may be modified or discontinued at any time without notice, and may be subject to additional terms. Beta Features should not be relied upon for production-critical or high-risk use cases, including tenant-facing communication involving legal notices, without additional Customer review.

17. Data Ownership

As between the parties, the Customer retains all rights, title, and interest in and to Customer Data, including Tenant Data, Supplier Data, and Property Data. We claim no ownership over Customer Data and will process it solely in accordance with these Terms, our Privacy Policy, and, where applicable, our Data Processing Agreement.

With respect to personal data of tenants and suppliers processed through the Platform, the Customer acts as the Data Controller and Conciairge acts as the Data Processor, as further described in our Privacy Policy and Data Processing Agreement.

18. Suspension of Accounts

We may suspend access to the Service, in whole or in part, if: (a) fees are overdue and not paid within a reasonable cure period after notice; (b) we reasonably believe the Customer or a User has violated Section 9 (Acceptable Use); (c) suspension is necessary to prevent harm to the Platform, other customers, or third parties; or (d) required by law or a competent authority. Where reasonably possible, we will provide advance notice of suspension.

19. Termination

Either party may terminate the Agreement for convenience at the end of the then-current subscription term by providing written notice in accordance with the notice period specified in the applicable Subscription Plan, or immediately if the other party materially breaches the Agreement and fails to cure such breach within 30 days of written notice.

Upon termination, the Customer's access to the Service will cease. We will make Customer Data available for export for a period of 30 days following termination, after which it may be deleted in accordance with our data retention practices, except where retention is required by law or for the establishment, exercise, or defense of legal claims.

20. Warranties Disclaimer

EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE (INCLUDING AI OUTPUT) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY.

EXCEPT FOR (I) BREACHES OF SECTION 13 (CONFIDENTIALITY), (II) A PARTY'S INDEMNIFICATION OBLIGATIONS, OR (III) LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW (INCLUDING LIABILITY FOR DEATH, PERSONAL INJURY, OR GROSS NEGLIGENCE), EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY THE CUSTOMER TO CONCIAIRGE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

This limitation applies in particular to any claim arising from AI Output, including inaccurate, incomplete, or inappropriate content generated or executed by an Agent, whether or not such output was subject to Customer Approval.

22. Indemnification

The Customer agrees to indemnify and hold Conciairge harmless from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from: (a) the Customer's breach of this Agreement; (b) Customer Data, including any infringement or violation of third-party rights (including tenant or supplier data protection rights) contained therein; or (c) the Customer's use of AI Output in violation of applicable law or without appropriate review.

Conciairge agrees to indemnify and hold the Customer harmless from any third-party claims that the Platform, as provided by us and used in accordance with this Agreement, infringes a third party's intellectual property rights, subject to the limitations in Section 21.

23. Governing Law

This Agreement is governed by the laws of the Netherlands, without regard to its conflict of laws principles.

24. Dispute Resolution

The parties will first attempt to resolve any dispute arising out of or relating to this Agreement through good-faith negotiation. If the dispute is not resolved within 30 days, it shall be submitted to the competent courts of Amsterdam, the Netherlands, which shall have exclusive jurisdiction, unless mandatory law provides otherwise.

25. Changes to the Terms

We may modify these Terms from time to time to reflect changes in the Service, legal requirements, or our business practices. We will provide notice of material changes by email or in-Platform notification at least 15 days before the changes take effect. Non-material changes (e.g., clarifications) may take effect immediately upon posting.

26. Contact Information

Questions about these Terms should be directed to:

Fitpa B.V.
Singel 425, 1012 WP Amsterdam, The Netherlands
Chamber of Commerce (KvK): 42030266
VAT: NL869384855B01
Email: legal@conciairge.nl