Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and The Concierge Club LLC ("Company," "we," "us," or "our") governing your access to and use of our website, services, and any related applications (collectively, the "Services").

2. Description of Services

The Concierge Club provides premium concierge staffing solutions for luxury residential buildings, including but not limited to:

• Front Desk Concierge Services: Professional staffing for residential building lobbies and reception areas
• Package Management: Comprehensive package receiving, logging, and distribution services
• Building Liaison Services: Coordination between residents, management, and service providers
• Pool Ambassador Services: Professional poolside hospitality and safety monitoring
• TrustDesk™ Software: Our proprietary building operations management platform

3. Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Have the legal authority to enter into binding contracts
• Not be prohibited from using our Services under applicable law
• Provide accurate and complete information when required

4. Client Accounts and Responsibilities

4.1 Account Creation

Certain features of our Services may require you to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as needed
• Keep your login credentials secure and confidential
• Notify us immediately of any unauthorized access to your account

4.2 Client Responsibilities

As a client of The Concierge Club, you agree to:

• Provide a safe working environment for our concierge professionals
• Communicate staffing needs and schedule changes in a timely manner
• Treat our staff with respect and professionalism
• Pay for Services in accordance with agreed-upon terms
• Comply with all applicable laws and regulations

5. Service Agreements and Contracts

Our staffing services are governed by separate Service Agreements that outline specific terms including:

• Scope of services and staffing requirements
• Pricing, billing cycles, and payment terms
• Service level expectations and performance standards
• Contract duration and termination provisions
• Insurance and liability requirements

In the event of any conflict between these Terms and a specific Service Agreement, the Service Agreement shall prevail.

6. TrustDesk™ Software Terms

6.1 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use our TrustDesk™ platform for your internal business purposes in connection with our Services.

6.2 Restrictions

You may not:

• Copy, modify, or create derivative works of the software
• Reverse engineer, decompile, or disassemble the software
• Rent, lease, or lend the software to third parties
• Use the software for any unlawful purpose
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the integrity of the platform

6.3 Data Ownership

You retain ownership of any data you input into TrustDesk™. We retain ownership of all aggregated, anonymized data derived from platform usage for purposes of improving our Services.

7. Payment Terms

7.1 Fees and Billing

You agree to pay all fees associated with your use of our Services as specified in your Service Agreement. Payment terms typically include:

• Invoicing on a bi-weekly or monthly basis
• Payment due within 30 days of invoice date
• Accepted payment methods as specified in your agreement

7.2 Late Payments

Late payments may be subject to:

• Interest charges of 1.5% per month on outstanding balances
• Suspension of Services until payment is received
• Collection costs and reasonable attorney's fees

8. Intellectual Property

8.1 Our Intellectual Property

All content, features, and functionality of our Services—including but not limited to text, graphics, logos, trademarks (including "The Concierge Club" and "TrustDesk™"), software, and design—are owned by us or our licensors and are protected by intellectual property laws.

8.2 Limited Use

You may not use our trademarks, logos, or branding without our prior written consent. Any unauthorized use may violate trademark, copyright, and other laws.

9. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information exchanged during the course of our business relationship. This includes:

• Pricing and contract terms
• Business strategies and operational procedures
• Resident and building information
• TrustDesk™ platform data and analytics

10. Limitation of Liability

10.1 Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CONCIERGE CLUB SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES.

10.3 Cap on Liability

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless The Concierge Club, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or related to:

• Your use of our Services
• Your violation of these Terms
• Your violation of any rights of a third party
• Any content or data you provide through our Services

12. Termination

12.1 Termination by You

You may terminate your use of our Services at any time by providing written notice in accordance with your Service Agreement.

12.2 Termination by Us

We may suspend or terminate your access to our Services immediately if:

• You breach any provision of these Terms
• You fail to make timely payments
• We are required to do so by law
• We discontinue offering the Services

12.3 Effect of Termination

Upon termination, your right to use our Services will immediately cease. Provisions that by their nature should survive termination will continue in effect, including intellectual property rights, disclaimers, and limitations of liability.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us and attempt to resolve the dispute informally for at least 30 days.

13.2 Arbitration

Any dispute arising from these Terms or our Services that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Hudson County, New Jersey.

13.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Hudson County, New Jersey.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website with a new effective date. Your continued use of our Services after such changes constitutes acceptance of the modified Terms.

16. General Provisions

16.1 Entire Agreement

These Terms, together with any applicable Service Agreement, constitute the entire agreement between you and The Concierge Club regarding our Services.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

17. Contact Information