Terms of Service
The complete agreement governing access to and use of the ResortConcierge AI platform by hotels, resorts, and their authorized users.
These Terms of Service (the "Terms") form a binding legal agreement between you and Anchor Point Agency, LLC, a limited liability company organized under the laws of the State of South Carolina, United States, doing business as ResortConcierge AI ("ResortConcierge," "we," "us," or "our"). They govern your access to and use of the ResortConcierge AI websites, web and mobile applications, dashboards, APIs, integrations, documentation, and related services (collectively, the "Service"). By accessing or using the Service, creating an account, clicking to accept, or otherwise indicating your agreement, you acknowledge that you have read, understood, and agree to be bound by these Terms and by the documents incorporated here by reference, including our Acceptable Use Policy and Privacy Policy. Where you and ResortConcierge have entered into a separately signed order form, master subscription agreement, or enterprise agreement (an "Order"), that Order controls to the extent it conflicts with these Terms for the subject it covers; for all other matters, these Terms are the controlling agreement. Please read these Terms carefully: they include important provisions on automatic renewal, disclaimers of warranties, limitations of liability, indemnification, and a binding arbitration agreement and class-action waiver that affect your legal rights.
1. Acceptance, eligibility & authority
By accessing or using the Service, you accept these Terms on behalf of the property, company, or organization you represent, and you bind that organization to them. The Service is intended solely for business use by hospitality operators and their authorized staff; it is not directed to or intended for personal, household, or consumer use, and it is not directed to children under 18. You are responsible for ensuring that your access to and use of the Service is lawful in every jurisdiction in which you and your Guests operate.
- You represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract.
- You represent that the organization you act for is duly formed, validly existing, and in good standing under the laws of its jurisdiction.
- You represent that the individual accepting these Terms has full authority to bind that organization; if you lack that authority or do not agree to these Terms, you must not access or use the Service.
- You may not use the Service if you are barred from receiving it under U.S. or other applicable law, or if you are located in, ordinarily resident in, or a national of any country or territory subject to comprehensive U.S. sanctions or embargoes.
- Your continued access to and use of the Service is conditioned on your ongoing compliance with these Terms, the Acceptable Use Policy, and all applicable laws and regulations.
2. Definitions
Capitalized terms used in these Terms have the meanings given below or where they are first defined in the text.
- "Anchor Point Agency, LLC" — the South Carolina limited liability company that operates the Service under the ResortConcierge AI brand, referred to in these Terms as "ResortConcierge," "we," "us," or "our."
- "Customer" — the hotel, resort, portfolio, or organization that subscribes to or uses the Service, referred to as "you" or "your."
- "Authorized Users" — the employees, contractors, and agents the Customer permits to access and use the Service under its account.
- "Guests" — the Customer's end customers (hotel and resort guests) who interact with Customer-facing experiences powered by the Service.
- "Customer Data" — content, property information, knowledge-base material, configuration, and guest data that the Customer or its Authorized Users load into, submit to, or generate through the Service.
- "Credits" — the usage units consumed by AI interactions and other metered features under a Plan.
- "Plans" — the Property, Portfolio, and Enterprise subscription tiers and any add-on packs or modules.
- "AI Output" — the text, suggestions, summaries, translations, classifications, or other content generated by the Service's AI features.
- "Order" — a signed order form, master subscription agreement, enterprise agreement, or online checkout selection that references or incorporates these Terms.
- "Service" — the ResortConcierge AI websites, applications, dashboards, APIs, integrations, Documentation, and related services we make available.
- "Documentation" — the user guides, technical materials, and usage policies we generally make available for the Service.
- "Acceptable Use Policy" or "AUP" — our policy describing permitted and prohibited uses of the Service, incorporated into these Terms by reference.
3. Accounts & authorized users
You are responsible for registering and configuring your account, provisioning Authorized Users, and assigning roles, permissions, and access controls appropriate to your organization. You are responsible for all activity that occurs under your account and your Authorized Users' credentials, whether or not authorized by you, and for keeping all credentials confidential and secure.
- You must provide accurate, current, and complete registration and billing information and keep it up to date.
- You must ensure that each Authorized User accesses the Service only with their own credentials and complies with these Terms and the Acceptable Use Policy.
- You must implement reasonable security practices, including protecting login credentials and, where available, enabling multi-factor authentication.
- You must promptly notify us of any suspected or actual unauthorized access, account compromise, or security incident affecting your account.
- You are solely responsible for the accuracy, quality, legality, and appropriateness of all Customer Data you load into the Service, including any guest data, and for obtaining all rights, consents, and notices necessary for us to process it on your behalf.
- We may set reasonable limits on accounts (for example, on storage, API calls, or numbers of Authorized Users) and may require verification of your identity or authority.
4. Subscriptions, plans & billing
Paid Plans (Property, Portfolio, and Enterprise) are sold on a subscription basis and billed in advance on a recurring cycle (monthly or annual) as stated at purchase or in your Order. Unless otherwise stated, subscriptions automatically renew for successive terms at the then-current rates unless either party cancels before the end of the current term in accordance with these Terms or your Order. Billing is supported across 45+ regions; fees are stated exclusive of taxes, and you are responsible for all applicable sales, use, VAT, GST, withholding, and similar taxes (other than taxes on our income). You authorize us or our payment processors to charge your designated payment method for all fees due.
- Fees are based on your selected Plan, included Credit allowance, any add-on packs, and metered overages.
- Unless your Order states otherwise, subscriptions automatically renew for successive terms equal to the prior term, and you authorize us to charge your payment method for each renewal at the then-current rates.
- To prevent renewal, you (or we) must provide notice of non-renewal before the end of the then-current term, in the manner described in your Plan or Order.
- You authorize us and our payment processors to store your payment method and charge it for all fees, taxes, overages, and renewals when due.
- Invoices are due on the terms stated at purchase or in your Order; late amounts may accrue interest and reasonable collection costs to the extent permitted by law.
- All fees are stated and payable in the currency identified at purchase, and any bank, card, or currency-conversion charges are your responsibility.
- We may suspend or limit the Service for non-payment after reasonable notice, without waiving our right to the amounts owed.
- Except where required by law or expressly stated in a signed Order, payment obligations are non-cancelable and fees paid are non-refundable.
5. Usage-based credits
Each Plan includes a monthly allowance of Credits that are consumed as AI interactions and other metered features are used. Add-on Credit packs may be purchased as needed.
- Credits have no cash value, are not redeemable for money, and are non-transferable except as expressly permitted.
- Unless your Plan or Order states otherwise, monthly included Credits do not roll over and expire at the end of each billing cycle.
- Usage beyond your included allowance is billed as overage or drawn from add-on packs at the applicable rates.
- We measure consumption using our systems, and those measurements are the authoritative record of usage.
- Credit consumption rates for different features may change as the Service evolves; current rates are reflected in your account or Documentation.
- We may offer promotional or bonus Credits at our discretion, which may carry additional conditions and may expire.
6. Free trial
We may offer a free trial (for example, 14 days, no credit card required to begin). Trials are provided for evaluation only, may be limited to one per organization, and may have feature, Credit, or duration limits that we may modify or discontinue at any time. We may require payment or verification information to begin or continue a trial. Unless you purchase a paid Plan before the trial ends, your access may be suspended or your trial account and its data may be deactivated and deleted without further notice. Any Customer Data you wish to retain should be exported before the trial ends. Free trials are provided "as is" and "as available," with no warranties, support, or service commitments of any kind.
7. Changes to the service, plans & pricing
We may change, add to, suspend, or remove features, functionality, Plan and package contents, Credit allowances, and pricing at any time and at our sole discretion. We will provide notice of material changes where required by law or your Order, and price changes generally take effect on your next renewal term. Your continued use of the Service after a change takes effect constitutes acceptance of that change. We are not liable to you or any third party for modifying, suspending, or discontinuing any part of the Service.
- For material, adverse changes to core functionality during a paid term, we will use commercially reasonable efforts to provide advance notice through the Service, by email, or in your account.
- We may deprecate or end-of-life features or integrations, and where practicable we will give reasonable notice and, where available, a migration path.
- Beta, preview, or early-access features may be offered "as is," may be changed or withdrawn at any time, and are excluded from any service commitments or warranties.
8. Service availability & support
The Service is provided on an "as is" and "as available" basis. Except where a separate, signed service level agreement (SLA) expressly applies, we do not warrant or guarantee any level of uptime, availability, uninterrupted or error-free operation, response time, or any other service standard, and we may perform maintenance, updates, or changes that affect availability. Support, if any, is provided at the level described for your Plan or in your Order.
- We may perform scheduled or emergency maintenance, and we will use commercially reasonable efforts to limit disruption where practicable.
- The Service depends on third-party infrastructure, networks, hosting providers, and AI model providers that we do not control, and their outages may affect availability.
- Any availability targets, response times, or support commitments apply only if expressly stated in a signed SLA or your Order, and are subject to the exclusions stated there.
9. Fees & refunds
All fees are non-refundable, in whole or in part, except where required by applicable law or expressly stated in a signed Order. Without limiting the foregoing, fees are non-refundable for, and outages do not create any refund, credit, or liability obligation arising from, downtime, interruptions, degraded performance, scheduled or emergency maintenance, suspension, or your decision to stop using the Service. Any service credits, where offered, are available only under a separate signed SLA and are your sole and exclusive remedy for the matters they cover.
- If you believe an invoice is incorrect, you must notify us in writing within 30 days of the invoice date to be eligible for an adjustment; otherwise the invoice is deemed accepted.
- Downgrading a Plan or reducing usage mid-term does not entitle you to a refund or credit for the unused portion unless your Order states otherwise.
- Where a refund is required by law, it will be calculated on a pro-rata basis for the unused portion of the then-current term unless the law requires otherwise.
10. Acceptable use
Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. You are responsible for ensuring your Authorized Users and your Guests' interactions comply with that policy and applicable law. We may investigate suspected violations and may suspend or restrict access to protect the Service, our users, or third parties. Without limiting the Acceptable Use Policy, you agree that you and your Authorized Users will not:
- Use the Service to transmit unlawful, infringing, harassing, defamatory, deceptive, or harmful content, or to violate the privacy, publicity, or other rights of any person.
- Attempt to gain unauthorized access to the Service, other accounts, or our systems, or probe, scan, or test the vulnerability of the Service without our prior written authorization.
- Introduce malware or malicious code, interfere with or disrupt the integrity or performance of the Service, or circumvent usage limits, Credits, rate limits, or access controls.
- Reverse engineer, decompile, disassemble, scrape, or copy the Service, or use the Service or AI Output to build or train a competing product or model, except to the extent this restriction is prohibited by applicable law.
- Use the Service in violation of export-control, sanctions, anti-spam, telemarketing, consumer-protection, or data-protection laws, or to process data you are not authorized to process.
- Resell, sublicense, time-share, or provide the Service to third parties except as expressly permitted in your Order.
11. Customer data
As between the parties, you retain all rights in and ownership of Customer Data. You grant us a worldwide, non-exclusive license to host, copy, process, transmit, display, and otherwise use Customer Data as needed to provide, secure, support, and improve the Service and to comply with law. For guest data processed through the Service, we generally act as a processor on your behalf, and our handling of personal data is described in our Privacy Policy and, where applicable, our Data Processing Agreement (DPA).
- We maintain administrative, technical, and physical safeguards designed to protect Customer Data appropriate to the nature of the Service, but no system is perfectly secure and you remain responsible for your own security configuration.
- We may create and use aggregated and de-identified data that does not identify you, your Authorized Users, or your Guests to operate, analyze, benchmark, and improve the Service.
- You are responsible for maintaining your own backups of Customer Data where retention matters to you, and for configuring the data-retention and deletion settings the Service makes available.
- You are responsible for providing all required privacy notices to, and obtaining all required consents from, your Guests and Authorized Users for the processing performed through the Service.
12. AI features & disclaimers
The Service uses artificial intelligence to generate AI Output such as concierge responses, summaries, and translations. AI Output is generated automatically and may be inaccurate, incomplete, outdated, or otherwise unsuitable, and it does not constitute professional, legal, medical, financial, or other expert advice.
- AI Output requires human oversight; you are responsible for reviewing it before it is relied upon or sent to Guests.
- You are solely responsible for all guest-facing communications, decisions, and outcomes that result from your use of the Service and AI Output.
- We make no representation, warranty, or guarantee regarding the accuracy, reliability, completeness, or fitness for any purpose of AI Output.
- You are responsible for configuring rules, knowledge bases, and guardrails appropriate to your property and for complying with disclosure laws regarding AI interactions.
- AI Output may be processed by third-party AI model providers, and similar or identical output may be generated for other customers; you should not assume AI Output is unique to you.
- You must not rely on AI Output for emergency, safety, medical, legal, or financial decisions, and you must maintain appropriate human review for any guest-facing use.
13. Third-party services & integrations
The Service may interoperate with third-party products and services, including property management systems (PMS), point-of-sale (POS) systems, messaging channels, payment processors, and AI model providers. Those third-party services are governed by their own terms and are provided by their respective providers, not by us. We do not control and are not responsible for third-party services, their availability, or their handling of data, and your use of them is at your own risk. We may add, change, or discontinue integrations at any time.
- When you enable an integration, you authorize us to access, exchange, and process data with that third-party service as needed to provide the integration.
- Your use of any third-party service is governed by that provider's terms and privacy policy, and we are not responsible for their acts, omissions, security, or data practices.
- If a third-party service changes, limits, or discontinues its functionality or access, the related features of the Service may be affected, and we are not liable for those effects.
14. Intellectual property
We and our licensors own all right, title, and interest in and to the Service, including all software, models, algorithms, content, designs, and Documentation, and all related intellectual property rights. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service during your subscription term solely for your internal business purposes and subject to these Terms. All rights not expressly granted to you are reserved by us and our licensors.
- You may not copy, modify, translate, reverse engineer, decompile, resell, sublicense, or create derivative works of the Service except as expressly permitted by these Terms or required by applicable law.
- If you provide feedback, ideas, or suggestions about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without restriction or compensation.
- Each party's use of the other's names, logos, or trademarks requires prior written consent, except that we may identify you as a customer and use your name and logo as permitted by your Order.
- As between the parties, AI Output generated for you is treated as part of Customer Data, subject to our underlying rights in the models and the Service used to generate it.
15. Confidentiality
Each party may receive non-public information of the other that is marked or reasonably understood to be confidential ("Confidential Information"). The receiving party will use Confidential Information only to exercise its rights and perform its obligations under these Terms, will protect it with at least reasonable care, and will not disclose it except to personnel and advisors with a need to know who are bound by similar obligations. Confidential Information does not include information that is or becomes public through no fault of the receiving party, was already known to the receiving party without a duty of confidentiality, is independently developed without use of the disclosing party's Confidential Information, or is rightfully received from a third party. A party may disclose Confidential Information where required by law or legal process, giving reasonable advance notice where permitted so the disclosing party may seek protective treatment.
- Confidentiality obligations continue for the term of these Terms and for three (3) years afterward, except that trade secrets remain protected for as long as they qualify as trade secrets under applicable law.
- On the disclosing party's request or upon termination, the receiving party will return or destroy the disclosing party's Confidential Information, subject to legal retention requirements and routine, secure backups.
- A breach or threatened breach of confidentiality may cause irreparable harm for which monetary damages are inadequate, and the affected party may seek injunctive or equitable relief in addition to other remedies.
16. Disclaimer of warranties
To the maximum extent permitted by law, the Service and all AI Output are provided "as is" and "as available," and we and our suppliers disclaim all warranties of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, secure, error-free, or that defects will be corrected, or that AI Output will be accurate or reliable. You are responsible for determining whether the Service is appropriate for your purposes and for the results obtained from your use of it. Free trials, beta, preview, and no-charge features are provided entirely "as is," without any warranty, indemnity, or support commitment of any kind. Some jurisdictions do not allow the exclusion of certain warranties, so some of these disclaimers may not apply to you, in which case they apply to the greatest extent permitted by law.
17. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or related to these Terms or the Service, even if advised of the possibility of such damages and regardless of whether the claim is based in contract, tort (including negligence), strict liability, or any other theory. To the maximum extent permitted by law, our total aggregate liability arising out of or related to these Terms and the Service will not exceed the total fees you paid to us for the Service in the twelve (12) months immediately preceding the event giving rise to the claim. These limitations form an essential basis of the bargain, apply in the aggregate and not per incident, and apply regardless of the theory of liability. Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, such as liability for fraud, willful misconduct, or death or personal injury caused by negligence. Some jurisdictions do not allow certain limitations, so some may not apply to you.
18. Indemnification
You will defend, indemnify, and hold harmless Anchor Point Agency, LLC, ResortConcierge, and their affiliates, officers, employees, and agents from and against any third-party claims, damages, liabilities, losses, and costs (including reasonable attorneys' fees) arising out of or related to: (a) Customer Data and your guest data, including the loading, content, or use of it; (b) your or your Authorized Users' use of the Service in violation of these Terms, the Acceptable Use Policy, or applicable law; (c) your guest-facing communications and reliance on AI Output; and (d) your infringement or misappropriation of any third-party right. We will provide prompt notice of the claim and reasonable cooperation (at your expense), and you will not settle any claim in a way that imposes obligations on us or admits fault on our behalf without our prior written consent. We may participate in the defense with our own counsel at our own expense. Subject to the limitations of liability in these Terms, we will defend you against third-party claims alleging that the Service, as provided by us and used in accordance with these Terms, infringes that third party's U.S. patent, copyright, or trademark, and will pay damages finally awarded or amounts in a settlement we approve; this obligation does not apply to claims arising from Customer Data, your configurations, modifications not made by us, or use of the Service in combination with products or services we did not provide. If the Service becomes, or in our reasonable opinion may become, the subject of such a claim, we may at our option procure the right for you to continue using it, modify or replace it to make it non-infringing, or terminate the affected Service and refund any prepaid, unused fees. This section states each party's entire liability and exclusive remedy for third-party intellectual-property claims.
19. Term, termination & suspension
These Terms remain in effect while you use the Service or have an active subscription. Either party may terminate for material breach that remains uncured 30 days after written notice. We may suspend or terminate your access immediately if you fail to pay, violate the Acceptable Use Policy, create risk or legal exposure for us, or as otherwise permitted in these Terms. On termination, your right to use the Service ceases; you should export Customer Data before termination, and we may delete Customer Data after a reasonable period in accordance with our policies and any applicable DPA. Provisions that by their nature should survive termination — including fees owed, confidentiality, intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution — will survive.
20. Governing law & dispute resolution
These Terms, and any dispute or claim arising out of or relating to them, their subject matter, or the Service (whether in contract, tort, or otherwise), are governed by the laws of the State of South Carolina, United States, together with applicable U.S. federal law, without regard to conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods. The parties will first attempt to resolve any dispute informally through good-faith negotiation for at least thirty (30) days after written notice describing the dispute. Except for claims for injunctive or equitable relief and claims of intellectual-property infringement or misappropriation, any dispute that is not resolved informally will be finally settled by binding arbitration administered by the American Arbitration Association (AAA) under its then-current Commercial Arbitration Rules, before a single arbitrator, with the arbitration seated in South Carolina, United States, and conducted in English. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction. To the maximum extent permitted by law, all disputes will be resolved on an individual basis, and you and ResortConcierge each waive any right to participate in a class, collective, consolidated, or representative action. Where arbitration does not apply, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in South Carolina, United States, and waive any objection based on inconvenient forum. Any claim must be brought within one (1) year after it arises, except where applicable law requires a longer period.
21. Changes to these terms
We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date below and provide notice through the Service, by email, or in your account where required by law or your Order. Changes take effect when posted unless stated otherwise, and your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. Where a change materially and adversely affects you during a paid term, you may, as your sole remedy, terminate the affected Service before the change takes effect by giving us written notice. If you do not agree to a change, you must stop using the Service.
22. Force majeure
Neither party will be liable for any delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, fire, flood, epidemics or pandemics, war, terrorism, civil unrest, labor disputes, governmental action, changes in law, internet or utility failures, third-party service or infrastructure outages, and cyberattacks. The affected party will use commercially reasonable efforts to mitigate the impact and resume performance. If a force majeure event continues for more than thirty (30) consecutive days, either party may terminate the affected Service on written notice without liability, except for amounts already due.
23. General
- Assignment — you may not assign or transfer these Terms, in whole or in part, without our prior written consent; we may assign them in connection with a merger, acquisition, reorganization, or sale of assets. Any prohibited assignment is void.
- Severability — if any provision is held invalid or unenforceable, the rest remains in full force and effect and the provision is modified to the minimum extent necessary to make it enforceable while preserving its intent.
- Entire agreement — these Terms, the Acceptable Use Policy, the Privacy Policy, any DPA, and any signed Order are the entire agreement between the parties and supersede all prior or contemporaneous discussions, proposals, and agreements on their subject.
- No waiver — failure or delay in enforcing a provision is not a waiver of the right to enforce it later, and any waiver must be in writing to be effective.
- Notices — we may provide notices via the Service, by email, or in your account; legal notices to us must be sent through our contact page to Anchor Point Agency, LLC. You must keep your contact details current.
- Independent contractors — the parties are independent contractors, and these Terms create no partnership, agency, employment, fiduciary, or joint-venture relationship.
- No third-party beneficiaries — these Terms do not create any rights in any person other than the parties, except for our affiliates and the indemnified parties as expressly stated.
- Export & sanctions — you will comply with all applicable export-control and economic-sanctions laws and will not export, re-export, or make the Service available to any prohibited person, entity, or destination.
- U.S. government users — the Service is a "commercial item" as defined in applicable federal acquisition regulations and is provided to U.S. government end users with only the rights granted to all other users under these Terms.
- Governing language & headings — these Terms are drafted in English, which controls over any translation, and section headings are for convenience only and do not affect interpretation.
24. Open to adjustments
We want our terms to work for your organization. If any provision does not fit your legal, procurement, or operational requirements, we are open to discussing tailored or negotiated terms. Send a written request through our contact page describing the changes you need, and our team will review it in good faith. Negotiated terms are effective only when agreed in a signed writing; until then, these Terms apply.
25. Contact & effective date
These Terms are entered into with Anchor Point Agency, LLC, a South Carolina limited liability company doing business as ResortConcierge AI, which is the entity responsible for the Service. Questions about these Terms, legal notices, or requests for negotiated terms can be sent to Anchor Point Agency, LLC through our contact page. We may provide legal notices to you through the Service, by email to your account contacts, or in your account. Last updated: June 14, 2026.
Frequently Asked Questions
Questions about these Terms?
Contact our team for clarification or to discuss tailored, negotiated terms for your organization.