1. Acceptance of Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer”, “you”, or “your”) and Conciar, a sole proprietorship (eenmanszaak) registered in the Netherlands (“Conciar”, “we”, “us”, or “our”), governing your access to and use of the Conciar platform, APIs, and related services (collectively, the “Service”).
By creating an account, clicking “I agree”, or otherwise accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
If you do not agree to these Terms, you must not access or use the Service.
2. Definitions
Throughout these Terms, the following definitions apply:
- “Account”means the unique account created for you to access and use the Service.
- “Customer Data”means all data submitted by you or your end users through the Service, including reservation records, guest information, and transaction data.
- “Subscription”means the paid access plan you have chosen, as described on our Pricing page.
- “Add-ons”means optional features or capacity increments purchased in addition to your Subscription.
- “API”means the Conciar application programming interface and associated developer tools.
3. Account Registration & Security
To use Conciar, you must register for an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
You agree to notify us immediately at security{'@'}conciar.com of any unauthorised use of your account or any other security breach. We cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation.
You may not share your account credentials with any third party. Each user accessing the Service must have a separate account unless you have purchased a plan that explicitly permits shared access.
4. Subscriptions & Billing
Trial period. New accounts may benefit from a 30-day free trial with full feature access. No credit card is required to start a trial. At the end of the trial, you must select a paid Subscription or the account will be paused. Your data is retained for 90 days after a paused account before deletion.
Fees. Subscription fees are as published on our Pricing page at the time of purchase. All fees are quoted in euros (€) and are exclusive of applicable taxes (including VAT) unless stated otherwise. We reserve the right to change pricing with 30 days’ written notice to existing subscribers.
Payment. Subscriptions are billed in advance, either monthly or annually depending on your chosen billing cycle. Annual subscriptions are non-refundable except where required by applicable law. Failed payments may result in service suspension after a 7-day grace period.
Upgrades & downgrades. You may upgrade your Subscription at any time; the upgrade takes effect immediately and is charged on a pro-rata basis. Downgrades apply at the start of the next billing cycle.
Cancellation. You may cancel your Subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period; no refund is provided for the remaining period.
5. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:
- Use the Service to transmit unlawful, defamatory, fraudulent, or infringing content;
- Attempt to gain unauthorised access to any part of the Service, its systems, or the accounts of other customers;
- Use the Service to send unsolicited commercial communications (spam) in violation of applicable law;
- Reverse-engineer, decompile, or disassemble any part of the Service;
- Scrape, crawl, or otherwise extract data from the Service in bulk without our prior written consent;
- Use the Service in a way that could disable, damage, overburden, or impair our infrastructure;
- Resell, sublicense, or otherwise commercialise the Service to third parties without a written reseller agreement with Conciar.
We reserve the right to suspend or terminate access immediately if we determine, in our reasonable discretion, that you have violated these acceptable use obligations.
6. Customer Data & Privacy
You retain ownership of all Customer Data you submit to the Service. By submitting Customer Data, you grant Conciar a limited, non-exclusive licence to process that data solely to the extent necessary to provide and improve the Service.
We act as a data processor in relation to personal data you submit on behalf of your end users, and you act as the data controller. Our data processing obligations are set out in our Data Processing Agreement (DPA), which forms part of these Terms for customers subject to the General Data Protection Regulation (GDPR).
Our collection and use of personal data about you as a customer is governed by our Privacy Policy.
7. API Access
Access to the Conciar API is subject to these Terms and the API rate limits associated with your Subscription tier. You are responsible for keeping your API keys confidential and for all API calls made using your credentials.
We reserve the right to throttle or suspend API access that exceeds your plan limits or that we determine is being used abusively. We will make reasonable efforts to provide advance notice of breaking API changes, but reserve the right to modify the API at any time for security reasons or to comply with applicable law.
8. Intellectual Property
The Service, including all software, content, trademarks, and trade dress, is owned by Conciar or its licensors and is protected by applicable intellectual property laws. These Terms do not grant you any right, title, or interest in or to the Service other than the limited licence to use it in accordance with these Terms.
You grant Conciar the right to use your company name and logo to identify you as a customer on our website and in marketing materials, unless you notify us in writing that you do not consent to such use.
9. Limitation of Liability
To the maximum extent permitted by applicable law, Conciar and its directors, employees, and contractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or in connection with your use of the Service.
Our total cumulative liability to you for any claims arising from or related to the Service shall not exceed the total fees paid by you to Conciar in the 12 months immediately preceding the event giving rise to the claim.
Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded by law.
10. Service Levels & Maintenance
We aim to provide the Service availability levels set out in your Subscription (Starter: 99.9%, Growth: 99.95%, Enterprise: 99.99%), measured on a monthly basis excluding scheduled maintenance windows.
We will provide at least 48 hours’ advance notice of scheduled maintenance that is expected to affect service availability, communicated via our status page at status.conciar.com and, where applicable, by email.
11. Termination
Either party may terminate these Terms by cancelling the Subscription in accordance with Section 4. We may terminate or suspend your access immediately, without prior notice or liability, if you breach these Terms.
Upon termination, your right to use the Service ceases immediately. We will retain your Customer Data for 90 days following termination, during which you may request an export. After 90 days, your data will be permanently deleted unless required to be retained by law.
12. Governing Law & Disputes
These Terms are governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions.
Any dispute arising out of or in connection with these Terms shall first be subject to good-faith negotiation between the parties. If unresolved within 30 days, the dispute shall be submitted to the exclusive jurisdiction of the courts of Rotterdam, the Netherlands.
13. Changes to These Terms
We reserve the right to modify these Terms at any time. When we make material changes, we will notify you at least 30 days in advance via the email address associated with your account or by displaying a prominent notice within the Service.
Your continued use of the Service after the effective date of the revised Terms constitutes acceptance of those changes. If you do not agree to the revised Terms, you may cancel your Subscription before the changes take effect.
14. Contact
If you have questions about these Terms, please contact us: