Service Terms
CONCOURSE PLATFORM SERVICES AGREEMENT
Effective Date: August 7, 2026
These Service Terms (these "Terms") are a binding agreement between Concourse Tech Inc. ("Concourse", "we", "us") and the entity or person accessing or using the Services ("Customer", "you").
BY ACCESSING OR USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.
1. DEFINITIONS
"Services" means the Concourse Platform — Concourse's hosted, configurable cloud software platform for government agencies, educational institutions, and other public-sector organizations, including its capability categories for data management and search, workflow automation, reporting and analytics, citizen and public-facing portals, document and records management, integration services, AI-assisted capabilities, and user and role management, together with associated applications, APIs, dashboards, single sign-on (SSO), directory integration (SCIM), and related features.
"Customer Data" means any data, records, documents, files, submissions, or configurations that you, your Users, or your End Users provide to or through the Services, including Input. "Input" means content provided to the AI-assisted capabilities; "Output" means the AI-generated materials they produce. "User" means an individual accessing the Services under your account; Users must be at least 18. "End User" means a member of the public accessing a public-facing portal you make available; you are responsible for any age or eligibility requirements applicable to your End Users. "Documentation" means Concourse's then-current documentation and policies for the Services, including the published Secure Configuration Guidance.
2. ACCESS AND USE
Subject to these Terms and payment of applicable fees, Concourse grants you a non-exclusive, non-transferable, revocable right to access and use the Services during the Term for your internal business and public-service purposes, in accordance with the Documentation. Concourse reserves all rights not expressly granted.
You will not, and will not permit anyone to: (a) use the Services in violation of applicable law or third-party rights; (b) reverse engineer or attempt to discover the source code or underlying algorithms of the Services; (c) copy, modify, resell, sublicense, or create derivative works of the Services; (d) remove proprietary markings; (e) use the Services or Output to develop or train any competing AI model or system; (f) circumvent usage limits, safety mitigations, or other technical restrictions; (g) access the Services by automated means beyond what a person could produce in a conventional browser, except as authorized in writing; (h) interfere with the integrity or performance of the Services, or use them for benchmarking or competitive analysis; or (i) transmit malware or other destructive code.
3. CUSTOMER DATA AND OUTPUT
As between the parties, you retain all ownership of Customer Data and own all Output; Concourse assigns you its interest, if any, in Output. You grant Concourse a worldwide, non-exclusive, royalty-free license to process Customer Data and Output solely to provide, maintain, secure, and improve the Services; comply with law; enforce these Terms; and generate aggregated, anonymized statistics that identify no one. Concourse will not use Customer Data or Output to train AI models, except as necessary for abuse and safety monitoring or with your express written consent. Output may be similar to output generated for others, and no exclusivity in Output is granted. Concourse may use any feedback you provide without restriction.
4. AI-ASSISTED CAPABILITIES
AI model hosting and inference arrangements are configured per deployment to meet your requirements and are documented in your order form or Documentation. Model providers used in your deployment act as subprocessors, and Concourse will not permit them to train on your Input or Output except for abuse and safety monitoring, unless you expressly opt in. Where reduced- or zero-retention processing is available and feasible, Concourse will make commercially reasonable efforts to use it.
Output is AI-generated and may be inaccurate, incomplete, or biased. It is not professional advice, and Concourse makes no warranty as to its accuracy or suitability. You are responsible for reviewing Output before relying on it, and you will not use AI-enabled features, without qualified human review and oversight, to make high-stakes decisions — including employment, legal, financial, housing, government-benefit, or safety-critical determinations. You may use the Services to support decisions in these domains where qualified personnel independently review and approve Output first.
5. IDENTITY AND PORTALS
If you enable SSO or SCIM, the Services receive identity attributes from your identity provider solely to authenticate Users, map roles and permissions, provision and deprovision accounts, maintain audit logs, and provide administrative reporting. You are responsible for the accuracy and security of your identity provider configuration, including any multi-factor authentication requirements described in the Secure Configuration Guidance, and you authorize Concourse to rely on the attributes it provides.
You are solely responsible for content you publish through public-facing portals and for your relationship with End Users, including privacy notices, consents, eligibility requirements, and any terms of use governing their access. Data submitted by End Users through your portals is Customer Data submitted on your behalf.
6. SECURITY
Concourse maintains commercially reasonable administrative, technical, and physical safeguards for Customer Data, including TLS encryption in transit, AES-256 (or equivalent) encryption at rest, role-based access controls, audit logging, and automated security monitoring. Concourse publishes Secure Configuration Guidance describing the configuration responsibilities allocated to you, and you are responsible for configuring the Services accordingly. Optional data loss prevention scanning, if enabled by your administrator, operates per your configured policies.
7. SERVICE LEVELS, SUPPORT, AND CHANGES
Concourse will make commercially reasonable efforts to achieve at least 99.5% monthly uptime, excluding scheduled maintenance and events beyond its reasonable control; any detailed service level commitments are set out in a separate Service Level Agreement if applicable to your subscription. Support is provided per your subscription plan (support@concoursetech.com). Concourse may modify or discontinue features, using commercially reasonable efforts to give advance notice of material changes that negatively affect core functionality.
8. FEES
You will pay the fees in your order form or subscription plan. Fees are non-refundable except as expressly provided. Overdue amounts may accrue interest at 1.5% per month (or the legal maximum, if lower), and nonpayment may result in suspension or termination. Subscriptions may carry usage limits; exceeding them may result in overage fees, throttling, or a required tier upgrade. Fees exclude taxes, which are your responsibility other than taxes on Concourse's net income.
9. SUBPROCESSORS
You authorize Concourse to engage subprocessors — including cloud infrastructure providers, model providers configured for your deployment, and payment processors — bound by written agreements at least as protective as these Terms. Concourse maintains a current subprocessor list and will provide notice of material changes; any objection right in your agreement applies per its terms.
10. INDEMNIFICATION
By you. You will defend and indemnify Concourse and its affiliates against claims arising from: your or your Users' use of the Services in violation of these Terms or law; Customer Data or your use of Output infringing or violating third-party rights; claims by your End Users arising from your portals or content; or your breach of these Terms.
By Concourse. Concourse will defend and indemnify you against third-party claims that your authorized use of the Services (excluding Customer Data, Output, and third-party content, including third-party model content) infringes intellectual property rights, and will pay finally awarded damages or agreed settlements. If an infringement claim arises, Concourse may procure rights, modify the Services, or terminate and refund prepaid fees for the unused term. This is Concourse's sole liability and your sole remedy for IP infringement claims.
Each indemnity requires prompt written notice, sole control of the defense by the indemnifying party, and reasonable cooperation; no settlement may impose liability on the indemnified party without its consent.
11. DISCLAIMERS AND LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND CONCOURSE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CONCOURSE DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION, OR THAT OUTPUT WILL BE ACCURATE OR SUITABLE FOR YOUR PURPOSES; YOU USE OUTPUT AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER CONCOURSE NOR ITS AFFILIATES, SUPPLIERS, OR LICENSORS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, AND CONCOURSE'S AGGREGATE LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE FEES YOU PAID IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
These limits do not apply to the parties' indemnification obligations, breach of confidentiality, your violation of Concourse's intellectual property rights, gross negligence, willful misconduct, fraud, or liability that cannot be limited by law. These limits are an essential basis of the bargain.
12. GOVERNMENT ENTITIES
If you are a U.S. federal, state, or local government entity: any arbitration, jury-trial waiver, or class-action waiver prohibited by the law governing your entity does not apply to you, and disputes will be resolved as that law provides; nothing in these Terms waives sovereign immunity, and indemnification obligations apply only to the extent permitted by law. The Services and Documentation are "commercial computer software" and "commercial items" under 48 C.F.R. § 2.101 and § 227.7202, acquired with only the rights set forth in these Terms (contractor: Concourse Tech Inc., 169 Madison Avenue, Suite 15520, New York, NY 10016). Concourse may agree to jurisdiction-specific modifications in a signed written amendment.
13. TERM AND TERMINATION
These Terms run from your first access until terminated. Either party may terminate for convenience effective at the end of the then-current subscription period (Concourse will refund prepaid fees for the unused portion if it terminates for convenience; you will not receive a refund if you do). Either party may terminate for uncured material breach on thirty (30) days' written notice, and Concourse may suspend or terminate immediately for nonpayment, security risk, or where required by law or a governmental authority.
On termination, your access ceases and outstanding fees are due. On written request within thirty (30) days after termination, Concourse will make your Customer Data and Output available for download in a commonly used format; after that period Concourse has no obligation to retain your data and may delete or anonymize it. Sections 3, 8, and 10–14 survive termination, along with any provision that by its nature should survive.
14. GENERAL
Confidentiality. Each party will protect the other's non-public information disclosed under these Terms, use it only to perform under these Terms, and disclose it only to those with a need to know who are bound by comparable obligations — subject to standard exclusions (public information, independently developed information, rightful third-party receipt, legally compelled disclosure).
Export. The Services are subject to U.S. export control and sanctions laws. You represent that you are not located in an embargoed country or on any restricted-party list, and you will comply with all applicable export laws.
Publicity. Unless you prohibit it in writing, Concourse may identify you as a customer, subject to your trademark guidelines if provided.
Force majeure. Neither party is liable for delay or failure (other than payment) caused by events beyond its reasonable control.
Assignment. You may not assign these Terms without Concourse's written consent; Concourse may assign freely.
Amendments. Concourse may modify these Terms by posting a revised version or providing notice; material changes take effect thirty (30) days after notice (immediately if required by law). Continued use constitutes acceptance.
Entire agreement; severability; waiver. These Terms, with any order forms and signed agreements, are the entire agreement and supersede prior understandings. If a provision is unenforceable, the remainder stands and the provision is modified to the minimum extent necessary. No delay in enforcement is a waiver. The parties are independent contractors.
Governing law and disputes. New York law governs, excluding its conflict-of-laws rules and the U.N. Convention on Contracts for the International Sale of Goods. Except as provided in Section 12, disputes will be resolved by binding arbitration before a single AAA arbitrator in New York, New York, under the AAA Commercial Arbitration Rules; either party may seek equitable relief in court to protect its intellectual property or confidential information.
EXCEPT AS PROVIDED IN SECTION 12, PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, AND BOTH PARTIES WAIVE ANY RIGHT TO CLASS OR REPRESENTATIVE ACTIONS.
Notices. Legal notices to Concourse: Concourse Tech Inc., Attn: Legal Department, 169 Madison Avenue, Suite 15520, New York, NY 10016; legal@concoursetech.com. Notices to you go to your account email. Questions: contact@concoursetech.com, 646-397-0207.
Effective Date: August 7, 2026. This agreement replaces the Concourse Chat Services Agreement (effective November 5, 2025) for access to and use of the Services from the Effective Date.