1. This agreement
This End User License Agreement (the “Agreement”) is a legal agreement between Consignor Connect, LLC, a Kentucky limited liability company (“Consignor Connect”, “we”, “us”), and you. It covers the Consignor Connect software and services provided by Consignor Connect, LLC, including Rose (our consignment and resale store management application), myPortal (the portal where a store’s consignors and vendors view their accounts and, for vendors, manage their items), Rosebot (our assistant in Rose, myPortal and by e-mail), our background services (sales, item, take-in, billing and payout processing), labels, reports, help pages and related websites, e-mails and support (together, the “Services”).
By creating an account, signing in, or using the Services you agree to this Agreement. If you use the Services for a business (a “Store”), you confirm that you may bind that business, and “you” includes it. If you do not agree, do not use the Services.
2. Who is who
- Store – the business that subscribes to Rose and uses it to run its consignment or resale business.
- Authorized Users – the Store’s owners, managers and staff who have a Rose login.
- Portal Users – the Store’s consignors and vendors who use myPortal. Their relationship with the Store (splits, payouts, contract terms) is between them and the Store; Consignor Connect is not a party to it.
- Customer Data – the information the Store, its Authorized Users and its Portal Users enter into or bring into the Services (for example consignor records, items, photos, sales, payouts, messages and signed documents).
3. Your license
While your subscription is active and you follow this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your own internal business purposes (or, for Portal Users, to view and manage your own account with the Store).
The Services are licensed, not sold. We and our licensors keep all rights not expressly granted to you.
4. Accounts and security
- Keep your login details confidential and use your own login. You are responsible for activity under your account.
- The Store decides who its Authorized Users are and what each may do (user rights), and is responsible for their use of the Services.
- Tell us right away at support@consignorconnect.com if you think an account has been used without permission.
- We may ask Portal Users to verify their e-mail address and may require security steps such as verification codes.
5. Subscriptions, fees and billing
Some Services require a paid subscription (for example Rose, Rose Pro, Portal Pro and Rosebot plans). Prices and what each plan includes are shown when you subscribe and may change with at least 30 days’ notice.
Subscriptions renew automatically each billing period until cancelled. Payments are taken through our payment provider (HubSpot payment links and the processors they use); we do not store full card numbers. Fees are non-refundable except where the law requires otherwise. You are responsible for applicable taxes.
If a payment fails we may limit or suspend paid features after notice. Free trials and previews end on the date shown, after which the paid features stop unless you subscribe.
SMS plans. Text messaging requires Rose Pro and an SMS plan. Each plan includes a number of texts a day and a month; Rose stops texting at the limit (e-mails carry on) until the next period or a refill pack is bought. The Store chooses who pays for sales texts: the Store, its consignors and vendors (their own SMS plans in myPortal), or both. Schedule reminders and texts sent by the Store’s staff count against the Store’s plan. Unused texts do not carry over.
6. The Store’s responsibilities
- Use the Services lawfully, including consumer protection, tax, privacy, anti-spam and record-keeping laws that apply to your business.
- Have the right to enter Customer Data and to let us process it, including telling your consignors, vendors and customers how their information is used (you may link to our Privacy Policy).
- Check the accuracy of prices, splits, fees, taxes, payouts, checks, labels and reports before relying on them. The Services calculate what you set up; you remain responsible for the amounts you pay and collect.
- Digital contracts and signatures. You are responsible for the wording of the contracts and receipts you upload or use, for getting any consent the law requires before collecting an electronic signature, and for keeping signed copies as the law requires.
- Messages. Send consignors and vendors only messages they have agreed to receive or that the law allows; transactional messages (receipts, password resets) are always sent.
- Text messages (SMS). Tick OK TO TEXT on a contract only when that consignor or vendor has agreed to texts, and keep any proof the law requires. Use texting for reminders, account and sales notices and replies, as described in our SMS Text Messaging Terms; do not use it for advertising unless the person has agreed to marketing texts and your store’s registration allows it. You are responsible for following the Telephone Consumer Protection Act (TCPA), CAN-SPAM, carrier rules and similar laws for the texts your staff send. Rose adds your store’s name and opt-out wording, honors STOP replies at every store, and does not send group texts before 8 am or after 9 pm in your time zone; do not try to get around these protections.
7. Third-party services
The Services can connect to services run by other companies, for example Square (point of sale, items and sales), Intuit QuickBooks Online (recording payouts), Dwolla (Rose Pay bank payouts), PrintNode and KloudPrint (printing), HubSpot (e-mail, support and billing), Twilio (text message delivery, sent as Rosebot on your store’s behalf) and our AI provider for Rosebot.
When you connect one, you authorize us to exchange data with it on your behalf as needed to provide the feature, and you agree to that company’s own terms and privacy policy. Those services are not controlled by us and we are not responsible for their availability, accuracy or actions. You can disconnect them at any time; some data already sent stays with them under their terms.
QuickBooks. We record payouts in your QuickBooks Online company as you set up in Rose; no money moves through QuickBooks. Rose Pay. Bank payouts are made by Dwolla and the banks involved; using Rose Pay requires accepting Dwolla’s terms of service and privacy policy, and Consignor Connect does not hold funds.
8. Rosebot and AI features
Rosebot uses artificial intelligence to answer questions, draft messages and, when you confirm, carry out tasks in the Services. AI answers can be incomplete or wrong. Check important information (for example balances, payouts and tax amounts) before relying on it. Actions Rosebot performs for you are your actions: Rosebot asks for your confirmation and uses your user rights.
Do not enter information into Rosebot that you are not allowed to share. Rosebot conversations are kept to provide support and improve answers as described in our Privacy Policy.
9. Acceptable use
You must not:
- copy, modify, resell, rent or sublicense the Services, or use them to build a competing product;
- reverse engineer or attempt to obtain the source code, except where the law allows it despite this restriction;
- access accounts or data that are not yours, probe or break security, or overload the Services (including automated scraping);
- upload malware, unlawful content, or content that infringes anyone’s rights;
- use the Services to send spam or to process data you have no right to process.
We may suspend access that threatens the security or operation of the Services or breaks this Agreement.
10. Customer Data
As between you and us, the Store owns its Customer Data. You give us a worldwide, limited license to host, copy, process, transmit and display Customer Data only as needed to provide, secure and support the Services, to meet legal obligations, and as described in our Privacy Policy.
We may use de-identified and aggregated information (which does not identify you, a Store or a person) to run, measure and improve the Services.
You can export much of your data from the Services (for example reports and exports). After a subscription ends we may delete Customer Data after 90 days unless the law requires us to keep it longer; ask us before then if you need a copy.
11. Our intellectual property
The Services, including the software, designs, text, graphics, logos (including Rose, myPortal, Rosebot and Consignor Connect) and documentation, belong to Consignor Connect or its licensors and are protected by law. If you send us ideas or feedback, we may use them without obligation to you.
12. Availability, support and changes
We work to keep the Services available and secure but do not promise uninterrupted or error-free operation. Maintenance, internet problems and third-party outages may affect them. We may add, change or remove features; if we remove a major feature of a paid plan we will tell you in advance. Features labelled preview or beta are provided as they are. Support is available by e-mail and phone during our business hours.
13. Term and termination
This Agreement lasts while you use the Services. You may cancel your subscription at any time; it stays active to the end of the period you paid for. We may suspend or end your access if you break this Agreement, do not pay, or if we must for legal reasons. Sections that by their nature should survive (fees owed, data, intellectual property, disclaimers, limits of liability, indemnity and governing law) survive termination.
14. Disclaimer of warranties
To the extent the law allows, the Services are provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Services or any calculations, reports, AI answers or third-party integrations will be accurate, complete, uninterrupted or error-free.
15. Limitation of liability
To the extent the law allows, Consignor Connect and its members, employees and suppliers will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising from or related to the Services or this Agreement. Our total liability for all claims is limited to the amounts you paid us for the Services in the twelve (12) months before the event giving rise to the claim (or US $100 if you paid nothing).
Some places do not allow some of these limits; in those places they apply to the fullest extent allowed.
16. Indemnity
The Store will defend and indemnify Consignor Connect against third-party claims arising from the Store’s Customer Data, its business (including its dealings with consignors, vendors and customers), or its breach of this Agreement or of law, and pay resulting losses and reasonable legal fees.
17. Governing law and disputes
This Agreement is governed by the laws of the Commonwealth of Kentucky and the federal laws of the United States, without regard to conflict-of-laws rules. The state and federal courts located in Boyd County, Kentucky have exclusive jurisdiction, and you consent to them. Before filing a claim, each party will first try in good faith to resolve the dispute by contacting the other.
18. General
- Changes. We may update this Agreement. We will post the new version here with a new effective date and, for material changes, notify Stores by e-mail or in Rose. Continuing to use the Services after the change means you accept it.
- Notices. We may send notices to the e-mail address on your account or show them in the Services. Send notices to us at the address below.
- Assignment. You may not transfer this Agreement without our consent; we may transfer it with our business.
- Entire agreement. This Agreement and our Privacy Policy are the whole agreement about the Services and replace earlier ones. If any part is unenforceable, the rest stays in effect. Not enforcing a right is not a waiver.
- Export and sanctions. You will not use the Services in violation of US export or sanctions laws.
19. Contact us
Consignor Connect, LLC
378 Diederich Blvd #235, Ashland, KY 41101
888-767-3677
support@consignorconnect.com