Terms of Service

About these terms

These Terms of Service describe the use of hoaladesign.com and interactions with Hoʻāla Design, a registered business operating in California and Hawaiʻi. They also provide general terms for services when presented to you and accepted as part of an order or agreement.

Paid work begins under an accepted proposal, order, or service agreement that identifies what we will provide and what you agree to pay. A website visit, a pricing-button click, a conversation with an agent, or an inquiry does not by itself authorize a charge or create a paid subscription.

If an accepted service agreement contains a specific provision that differs from these general terms, that provision controls for the relevant service, subject to applicable law. Privacy practices are explained separately in our Privacy Policy.

Your authority and information

You must have the legal capacity to enter an agreement and authority to act for any business you represent. Provide accurate contact, business, billing, and service information, and tell us when information used by your systems changes.

Use the website and services lawfully. Do not attempt unauthorized access, introduce malicious code, interfere with systems, impersonate another person, or use the services for deceptive, abusive, or unlawful communications.

What we provide

Hoʻāla Design builds connected systems that help business owners make more time for their work and their relationships. Services may include missed-call text-back, websites, chat and voice agents, customer-management tools, appointment booking, follow-up, and other services identified in your accepted order.

The Greeter acknowledges missed calls and lets the person know someone will get back to them. A text response does not guarantee that a conversation or booking will follow.

The Front Desk adds the smart website and conversational agents that can address inquiries and support the interaction through booking within the business information, instructions, permissions, and integrations configured for them. The owner remains connected to conversations, with matters brought to a person when needed.

The Concierge Suite and any additional services are provided within the scope accepted in the order. Changes to scope, integrations, content, or implementation are agreed before additional paid work is undertaken.

Pricing, setup, and payment

Your accepted order identifies the package, price, billing frequency, setup fee, applicable taxes, included usage, and any separately chargeable services. Payment is processed through Stripe or the payment method identified in that order.

Unless a setup-fee waiver applies, the setup fee for your package is processed before monthly service fees. The commitment required to waive the package’s setup fee is:

• The Front Desk: six months.
• The Concierge Suite: twelve months. This longer commitment reflects the additional setup and time involved.

When you accept the applicable commitment, no setup fee is collected upfront. The waived setup fee becomes payable only if service ends before you complete that commitment.

The accepted order identifies the setup fee being waived, the applicable commitment, and the early-cancellation condition before you agree. The fee recoverable upon early cancellation is the setup fee associated with your package when you accepted the waiver, not a later increased fee.

We will not add paid upgrades or additional chargeable work without your authorization. If payment fails or a billing question arises, contact us so we can address it. Any suspension or other consequence must follow the accepted agreement and applicable law.

Recurring services and cancellation

A recurring subscription requires your affirmative agreement to the recurring charges and service terms. Before enrollment, the accepted order identifies the recurring amount, charge frequency, any commitment, renewal arrangement, setup-fee waiver conditions, and cancellation method. We provide the acknowledgment and notices required by applicable law.

Cancellation requires notice covering one full monthly billing cycle and payment for that full cycle. A partial billing cycle does not count as the notice period. Monthly service fees are not divided into partial months or prorated for a voluntary cancellation, except where applicable law requires otherwise.

If your notice is received after a billing cycle has begun, the remainder of that cycle remains payable and the next full billing cycle is the paid notice period. Service ends at the close of that next full cycle. If notice is received on or before a billing cycle begins, that cycle can serve as the full paid notice period.

For example, if your monthly cycle begins on the 1st and you give notice on March 15, the remainder of March does not count as a full notice cycle. April is the final full, paid billing cycle, and service ends on April 30. We will confirm your final charge and service end date when we receive your notice.

If service ends before you complete the commitment attached to a waived setup fee, the previously waived setup fee for your package becomes payable in addition to service fees due for the notice period. If you complete the agreed commitment, that setup fee remains waived.

You can give notice by emailing [email protected] or through our contact page. Identify the business and service you want to cancel. We will acknowledge the request and confirm the billing and transition details. A cancellation request does not require a sales conversation.

These notice and billing provisions apply only to the extent permitted by applicable law. Where you have a statutory right to cancel immediately, stop renewal charges, or receive a refund, that right controls. Required cancellation methods, including online cancellation where applicable, remain available without obstruction or delay.

Stopping SMS messages is separate from canceling a paid service. Deleting a contact record is also separate from ending an agreement or resolving outstanding billing.

Billing concerns and refunds

For voluntary cancellation, monthly service fees are charged in full monthly periods and are not prorated, subject to the cancellation provisions above and applicable law. Contact [email protected] with the payment date, service, and concern if you believe a charge is incorrect or a refund is due.

Nothing here removes a refund, cancellation, dispute, or other remedy that applicable law makes available to you.

Working together

For systems we build for your business, you are responsible for supplying accurate service information, prices, availability, policies, and authorized instructions; providing agreed access and approvals; and keeping account credentials secure. You must have the necessary rights to the content and information you provide.

We are responsible for carrying out the work we agree to provide. You remain responsible for business decisions that require your judgment and for responding when a matter is brought to you. Any ongoing monitoring, maintenance, support, or review commitments are described in your accepted scope.

When your business uses the systems to communicate with its own customers, the collection and use of those customers’ information, notices, permissions, and contact preferences must meet applicable requirements. Responsibilities for implementing those measures should be identified in the service agreement; using automation does not remove either party’s own legal responsibilities.

AI conversations and human support

Malia and Kai are AI agents. They can answer questions and carry out configured tasks, but their responses can contain mistakes or omit context. Ask for a person or email us when a response needs clarification, a request falls outside the agent’s authority, or a decision requires human review.

An agent can help explain an offer and arrange a next step. A proposed purchase, payment, appointment, or contract change still requires the relevant authorization and confirmation. A conversation alone does not replace the order details you are asked to review and accept.

Voice agents process speech to understand and respond. Kai’s voice conversations are transcribed; audio is not retained as a recording for later playback. Saved text transcripts and chat messages are records even when audio is not kept. Any use of retained audio recording requires the applicable notice and consent. Further details, including retention and deletion requests, are in our Privacy Policy.

You may contact us by email instead of using an AI voice or chat channel.

Calls, text messages, and email

When you request a response and provide the appropriate permission for the channel, we may communicate about your inquiry, appointments, requested follow-up, payments, or agreed services by phone, SMS, or email. Calls may involve an AI voice agent where you have given any consent required for that type of call.

We do not use an inquiry as permission for unrelated promotional messaging or share your mobile information with other businesses for their own marketing. Any separate marketing consent must be requested separately where required and is not a condition of purchase.

• Message frequency: varies with your inquiry, appointments, and service activity.
• Costs: message and data rates may apply under your carrier’s plan.
• Opt out: reply STOP to a text message, email us, or tell us through another reasonable means that you want the messages or calls to stop. A single confirmation of your opt-out may be sent.
• Help: reply HELP or email [email protected]. You can also call (833) 744-6388.

Delivery can be affected by carriers, device settings, internet access, and other providers. Carriers are not responsible for delayed or undelivered messages to the extent permitted by applicable law. If a message matters to an appointment or payment, contact us directly when delivery or receipt is uncertain.

Client assets, website copies, and content rights

Your existing assets: You retain ownership of assets you owned before working with Hoʻāla Design, including your existing brand material, content, domains, and accounts. You authorize us to use those assets as needed to perform the agreed services.

Website copies and published content: You have access to copies of your website each month. Content created for publication is published to your accounts. Providing a website copy does not transfer ownership of the underlying third-party platforms or Hoʻāla Design’s retained non-branded materials.

Client-branded images and posts: When images and posts created by Hoʻāla Design are branded for your business, the rights Hoʻāla Design owns in those branded deliverables pass to you. We document any copyright ownership transfer in a written instrument signed by Hoʻāla Design where required by law. Ending service does not take away your rights in those branded deliverables.

Non-branded material: Non-branded content created or owned by Hoʻāla Design remains Hoʻāla Design’s property. This does not include your pre-existing assets or material owned by a third party.

Third-party rights: Stock assets, fonts, software, platform features, and other third-party components remain subject to their applicable rights and licenses. We can transfer only rights we own or are authorized to transfer. Where a deliverable includes a third-party component, its applicable license governs that component.

Use of branded material in our own marketing

Unless you specifically state otherwise in writing, you grant Hoʻāla Design nonexclusive permission to display and use the client-branded work we create for you in our future marketing, portfolio, and promotional materials. This permission is retained when rights in the branded deliverables pass to you and when service ends.

This permission concerns the branded work and the client branding needed to show it. It does not authorize publication of private customer information, chat messages, call transcripts, account credentials, or other confidential information. Applicable third-party permissions and any specific written restrictions continue to apply.

Availability and expectations

Systems depend on hosting, communications networks, payment processing, calendars, AI services, and other technology providers. Maintenance, provider changes, outages, and connection problems can affect availability or delivery. Any specific uptime, response-time, or support commitment must be included in the accepted agreement.

Availability around the clock describes the intended operating schedule of the configured agent. It is not a guarantee of uninterrupted operation, a response to every possible inquiry, or a particular business result.

Calculators and examples illustrate possible outcomes using their stated inputs and assumptions. They are not promises of recovered revenue, profit, bookings, or a particular return on investment. Service limitations do not remove our responsibility to perform obligations we have accepted.

Responsibility and legal rights

Each party remains responsible for its obligations under the accepted agreement and applicable law.

Nothing in these terms excludes liability or limits rights or remedies where doing so is prohibited by law, including applicable protections against fraud, willful misconduct, or other conduct that cannot lawfully be excused by contract.

Questions and disagreements

If something is not working as agreed, contact [email protected] with the relevant details so we can understand the concern and work toward resolving it. This invitation does not prevent you from using a legal remedy or making a complaint to an appropriate authority.

Applicable mandatory laws remain in effect. Any specific governing-law or forum provision must be part of a separately accepted agreement and cannot override protections that cannot lawfully be waived.

Changes to these terms

We post updates on this page and revise the date above. Posting a change does not retroactively change a paid agreement, authorize a new charge, or create consent to an additional service. Material changes to an existing service are handled under the accepted agreement, with notice and consent where required.