Terms of Service

These Terms of Service ("Terms") govern your access to and use of the NaluAgency website and the AI phone receptionist service (together, the "Service"). NaluAgency ("we," "us," or "our") provides the Service to businesses on Oʻahu. Please read these Terms carefully.

1. Acceptance of these terms

By accessing the website, requesting a consultation, or using the Service, you agree to these Terms. If you are entering into these Terms on behalf of a business, you represent that you have the authority to bind that business. If you do not agree, do not use the Service.

2. The service

The Service is a managed AI phone receptionist that answers calls and handles messages on behalf of your business — for example, booking appointments, capturing leads, answering common questions, and routing or escalating calls according to the rules you provide. We build, set up, and tune the Service for you. The scope of what the Service handles for your business is agreed during onboarding.

Billing and subscription

• The Service is offered as a monthly subscription. Pricing is set per client and confirmed before your service begins.
• Billing is handled through Stripe, our third-party payment processor. By subscribing, you authorize recurring charges to your payment method for the agreed fees.
• An optional one-time setup fee may apply, as agreed during onboarding.
• Fees are billed in advance for each billing period and, except as required by law or expressly stated, are non-refundable.
• Cancellation. To change or cancel your subscription, contact us at aloha@evannalu.com. Cancellations are handled by our team and are not available through the website or the billing portal. Cancellation takes effect at the end of the current billing period unless we agree otherwise.

3. Acceptable use

You agree not to use the Service to:

• Violate any law, regulation, or carrier or messaging rule;
• Send unlawful, harassing, deceptive, or unsolicited messages, or otherwise misuse calling or texting features;
• Infringe the rights of others or transmit content you do not have the right to share;
• Interfere with, disrupt, or attempt to gain unauthorized access to the Service or its systems;
• Misrepresent your identity or your authority to use a phone number or business.

You are responsible for providing accurate information for your business and for obtaining any consents and disclosures required for calls and messages handled on your behalf, including call-recording notices and messaging consent.

4. Third-party services

The Service relies on third-party providers, including our voice, telephony, and AI platforms, payment processing, and other vendors. Your use of the Service may also be subject to those providers' terms. We are not responsible for the acts, omissions, or availability of third-party services, and outages or changes by a provider may affect the Service.

5. Disclaimers; no warranty

The Service is provided "as is" and "as available," without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the AI is error-free, that it will correctly handle every call or message, or that the Service will be uninterrupted or available at all times. AI systems can make mistakes; you are responsible for reviewing outcomes that matter to your business and for the human fallback and escalation paths configured for your account.

6. Limitation of liability

To the fullest extent permitted by law, NaluAgency and its owners, employees, and providers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any lost profits, lost revenue, lost data, or business interruption, arising out of or relating to the Service. To the fullest extent permitted by law, our total liability for any claim relating to the Service will not exceed the amount you paid us for the Service in the three months before the event giving rise to the claim.

7. Indemnification

You agree to indemnify and hold harmless NaluAgency and its owners, employees, and providers from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, your content or business information, your failure to obtain required consents or disclosures, or your violation of these Terms or applicable law.

8. Governing law

These Terms are governed by the laws of the State of Hawaiʻi, without regard to its conflict-of-laws rules. You agree that the state and federal courts located in Hawaiʻi will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service.

9. Changes to these terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above. Your continued use of the Service after changes take effect means you accept the updated Terms.

10. Contact us

Questions about these Terms? Contact us at aloha@evannalu.com.