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Wailea Direct Marketing Terms of Service

These Terms of Service (“Agreement”) are a binding contract between you and Wailea Direct Marketing (“Wailea Direct Marketing,” “we,” “us,” or “our”). By using our website (“Site”), mobile application (“App”), or any related products, tools, services, or content (collectively referred to as the “Services”), you agree to comply with and be bound by these terms. Please read them carefully before proceeding.

Acceptance of Terms

By clicking “I Agree,” creating an account, downloading or using the App, accessing the Site, or utilizing the Services, you confirm that you have read, understood, and accepted these Terms of Service. If you do not agree to these terms, you are prohibited from accessing or using the Services. This Agreement applies to all users, including visitors, businesses, customers, agencies, and other parties who interact with the Services.

If you accept these terms on behalf of a company, employer, or other entity, you affirm that you have the authority to bind that organization to this Agreement. In such cases, references to “you” and “your” will apply to the organization or entity.

Data and Privacy

Your personal data submitted or collected through the Services is governed by our Privacy Policy and Data Protection Addendum (“DPA”). By using the Services, you acknowledge that you have reviewed these documents, which are incorporated into this Agreement by reference.

Dispute Resolution and Arbitration

This Agreement includes a mandatory arbitration clause and a class action waiver that affect your rights. Please review Section 11 carefully.

1. Services Overview

Wailea Direct Marketing provides tools and platforms designed to help businesses automate marketing efforts, including creating, customizing, and managing AI chatbots and AI voice, social media integration, and other digital marketing functionalities. By using the Services, you agree to:

  • Allow Wailea Direct Marketing to build and customize an AI chatbot and AI voice receptionist tailored to your business needs.
  • Provide required access for the chatbot and AI voice integration with your website, social media, or other platforms.
  • Permit Wailea to manage the chatbot and AI voice performance, updates, and troubleshooting.

Any specific service terms provided at the time of sign-up or in a separate agreement will take precedence in case of conflict with this Agreement.

2. Account Registration and Security

To access the Services, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and all activity under your account. Notify us immediately if you suspect unauthorized access or account misuse.

By providing your phone number and email, you consent to receive communications from Wailea Direct Marketing via calls, texts, and emails for account management and service updates. Standard carrier charges may apply.

3. Agencies and Business Accounts

Businesses and agencies using the Services must:

  • Accurately represent their business.
  • Ensure all associated content complies with this Agreement.
  • Notify Wailea if any agency-client relationship changes, including termination.

4. User-Generated Content

Content you or your users upload, submit, or share through the Services (“User Content”) remains your responsibility. You grant Wailea Direct Marketing the right to use, display, and modify User Content as necessary to provide the Services. Prohibited content includes anything illegal, harmful, defamatory, or otherwise in violation of intellectual property laws.

5. Communication Compliance

When using the Services for communication (e.g., email, SMS), you must comply with all applicable laws, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and other relevant regulations. You are solely responsible for obtaining proper consent and ensuring compliance.

6. Prohibited Activities

You may not use the Services for:

  • Illegal purposes, harassment, or infringement of intellectual property.
  • Actions that compromise the security or functionality of the Services.
  • Spamming, phishing, or any other harmful activities.

Violations may result in suspension or termination of your account.

7. Billing and Payment

  • Subscription Fees: Fees for Services, including chatbot and AI voice management, are outlined on our Site and are subject to change
  • Payment Terms: Payments are due monthly via credit or debit cards.
  • Service Suspension: If payment fails, the chatbot and AI voice will be suspended until payment is received.
  • Refunds: No refunds are offered through this agreement.

8. Voice AI Receptionist Usage & Additional Costs

Each subscription includes 300 minutes per month of Voice AI Receptionist usage at no additional cost. If usage exceeds this limit, additional minutes will be billed at $0.08 per minute.

9. Termination

  • Duration: This is a month to month subscription and my be cancelled with a 30 days’ notice.
  • Early Termination: Early termination is not permitted.
  • Effect of Termination: Upon termination, account access ceases, and chatbot and AI voice functionality may be disabled. Certain provisions, such as confidentiality and liability, will survive termination.

10. Right to Refuse Service

We reserve the right to refuse service, access, or use of our AI marketing tools to any individual, business, or organization at our sole discretion. This includes, but is not limited to, cases where we determine that our services may not be a good fit, if there is a history of non-payment or contract violations, or if we believe the use of our AI tools may conflict with our company values, policies, or legal compliance requirements. Our decision to refuse service may be made at any time and for any reason, without obligation to provide further explanation.

11. Ownership and Intellectual Property

  • Wailea Retains Ownership: All materials, including the AI chatbot and AI voice technology, remain the exclusive property of Wailea Direct Marketing.
  • Client License: Clients receive a limited, non-transferable license to use the chatbot  and AI voice during the subscription period.
  • Client Assets: Any proprietary materials provided by the Client remain the Client’s property.

12. Limitation of Liability

Wailea Direct Marketing is not responsible for damages arising from your use or inability to use the Services, except as required by law. Liability is limited to the amount paid by you for the Services in the preceding six months.

Disclaimer: While Wailea makes every effort to ensure its AI-powered tools function accurately and reliably, artificial intelligence is not perfect and may produce incorrect, outdated, or unintended outputs. You acknowledge and accept that errors may occur and agree not to hold Wailea liable for decisions made based on AI-generated content.

You understand and agree that:

  • The AI does not guarantee accuracy or legal, financial, or medical reliability.

  • You are responsible for reviewing chatbot responses and ensuring that content is appropriate for your business.

  • Wailea is not liable for any loss or damages arising from decisions based on AI-generated output.

  • AI tools are not a substitute for human oversight and should be monitored accordingly.

13. Dispute Resolution

  • Mandatory Arbitration: Any disputes arising under this Agreement will be resolved through binding arbitration in the state of Utah.
  • Class Action Waiver: The Client waives the right to participate in any class-action lawsuits related to this Agreement.

14. Changes to This Agreement

We reserve the right to update or modify these Terms of Service at any time. Continued use of the Services after changes are posted constitutes your acceptance of the revised terms.

For questions or further information, contact us at michael@waileadirectmarketing.com.