These Terms of Service ("Terms") govern your use of the Hoku AI website, software, services, and any related products (collectively, the "Service") operated by Hoku AI ("Hoku AI," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. The Service
Hoku AI provides an AI-powered seller-lead response, qualification, follow-up, and appointment-setting system marketed primarily to real estate investors, wholesalers, agents, and acquisition teams. Our core offering is the AI Speed-to-Lead System ($3,500 setup + $697/month), with optional add-on AI agents available at additional cost. Specific deliverables, integrations, and onboarding scope are described on our pricing page and confirmed in a signed engagement summary at the start of your project.
2. Setup Fees, Subscriptions, and Billing
Each plan consists of a one-time setup fee and a recurring monthly subscription. Setup fees are due in full before configuration work begins and are non-refundable once setup work has commenced. Monthly subscriptions are billed on a recurring basis starting on the date your system goes live and continue until cancelled in accordance with Section 4.
Usage-based costs — including but not limited to SMS messages, phone numbers, voice/call minutes, email sending, AI inference, and third-party platform fees — may be billed separately based on actual usage. We will provide a reasonable estimate of expected usage costs prior to engagement.
All fees are stated in U.S. dollars and are exclusive of applicable taxes, which you are responsible for paying. We may change prices on a prospective basis with at least 30 days' written notice.
3. Your Responsibilities
You agree that:
- You will provide accurate information about your business and lead sources during onboarding.
- You hold all necessary rights, consents, and registrations to send SMS, email, and direct-message communications to the recipients you load into the Service, including compliance with the TCPA, CAN-SPAM, 10DLC registration requirements, and any state-level lead-generation or data-privacy laws applicable to you.
- You will not use the Service to send unsolicited communications, harass any recipient, misrepresent your identity, or engage in any deceptive or unlawful practice.
- You will honor all opt-out and do-not-contact requests promptly.
- You will keep your account credentials secure and notify us promptly of any unauthorized access.
4. Term and Cancellation
The Service includes an initial 90-day minimum commitment starting on the date your system goes live. This gives us the runway to install, optimize, and prove out the system in your business. During the 90-day period, monthly subscription fees are non-cancellable.
After the 90-day minimum, your subscription continues on a month-to-month basis and may be cancelled at any time with at least 30 days' written notice by emailing hello@hokuai.com. Cancellation takes effect at the end of the then-current billing cycle. We do not pro-rate monthly fees for partial months.
We may suspend or terminate your account immediately if you materially breach these Terms, fail to pay amounts due, or use the Service in a way that creates legal, financial, or reputational risk for Hoku AI or our service providers (e.g., GoHighLevel, Twilio, or other underlying platforms).
5. Intellectual Property
The Service, including the underlying AI workflows, prompts, configurations, templates, and software, is owned by Hoku AI and licensed (not sold) to you for the duration of your subscription. You retain ownership of your own data, content, and customer lists. We retain ownership of any aggregated or anonymized data derived from operating the Service.
6. Third-Party Services
The Service is built on top of third-party platforms including, without limitation, GoHighLevel, Twilio, Stripe, Meta (Facebook / Instagram), Google, and various AI providers. Your use of the Service is also subject to those providers' terms of service. We are not responsible for outages, errors, or policy changes by these third parties, though we will use commercially reasonable efforts to maintain continuity.
7. Disclaimers
The Service is provided "as is" and "as available." We do not guarantee any specific lead conversion rate, appointment volume, deal volume, ROI, or financial outcome. Examples, case studies, and projections shown on our website are illustrative and do not constitute promises of results. Your results depend on factors outside our control, including the quality of your lead sources, your team's execution, market conditions, and your compliance with applicable laws.
8. Limitation of Liability
To the maximum extent permitted by law, Hoku AI's total aggregate liability arising out of or relating to the Service or these Terms shall not exceed the total amounts you have paid to us in the twelve (12) months preceding the event giving rise to the claim. In no event shall Hoku AI be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost revenue, or lost data, even if advised of the possibility of such damages.
9. Indemnification
You agree to indemnify and hold harmless Hoku AI, its officers, employees, and contractors from any claims, damages, fines, or expenses (including reasonable attorneys' fees) arising out of your use of the Service, your communications with third parties (including sellers and leads), or your violation of these Terms or any applicable law.
10. Governing Law
These Terms are governed by the laws of the State of Hawaii, without regard to its conflict-of-laws principles. Any dispute arising under these Terms shall be resolved in the state or federal courts located in Honolulu County, Hawaii, and you consent to the personal jurisdiction of those courts.
11. Changes to These Terms
We may update these Terms from time to time. Material changes will be posted on this page with a new "Last updated" date. Continued use of the Service after changes take effect constitutes your acceptance of the revised Terms.
12. Contact
Questions about these Terms can be sent to hello@hokuai.com or by text to 808-330-2566.