These Terms of Service ("Terms") govern your use of the services provided by Pacific Sol LLC, doing business as Kona Peak Solutions ("Provider," "we," "us," or "our"). By engaging our Services, submitting a contact form, or using our website at konapeaksolutions.com, you ("Client," "you," "your") agree to be bound by these Terms. Please also review our Privacy Policy.
"Services" means the operational consulting, workflow automation, system implementation, and related technology services provided by Provider as described during your engagement.
"Automated Systems" means any AI-powered tools, automated workflows, phone systems, chatbots, or other technology solutions deployed by Provider on behalf of Client.
"Client Data" means all business information, customer data, operational data, and other materials provided by Client or generated through the use of Services.
Provider delivers custom operational consulting and automation services for businesses, which may include: customer response and communication systems, workflow automation and process optimization, scheduling and dispatch systems, follow-up and lead management automation, and related consulting. The specific scope, deliverables, and timelines for each engagement will be discussed during the initial strategy call and documented in writing.
Services are provided on a month-to-month basis with a minimum commitment of two (2) months from the date of service activation ("Minimum Term"). Following the Minimum Term, this Agreement continues on a month-to-month basis unless either party cancels. Either party may cancel with thirty (30) days written notice after the Minimum Term has been fulfilled. If Client cancels during the Minimum Term for any reason other than Provider's material breach, Client remains responsible for fees through the end of the Minimum Term. Upon termination, Provider will cease all Services within forty-eight (48) hours. Client may request all Client Data within thirty (30) days of termination.
Client authorizes Provider to charge the payment method on file on a recurring basis per the agreed billing cycle. The first payment is due upon service activation. Invoices unpaid after ten (10) days incur a 1.5% monthly late fee. Services may be suspended after fifteen (15) days of non-payment with five (5) days written notice. No setup fee applies unless otherwise agreed in writing. Provider reserves the right to adjust pricing with sixty (60) days written notice; continued use after the effective date constitutes acceptance.
Client acknowledges and agrees that:
Provider targets ninety-eight percent (98%) uptime for any always-on services (e.g., automated phone systems, chatbots). Planned maintenance will be communicated at least twenty-four (24) hours in advance. Provider is not responsible for outages caused by Client's phone carrier, internet provider, or third-party systems (CRM, scheduling software, SMS carriers, API dependencies). Uptime targets are goals, not guarantees, and Provider shall have no liability for failure to meet uptime targets.
Client shall not, and shall ensure that its employees and agents do not, use the Services to: make unlawful, harassing, threatening, or fraudulent communications; impersonate any person or entity; distribute spam, phishing, or unsolicited commercial messages; violate the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, or any other federal, state, or local regulation; process, store, or transmit protected health information (PHI) unless Provider has agreed in writing to HIPAA-compliant terms; use the Services for any purpose that competes with or reverse-engineers Provider technology; or engage in any activity that could damage, disable, overburden, or impair the Services. Violation of this section constitutes a material breach and grounds for immediate termination without refund.
All technology, algorithms, machine learning models, voice models, prompts, workflows, scripts, configurations, software, and related intellectual property used to deliver the Services are and shall remain the sole and exclusive property of Provider. Client acquires no ownership interest in Provider's technology through use of the Services. All Client business information, branding, and customer data remain Client's property. Provider is granted a perpetual, royalty-free, worldwide license to use anonymized, aggregated, and de-identified data derived from Client's use of the Services for purposes including but not limited to service improvement, AI training, benchmarking, analytics, and marketing. Provider may reference Client as a customer in marketing materials unless Client opts out in writing.
Client is solely responsible for: providing accurate, complete, and current business information during onboarding and throughout the term; maintaining and making available CRM, scheduling, and other system access credentials where applicable; responding to Provider communications and support inquiries within forty-eight (48) business hours; promptly notifying Provider of any changes to business operations, service areas, pricing, staffing, emergency processes, or business hours; ensuring all information provided to Provider for use in Automated Systems is accurate and does not violate any third-party rights; and compliance with all applicable laws, regulations, and industry standards. Provider is not liable for any consequences arising from Client's failure to meet these responsibilities.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." PROVIDER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, OR NON-INFRINGEMENT. PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. PROVIDER DOES NOT GUARANTEE ANY SPECIFIC RESULTS, REVENUE INCREASES, LEAD CONVERSION RATES, CALL HANDLING ACCURACY, APPOINTMENT SCHEDULING RATES, OR BUSINESS OUTCOMES. ANY PERFORMANCE METRICS, PROJECTIONS, OR CASE STUDIES PROVIDED BY PROVIDER ARE FOR ILLUSTRATIVE PURPOSES ONLY AND DO NOT CONSTITUTE GUARANTEES. CLIENT ACKNOWLEDGES THAT AI TECHNOLOGY IS INHERENTLY IMPERFECT AND MAY OCCASIONALLY MISINTERPRET, MISROUTE, OR INADEQUATELY HANDLE INTERACTIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY CLIENT TO PROVIDER IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PROVIDER SHALL HAVE NO LIABILITY FOR MISSED CALLS, MISSED LEADS, INCORRECTLY HANDLED INTERACTIONS, INACCURATE INFORMATION PROVIDED BY AUTOMATED SYSTEMS, LOST LEADS OR FAILED BOOKINGS, ACTIONS TAKEN OR NOT TAKEN BASED ON AUTOMATED INTERACTIONS, DAMAGES ARISING FROM THIRD-PARTY SERVICE FAILURES, OR ANY CLAIMS BY CLIENT'S CUSTOMERS.
Client agrees to indemnify, defend, and hold harmless Provider, its owners, officers, directors, employees, agents, contractors, and affiliates from and against any and all claims, demands, suits, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees and court costs) arising out of or related to: Client's use of the Services; Client's violation of these Terms or any applicable law or regulation; any disputes, claims, or complaints by Client's customers, whether related to the Automated Systems' performance or otherwise; Client's failure to comply with call recording, consent, or privacy laws; or any inaccurate, misleading, or incomplete information provided by Client. This indemnification obligation survives termination of this Agreement.
Client acknowledges that Provider's technology, pricing structures, configurations, AI prompts, workflows, business methods, and operational processes constitute proprietary and confidential trade secrets. Client shall not disclose, share, reverse-engineer, copy, or attempt to replicate any aspect of Provider's technology or methods during or after the term of this Agreement. Client shall not share Provider's pricing with competitors or use Provider's services to reverse-engineer competing products. This confidentiality obligation survives termination indefinitely with respect to trade secrets and for three (3) years for all other confidential information. Provider agrees to maintain the confidentiality of Client's business information and customer data, subject to the data use license granted herein.
This Agreement is governed by and construed in accordance with the laws of the State of Hawaii, without regard to conflict of law principles. Any dispute, claim, or controversy arising out of or relating to this Agreement that the parties cannot resolve through good-faith negotiation for a period of thirty (30) days shall be submitted to binding arbitration administered by the American Arbitration Association in Kailua-Kona, Hawaii, under its Commercial Arbitration Rules. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The prevailing party shall be entitled to recover reasonable attorney's fees, arbitration costs, and all related expenses. CLIENT WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR CONSOLIDATED PROCEEDING. Each party waives the right to a jury trial. The parties agree that the arbitrator shall not have authority to award punitive or exemplary damages.
Entire Agreement: This Agreement, together with any Statement of Work or Service Agreement, constitutes the entire agreement and supersedes all prior representations, warranties, or agreements, whether written or oral.
Amendments: Provider may modify these Terms at any time with thirty (30) days email notice to Client's address on file. Continued use after the effective date constitutes acceptance. Client-requested amendments require written consent of both parties.
Severability: If any provision is found unenforceable, it shall be modified to the minimum extent necessary to be enforceable, and all remaining provisions continue in full force.
Assignment: Client may not assign this Agreement without Provider's prior written consent. Provider may assign this Agreement freely, including in connection with a merger, acquisition, reorganization, or sale of assets.
Waiver: No failure or delay by Provider in exercising any right shall constitute a waiver.
Force Majeure: Neither party is liable for delays or failures caused by events beyond reasonable control, including natural disasters, pandemics, telecommunications failures, cyberattacks, government actions, or third-party service outages.
Notices: All notices shall be in writing and sent via email with delivery confirmation to the addresses on file. Notices to Provider shall be sent to .
Survival: All provisions that by their nature should survive termination shall survive, including but not limited to intellectual property, indemnification, limitation of liability, confidentiality, data licensing, and dispute resolution.
For questions about these Terms, contact:
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