Terms of Service

Welcome to Mahana. These Terms of Service (“Terms”) govern your access to and use of the Mahana platform, website, and related services (collectively, the “Service”) operated by Olomana Studios (“Company,” “we,” “us,” or “our”).

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Service Description

Mahana is an AI-powered SMS customer service platform for small businesses. The Service provides:

• A dedicated toll-free phone number for your business
• An AI triage engine that automatically responds to common customer questions via SMS based on your business knowledge base
• A web-based dashboard for your team to manage conversations
• Workflow automation including email notifications and escalations
• Knowledge base management for AI training

2. AI-Generated Responses — Important Disclaimer

Mahana uses large language model (“LLM”) technology to generate automated SMS responses on behalf of your business. While we implement extensive testing, redundancy checks, prompt engineering safeguards, and output validation to maximize accuracy, AI-generated responses may occasionally contain errors, inaccuracies, or information that does not accurately reflect your business, its services, pricing, policies, or other details.

By using the Service, you acknowledge and accept the following:

• No guarantee of accuracy. AI-generated responses are produced by third-party language models and may be incorrect, incomplete, misleading, or inappropriate despite our best efforts to prevent such outcomes.
• Your responsibility to review. You are responsible for reviewing AI-generated responses, maintaining an accurate knowledge base, and promptly correcting any errors. The Service provides tools to monitor and manage automated responses.
• Assumption of risk. You assume all risk associated with AI-generated responses sent to your customers. Mahana is not liable for any damages, losses, claims, or costs arising from inaccurate, misleading, or otherwise problematic AI-generated responses, including but not limited to lost revenue, customer dissatisfaction, reputational harm, or legal claims brought by third parties.
• Not professional advice. AI-generated responses do not constitute legal, medical, financial, or other professional advice. You must not rely on the Service for communications that require professional expertise or licensing.

3. Eligibility and Account Registration

To use the Service, you must be at least 18 years old and have the legal authority to bind yourself (or the entity you represent) to these Terms. By registering, you represent that:

• All information you provide is accurate, complete, and current
• You have the authority to operate the business on whose behalf you are registering
• You will maintain the security of your account credentials and are responsible for all activity under your account

4. Subscription Plans and Payment

4.1 Billing

The Service is offered on a monthly subscription basis. Subscription fees are billed in advance on a recurring monthly cycle through our payment processor, Stripe. By subscribing, you authorize us to charge your payment method on file for the applicable fees.

4.2 Plan Limits

Each subscription plan includes monthly limits on SMS messages, team members, knowledge base entries, and workflows. If you exceed your monthly message limit, outbound automated responses will be paused until the next billing cycle or until you upgrade your plan.

4.3 Price Changes

We may change subscription pricing with at least 30 days’ prior notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.

4.4 Refunds

Subscription fees are generally non-refundable. If you believe you are entitled to a refund due to a billing error or service issue, please contact us at contact@heymahana.com. Refund requests are handled on a case-by-case basis at our sole discretion.

5. Cancellation and Termination

5.1 Cancellation by You

You may cancel your subscription at any time through the billing settings in your dashboard. Upon cancellation, your subscription remains active until the end of the current billing period. After that:

• Your toll-free phone number will be released
• Automated SMS responses will stop
• Your account will be suspended

5.2 Termination by Us

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms
• Non-payment of fees
• Fraudulent, abusive, or illegal activity
• Violation of SMS carrier regulations or applicable telecommunications laws

6. Your Responsibilities

You agree to:

• Provide accurate business information. Your business name, contact details, and description are used for carrier verification, AI triage, and regulatory compliance. Inaccurate information may result in verification rejection or account suspension.
• Maintain your knowledge base. The accuracy of AI-generated responses depends on the information you provide. You are responsible for keeping your knowledge base up to date.
• Comply with SMS regulations. You must comply with all applicable laws and regulations related to SMS communications, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and carrier-specific policies. You must obtain proper consent from your customers before they are contacted via SMS.
• Respect opt-out requests. The Service automatically handles STOP, HELP, and similar keyword requests per carrier requirements. You must not attempt to circumvent these mechanisms.
• Not misuse the Service. You must not use the Service to send spam, unsolicited messages, or messages that violate any law. You must not attempt to reverse-engineer, interfere with, or compromise the Service.

7. Intellectual Property

The Service, including its software, design, documentation, and branding, is owned by Olomana Studios and protected by intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable license to use the Service for your internal business purposes during your subscription term.

You retain ownership of the content you provide to the Service, including your knowledge base entries, business information, and any data you upload. You grant us a limited license to use this content solely for the purpose of providing and improving the Service.

8. Third-Party Services

The Service relies on third-party providers to deliver core functionality:

• Twilio for SMS delivery and toll-free number provisioning
• Anthropic (Claude) for AI-powered message triage and response generation
• Stripe for payment processing
• Resend for email delivery

We are not responsible for the availability, performance, or policies of these third-party services. Your use of the Service is also subject to the terms and policies of these providers. Outages, changes, or disruptions to third-party services may affect the availability or functionality of the Service, and we shall not be liable for any such impact.

9. SMS Delivery

SMS delivery depends on telecommunications carriers and is inherently unreliable. We do not guarantee that any SMS message will be delivered, delivered on time, or delivered accurately. Carrier filtering, network outages, device issues, and other factors outside our control may affect delivery. We are not liable for undelivered or delayed messages.

10. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the Service, you consent to our data practices as described in the Privacy Policy.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, reliability, or completeness of any AI-generated content or any other content provided through the Service.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OLOMANA STUDIOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR REPUTATION, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

This limitation applies to all claims, whether based on warranty, contract, tort, strict liability, or any other legal theory, and whether or not we have been advised of the possibility of such damages. This includes, without limitation, any damages arising from AI-generated responses that are inaccurate, incomplete, misleading, or otherwise problematic.

13. Indemnification

You agree to indemnify, defend, and hold harmless Olomana Studios, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Service
• AI-generated responses sent to your customers through the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Any claim by a third party (including your customers) related to communications sent through the Service
• Your knowledge base content or any other content you provide to the Service

14. Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved within 30 days, either party may pursue binding arbitration administered under the rules of the American Arbitration Association. The arbitration shall be conducted in the State of California. Each party shall bear its own costs.

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

16. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms.

17. Severability

If any provision of these Terms is held to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

18. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Olomana Studios regarding the Service and supersede all prior agreements, communications, and understandings.

19. Contact

If you have questions about these Terms, please contact us at: contact@heymahana.com