Aloha Magic AI Terms & Conditions

These Terms & Conditions ("Terms") govern your use of Aloha Magic AI, a service of Aloha Magic LLC ("Aloha Magic AI," "we," "us," or "our"). By purchasing or using our services, you agree to these Terms.

1. Our Services

Aloha Magic AI provides AI visibility, Generative Engine Optimization (GEO), search engine optimization (SEO), website analysis, monitoring, reporting, recommendations, free tools, and related technology services. The specific features included in a purchase are those described on the applicable product or checkout page at the time of purchase.

2. International Availability

Our services may be purchased and used by customers in the United States and internationally, subject to applicable law, payment availability, third-party platform availability, sanctions and export restrictions, and these Terms. You are responsible for ensuring that your use of the services is lawful where you are located.

3. AI Visibility Is Variable

AI and search platforms are dynamic third-party systems. Results observed by Aloha Magic AI represent a snapshot of what was observed when our tests were performed. Results can change at any time.

• Model and algorithm updates
• Prompt wording
• User, session, or geographic location
• Personalization and timing
• Model version and search indexes
• Retrieval, browsing, and citation behavior
• Third-party data sources and platform availability

Similar or identical prompts may produce different responses at different times.

4. No Results Guarantee

Aloha Magic AI provides analytics, monitoring, reporting, and recommendations. We do not guarantee that using our services or recommendations will cause your business to rank higher; appear, be mentioned, cited, recommended, summarized, or preferred by an AI or search platform; improve GEO or SEO rankings; receive additional traffic, leads, customers, conversions, sales, revenue, or profit; or achieve any particular marketing or business result.

Without limiting the foregoing, we do not guarantee ChatGPT mentions, Gemini mentions, Claude mentions, Perplexity mentions, Copilot mentions, Google AI Overviews placement, Google AI Mode placement, search rankings, AI recommendations, increased traffic, leads, revenue, sales, or any specific business outcome.

AI and search platforms are controlled by third parties and are outside Aloha Magic AI's control.

5. What We Do Promise

We will use commercially reasonable care to perform the service you purchase and provide the analysis, monitoring, or report described at the time of purchase. If a report contains a material technical error caused by our system, contact us promptly. When appropriate, our remedy may include correcting the error, rerunning affected analysis, providing reasonably equivalent analysis, issuing a service credit, or providing a refund when we are unable to deliver the purchased service.

6. Third-Party Platforms

Our services depend upon third-party AI, search, payment, hosting, analytics, crawling, API, and technology providers. These providers may change their technology, APIs, access rules, pricing, rate limits, models, algorithms, terms, or availability; return incomplete or inaccurate information; restrict access; or experience outages. We cannot guarantee their continued availability or behavior.

If a provider becomes unavailable or materially changes its service, we may substitute a reasonably comparable provider, adjust affected analysis, reschedule it, or modify the service as reasonably necessary.

7. Customer Responsibilities

• Provide accurate information reasonably necessary to perform the service
• Have the right to provide submitted information and materials
• Decide whether and how to implement recommendations
• Independently evaluate important business decisions
• Maintain appropriate backups of your own information

Our recommendations are informational and business/marketing oriented. They are not legal, tax, accounting, financial, medical, or other regulated professional advice.

8. One-Time Audits

One-time audit purchases begin processing after payment and required customer information are received. Because audits involve AI queries, APIs, website analysis, computing resources, and report generation, refund rights change once processing begins. Our Refund & Cancellation Policy is incorporated into these Terms.

9. Subscriptions

When recurring products such as AI Visibility Watch are offered, subscriptions automatically renew at the applicable billing interval until canceled. For monthly subscriptions, payment is generally collected in advance; you may cancel future renewal at any time using the available customer portal or by contacting us; cancellation ordinarily takes effect at the end of the current paid billing period; service ordinarily continues through that period; and we generally do not provide partial-month refunds or credits except where required by law or stated in our Refund & Cancellation Policy.

We may change subscription prices or features prospectively. When required by applicable law, we will provide advance notice and any required cancellation or consent options before a material change applies to a future renewal.

10. Failed Payments

If a recurring payment fails, our payment provider may attempt collection again. We may suspend monitoring, reports, account access, or other paid features while an account remains unpaid. Continued nonpayment may result in cancellation.

11. Intellectual Property

You retain ownership of business information and other materials you provide to us. Subject to payment of applicable fees, you may use your completed Aloha Magic AI report for your own business purposes.

Aloha Magic AI retains all rights in its underlying software, systems, audit methodology, scoring methods, prompts, frameworks, templates, workflows, report structure, algorithms, branding, tools, and technology. Purchasing a report does not transfer ownership of our underlying technology or methodology.

12. Acceptable Use

• Do not violate applicable law
• Do not infringe another person's rights
• Do not submit confidential or proprietary third-party information without authorization
• Do not probe or compromise our security or abuse APIs/infrastructure
• Do not reverse engineer our software where prohibited by law
• Do not copy proprietary systems or methodology to create a competing product
• Do not deceptively misrepresent or manipulate reports

13. Disclaimer of Warranties

Except for promises expressly stated in these Terms and rights that cannot legally be excluded, our services are provided on an "as available" basis. AI-generated and third-party information may be inaccurate, incomplete, outdated, inconsistent, or unsuitable for a particular purpose. You are responsible for evaluating recommendations and information before relying upon them.

14. Limitation of Liability

To the fullest extent permitted by applicable law, Aloha Magic AI and Aloha Magic LLC will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost opportunities, lost goodwill, business interruption, or loss of data arising from use of our services.

To the fullest extent permitted by law, our aggregate liability arising from a particular paid service will not exceed the amount you paid Aloha Magic AI for the service giving rise to the claim. Some jurisdictions do not permit certain limitations, so portions of this section may not apply to you.

15. Indemnification

To the extent permitted by law, you agree to indemnify and hold Aloha Magic LLC harmless from third-party claims resulting from information or materials you provide, your unlawful use of the service, your infringement of third-party rights, or your material violation of these Terms.

16. Service Changes and Interruptions

We may update, improve, replace, modify, or discontinue features as technology evolves. We do not guarantee uninterrupted access to services that depend upon internet connectivity or third-party providers.

17. Refunds and Cancellations

Our Refund & Cancellation Policy is incorporated into these Terms. Nothing in these Terms limits refund, cancellation, withdrawal, privacy, or consumer rights that cannot legally be waived under applicable law in your jurisdiction.

18. Governing Law

These Terms are governed by the laws of the State of Hawaii, United States, without regard to conflict-of-law principles, except to the extent mandatory laws in your jurisdiction apply and cannot legally be waived.

19. Changes to These Terms

We may update these Terms as our products, technology, or legal requirements evolve. The current version and effective date will be posted on our website.

20. Contact