Last Updated: October 22, 2025

Welcome to Kona House (“Company,” “we,” “us,” or “our”).
These Terms of Service (“Terms”) govern your access to and use of our website https://thekonahouse.com (“Website”) and our services (the “Services”), which include AI-driven and SMS-based lead re-engagement and appointment scheduling provided on behalf of our clients.

By using our Services, you (“Client,” “you,” or “your”) agree to these Terms. If you do not agree, you must not use our Services.

1. Our Services

Kona House provides an AI and SMS-based system that re-engages leads provided by the Client, initiates conversations, and books meetings or appointments directly on the Client’s calendar.

We operate primarily on a performance-based model, meaning fees are based on measurable outcomes (such as meetings booked or results achieved), as outlined in your specific agreement or proposal.

2. Client Responsibilities

By using our Services, you agree that:

  1. You Own or Control the Lead Data.
    You represent and warrant that you have all necessary rights, permissions, and legal bases to provide lead data to Kona House, including consent from individuals for communication under applicable laws (such as the Telephone Consumer Protection Act (TCPA), CAN-SPAM, and GDPR).
  2. You Are the Data Controller.
    You acknowledge that you are the data controller for all uploaded leads. Kona House acts solely as a data processor or service provider on your behalf.
  3. You Will Comply with Applicable Laws.
    You are responsible for ensuring that your marketing and communication practices comply with all applicable laws and industry regulations.
  4. Accuracy of Information.
    You must provide accurate, up-to-date, and lawful data. Kona House will not be responsible for results affected by inaccurate or incomplete data.
  5. Account Security.
    If you are provided with login credentials or access portals, you must keep them secure and confidential.

3. Kona House Responsibilities

We agree to:

  • Process client data solely to deliver contracted Services.
  • Maintain reasonable administrative, technical, and organizational measures to secure data.
  • Include opt-out mechanisms (“Reply STOP to unsubscribe”) in all outbound SMS communications.
  • Act only upon documented instructions from the Client regarding data usage.
  • Delete or anonymize client-provided data after contract completion or upon request.

4. Performance-Based Compensation

Our pricing structure is performance-based unless otherwise agreed in writing.
Specific metrics (such as number of meetings booked or revenue generated) and compensation terms are defined in your Service Agreement or Statement of Work (SOW).

All payments are due per the terms in the signed agreement. Late or unpaid invoices may result in suspension of services and legal action taken.

5. Use Restrictions

You agree not to:

  • Use the Services for illegal, harmful, or deceptive purposes.
  • Provide lead data without proper consent from individuals.
  • Reverse-engineer, copy, or modify any part of Kona House’s technology.

Kona House reserves the right to suspend or terminate service for any misuse or violation of these Terms.

6. Data Ownership and Privacy

  1. Client Data:
    All lead data provided by the Client remains the sole property of the Client.
    Kona House claims no ownership over such data and will not use it for any purpose other than providing the contracted Services.
  2. Processor Role:
    Kona House acts as a Data Processor under applicable data protection laws (including GDPR and CCPA).
    A separate Data Processing Agreement (DPA) may apply if required by law.
  3. Privacy Policy:
    Use of the Website is governed by our Privacy Policy, which explains how we handle information.

7. Compliance and Messaging Standards

Kona House sends SMS and AI-assisted communications on behalf of clients.

  • All messages are compliant with TCPA and CTIA guidelines.
  • Each message includes clear identification and opt-out options.
  • Clients are responsible for ensuring their contact lists consist of individuals who have provided prior express consent for communication.

If complaints or violations occur due to non-consented data provided by the Client, the Client assumes full responsibility and indemnifies Kona House against any resulting claims or damages.

8. Confidentiality

Both parties agree to keep confidential all proprietary information, trade secrets, data, and business materials shared during the relationship.

This obligation survives termination of the agreement.

9. Intellectual Property

All intellectual property rights in the Services, including AI systems, software, branding, and proprietary methods, remain the exclusive property of Kona House.

Clients receive a limited, non-transferable, non-exclusive right to use the Services during the term of engagement.

10. Disclaimer of Warranties

Our Services are provided “as is” and “as available.”

Kona House makes no warranties, express or implied, regarding the Services, including fitness for a particular purpose, accuracy, or uninterrupted availability.

Performance outcomes may vary depending on lead quality, timing, and other factors beyond our control.

11. Limitation of Liability

To the fullest extent permitted by law:

  • Kona House shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits or data.
  • Total liability for any claim shall not exceed the amount paid by the Client to Kona House in the two(2) months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Kona House, its employees, and affiliates from and against any claims, damages, or expenses arising from:

  • Your use of the Services,
  • Your violation of these Terms, or
  • Your failure to obtain valid consent for contact with uploaded leads.

13. Termination

Either party may terminate the engagement by written notice.
Upon termination:

  • All client data will be deleted or returned within 60 days.
  • Any outstanding payments become immediately due.
  • Sections regarding confidentiality, data ownership, limitations of liability, and indemnification shall survive termination.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of law principles.
Any disputes shall be resolved exclusively in state or federal courts located in St. Louis County, Missouri.

15. Updates to These Terms

Kona House may modify these Terms at any time.

The updated version will be posted on our website with a new “Last Updated” date. Continued use of our Services after updates constitutes acceptance of the revised Terms.

16. Contact Information

If you have any questions or concerns about this Privacy Policy, please contact us via the contact form at:

Kona House
https://thekonahouse.com/contact-us