Terms and Conditions

1. Acceptance of Terms

By accessing or using the AlohaGo website located at https://www.alohago.ai (the "Website" or "Platform"), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms"). These Terms constitute a legally binding agreement between you ("User," "you," or "your") and AlohaGo LLC ("AlohaGo," "we," "us," or "our"), a limited liability company organized under the laws of the State of Maryland.

If you do not agree to these Terms, you must immediately cease all use of the Website. We reserve the right to modify these Terms at any time. Continued use of the Website following any changes constitutes acceptance of the revised Terms. We will make reasonable efforts to notify users of material changes through on-site notifications or email.

2. Eligibility

You must be at least eighteen (18) years of age and possess the legal authority to enter into this agreement. By using the Website, you represent and warrant that you meet these requirements. If you are accessing the Website on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. Description of Services

AlohaGo provides users with the following services related to travel in the Hawaiian Islands:

• Reviews and Recommendations: User-generated and editorially curated reviews, ratings, and recommendations for accommodations, restaurants, activities, tours, and local attractions across the Hawaiian Islands.
• Itinerary Planning: Tools that allow users to create, customize, save, and share personalized travel itineraries for trips to and within Hawaii.
• Payment Processing: Secure payment processing for premium features and one-time purchases made through the Website.

We reserve the right to modify, suspend, or discontinue any feature or service at any time, with or without notice.

4. User Accounts

4.1 Registration

To access certain features of the Website, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

4.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify AlohaGo immediately of any unauthorized use of your account. AlohaGo will not be liable for any loss or damage arising from your failure to maintain the security of your account.

4.3 Account Termination

We may suspend or terminate your account at our sole discretion, without prior notice, for conduct that we determine violates these Terms, is harmful to other users, or is otherwise objectionable. Upon termination, your right to use the Website will immediately cease.

5. User-Generated Content

5.1 Reviews and Submissions

The Website allows users to submit reviews, ratings, photographs, comments, and other content ("User Content"). By submitting User Content, you grant AlohaGo a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with the Website and AlohaGo's business operations.

5.2 Content Standards

You agree that your User Content will not:

• Contain false, misleading, defamatory, or fraudulent information
• Infringe upon the intellectual property rights, privacy rights, or other rights of any third party
• Contain obscene, offensive, threatening, harassing, or discriminatory material
• Promote illegal activities or violate any applicable local, state, national, or international law
• Contain viruses, malware, or any harmful computer code
• Include unsolicited advertising, spam, or promotional material

5.3 Content Moderation

AlohaGo reserves the right, but has no obligation, to monitor, edit, or remove any User Content at our sole discretion. We are not responsible for, and do not endorse, any User Content posted on the Website.

6. Itinerary Planning Services

The itinerary planning tools provided through the Website are for informational and convenience purposes only. AlohaGo does not guarantee the accuracy, availability, or suitability of any suggested activities, accommodations, transportation options, or other recommendations included in generated or curated itineraries.

Users are solely responsible for verifying all details of their travel plans, including but not limited to operating hours, availability, weather conditions, safety advisories, and any applicable local regulations. AlohaGo shall not be liable for any loss, death, injury, or inconvenience resulting from reliance on itinerary suggestions provided through the Website.

7. Payment Terms

7.1 Pricing and Fees

Certain features of the Website may require payment. All purchases made through the Website are one-time transactions. All prices are displayed in United States Dollars (USD) unless otherwise stated. AlohaGo reserves the right to change pricing at any time. Any price changes will not affect transactions that have already been completed.

7.2 Payment Processing

All payments are processed directly through the Website using secure, PCI-compliant third-party payment processors. By providing your payment information, you represent and warrant that you are authorized to use the payment method provided. AlohaGo does not store your full credit card or debit card numbers on our servers.

7.3 Billing and Authorization

By submitting a purchase through the Website, you authorize AlohaGo to charge the applicable fees to your designated payment method. You agree to pay all charges incurred in connection with your account, including applicable taxes and fees.

7.4 No Refunds

All purchases made through the Website are final. Due to the nature of the digital services and content provided, no refunds will be issued once a transaction has been completed. By completing a purchase, you acknowledge and agree that you are not entitled to a refund for any reason. AlohaGo reserves the right, in its sole discretion, to issue credits or refunds in exceptional circumstances on a case-by-case basis, but is under no obligation to do so.

8. Intellectual Property

All content, features, and functionality of the Website, including but not limited to text, graphics, logos, icons, images, audio, software, and compilations, are the exclusive property of AlohaGo LLC or its licensors and are protected by United States and international copyright, trademark, patent, and other intellectual property laws.

The AlohaGo name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of AlohaGo LLC. You may not use such marks without the prior written permission of AlohaGo.

9. Privacy and Data Collection

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Website, you consent to the collection, use, and sharing of your information as described in our Privacy Policy. We encourage you to review the Privacy Policy carefully.

We may collect location data to provide location-based recommendations and services. You may opt out of location data collection through your browser settings, though doing so may limit certain functionality of the Website.

10. Children's Privacy and COPPA Compliance

AlohaGo is committed to complying with the Children's Online Privacy Protection Act ("COPPA") and all other applicable laws protecting the privacy of children. The Website is not directed at, and is not intended for use by, individuals under the age of thirteen (13). We do not knowingly collect, use, or disclose personal information from children under the age of 13.

Additionally, certain features of the Website, including account registration, payment processing, and the submission of User Content, require users to be at least eighteen (18) years of age. Individuals between the ages of 13 and 17 may only access the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

If we become aware that we have inadvertently collected personal information from a child under the age of 13 without verifiable parental consent, we will take immediate steps to delete such information from our records. If you are a parent or guardian and believe that your child under 13 has provided personal information to us, please contact us immediately at support@alohago.ai so that we can take appropriate action.

Parents and guardians have the right to review, request deletion of, and refuse further collection of their child's personal information. To exercise these rights, please contact us at support@alohago.ai.

11. Notice to Residents of the European Economic Area, United Kingdom, and Switzerland

If you are located in the European Economic Area ("EEA"), the United Kingdom ("UK"), or Switzerland, you have certain rights under the General Data Protection Regulation ("GDPR"), the UK GDPR, and related data protection laws. This section provides additional information about how we process your personal data and the rights available to you.

11.1 Legal Bases for Processing

We process your personal data only when we have a valid legal basis to do so. Depending on the circumstances, we rely on one or more of the following legal bases:

• Contractual Necessity: Processing is necessary to perform our contract with you, such as providing our services, managing your account, and processing your purchases.
• Legitimate Interests: Processing is necessary for our legitimate business interests, such as improving our Website, preventing fraud, and ensuring network security, provided that such interests are not overridden by your rights and freedoms.
• Consent: Where you have given us your explicit consent to process your personal data for a specific purpose, such as sending you marketing communications or collecting precise location data. You may withdraw your consent at any time by contacting us at support@alohago.ai.
• Legal Obligation: Processing is necessary to comply with a legal obligation to which we are subject.

11.2 Your Rights Under the GDPR

If you are located in the EEA, UK, or Switzerland, you have the following rights regarding your personal data:

• Right of Access: You have the right to request confirmation of whether we process your personal data and to obtain a copy of that data.
• Right to Rectification: You have the right to request correction of inaccurate personal data or completion of incomplete personal data.
• Right to Erasure: You have the right to request deletion of your personal data in certain circumstances, such as when the data is no longer necessary for the purposes for which it was collected.
• Right to Restriction of Processing: You have the right to request that we restrict the processing of your personal data in certain circumstances, such as when you contest the accuracy of the data.
• Right to Data Portability: You have the right to receive your personal data in a structured, commonly used, and machine-readable format and to transmit that data to another controller without hindrance.
• Right to Object: You have the right to object to the processing of your personal data based on legitimate interests or for direct marketing purposes. Where you object to processing for direct marketing, we will cease processing your data for that purpose.
• Right to Withdraw Consent: Where processing is based on your consent, you have the right to withdraw that consent at any time. Withdrawal of consent does not affect the lawfulness of processing carried out prior to withdrawal.
• Right to Lodge a Complaint: You have the right to lodge a complaint with your local data protection supervisory authority if you believe that our processing of your personal data violates applicable data protection laws.

To exercise any of these rights, please contact us at support@alohago.ai. We will respond to your request within thirty (30) days, or within the timeframe required by applicable law.

11.3 International Data Transfers

AlohaGo is based in the United States. If you are located in the EEA, UK, or Switzerland, your personal data will be transferred to and processed in the United States. The United States may not provide the same level of data protection as your home jurisdiction. To ensure adequate protection of your personal data, we rely on appropriate safeguards for such transfers, including Standard Contractual Clauses approved by the European Commission, or other valid transfer mechanisms as required by applicable law.

12. Prohibited Conduct

In using the Website, you agree not to:

• Use the Website for any unlawful purpose or in violation of any applicable laws or regulations
• Attempt to gain unauthorized access to any portion of the Website, other accounts, or any systems or networks connected to the Website
• Use automated scripts, bots, scrapers, or other technology to access or interact with the Website without our express written consent
• Interfere with or disrupt the integrity or performance of the Website or related systems
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
• Engage in any conduct that restricts or inhibits any other user from enjoying the Website

13. Third-Party Content and Links

The Website may contain links to third-party websites, services, or content that are not owned or controlled by AlohaGo. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that AlohaGo shall not be responsible or liable for any damage or loss caused by or in connection with your use of any such third-party content or services.

14. Disclaimers

THE WEBSITE AND ALL CONTENT, SERVICES, AND FEATURES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, ALOHAGO DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

ALOHAGO DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALOHAGO MAKES NO REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT PROVIDED THROUGH THE WEBSITE, INCLUDING USER-GENERATED REVIEWS AND RECOMMENDATIONS.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALOHAGO LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to, use of, or inability to use the Website
• Any conduct or content of any third party on the Website
• Any content obtained from the Website, including reliance on reviews, recommendations, or itinerary suggestions
• Unauthorized access, use, or alteration of your transmissions or content
• Errors, inaccuracies, or omissions in any travel-related information provided through the Website

IN NO EVENT SHALL ALOHAGO'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE EXCEED THE AMOUNT YOU HAVE PAID TO ALOHAGO IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.

16. Indemnification

You agree to indemnify, defend, and hold harmless AlohaGo LLC, its officers, directors, employees, agents, licensors, 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 Website, your User Content, your violation of these Terms, or your violation of any rights of a third party.

17. Dispute Resolution

17.1 Governing Law

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

17.2 Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Website shall be resolved through binding arbitration administered in California, Maryland, in accordance with the rules of the American Arbitration Association. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

17.3 Waiver of Jury Trial

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ALOHAGO EACH IRREVOCABLY WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO A TRIAL BEFORE A JUDGE IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE. YOU ACKNOWLEDGE THAT THIS WAIVER IS KNOWING AND VOLUNTARY, AND THAT YOU HAVE HAD THE OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL REGARDING THIS WAIVER. IN THE EVENT THAT A DISPUTE IS NOT SUBJECT TO ARBITRATION UNDER THESE TERMS, BOTH PARTIES AGREE THAT ANY LITIGATION SHALL BE CONDUCTED BEFORE A COURT OF COMPETENT JURISDICTION SITTING WITHOUT A JURY.

17.4 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST ALOHAGO.

18. General Provisions

• Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
• Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices published by AlohaGo on the Website, constitute the entire agreement between you and AlohaGo concerning the Website.
• Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and AlohaGo's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
• Assignment: You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without AlohaGo's prior written consent. AlohaGo may assign these Terms at any time without notice or consent.
• Force Majeure: AlohaGo shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to natural disasters, pandemics, acts of government, war, terrorism, labor disputes, or internet or telecommunications failures.

19. Contact Information

If you have any questions, concerns, or feedback regarding these Terms and Conditions, please contact us at: