Terms of Service

1. Who these terms are between

This website, aleradigital.com, is operated by Alera Digital, a Hawaii business based in Honolulu ("Alera", "we", "us"). These Terms of Service ("Terms") are a binding agreement between Alera and you.

By using this site, you accept these Terms. If you don't accept them, don't use the site.

2. These terms and a signed agreement

These Terms cover your use of this website and any informal dealings before a contract exists.

If you engage us as a client, a separate written Services Agreement governs that work. Where that agreement and these Terms conflict, the signed agreement controls for everything it addresses. Nothing on this website is an offer capable of acceptance, a quote, or a binding commitment to provide services.

3. Eligibility

You must be at least 18 and able to form a binding contract. If you're using the site for a business, you confirm you're authorised to act for that business.

4. Our services involve artificial intelligence

This matters more than most of this page, so it's stated plainly.

• AI agents generate responses automatically. They can be wrong, incomplete, or phrased in a way you wouldn't have chosen. They are built to escalate rather than guess, but no system of this kind is error-free and we don't represent otherwise.
• Our AI identifies itself as AI. We don't build agents that claim to be human, and anyone who asks for a person is handed over.
• You approve the configuration. Services, pricing rules, policies, hours and scope come from you. We build to what you give us. You are responsible for the accuracy of that information and for reviewing it as your business changes.
• Output is attributed to you. An agent answering your phone or your website speaks as your business. You remain responsible to your customers for what is said on your behalf.
• No professional advice. Nothing produced by our agents, this site, or our tools is legal, financial, medical, tax or other professional advice.

5. Call recording

Where an AI receptionist records calls, the greeting states so at the start of the call, before the caller has said anything substantive. Callers who prefer not to be recorded can end the call or ask to be transferred to a person.

Recording law varies by state, and some states require the consent of every party to a call. Where we act for a client, that client is responsible for its own obligations in the jurisdictions where its callers are located. We provide the notice described above and follow reasonable written instructions, but we do not provide legal advice on recording consent. See our Privacy Policy for how recordings are handled and retained.

6. Text messaging

Some services send text messages. Text messaging in the United States is regulated, and the rules are strict.

• You must have prior express consent from every person we message on your behalf. You provide the contact lists and the triggers; you warrant that the people on them have agreed to be contacted.
• Opt-outs are honoured. Replying STOP ends messages. Replying HELP returns contact information. We configure this; you must not circumvent it.
• A2P 10DLC registration is required by US carriers before a business can send. Registration is per business, under your own legal entity and EIN, and carrier review is outside our control.
• Message and data rates may apply. Message frequency varies by configuration.

Full detail is on our Messaging Terms page.

7. What you must not do

• Use the services to contact people who have not consented to be contacted.
• Use them for anything unlawful, deceptive, harassing, or for any purpose prohibited by a carrier or platform we rely on.
• Misrepresent an AI agent as a human, or instruct us to configure one that does.
• Attempt to breach, probe, overload or reverse-engineer the site or the systems behind it.
• Scrape, copy or republish the content of this site except as section 8 allows.
• Use the services for regulated activity we have not agreed to support in writing.

8. Intellectual property

The code, copy, layout, arrangement and overall design of this site are owned by Alera, and the selection, direction and arrangement of everything shown on it are ours. You may view and print pages for your own evaluation. You may not copy, republish, scrape or create derivative works from this site without our written permission.

Some graphics on this site were produced with AI tools. Under current US Copyright Office guidance, material generated by artificial intelligence without sufficient human authorship may not be protected by copyright. We therefore claim rights in the human authorship involved — the direction, selection, editing and arrangement — and in the site as a compilation, rather than asserting copyright over every individual generated image. Nothing here is a representation about the copyright status of any particular asset.

Work we build for a client is dealt with in that client's Services Agreement, not here. Where a deliverable is produced with AI tools, we will tell the client so, because it affects what rights they can register and enforce.

Content you give us — your logo, copy, service details, images — remains yours. You grant us the licence we need to use it to deliver the services you've asked for, and you confirm you have the rights to give us that licence.

9. Concept work shown on this site

The campaigns and website designs on our Our Work page are concept work created by us for brands that do not exist. Names such as Apex Motors, Ember Coffee, Ridgeline Construction, Petal & Stem, The Happy Paw, The Luma, Far & Away, Slice Riot, Orbit Footwear, Butter Days, PULSE and FORMA are fictional. Nothing on that page represents a client relationship, an endorsement, or results achieved for a real business. Any resemblance to a real company is unintended.

10. Estimates, calculators and results

Our missed call calculator and any figures in proposals or marketing materials are estimates generated from inputs you supply. They are not quotes, valuations, predictions, or representations of results.

We do not guarantee any level of leads, bookings, revenue, call volume, review count or search ranking. Outcomes depend on your market, your pricing, your capacity and factors outside anyone's control.

11. Third-party services

The site and services rely on third parties, including Netlify, Cal.com, Google Workspace, GoHighLevel, Stripe and telecommunications carriers. We choose them carefully but we don't control them, and we are not responsible for their acts, outages, pricing or terms. Our Privacy Policy lists the ones that handle personal information.

Links to other websites are provided for convenience and are not endorsements.

12. Availability

The services run continuously; support does not. We don't represent that a person is available outside business hours, and we don't guarantee uninterrupted or error-free operation. The services depend on third-party platforms and carriers, and no software of this kind runs without interruption.

13. Disclaimer of warranties

To the fullest extent permitted by law, this website and the services are provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory. We specifically disclaim the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that the services will be uninterrupted, secure, error-free, or will produce any particular result.

Some jurisdictions don't allow certain disclaimers, so parts of this section may not apply to you.

14. Limitation of liability

To the fullest extent permitted by law:

• Neither party is liable for indirect, incidental, special, consequential or punitive damages, including lost profits, lost revenue, lost data or lost business opportunity, even if advised such damages were possible.
• For clients, our total aggregate liability is limited to the fees you paid us in the three months immediately preceding the event giving rise to the claim.
• For anyone who is not a paying client, our total aggregate liability is limited to one hundred US dollars ($100).

Nothing in these Terms limits liability for fraud, wilful misconduct, or anything that cannot lawfully be limited.

15. Indemnification

You will defend, indemnify and hold harmless Alera Digital, its owners, officers and contractors from any claim, demand, loss, liability, penalty, fine or expense (including reasonable legal fees) arising out of or relating to:

• contacting any person without the consent required by law, including under the Telephone Consumer Protection Act, state mini-TCPA statutes, or any do-not-call rule;
• call recording in any jurisdiction, where the claim arises from your instructions or your failure to meet your own obligations;
• content, contact lists, claims or information you supply to us, including any infringement of a third party's rights;
• your use of the services in breach of these Terms or of any law;
• your relationship with your own customers, including anything an agent said on your behalf under a configuration you approved.

We'll notify you of any such claim and you may control the defence, provided you don't settle in a way that imposes an obligation or admission on us without our written consent.

16. Term and termination

These Terms apply while you use the site. We may suspend or terminate access at any time if you breach them or if we reasonably believe continued access creates legal or security risk. Sections 8 through 18 survive termination.

Termination of a client engagement is governed by the Services Agreement.

17. Governing law and disputes

These Terms are governed by the laws of the State of Hawaii, without regard to conflict-of-laws rules.

Talk to us first. Before filing anything, send a written description of the dispute to contact@aleradigital.com and give us 30 days to resolve it. Most disputes end here, and it costs neither of us anything.

If that doesn't resolve it, the state and federal courts located in Hawaii have exclusive jurisdiction, and both parties consent to venue there.

Any claim must be brought within one year of the date it arose, to the extent that limit is enforceable where you are.

18. General

• Changes. We may update these Terms. The date at the top changes, and material changes will be flagged on this page. Continued use after a change is acceptance.
• Severability. If a provision is unenforceable, the rest stays in force and the provision is narrowed to the minimum extent needed.
• No waiver. Not enforcing something once doesn't waive it.
• Assignment. You may not assign these Terms without our written consent. We may assign to a successor in a merger or sale of substantially all assets.
• Independent contractor. Nothing here creates a partnership, joint venture, employment or agency relationship.
• Entire agreement. These Terms, the Privacy Policy, the Messaging Terms and any signed Services Agreement are the entire agreement between us on their subject matter.

19. Contact

Questions about these Terms: contact@aleradigital.com, or Alera Digital, 1001 Bishop St. STE 2685A, Honolulu, HI 96813.