Aloha Voice, LLC Terms of Use

Last Update: 10/1/25 These Terms of Use (“Terms”) govern your use of the VoIP and related services (“Services”) provided by Aloha Voice, Inc., a Texas corporation (“Aloha Voice,” “we,” “our,” or “us”). By using our Services, you agree to these Terms.
  1. Eligibility and Account Setup 
  • You must be at least 18 years old to use our Services.
  • You agree to provide accurate account information and keep it up to date.
  • You are responsible for maintaining the security of your account credentials.
  1. Scope of Services 
Aloha Voice provides internet-based voice calling (VoIP), fax transmission, analytics, voicemail, call management, device monitoring, and related features. These Services may leverage third-party carriers or technologies. We do not guarantee that the Services are compatible with all devices or internet connections.
  1. 911 / Emergency Calling Disclosure 
  • VoIP 911 Limitations: Calls to 911 using Aloha Voice may not function the same as traditional landline or mobile 911 services. Your call may fail if there is a power outage, internet disruption, or service suspension.
  • Location Accuracy: Because VoIP relies on the internet, your call may not automatically provide accurate location information to emergency responders.
  • User Responsibility: You are responsible for providing accurate physical address information for 911 service registration and keeping it current.
  • Consent: By using our Services, you acknowledge these limitations.
  1. Platform Features 
4.1 Fax Services: Aloha Voice provides fax transmission and management features, including cover sheets, inbox/outbox tracking, broadcast faxing, and referral contact libraries. Fax transmissions are designed to be HIPAA-compliant; however, successful delivery depends on third-party carriers and networks. We do not guarantee delivery, timeliness, or accuracy of fax transmissions. Customers are responsible for obtaining necessary consents, ensuring fax content complies with HIPAA and applicable laws, and confirming receipt with intended recipients. 4.2 Analytics & Reporting: The platform provides dashboards and reports, including call volume, performance metrics, usage monitoring, and billing cycle analytics. These features are provided for informational purposes only. Aloha Voice does not warrant that analytics data will be error-free or suitable for regulatory reporting, billing reconciliation, or compliance documentation. Customers remain responsible for verifying data before relying on it. 4.3 Device & Hardware Management: Customers may provision, monitor, and administer VoIP phones and related hardware through the platform. While Aloha Voice provides autoprovisioning and firmware tracking tools, customers are responsible for securing devices, ensuring proper local network configuration, and maintaining updated firmware. Aloha Voice is not liable for outages, misconfigurations, or failures caused by customer networks or devices. 4.4 Extension & IVR Configuration: Customers control call routing, extension-level handling, and interactive voice response (IVR) settings. Customers are responsible for configuring routing to ensure calls are directed appropriately, including to emergency services when required. Aloha Voice is not responsible for misrouted calls or service impacts resulting from customer configuration errors. 4.5 Number Porting: Aloha Voice facilitates the transfer of phone numbers from other providers through a porting process requiring Letters of Authorization and supporting documentation. While we make commercially reasonable efforts to complete porting, timelines and outcomes depend on third-party carriers. We do not guarantee specific completion dates or success. Customers remain responsible for maintaining active service with their existing carrier until porting is confirmed. 4.6 Call Recording & Monitoring: Calls made or received through Aloha Voice may be recorded or monitored for compliance, training, and platform improvement (including human training and AI feature enhancement). By using the Services, you consent to such recordings. You are solely responsible for: (a) providing legally required disclosures, (b) obtaining any necessary consents from end users, patients, or third parties, and (c) complying with one-party or two-party consent laws in your state or jurisdiction. Aloha Voice provides administrative controls to enable or disable recording; however, compliance responsibility remains with the customer. 4.7 AI Features and Transcripts: Certain features, including AI-generated transcripts and interaction logs (e.g., Charlie AI), are provided for convenience and training. AI outputs may contain errors or omissions. Customers are responsible for reviewing and verifying transcripts, and Aloha Voice disclaims liability for reliance on AI outputs. 4.8 Compliance Support: Aloha Voice provides tools such as call logs, secure transmission, and audit trails to support compliance with HIPAA, HITECH, and the Texas Data Privacy and Security Act. These tools are provided as aids only. Customers remain ultimately responsible for ensuring compliance with all applicable privacy, data protection, and healthcare regulations.
  1. Acceptable Use Policy 
You agree not to use our Services to:
  • Violate any laws or regulations (including FCC rules, TCPA, HIPAA, HITECH, or state privacy laws such as the Texas Data Privacy and Security Act).
  • Send spam, robocalls, or unlawful automated messages.
  • Transmit content prohibited under CTIA “SHAFT” guidelines (Sex, Hate, Alcohol, Firearms, Tobacco, including cannabis/CBD).
  • Harass, defraud, or abuse others.
We reserve the right to suspend or terminate accounts that violate this policy.
  1. Service Limitations and Availability 
  • Services require power, internet access, and proper configuration. We do not guarantee uninterrupted or error-free service.
  • Outages may prevent 911 calls, voicemail, or call recording.
  • We are not responsible for third-party outages (carriers, ISPs, power grids).
  1. Billing and Payment 
  • Services are subscription-based. Fees are due as specified in your order form.
  • Late or failed payments may result in suspension or termination of Services.
  • All fees are non-refundable except as required by law.
  1. Intellectual Property 
  • Aloha Voice owns all rights, title, and interest in the Services, including software, AI enhancements, and related materials.
  • You may not copy, reverse engineer, resell, or use our IP outside of your subscription.
  1. Disclaimers and Limitation of Liability 
  • Services are provided “as is” and “as available.”
  • To the maximum extent permitted by law, we disclaim all warranties (express or implied).
  • We are not liable for indirect, incidental, or consequential damages, including loss of data, revenue, or profits.
  • Our total liability shall not exceed the fees paid to us in the twelve (12) months preceding the claim.
  1. Indemnification
You agree to indemnify and hold harmless Aloha Voice from claims, damages, or losses resulting from your use of the Services, including violations of law, misuse of 911, unauthorized call recordings, or failure to comply with HIPAA and other applicable laws.
  1. Governing Law and Dispute Resolution 
  • These Terms are governed by the laws of the State of Texas.
  • Any disputes shall be resolved by confidential arbitration in Collin County, Texas, under JAMS Rules.
  • Either party may seek injunctive relief in Texas state or federal courts for intellectual property or misuse of Services.
  1. Changes to Terms 
We may update these Terms from time to time. Continued use of the Services after changes are posted constitutes acceptance of the revised Terms. Business Associate Agreement (BAA)  This Business Associate Agreement (this “Agreement”) is by and between Aloha Voice Subscriber, (“Covered Entity”) and Aloha Voice, Inc. (“Business Associate”), a Texas Corporation, with a business address at 300 Davis St., McKinney, TX 75069 and is effective as of the date of signup.
  1. Purpose 
This Agreement ensures compliance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act (“HITECH”), and their implementing regulations, as they relate to the use and disclosure of Protected Health Information (“PHI”) in connection with services provided by Aloha Voice.
  1. Definitions 
  • PHI: Protected Health Information as defined in 45 C.F.R. § 160.103.
  • Business Associate: Aloha Voice, Inc.
  • Covered Entity: The healthcare provider signing this Agreement.
  • HIPAA Rules: The HIPAA Privacy, Security, Breach Notification, and Enforcement Rules at 45 C.F.R. Parts 160 and 164.
  1. Obligations of Business Associate 
Aloha Voice agrees to:
  • Use or disclose PHI only as permitted by this Agreement or as required by law.
  • Implement appropriate safeguards (administrative, physical, and technical) to prevent unauthorized use or disclosure of PHI.
  • Report to Covered Entity any unauthorized use or disclosure of PHI, including security incidents and breaches, without unreasonable delay and no later than five (5) business days after discovery.
  • Ensure that any subcontractors who access PHI agree in writing to the same restrictions and conditions.
  • Make PHI available to Covered Entity as needed for patient access and amendment rights.
  • Maintain and provide an accounting of disclosures of PHI as required by HIPAA.
  • Make internal practices, books, and records relating to PHI available to the Secretary of Health and Human Services for compliance review.
  1. Permitted Uses and Disclosures by Business Associate 
Aloha Voice may:
  • Use PHI to provide VoIP and related services to Covered Entity.
  • Use PHI for proper management, training, AI enhancement, and administration of Aloha Voice, provided disclosures are de-identified or otherwise permissible under HIPAA.
  • Disclose PHI as required by law.
  1. Obligations of Covered Entity 
Covered Entity agrees to:
  • Not request Business Associate to use or disclose PHI in any manner that would not be permissible under HIPAA if done by Covered Entity.
  • Notify Business Associate of any privacy restrictions, changes, or patient requests affecting PHI that may impact Aloha Voice’s obligations.
  1. Term and Termination
  • Term: This Agreement remains in effect as long as Aloha Voice provides services involving PHI for Covered Entity.
  • Termination for Cause: Covered Entity may terminate this Agreement if Aloha Voice materially breaches its terms and fails to cure within thirty (30) days of notice.
  • Effect of Termination: Upon termination, Aloha Voice will return or securely destroy all PHI. If return or destruction is not feasible, Aloha Voice will extend protections of this Agreement to such PHI and limit further use/disclosure.
  1. Liability and Indemnification 
Each party shall indemnify and hold harmless the other from claims, damages, or expenses arising from its failure to comply with HIPAA or this Agreement.
  1. Governing Law 
This Agreement shall be governed by the laws of the State of Texas and applicable federal law.
  1. Miscellaneous 
  • This Agreement may be amended only in writing, signed by both parties.
  • This Agreement supersedes any conflicting provisions in other agreements between the parties regarding PHI.
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