Terms of Service

Coconut Wireless is a prospecting tool for commercial real estate professionals. It maps businesses and buildings, shows property and occupancy information, and helps you find business contact information for decision makers at those businesses. Coconut CRM is a customer relationship management (CRM) workspace where you can organize those contacts and communicate with them by email, phone and text message.

The Service is for business and professional use only. It is not offered to consumers for personal, family or household purposes. We may add, change or remove features at any time; if we remove a feature that is material to a paid plan, we will tell you in advance where reasonably possible.

• You must be at least 18 years old and able to form a binding contract.
• Give us accurate, current information and keep it up to date. Use your own work email address.
• Each account is for one named person. Do not share your password, one-time sign-in codes or account with anyone, including colleagues; invite them so they get their own account.
• Keep your sign-in details secure and tell us right away at support@alohaaiconsulting.ai if you believe your account has been used without permission. You are responsible for activity under your account.
• If you act as a real estate broker or agent, you are responsible for holding any license your work requires and for following the rules that apply to it.
• Organization owners and administrators can invite and remove members, set permissions, and see and manage the organization’s data. If you join an organization, its administrators can access what you add to its workspace.

Subject to these Terms and any plan or order you have with us, we give you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Service, and the information it displays, for your own internal business purposes during your subscription. Your organization’s license covers only the people it has invited as members.

You may copy or export individual records into Coconut CRM or another system you use, using the features we provide, for your own prospecting and client work. All rights not expressly granted are reserved by us and our licensors.

You agree that you will not, and will not help anyone else to:

• scrape, crawl, spider or use bots, scripts or other automated means to access, copy or download the Service or its data, except through features or APIs we provide for that purpose;
• bulk download, cache, store or compile the Service’s data beyond what you need for your own active prospecting, or use it to build, train or improve any database, directory, artificial-intelligence model or product, or to compete with or substitute for the Service;
• sell, resell, rent, license, publish, share or otherwise give the Service or its data to anyone outside your organization, or let non-members use your account;
• use any information from the Service as a factor in deciding someone’s eligibility for credit, insurance, employment, housing, or any other purpose covered by the Fair Credit Reporting Act or similar laws — the Service is not a consumer reporting agency and its data is not a consumer report;
• use information about individuals to harass, stalk, threaten, defame or discriminate against anyone, or to contact anyone for non-business purposes;
• send spam or any message that is unlawful, deceptive or that the recipient has not agreed to receive where consent is required (see Your messages and outreach);
• upload or transmit malware, or any content that is unlawful, infringing, or that you do not have the right to share;
• probe, test or breach the security of the Service, get around usage limits or access controls, or access data that belongs to another organization;
• reverse engineer, decompile or disassemble the Service, except where the law expressly allows it despite this restriction;
• remove or obscure any copyright, attribution or other notice, or frame or mirror the Service; or
• use the Service in violation of any law or regulation.

We may monitor use of the Service to enforce these rules, and may limit, suspend or end access that we reasonably believe breaks them.

The Service compiles information about businesses, buildings, properties and the people who work at those businesses from public records and open data (for example government property, parcel and business filings, and open map data), business websites, licensed third-party data providers, and providers you choose to connect. Some of it is estimated or generated by software, such as the space a business occupies or a contact’s likely role.

This information can be incomplete, out of date or wrong. It is provided for prospecting and research only and is not a substitute for your own verification, a title report, survey, appraisal, inspection, or legal, tax or financial advice. Confirm anything you rely on before acting on it. We do not guarantee that any email address or phone number is valid, that a person still works where the Service shows, or that a property’s details are accurate.

Some data is licensed to us by third parties and remains their property; you may use it only as part of the Service and these Terms. Map data and imagery are provided by third parties, including OpenStreetMap contributors and Esri, and their attribution notices apply.

If you believe information about you is in the Service and want to see, correct or remove it, see the Privacy Policy.

Coconut CRM lets you send email, text messages and calls to your contacts. When you do, you are the sender, and you alone are responsible for your messages, your contact lists, and your compliance with every law and rule that applies to them, including:

• the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, the National Do Not Call Registry and state telemarketing and “mini-TCPA” laws;
• the CAN-SPAM Act and state email laws;
• wireless carrier requirements, the CTIA Messaging Principles and Best Practices, and A2P 10DLC registration rules; and
• privacy and data-protection laws that apply to you and your contacts.

Among other things, that means you must:

• get, and keep records of, any consent the law requires before you text or call a person, especially prior express written consent before sending marketing text messages or making autodialed or prerecorded calls;
• clearly identify yourself and your business in every message, honor opt-out and do-not-contact requests promptly, and include the opt-out instructions the law and carriers require;
• never text contacts from the Service, or any list you bought, rented or got from someone else, unless each person has opted in to receive texts from you — carriers prohibit messaging rented, sold or shared opt-in lists;
• check the National Do Not Call Registry, state do-not-call lists and your own internal do-not-contact list before calling or texting, as the law requires;
• register your own brand and messaging campaign (A2P 10DLC or toll-free verification) for the phone numbers you text from, and keep your registration accurate;
• in commercial emails, include your valid physical postal address and a working unsubscribe link, and honor unsubscribe requests within 10 business days;
• respect quiet hours and the contact’s time zone; and
• not send content that carriers prohibit or restrict, such as sex, hate, alcohol, firearms or tobacco (“SHAFT”) content, cannabis or illegal drugs, gambling, debt relief or high-risk lending, phishing or fraud.

Contact information in the Service does not tell you whether a person has consented to be texted or called. A phone number appearing in the Service is not consent. Our tools, templates and compliance features are not legal advice. Carriers and messaging providers may filter, block or delay messages, and we do not guarantee delivery or approval of any registration. We may suspend messaging features, at once and without liability, if we believe your messaging is unlawful, harmful, generating complaints, or puts our or our providers’ messaging registrations at risk.

This section covers text messages that Aloha AI Consulting LLC sends to you. (Messages you send to your own contacts through Coconut CRM are covered by Your messages and outreach.)

Program description

Program name: Aloha AI Consulting LLC – Coconut Wireless. When you opt in — for example by entering your mobile number and checking the consent box in the chat on our website — you agree to receive text messages from Aloha AI Consulting LLC at that number, which may be sent using automated technology. These include promotional and marketing messages about Coconut Wireless and Coconut CRM (such as product news, offers, demos and event invitations), replies to your questions, appointment scheduling and reminders, and account, onboarding and customer-care notices. Consent is not a condition of purchase. You do not have to agree to receive text messages to buy or use anything from us.

Besides STOP, we also honor STOPALL, UNSUBSCRIBE, CANCEL, END, QUIT, REVOKE and OPTOUT, and any other reasonable way of telling us you want to stop, such as a reply in your own words or an email to support@alohaaiconsulting.ai. We will honor your request promptly and within the time the law requires. Opting out of text messages does not cancel your account or stop service emails.

You confirm that you are the subscriber or customary user of the mobile number you give us, and that you are at least 18 years old. If you change or give up that number, text STOP from it first or tell us at support@alohaaiconsulting.ai so we stop texting it. Text messaging is available on most major U.S. carriers; carriers may not support every message type. We run this program in line with the CTIA Messaging Principles and Best Practices and applicable law.

Coconut CRM and parts of the Service run on platforms and infrastructure provided by third parties, such as our CRM and communications platform, hosting, email delivery, mapping and data providers. Those providers’ own terms and acceptable-use policies may also apply to how you use the related features, including messaging and phone numbers. You agree to follow them.

The Service can connect to accounts and services you choose — for example your work email, calendar, another CRM, or a lead-data provider using your own credentials. Your use of those services is governed by your agreements with them. You authorize us to exchange data with them on your behalf as needed to run the connection. We are not responsible for third-party services, and we may change or stop supporting an integration if the provider changes or ends it.

“Your Content” means the information you or your organization put into the Service — for example contacts you import or create, notes, tags, uploaded documents and reports, and messages you send or receive. As between you and us, you own Your Content.

You give us a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit and display Your Content only as needed to provide, secure, support and improve the Service, and as described in our Privacy Policy. You confirm you have the rights and any consents needed for Your Content and for our use of it under these Terms.

We may create aggregated or de-identified information from use of the Service — such as usage statistics or corrected business and property records — and use it for any lawful purpose, provided it does not identify you, your organization or any individual.

If you send us ideas or feedback, we may use them freely without paying you or owing you anything.

Some features require a paid plan. If you buy one, you agree to pay the fees shown at purchase or in your order, plus applicable taxes. Unless stated otherwise:

• fees are charged in advance, in U.S. dollars, to the payment method you provide, using our third-party payment processor;
• subscriptions renew automatically for the same term until you cancel, and you can cancel at any time effective at the end of the current term;
• fees are non-refundable except where the law requires otherwise or we agree in writing;
• third-party usage charges in Coconut CRM — such as phone numbers, text messages, calls, email sending, and carrier or registration fees — may be billed separately; and
• we may change prices for future terms with at least 30 days’ notice. If payment fails, we may suspend paid features until it is resolved.

The Service — including its software, design, text, graphics, maps, compilations of data, and the Coconut Wireless, Coconut CRM and Aloha AI names and logos — belongs to Aloha AI and our licensors and is protected by intellectual property laws. These Terms do not give you any rights in it except the limited license in Your license to use the Service. Do not use our names or logos without our written permission.

Our Privacy Policy explains how we collect, use and share personal information, including the business contact information in the Service and the information connected to our text messages. When we process personal information in Your Content on your behalf, we do so as your service provider. You are responsible for having a lawful basis for it, giving any notices required to the people in it, and responding to their requests to access, correct or delete it; we will help where we reasonably can.

You may stop using the Service at any time, and organization owners can ask us to close their organization’s account by emailing support@alohaaiconsulting.ai. We may suspend or end your access, with or without notice, if you breach these Terms, fail to pay, create risk or legal exposure for us, our providers or others, or if we stop offering the Service.

When access ends, your license ends and you must stop using the Service and its data. For 30 days after an organization’s account is closed (other than for a breach), its owner may ask us for an export of Your Content that the Service holds; after that we may delete it as described in the Privacy Policy. Sections that by their nature should survive — including ownership, fees owed, disclaimers, limits of liability, indemnity and dispute resolution — survive termination.

The Service and all data and content in it are provided “as is” and “as available.” To the fullest extent the law allows, Aloha AI and its licensors and providers disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy and quiet enjoyment, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, secure or error-free, that data will be accurate or complete, that messages will be delivered, or that any registration will be approved.

To the fullest extent the law allows, Aloha AI and its members, managers, employees, licensors and providers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, business, goodwill or data, arising out of or related to the Service or these Terms, even if advised of the possibility. Our total liability for all claims arising out of or related to the Service or these Terms will not exceed the greater of (a) the amounts you paid us for the Service in the 12 months before the event giving rise to the claim and (b) one hundred U.S. dollars (US$100).

Some jurisdictions do not allow certain of these limits, so they apply to you only to the extent the law permits.

You will defend, indemnify and hold harmless Aloha AI and its members, managers, employees, licensors and providers from any claims, losses, damages, fines, penalties, costs and expenses (including reasonable attorneys’ fees) arising out of or related to: Your Content; your messages, calls and outreach, including any claim under the TCPA, CAN-SPAM or similar laws; your use of data from the Service; your breach of these Terms; or your violation of any law or third-party right.

We may update these Terms from time to time. We will post the new version on this page and update the date at the top. If a change is material, we will also give reasonable notice, for example by email or in the Service, before it takes effect. By continuing to use the Service after the new Terms take effect, you accept them. If you do not agree, stop using the Service.

These Terms are governed by the laws of the State of California and applicable U.S. federal law, without regard to conflict-of-law rules. Subject to the arbitration agreement below, you and we agree to the exclusive jurisdiction of the state and federal courts located in San Diego County, California.

Talk to us first. Before starting any formal proceeding, send a written notice describing the dispute and the relief you want to support@alohaaiconsulting.ai. We will try in good faith to resolve it with you informally for 30 days.

Binding arbitration. If we cannot resolve it, any dispute, claim or controversy arising out of or relating to the Service or these Terms will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, in San Diego County, California (or by video conference if both sides agree). Judgment on the award may be entered in any court with jurisdiction.

Exceptions. Either side may bring an individual claim in small claims court, and either side may ask a court for an injunction to protect its intellectual property or to stop unauthorized access to or use of the Service or its data.

No class actions. Disputes will be resolved only on an individual basis. Neither you nor we may bring or take part in a class, collective, consolidated or representative action or arbitration. If this class-action waiver is found unenforceable for a claim, that claim must be decided in court, not arbitration.

Opting out. You can opt out of this arbitration agreement by emailing support@alohaaiconsulting.ai within 30 days after you first accept these Terms, with your name, your organization and a statement that you opt out of arbitration.

• Entire agreement. These Terms, the Privacy Policy and any order or plan you accept are the whole agreement between you and us about the Service. If an order conflicts with these Terms, the order controls for that order only.
• Assignment. You may not transfer these Terms without our written consent. We may transfer them in connection with a merger, acquisition or sale of assets, or to an affiliate.
• Severability and waiver. If any part of these Terms is unenforceable, the rest stays in effect. Not enforcing a provision is not a waiver of it.
• Events beyond our control. We are not responsible for delays or failures caused by events beyond our reasonable control, including failures of carriers, networks or third-party providers.
• Electronic notices. You agree that we may give you notices and agreements electronically, by email to your account address or in the Service, and that they satisfy any legal requirement that they be in writing.
• Relationship. You and we are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship.
• Export and sanctions. You will not use the Service in violation of U.S. export controls or sanctions laws.

Questions about these Terms? Email support@alohaaiconsulting.ai. Aloha AI Consulting LLC is a California limited liability company that operates Coconut Wireless and Coconut CRM at coconutwireless.alohaaiconsulting.ai.