Here’s the updated Terms of Service. I kept everything from the original and added the relevant sections for toll-free number verification (SMS consent, privacy/data handling, intellectual property, confidentiality, disclaimers, liability, and indemnification):

Terms of Service — Aloha Tiny Hales LLC

Thank you for choosing Aloha Tiny Hales LLC (“Aloha Tiny Hales,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the Aloha Tiny Hales website (alohatinyhales.com), any products or services purchased through it, and any related materials, social media platforms, software, or applications (collectively, the “Services”). By accessing this site, placing an order, or using any part of our Services, you agree to these terms in full. Aloha Tiny Hales is based in Wailuku, Hawaii and serves customers across the United States.

1. Acceptance of Terms

1.1 These Terms constitute a legally binding agreement between you (“Client,” “Buyer,” “you,” or “your”) and Aloha Tiny Hales LLC. By accessing or using our Services in any way, you accept and agree to be bound by these Terms. If you do not agree to all of the Terms, you may not access or use our Services.

1.2 You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are accessing or using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Custom & Made-to-Order Products

All tiny homes, trailers, and structures offered by Aloha Tiny Hales are custom-built and made to order based on your selected layout, dimensions, and finish preferences. Because each unit is built specifically for the buyer, production begins upon receipt of your deposit or payment.

3. No Refund Policy

All sales are final. Due to the custom and made-to-order nature of our products, we do not offer refunds once a deposit or payment has been submitted. This applies to deposits, partial payments, and payments made in full. By completing a purchase or submitting a deposit, you acknowledge that you have read and agreed to this no-refund policy.

If you have a concern about your order, please contact us directly at alohatinyhales@gmail.com and we will do our best to work with you toward a resolution.

4. Chargeback Policy

By making a payment to Aloha Tiny Hales, you expressly agree not to initiate a chargeback or payment dispute with your bank or credit card provider. All purchases are final and intentional chargebacks will be contested. Aloha Tiny Hales reserves the right to pursue recovery of any disputed funds, including applicable fees.

5. Limited Warranty

Aloha Tiny Hales stands behind the quality of its craftsmanship. Our limited warranty covers structural defects in materials and workmanship for a period of [insert duration, e.g. 90 days / 1 year] from the date of delivery. This warranty does not cover damage caused by improper use, weather, modifications made by the buyer, or normal wear and tear. Warranty claims must be submitted in writing to alohatinyhales@gmail.com.

6. Delivery & Lead Times

Estimated delivery timelines are provided as a general guide and may vary depending on your model, customization choices, and production schedule. Aloha Tiny Hales is not liable for delays caused by material shortages, weather, or other circumstances outside our control. You will be kept informed throughout the build process.

7. Buyer Responsibilities

It is the buyer’s responsibility to verify that local zoning laws, permits, and land regulations allow for the placement of a tiny home or trailer structure on their intended property. Aloha Tiny Hales does not provide legal or zoning advice and is not responsible for compliance with local ordinances.

8. Consent to Receive Marketing and Informational Communications

By filling out our form or otherwise providing your contact information, you consent to receive occasional marketing and informational text messages and emails from Aloha Tiny Hales LLC in accordance with our Privacy Policy. Message and data rates may apply. You may reply “STOP” at any time to opt out or text “HELP” to +1 (877) 899-5947 for assistance. For more details, please refer to our Privacy Policy.

9. Scope of Services & No Guaranteed Results

In addition to our custom-built products, Aloha Tiny Hales may provide consultation, design guidance, and related advisory services. While we will use our best efforts to achieve agreed-upon objectives, we do not guarantee any specific results. As part of our Services, we may integrate or recommend third-party products or services. We do not endorse or control these third-party services, and your use of them is subject to their respective terms and conditions.

10. Client Obligations

You agree to cooperate with Aloha Tiny Hales by providing timely feedback, approvals, materials, and information reasonably requested to perform our Services. You represent and warrant that all content, materials, or information you provide are accurate and do not infringe any third-party rights or violate any law or regulation. You agree to abide by all applicable local, state, national, and international laws and regulations related to your use of our Services.

11. Intellectual Property

All content, trademarks, service marks, and other materials displayed on or accessible through the Services are the property of Aloha Tiny Hales or its licensors and are protected by U.S. and international intellectual property laws. You may not copy, reproduce, distribute, modify, or create derivative works from any materials belonging to Aloha Tiny Hales without our express written permission. Any content or materials provided by you to Aloha Tiny Hales remain your property. You grant Aloha Tiny Hales a non-exclusive, worldwide, royalty-free license to use, reproduce, and modify such materials solely for the purpose of providing the Services. Any feedback, suggestions, or ideas you provide to Aloha Tiny Hales regarding the Services will be the exclusive property of Aloha Tiny Hales.

12. Confidentiality

“Confidential Information” means any non-public information disclosed by one party to the other that is marked or identified as confidential or should reasonably be understood as confidential. The receiving party shall not disclose or use any Confidential Information for any purpose other than providing or receiving the Services. This obligation continues even after termination or expiration of these Terms.

13. Fees and Payment

In consideration for the Services, you agree to pay all fees agreed upon between you and Aloha Tiny Hales. Payments are due as stated in any invoice or separate agreement. If you fail to make a payment when due, Aloha Tiny Hales reserves the right to suspend or terminate the Services. You shall be responsible for all costs of collection, including reasonable attorneys’ fees. All fees are exclusive of any applicable taxes, which are your responsibility.

14. Term and Termination

These Terms shall remain in effect for as long as you use or access the Services or until terminated. You may terminate Services by providing written notice, subject to any conditions specified in a separate agreement. Aloha Tiny Hales may terminate or suspend your access at any time if we believe you have breached these Terms, engaged in fraudulent or illegal activities, or for any other reason in our sole discretion. Upon termination, your right to use the Services ceases immediately. Provisions that by their nature should survive termination (including confidentiality, intellectual property, limitation of liability, and indemnification) will remain in effect.

15. Disclaimers

The Services are provided “as is” and “as available.” Aloha Tiny Hales disclaims all warranties, express or implied, including any warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or completely secure. Any use of third-party content or links to third-party websites is at your own risk.

16. Limitation of Liability

To the fullest extent permitted by law, Aloha Tiny Hales, its officers, directors, employees, or agents will not be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of business, or loss of data, even if advised of the possibility of such damages. Aloha Tiny Hales’ total liability for any claim arising out of or relating to these Terms or our Services will not exceed the amount you paid to Aloha Tiny Hales for the Services in the three months preceding the claim.

17. Indemnification

You agree to indemnify, defend, and hold harmless Aloha Tiny Hales, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your breach of these Terms, your violation of any law or regulation, your infringement of any third-party right, and any disputes with third parties arising out of your use of the Services.

18. Governing Law

These terms are governed by the laws of the State of Hawaii. Any disputes arising from a purchase or use of this website shall be resolved under Hawaii jurisdiction.

19. Changes to These Terms

Aloha Tiny Hales reserves the right to update these terms at any time. Changes will be posted on this page with an updated date. Continued use of the site after changes constitutes acceptance of the updated terms.

20. Miscellaneous

These Terms, together with any separate agreements or statements of work, constitute the entire agreement between you and Aloha Tiny Hales regarding the subject matter hereof. If any provision is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of either party to enforce any right or provision will not be deemed a waiver. You may not assign or transfer these Terms without our prior written consent. Aloha Tiny Hales shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, terrorism, riots, fire, floods, accidents, or strikes.

21. Contact

For questions about these terms, reach out to us at:

Aloha Tiny Hales
Wailuku, HI 96793
alohatinyhales.com