Refund, Return, and Service Terms

This document constitutes the binding refund, return, and service terms governing your purchase of a Report from Provider. It is published online and presented to you for affirmative acceptance prior to checkout in compliance with Hawaii Revised Statutes ("HRS") § 481B-5.5.

1. Definitions

1.1. "Report" means a single, custom, automatically-generated digital deliverable produced from an inspection report PDF submitted by Customer, consisting of: (a) a list of deficiencies extracted from Customer's submitted inspection PDF; (b) Hawaii (Honolulu County) general labor cost ranges associated with those deficiencies; (c) a curated list of Hawaii-licensed contractors by trade; and (d) items flagged as requiring further evaluation by a licensed professional.

1.2. "Purchase" means the act of completing payment for a Report through Provider's designated payment processor (currently Stripe, Inc.).

1.3. "Submitted PDF" means the inspection report PDF that Customer uploads through Provider's intake form prior to Purchase.

1.4. "Service Failure" has the meaning set forth in Section 5.

2. ALL SALES FINAL

ALL SALES ARE FINAL. NO RETURNS FOR REFUNDS, MERCHANDISE CREDITS, OR EXCHANGES except where required by law.

The foregoing language is published pursuant to and in the form prescribed by HRS § 481B-5.5(d). This term is presented to you conspicuously and prior to Purchase, in compliance with HRS § 481B-5.5(b).

By proceeding to Purchase, Customer acknowledges and accepts that no refund, return, credit, exchange, cancellation, or other monetary recovery will be available for any Report once Purchase has been completed, regardless of whether the Report has been opened, downloaded, viewed, forwarded, used, relied upon in a real estate transaction, or otherwise. This term applies without exception, subject only to: (i) the limited Service Failure recovery in Section 5; (ii) the non-waivable statutory rights preserved in Section 16; and (iii) any reversal initiated unilaterally by Customer's card network or by Provider's payment processor pursuant to Section 7.

3. Specially-Ordered, Custom Digital Service

Each Report is a custom, specially-ordered digital deliverable produced individually from Customer's Submitted PDF and is not held in inventory, stocked for resale, or capable of resale to any other party. This Section 3 constitutes Provider's notice of and Customer's written acknowledgment that the Report is excluded from any general right of return pursuant to HRS § 481B-5.5(g)(2), governing "custom or specially ordered goods."

Customer expressly acknowledges that:

(a) The Report is generated on-demand at the moment of Purchase using automated and AI-assisted processing of Customer's Submitted PDF;

(b) Real, non-recoverable processing costs (third-party API consumption, compute, software licensing, and infrastructure) are incurred at the moment of generation, before Customer receives the Report;

(c) The Report is unique to Customer and the specific Submitted PDF, has no resale value, and cannot be returned, reclaimed, or unsold once delivered;

(d) Delivery occurs within minutes of Purchase, eliminating any meaningful pre-delivery cancellation window;

(e) Customer has had the opportunity to review the description of the Report in Section 4 prior to Purchase and is satisfied that the Report meets Customer's informational needs.

4. Scope of Service; What You Are and Are Not Purchasing

4.1. What is included. Each Report contains only the components enumerated in Section 1.1. The Report is provided strictly as an informational estimate assessment based on (i) the contents of Customer's Submitted PDF and (ii) general Honolulu County labor cost data.

4.2. What is NOT included. The Report does not constitute, and Customer is not purchasing:

(a) A contractor bid, quote, proposal, or binding price commitment;

(b) An inspection, re-inspection, or independent verification of property condition;

(c) Professional advice from a licensed home inspector, general contractor, structural engineer, attorney, accountant, real estate broker, or any other licensed professional;

(d) A warranty, guarantee, or representation regarding the condition, value, safety, habitability, or marketability of any property;

(e) Negotiation services, transactional advice, deal strategy, or representation in any real estate transaction;

(f) Any subscription, recurring service, follow-on consultation, revision, second opinion, or update to the Report;

(g) Any service relating to a property outside of Honolulu County, Hawaii, except where Provider has expressly agreed in writing to expand coverage;

(h) Inclusion of materials, permits, Hawaii General Excise Tax pass-through, contractor markup, urgency premiums, or any other cost outside of general labor.

4.3. Use of contractor list. The contractor list included in the Report is informational only. Provider has no financial relationship, referral arrangement, joint venture, or other business arrangement with any listed contractor unless expressly disclosed. Customer is responsible for independently verifying contractor licensure, insurance, references, and fit for Customer's specific project.

5. Limited Service Failure Recovery (Not a Refund)

5.1. Definition of Service Failure. A "Service Failure" means a verified, Provider-side technical failure that prevents Customer from receiving a substantially complete and readable Report after Purchase has cleared. Service Failures include only:

(a) Non-delivery of the Report email within forty-eight (48) hours of successful Purchase, where the failure is attributable to Provider's systems and not to Customer's email provider, spam filtering, mailbox capacity, or incorrect email address provided at intake;

(b) Delivery of a Report file that is empty, corrupted at the file level, or unreadable through standard PDF viewers; or

(c) Delivery of a Report that is materially non-responsive to the Submitted PDF due to a verifiable processing error on Provider's side.

5.2. Exclusions from Service Failure. A Service Failure expressly does NOT include:

(a) Disagreement with the price ranges, classifications, severity assignments, contractor recommendations, or any analytical content of the Report;

(b) A subsequent contractor quote that differs from the Report's estimated range;

(c) The Submitted PDF being incomplete, unreadable, of poor quality, in an unsupported format, or otherwise deficient (Customer bears responsibility for the quality and adequacy of the Submitted PDF);

(d) Customer's failure to use or rely on the Report;

(e) A property condition not addressed in the Submitted PDF;

(f) Any change in Customer's circumstances after Purchase.

5.3. Recovery procedure and remedy. To invoke Service Failure recovery, Customer must notify Provider in writing at ops@opshawaii.com within seven (7) days of Purchase, including (i) the transaction reference number, (ii) the date of Purchase, and (iii) a description of the alleged failure. Provider will investigate and, in Provider's sole and reasonable discretion, provide one of the following remedies: (x) re-processing and re-delivery of the Report from the original Submitted PDF; or (y) a single replacement Report generated from a re-submitted PDF, at no additional charge. These remedies are the sole and exclusive remedies available for any Service Failure and do not entitle Customer to a refund, partial refund, or any monetary recovery.

6. Customer Representations and Warranties

By proceeding to Purchase, Customer represents, warrants, and covenants that:

(a) Customer is at least eighteen (18) years of age and has full legal capacity to enter into this agreement;

(b) The Submitted PDF is authentic, complete, unaltered, and accurately represents the inspection it purports to document;

(c) Customer has the lawful right to submit the inspection PDF and to use the resulting Report for Customer's stated purpose;

(d) Customer understands that Report quality depends materially on the completeness and quality of the Submitted PDF;

(e) Customer understands the limitations described in Section 4.2 and is purchasing the Report with full knowledge of what it does and does not include;

(f) The contact and payment information Customer provides is accurate and complete;

(g) Customer has read, understood, and agreed to be bound by these terms.

7. Chargebacks; Cardholder Disputes

7.1. Pre-dispute notice required. Customer agrees to contact Provider in writing at ops@opshawaii.com and attempt good-faith resolution before initiating any payment dispute, chargeback, or reversal with Customer's card issuer or Provider's payment processor. Provider commits to responding to good-faith service inquiries within three (3) business days.

7.2. Acknowledgment of cardholder rights. Nothing in this agreement waives or purports to waive Customer's non-waivable statutory or contractual rights to dispute a charge with Customer's card issuer under applicable card network rules or the federal Fair Credit Billing Act, 15 U.S.C. § 1666 et seq. Customer acknowledges, however, that:

(a) Initiating a chargeback for a Report that was, in fact, delivered constitutes a breach of this agreement and may constitute a deceptive act under HRS § 480-2;

(b) Provider reserves the right to (i) report such chargebacks to its payment processor and applicable fraud-prevention services; (ii) permanently refuse to provide further services to Customer; (iii) recover the disputed amount plus all chargeback fees, payment-processor dispute fees, and reasonable attorney's fees and collection costs through legal action; and (iv) submit compelling evidence to the card issuer including, but not limited to, intake form acknowledgments, delivery logs, IP and device records, and the executed Report.

7.3. Payment-processor independent action. Customer acknowledges that Provider's payment processor may, in its sole discretion and pursuant to its own terms of service, issue a refund or reverse a transaction independently of Provider's wishes or this policy. Customer further acknowledges that any such processor-initiated reversal does not constitute Provider's consent to a refund or any admission of liability.

8. Disclaimer of Warranties

8.1. THE REPORT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND.

8.2. TO THE MAXIMUM EXTENT PERMITTED BY HAWAII LAW, PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (A) THE IMPLIED WARRANTY OF MERCHANTABILITY; (B) THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) ANY WARRANTY OF ACCURACY, COMPLETENESS, OR RELIABILITY; (D) ANY WARRANTY OF NON-INFRINGEMENT; AND (E) ANY WARRANTY ARISING FROM COURSE OF DEALING OR TRADE USAGE.

8.3. PROVIDER MAKES NO REPRESENTATION OR WARRANTY THAT THE REPORT WILL BE ACCEPTED BY, RELIED UPON BY, OR USEFUL TO ANY LENDER, INSURER, COUNTERPARTY, CONTRACTOR, INSPECTOR, COURT, ARBITRATOR, OR REGULATORY AUTHORITY.

9. Limitation of Liability

9.1. TO THE MAXIMUM EXTENT PERMITTED BY HAWAII LAW, PROVIDER'S TOTAL AGGREGATE LIABILITY TO CUSTOMER ARISING FROM OR RELATING TO A REPORT, REGARDLESS OF THE FORM OF ACTION (CONTRACT, TORT, STATUTE, OR OTHERWISE), SHALL NOT EXCEED THE AMOUNT CUSTOMER ACTUALLY PAID FOR THE SPECIFIC REPORT GIVING RISE TO THE CLAIM.

9.2. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION: LOST PROFITS, LOST OPPORTUNITY, LOSS OF GOODWILL, DIMINUTION IN PROPERTY VALUE, COST OF SUBSTITUTE PROFESSIONAL SERVICES, COST OF ACTUAL REPAIRS, OR LOST REAL ESTATE TRANSACTIONS, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.3. The limitations and exclusions in this Section 9 apply (i) regardless of whether any remedy provided in this agreement fails of its essential purpose, and (ii) to the maximum extent permitted by Hawaii law, even where such limitations might otherwise be unenforceable.

10. Indemnification

Customer agrees to indemnify, defend, and hold harmless Provider, its members, managers, employees, contractors, and agents from and against any third-party claim, demand, loss, liability, damage, or expense (including reasonable attorney's fees) arising from or related to: (a) Customer's breach of any representation, warranty, or covenant in this agreement; (b) Customer's submission of an inspection PDF Customer was not authorized to submit; (c) Customer's use of, or reliance upon, the Report; or (d) Customer's dissemination of the Report to any third party.

11. Pre-Dispute Notice; Informal Resolution

Before initiating any formal legal proceeding arising from or related to a Report (other than a small-claims action under Section 12.4), Customer agrees to first provide Provider with written notice of the dispute at ops@opshawaii.com, including a description of the claim and the specific relief sought, and to engage in good-faith negotiation with Provider for at least thirty (30) days from the date of such notice. This Section 11 is a condition precedent to formal legal action.

12. Binding Arbitration; Class Action Waiver; Small-Claims Carve-Out

12.1. Mutual agreement to arbitrate. Subject to Section 12.4, any dispute, claim, or controversy arising out of or relating to a Report or this agreement that cannot be resolved through the informal process in Section 11 shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in Honolulu, Hawaii, by a single arbitrator, in the English language. Judgment on the award may be entered in any court of competent jurisdiction.

12.2. Class action waiver. Customer and Provider each waive any right to bring or participate in any class, collective, consolidated, or representative action. The arbitrator may not consolidate claims or preside over any form of representative or class proceeding. If this Section 12.2 is found unenforceable, the entire Section 12 is null and void, and the parties' disputes shall be resolved exclusively in the courts identified in Section 13.2.

12.3. Costs. Each party shall bear its own attorney's fees, except that Provider shall pay any AAA filing fees and arbitrator compensation that exceed what Customer would have paid in court, to the extent required by the AAA Consumer Rules.

12.4. Small-claims carve-out. Notwithstanding Section 12.1, either party may bring an individual claim in the small-claims division of the District Court of the First Circuit of Hawaii so long as the action remains in such court and on an individual (non-class) basis.

13. Governing Law; Venue

13.1. Governing law. This agreement and any dispute arising hereunder shall be governed by, and construed in accordance with, the laws of the State of Hawaii, without regard to its conflict-of-laws principles. The federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of Section 12.

13.2. Venue for non-arbitrable matters. For any dispute not subject to arbitration under Section 12, the parties consent to exclusive personal and subject-matter jurisdiction and venue in the state and federal courts located in Honolulu, Hawaii.

14. Tax Treatment

The published price of the Report ($150) is inclusive of Provider's Hawaii General Excise Tax (HRS Chapter 237) obligation. No additional GET will be added at checkout. This Section is informational only; Provider remains the party responsible for remitting GET to the State of Hawaii.

15. AI-Assisted Generation Notice

Customer acknowledges that the Report is generated through automated and AI-assisted processing of the Submitted PDF. This notice is provided in the spirit of transparency consistent with developing Hawaii public policy on artificial intelligence disclosure. Provider does not represent that the Report has been individually reviewed by a human prior to delivery.

16. Non-Waivable Statutory Rights; Severability

16.1. Statutory rights preserved. Nothing in this agreement waives, limits, or purports to waive any right Customer may have under applicable consumer-protection law that, as a matter of law, cannot be waived by contract, including without limitation: (a) HRS Chapter 480 (Unfair and Deceptive Trade Practices); (b) HRS Chapter 481A (Uniform Deceptive Trade Practices Act); (c) HRS Chapter 481B (Unfair and Deceptive Practices); and (d) the federal Fair Credit Billing Act and applicable card network cardholder protections.

16.2. Severability. If any provision of this agreement is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to render it valid and enforceable consistent with the parties' intent.

17. Force Majeure

Provider shall not be liable for any failure or delay in performance arising from causes beyond its reasonable control, including without limitation: acts of God, natural disasters affecting the Hawaiian Islands (hurricane, earthquake, tsunami, volcanic activity), pandemic, war, terrorism, civil unrest, governmental action, third-party API outages (Anthropic, Stripe, Google, PDFShift, or successor providers), internet or power infrastructure failures, or labor disputes. During a force majeure event, the period for performance shall be extended for the duration of the event.

18. Notices; Communication

Notices to Provider shall be sent to ops@opshawaii.com. Notices to Customer shall be sent to the email address Customer provided at intake. Notices are deemed delivered upon transmission, provided no bounce or delivery failure is received.

19. Changes to This Agreement

Provider may update these terms from time to time. Material changes will be posted at the URL where these terms are published and will be effective for Purchases completed on or after the new effective date. Each Purchase is governed by the version of these terms in effect at the time of that Purchase. Provider will retain prior versions for at least four (4) years to match the limitations period under HRS Chapter 480.

20. Entire Agreement; No Third-Party Beneficiaries; Assignment; Survival

20.1. Entire agreement. This document, together with any intake form acknowledgment and payment-processor receipt, constitutes the entire agreement between the parties with respect to the Report and supersedes all prior or contemporaneous communications, whether oral or written.

20.2. No third-party beneficiaries. This agreement is for the benefit of Customer and Provider only and creates no rights in any third party (including any listed contractor or any party to a real estate transaction in which the Report may be used).

20.3. Assignment. Customer may not assign or transfer this agreement or the Report without Provider's prior written consent. Provider may assign this agreement to a successor in connection with a merger, sale, or reorganization.

20.4. Survival. Sections 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 20 survive termination or completion of this agreement.

21. Acceptance

By clicking "Pay" (or any equivalent affirmative action at checkout), Customer represents and warrants that Customer has read, understood, and agreed to be bound by this Refund, Return, and Service Terms agreement in its entirety, including the "All Sales Final" provision in Section 2, the arbitration and class-action waiver in Section 12, and the limitation of liability in Section 9.

If Customer does not agree to any provision, Customer must not complete Purchase.

Questions, notices, or pre-dispute communications: ops@opshawaii.com Provider: Ohana Property Solutions LLC, doing business as Akamai Support Services Honolulu, Hawaii