Founder Pilot Terms

These terms govern access to the Kwakkwak founder-pilot service offered by OCHO LLC d/b/a Kwakkwak. These terms, the Privacy Policy, any signed pilot order, and any applicable data-processing or connection authorization form make up the agreement for the pilot.

Applying does not create an account, guarantee acceptance, or authorize a charge. If an accepted order form conflicts with these terms, the order form controls for that pilot.

The current offer is a one-time $499, 30-day validation pilot. It may include an owner-authorized Square connection for analytics and limited customer-group management, fallback assisted file staging, analysis of customer and visit history, recovery opportunity estimates, owner-reviewed worklists, and outcome tracking. It does not automatically renew. Any continued or recurring service requires observed value, a separate offer, and mutual agreement.

The pilot is invite and demo only. Features may be incomplete, changed, suspended, or removed. Estimates, sample metrics, draft messages, audience classifications, and recommendations are not guaranteed revenue or business results.

The shop controls the customer data it provides. Kwakkwak processes that data on the shop's instructions to deliver the pilot, subject to these terms and the Privacy Policy. The shop represents that it has authority to provide the data, instruct the processing, and use the resulting analysis.

Customer data may include names, contact details, external customer IDs, appointment and purchase history, service history, revenue, consent evidence, suppression records, source metadata, and owner notes. A phone number, customer export, or business relationship alone does not establish permission for marketing SMS.

The Kwakkwak Pilot SMS program sends low-volume messages only to direct Kwakkwak users and invited pilot testers who enroll themselves at the public SMS enrollment page. Messages may include requested test confirmations, pilot or account updates, support replies, and product-feedback requests. Consent is not a condition of purchase. Message frequency varies and remains low. Message and data rates may apply. Reply STOP to opt out or HELP for help, or email contact@kwakkwak.app. Carriers are not liable for delayed or undelivered messages.

Any client-customer Twilio workflow requires retained evidence that the recipient opted into that specific shop's SMS messaging for the relevant subject matter, no later opt-out or suppression, a registered shop Brand, Campaign, and sender, owner approval, and every runtime gate.

Any shop email campaign requires a permission-supported audience, current suppressions, owner approval of the exact audience and message, sender identification, a valid postal address, an unsubscribe method, and applicable delivery and complaint controls. An email address or customer relationship alone does not establish permission for every marketing use.

The shop is responsible for the legality, accuracy, scope, and retention of consent evidence; honoring STOP and other opt-outs; sender identification; required disclosures; message content; quiet hours; and applicable law and carrier rules. Owner attestation supports classification and responsibility but never creates customer consent. Kwakkwak may block or suppress any outreach for legal, carrier, security, quality, or policy reasons.

Twilio's Messaging Policy requires consent and proof appropriate to the sender and message subject and requires an accessible opt-out path. It is the operating baseline for Twilio work, not a certification of Kwakkwak. Our Privacy Policy explains how mobile information is handled.

You may not use the service to send unlawful, deceptive, abusive, discriminatory, harassing, or unsolicited communications; upload data you lack authority to use; evade suppression or consent controls; introduce malware; probe or interfere with the service; access another shop's data; reverse engineer protected portions of the service; or use outputs as instructions to violate law or platform rules.

Kwakkwak may use Supabase for database, storage, and authentication; Vercel for hosting; Stripe for an approved payment flow; Twilio for separately approved shop-owned messaging; Amazon SES for separately approved shop email delivery and engagement events; and Square when a shop owner authorizes analytics access and limited customer-group management. Kwakkwak does not send Square Marketing campaigns. Third-party services have their own terms, availability, and security responsibilities. Authorizing operational data or group management does not establish SMS marketing consent.

Vendor materials include the Supabase DPA, Vercel DPA, and Stripe Services Agreement.

Each party will use reasonable care to protect non-public information. Kwakkwak uses organization-scoped access controls and private staging for approved imports, but no system is completely secure. You must protect credentials, limit access to authorized personnel, and promptly report suspected misuse.

You retain ownership of your data. Kwakkwak retains its software, methods, interfaces, and service materials. You grant Kwakkwak the limited rights needed to process submitted data and feedback for the pilot. Kwakkwak will not publish your name, logo, results, or case study without separate permission.

Either party may end the pilot as stated in the accepted order. Kwakkwak may immediately restrict access for security concerns, suspected unlawful use, consent or suppression failures, nonpayment, risk to another tenant, or material breach. Upon termination, data handling follows the Privacy Policy and any applicable order.

The pilot is provided on an as-is and as-available basis to the extent permitted by law. Kwakkwak does not warrant uninterrupted operation, exact analysis, regulatory compliance, deliverability, or revenue recovery. The shop remains responsible for business, legal, and outreach decisions.

Any warranty exclusions, liability limits, indemnities, dispute terms, governing law, and refund terms must be finalized in the identified contracting entity's counsel-reviewed order before payment. Nothing here excludes rights or liabilities that cannot lawfully be excluded.

Kwakkwak is not a law firm, and the service does not provide legal advice or regulatory certification. Counsel review of the final Terms, Privacy Policy, data-processing terms, consent model, sender registration, and campaign authorization is required before client-customer production SMS.

Questions: contact@kwakkwak.app.