Terms of Service

1. Acceptance of Terms

By accessing and using HOA By Owners ("Service", "Platform", "we", "us", or "our"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

2. Description of Service

HOA By Owners is a cloud-based software platform designed to help Homeowners' Associations (HOAs) manage their communities. Our services include but are not limited to:

• Member management and communication
• Document storage and management
• Financial tracking and reporting
• Maintenance request management
• Voting and survey tools
• Payment processing
• Message boards and community communication

3. User Accounts and Registration

3.1 Account Creation

To use our Service, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials.

3.2 Account Security

You are responsible for all activities that occur under your account. You agree to:

• Maintain the security of your password
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities under your account

3.3 User Roles and Permissions

Different user roles (Board Members, Property Managers, Homeowners) have different access levels and permissions. You agree to use the Service only in accordance with your assigned role and permissions.

4. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Transmit any harmful, offensive, or illegal content
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the Service or servers
• Use the Service for any commercial purpose not authorized by us
• Impersonate any person or entity
• Collect or store personal data about other users without authorization

5. HOA Data and Content

5.1 Ownership

You retain ownership of all data and content you upload to the Service ("Your Content"). By uploading content, you grant us a license to use, store, and process Your Content solely for the purpose of providing the Service.

5.2 Data Security

We implement industry-standard security measures to protect your data. However, you acknowledge that no method of transmission over the Internet is 100% secure.

5.3 Data Backup

While we maintain regular backups, you are responsible for maintaining your own backups of critical data.

6. Payment Terms

6.1 Subscription Fees

Access to the Service requires payment of subscription fees as specified in our pricing plans. Fees are billed monthly or annually based on your selected plan.

6.2 Payment Processing

Payments are processed through secure third-party payment processors. You agree to provide accurate payment information and authorize us to charge your payment method.

6.3 Refunds

Subscription fees are generally non-refundable. Refund requests will be considered on a case-by-case basis at our discretion.

6.4 Price Changes

We reserve the right to modify our pricing with 30 days' notice to existing customers.

7. Intellectual Property

The Service, including its original content, features, and functionality, is owned by HOA By Owners and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

8. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy. Please review our Privacy Policy to understand our practices regarding the collection and use of your information.

We Never Sell Your Information: HOA By Owners does not sell, rent, lease, or trade your personal information or HOA data to third parties for any purpose. Your information remains private and confidential, and is used solely to provide and improve our services.

We are committed to maintaining the privacy and security of your data. All information is encrypted and stored securely, and access is restricted to authorized personnel only.

9. Service Availability

9.1 Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be unavailable due to maintenance, updates, or circumstances beyond our control.

9.2 Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice.

10. Termination

10.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in your settings.

10.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice, if you breach these Terms of Service or engage in any fraudulent, illegal, or harmful activity.

10.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. We may delete your account and data after a reasonable retention period.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOA BY OWNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE SERVICE.

13. Indemnification

You agree to indemnify and hold harmless HOA By Owners, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of your use of the Service, violation of these Terms, or infringement of any rights of another.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through the Service. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

16. Contact Information

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and HOA By Owners regarding the use of the Service.