Terms of Service

1About these Terms

These Terms of Service (“Terms”) are an agreement between you and HOAhx (“we” or “us”) about the HOAhx Home Experience Platform, its apps, and our website (together, the “Services”).

Who’s who

• Association: the homeowners association, condominium association, or other community organization that subscribes to HOAhx.
• Management company: a company that manages communities on behalf of associations.
• Administrators: the board members, committee members, managers, and staff an association authorizes to run its community in HOAhx.
• Account owner: the person who controls an association’s subscription.
• Users: everyone who uses the Services, including homeowners, residents, tenants, household members, administrators, and vendors.
• Community data: the information an association and its users keep in HOAhx, such as records of homes and residents, balances and payments, messages, requests, votes, and documents.

If you accept these Terms for an association or a management company, you confirm that you’re authorized to bind it, and “you” includes it. By creating an account, starting a trial, or using the Services, you agree to these Terms. Our Privacy Policy explains how we handle personal information. If an association has a separate written agreement with HOAhx, that agreement controls where it differs from these Terms.

2Your account

• Who can sign up. You must be at least 18, or the age of majority where you live, to create an account, unless your association lets a younger household member use HOAhx with a parent’s or guardian’s permission. HOAhx isn’t available to children under 13.
• Invitations and verification. Most people join HOAhx through an invitation from their association, management company, or household. Your association may confirm your connection to a home before giving you access.
• Accurate information. Keep your account details accurate and up to date.
• Security. Keep your sign-in details secure, and don’t share your account. Administrators, staff, and financial roles must use multifactor authentication. If you think someone has used your account without permission, tell us right away at hello@hoahx.com. You’re responsible for activity under your account.
• Roles. What you can see and do depends on the roles and permissions your association gives you. A board title alone doesn’t grant every permission.
• When access ends. Your access may end when your association removes you, your role ends, a home is sold, or a lease ends. Your association’s records about the home stay with the association.

3Using HOAhx responsibly

Don’t use the Services to:

• break the law or your community’s governing documents;
• harass, threaten, or discriminate against anyone, including on the basis of any characteristic protected by fair housing or other laws;
• post content that’s unlawful, defamatory, or obscene, or that infringes anyone’s rights;
• share other people’s personal information without permission, including copying the resident directory for use outside HOAhx;
• send spam, or messages people haven’t agreed to receive;
• access accounts, communities, or records you’re not authorized to, or get around security or permissions;
• upload malware, disrupt or overload the Services, or scrape data from them;
• impersonate anyone, or misrepresent your connection to a home or community; or
• copy, reverse engineer, or resell the Services, or use them to build a competing product.

We may remove content or limit access that breaks these rules (Section 11).

4Community data and your content

• Your association owns its community data. You keep any rights you have in the content you create.
• Our permission to use it. You and your association let HOAhx host, store, back up, process, transmit, and display community data as needed to provide, secure, and support the Services, on your association’s instructions and as our Privacy Policy describes.
• De-identified information. We may create aggregated, de-identified information that doesn’t identify any association or person, and use it to run and improve the Services.
• Your right to share it. You confirm you have the right to upload what you upload. Associations confirm they have the right to provide their records, including any notices and consents the law or their governing documents require.
• Who sees it. What you post may be visible to others in your community, according to your association’s roles and your own settings.
• Feedback. If you send us ideas or suggestions, we may use them without any obligation to you.

5Trials and subscriptions

This section applies to associations and management companies.

• Free trial. Every community can try HOAhx free for 30 days, with no payment method required. Nothing is charged when the trial ends: your association chooses whether to subscribe, and everything set up during the trial carries over. We may extend a trial, or end one that’s misused. Trials are provided as they are, without service commitments.
• Subscriptions. Subscriptions are monthly and per community, priced by the community’s number of homes, at the prices on our pricing page or in a written quote. Management companies subscribe each community they manage, at that community’s tier.
• Your number of homes. Keep your community’s number of homes up to date. If it moves into a different tier, your subscription moves to that tier’s price.
• Billing. Subscription fees are billed monthly in advance to the payment method your account owner or billing administrator chooses, and invoices are available in HOAhx. Fees don’t include taxes, which your association pays where they apply.
• Late payment. If a subscription payment fails, we’ll tell your account owner and billing administrator, and the subscription becomes past due. If it’s still unpaid after a grace period, the community may become read-only, and later suspended, until it’s paid. Your account owner can export your records before a community is suspended.
• Price changes. We’ll give at least 30 days’ notice before a price change applies to your community.
• Refunds. Subscription fees aren’t refundable, except where the law requires a refund or we agree to one in writing.
• Cancelling. Your account owner can cancel at any time in HOAhx. The subscription stays active through the end of the month already paid, then ends.
• Subscription roles. The account owner controls the subscription. A billing administrator can manage payment details and invoices, and a backup contact can ask to become the account owner, which we verify before making the change.

6Homeowner payments

• How it works. HOAhx lets associations bill homeowners, and homeowners pay online by bank transfer or card. Payments are processed by our payment processing partner and deposited directly into the association’s own account. HOAhx provides the software. We don’t hold association funds, and we don’t decide what anyone owes.
• Your association’s decisions. Your association sets dues, assessments, late fees, payment plans, and collection policies, and answers questions about amounts owed. Take billing questions and disputes to your association first; we can help it look into a payment’s status.
• Processing fees. A processing fee may apply when you pay online. It’s shown before you confirm, and it’s separate from your association’s subscription.
• Your authorization. When you make a payment, you authorize your association, through our payment processing partner, to charge your card or debit your bank account for the amount and any fee shown, and you confirm you’re allowed to use that account.
• Autopay. If you turn on autopay, you authorize recurring payments of the amounts due on each due date until you turn it off. You’ll see upcoming payments before they’re drawn, and you can change or cancel autopay in HOAhx at any time. A payment that has already started processing may still go through.
• Failed or returned payments. If a payment fails, or is returned or reversed, the amount is still due to your association, and its policies may add a fee. Your bank may also charge you.
• Refunds. Refunds of homeowner payments are made by your association under its rules. Card disputes follow the card network’s rules.
• Payment processing terms. Our payment processing partner may require associations to accept its terms and to verify their identity and bank account before accepting payments.

Apple Pay and Google Pay aren’t available yet.

7Your association’s responsibilities

This section applies to associations, management companies, and administrators. Associations are responsible for:

• the accuracy of the records they import and keep in HOAhx;
• their governing documents, budgets, and decisions, including assessments, violations, fines, architectural decisions, and certified votes;
• following the laws that apply to them, including HOA and condominium laws, fair housing laws, collection and late-fee rules, record-keeping rules, meeting and election rules, and notice and consent requirements for messages;
• getting any consents needed to put residents’ information in HOAhx and to message them;
• managing access promptly: removing it when someone leaves a role, sells a home, or moves out, and reviewing who has access at least once a year; and
• the actions their administrators take in HOAhx.

Management companies confirm that each association they manage has authorized them, and they act within what each board delegates. HOAhx doesn’t provide legal, accounting, tax, or management advice, and isn’t a party to the relationship between an association and its members.

8Messages, votes, documents, and signatures

• Electronic communications. You agree to receive notices from HOAhx and your association electronically, in HOAhx and by email. Some notices may also have to be sent another way, such as by mail, and that’s your association’s responsibility.
• Text messages and push notifications aren’t available yet. When they are, we’ll ask for your consent first, and you’ll be able to opt out.
• Surveys and votes. HOAhx provides tools for surveys and formal votes. Formal voting is turned on only for community rules and setups HOAhx has validated. Your association decides whether an electronic vote is allowed and valid under its governing documents and the law, and it certifies the results. HOAhx keeps secret ballots apart from who voted.
• Electronic signatures. You agree that acknowledgments and basic e-signatures you make in HOAhx are your legally binding signatures, to the extent the law allows. HOAhx records who signed, their intent, the time, the exact version signed, and the signed copy. Some documents may need another kind of signature, such as a notarized one, which HOAhx doesn’t provide.

9HOAhx Copilot and AI features

• Copilot gives information, not advice. It answers from your community’s approved documents and the records you’re allowed to see, with sources, and its answers can be incomplete or wrong. Check the source, and ask your association when it matters.
• Copilot can’t make payments, issue fines, cast votes, change access, or decide applications. People make every decision.
• An administrator must review and approve the suggestions from AI-assisted import mapping, and your association is responsible for the records it approves.
• Don’t use AI features to create unlawful or harmful content.

10Support, availability, and changes

• Support. Help is available in HOAhx and at hello@hoahx.com. Questions about dues, requests, or your account go to your association; HOAhx support handles technical problems with the Services.
• Support access to your data. HOAhx support sees community data only when the community authorizes it, for a recorded reason and scope, and for a set time.
• Availability. We work to keep the Services available and secure, with monitoring and backups, but we can’t promise they’ll be uninterrupted or error-free. When maintenance needs downtime, we’ll try to schedule it at quiet times and tell you ahead.
• Changes. We may add, change, or remove features. We’ll give associations reasonable notice before removing a significant feature they use. Features marked “Coming later” aren’t commitments.

11Suspension and ending service

• Your association can cancel at any time (Section 5).
• We may suspend or limit access to prevent harm, a security risk, or a legal violation; for non-payment (Section 5); or for a breach of these Terms. We’ll tell you when we can.
• We may end a subscription for a material breach that isn’t fixed within 30 days of our notice, or if the law requires it.
• After a subscription ends, the account owner can export the community’s records for 60 days. After that, we delete or de-identify its community data as our Privacy Policy describes, unless the law requires us to keep it.
• Users can stop using HOAhx at any time. Your access ends when your association removes you or its subscription ends.

Any part of these Terms that by its nature should continue after access ends, such as payment obligations, ownership, disclaimers, limits of liability, indemnity, and how disputes are resolved, continues.

12Intellectual property

HOAhx and its licensors own the Services, including the software, designs, and the HOAhx name and logo. Subject to these Terms, we give users a limited, non-exclusive, non-transferable right to use the Services for their community’s purposes while their access lasts. Don’t remove our notices, or copy, modify, or create works based on the Services, except as these Terms allow.

13Third-party services

The Services work with third-party services, such as our payment processing partner and email providers. Their own terms and privacy policies may apply, and we’re not responsible for services we don’t control.

14Disclaimers

The Services are provided “as is” and “as available.” To the extent the law allows, HOAhx disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

HOAhx keeps operational financial records and exports. It isn’t a full general-ledger accounting system, and it doesn’t replace an accountant, an auditor, or an attorney. We don’t guarantee the accuracy of the information associations and users provide, or the outcome of decisions made with it.

15Limitation of liability

To the extent the law allows, HOAhx won’t be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, even if we were told they were possible.

HOAhx’s total liability for all claims relating to the Services is limited to the greater of the subscription fees the association paid HOAhx in the 12 months before the event giving rise to the claim, or $100. These limits don’t apply where the law doesn’t allow them.

16Indemnity

Associations and management companies will defend and indemnify HOAhx against third-party claims arising from their community data, their decisions and actions in HOAhx (such as assessments, fines, violations, collections, and votes), or their breach of these Terms or the law. Users will do the same for claims arising from their own content or their breach of these Terms.

17Disputes and governing law

• Talk to us first. If you have a dispute with HOAhx, email hello@hoahx.com. We’ll try in good faith to resolve it informally within 30 days.
• Governing law. These Terms are governed by the laws of the state where HOAhx is organized and by applicable federal law, without regard to conflict-of-laws rules.
• Where disputes are heard. A dispute that isn’t resolved informally will be heard in the state or federal courts of that state, and you and HOAhx consent to their jurisdiction. Either of us may instead bring a claim in small claims court, where it qualifies.

18Changes to these Terms

We may update these Terms. We’ll post the new version here with a new date, and tell associations and users about significant changes, in HOAhx or by email, at least 30 days before they take effect, unless a change is required by law or concerns a new feature. Continuing to use the Services after a change takes effect means you accept it. If your association doesn’t agree, it can cancel before the change takes effect.

19General terms

• Entire agreement. These Terms, our Privacy Policy, and any written agreement or quote with an association are the whole agreement about the Services.
• Severability and waiver. If part of these Terms can’t be enforced, the rest still applies. Not enforcing a term isn’t a waiver of it.
• Assignment. You may not transfer these Terms without our consent. We may transfer them as part of a merger, an acquisition, or a sale of assets.
• Events beyond our control. We’re not responsible for delays or failures caused by events beyond our reasonable control.
• Notices. We send notices in HOAhx or by email to the address on your account. You can send notices to us at hello@hoahx.com.
• Relationship. HOAhx and its customers are independent contractors, and these Terms don’t create any third-party beneficiaries.

20Contact us

For questions about these Terms, email hello@hoahx.com.