Terms of Service

HOAfy, Inc. ("HOAfy," "Company," "we," "us," "our") operates the website at https://www.hoafy.com (the "Website") and the HOAfy platform, including all software, services, and user accounts offered through the Website (collectively, the "Services").

These Terms of Service ("Terms") constitute a legally binding agreement between HOAfy and you ("You" or "Your"), whether individually or on behalf of an entity ("Subscriber"), concerning Your access to and use of the Services. By accessing or using the Services, You acknowledge that You have read, understood, and agree to be bound by these Terms.

IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

1. Definitions

"Subscriber" means the homeowners association, management company, or other entity that subscribes to the Services.
"Authorized User" means any individual granted access to the Services by the Subscriber, including board members, property managers, homeowners, and residents.
"User Data" means all data, content, and information entered into the Services by the Subscriber or its Authorized Users.
"Content" means all source code, databases, functionality, software, website designs, text, graphics, photographs, and other materials provided through the Services.

2. Account Registration

To access the Services, You may be required to create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of Your login credentials and for all activities that occur under Your account. You must immediately notify HOAfy of any unauthorized use of Your account.

The Subscriber's designated Primary Administrator controls user roles and access levels for all Authorized Users. Each Authorized User must have a unique username and password. You agree not to share Your credentials with any other person.

3. License to Use the Services

Subject to Your compliance with these Terms, HOAfy grants You a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for the Subscriber's internal business purposes. This license does not include the right to:

Modify, copy, distribute, or create derivative works from the Services or Content;
Reverse engineer, decompile, or disassemble any part of the Services;
Use the Services for service bureau, time-sharing, or resale purposes;
Remove or alter any proprietary notices, trademarks, or logos;
Permit unauthorized third parties to access the Services.

4. Subscriber Responsibilities

The Subscriber is responsible for ensuring that all Authorized Users comply with these Terms. The Subscriber determines who is an Authorized User and controls access levels at all times. If a property manager is accessing the Services on behalf of an HOA, the property manager represents that it has the authority to bind the HOA to these Terms.

5. Fees and Payment

You agree to pay all fees associated with Your subscription plan at the prices in effect at the time of purchase. Subscription fees are billed monthly or annually in advance and are non-refundable. HOAfy reserves the right to modify pricing with at least 30 days' prior notice.

All fees are exclusive of applicable taxes. You are responsible for all sales, use, or similar taxes arising from Your use of the Services. You must maintain a valid payment method on file and authorize HOAfy to charge it for recurring subscription fees.

Unpaid amounts past due may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law. HOAfy reserves the right to suspend access to the Services for accounts that are 15 or more days delinquent.

6. Free Trial

HOAfy may offer a free trial for new Subscribers. At the end of the trial period, You will be billed for the selected subscription plan unless You cancel before the trial expires. No credit card is required to start a trial unless otherwise stated.

7. Intellectual Property

The Services, Content, and all associated intellectual property rights are and remain the exclusive property of HOAfy. Nothing in these Terms transfers any ownership rights to You. The "HOAfy" name, logo, and all related trademarks are the property of HOAfy, Inc. You may not use them without express written permission.

8. User Data

The Subscriber retains all ownership rights to User Data. HOAfy does not sell User Data. By using the Services, You grant HOAfy a limited license to access, process, and store User Data solely for the purpose of providing, maintaining, and improving the Services.

HOAfy may use anonymized and aggregated data (from which all personal identifiers have been removed) for analytics, benchmarking, and service improvement purposes.

Upon cancellation or termination, User Data will be preserved for 30 days. After this retention period, User Data may be permanently deleted. You are responsible for exporting any data You wish to retain before the retention period expires.

9. Prohibited Activities

You agree not to:

Use the Services for any unlawful or unauthorized purpose;
Interfere with or disrupt the Services or the networks connected to them;
Attempt to gain unauthorized access to any part of the Services;
Use automated means (bots, scrapers, etc.) to access the Services without prior written consent;
Upload viruses, malware, or other harmful material;
Harass, abuse, or harm other users or HOAfy personnel;
Use the Services to compete with HOAfy or for benchmarking purposes without written permission.

10. Third-Party Services

The Services may integrate with or link to third-party services, including payment processing by Stripe. HOAfy is not responsible for any third-party services, their content, privacy policies, or practices. Your use of third-party services is at Your own risk and subject to the terms established by those third parties.

11. Term and Termination

These Terms remain in effect as long as You use the Services. You may cancel Your subscription at any time by contacting us. Cancellation takes effect at the end of the current billing period.

HOAfy reserves the right to suspend or terminate Your account at any time, with or without notice, for violation of these Terms, non-payment, or any other reason at HOAfy's sole discretion. Upon termination, Your license to use the Services immediately ceases.

12. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HOAFY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOAFY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, REVENUE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. IN NO EVENT SHALL HOAFY'S TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE TOTAL FEES PAID BY YOU DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to defend, indemnify, and hold harmless HOAfy and its officers, directors, employees, and agents from and against any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or related to: (a) Your use of the Services; (b) Your violation of these Terms; (c) Your violation of any third-party rights; or (d) any content or data You submit through the Services.

15. Data Security

HOAfy implements industry-standard physical, administrative, and technical safeguards to protect User Data, including encryption in transit and at rest, access controls, and regular security assessments. However, no method of electronic transmission or storage is 100% secure. You acknowledge that You transmit data at Your own risk.

16. Modifications to the Services

HOAfy reserves the right to modify, update, suspend, or discontinue any part of the Services at any time without prior notice. HOAfy shall have no liability for any such changes.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising from these Terms shall first be subject to informal negotiation for at least 30 days. If unresolved, disputes shall be settled by binding arbitration under the rules of the American Arbitration Association, conducted in Delaware.

YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

18. Electronic Communications

By using the Services, You consent to receiving electronic communications from HOAfy, including emails, in-app notifications, and text messages related to Your account and the Services. You agree that these electronic communications satisfy any legal requirement that such communications be in writing.

19. Force Majeure

HOAfy shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including natural disasters, pandemics, wars, power outages, internet or telecommunications failures, government restrictions, or labor disputes.

20. General Provisions

Entire Agreement. These Terms, together with our Privacy Policy and any other referenced documents, constitute the entire agreement between You and HOAfy.
Severability. If any provision is found unenforceable, the remaining provisions remain in full force and effect.
Waiver. HOAfy's failure to enforce any right or provision does not constitute a waiver.
Assignment. You may not assign or transfer Your rights under these Terms without HOAfy's written consent. HOAfy may assign its rights at any time.
No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights.
Independent Contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, or employment relationship.

21. Contact Us

If you have questions about these Terms of Service, please contact us: