Terms of Service

1. Acceptance of Terms

Welcome to HOA Cloud. These Terms of Service ("Terms") govern your access to and use of HOA Cloud's website, platform, and services (collectively, the "Services") operated by HOA Cloud ("we," "our," or "us").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Services.

2. Definitions

• "Account" means your registered user account on HOA Cloud
• "Content" means text, images, documents, data, and other materials uploaded to the platform
• "HOA" means a homeowners association or condominium association
• "Organization" means an HOA or property management company using our Services
• "User" means any individual accessing the Services (resident, board member, property manager, etc.)

3. Eligibility

You must meet the following requirements to use the Services:

• Be at least 18 years old
• Have legal capacity to enter into binding contracts
• Not be prohibited from using the Services under U.S. law
• Provide accurate, current, and complete information
• Not have been previously suspended or banned from the Services

By using the Services, you represent and warrant that you meet these requirements.

4. Account Registration and Security

4.1 Account Creation

To access certain features, you must create an Account. You agree to:

• Provide accurate, truthful, and complete information
• Maintain and update your information to keep it current
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access
• Be responsible for all activities under your Account

4.2 Account Types and Roles

Different user roles have different access levels:

• System Owner: Full platform access (HOA Cloud administrators)
• Property Manager: Manage assigned properties and HOAs
• Office Staff: Support property managers at management companies
• Board Member: HOA governance and financial oversight
• Property Owner: Access to own unit and HOA information
• Tenant: Limited access to unit information
• Vendor: Access to assigned work orders only

4.3 Multi-Factor Authentication

We strongly recommend enabling two-factor authentication (2FA) for enhanced security. 2FA is required for administrative roles with access to financial data.

5. Description of Services

HOA Cloud provides a comprehensive platform for HOA and property management, including:

• Resident portal and communication tools
• Financial management and payment processing
• Maintenance request and work order management
• Vendor management and compliance tracking
• Document storage and management
• Meeting scheduling and video conferencing
• Reporting and analytics
• Website building tools for HOAs

We reserve the right to modify, suspend, or discontinue any feature or service at any time with or without notice.

6. Payment Terms

6.1 Subscription Fees

HOA Cloud operates on a subscription basis. Fees are based on your selected plan and are billed monthly or annually. Current pricing is available at hoacloud.app/pricing.

6.2 Payment Methods

We accept the following payment methods:

• Credit/Debit Cards: Processed securely via Stripe
• ACH Bank Transfer: Verified via Plaid

6.3 HOA Dues Processing

For HOA dues collected through the platform, we charge a processing fee. Fees are disclosed during payment setup. Funds are transferred to your HOA's designated account per your schedule.

6.4 Automatic Renewal

Subscriptions automatically renew unless canceled at least 48 hours before the renewal date. You can cancel anytime from your account settings. No refunds for partial months.

6.5 Late Fees

If payment fails, we may suspend access until payment is received. HOAs may assess late fees on overdue resident payments per their bylaws (Florida Statutes Chapter 718/720).

6.6 Taxes

All fees are exclusive of applicable sales tax, VAT, or other taxes, which you are responsible for paying. We will collect applicable taxes when required by law.

See our Billing & Refund Policy for complete payment terms.

7. User Conduct and Acceptable Use

You agree not to:

• Violate any laws, regulations, or third-party rights
• Upload malicious code, viruses, or harmful software
• Impersonate any person or entity
• Harass, threaten, or abuse other users
• Spam or send unsolicited communications
• Scrape, data mine, or use automated tools without permission
• Attempt to gain unauthorized access to systems or accounts
• Interfere with platform operations or security
• Reverse engineer or decompile the software
• Use the Services for any illegal or fraudulent purpose

See our Acceptable Use Policy for complete guidelines.

8. Content and Intellectual Property

8.1 Your Content

You retain ownership of all Content you upload to the Services. By uploading Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, display, and transmit your Content solely to provide the Services.

8.2 Content Responsibilities

You represent and warrant that:

• You own or have rights to all Content you upload
• Your Content does not violate any laws or third-party rights
• Your Content does not contain malware or malicious code
• You are responsible for backing up your own Content

8.3 HOA Cloud Intellectual Property

All rights, title, and interest in the Services, including software, designs, trademarks, and logos, belong to HOA Cloud. You may not use our intellectual property without written permission.

8.4 DMCA and Copyright

If you believe your copyright has been infringed, contact our DMCA agent at dmca@hoacloud.app. We respond to valid takedown notices per the Digital Millennium Copyright Act.

9. Privacy and Data Protection

Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to our data practices as described in the Privacy Policy.

Key Points:

• We collect and process personal information to provide Services
• We use SOC 2 Type II certified vendors (Stripe, Plaid, Supabase, etc.)
• We do not sell your personal information
• You have rights to access, correct, and delete your data

10. Third-Party Services

Our Services integrate with third-party providers:

• Stripe: Payment processing (subject to Stripe Terms)
• Plaid: Bank account verification (subject to Plaid Terms)
• Google Workspace: Meetings and calendar (subject to Google Terms)

We are not responsible for third-party services. Your use of these services is subject to their respective terms and privacy policies.

11. Disclaimers and Warranties

We specifically disclaim any warranties that:

• The Services will be uninterrupted, error-free, or secure
• Defects will be corrected
• Content is accurate, complete, or reliable
• The Services meet your specific requirements

Legal Compliance: While we provide tools for Florida HOA compliance (Chapter 718/720), we do not provide legal advice. Consult an attorney for legal matters.

12. Limitation of Liability

Our total liability to you for all claims arising from the Services shall not exceed the greater of: (a) $100, or (b) the amount you paid us in the 12 months preceding the claim.

Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless HOA Cloud, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising from:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any law or third-party rights
• Your Content or activities on the platform
• Your negligence or willful misconduct

14. Termination

14.1 Termination by You

You may cancel your Account at any time from account settings. Cancellation takes effect at the end of your current billing period. No refunds for partial periods.

14.2 Termination by Us

We may suspend or terminate your Account immediately if:

• You violate these Terms or our policies
• Payment fails or is disputed
• We are required to by law or government authority
• We cease offering the Services
• Your use poses security or legal risks

14.3 Effect of Termination

Upon termination:

• Your access to the Services ceases immediately
• You remain responsible for all fees incurred
• We may delete your Content after 90 days (export before termination)
• Financial records retained for 7 years per legal requirements
• Sections of these Terms that by nature should survive will continue to apply

15. Data Portability and Export

You can export your data at any time from account settings in JSON or CSV format. We recommend exporting data regularly and before canceling your Account.

After Account termination, you have 90 days to request a final data export. Contact support@hoacloud.app.

16. Modifications to Terms

We may modify these Terms at any time. Material changes will be notified via:

• Email to your registered email address
• In-app notification upon login
• Notice on this page with updated "Last Updated" date

Changes become effective 30 days after notice (or immediately for legal/security reasons). Continued use after changes constitutes acceptance. If you disagree, you must stop using the Services.

17. Florida HOA Law Compliance

Our platform is designed to help HOAs comply with Florida Statutes Chapter 718 (Condominiums) and Chapter 720 (Homeowners Associations). However:

• We provide tools, not legal advice
• HOA boards are responsible for legal compliance
• Consult an attorney for interpretation of Florida law
• State and local laws may vary

18. Dispute Resolution and Arbitration

18.1 Informal Resolution

Before filing a claim, contact us at legal@hoacloud.app to resolve the dispute informally. We will attempt to resolve within 30 days.

18.2 Binding Arbitration

Any dispute not resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

• Arbitration shall be conducted in Cape Coral, Florida
• The arbitrator's decision is final and binding
• Each party pays their own attorney fees unless awarded by arbitrator
• You may opt out of arbitration within 30 days of account creation by emailing legal@hoacloud.app

18.3 Class Action Waiver

18.4 Exceptions

Either party may seek injunctive relief in court for:

• Intellectual property infringement
• Unauthorized access to systems
• Breach of confidentiality obligations

19. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict of law provisions. Any legal action not subject to arbitration shall be brought in the state or federal courts located in Lee County, Florida, and you consent to exclusive jurisdiction there.

20. General Provisions

20.1 Entire Agreement

These Terms, along with our Privacy Policy and other referenced policies, constitute the entire agreement between you and HOA Cloud.

20.2 Severability

If any provision is found unenforceable, the remaining provisions continue in full effect.

20.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right.

20.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms without restriction.

20.5 Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control (natural disasters, wars, pandemics, government actions, infrastructure failures, etc.).

20.6 No Agency

These Terms do not create a partnership, joint venture, employment, or agency relationship.

21. Contact Information

For questions about these Terms, contact us: