HOALife Terms of Service

Effective Date: June 25, 2023

From everyone at HOALife, thank you for using our products. We build them to help homeowner associations, condominium associations, community managers, boards, and related users do their best work. Because many people and organizations use HOALife every day, we need Terms of Service to help set clear expectations and keep the ship afloat.

When we say “Company,” “we,” “our,” or “us,” we mean HOA Inc. d/b/a HOALife.

When we say “Services,” we mean any product, website, software, application, feature, integration, support service, or related service created, maintained, operated, or provided by HOA Inc. d/b/a HOALife. This includes HOALife and any present or future products or services, whether delivered through a web browser, desktop application, mobile application, owner portal, API, email, text message, mail service, or another format.

When we say “you” or “your,” we mean the person, company, association, management company, board, organization, or other legal entity that creates, owns, manages, administers, pays for, accesses, or uses an account with one or more of our Services.

By using the Services, you agree to these Terms of Service. If you are using the Services on behalf of an association, company, board, management company, or other organization, you represent that you have authority to bind that organization to these Terms.

We may update these Terms of Service in the future. When we make a material change, we may post an updated version on our website, within the Services, or notify the account owner using the email address we have on file. Your continued use of the Services after an update means you agree to the latest Terms of Service.

There may be times when we do not exercise or enforce a right or provision in these Terms. That does not mean we waive that right or provision.

These Terms include important limitations of our liability.

Account Terms

You are responsible for maintaining the security of your account, users, devices, and passwords. The Company cannot and will not be liable for any loss or damage resulting from your failure to comply with this obligation.

You may not use the Services for any purpose other than as an actual customer, authorized user, board member, manager, owner, resident, vendor, or other authorized user of HOALife.

You are responsible for all content, records, data, activity, notices, communications, votes, payments, inspections, letters, documents, and other activity that occurs under your account. This includes activity by people who: (a) have access to your login credentials; (b) have their own logins under your account; (c) are invited or granted access by you; or (d) access the Services through an owner portal, resident portal, board portal, vendor portal, or similar access point.

You are responsible for ensuring that each user has the appropriate permission level and that access is removed when a user should no longer have access.

You are solely responsible for the accuracy, legality, completeness, review, approval, and use of all content, data, records, notices, letters, emails, text messages, mailings, violation records, inspection results, ARC records, voting records, owner balances, payment information, reports, exports, and other outputs generated, stored, delivered, or managed through HOALife.

HOALife does not provide legal, accounting, tax, property management, election, compliance, or professional advice. The Services are tools to help you manage workflows and information. You are responsible for determining whether your use of the Services complies with your governing documents, contracts, policies, procedures, and all applicable local, state, and federal laws.

You are responsible for reviewing and approving any notice, letter, mailing, email, text message, report, vote, charge, balance, violation, ARC decision, owner communication, or other communication before it is sent, published, delivered, relied upon, or otherwise used.

You must be a human. Accounts registered by bots or other automated methods are not permitted.

Implementation and Customer Cooperation. Successful implementation and use of the Services requires reasonable participation by Customer. Customer is responsible for timely providing requested information, attending training sessions, configuring the Services, making implementation decisions, and otherwise cooperating with implementation efforts. Customer delays, non-participation, changes in requirements, staffing changes, or failure to complete implementation activities do not constitute a failure of the Services or entitle Customer to any refund, credit, or cancellation right.

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Payment, Refunds, and Plan Changes

We do not offer free trials or free plans unless expressly agreed to in writing by us. Access to the Services requires a paid subscription.

A promotional or complimentary first month, onboarding credit, discount, temporary price reduction, or other concession we may offer is a price reduction applied to a paid subscription. It does not constitute a free trial or free plan, and it does not create any refund, credit, or proration right.

All subscription fees are earned in full when paid and are non-refundable. We do not provide refunds, credits, or proration for partial billing periods, plan downgrades, account cancellations, unused time, or unused features, whether the account is canceled by you or terminated by us.

Annual pricing reflects a discount in exchange for the annual commitment.

You pay in advance to use the Services. If payment is not made when due, we may freeze, suspend, limit, or disable access to your account until payment is made. If your account remains unpaid, we may queue it for cancellation or termination.

For upgrades or downgrades in plan level, the new rate will take effect on the next billing cycle unless otherwise agreed to in writing.

All fees are exclusive of taxes, levies, duties, or similar governmental assessments. Where required, we may collect and remit taxes to the appropriate taxing authority. You are responsible for payment of all applicable taxes, levies, duties, and similar assessments.

Cancellation and Termination

You are responsible for properly canceling your account. To cancel, or if you need help canceling, contact us at billing@hoalife.com.

A cancellation request is effective once confirmed by HOALife in writing. We will not unreasonably delay confirmation of a valid cancellation request.

If you cancel before the end of your current paid billing period, your cancellation will take effect immediately unless we agree otherwise in writing, and you will not be charged again. We do not prorate, credit, or refund unused time in the final billing cycle.

Upon cancellation or termination, your content may become inaccessible from the Services immediately. You should export any data you need before your account is canceled or terminated.

Following cancellation or termination, we may delete your account content from active systems within 30 days and from backups within 60 days, except where retention is required or permitted for legal, tax, billing, audit, security, fraud prevention, compliance, backup, dispute resolution, or legitimate business purposes. We cannot recover information once it has been permanently deleted.

We have the right to suspend or terminate your account and refuse any current or future use of the Services for any reason at any time, including but not limited to non-payment, security concerns, suspected misuse, excessive use, violation of these Terms, unlawful activity, risk to other customers, or conduct we determine to be harmful to the Company, the Services, or others.

Suspension means you and other users on your account may not be able to access the account or content in the account. Termination may result in deletion of your account, deletion of your access to your account, and forfeiture or relinquishment of content in the account, subject to the data retention provisions above.

We reserve the right to refuse use of the Services to anyone for any reason at any time.

Verbal, physical, written, or other abuse, including threats of abuse, harassment, intimidation, or retribution directed toward a Company employee, officer, contractor, support representative, or agent may result in immediate account suspension or termination.

Modifications to the Services and Prices

We reserve the right at any time to modify, update, redesign, suspend, discontinue, or remove any part of the Services, temporarily or permanently, with or without notice.

Sometimes features become technically impractical to maintain, are replaced by improved workflows, depend on third-party systems that change or become unavailable, or no longer align with the direction of the Services. We do not guarantee that any particular feature, integration, design, workflow, or functionality will remain available forever.

We may change our pricing structure from time to time. When we do so, we may choose to exempt existing customers from those changes, but we are not required to do so. If we change pricing for existing customers, we will provide at least 30 days’ notice using the email address on record, through the Services, on our website, or another reasonable method.

Customer acknowledges that purchasing decisions should be based upon the functionality of the Services as demonstrated or documented by HOALife, and not upon assumptions regarding future functionality, preferred workflows, or features not expressly represented by HOALife. Customer is responsible for evaluating whether the Services meet Customer’s operational, technical, legal, accounting, governance, and workflow requirements before purchasing.

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Uptime, Security, and Privacy

Your use of the Services is at your sole risk. We provide the Services on an “as is” and “as available” basis.

We take uptime, security, backups, redundancy, and data protection seriously, but we do not guarantee that the Services will be uninterrupted, error-free, secure, or available at all times.

We do not offer service-level agreements unless separately agreed to in writing. You may visit https://status.hoalife.com/ to see the status of our Services.

We reserve the right to temporarily disable, throttle, limit, or suspend your account if your usage significantly exceeds the average usage of other customers, creates risk to the Services, negatively affects performance for other customers, causes security concerns, or appears abusive. Where practical, we will attempt to contact the account owner before taking action, except in urgent cases where immediate action is needed to protect the Services, the Company, other customers, or third parties.

We take measures to protect and secure your data through backups, redundancies, access controls, and encryption. We enforce encryption for data transmission from the public Internet. No method of transmission, storage, or security is perfect, and we cannot guarantee absolute security.

When you use the Services, you entrust us with your data. We take that trust seriously. You agree that HOALife may process your data as described in these Terms, our Privacy Policy, and other applicable policies.

Company personnel may access customer data for limited purposes, including:

• To provide, maintain, troubleshoot, improve, secure, or support the Services.
• To respond to your support requests or account questions.
• To investigate errors, bugs, security issues, abuse, misuse, or performance problems.
• To safeguard HOALife, our customers, users, and the public.
• To comply with applicable law, legal process, tax obligations, audits, or valid governmental requests.
• To enforce these Terms or protect the rights, property, or safety of the Company, our customers, users, or others.

To the extent required by applicable law, we may preserve or share customer data if compelled by a legally binding order, subpoena, warrant, court order, governmental request, or other valid legal process. If a non-U.S. authority approaches HOALife for assistance, our default stance is to require the request to proceed through proper U.S. legal channels, unless otherwise required by applicable law.

We use third-party vendors and hosting partners to provide the hardware, software, networking, storage, communications, payment processing, mail processing, analytics, support, and related technology required to run the Services.

Third-Party Services, Payments, Mail, and Integrations

The Services may connect with, depend on, or use third-party services, including but not limited to hosting providers, email providers, SMS providers, payment processors, accounting systems, postal mail providers, mapping providers, analytics providers, identity providers, and other software or service providers.

We are not responsible for delays, outages, errors, changes, service interruptions, data issues, processing failures, delivery failures, payment failures, integration failures, fee changes, policy changes, or other problems caused by third-party providers or systems outside our reasonable control.

If you use payment features, you acknowledge that payments may be processed by third-party payment processors. Payment processor fees, chargebacks, failed payments, ACH returns, card disputes, settlement delays, bank delays, and payment errors are subject to the applicable third-party provider’s terms and processes.

If you use mailing, printing, or delivery-related features, you acknowledge that HOALife may rely on third-party mail, print, fulfillment, and postal providers. Once mail is handed off to the United States Postal Service or another carrier, delivery timing and final delivery are outside HOALife’s control. Estimated delivery times are estimates only and are not guarantees.

If you use integrations with accounting software, payment software, or other third-party systems, you are responsible for reviewing and confirming the accuracy of all synchronized, imported, exported, displayed, or transmitted information. HOALife is not responsible for incorrect setup, incorrect mappings, third-party data changes, duplicate data, missing data, delays, third-party outages, or third-party system behavior.

Privacy and Data Protection

Your use of the Services is also governed by our Privacy Policy.

To the extent applicable, HOALife acts as a service provider or processor with respect to certain customer data submitted to the Services. We process customer data for the purpose of providing, maintaining, securing, supporting, and improving the Services, and as otherwise described in these Terms, our Privacy Policy, and any applicable written agreement.

We do not sell customer data.

You are responsible for obtaining any notices, permissions, consents, authorizations, or legal basis required for submitting personal information, owner information, resident information, tenant information, board information, vendor information, property information, payment information, violation information, communications, documents, or other data to the Services.

You agree not to use the Services in a way that violates privacy, data protection, consumer protection, electronic communication, call recording, text messaging, email, housing, debt collection, election, association governance, or other applicable laws.

Copyright and Content Ownership

All content posted, uploaded, generated, stored, or transmitted through the Services must comply with U.S. copyright law and all other applicable laws.

We claim no intellectual property rights over the materials you provide to the Services. Your uploaded materials remain yours.

You grant the Company a limited license to host, store, process, transmit, display, copy, back up, and otherwise use your content as necessary to provide, maintain, support, secure, and improve the Services.

We do not pre-screen content, but we reserve the right, in our sole discretion, to refuse, remove, disable, or restrict access to any content that is available through the Services.

The names, look, feel, design, layout, code, HTML, CSS, JavaScript, workflows, interfaces, logos, branding, and visual design elements of the Services are owned by the Company or its licensors. All rights are reserved.

You may not duplicate, copy, modify, reproduce, sell, resell, exploit, scrape, reverse engineer, or reuse any portion of the Services, use of the Services, access to the Services, code, design elements, or branding without express written permission from the Company.

You must request permission to use the Company’s logo or any Service logos for promotional purposes. Please email support@hoalife.com to request permission. We reserve the right to deny or rescind permission at any time.

You must not modify another website, product, communication, or service to falsely imply that it is associated with the Services or the Company.

Acceptable Use

You agree not to use the Services to:

• Violate any law, regulation, contract, governing document, court order, or third-party right.
• Send unlawful, misleading, abusive, harassing, defamatory, discriminatory, threatening, or fraudulent content.
• Upload malicious code, viruses, worms, malware, spyware, or harmful files.
• Attempt to gain unauthorized access to the Services, other accounts, systems, or networks.
• Interfere with or disrupt the Services or servers connected to the Services.
• Scrape, crawl, harvest, or extract data from the Services except as expressly permitted.
• Use the Services to send spam or unauthorized communications.
• Misrepresent your identity, authority, affiliation, or authorization.
• Use the Services for surveillance, harassment, intimidation, or unlawful monitoring.
• Resell, sublicense, or provide unauthorized access to the Services.
• Use the Services in a way that could damage the Company, the Services, other customers, users, or third parties.

We may determine, in our sole discretion, whether conduct violates this Acceptable Use section.

Features, Bugs, and Beta Features

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as software that works perfectly for every customer, device, browser, operating system, network, workflow, or use case.

We make no guarantees that the Services will meet your specific requirements or expectations.

As with any software, the Services may contain bugs, errors, or interruptions. We track reported bugs and work through priority issues, especially those related to security, privacy, data integrity, and core functionality. Not all reported bugs will be fixed, and we do not guarantee completely error-free Services.

From time to time, we may offer beta, experimental, early access, preview, or newly released features. These features may be incomplete, change over time, contain bugs, be discontinued, or work differently than expected. Your use of beta or experimental features is at your own risk.

HOALife does not officially support beta operating systems, beta browsers, beta devices, jailbroken devices, rooted devices, unsupported devices, or pre-release software environments. Beta operating systems and pre-release software may introduce temporary issues with file handling, photo access, network sessions, uploads, browser behavior, WebView behavior, notifications, device permissions, or other functions. For production use, we recommend using supported devices and current public operating system releases.

Services Adaptations and API Terms

We may offer Application Program Interfaces, or APIs, for some of our Services. Any use of an API, including through a third-party product that accesses the Services, is bound by these Terms plus any additional API terms or documentation we provide.

You understand and agree that we are not liable for damages or losses resulting from your use of an API or third-party products that access data through an API.

Abuse or excessively frequent requests to the Services through an API may result in temporary or permanent suspension of your account’s API access. The Company, in its sole discretion, will determine abuse or excessive usage. If practical, we will attempt to warn the account owner before suspending API access. If API usage causes or could cause downtime, performance degradation, security issues, or harm to the Services or other customers, we may suspend or terminate access without prior notice.

Third parties may not access or use the API to build or support an application that remotely records, monitors, reports, or surveils a Service user’s activity, except for ordinary time tracking or activity tracking features expressly authorized by the account owner and permitted by law. The Company, in its sole discretion, will determine whether an integration violates this rule.

Some third-party providers may create integrations between our Services and theirs. We are not responsible or liable for third-party integrations, third-party products, or third-party services.

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, contractors, agents, affiliates, licensors, service providers, and partners from and against any claims, liabilities, damages, losses, costs, expenses, fees, including reasonable attorneys’ fees, arising out of or related to:

• Your use or misuse of the Services.
• Your violation of these Terms.
• Your violation of any law, regulation, contract, governing document, policy, or third-party right.
• Content, data, notices, letters, communications, votes, payments, charges, records, reports, or other materials submitted, generated, sent, delivered, published, stored, or used by you through the Services.
• Disputes involving your association, management company, board, owners, residents, tenants, vendors, employees, agents, or other users.
• Your failure to review, approve, verify, or legally validate information or communications before using or sending them.
• Your use of third-party services, integrations, payment processors, mail providers, or accounting systems in connection with the Services.

Disclaimer of Warranties

The Services are provided on an “as is” and “as available” basis.

To the maximum extent permitted by law, the Company disclaims all warranties, express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, reliability, accuracy, and security.

We do not warrant that the Services will be uninterrupted, timely, secure, error-free, accurate, complete, or compatible with every device, browser, operating system, network, third-party system, integration, workflow, or use case.

We do not warrant that any data, communication, mailing, notice, payment, report, export, import, synchronization, vote, violation, ARC record, owner balance, or other output will be accurate, complete, timely, legally compliant, or suitable for your intended purpose.

Limitation of Liability

You expressly understand and agree that, to the maximum extent permitted by law, the Company shall not be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, including but not limited to damages for loss of profits, goodwill, use, data, business interruption, substitute services, reputational harm, or other intangible losses, whether based on contract, tort, negligence, strict liability, statute, or any other legal theory, even if the Company has been advised of the possibility of such damages.

This limitation applies to damages resulting from or related to:

• Use of or inability to use the Services.
• Errors, bugs, interruptions, downtime, delays, or data loss.
• Unauthorized access to or alteration of your transmissions or data.
• Statements, conduct, or omissions of any third party.
• Third-party services, integrations, payment processors, accounting systems, mail providers, postal carriers, hosting providers, communication providers, or other vendors.
• Notices, mailings, communications, reports, records, votes, payments, owner balances, violations, ARC decisions, documents, exports, imports, or other outputs created, stored, sent, delivered, or managed through the Services.
• Any other matter relating to these Terms or the Services.

To the maximum extent permitted by law, the Company’s total aggregate liability for all claims arising out of or related to these Terms or the Services shall not exceed the amounts paid by you to the Company for the Services during the twelve months immediately preceding the event giving rise to the claim.

Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, the Company’s liability will be limited to the greatest extent permitted by law.

Governing Law and Venue

These Terms and any dispute arising out of or related to these Terms or the Services shall be governed by the laws of the State of Delaware, without regard to conflict of law principles.

You agree that any legal action or proceeding arising out of or related to these Terms or the Services shall be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction and venue of those courts.

Severability

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

Entire Agreement

These Terms, together with our Privacy Policy and any written order form, subscription agreement, invoice, proposal, or other written agreement expressly accepted by us, constitute the entire agreement between you and the Company regarding the Services and supersede any prior or contemporaneous agreements, communications, or understandings regarding the Services.

If there is a conflict between these Terms and a separately signed written agreement between you and the Company, the signed written agreement will control to the extent of the conflict.

Contact

If you have questions about these Terms of Service, please contact us at support@hoalife.com.

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