1. Acceptance of Terms

By creating an account or using the HOABuddy platform (the "Service"), you agree to be bound by these Terms of Service ("Terms"). These Terms apply to HOA board administrators, board members, and residents who access the Service. If you are agreeing to these Terms on behalf of a homeowners association, you represent that you have authority to bind that organization.

If you do not agree to these Terms, do not use the Service.

2. Description of Service

HOABuddy provides a web-based platform for homeowners association management, including tools for dues collection, resident management, maintenance request tracking, violation management, document storage, and community announcements. The Service is provided on a subscription basis.

3. Account Registration

To use the Service, you must create an account and provide accurate, complete information. You are responsible for:

Maintaining the confidentiality of your account credentials
All activity that occurs under your account
Ensuring that resident information you enter is accurate and that you have authority to add those individuals to the platform
Notifying us immediately of any unauthorized use of your account at support@hoabuddy.org

4. Subscription and Billing

HOABuddy is offered on a paid subscription basis. By subscribing, you agree to:

Pay the applicable subscription fees as displayed at the time of purchase
Provide a valid payment method (credit or debit card) at signup
Automatic renewal of your subscription at the end of each billing period unless you cancel

A 30-day free trial is available to new HOA accounts. A valid payment method is required to start the trial. You will not be charged until the trial period ends. You may cancel at any time during the trial without charge.

Subscription fees are non-refundable except as required by applicable law or at HOABuddy's sole discretion. To cancel your subscription, contact us at support@hoabuddy.org.

5. Dues Collection and Stripe Connect

HOABuddy uses Stripe and Stripe Connect to facilitate dues collection by your HOA. When you enable dues collection, you agree to:

Complete Stripe Connect onboarding and provide accurate information about your HOA
Comply with Stripe's Connected Account Agreement (available at stripe.com/legal/connect-account)
Take responsibility for the accuracy of due amounts and recipient assignments you configure
Ensure you have authority on behalf of the HOA to collect the dues you configure

HOABuddy adds a payment processing fee (currently 2.9% + $0.30) to each resident payment as a separate line item charged to the payer. Your HOA receives the full configured invoice amount. HOABuddy is not a party to dues transactions between your HOA and its residents.

6. Administrator Responsibilities

As an HOA board administrator using HOABuddy, you are responsible for:

Using the platform only to manage your community's legitimate HOA operations
Obtaining appropriate consent from residents before adding their personal information to the platform
Ensuring that dues, violations, and notices you issue comply with your HOA's governing documents and applicable law
Maintaining accurate resident and property records
Managing resident access and roles appropriately
Complying with all applicable federal, state, and local laws governing HOA operations in your jurisdiction

7. Acceptable Use

You agree not to use the Service to:

Violate any applicable law or regulation
Harass, abuse, or harm residents or other users
Collect dues or fees that are not authorized by your HOA's governing documents
Upload malicious code, viruses, or any software designed to damage or intercept data
Attempt to gain unauthorized access to any part of the Service or other accounts
Use the Service for any purpose other than management of your homeowners association
Reverse engineer, decompile, or otherwise attempt to extract the source code of the Service

8. Intellectual Property

The Service and its original content, features, and functionality are owned by HOABuddy and are protected by copyright, trademark, and other intellectual property laws. You retain ownership of content you upload to the Service (documents, announcements, etc.), and grant HOABuddy a limited license to store and display that content solely to operate the Service for your account.

9. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. HOABuddy does not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components. We are not a law firm and nothing in the Service constitutes legal advice regarding HOA governance or compliance.

10. Limitation of Liability

To the maximum extent permitted by applicable law, HOABuddy shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of data, or loss of goodwill, arising from your use of or inability to use the Service. HOABuddy's total liability to you for all claims shall not exceed the amount you paid for the Service in the 12 months preceding the claim.

11. Termination

Either party may terminate the service relationship at any time. You may cancel by contacting support@hoabuddy.org. We may suspend or terminate your account if you violate these Terms. Upon termination, your access to the Service will cease and your data will be retained for 90 days before permanent deletion, consistent with our Privacy Policy.

12. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by email or by prominent notice within the platform. Continued use of the Service after changes take effect constitutes your acceptance of the revised Terms.

13. Indemnification

You agree to indemnify, defend, and hold harmless HOABuddy and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service in violation of these Terms; (b) dues, violations, notices, or other actions your HOA takes through the Service; (c) your violation of any applicable law or any third party's rights, including any resident's rights; or (d) any claim that content you submitted through the Service caused damage to a third party.

14. Force Majeure

HOABuddy shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemic, war, government actions, power outages, internet disruptions, or failures of third-party providers (including Stripe, AWS, or email services). We will make reasonable efforts to notify you of any such disruption and to restore service as soon as practicable.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Texas, without regard to its conflict of law principles.

Any dispute arising from these Terms or your use of the Service that cannot be resolved informally shall be submitted to binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules & Procedures, with one arbitrator, conducted in Texas or remotely by mutual agreement.

YOU AND HOABUDDY EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

Either party may seek temporary injunctive relief in a court of competent jurisdiction without waiving the right to arbitration.

16. Contact

Questions about these Terms? Contact us at support@hoabuddy.org.