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These Terms of Service ("Terms") govern your access to and use of the HOA Cloud website and platform at hoacloud.app ("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.
Subscribers: If you or your association has executed an Order Form with HOA Cloud, your use of the platform is governed by the Master Subscription Agreement, which supersedes these Terms to the extent of any conflict.
To use the Services, you must:
To access certain features, you must create an account. You agree to keep your password secure, not share your credentials, notify us immediately of unauthorized access, and accept responsibility for all activity under your account. We strongly recommend enabling two-factor authentication.
You retain ownership of all content you upload. By uploading content, you grant us a non-exclusive, royalty-free license to use, store, display, and transmit it solely to provide the Services. You represent that you own or have rights to all content you upload and that it does not violate any laws or third-party rights.
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.
If you believe your copyright has been infringed, contact info@hoacloud.app. We respond to valid takedown notices per the Digital Millennium Copyright Act.
You agree not to:
Subscribers are additionally subject to the acceptable use provisions in the Master Subscription Agreement (Section 9).
Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms by reference. We do not sell your personal information.
Our Services integrate with third-party providers including Stripe (payments), Google Workspace (meetings), and others listed in our Privacy Policy. Your use of these services is subject to their respective terms and privacy policies. We are not responsible for third-party service performance or availability.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
While we provide tools to assist with Florida association compliance (Chapters 718 and 720, Florida Statutes), we do not provide legal advice. Consult a qualified attorney for legal matters.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOA CLOUD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES.
Our total liability for all claims shall not exceed the greater of $100 or the amount you paid us in the 12 months preceding the claim. Subscribers should refer to the liability provisions in the Master Subscription Agreement (Section 11).
You agree to indemnify, defend, and hold harmless HOA Cloud and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising from your use of the Services, violation of these Terms, or violation of any law or third-party rights.
You may close your account at any time. We may suspend or terminate your access immediately if you violate these Terms, if payment fails, or if required by law. Upon termination, your access ceases and you remain responsible for all fees incurred. Content may be deleted after 90 days.
Subscribers should refer to the termination provisions in the Master Subscription Agreement (Section 7), which include a 90-day data export window and deletion confirmation.
THIS SECTION CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. PLEASE READ CAREFULLY.
Before filing a claim, contact info@hoacloud.app to attempt informal resolution for thirty (30) days.
Unresolved disputes shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, conducted in or near Cape Coral, Florida (or remotely by videoconference if mutually agreed). You may opt out of arbitration within 30 days of account creation by emailing info@hoacloud.app.
YOU AND HOA CLOUD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION.
Either party may seek injunctive relief in a court of competent jurisdiction in Florida to prevent irreparable harm, including for intellectual property infringement, unauthorized system access, or breach of confidentiality.
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.
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