Terms of Service

1. Acceptance of Terms

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.

2. Eligibility

To use the Services, you must:

• 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

3. Accounts

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.

4. Content and Intellectual Property

4.1 Your Content

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.

4.2 Our 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.

4.3 Copyright Claims

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

5. Prohibited Conduct

You agree not to:

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

Subscribers are additionally subject to the acceptable use provisions in the Master Subscription Agreement (Section 9).

6. Privacy

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.

7. Third-Party Services

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.

8. Disclaimers

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.

9. Limitation of Liability

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).

10. Indemnification

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.

11. Termination

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.

12. Dispute Resolution

12.1 Informal Resolution

Before filing a claim, contact info@hoacloud.app to attempt informal resolution for thirty (30) days.

12.2 Binding Arbitration

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.

12.3 Class Action Waiver

12.4 Exceptions

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.

13. 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.

14. General Provisions

• Entire Agreement: These Terms, our Privacy Policy, and (for subscribers) the Master Subscription Agreement constitute the entire agreement between you and HOA Cloud.
• Severability: If any provision is found unenforceable, the remaining provisions remain in full effect.
• Waiver: Our failure to enforce any right does not constitute a waiver of that right.
• Assignment: You may not assign these Terms without our written consent.
• Force Majeure: We are not liable for delays or failures caused by events beyond our reasonable control.
• Modifications: We may update these Terms with thirty (30) days' notice via email or in-app notification. Continued use after changes constitutes acceptance.

15. Contact