Terms of Service

HOAxis (“HOAxis”, “we”, “us”, “our”) is software for homeowners’ associations, condominium associations, cooperatives and similar community associations (“associations”). It is built and operated by volunteers who serve on association boards themselves. We are not a community management company, a law firm, an accounting firm, a debt collector, an election administrator, an insurer or a fiduciary to your association, and nothing in the service creates any such relationship.

The service is offered in beta. That means it is new, incomplete, changing, and may contain errors. Features may be added, changed, limited or removed at any time, and some may later be offered only as paid add-ons.

These Terms of Service (“Terms”) are a binding agreement between HOAxis and the association on whose behalf you use the service, and you personally to the extent you use the service in your own right. “You” and “your” mean both.

By creating an account, checking the acceptance box, or using the service, you accept these Terms. If you do not agree, do not use the service.

You represent that you are an officer, director, or authorized representative of the association, that you have the authority to bind the association to these Terms, and that the association’s governing documents and applicable law permit it to use a service like this. If you lack that authority, you accept these Terms personally and agree to be personally responsible for all obligations under them.

Each board member, committee member, staff member or resident you invite into the service must also comply with these Terms, and you are responsible for their use.

The service provides tools such as a board compliance calendar and to-do list, letter and notice templates, a homeowner and property registry, ledger import, meeting, agenda and minutes tools, announcements, document storage, architectural review workflows, violation tracking, voting tools, dues tracking, online dues payments and, when switched on, AI-assisted features.

We do not promise that the service will be available, uninterrupted, secure, timely, accurate, complete or error-free, that data will not be lost, or that defects will be corrected. We may suspend or discontinue all or part of the service, or your access to it, at any time, with or without notice. You are responsible for keeping your own copies of anything important, and you may export your data at any time while your account is active.

Everything in the service, including the compliance calendar, deadlines, notice periods, the state rules panels, templates, letters, guides, checklists, explanations, citations and any AI output, is general information for convenience only. It is not legal advice, tax advice, accounting advice, or any other professional advice, and it is not a substitute for advice from a licensed attorney, accountant or other professional who knows your association, its governing documents and the law where you are.

Laws, deadlines and requirements differ by state, county, city and association, change frequently, and depend on facts we do not know. Dates the service calculates may be wrong. Templates may not fit your situation or satisfy your state’s requirements. Citations may be outdated or misread. You agree to verify every deadline, requirement, letter, notice, filing and citation against your governing documents, current law and, where appropriate, qualified counsel before relying on it.

No attorney–client, accountant–client, fiduciary or confidential professional relationship is created by your use of the service, by any content in it, or by any communication with us.

Some features use large language models and other automated systems provided by third parties (“AI features”). AI features can and do produce output that is inaccurate, incomplete, outdated, biased, fabricated or misleading, including invented rules, sections, statutes, case names, dates, dollar amounts, names and quotations (“hallucinations”), while sounding confident and authoritative. Output may also fail to reflect your actual governing documents even when they were provided.

You agree that (a) all AI output is a draft or a suggestion only; (b) you will independently review and verify every AI output before you rely on it, act on it, send it, publish it, or use it in any decision, notice, letter, vote, fine, enforcement action, filing or communication; (c) you will not treat AI output as legal, tax, accounting or professional advice; and (d) you are solely responsible for any use of AI output and for any decision, action, omission or communication based on it.

Content you provide to AI features (documents, questions, transcripts, recordings, ledger data) may be sent to third-party AI providers to produce the output. You are responsible for having the right to provide that content and for not providing content you are not permitted to share. AI features may be metered, limited, capped, paused or discontinued at any time.

To the fullest extent permitted by law, we disclaim all liability for AI output and for anything done or not done in reliance on it.

When you send letters, notices, emails, announcements, reminders, messages or (when available) text messages through the service, you are the sender. You are solely responsible for their content, timing, recipients, delivery, legality and consequences, including compliance with your governing documents, state and federal law, and rules on electronic notice, fair housing, fair debt collection, consumer protection, privacy, unsolicited messages and telephone or text communications (for example, and without limitation, the CAN-SPAM Act, the Telephone Consumer Protection Act, the Fair Debt Collection Practices Act, the Fair Housing Act and their state equivalents).

We do not guarantee that any message will be delivered, delivered on time, read, or legally effective as notice. Where your governing documents or the law require a particular form of notice (for example, mailed notice, certified mail, personal delivery, or consent to electronic delivery), obtaining and documenting it is your responsibility.

You may upload, import, paste or enter information about homes, owners, tenants, residents, board members, vendors and others, including names, addresses, emails, phone numbers, ownership records, dues, violations and applications (“Community Data”). You represent that you have the right and any consent or authority required to collect, hold, upload and use the Community Data in the service, that doing so complies with your governing documents and applicable privacy, data protection and consumer laws, and that the Community Data is accurate to the best of your knowledge.

We process Community Data on your behalf to provide the service. Import tools, including AI-assisted mapping and clean-up, may misread, merge, split, mislabel or omit records; you agree to review imported records and correct them. Undo and restore tools are provided as a convenience and are not guaranteed to reverse every effect of an import.

Between you and us, the association owns its Community Data. You grant us the rights needed to host, process, transmit, back up, display and otherwise use Community Data to provide, secure, support and improve the service, and to comply with law. We may use aggregated or de-identified information that does not identify an association or a person for any purpose.

You are responsible for the security of your credentials, for who you invite into your community’s portal, for the permissions you give them, and for all activity under your accounts. Notify us promptly of any suspected unauthorized access.

Tools for agendas, minutes, quorum, motions, ballots, elections, architectural review, violations, fines, dues, assessments and resale packets are tools only. Whether any meeting, notice, vote, election, decision, fine, lien, enforcement step, statement, balance or document is valid, enforceable, accurate, timely or compliant depends on your governing documents, applicable law and facts we do not control, and is entirely your responsibility. The service’s records are not the official record of the association unless you choose to adopt them as such, in which case you remain responsible for their accuracy and preservation.

The service does not provide banking, escrow, accounting, collection or money-transmission services. Online dues payments, where an association turns them on, are processed by Stripe, Inc. on the association’s own Stripe account and under Stripe’s terms: the association is the merchant, the money settles directly to the association’s bank account, and HOAxis never receives, holds or controls it. The association is solely responsible for its Stripe and bank accounts, payouts, refunds, disputes, chargebacks, returned or failed payments, fees and taxes, and for deciding what may be paid online.

Any figures the service shows, including balances, payments applied, late fees, budgets and totals, are computed from what you entered and what the payment processor reported, and may be wrong; reconcile them against your own books and your Stripe records.

During the beta the service, including every plan feature, is provided free of charge and no platform fee is taken on online payments. After the beta, the Free plan is available to communities up to the number of homes stated on the pricing page, and the Board plan is charged at the price stated on the pricing page at the time of purchase, based on the number of homes in your registry; you authorize us to adjust the charge as your registry changes. We may introduce or change paid plans, paid add-ons (including AI features and text messaging), usage limits and platform fees at any time, with notice on the service. Where a feature is described as “future”, “planned”, “coming” or “under development”, no promise is made that it will ever be offered, or offered on any particular terms, and no reliance should be placed on it.

After the beta, HOAxis charges a platform fee on each successful online dues payment, in the amount shown in the portal. It is collected through Stripe from the payment. Stripe’s own processing fees are separate, are charged to the association’s Stripe account and are set by Stripe.

Any fees you agree to pay are as stated at the time of purchase, non-refundable except as required by law or expressly stated, and exclusive of taxes.

You agree not to use the service to violate any law or anyone’s rights; to harass, discriminate against, defame or threaten anyone; to send unsolicited, deceptive or unlawful communications; to upload malicious code; to attempt to gain unauthorized access to any account, system or data; to scrape, resell, sublicense or provide the service to third parties outside your association; to reverse engineer the service except where the law permits; or to interfere with its operation or security. We may remove content and suspend or terminate access for any violation.

The service relies on third parties for hosting, databases, email delivery, AI models, payments, document conversion and other functions, and may link to third-party sites and resources. We are not responsible for third-party services, their availability, security, accuracy, terms or privacy practices, or for anything that happens through them. Your use of a third-party service may be subject to that party’s terms.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE, ALL CONTENT, ALL AI OUTPUT, ALL TEMPLATES, ALL CALCULATIONS AND ALL DATA ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, TIMELINESS, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, USAGE OR TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DATA WILL BE PRESERVED, THAT ANY DEADLINE, RULE, CITATION, TEMPLATE, FIGURE OR AI OUTPUT WILL BE CORRECT, OR THAT ANY ACTION TAKEN USING THE SERVICE WILL BE LEGALLY VALID OR EFFECTIVE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICE CREATES ANY WARRANTY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, FOR YOURSELF AND FOR THE ASSOCIATION, ITS BOARD, OFFICERS, COMMITTEES, MEMBERS, OWNERS, RESIDENTS, SUCCESSORS AND ASSIGNS, HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE HOAXIS AND ITS OWNERS, FOUNDERS, OPERATORS, VOLUNTEERS, CONTRIBUTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, AFFILIATES, SUCCESSORS AND ASSIGNS (THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, FINES, PENALTIES, JUDGMENTS AND CAUSES OF ACTION OF EVERY KIND, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE OR YOUR USE OF OR INABILITY TO USE IT, INCLUDING WITHOUT LIMITATION CLAIMS ARISING FROM OR RELATED TO:

• any missed, miscalculated, misstated or misunderstood deadline, filing, notice period, meeting requirement, election requirement, tax, fee, fine, penalty, renewal, insurance, registration or other obligation, and any resulting late fees, penalties, interest, loss of good standing, dissolution, lapse or default;
• any error, omission, inaccuracy or unsuitability in any template, letter, notice, guide, checklist, rule summary, state panel, citation, calculation, balance, statement, report or other content;
• any AI output, including hallucinated, fabricated, inaccurate, incomplete, outdated, biased or misleading information, and any decision, action, omission, communication, notice, fine, enforcement step, vote or filing made in reliance on it;
• any meeting, notice, vote, election, ballot, quorum determination, decision, fine, lien, assessment, enforcement action, architectural decision, violation finding or resale document that is later found to be invalid, unenforceable, untimely, procedurally defective or non-compliant;
• any message, email, letter, announcement, reminder or text that is not sent, not delivered, delivered late, delivered to the wrong recipient, or not legally effective as notice, and any communication that violates any law or rule;
• any loss, corruption, alteration, disclosure, unauthorized access to, or unavailability of Community Data or other data, including through import, export, undo, restore, deletion, error, outage, attack or third-party failure;
• any dispute, claim, complaint, harassment, discrimination or fair-housing allegation, defamation claim, privacy or consumer-protection claim, or other proceeding brought by or against any owner, resident, tenant, vendor, board member, government body or other person in connection with your use of the service;
• any personal information, ledger, roster or content you or your users upload, import, enter, send or share, including any lack of consent or authority to do so;
• any act or omission of any third-party service, provider, model, network, host or contractor;
• any suspension, limitation, change, discontinuation or unavailability of the service or any feature, including any feature described as future, planned or under development;
• any reliance on the service as a management company, law firm, accountant, election administrator, collector, insurer, fiduciary or professional of any kind;
• any bodily injury, property damage, emotional distress, financial loss, loss of reputation, loss of data, loss of business, loss of goodwill or other harm of any kind, to any person, however caused; and
• the negligence (but not the fraud or willful misconduct, to the extent the law does not permit its release) of any Released Party.

You understand that you may later discover facts or claims different from or in addition to those now known, and you agree that this release applies to them anyway. IF YOU ARE A CALIFORNIA RESIDENT OR THE ASSOCIATION IS LOCATED IN CALIFORNIA, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You likewise waive the benefit of any similar statute, rule or doctrine of any other state, territory or jurisdiction that would limit the scope of a general release.

This release is intended to be as broad and inclusive as the law of the applicable jurisdiction allows. If any part of it is held invalid, the rest continues in full force.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSS, OR FOR ANY FINES, PENALTIES, LATE FEES, INTEREST, ATTORNEYS’ FEES OR COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED U.S. DOLLARS (US$100). THIS CAP APPLIES COLLECTIVELY TO ALL CLAIMS AND ALL RELEASED PARTIES AND IS NOT ENLARGED BY MULTIPLE CLAIMS, CLAIMANTS OR THEORIES.

The disclaimers, release and limitations in these Terms are fundamental elements of the bargain and apply even if any remedy fails of its essential purpose. Some jurisdictions do not allow certain disclaimers or limitations; in those jurisdictions they apply to the maximum extent permitted and the rest of these Terms remain in effect.

To the fullest extent permitted by law, you and the association will defend, indemnify and hold harmless the Released Parties from and against any and all claims, demands, suits, proceedings, liabilities, damages, losses, fines, penalties, costs and expenses (including reasonable attorneys’ fees) arising out of or related to: your use of the service; Community Data and other content you provide; communications you send; decisions, actions, omissions, notices, votes, elections, fines, enforcement actions, filings or transactions made or carried out with the help of the service; any reliance on AI output or other content; your breach of these Terms or of any law or third-party right; and any claim by an owner, resident, tenant, vendor, board member, government body or other person relating to any of the foregoing. We may participate in the defense with counsel of our choosing at our expense, and you will not settle any claim that imposes obligations on us without our written consent.

The service is offered to associations and their representatives for organizational purposes and not to consumers for personal, family or household purposes. To the extent any consumer protection, unfair trade practice or similar law is nonetheless held to apply, these Terms apply to the fullest extent that law permits.

Some states, including without limitation California, New Jersey, New York, Washington and others, do not allow the exclusion or limitation of certain warranties, liabilities or damages, do not enforce certain releases of negligence, or require particular notices. In those states the disclaimers, releases and limitations in these Terms apply only to the extent permitted, our liability is limited to the smallest amount permitted, and nothing in these Terms limits any right that cannot be limited under applicable law. If you are in New Jersey, the provisions of these Terms concerning warranties, liability, releases and indemnification apply to the fullest extent permitted by New Jersey law. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Association law differs by state (for example, Ohio’s Planned Community Law and Condominium Property Act, Colorado’s Common Interest Ownership Act, Florida’s Chapters 718 and 720, California’s Davis-Stirling Act, Texas Property Code Chapters 202 and 209, and many others). The service does not warrant compliance with any of them. You are responsible for compliance with the law of your state and locality.

Governing law. These Terms and any dispute arising out of or related to them or the service are governed by the laws of the State of Colorado and applicable United States federal law, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs the arbitration agreement below.

Informal resolution first. Before starting any proceeding, you agree to write to us describing the dispute and to work with us in good faith for at least 60 days to resolve it.

Binding arbitration. Except for the exceptions below, any dispute, claim or controversy arising out of or related to these Terms, the service, or the relationship between the parties, including its existence, validity, scope and enforceability, will be resolved by final and binding arbitration administered by the American Arbitration Association under its rules then in effect, before a single arbitrator. The arbitrator may award the same individual relief a court could, must follow these Terms, and has no authority to award relief to anyone other than the individual party seeking relief. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver. YOU AND WE EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING, AND EACH WAIVES ANY RIGHT TO A JURY TRIAL TO THE EXTENT PERMITTED BY LAW. If this waiver is found unenforceable as to a particular claim, that claim will proceed in court, and the rest of this section remains in effect.

Exceptions. Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive or other equitable relief in court to protect intellectual property or the security of the service.

Opt-out. You may opt out of the arbitration agreement by emailing us within 30 days after first accepting these Terms, stating clearly that you opt out of arbitration and naming the association. Disputes not subject to arbitration will be brought exclusively in the state or federal courts located in Colorado, and you consent to their jurisdiction and venue.

Time limit. To the extent permitted by law, any claim must be brought within one year after it arises, or it is permanently barred.

You may stop using the service and ask us to close your community’s account at any time. We may suspend or terminate access at any time, with or without cause or notice. After termination we may delete Community Data after a reasonable period; export it beforehand. Sections 4 through 8 and 12 through 21, and any other provision that by its nature should survive, survive termination.

We may change these Terms from time to time. We will post the new version with a new effective date, and for material changes we will make reasonable efforts to notify you through the service or by email. Continued use after the effective date means you accept the new Terms. The version you accepted, and when, is recorded with your community.

These Terms, together with any policies referenced in them, are the entire agreement between you and us about the service and supersede all prior or contemporaneous agreements and understandings. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions remain in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our consent; we may assign them freely. We are not liable for delays or failures caused by events beyond our reasonable control. Notices to you may be given through the service or to the email on your account. Headings are for convenience only. The English version of these Terms controls.

Questions about these Terms, requests to opt out of arbitration, and notices of disputes should be sent to the feedback address shown in the portal.