Terms of Service

These Terms of Service constitute a legally binding agreement between HOACart.ai and you ("You" or "Your"), on behalf of or at the authorization or invitation of an entity ("Subscriber"), concerning Your access to and use of the Services. Certain sections apply only to specific features. By accessing the Services or clicking to accept, You agree to these Terms and to comply with all applicable laws. IF YOU DO NOT AGREE, YOU ARE PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms posted on the Services are incorporated by reference. We reserve the right to revise these Terms at any time. Changes will be posted with an updated Effective Date; continued use constitutes acceptance. You are responsible for reviewing changes and notifying Your members.

1. About Our Services

HOACart.ai is a technology platform that facilitates the creation, management, and distribution of condominium, co-op, and homeowners association documentation, including but not limited to Fannie Mae Form 1076 questionnaires and related certificates. Our platform connects HOA management companies, lenders, real estate professionals, and property owners to streamline document requests and fulfillment.

For developments that include unit ownership (such as condos or co-ops), association information (including relevant certifications, questionnaires, or related documents) may be shared with our affiliates or third-party service providers as necessary to provide services that lenders or other parties require, such as HOA Certifications or similar compliance documentation. You represent that You have the authority to consent to such sharing on behalf of the Subscriber and that such sharing complies with applicable laws.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without prior notice.

2. Intellectual Property Rights

You acknowledge that HOACart.ai, or third parties other than You, as applicable, own all rights, title, and interest in and to the Services including all Intellectual Property Rights, and portions thereof, including, but not limited to, all source code, databases, functionality, software, website designs, audio, video, text, information, data, photographs, graphics and the design, selection and arrangement thereof (collectively, the "Content"), as well as the trademarks, logos and service marks ("Marks") displayed on the Website or through the Services.

"Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law and any and all other proprietary rights, and any and all applications, renewals, extensions, and restorations thereof, now or hereafter in force and effect worldwide.

You acknowledge and agree that no title to any Intellectual Property Rights of HOACart.ai or such third parties is transferred to You, and that You do not obtain any rights or licenses, express or implied, in the Content or Services other than the rights and licenses expressly granted in these Terms of Service. You are prohibited from using any Marks for any purpose including, without limitation, use as metatags on other pages or Websites on the World Wide Web without the written permission of HOACart.ai or such third party that may own the Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of these Terms of Service and Your right to use the Content or Services will terminate immediately.

HOACart.ai retains and shall continue to own all right, title, and interest in and to the Services, the System, and the Software, including all associated Intellectual Property Rights. You hereby irrevocably assign, transfer, and convey to HOACart.ai all right, title, and interest in and to any and all: (a) derivative works, improvements, modifications, enhancements, or customizations to the Software or System created by or on behalf of You; (b) feedback, suggestions, ideas, or recommendations provided to HOACart.ai regarding the Services; (c) data models, algorithms, or methodologies developed using the Software or Your Data; (d) any intellectual property rights arising from Your use of the Services.

3. License

Subject to Your compliance with these Terms of Service, HOACart.ai grants You a non-exclusive, non-assignable, non-transferable, revocable right and license to access and use the Services in accordance with these Terms of Service and any notice sent by HOACart.ai or condition posted on the Website. You must only use the Services as directed in the tutorials on the Website or as expressly permitted by HOACart.ai.

Your right to access and use the Website is limited to access and use with the particular user roles available to You according to the subscription type of the Subscriber under which You are accessing the Website. Your use of the Services is for Subscriber's internal business use.

HOACart.ai reserves all rights not expressly granted to You in and to the Services, Content, Website, and Marks. Except as set out in this Section or elsewhere in these Terms of Service, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without HOACart.ai's express prior written permission.

If You wish to make any use of the Services, Content, or Marks other than as set out in this Section or elsewhere in these Terms of Service, please address Your request to: [email protected].

4. Laws and Regulations

Your access to and use of the Services is subject to all applicable international, federal, state, and local laws and regulations. HOACart.ai provides the Services for use by persons located in the United States. You may not use the Services or any Content, information, or data available at or through the Services, in violation of, or to violate, any law, rule, or regulation.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if Your use would be subjected to such laws, You may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

You agree to comply with all applicable State Privacy Laws in connection with Your use of the Services.

5. User Registration

You may be required to register to use the Services including providing certain details about You and the entity on behalf of which You are accessing the Services. It is a condition of Your use of the Services that all the information You provide on the Website is correct, current, and complete.

HOACart.ai is not responsible or liable for any processing delays or damages which may result from any delays in the Services or Your enrollment therein. The username (which may be an email address) and password provided in the enrollment confirmation email will be that which is assigned to the Primary Administrator for Your account (the "Primary Administrator").

You must ensure that all usernames and passwords required to access the Services or any other piece of information as part of HOACart.ai's security procedures are kept secure and confidential. Access to and use of password-protected and secure areas of the Website and the Services are restricted to authorized users only. You are solely responsible for all activity occurring under the usernames and passwords for Your account.

HOACart.ai has the right to remove, reclaim, change, or disable any username, password, or other identifiers, whether chosen by You or provided by HOACart.ai, at any time in HOACart.ai's sole discretion for any or no reason.

6. User Representations

By using the Services, You represent and warrant that: (1) all registration information You submit will be true, accurate, current, and complete; (2) You will maintain the accuracy of such information and promptly update such registration information as necessary; (3) You have the legal capacity and You agree to comply with these Terms of Service; (4) You are not a minor in the jurisdiction in which You reside; (5) You will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) You will not use the Services for any illegal or unauthorized purpose; and (7) Your use of the Services will not violate any applicable law or regulation.

If You provide any information that is untrue, inaccurate, not current, or incomplete, HOACart.ai has the right to suspend or terminate Your account and refuse any and all current or future use of the Services (or any portion thereof).

7. Relationship Between You, Subscriber, and Authorized Users

You may use the Services on behalf of Subscriber in order to provide services to other persons or entities. You hereby warrant (1) that You are authorized to use the Services on behalf of Subscriber, (2) that Subscriber complies with and accepts all terms of this Agreement that apply to You, and (3) that you have the authority to bind Subscriber to this Agreement.

If Your use of the Services requires You to authorize or invite users (e.g., HOA members) to access or use the Services on behalf of Subscriber (each an "Authorized User," and collectively, "Authorized Users"), You understand and agree that Authorized Users must agree to these Terms of Service before being granted such access. You acknowledge and agree that:

• Subscriber determines who is an Authorized User and what level of user role access to the relevant organization and Services that Authorized User has;
• Subscriber is responsible for all Authorized Users' use of the Services and Content;
• Subscriber controls each Authorized User's level of access to the relevant organization and Services at all times and can revoke or change an Authorized User's access, or level of access, at any time and for any reason;
• If there is any dispute between Subscriber and You or Subscriber and an Authorized User regarding access to any Content or Services, Subscriber shall decide what access or level of access to the relevant Data or Services that You or the Authorized User shall have, if any;
• As between You and Subscriber, Subscriber owns all User Data provided by You or Subscriber's Authorized Users to HOACart.ai.

8. Purchases and Payment

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that HOACart.ai can complete Your transactions and contact You as needed. Sales tax will be added to the price of purchases as deemed required by HOACart.ai. HOACart.ai may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for Your purchases and any applicable shipping fees, and You authorize HOACart.ai to charge Your chosen payment provider for any such amounts upon placing Your order. If Your order is subject to recurring charges, then You consent to HOACart.ai charging Your payment method on a recurring basis without requiring Your prior approval for each recurring charge, until You cancel the applicable order.

All fees due in connection with the Services are non-refundable, whether such fees are set-up fees, transaction fees, monthly subscription fees, or other fees. Set-up fees, if any, are due upon activation of Your HOACart.ai account.

All sums not paid when due (as a result of non-sufficient funds ("NSF") or for any other reason) shall be subject to the NSF fee stated in Your Merchant/Service Application. Additionally, HOACart.ai reserves the right to accrue interest daily at the monthly rate of the lesser of 1.50% or the highest rate permissible by law on the unpaid balance until paid in full.

Fees may be adjusted annually during any Renewal Term by up to five percent (5%) or the Consumer Price Index increase, whichever is greater. Customer shall reimburse HOACart.ai for all reasonable out-of-pocket expenses incurred in providing on-site implementation, training, or support services, including travel, lodging, and meals.

9. Delivery of Bank Transaction Data

Where available, automated bank account transaction data feeds are generally provided to You free of charge. However, HOACart.ai reserves the right to pass on any charges related to the provision of bank feed data on a case-by-case basis at HOACart.ai's sole discretion. HOACart.ai would first inform You via email to indicate what those charges are likely to be. You have the option to decide to discontinue the use of automated bank feeds at any time.

10. Free Trial

If you are a first-time user of the Services, You may be allowed to sign up for a free trial to access the Services for evaluation purposes only under the then-defined trial conditions. You are under no obligation to continue to use the Services after Your trial period ends. If You choose to continue using the Services after the trial period has ended, then the subscription term will run for an initial one-month term from the last day of the trial period, and You will be billed from the day after the trial period ends. If not canceled by the end of the initial one-month term, the subscription term will automatically renew for successive one-month terms.

11. Prohibited Activities

You may not access or use the Services for any purpose other than that for which HOACart.ai makes the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by HOACart.ai. As a user of the Services, You agree not to:

• Systematically retrieve Content or other data from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from HOACart.ai.
• Trick, defraud, or mislead HOACart.ai and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services.
• Disparage, tarnish, or otherwise harm HOACart.ai and/or the Services.
• Use any information obtained from the Services to harass, abuse, or harm another person.
• Make improper use of HOACart.ai's support services or submit false reports of abuse or misconduct.
• Use the Content or Services in a manner inconsistent with any applicable laws or regulations.
• Upload or transmit viruses, Trojan horses, or other material that interferes with the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Attempt to impersonate another user or person or use the username of another user.
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of HOACart.ai's employees or agents.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services.
• Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Use any Confidential Information, data insights, or knowledge gained from the Services to develop competing products.
• Assist any third party in developing competing products or services.
• Reverse engineer, analyze, or study the Services for the purpose of developing competitive functionality.
• Use the Services or any data derived therefrom to train artificial intelligence models or machine learning algorithms intended for competitive purposes.
• Deploy artificial intelligence agents, chatbots, machine learning algorithms, neural networks, AI systems or other automated systems to systematically extract, analyze, or process data from the Services.
• Create automated workflows that circumvent normal user interface limitations or access controls.
• Engage in high-frequency automated API calls designed to extract maximum data in minimum time.
• Deploy competitive intelligence gathering tools or systematic market research automation.

12. User Generated Submissions and Contributions

By directly sending HOACart.ai any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), You agree to assign and do hereby assign to HOACart.ai all intellectual property rights in such Submission. You agree that HOACart.ai shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to You.

The Services may invite You to chat, contribute to, or participate in blogs, message boards, online forums, communication tools, and other functionality (collectively, "Contributions"). By posting Contributions, You represent and warrant that:

• The creation, distribution, transmission, public display, or performance of Your Contributions do not infringe the proprietary rights of any third party.
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use Your Contributions.
• You have the written consent, release, and/or permission of each identifiable individual person in Your Contributions.
• You will not post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, or otherwise objectionable.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited advertising, promotional materials, spam, or solicitation.
• Your Contributions do not violate the privacy or publicity rights of any third party.

You retain ownership of content you submit to our platform. However, by submitting content, you grant us a worldwide, royalty-free, non-exclusive license to use, process, store, and display such content as necessary to provide our services. HOACart.ai may anonymize and aggregate data for its own use, provided it does not identify You.

13. Contribution License

By posting Your Contributions to any part of the Services, You automatically grant, and You represent and warrant that You have the right to grant, to HOACart.ai an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, distribute, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and exploit such Contributions for any purpose, commercial, advertising, or otherwise.

HOACart.ai does not assert any ownership over Your Contributions. You retain full ownership of all of Your Contributions and any intellectual property rights or other proprietary rights associated with Your Contributions. HOACart.ai has no obligation to monitor Your Contributions.

14. Third-Party Services

Our platform may integrate with or contain links to third-party services, including payment processors and document storage providers. These third parties have their own terms and privacy policies. We are not responsible for the practices or content of third-party services, and your use of such services is at your own risk.

HOACart.ai may use third-party subcontractors to provide portions of the Services. HOACart.ai remains responsible for such subcontractors' compliance with this Agreement, but disclaims liability for their acts or omissions.

15. Services Management

HOACart.ai reserves the right, but not the obligation, to: (1) monitor the Services for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in HOACart.ai's sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities; (3) in HOACart.ai's sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of Your Contributions or any portion thereof; (4) in HOACart.ai's sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to HOACart.ai's systems; and (5) otherwise manage the Services in a manner designed to protect HOACart.ai's rights and property and to facilitate the proper functioning of the Services.

16. Duration and Termination

Subscriptions are month-to-month unless otherwise specified in Your account or order. You may cancel Your subscription at any time with no termination fee or penalty. Cancellation takes effect at the end of the current billing period (no prorated refunds for partial months). We may terminate or suspend access at any time for violation of these Terms or non-payment, with notice where required by law.

Upon cancellation or termination (for any reason):

• Your access to the Services ends immediately or at the end of the billing period.
• We will retain Your data for up to 30 days after cancellation or termination to allow You to export or retrieve it (if supported by the platform). After 30 days, we may permanently delete or anonymize the data without further liability, unless required by law to retain it longer.
• Provisions that by their nature should survive (e.g., IP rights, indemnification, limitations of liability) remain in effect.

There are no early termination fees, and You may cancel anytime without additional charges beyond accrued fees up to the cancellation effective date.

17. Disclaimer of Warranties

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.

18. Limitation of Liability

These limitations apply regardless of the legal theory on which the claim is based and even if we have been advised of the possibility of such damages.

19. Indemnification

You agree to indemnify, defend, and hold harmless HOACart.ai and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising from: (a) your use of our services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content you submit to our platform.

HOACart.ai shall indemnify You for claims that the Services infringe third-party IP, subject to prompt notice and control of defense.

20. Dispute Resolution

Any dispute arising from these Terms or your use of our services shall be resolved through the following process:

Informal Resolution: Before initiating formal proceedings, you agree to contact us at [email protected] to attempt to resolve the dispute informally within 30 days.

Jurisdiction: If informal resolution fails, any legal action shall be brought exclusively in the state or federal courts located in Orange County, California. You consent to the personal jurisdiction of these courts and waive any objection based on inconvenient forum.

21. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

22. Changes to Terms

We may update these Terms from time to time. When we make material changes, we will notify you by posting the updated Terms on our website and updating the "Effective Date." Your continued use of our services after changes become effective constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.

23. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

24. Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements you enter into with us, constitute the entire agreement between you and HOACart.ai regarding your use of our services. These Terms supersede any prior agreements or understandings, whether written or oral.

25. Contact Information

If you have questions about these Terms or our services, please contact us: