TrueHOA Terms of Service and Privacy Policy
1. Acceptance of Terms
By accessing or using the TrueHOA platform (the "Service"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree with any part of these Terms, you must not use the Service.
These Terms apply to both HOA administrators (including board members, property managers, and staff) and residents (including owners and tenants who access the platform).
2. Service Overview
TrueHOA provides digital tools for homeowner associations (HOAs) to conduct governance activities such as voting, document distribution, and meeting coordination. We act solely as a neutral software provider and do not offer legal advice or oversight.
You understand and agree that TrueHOA does not provide legal advice and that any governance action conducted through the platform should be reviewed for compliance with local statutes, governing documents, and procedural rules. Users are solely responsible for legal validity and enforcement.
TrueHOA is not responsible for the legal validity, timing, content, or consequences of any action taken by an HOA based on or through the platform.
3. Eligibility
You must be at least 18 years old to use the Service. By using the platform, you represent that you have the authority to act on behalf of your HOA (if you are an administrator) or that you are an eligible resident with authorised access (if you are a resident user).
4. License to Use
TrueHOA grants you a limited, non-exclusive, non-transferable license to access and use the Service solely for lawful participation in HOA-related activities. Any resale, sublicensing, or distribution is strictly prohibited. This license is revocable at any time at our sole discretion, and all rights not expressly granted are reserved by TrueHOA.
5. User Conduct
You agree not to:
- Use the Service for any unlawful, deceptive, or fraudulent purpose;
- Interfere with the integrity or performance of the Service;
- Access the Service using automated means without our written permission;
- Upload or distribute malware or any harmful content;
- Misrepresent your identity or authority within your HOA.
6. Content Responsibility
You retain all ownership rights to the content you submit. However, you grant TrueHOA a non-exclusive license to host, store, and display that content for the purpose of operating the Service. You are solely responsible for the legality, accuracy, and appropriateness of any content shared. TrueHOA disclaims any liability arising from the submission, hosting, or sharing of content by users.
7. Privacy Policy
We collect personal information submitted by HOA administrators and residents, including names, email addresses, unit numbers, and voting logs, to deliver governance and related services.
This information may be used to provide, improve, and secure our services, as well as to analyse trends, enhance user experience, develop products, and support lawful business initiatives. We may also use such data, including contact data, for commercial outreach or offer-based services when allowed by law.
While we do not sell your personally identifiable information in the traditional sense, we reserve the right to monetise de-identified, pseudonymised, or aggregated data in accordance with legal standards. Additionally, certain limited contact data may be shared with affiliates or third parties for partnership, analytics, or targeted engagement purposes, subject to appropriate contractual and confidentiality obligations.
Your information is protected with encryption and secure storage, and access is restricted based on role and necessity.
You may request access to or deletion of your personal data by contacting us at [email protected]. Requests will be fulfilled as required under applicable laws. We retain data for only as long as reasonably necessary for legitimate business or legal purposes.
If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) or California Privacy Rights Act (CPRA), including the right to know, access, delete, and opt out of the sale or sharing of personal information. You may exercise these rights through our designated opt-out mechanisms or by contacting us.
We require affirmative consent via checkbox or platform agreement at the time of signup or material update. By using the Service, you acknowledge and agree to these terms.
8. Data Security
We implement commercially reasonable safeguards to protect your information. However, no system is 100% secure. You acknowledge that you provide information at your own risk.
9. Limitation of Liability
To the maximum extent permitted by applicable law, TrueHOA, its parent company, affiliates, directors, officers, employees, contractors, licensors, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, goodwill, use, data, or other intangible losses.
TrueHOA provides its platform "AS IS" and "AS AVAILABLE," without warranties of any kind. TrueHOA is not responsible for the accuracy, legality, or enforceability of any vote or election conducted through the Service.
In no event shall our total liability exceed $100 USD or the amount paid to us in the preceding 12 months.
To the fullest extent permitted by law, you waive any right to seek indirect, consequential, special, or exemplary damages, and agree that your sole and exclusive remedy for dissatisfaction is to stop using the Service. We are not liable for any delay, interruption, or loss of data or access resulting from system failure, maintenance, cyberattack, force majeure, or third-party interference.
10. Indemnification
You agree to defend, indemnify, and hold harmless TrueHOA and its affiliates from any claims, liabilities, damages, losses, or expenses arising out of or in any way connected with your use of the Service, your violation of these Terms, or your infringement of any third-party rights including but not limited to claims related to content submissions, elections, unauthorised access, third-party disputes, or failure to comply with HOA bylaws.
11. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Delaware. Any disputes shall be resolved in the state or federal courts located in New Castle County, Delaware.
12. Changes to Terms
We may update these Terms at any time. We will notify you of material changes by email or platform notice. Continued use of the Service after changes indicates acceptance. We will make reasonable efforts to provide at least 7 days’ notice before material changes take effect.
13. Termination
We reserve the right to suspend or terminate your access if you violate these Terms or misuse the Service. Upon termination, your right to use the Service ceases immediately.
14. Third-Party Services
Our Service may interoperate with third-party platforms (e.g., email services, payment providers, document clouds). We do not control or assume responsibility for the performance, reliability, or compliance of third-party systems. TrueHOA disclaims liability for any breach, misuse, or noncompliance arising from third-party services, including those used for data storage, transmission, or communication.
15. Arbitration and Class Action Waiver
Any disputes arising from or related to these Terms or the use of the Service shall be resolved through binding arbitration administered by the American Arbitration Association in New Castle County, Delaware. You agree to waive any right to a jury trial or to participate in a class action or class-wide arbitration.
16. Contact Us
For questions about these Terms or our Privacy Policy, email us at [email protected].
17. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.