Terms of Service

About Hoams

Hoams, Inc. ("Hoams," "we," "us," or "our") operates an online platform designed to help homeowners associations ("HOAs") manage communications, community engagement, administrative records, vendor relationships, and dues collection. Our platform is accessible via the Hoams web application and related services (collectively, the "Platform" or "Services").

These Terms of Service ("Terms") form a legally binding agreement between you and Hoams, Inc. governing your access to and use of the Platform. By creating an account, accepting an invitation to join a community, or otherwise using any part of our Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are accessing Hoams on behalf of a homeowners association, corporation, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" shall mean that entity.

Definitions

"Community"

A homeowners association, condominium association, planned unit development, or similar residential community organization that has registered to use the Hoams Platform.

"Account"

A registered profile created by an individual or entity to access and use the Platform.

"Administrator" or "Board Member"

A user designated with elevated privileges to manage a Community on the Platform, including the ability to invite residents, post official announcements, manage documents, and configure billing settings.

"Resident" or "Member"

A homeowner, tenant, or occupant who has been added to or invited into a Community on the Platform by an Administrator.

"Community Feed"

The shared communication space within a Community where Administrators and Residents may post announcements, updates, and discussions visible to all Community members.

"Content"

Any text, images, files, documents, links, announcements, messages, or other materials posted, uploaded, or transmitted through the Platform by any user.

"Subscription"

A paid or free-tier service agreement granting a Community access to a defined set of Platform features, billed on a per-unit, per-month basis.

"Platform Data"

Data generated through use of the Platform, including aggregated and de-identified usage statistics, benchmark data, and community activity metrics.

Eligibility & Account Registration

Eligibility

You must be at least 18 years of age to create an account or use the Services. By registering, you represent and warrant that you meet this requirement and that you have the full legal capacity to enter into a binding agreement.

The Services are intended for use by residents, owners, and administrators of residential communities located in the United States. Use from outside the United States is permitted but subject to applicable local laws; Hoams makes no representation that the Platform is appropriate or available in all jurisdictions.

Account Creation

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You may not create an account using a false identity, impersonate another person, or create an account on behalf of a community without authorization.

Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify Hoams immediately at security@hoams.io if you suspect unauthorized access to your account. Hoams will not be liable for any loss or damage arising from your failure to safeguard your account credentials.

One Account Per Person

Each individual may maintain only one personal Hoams account. A person may be associated with multiple Communities, but may not create duplicate personal accounts. Community accounts are separate from individual resident accounts.

Description of Services

The Hoams Platform provides the following core features, subject to the Subscription tier applicable to your Community:

• Community Feed: A shared announcement and discussion board for community-wide communications.
• Direct & Group Messaging: Private one-to-one and group messaging between community members and board officers.
• Member Directory: A searchable directory of community residents with contact information shared in accordance with each member's privacy preferences.
• Document Library: Secure storage and retrieval of HOA governing documents, meeting minutes, financial reports, and other community records.
• Push & Email Notifications: Real-time alerts and digests for community updates, messages, and administrative actions.
• Dues & Billing (Core and Pro tiers): Tools for assessing, collecting, and tracking HOA dues and special assessments.
• Vendor Directory (Pro tier): A curated directory for community-preferred vendors and service providers.
• Reporting & Analytics (Pro tier): Usage and financial reports accessible to Administrators.

Hoams reserves the right to modify, add, or discontinue features at any time. Material changes to features available on paid Subscription tiers will be communicated with reasonable notice.

Subscriptions & Billing

Subscription Plans

Hoams offers tiered Subscription plans priced on a per-unit, per-month basis. Current plan details, pricing, and feature entitlements are available on our pricing page and may be updated from time to time with notice to existing subscribers.

Billing & Payment

Subscriptions are billed monthly or annually in advance. The Administrator who activates a paid Subscription is responsible for all fees associated with that Community's account. By providing payment information, you authorize Hoams to charge the applicable fees to your designated payment method on a recurring basis.

All fees are stated in U.S. dollars and are exclusive of applicable taxes. You are responsible for any taxes, levies, or duties imposed in connection with your use of the Services.

Refunds

Subscription fees are non-refundable except as required by applicable law or as explicitly stated in a written agreement with Hoams. Unused time on a downgraded or cancelled Subscription will not be refunded but may remain accessible until the end of the current billing cycle.

Free Trial

Hoams may offer a free trial period. At the end of the trial, your account will automatically convert to a paid Subscription unless you cancel before the trial end date. We will notify you before any trial-to-paid conversion.

Unpaid Fees

If payment is not received within 15 days of the due date, Hoams may suspend access to premium features. After 30 days of non-payment, Hoams may terminate the Community's account. Outstanding balances accrue interest at the lower of 1.5% per month or the maximum rate permitted by law.

Changes to Pricing

Hoams may modify Subscription pricing with at least 30 days' advance notice to existing subscribers. Continued use of the Services after a pricing change takes effect constitutes acceptance of the new pricing.

Acceptable Use Policy

Permitted Use

You may use the Hoams Platform solely for lawful purposes consistent with the management, communication, and administration of residential homeowners associations. All use must comply with these Terms, our Community Guidelines, and all applicable federal, state, and local laws.

Prohibited Conduct

You agree not to use the Platform to:

• Harass, bully, threaten, intimidate, or defame any person, resident, board member, or vendor;
• Post content that is discriminatory on the basis of race, color, religion, sex, national origin, disability, familial status, or other protected characteristics, including in violation of the Fair Housing Act or similar laws;
• Share false, misleading, or fraudulent information about community finances, governance decisions, or other residents;
• Collect, store, or misuse personal data of other residents without their consent;
• Send unsolicited bulk messages, spam, or promotional communications unrelated to community management;
• Impersonate another resident, board member, property manager, or any Hoams employee;
• Upload or distribute malicious code, viruses, or any software intended to damage or disrupt the Platform;
• Use automated scripts, bots, scrapers, or other tools to extract data from the Platform without written authorization from Hoams;
• Attempt to gain unauthorized access to any portion of the Platform, another user's account, or Hoams' infrastructure;
• Sell, resell, rent, or sublicense access to the Platform to third parties;
• Use the Platform to operate a competing service or to benchmark the Platform in publications without Hoams' written consent;
• Circumvent, disable, or interfere with security features or access controls;
• Engage in any activity that violates state condominium, HOA, or property disclosure laws.

Fair Housing Compliance

All users — including board members when posting official communications — must comply with applicable fair housing laws. Hoams prohibits content that discriminates against, segregates, or otherwise restricts housing opportunities based on any protected class. Violations of this provision may result in immediate account suspension and referral to appropriate authorities.

Enforcement

Hoams reserves the right — but has no obligation — to monitor Content on the Platform for compliance with this policy. We may remove Content, issue warnings, or suspend or terminate accounts for violations at our sole discretion, with or without prior notice.

Community Feed & Messaging

Community Feed

The Community Feed is a semi-public space visible to all registered members of a given Community. Content posted to the Community Feed is not publicly accessible on the internet but is viewable by every registered member of that community, including future members who may be added after the Content is posted.

Administrators may pin announcements, moderate posts, and remove Content that violates these Terms or community rules. Hoams is not responsible for the accuracy, completeness, or appropriateness of Content posted by any user.

Direct & Group Messaging

Messages sent via Hoams' direct and group messaging features are delivered to designated recipients within the Platform. While Hoams encrypts messages in transit, Hoams is not an end-to-end encrypted messaging service. Hoams may access message content as needed to investigate reported violations, respond to lawful legal requests, or ensure Platform safety.

You should not use Hoams messaging to transmit sensitive personal data such as Social Security numbers, bank account details, passwords, or health information.

Notification Preferences

You may manage your notification preferences within your account settings. You cannot opt out of certain administrative or transactional messages (such as dues invoices, meeting notices, or security alerts) as these are considered part of the core Services.

Board Member & Administrator Responsibilities

Individuals designated as Administrators hold elevated trust on the Platform. By accepting an Administrator role, you agree to:

• Use Administrator privileges solely for the lawful governance and management of your Community;
• Ensure that resident invitations are sent only to individuals who are eligible members of your HOA;
• Comply with your HOA's governing documents, state HOA law, and all applicable regulations when using administrative features such as dues assessment, record-keeping, or broadcasting official notices;
• Not weaponize administrative tools (e.g., silencing, removing residents) for personal or political motivations unrelated to legitimate community management;
• Maintain accurate community billing and unit counts within the Platform for Subscription fee calculation purposes;
• Promptly notify Hoams if administrative credentials are compromised.

Hoams provides the Platform as a tool to facilitate governance. Hoams does not act as a property manager, licensed HOA manager, or legal advisor. Board members retain full fiduciary and legal responsibility for their community's governance decisions made through or outside the Platform.

Your Content

Ownership

You retain ownership of all Content you post, upload, or transmit through the Platform. By submitting Content, you grant Hoams a limited, non-exclusive, worldwide, royalty-free license to store, display, process, and transmit your Content solely as necessary to provide and improve the Services.

No AI Training

Hoams will not use Content you post (including messages, announcements, or documents) to train artificial intelligence or machine learning models for commercial sale to third parties, nor will we license your Content to third parties for such purposes without your explicit consent.

Aggregated Data

Hoams may use de-identified, aggregated Platform Data (e.g., anonymized benchmarks, usage statistics) that cannot reasonably identify you or your community to improve our Services, develop features, and publish industry insights. Such use does not constitute use of your identifiable Content.

Content Responsibility

You are solely responsible for the Content you post and its compliance with these Terms and applicable law. Hoams does not endorse any user Content and expressly disclaims all liability arising from user-generated Content.

Content Retention

Hoams will retain your Content for the duration of your Subscription and for a period of 90 days following account termination, after which Content may be permanently deleted. Administrators should export community records before cancelling their Subscription.

Data & Privacy

Hoams takes the privacy of HOA members seriously. Our collection, use, and protection of personal data is governed by our Privacy Policy, which is incorporated by reference into these Terms.

Resident Data in the Member Directory

Resident contact information displayed in the Member Directory is visible only to other verified members of the same Community. Residents control the visibility of their own profile data through their account privacy settings. Administrators may not export or share the Member Directory outside the Platform except as permitted by applicable HOA law and the resident's consent.

Financial Data

Payment card data submitted through the Dues & Billing feature is processed by Hoams' PCI-DSS compliant payment processor and is not stored on Hoams' servers. Hoams retains transaction records for reporting and dispute purposes.

Community Benchmark Data

Where applicable, Hoams may offer utility or cost benchmarking features. Participation is opt-in. Any data contributed to benchmarking pools is anonymized and subject to k-anonymity protections — data is only surfaced in comparison pools of five or more communities to prevent identification of any single community.

Law Enforcement Requests

Hoams will disclose user data to law enforcement or government agencies only when required by valid legal process (such as a subpoena, court order, or warrant), or when Hoams believes in good faith that disclosure is necessary to prevent imminent harm. We will attempt to notify affected users prior to disclosure unless prohibited by law.

Documents & Record-Keeping

The Document Library feature is provided as a convenience tool for storing and distributing community governance documents. While Hoams employs industry-standard security practices to protect stored documents, Hoams is not a legal records custodian and does not guarantee that documents stored on the Platform satisfy any specific statutory record-keeping obligation imposed on HOAs under state law.

Administrators are responsible for ensuring their community maintains legally compliant records in accordance with applicable state laws (including but not limited to state corporation codes, HOA statutes, and condominium acts). Hoams recommends communities maintain backup copies of all critical documents outside the Platform.

Hoams will not alter, delete, or modify documents uploaded by Administrators without authorization, except where Content violates these Terms or Hoams is required to do so by law.

Vendor Directory

The Vendor Directory feature (available on Pro tier) allows Administrators to add, list, and share information about vendors and service providers used by or recommended to the community. Hoams does not endorse, certify, license, or vouch for any vendor listed in any community's Vendor Directory. Listings are created and managed by Administrators at their sole discretion.

Hoams is not a party to any transaction between a Community and any vendor. Any agreements, disputes, or liabilities arising from vendor engagements are solely between the Community and the vendor. Hoams shall have no liability for the quality, safety, legality, or fitness of any service performed by a listed vendor.

Administrators must not list vendors in exchange for payment, incentives, or any form of kickback. Solicited commercial listings that are not genuine community recommendations are prohibited.

Dues & Payment Processing

The Dues & Billing feature (available on Core and Pro tiers) enables Administrators to create and send assessments and enables Residents to make payments through the Platform. Hoams facilitates these transactions through a third-party payment processor.

Administrator Obligations

Administrators who use the Dues & Billing feature represent that all assessments are duly authorized by the HOA's governing documents and applicable law. Hoams does not verify the legality or propriety of any assessment created on the Platform.

Resident Payments

Residents are responsible for ensuring payments are submitted accurately and on time. Hoams does not guarantee same-day processing of payments and is not responsible for late fees or penalties resulting from payment processing delays beyond Hoams' control.

Disputes

Billing disputes between Residents and the HOA (e.g., disputed assessments, alleged overcharges) are governed by the HOA's governing documents and applicable state law. Hoams is not an arbitrator of such disputes. Payment processing chargebacks initiated against Hoams in bad faith may result in account suspension and recovery of associated fees.

Payment Processor Terms

Use of the Dues & Billing feature is also subject to the terms and conditions of Hoams' third-party payment processor. By using this feature, you agree to comply with those terms.

Third-Party Services & Integrations

The Hoams Platform may integrate with or link to third-party services (such as payment processors, email delivery providers, push notification services, and calendar applications). Hoams does not control and is not responsible for third-party services, their availability, or their practices.

Your use of any third-party service accessed through or integrated with Hoams is subject to that third party's own terms of service and privacy policy. Hoams makes no warranties regarding third-party services and will not be liable for any loss or damage caused by your reliance on them.

If a third-party integration is discontinued, Hoams will endeavor to provide reasonable notice and, where possible, an alternative solution or export pathway for affected data.

Intellectual Property

Hoams IP

All rights, title, and interest in and to the Hoams Platform — including its design, software, features, trademarks, trade names, logos, and proprietary technology — are and will remain the exclusive property of Hoams, Inc. and its licensors. Nothing in these Terms transfers any ownership interest in Hoams IP to you.

Subject to your compliance with these Terms, Hoams grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purpose during the term of your Subscription.

Restrictions

You may not: (a) reverse engineer, decompile, disassemble, or attempt to derive the source code of the Platform; (b) copy, modify, or create derivative works of the Platform; (c) use the Hoams name, logo, or trademarks without prior written consent; or (d) frame or mirror any portion of the Platform without authorization.

Feedback

If you provide suggestions, feedback, or ideas regarding the Platform ("Feedback"), you grant Hoams a perpetual, irrevocable, royalty-free license to use, incorporate, and commercialize such Feedback without any obligation to you. You acknowledge that Feedback is provided voluntarily and that Hoams is not obligated to implement or compensate you for it.

Copyright Complaints

If you believe Content on the Platform infringes your copyright, please send a notice compliant with the Digital Millennium Copyright Act (DMCA) to legal@hoams.io with the subject line "DMCA Notice."

Disclaimers

Hoams does not warrant that: (a) the Platform will be uninterrupted, error-free, or available at all times; (b) defects will be corrected; (c) the Platform is free of viruses or harmful components; or (d) results obtained from using the Platform will be accurate or reliable.

Hoams is not a licensed attorney, property manager, accountant, or financial advisor. Nothing on the Platform constitutes legal, financial, tax, or professional advice. HOA boards should seek independent professional counsel for governance, legal, and financial decisions.

Hoams does not guarantee the accuracy or completeness of any community-generated Content, including financial records, meeting minutes, or governing documents uploaded by users.

Limitation of Liability

In no event shall Hoams' aggregate liability to you for all claims arising out of or related to these Terms or the Services exceed the greater of: (a) the total fees paid by your Community to Hoams in the twelve (12) months immediately preceding the event giving rise to the claim; or (b) one hundred U.S. dollars ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so the above limitations may not fully apply to you. In such jurisdictions, liability is limited to the maximum extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold harmless Hoams, Inc. and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your breach of these Terms or any applicable law;
• Content you post, upload, or transmit through the Platform;
• Your use or misuse of the Platform;
• Your violation of any third party's intellectual property, privacy, or other rights;
• Any governance action taken or failed to be taken by you as a Board Member using Platform tools;
• Any assessment, fine, or billing dispute arising from your use of the Dues & Billing feature.

Term & Termination

Term

These Terms commence on the date you create an account or otherwise begin using the Services and continue until your account and all associated Community Subscriptions are terminated.

Termination by You

You may cancel your account or your Community's Subscription at any time through your account settings or by contacting support@hoams.io. Cancellation takes effect at the end of the current billing cycle. You will retain access to paid features through the end of that period.

Termination by Hoams

Hoams may suspend or terminate your account or a Community's access to the Services, with or without notice, if:

• You materially breach these Terms and fail to cure the breach within 10 days of written notice (or immediately, for serious violations such as illegal activity or harassment);
• Fees remain unpaid for more than 30 days;
• We are required to do so by law or legal process;
• We discontinue the Platform or a material portion thereof.

Effect of Termination

Upon termination, your right to use the Platform ceases immediately. Hoams will retain your Community's data for 90 days following termination, during which an Administrator may request a data export. After 90 days, data may be permanently deleted. Provisions of these Terms that by their nature should survive termination (including Sections 9, 15, 16, 17, 18, 20, and 21) shall survive.

Dispute Resolution

Informal Resolution

Before initiating any formal dispute proceeding, you agree to contact Hoams at legal@hoams.io and make a good-faith effort to resolve the dispute informally. Hoams will attempt to respond within 30 days. Many concerns can be resolved quickly through our support channels.

Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Services — except for claims for injunctive or other equitable relief — shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, or another mutually agreed arbitration body. The arbitration shall be conducted in English, and the arbitrator's award shall be final and binding.

Class Action Waiver

YOU AND HOAMS EACH AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative proceeding.

Exceptions

Notwithstanding the above, either party may seek emergency injunctive relief in a court of competent jurisdiction to protect intellectual property rights or prevent imminent harm. Small claims court actions within applicable jurisdictional limits are also exempt from arbitration.

Time Limitation

You must bring any claim related to these Terms or the Services within one (1) year of the date the cause of action arose, or the claim is permanently waived to the fullest extent permitted by law.

Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. To the extent any dispute is not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Changes to These Terms

Hoams may update these Terms from time to time. When we make material changes, we will:

• Update the "Effective Date" at the top of this page;
• Send a notification to the email address associated with your account; and
• Display a prominent in-app notice for at least 14 days prior to the changes taking effect.

Your continued use of the Platform after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Services and cancel your account before the effective date.

For non-material changes (such as corrections, clarifications, or updates to contact information), we may update the Terms without advance notice.

General Provisions

Entire Agreement

These Terms, together with the Privacy Policy and any written Subscription or enterprise agreements executed by the parties, constitute the entire agreement between you and Hoams regarding the Services and supersede all prior agreements, representations, and understandings.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

Waiver

Hoams' failure to enforce any provision of these Terms at any time does not constitute a waiver of that provision or of any right to enforce it in the future.

Assignment

You may not assign or transfer your rights or obligations under these Terms without Hoams' prior written consent. Hoams may assign these Terms, in whole or in part, in connection with a merger, acquisition, reorganization, or sale of assets, with notice to you.

Force Majeure

Hoams is not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, pandemic, government action, internet or infrastructure outages, or third-party service failures.

No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights. No person other than you and Hoams has any right to enforce these Terms.

Language

These Terms are written in English. In the event of any conflict between an English version and a translated version, the English version controls.

Contact Us

If you have any questions, concerns, or requests regarding these Terms, please contact us at:

These Terms were last updated on May 1, 2025. Previous versions are available upon request.