TrueHOA Terms of Service and Privacy Policy
1. Acceptance of Terms
By creating an account, signing a platform use agreement or order form that incorporates these Terms, or otherwise accessing or using the TrueHOA platform (the "Service"), you agree to be bound by these Terms of Service ("Terms") and the privacy provisions set out on this page. If you do not agree with these Terms, you must not use the Service.
These Terms apply to HOA administrators, including board members, property managers, and staff, as well as residents, including owners and tenants who are given access to the platform.
Where required by applicable law, or where we implement materially different data practices, we may request additional affirmative consent.
2. Service Overview
TrueHOA provides software tools that support HOA governance workflows, including voting, notices, document distribution, recordkeeping, and meeting coordination. TrueHOA is a software provider only and does not provide legal advice, legal representation, election certification, or regulatory oversight.
Each HOA, board, management company, and user remains responsible for determining whether use of the Service complies with applicable law, governing documents, notice requirements, quorum rules, voting thresholds, retention requirements, and other procedural obligations.
TrueHOA does not guarantee that any vote, election, notice, resolution, record, or governance action conducted through the Service is legally valid, enforceable, or sufficient for any particular jurisdiction or community.
3. Eligibility
You must be at least 18 years old to use the Service. By using the Service, 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 remains in effect unless suspended or terminated under these Terms. 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 other harmful content; or
- 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, process, and display that content solely as necessary to operate, support, secure, and improve the Service. You are solely responsible for the legality, accuracy, and appropriateness of any content you submit or share through the Service.
7. Privacy Policy
We collect personal information submitted by HOA administrators and residents, including names, email addresses, unit numbers, account information, voting records or logs, and other information necessary to deliver governance and related platform services.
We use personal information to provide, maintain, secure, and improve the Service, communicate with users about their accounts and HOA activities, troubleshoot issues, comply with legal obligations, and develop related platform features and services. We may send service-related communications and, where permitted by applicable law, limited communications about relevant TrueHOA offerings.
We do not sell personal information in exchange for money. We may use and disclose de-identified or aggregated information for analytics, benchmarking, product development, and other lawful business purposes. We may share personal information with service providers, contractors, and professional advisors who assist us in operating, securing, supporting, or improving the Service, subject to appropriate contractual protections.
Your information is protected with encryption and secure storage, and access is restricted based on role, responsibility, and business necessity.
You may request access to, correction of, or deletion of your personal data by contacting us at hello@truehoa.app. Requests will be handled as required by applicable law. We retain personal data only for as long as reasonably necessary for legitimate business, legal, operational, or recordkeeping purposes.
If you are a California resident, you may have additional rights under the California Consumer Privacy Act and California Privacy Rights Act, including rights to know, access, correct, delete, and, where applicable, opt out of certain forms of sharing or use. You may exercise applicable rights by contacting us.
8. Data Security
We implement commercially reasonable safeguards designed to protect personal information and platform data. However, no system is completely secure, and we cannot guarantee absolute security.
9. Limitation of Liability
To the maximum extent permitted by law, TrueHOA and its affiliates, officers, directors, employees, contractors, licensors, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, goodwill, data, or business interruption, arising out of or related to the Service, even if advised of the possibility of such damages.
The Service is provided on an "as is" and "as available" basis, and TrueHOA disclaims all warranties to the maximum extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted availability. TrueHOA does not warrant the legal sufficiency, enforceability, timing, or outcome of any vote, election, notice, resolution, record, or governance action conducted through the Service.
To the maximum extent permitted by law, the total aggregate liability of TrueHOA for all claims arising out of or relating to the Service or these Terms will not exceed the fees paid to TrueHOA for the applicable HOA account during the twelve-month period preceding the event giving rise to the claim.
Nothing in these Terms excludes liability that cannot be excluded under applicable law.
10. Indemnification
You agree to indemnify and hold harmless TrueHOA, its affiliates, officers, directors, employees, and agents from third-party claims, losses, liabilities, damages, and reasonable expenses, including reasonable attorneys' fees, arising out of your misuse of the Service, your violation of these Terms, your violation of applicable law or governing documents, or your infringement of any third-party rights.
11. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles. Any dispute arising out of or relating to these Terms or the Service shall be resolved as set out in Section 15. Any court proceedings permitted under Section 15, including actions to compel arbitration, confirm an award, or obtain provisional relief, shall be brought exclusively in the state or federal courts located in New Castle County, Delaware.
12. Changes to Terms
We may update these Terms from time to time. We may notify users of material changes by email, platform notice, or other reasonable means. Continued use of the Service after an update becomes effective constitutes acceptance of the revised Terms, except where additional affirmative consent is required by law.
13. Termination
We may suspend or terminate access to the Service if you violate these Terms, misuse the Service, create risk for the platform or other users, or if continued access is no longer commercially or operationally feasible. Upon termination, your right to use the Service will cease immediately.
14. Third-Party Services
The Service may interoperate with third-party platforms or providers, including email services, payment processors, document storage tools, identity providers, and communications systems. TrueHOA does not control those third-party services and is not responsible for their performance, availability, security, or compliance. Your use of third-party services may also be subject to their own terms and policies.
15. Arbitration and Class Action Waiver
Any dispute 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, except to the extent a party seeks injunctive relief, provisional relief, or another remedy that may properly be sought in court under applicable law. You and TrueHOA each waive any right to a jury trial and agree that any dispute will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class action, consolidated action, or representative proceeding.
16. Contact Us
For questions about these Terms or the privacy provisions on this page, email us at hello@truehoa.app.
17. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.