Effective Date: October 23rd, 2024
Welcome to HappyHOA, LLC ("HappyHOA", "we", "us", or "our"). These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and HappyHOA, LLC, a Delaware Limited Liability Company governed by the Delaware Limited Liability Company Act. These Terms govern your access to and use of our software, platform, mobile applications, and related services (collectively, the "Services").
By accessing, using, or registering for our Services, you accept these Terms in full. If you do not agree to these Terms, you are prohibited from using the Services.
For the purpose of these Terms, the following capitalized terms shall have the meanings set forth below:
1.1 “Agreement” refers to these Terms, along with any other policies, rules, or terms incorporated by reference, including the Privacy Policy.
1.2 “Community” means any homeowners association (HOA), condominium association, cooperative, or other legal entity or organization formed by owners for the purpose of property and community management.
1.3 “Effective Date” refers to the date these Terms become enforceable, as specified at the beginning of this document.
1.4 “Intellectual Property” refers to all copyrights, trademarks, service marks, trade secrets, patents, and any other proprietary rights recognized by applicable law.
1.5 “Payment Processor” refers to third-party services used by HappyHOA to process payments, including subscription fees and other transactions.
1.6 “Personal Data” means any information that directly or indirectly identifies an individual, as further defined by applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA).
1.7 “User” or “You” means the individual or entity accessing or using the Services, whether on behalf of a Community or in a personal capacity.
1.8 “Force Majeure” refers to events beyond the reasonable control of a party, including but not limited to acts of God, natural disasters, government actions, strikes, cyberattacks, and service outages.
1.9 “Subscription” means any paid access to premium features of the Services provided on a recurring basis, subject to these Terms.
By accessing, registering for, or using the Services, you represent and warrant that:
3.1 Right to Modify: We reserve the right to amend, modify, or update these Terms at any time, in our sole discretion. Any material changes will be communicated to you via email or platform notification.
3.2 Continued Use: Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms. If you do not agree to the amended Terms, you must discontinue use of the Services immediately.
4.1 Software as a Service (SaaS): HappyHOA offers cloud-based software tools designed to facilitate the management of Communities, including but not limited to accounting, communications, voting systems, and document storage.
4.2 Disclaimers on Advisory Roles: HappyHOA provides software and technology solutions only. We are not legal advisors, accountants, or real estate consultants. Users are solely responsible for ensuring that their use of the Services complies with all applicable legal, regulatory, and financial obligations.
5.1 Registration: Users are required to create an account to access the Services. You agree to provide accurate and complete information and are responsible for maintaining the security of your account credentials.
5.2 Multiple Users in a Community: If a Community grants access to multiple Users, each User is individually responsible for their actions on the platform. The Community as a whole remains responsible for managing access levels and permissions.
5.3 Unauthorized Access: HappyHOA shall not be liable for any loss or damage arising from unauthorized access to your account due to your failure to safeguard login credentials.
6.1 Subscription Fees: Use of certain features of the Services requires the purchase of a subscription. Subscription fees are billed on a recurring basis (monthly, annually, or otherwise), as specified during your registration.
6.2 Payment Methods: All payments are processed through third-party Payment Processors. You agree to provide accurate billing information and authorize the Payment Processor to charge your designated payment method.
6.3 Late Payments and Service Suspension: If payments are not made on time, we reserve the right to suspend your access to the Services until the outstanding balance is paid.
6.4 Refund Policy: Unless otherwise stated, all fees are non-refundable, except where required by applicable consumer protection laws.
6.5 Changes in Fees: HappyHOA reserves the right to adjust its subscription fees upon prior notice. If you do not agree to the new fees, you may cancel your subscription before the changes take effect.
7.1 Responsibility for Content: You are solely responsible for the accuracy, completeness, and legality of all data, information, and content submitted through the Services.
7.2 Errors in Data: HappyHOA shall not be liable for any damages, errors, or losses resulting from inaccurate or incomplete data entered by Users, including but not limited to incorrect payment amounts, misreported financials, or erroneous votes.
7.3 Verification and Audit: Users are responsible for independently verifying any reports, calculations, or data generated through the Services before relying on them for decision-making purposes.
8.1 External Providers: The Services may integrate with or rely on third-party platforms (e.g., payment gateways, accounting software). HappyHOA is not responsible for the availability, performance, or compliance of these third-party providers.
8.2 Third-Party Terms: Your use of integrated third-party services is subject to the terms and conditions of those providers. HappyHOA is not liable for any issues, losses, or disputes arising from your use of these third-party services.
9.1 Ownership: All Intellectual Property within the Services, including software, designs, and trademarks, is owned by HappyHOA or its licensors.
9.2 License to Use: Users are granted a limited, non-exclusive, non-transferable license to access and use the Services for their intended purposes.
9.3 Restrictions: You may not modify, copy, distribute, reverse-engineer, or create derivative works from any portion of the Services without prior written consent from HappyHOA.
10.1 Termination by User: You may cancel your subscription and terminate this Agreement at any time through your account settings.
10.2 Termination by HappyHOA: We reserve the right to terminate or suspend your access to the Services for violations of these Terms, non-payment, or fraudulent activity.
10.3 Effect of Termination: Upon termination, your access to the Services will cease, and any data may be deleted, unless required by law to retain it.
11.1 No Warranties: The Services are provided "AS IS" and "AS AVAILABLE." We disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
11.2 Exclusion of Damages: To the fullest extent permitted by law, HappyHOA shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data, or business opportunities, even if advised of such damages.
11.3 Cap on Liability: In no event shall HappyHOA’s total liability exceed the amount you paid to us in the 12 months preceding the claim.
You agree to indemnify, defend, and hold harmless HappyHOA, its affiliates, and employees from any claims, damages, or liabilities arising out of:
13.1 Governing Law: These Terms shall be governed by the laws of the State of Delaware, without regard to conflict of law principles.
13.2 Arbitration: Any disputes will be resolved through binding arbitration in Delaware under the rules of the American Arbitration Association (AAA). Users waive the right to participate in class actions.
HappyHOA is not responsible for delays or failures caused by events beyond its reasonable control, including but not limited to natural disasters, cyberattacks, or government actions.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and HappyHOA and supersede all prior agreements, whether written or oral.
If you have any questions regarding these Terms, please contact us at:
HappyHOA, LLC
Delaware
Email: admin@happyhoa.com
Phone: +1 305 831 4816
By using the Services, you acknowledge that you have read, understood, and agreed to these Terms & Conditions. Thank you for choosing HappyHOA!
