Terms of Service

By creating an account, clicking “I Agree,” or using any part of the HoatzinHome platform (the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you are accepting on behalf of a homeowners association, you represent that you have authority to bind that organization.

If you do not agree to these Terms, do not create an account or use the Service.

HoatzinHome is a software-as-a-service (SaaS) platform that provides HOA management tools including violation tracking, resident communication, document storage, and member management. The Service is offered on a subscription basis.

HoatzinHome is a software tool only. Nothing on the platform constitutes legal, financial, or governance advice. Your HOA board remains solely responsible for compliance with its governing documents and applicable state and local law.

HoatzinHome is a neutral technology platform. We provide software tools to assist HOA boards with administrative tasks. We are not a law firm, and we do not provide legal, compliance, or governance advice of any kind.

HoatzinHome does not control, direct, monitor, or review your board's enforcement decisions. All decisions regarding whether to issue a violation notice, assess a fine, or take any enforcement action are made solely by you and your board. We have no involvement in or responsibility for those decisions.

You are solely responsible for ensuring that your use of the Service — including your enforcement practices, notice content, and treatment of residents — complies with all applicable federal, state, and local laws, your community's CC&Rs and bylaws, and your community's own rules and regulations. If you have questions about your legal obligations, you should consult a licensed attorney.

The Fair Housing Act and applicable state fair housing laws prohibit discrimination in housing-related services based on race, color, religion, sex, national origin, disability, familial status, and other protected characteristics. These laws apply to HOA boards and their enforcement activities.

HoatzinHome is designed to support consistent, workflow-driven enforcement — the same process for every violation regardless of who the resident is. However, we do not and cannot guarantee that your board's use of the Service will comply with fair housing laws or anti-discrimination requirements. Compliance with these laws is your board's sole responsibility.

You agree to use the Service in a manner that does not discriminate against any resident on the basis of any characteristic protected by applicable law. You acknowledge that selective, inconsistent, or retaliatory enforcement of HOA rules may violate federal or state law regardless of the tools used to facilitate it.

HoatzinHome is not a party to any enforcement action taken by your board and shall not be liable for any claim, judgment, or penalty arising from your board's enforcement decisions or practices, including any fair housing claim.

HoatzinHome may provide sample violation notice templates, letter language, or suggested workflows as part of the Service. These materials are provided for convenience and informational purposes only. They are starting points, not legal documents.

HOA notice requirements — including required content, cure period lengths, delivery methods, and hearing procedures — vary significantly by state and may also be governed by your community's specific governing documents. States including but not limited to Virginia, Florida, California, and Texas impose specific requirements that may differ from any template we provide.

You are solely responsible for ensuring that any violation notice, fine notice, or other communication generated or sent using the Service complies with the laws of your state, your community's CC&Rs, and any other applicable requirements. HoatzinHome makes no representation that any template or workflow complies with the law of any jurisdiction.

We strongly recommend that your board have its notice templates and enforcement procedures reviewed by a licensed HOA attorney in your state before use.

You must be at least 18 years old to use the Service. By registering, you confirm that all information you provide is accurate and that you will keep it current.

You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. Notify us immediately at hello@hoatzinhome.com if you suspect unauthorized access.

HoatzinHome offers paid subscription plans. By selecting a paid plan, you authorize us to charge the payment method you provide on a recurring basis at the then-current rate for your plan.

Subscriptions automatically renew unless cancelled before the renewal date. We will provide at least 30 days' notice before any price increase. Refunds are not issued for partial billing periods.

All payments are processed by Stripe, Inc. HoatzinHome does not store your full payment card details. Stripe's terms and privacy policy apply to payment processing.

You agree not to use the Service to:

• Violate any applicable law or regulation, including the Fair Housing Act and applicable state fair housing laws
• Harass, intimidate, discriminate against, or selectively target any resident or individual based on any protected characteristic
• Transmit spam, malicious code, or unsolicited communications
• Impersonate another person or organization
• Attempt to gain unauthorized access to any part of the Service
• Upload or store Social Security numbers, government-issued ID numbers, bank account numbers, or other highly sensitive financial data
• Use the Service in any way that could damage, disable, or impair it

We reserve the right to suspend or terminate any account we determine, in our sole discretion, to be in violation of these Terms.

You retain ownership of all data and content you upload to the Service, including resident information, documents, violation records, and communications (“Your Content”).

You grant HoatzinHome a limited license to store, process, and display Your Content solely as necessary to provide the Service to you.

You are responsible for ensuring that Your Content does not violate any third-party rights, and that your collection and use of resident personal data complies with applicable privacy law. You should not upload to the Service any data that you do not have the legal right to collect, store, and process.

Sensitive data warning: Do not upload Social Security numbers, government-issued identification numbers, full financial account numbers, or medical information to the Service. The Service is not designed or certified to store such data, and we are not responsible for any exposure of data uploaded in violation of this restriction.

HoatzinHome implements reasonable technical and organizational measures to protect Your Content from unauthorized access, disclosure, or loss. These measures include encrypted data storage and transmission, access controls, and use of reputable infrastructure providers.

However, no method of transmission or storage is 100% secure. We cannot guarantee the absolute security of your data. In the event of a data breach that affects your account, we will notify you in accordance with applicable law.

Upon cancellation of your subscription, you may request an export of Your Content for up to 30 days. After that period, we may permanently delete it from our systems.

The HoatzinHome platform, including its software, design, trademarks, and content (excluding Your Content), is owned by HoatzinHome LLC and protected by applicable intellectual property laws. Nothing in these Terms grants you any right to use our trademarks or branding.

The Service integrates with third-party services including Clerk (authentication), Supabase (database infrastructure), Stripe (payment processing), Resend (email delivery), and Vercel (hosting). Your use of the Service is also subject to those providers' applicable terms. HoatzinHome is not responsible for the acts or omissions of any third-party service provider.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA WILL BE SECURE OR NOT LOST. WE MAKE NO WARRANTY REGARDING THE LEGAL SUFFICIENCY OF ANY NOTICE TEMPLATE, WORKFLOW, OR OTHER CONTENT PROVIDED THROUGH THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOATZINHOME LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM FAIR HOUSING CLAIMS, ENFORCEMENT DISPUTES, DATA LOSS, OR FAILURE OF NOTICE TEMPLATES TO COMPLY WITH APPLICABLE LAW.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING UNDER OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO HOATZINHOME IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF HOATZINHOME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to defend, indemnify, and hold harmless HoatzinHome LLC and its affiliates, officers, directors, and employees from and against any and all claims, liabilities, damages, judgments, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service or any action taken through your account
• Your Content or data uploaded to the Service
• Your violation of these Terms
• Your violation of any applicable law, including the Fair Housing Act or any state fair housing statute
• Any enforcement action, fine, notice, or decision made by your board using the Service
• Any claim by a resident, homeowner, or third party arising from your use of the Service
• Your violation of any third-party rights, including the privacy rights of residents whose data you process through the Service

You may cancel your subscription at any time through your billing settings. Cancellation takes effect at the end of the current billing period.

We may suspend or terminate your account immediately for cause, including material breach of these Terms, violation of the Fair Housing Act or other applicable law, or use of the Service in a manner that, in our sole judgment, creates legal risk or harm to residents or third parties. Upon termination, you may request an export of Your Content for up to 30 days. After that period, we may permanently delete it.

Any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

Arbitration shall be conducted under the rules of the American Arbitration Association (AAA) and shall take place in Virginia. YOU AND HOATZINHOME EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-law provisions.

We may update these Terms from time to time. If we make material changes, we will notify you by email or by displaying a notice in the Service at least 14 days before the changes take effect. Your continued use after that date constitutes acceptance of the updated Terms.

Questions about these Terms? Email us at hello@hoatzinhome.com or write to: HoatzinHome LLC, Virginia, United States.