Terms of Service

These Terms of Service (“Terms”) form a binding agreement between you and TextHOA (“TextHOA,” “we,” or “us”) governing your use of the TextHOA platform, including the websites, dashboards, APIs, mobile interfaces, and SMS infrastructure (collectively, the “Service”). By creating an account or using the Service, you accept these Terms. If you are accepting on behalf of an HOA, condo association, or other organization, you represent that you have authority to bind that organization.

You must be at least 18 years old and able to enter into a binding contract to use the Service. You agree to provide accurate information when you create an account, to keep your credentials confidential, and to notify us promptly of any unauthorized access. You are responsible for activity under your account.

The Service is offered on monthly subscription tiers. By subscribing, you authorize us to charge your payment method through our payments provider (Stripe) on a recurring basis until you cancel. Cancellations take effect at the end of the current billing period. We do not offer prorated refunds for partial periods except where required by law. Add-on purchases (such as extra SMS packs or one-time migration services) are billed separately at the prices shown at checkout. We may update pricing with 30 days’ advance notice for renewals.

Prices shown do not include applicable sales, use, or similar taxes (“Taxes”). Where we are required or authorized by law to collect Taxes based on your account’s billing address, we will calculate and add them to your invoice. You agree to pay any Taxes we are required or authorized to collect. If your organization is tax-exempt, you must provide valid exemption documentation before exemption can be applied to future invoices; exemption is not applied retroactively. Where we are not required to collect Taxes on a purchase, you are responsible for determining and remitting any Taxes owed to the applicable authority.

You agree to use the Service only for lawful purposes and in accordance with these Terms, our Anti-Spam & SMS Acceptable Use Policy, and our Privacy Policy. You may not: (a) send messages to recipients who have not provided prior express written consent under the Telephone Consumer Protection Act (TCPA) and applicable state law; (b) impersonate a person or entity; (c) interfere with or attempt to circumvent the Service’s security; (d) use the Service to send unlawful, harassing, or fraudulent content; or (e) reverse engineer or resell the Service. We may suspend or terminate accounts that violate this section.

You retain ownership of all data you submit to the Service, including your member directory, documents, messages, and other content (“Customer Data”). You grant us a limited license to host, copy, transmit, and display Customer Data only as needed to provide the Service. You are responsible for the accuracy and lawfulness of the Customer Data you load, including ensuring you have the right to share member contact information with our subprocessors.

The Service includes SMS infrastructure provisioned through our SMS provider (Twilio). When you send messages through the Service, you are the sender for purposes of TCPA, CAN-SPAM, and equivalent laws. You must obtain and maintain proof of consent from each recipient before sending non-emergency messages. TextHOA provides consent-tracking tools, but compliance is your responsibility. See the Anti-Spam & SMS Acceptable Use Policy for details.

The Service, including its software, design, and content created by us, is owned by TextHOA and its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to access and use the Service for the duration of your subscription. You may not copy, modify, distribute, or create derivative works without our prior written permission.

The Service integrates with third-party providers, including Twilio (SMS), Stripe (payments), Supabase (data hosting), Resend (email), and Trigger.dev (background jobs). Your use of those services is governed by their respective terms. We are not responsible for downtime or actions of third-party providers, but we will work in good faith to mitigate impact.

You may cancel at any time from your account settings. We may suspend or terminate the Service if you materially breach these Terms or if continued service would expose us to legal risk. On termination, you may export your Customer Data for 30 days; thereafter we may delete it, except where retention is required by law (such as financial records, retained for 7 years per IRS rules) or covered by an active audit hold.

The Service is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or trade usage. We do not warrant that the Service will be uninterrupted, error-free, or that messages will be delivered within a specific timeframe.

To the fullest extent permitted by law, neither party will be liable for indirect, incidental, consequential, special, or punitive damages, or for lost profits or revenues, even if advised of the possibility. Our total liability for any claim arising out of or relating to these Terms or the Service will not exceed the amount you paid us in the 12 months preceding the event giving rise to the claim.

You agree to defend, indemnify, and hold harmless TextHOA from any third-party claim arising from (a) your Customer Data, (b) your violation of these Terms or applicable law, including TCPA and other messaging laws, or (c) your violation of any rights of a third party.

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law rules. The parties agree to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California, except where prohibited by applicable law.

We may update these Terms from time to time. Material changes will be communicated via email or in-product notice at least 30 days before they take effect for existing customers. Your continued use of the Service after changes take effect constitutes acceptance.

Questions about these Terms? Reach us at legal@texthoa.com or through our contact page.