1. Acceptance of Terms
By accessing or using Evolve HOA ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of a homeowner association, you represent that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, do not use the Service.
2. Description of Service
Evolve HOA provides a software-as-a-service platform for homeowner associations to manage community operations, including but not limited to: fines and violation tracking, dues collection, document storage, community voting, and resident communications. The Service is intended for use by HOA officers, board members, and homeowners within participating communities.
3. Account Registration
To use the Service, you must create an account with accurate, complete, and current information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately at Justin@evolvehoa.com if you suspect unauthorized access to your account.
Each HOA tenant account is administered by designated officers. Homeowner accounts are provisioned by the HOA officer and are subject to the rules of that community in addition to these Terms.
4. Fees and Payment
The Service is billed at $1.00 USD per door per month, based on the number of units registered in your HOA account. Billing is processed monthly via Stripe. Your subscription begins after the expiration of any applicable free trial period.
Homeowner dues payments processed through the Service may include a convenience fee charged to the homeowner at the time of payment. This fee is disclosed at checkout and is separate from the platform subscription fee.
All fees are non-refundable except as required by law or as expressly stated in these Terms. We reserve the right to change pricing with 30 days' written notice to the email address on file.
5. Acceptable Use
You agree not to use the Service to:
- Violate any applicable federal, state, or local law or regulation
- Harass, intimidate, or discriminate against any person
- Send unsolicited commercial communications
- Upload or transmit malicious code, viruses, or harmful content
- Attempt to gain unauthorized access to any part of the Service or its infrastructure
- Scrape, crawl, or extract data from the Service without our written permission
- Impersonate another person or entity
6. Data and Privacy
You retain ownership of all data you submit to the Service ("Customer Data"). By submitting Customer Data, you grant Evolve HOA a limited, non-exclusive license to store and process that data solely to provide the Service to you.
We take reasonable technical and organizational measures to protect Customer Data. However, no internet transmission is completely secure, and we cannot guarantee absolute security. You are responsible for ensuring that any personal data you upload about homeowners complies with applicable privacy laws.
We will never sell, rent, or share Customer Data with third parties for marketing, advertising, or any commercial purpose. Customer Data is used solely to provide, maintain, and improve the Service for your account.
7. Stripe Connect and Payment Processing
HOA officers who enable online dues collection must connect a Stripe Express account. By doing so, you agree to Stripe's Connected Account Agreement in addition to these Terms. Evolve HOA acts as a platform intermediary and is not responsible for errors, delays, or failures in payment processing caused by Stripe or your connected bank account.
8. Intellectual Property
The Service, including its software, design, trademarks, and content (excluding Customer Data), is owned by Evolve HOA and protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works from any part of the Service without our express written consent.
9. Termination
You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period.
We reserve the right to suspend or terminate your account immediately, without notice, if you violate these Terms or engage in conduct that we determine, in our sole discretion, is harmful to the Service, other users, or third parties. Upon termination, your right to access the Service ceases. We will retain your Customer Data for one (1) year following the effective date of cancellation or termination, after which it will be permanently deleted. You may request an export of your data at any time during this retention period by contacting us at Justin@evolvehoa.com.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVOLVE HOA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE THREE MONTHS PRECEDING THE CLAIM.
12. Governing Law
These Terms are governed by the laws of the State of Ohio, without regard to its conflict of law principles. Any dispute arising from these Terms shall be resolved exclusively in the state or federal courts located in Ohio, and you consent to personal jurisdiction in those courts.
13. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by email or by posting a notice in the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.
14. Contact
If you have questions about these Terms, please contact us at Justin@evolvehoa.com.