Terms of Service

1. Acceptance of Terms

By accessing or using the KindHOA website, application, or services (collectively, the "Services"), you agree to be bound by these Terms of Service. If you do not agree to these terms, you may not use the Services. KindHOA provides software to help Homeowners Associations ("HOAs") manage their communities.

2. Nature of Service and Disclaimer of Legal/Financial Advice

KindHOA is a technology platform and software provider. We are not a property management company, a law firm, an accounting firm, or a financial institution.

• The Services do not constitute legal, financial, or tax advice.
• We are not responsible for your HOA's compliance with local, state, or federal laws, recording requirements, or specific HOA bylaws and covenants (CC&Rs).
• It is your sole responsibility to ensure that your use of the Services complies with your HOA's governing documents and applicable laws.

3. User Responsibilities & Conduct

You are solely responsible for all data, documents, communications, and financial records ("User Content") uploaded, transmitted, or stored through the Services. You agree not to:

• Upload unlawful, defamatory, or malicious content.
• Use the Services to harass or discriminate against neighbors or board members.
• Misrepresent your identity or affiliation with an HOA.
• Attempt to bypass or compromise the security of the Services.

KindHOA reserves the right to suspend or terminate accounts that violate these guidelines without prior notice.

4. HOA Disputes

KindHOA provides communication and management tools. We are not a mediator, arbiter, or party to any dispute between HOA members, the HOA Board, residents, or third parties. You agree to release KindHOA (and our officers, directors, agents, and employees) from any claims, demands, and damages arising out of or in any way connected with such disputes.

5. Payments and Subscriptions

Certain features of the Services are subject to subscription fees. All fees are non-refundable unless otherwise required by law. KindHOA interfaces with third-party payment processors (e.g., Stripe) to facilitate transactions between residents and the HOA. We do not hold, escrow, or direct these funds. We are not liable for payment disputes, chargebacks, failed transactions, or errors made by the payment processor or your banking institution.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KINDHOA AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT.

IN NO EVENT SHALL KINDHOA'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU PAID KINDHOA, IF ANY, IN THE PAST 12 MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

7. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KINDHOA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

8. Indemnification

You agree to indemnify, defend, and hold harmless KindHOA, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your violation of these Terms or your use of the Services, including but not limited to any claims arising from HOA governance, financial management, or disputes between residents.

9. Artificial Intelligence Features and Third-Party AI Processing

KindHOA offers optional AI-powered features, including an AI document assistant ("AI Chatbot"), powered by Google's Gemini API. By using these features, you acknowledge and agree to the following:

• Document Processing: When AI indexing is enabled for a document, the text content of that document is transmitted to and processed by Google's Gemini API to generate searchable embeddings stored in our database. The raw document file is not sent to Google — only extracted text.
• Opt-Out Control: Board members and administrators may disable AI indexing on a per-document basis at any time using the toggle on the document card. Documents with AI indexing disabled will never be processed by Google's API. No user-controlled sensitive documents (e.g., resident financial data, PII) should be uploaded without careful consideration of this setting.
• Google Data Handling: Text submitted to Google's Gemini API is subject to Google's Privacy Policy and the Gemini API Terms of Service. Google may retain submitted data according to its own data usage policies.
• No AI Legal or Financial Advice: AI-generated responses are informational only and do not constitute legal, financial, or governance advice. Residents and board members should verify any AI-generated information against official HOA documents and applicable laws.
• Accuracy Disclaimer: KindHOA does not warrant the accuracy, completeness, or reliability of any AI-generated response. AI responses may be incorrect or outdated. You assume full responsibility for any decisions made based on AI output.

10. Modifications to the Terms

We may modify these Terms at any time. If we make material changes, we will provide notice through the Services or by email. Your continued use of the Services after the effective date of the changes constitutes your acceptance of the updated Terms.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles. Any legal action or proceeding related to the Services shall be brought exclusively in the state or federal courts located in Colorado.