Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and TractOps, Inc., a California corporation (“TractOps,” “Company,” “we,” “us,” or “our”), governing your access to and use of the TractOps website, mobile applications, and all related services (collectively, the “Service”).

By creating an account, clicking “I Agree,” or otherwise accessing or using any portion of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are entering into these Terms on behalf of a homeowners association, condominium association, or other legal entity (“Community”), you represent and warrant that you have the authority to bind that entity to these Terms.

If you do not agree to these Terms, you may not access or use the Service. Your continued use of the Service after any modification to these Terms constitutes your acceptance of the modified Terms. We recommend that you review these Terms periodically to stay informed of any updates.

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding agreement.

TractOps provides a cloud-based software platform designed to assist homeowners associations and similar community organizations with their day-to-day management and governance activities. The Service includes, but is not limited to, tools for dues collection and financial management, meeting scheduling and AI-assisted minute-taking, maintenance request tracking, document storage and management, resident communications, amenity reservations, community voting, and a marketplace for connecting communities with vetted service providers.

The Service also incorporates embedded banking and payment processing features, provided in partnership with licensed financial institutions. These banking features are subject to additional terms and conditions provided at the time of enrollment, as well as applicable federal and state banking regulations.

The Service includes artificial intelligence features, including an AI board secretary that can transcribe and summarize board meetings. These AI-generated outputs are provided as tools to assist human decision-making and should not be relied upon as legal, financial, or professional advice. The Company makes no representations regarding the accuracy or completeness of AI-generated content, and final responsibility for all community decisions rests with the board and its members.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will use commercially reasonable efforts to provide advance notice of any material changes that may affect your use of the Service.

To access most features of the Service, you must register for an account. During registration, you agree to provide accurate, current, and complete information and to update such information as necessary to maintain its accuracy. You are responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account.

There are multiple user roles within the Service, including Community Administrator, Board Member, Property Manager, and Resident. Each role carries different permissions and levels of access. Community Administrators are responsible for managing user access within their community and ensuring that only authorized individuals are granted access to sensitive financial and governance data.

You agree to notify us immediately at security@tractops.com of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your account credentials. We reserve the right to terminate accounts, remove or edit content, or cancel services at our sole discretion.

One account may represent a single individual or a Community. Communities may have multiple authorized users under a single Community account. The Community Administrator is responsible for all activity conducted by users associated with their Community account, including compliance with these Terms.

You may not use another person's account without permission, create an account using false or misleading information, or create multiple accounts for the purpose of circumventing restrictions or limitations imposed on any single account.

The Service is offered on a subscription basis with pricing tiers based on the number of units in the community and the features selected. Current pricing information is available on our website and is subject to change with thirty (30) days' advance notice to existing subscribers. All subscription fees are stated in U.S. dollars.

Subscriptions are billed on a monthly or annual basis, as selected during enrollment. Annual subscriptions are charged upfront for the full year and are not refundable except as expressly stated herein. Monthly subscriptions are charged at the beginning of each billing cycle. Your subscription will automatically renew at the end of each billing period unless you cancel prior to the renewal date.

Payment is processed through our third-party payment processors. By providing a payment method, you authorize us to charge all applicable fees to that payment method. You represent that you are authorized to use the payment method you provide. If a payment is not successfully processed, we reserve the right to suspend or terminate your access to the Service until payment is received.

We offer a 30-day free trial for new Community accounts. No credit card is required for the trial period. After the trial expires, continued access requires enrollment in a paid plan. Trial accounts are subject to feature limitations as described on the pricing page.

Refunds are available within fourteen (14) days of the initial subscription purchase for annual plans if the Community has not processed any transactions through the Service. Refund requests must be submitted in writing to billing@tractops.com. We do not offer prorated refunds for cancellations mid-billing cycle on monthly plans. Any applicable taxes are non-refundable.

You retain all ownership rights to the data, content, and information you submit, upload, or create within the Service (“Community Data”). By using the Service, you grant TractOps a limited, non-exclusive, royalty-free license to store, process, display, and transmit Community Data solely for the purpose of providing and improving the Service.

Community Data includes, but is not limited to, resident contact information, financial records, meeting minutes, governing documents, maintenance records, and communications. You are solely responsible for ensuring that the collection, storage, and use of Community Data complies with all applicable laws, including privacy laws, and does not infringe upon the rights of any third party.

We will maintain reasonable technical and organizational measures to protect Community Data against unauthorized access, alteration, disclosure, or destruction. Upon termination of your subscription, we will retain Community Data for a period of ninety (90) days, after which it may be permanently deleted. You may request an export of your Community Data at any time through the Service or by contacting our support team.

We will not sell, rent, or otherwise monetize your Community Data to third parties for advertising or marketing purposes. We may use aggregated, anonymized data derived from Community Data to improve our products and services, provided such data cannot reasonably be used to identify your community or its members. Our full data practices are described in our Privacy Policy.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You are responsible for all content you submit to the Service and for all activities conducted through your account. The Service is intended for the legitimate management of residential community associations and may not be used for any other purpose.

Without limiting the foregoing, you agree that you will not: (a) use the Service to violate any local, state, national, or international law or regulation; (b) upload, transmit, or share any content that is unlawful, defamatory, harassing, fraudulent, obscene, or otherwise objectionable; (c) impersonate any person or entity or misrepresent your affiliation with any person or entity; (d) use the Service to send unsolicited commercial communications (spam); or (e) interfere with or disrupt the integrity or performance of the Service or third-party data contained therein.

You further agree that you will not: (a) attempt to gain unauthorized access to any portion of the Service or its related systems; (b) reverse engineer, decompile, or disassemble any part of the Service; (c) use automated tools, bots, scrapers, or similar technologies to access or collect data from the Service without our express written consent; (d) circumvent any technical measures we use to provide or protect the Service; or (e) use the Service to process or store payment card information outside of our approved payment processing workflows.

Violation of these conduct standards may result in immediate suspension or termination of your account, removal of content, and in cases involving illegal activity, referral to appropriate law enforcement authorities. We reserve the right to investigate any suspected violations and to cooperate with law enforcement in such investigations.

The Service and its original content, features, and functionality are and will remain the exclusive property of TractOps, Inc. and its licensors. The Service is protected by copyright, trademark, trade secret, and other intellectual property laws of the United States and other jurisdictions. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for its intended purpose of community management. This license does not include any right to resell or commercially exploit the Service, to collect or use any data mining, robots, or similar data gathering tools, or to make any derivative use of the Service or its contents.

Any feedback, suggestions, or ideas you provide to us regarding the Service (“Feedback”) shall become our sole and exclusive property. You hereby assign to us all right, title, and interest in and to all Feedback, and we may use such Feedback for any purpose without compensation to you. You waive any rights you may have in any Feedback, including moral rights.

If you believe that any content on the Service infringes your intellectual property rights, please contact our designated agent for notice of claims of copyright or other intellectual property infringement at legal@tractops.com. We will respond to notices of alleged infringement in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law.

We take the security of your data seriously and implement industry-standard measures to protect it. These measures include encryption of data in transit using TLS 1.2 or higher, encryption of data at rest, regular security assessments and penetration testing, access controls and audit logging, and multi-factor authentication options for user accounts.

Our infrastructure is hosted on SOC 2 Type II certified cloud providers, and we maintain a comprehensive information security program that includes policies for incident response, disaster recovery, and business continuity. We conduct regular employee security training and background checks for personnel with access to production systems.

In the event of a data breach that affects your Community Data, we will notify you in accordance with applicable law, including the California Consumer Privacy Act (CCPA) and California data breach notification law. We will provide timely notice and cooperate with your reasonable requests for information regarding the breach.

Notwithstanding our security measures, no method of data transmission or storage is completely secure. You acknowledge that you provide your data at your own risk and agree that TractOps shall not be responsible for circumvention of any privacy settings or security measures we employ, except to the extent caused by our gross negligence or willful misconduct.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HOA PLATFORM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED 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. We do not warrant that the results obtained from use of the Service will be accurate, reliable, or meet your expectations. We do not warrant that AI-generated content, including meeting summaries or legal document templates, will be legally sufficient or appropriate for your specific situation. You should consult a qualified attorney for legal matters affecting your community.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOA PLATFORM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

IN NO EVENT SHALL HOA PLATFORM'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO HOA PLATFORM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You agree to defend, indemnify, and hold harmless TractOps, Inc. and its officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Service; (c) your Community Data; (d) your violation of any applicable law or regulation; or (e) your infringement of any third-party right, including any intellectual property right or privacy right.

This indemnification obligation will survive termination of these Terms and your use of the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You will not settle any such claim without our prior written consent.

The indemnification obligations set forth herein apply whether or not the claims at issue allege negligence on the part of any indemnified party, except where the claims arise from the gross negligence or willful misconduct of TractOps, Inc.

Either party may terminate these Terms and your access to the Service at any time. You may cancel your subscription through the account settings in the Service or by contacting our support team. Cancellation will take effect at the end of the current billing period for monthly subscriptions, or at the end of the annual term for annual subscriptions, unless otherwise agreed.

We may suspend or terminate your access to the Service immediately, without prior notice or liability, if we determine in our sole discretion that you have violated these Terms, that your use poses a security or operational risk to the Service or other users, that we are required to do so by law, or that continuation of your access is not in the best interest of the Company or other users. In such cases, we will endeavor to notify you promptly following termination.

Upon termination for any reason: (a) your right to access and use the Service immediately ceases; (b) we will retain your Community Data for ninety (90) days and make it available for export upon request; (c) any provisions of these Terms that by their nature should survive termination will survive, including Sections 7 (Intellectual Property), 9 (Disclaimers and Limitation of Liability), 10 (Indemnification), and 12 (Governing Law).

Termination of these Terms does not relieve you of any obligation to pay any outstanding fees that accrued prior to the effective date of termination. Fees paid for unused subscription periods are non-refundable, except as expressly stated in Section 4 of these Terms.

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding arising under or related to these Terms shall be brought exclusively in the state or federal courts located in Santa Clara County, California, and you hereby consent to the personal jurisdiction and venue of such courts.

Any claim or cause of action arising out of or related to these Terms or the Service must be filed within one (1) year after such claim or cause of action arose, or be forever barred. This limitation applies regardless of any statute or law to the contrary.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The failure of TractOps to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. These Terms constitute the entire agreement between you and TractOps with respect to the Service and supersede all prior agreements and understandings.

EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHTS TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, CLAIM, OR COUNTERCLAIM ARISING UNDER OR RELATED TO THESE TERMS OR THE SERVICE. You agree that any claims must be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email to the address associated with your account and by posting a prominent notice on the Service. We will provide at least thirty (30) days' advance notice before material changes take effect, except where such changes are required by law.

Your continued use of the Service after the effective date of any revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you may terminate your account before the revised Terms take effect. Termination under these circumstances will be treated as a voluntary cancellation, and any applicable refund policy will apply.

We maintain an archive of prior versions of these Terms, which is available upon request. The date of the most recent revision appears at the top of this page. We encourage you to review these Terms regularly to stay informed of any updates.

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us. We will make every effort to respond to your inquiry within five (5) business days.

For urgent security matters, please email security@tractops.com and include “URGENT” in the subject line. We aim to respond to security reports within 24 hours on business days.