Terms of Service

1. Acceptance of Terms

By accessing or using the Open Book HOA LLC platform (“Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not use the Service. These Terms constitute a legally binding agreement between you and Open Book HOA LLC.

2. Description of Service

Open Book HOA LLC provides a web-based platform for homeowner association management and transparency, including document management, financial record tracking (bank statements, invoices, transactions), compliance monitoring, and AI-assisted document analysis. The platform is designed to increase transparency into HOA operations for homeowners, board members, and property managers.

3. User Accounts

• You must provide accurate and complete information when creating an account.
• You are responsible for maintaining the security of your account credentials.
• You must notify us immediately of any unauthorized access to your account.
• You are responsible for all activities that occur under your account.

4. User Responsibilities

As a user, you are responsible for:

• Ensuring that uploaded documents do not contain unauthorized or unlawfully obtained personal data
• Not uploading highly sensitive personal information, including but not limited to Social Security numbers, full bank account numbers, credit card numbers, or passwords
• Reviewing and verifying all AI-generated outputs before relying on them
• Complying with all applicable laws in connection with your use of the Service

5. HOA Responsibilities

The homeowner association (HOA) is solely responsible for compliance with applicable laws and regulations, including but not limited to record retention, disclosure requirements, and data accuracy.

HOAs are responsible for determining the lawful basis for uploading and processing member data through the platform, and for ensuring that their use of the Service complies with applicable state and local HOA governance laws, including Florida Statutes Chapter 720 where applicable.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Upload malicious files or code
• Attempt to gain unauthorized access to other users' data
• Interfere with or disrupt the Service
• Use the Service to store content unrelated to HOA management
• Scrape, harvest, or collect data from the platform
• Use the platform to harass, intimidate, or target other HOA members
• Misrepresent AI-generated outputs as certified, audited, or legally binding documents

7. Data Ownership

You retain ownership of all content you upload to the platform. By uploading content, you grant us a limited license to store, process, and display your content as necessary to provide the Service, including AI-powered analysis and document processing. This license terminates when you delete the content or your account.

Open Book HOA LLC does not claim ownership over any HOA documents, financial records, or other content uploaded by users or HOAs.

8. AI-Generated Content

The Service uses artificial intelligence to analyze documents and generate summaries, classifications, and other outputs. AI-generated content is provided for informational purposes only and is not legal, financial, or professional advice. You are responsible for reviewing and verifying all AI-generated outputs before reliance.

Open Book HOA LLC does not guarantee the accuracy, completeness, or reliability of any AI-generated content. AI may misinterpret documents, produce incomplete extractions, or generate inaccurate summaries. See our AI Disclosure for full details on AI limitations.

9. Financial System Disclaimer

Open Book HOA LLC is not an accounting system and does not guarantee financial accuracy, reconciliation, or compliance with accounting standards. Financial data displayed on the platform is derived from user-uploaded documents and AI processing, both of which may contain errors. Users should rely on qualified accounting professionals for official financial reporting and compliance.

10. Data Accuracy Disclaimer

Open Book HOA LLC does not guarantee the accuracy, completeness, or legality of any documents or data uploaded by users or HOAs. The platform displays information as provided by uploaders and as processed by AI tools. Users should independently verify any information before making financial, legal, or governance decisions.

11. Limitation of Liability

To the maximum extent permitted by law, Open Book HOA LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, revenue, profits, or business opportunities, arising from your use of the Service, reliance on AI-generated content, or any HOA disputes related to data on the platform.

In no event shall Open Book HOA LLC's total liability exceed the amount paid by you to Open Book HOA LLC in the twelve (12) months preceding the event giving rise to the claim.

12. Indemnification

You agree to indemnify and hold harmless Open Book HOA LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights, including but not limited to claims arising from uploaded content or misuse of AI-generated outputs.

13. Disclaimer of Warranties

The Service is 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. We do not guarantee that the Service will be uninterrupted, error-free, or secure. We do not warrant the accuracy of any AI-generated content or uploaded data.

14. Termination

We may suspend or terminate your access to the Service at any time for violation of these Terms or for any other reason at our sole discretion. Upon termination, your right to use the Service ceases immediately. You may request export of your data prior to account deletion, subject to our Data Processing Agreement.

15. Dispute Resolution

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in the State of Florida. You agree to waive any right to a jury trial or to participate in a class action.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any legal proceedings not subject to arbitration shall be brought in the state or federal courts located in the State of Florida.

17. Changes to Terms

We may update these Terms from time to time. Continued use of the Service after changes constitutes acceptance of the revised Terms. We will notify users of material changes via email or platform notification at least thirty (30) days before the changes take effect.

18. Contact Us

If you have questions about these Terms of Service, please contact us at legal@openbookhoa.com.