Terms of Service
Last updated 2026-05-12
0. Acceptance
By submitting an order on the HOA Notes order form (the "Order Form"), you agree to these Terms of Service ("Terms") and to the Privacy Policy. The Order Form requires you to check three acknowledgments before payment is collected: (a) that you are authorized to share the disclosure packet you upload, (b) that you understand the Brief is not legal advice, and (c) that you accept these Terms and the Privacy Policy. Your checkbox acceptance, the timestamp, and your Internet Protocol (IP) address are recorded as the click-wrap acceptance event for any subsequent dispute.
You may not use the Service without agreeing to these Terms. If you do not agree, do not submit the Order Form or use the Service. Your checkbox acknowledgments constitute an electronic signature under the California Uniform Electronic Transactions Act (Civil Code §1633.7) and form a legally binding agreement between you and HOA Notes. By proceeding past the Order Form, you confirm that you have read these Terms and the Privacy Policy in full, that you intend to be bound by them, and that you have the legal authority to enter this agreement on your own behalf or on behalf of any organization for whom you are placing the order.
1. Service description
HOA Notes ("the Service") accepts a Homeowners Association (HOA) disclosure packet from a real estate agent or buyer ("Customer"), processes uploaded documents using automated extraction and language model analysis, and returns a buyer brief, a red flag list, and a set of agent talking points ("the Brief"). The Service is operated by Aliso LLC ("Operator"), a California limited liability company based in Orange County, California.
2. What the Service is not
The Brief is not legal, financial, investment, or real estate advice. HOA Notes is not a law firm, the Operator is not your attorney, and no attorney client relationship is created by your use of the Service. The Brief is a starting point for your own due diligence and for your buyer's attorney's review. Always have a real estate attorney licensed in your state review HOA disclosures before close.
The Brief is also not a substitute for the disclosure packet itself, a property inspection, an appraisal, an escrow officer's review, or a title report. It is a reading aid.
The Brief is generated by automated systems including large language models. Output may contain errors, omissions, or misinterpretations. The Brief reports what HOA Notes' automated analysis identified in the documents you uploaded, which may differ from what those documents actually contain, what a human reviewer would identify, or what a court would conclude on the same facts. HOA Notes does not assume any duty of care or professional obligation to you, any person you represent, the buyer, the seller, the HOA, or any third party.
2A. Non-reliance and assumption of risk
You agree not to rely solely on the Brief for any real estate decision, contract acceptance, contingency removal, escrow close, financing decision, or other action with material financial consequences. The Brief is a starting point for due diligence and a reading aid for the disclosure packet; it is not a substitute for the buyer's own review of the documents, the buyer's agent's professional judgment, the buyer's attorney's legal review, the buyer's inspector's report, the buyer's appraiser's opinion, the escrow officer's review, or the title officer's report.
You acknowledge that real estate transactions involve significant financial risk and that no automated tool can eliminate that risk. By accepting these Terms, you confirm that you understand the limits of the Service and that any reliance on the Brief is at your own risk. You further agree that any decision you make, or advise any person you represent to make, after reviewing the Brief is your decision (or that person's decision), not HOA Notes' recommendation, and that HOA Notes is not responsible for the outcome of any such decision.
3. Eligibility
You must be at least 18 years old, authorized to share the disclosure packet you upload, and using the Service for lawful due-diligence purposes related to a residential real estate transaction in a state HOA Notes serves. By uploading a packet, you represent that you have the right to share its contents with HOA Notes for the purpose of generating a Brief, and that you are not subject to any confidentiality obligation, court order, or third-party agreement that prohibits the disclosure. You are responsible for ensuring your use of the Service complies with all applicable laws, regulations, and any contractual obligations you owe to third parties (including but not limited to your brokerage, any person you represent, and the seller).
4. Payment
- Per-packet: a flat fee charged at the time you submit the packet on the Order Form. Listed on the pricing page when published.
- Brokerage Seat License: an annual recurring per-agent fee for participating brokerages, with a 10-seat minimum. Each Seat is for one named individual; sharing credentials across agents is a material breach giving HOA Notes the right to suspend the brokerage's account. Includes unlimited Briefs per Seat per year, subject to the cancellation, termination, fair-use, and audit terms in §4A. The annual fee is non-refundable once any Brief has been delivered or after the 30-day cancellation window in §4A(a) closes. Listed on the pricing page when published.
- Enterprise: custom annual pricing for multi-office brokerages, negotiated and executed via a separate Order Form referencing these Terms. Inquire via the contact form.
- All payments are processed by Stripe. You agree to Stripe's terms of service when you submit payment information.
- Prices are quoted in United States Dollars (USD) and exclude any applicable sales or use tax.
- Brokerage Seat License renews automatically until you cancel. Cancel anytime via the billing portal in your Broker Portal Account page, via the contact form, or by emailing hello@hoanotes.com at least 30 days before the renewal date. Cancellations via the billing portal take effect at the end of the current annual term; access continues through the paid period per §4A(a).
4A. Brokerage Seat License additional terms
This section applies only to the Brokerage Seat License. The per-packet and Enterprise tiers are governed by the other sections of these Terms.
(a) 30-day cancellation window. A Brokerage may cancel a Brokerage Seat License within 30 days of the start of the annual term for a pro-rata refund of unused days, provided HOA Notes has not yet generated any Brief against the Brokerage's submissions during that period. Once any Brief has been delivered, or after the 30-day window expires, the Brokerage Seat License is non-refundable for the remainder of the annual term.
(b) Termination for cause. HOA Notes reserves the right to terminate a Brokerage Seat License immediately and without refund on documented occurrence of any of the following: (i) credential sharing across more than one named individual per Seat; (ii) resale, public hosting, or material redistribution of Briefs to non-paying parties; (iii) automated, scripted, or bulk submissions inconsistent with normal real-estate-agent use; (iv) sustained breach of the fair-use limits in §4A(c); or (v) material misrepresentation in the Order Form. Termination under this clause does not relieve the Brokerage of payment obligations accrued prior to termination.
(c) Fair use. The Brokerage Seat License includes unlimited Briefs per Seat per year subject to a soft fair-use ceiling of thirty (30) Briefs per Seat per calendar month and a hard ceiling of thirty-five (35) Briefs per Seat per calendar month. The aggregate Brokerage limit per calendar month is the Seat count multiplied by thirty. HOA Notes will provide email notification when a Seat or Brokerage approaches a soft ceiling and may suspend further submissions on a Seat or Brokerage that reaches a hard ceiling pending operator review. Suspension under this clause is not a termination and is reversible by mutual agreement.
(d) Audit and reporting. HOA Notes may compile per-Seat usage reports at any time on no less than seven (7) days' written notice for the purpose of verifying compliance with the named-individual Seat clause (§4) and the fair-use limits (§4A(c)). The Brokerage agrees to provide a current Authorized Agent roster within seven (7) days of any audit request. Per-Seat usage telemetry is available continuously to the Brokerage's named admin via the customer portal.
5. Refunds
(a) Satisfaction guarantee. If you are not satisfied that the Brief was useful to you, notify HOA Notes via the contact form or email hello@hoanotes.com within 7 days of delivery, and HOA Notes will refund your payment in full. You do not need to identify a defect or give a reason beyond your request. This guarantee is subject only to the anti-abuse provision in paragraph (c).
(b) Material failure. Independently of the satisfaction guarantee, a "material failure" is one of these technical failures: (i) the Brief file is empty, corrupted, or fails to download; (ii) the Brief is missing one or more required sections (Risk Score, red flags, talking points); or (iii) delivery exceeds the 1-hour service-level guarantee. A material failure reported within 7 days of delivery is eligible for a full refund or a regeneration of the Brief at HOA Notes' option.
(c) Abuse. HOA Notes reserves the right to deny a refund request in cases of abuse, including (without limitation): repeated submissions of the same packet for refund-then-resubmit purposes; refund requests timed to extract free analysis after the Brief has been used in a transaction or negotiation; or any pattern of refund requests that, in HOA Notes' reasonable judgment, defeats the purpose of this section. A denial under this paragraph applies to both the satisfaction guarantee in (a) and the material-failure refund in (b).
6. Packet ownership, confidentiality, and data handling
- You retain ownership of any disclosure packet you upload. HOA Notes is granted a limited license to process the packet for the purpose of generating your Brief.
- HOA Notes will not sell or share your packet contents with third parties beyond the service providers listed in our Privacy Policy.
- HOA Notes will not use your specific packet to train third party Artificial Intelligence (AI) models.
- Aggregate, anonymized metrics derived from packets (for example: median packet length, most common red flag categories) may be used for service improvement and public communications.
- Retention: uploaded packets are retained for 30 days from delivery of the Brief, then automatically deleted from HOA Notes' active storage. Generated Briefs (the buyer-facing artifacts) are retained for 12 months so you can re-download them. Cost-log telemetry (token counts, cost amounts, model identifiers; no packet content) is retained indefinitely for accounting and capacity planning. See the Privacy Policy for the full data-handling lifecycle, including subprocessor list and California Consumer Privacy Act (CCPA) disclosures.
- Security: HOA Notes uses industry-standard transport-layer encryption (HTTPS) and at-rest encryption (Cloudflare R2 server-side encryption) for packet contents. However, no method of transmission or storage over the public internet is completely secure. By using the Service you acknowledge this inherent risk.
7. Acceptable use
- Do not upload packets you are not authorized to share.
- Do not upload content that contains malware, embedded executables, or otherwise hostile payloads.
- Do not attempt to circumvent rate limits, payment, or authentication.
- Do not redistribute Briefs in a way that misrepresents them as legal advice or as the work product of an attorney.
- Do not reverse-engineer the Brief output to derive the underlying prompts, models, processing methodology, or proprietary scoring logic.
- Do not use Briefs, structured outputs, or any HOA Notes service output as training data, fine-tuning data, evaluation data, or input for any artificial intelligence model that competes or could compete with HOA Notes.
7A. Copyright complaints and DMCA notice procedure
The formal procedure - including the registered DMCA Designated Agent at the United States Copyright Office, every Section 512(c)(3) and Section 512(g)(3) element required for a valid notice or counter-notice, the repeat-infringer policy, and the confidentiality handling for forwarded notices - is published at /dmca. The summary below is provided for convenience; the procedure at /dmca governs in the event of any inconsistency.
HOA Notes accepts user-uploaded documents (disclosure packets). If you believe content uploaded to HOA Notes infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. §512(c)(3), to our designated agent.
DMCA Designated Agent
Aliso LLC dba HOA Notes
Attention: DMCA Agent
Email: [email protected] with subject "DMCA notice"
Contact form: /contact with "DMCA notice" in the message.
Your notice must include each of the following, per §512(c)(3)(A):
- a physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf;
- identification of the copyrighted work claimed to have been infringed;
- identification of the material claimed to be infringing and sufficient information to locate it (the specific URL or order identifier);
- your name, address, telephone number, and email address;
- a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
- a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the owner's behalf.
Upon receipt of a valid notice, HOA Notes will (a) acknowledge receipt within one business day, (b) remove or disable access to the material identified, and (c) take reasonable steps to notify the user who uploaded the material. Accounts of repeat infringers will be terminated.
Counter-notice procedure. If you believe material was removed in error or misidentification, you may submit a counter-notice under 17 U.S.C. §512(g)(3) to the same designated agent. Your counter-notice must include a physical or electronic signature; identification of the material removed and the location it appeared before removal; a statement under penalty of perjury that you have a good faith belief the material was removed as a result of mistake or misidentification; and your name, address, and telephone number, with consent to the jurisdiction of the federal district court for the judicial district where you reside (or, if outside the United States, the Northern District of California). On a valid counter-notice and absent the copyright owner filing suit within ten business days, we will restore the material.
Misrepresentation. Submitting a knowingly false DMCA notice or counter-notice is subject to penalties under 17 U.S.C. §512(f), including damages and attorneys' fees.
8. Liability disclaimer
The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by California law, HOA Notes disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non infringement. HOA Notes does not guarantee the accuracy, completeness, timeliness, or reliability of the Brief. The Brief reports what HOA Notes' automated analysis identified in the uploaded documents, which may differ from what those documents actually contain, what a human professional would identify on a manual review, or what a court would conclude on the same facts.
HOA Notes' total liability for any claim arising out of or related to the Service is limited to the amount you paid HOA Notes in the 12 months immediately preceding the event giving rise to the claim, or US $500, whichever is greater. The limitation of liability stated in this §8 is your sole and exclusive remedy for any claim against HOA Notes arising out of or related to the Service.
In no event is HOA Notes liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption, even if HOA Notes was advised of the possibility of such damages.
Nothing in these Terms limits liability for gross negligence, willful misconduct, fraud, or any other liability that California law prohibits limiting or excluding by agreement.
9. Indemnification
You agree to indemnify, defend, and hold HOA Notes harmless from any claim, demand, loss, or expense (including reasonable attorneys' fees) arising out of:
- Your unauthorized upload of a packet you did not have rights to share.
- Your misrepresentation of the Brief as legal advice or as the work product of an attorney.
- Your violation of these Terms.
- Your transmission of the Brief, or any portion of the Brief, to any third party (including any person you represent, the buyer, the seller, the HOA, or any escrow, title, lender, or insurance party), and any reliance by that third party on the Brief or any portion of it.
- Any decision you make, or advise any person you represent to make, in connection with a real estate transaction after reviewing the Brief, where the harm alleged arises from your action or that of a person you represent and not from HOA Notes' violation of these Terms.
10. Governing law and dispute resolution
These Terms are governed by the laws of the State of California without regard to its conflict of laws principles. Any dispute arising out of or related to the Service that is not resolved informally will be resolved by binding arbitration in Orange County, California, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction.
Informal resolution first. Before initiating arbitration, the party raising the dispute must send written notice to the other party describing the claim and the relief sought. The parties will attempt to resolve the dispute by good-faith negotiation for at least 30 days after that notice. Arbitration may not be initiated until that 30-day period expires without resolution.
Arbitrator selection. The arbitration will be conducted by a single neutral arbitrator agreed upon in writing by both parties within 14 days of the written demand for arbitration. If the parties cannot agree within that period, either party may petition a California court of competent jurisdiction in Orange County to appoint a neutral arbitrator.
Proceedings. The arbitrator may conduct the arbitration by written submission, telephone, or videoconference unless the parties agree otherwise. The arbitrator will issue a written, reasoned award. That award may be entered as a judgment in any court of competent jurisdiction.
Class action waiver. You and HOA Notes agree that any dispute arising out of or related to the Service will be brought on an individual basis only. You and HOA Notes waive any right to bring or participate in any class action, collective action, consolidated action, mass action, or representative action. The arbitrator may not consolidate more than one party's claims and may not preside over any form of representative, class, or aggregated proceeding. If this class action waiver is held unenforceable as to any particular claim, that claim must be brought in court rather than in arbitration; the rest of these arbitration provisions continue to apply to all other claims.
Delegation. The arbitrator (and not any court) has exclusive authority to decide any dispute about the existence, scope, validity, enforceability, or interpretation of these arbitration provisions, including whether a particular claim is subject to arbitration. The only exception is the enforceability of the class action waiver in the immediately preceding paragraph, which a court may decide.
Small claims carve-out. Either party may bring a claim in California small claims court (currently capped at US $12,500 for individuals and US $6,250 for entities under California Code of Civil Procedure §116.221) in lieu of arbitration, provided the claim qualifies for that court's jurisdiction.
Arbitration costs. HOA Notes will pay the arbitrator's fees and costs for disputes not exceeding US $10,000 in claimed value. For disputes exceeding that threshold, arbitrator fees are split equally between the parties unless the arbitrator awards otherwise. Each party bears its own attorneys' fees and costs regardless of outcome, unless applicable law provides otherwise.
30-day opt-out. You have the right to opt out of these arbitration provisions by emailing hello@hoanotes.com within 30 days of your first order, with the subject line "Arbitration Opt Out" and your full name and email used at order time. (An email is required for this opt-out so the timestamp and sender address create the binding written record.) If you opt out, disputes will be resolved in the state or federal courts located in Orange County, California, but the rest of these Terms (including the class action waiver as a court-action waiver) continue to apply.
11. Changes
HOA Notes may update these Terms. Material changes will be announced by email to active customers at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance.
12. Contact
Questions, requests, support: use the contact form. Where written email correspondence is required (for example, the 30-day arbitration opt-out in §10), the canonical mailbox is hello@hoanotes.com.