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Terms of Service
These Terms of Service ("Terms") govern your access to and use of Commonwell (the "Service"), operated by Commonwell ("we", "us"). You accept these Terms by checking the box to agree when you create an account, accept an invitation, or create a community, or when we ask you to accept an updated version. If you create a community, you accept them on its behalf and confirm that you are authorized to do so.
1. The Service
Commonwell provides software for community associations (HOAs, condos, co-ops) to manage members, dues, payments, documents, communications, and related operations. We may add, change, or remove features over time.
2. Accounts and eligibility
You must provide accurate information and are responsible for activity under your account and for keeping your credentials secure. Administrators are responsible for the members they invite and the data they upload.
3. Customer data and ownership
As between you and us, your community's data is yours. You grant us a limited license to host, process, and transmit it solely to provide and support the Service. Our handling of personal data is described in the Privacy Policy, and our Data Processing Addendum applies to personal data we process on your community's behalf.
4. Payments
- Subscription. Paid plans are billed in advance on a recurring monthly or annual basis and renew automatically until canceled. You can cancel at any time from the Billing page; cancellation stops the next renewal, and your plan stays active through the end of the period you already paid for. Fees are non-refundable except where required by law or expressly stated.
- Dues and vendor payments. Payment processing is provided by a third-party, PCI DSS Level 1 certified payment processor and is subject to that processor's services agreement. We never store full card numbers. Card and bank data is handled by our payment processor; we receive only tokens and limited metadata (e.g., card brand and last four digits).
- Disputes. You are responsible for resolving payment disputes with your members and vendors; we provide records to assist.
5. Acceptable use
You agree not to misuse the Service, including: violating laws; infringing others' rights; uploading malware; attempting to breach security or access data that isn't yours; sending unlawful or unsolicited bulk messages; or using the Service to harass others. Copyright complaints about content hosted on the Service, including community websites and shared files, are handled under our Copyright Policy.
6. Communications
By using the Service you consent to receive transactional emails. Community broadcasts are sent by administrators of your community, and recipients may unsubscribe from non-essential email or push messages. SMS broadcasts require your separate affirmative opt-in for a valid phone number. Message frequency varies; message and data rates may apply; SMS consent is optional and is not a condition of using the Service. Reply STOP to revoke SMS consent or HELP for help. A later START reply records a new opt-in.
7. Third-party services
The Service relies on and integrates with third parties, including the providers listed on our Sub-processors page (for example Stripe for payments, and optional QuickBooks and Twilio integrations). Your use of those integrations is subject to their terms.
8. Availability and changes
We target 99.9% monthly uptime for the core application (admin, resident, and vendor apps, dues payments, and public community sites), measured by our periodic readiness probes and published on our status page. This is a service target, not a credit-bearing SLA, unless a separate written agreement says otherwise. For a major incident we post updates to the status page and notify affected community administrators. We may modify or discontinue features, and may update these Terms. We notify you of material changes and ask you to accept the updated Terms before you continue using the Service.
9. Termination
You may stop using the Service at any time. We may suspend or terminate access for breach of these Terms or to comply with law. When a subscription ends or a trial expires, the public site goes offline and a seven-day recovery window begins. If service is not restored during that window, the community workspace becomes a recoverable read-only archive. Archived community data has no automatic deletion deadline. An authorized owner may resubscribe to restore service, request an export, or explicitly and permanently delete the community through the confirmation flow. Individual privacy rights and legally required retention continue to apply.
10. Disclaimers
The Service is provided "as is" without warranties of any kind. Commonwell is a software tool and is not a law firm, accounting firm, or financial advisor. Outputs (e.g., tax worksheets, reserve projections, 1099 exports) are starting points and should be reviewed by a qualified professional. Concierge, the optional AI assistant, generates drafts and answers from your community's data; AI output can be inaccurate or incomplete, so review it before relying on it. Concierge asks you to confirm before it changes records or sends messages.
11. Indemnification
You will defend and indemnify Commonwell against third-party claims arising from content that you or your community's members upload or publish through the Service, or from your violation of these Terms or applicable law, and pay the resulting amounts finally awarded or agreed in settlement.
12. Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, or consequential damages, and our aggregate liability is limited to the fees you paid for the Service in the twelve months before the claim.
13. Governing law
These Terms are governed by the laws of the State of Florida, USA, without regard to conflict-of-law rules, and exclusive venue lies in the state or federal courts located in Palm Beach County, Florida.
14. Contact
Questions about these Terms: legal@commonwell.app.