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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"). By creating an account or
using the Service you agree to these Terms.
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.
4. Payments
- Subscription. Paid plans are billed in advance on a recurring basis.
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.
6. Communications
By using the Service you consent to receive transactional emails. Community
broadcasts (announcements, newsletters, SMS) are sent by administrators of your
community; recipients may unsubscribe from non-essential messages.
7. Third-party services
The Service integrates with third parties (e.g., our payment processor, our cloud
infrastructure provider, QuickBooks, Twilio). 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; material changes will be notified. Continued use after changes
means you accept them.
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. On termination you may request
an export of your data for a reasonable period, after which it may be deleted
subject to legal retention requirements.
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.
11. 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.
12. 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.
13. Contact
Questions about these Terms: legal@commonwell.app.