Terms of Use

Welcome to HOA! These Terms of Use govern your access and use of our platform, services, and any associated applications. Please read them carefully before using our services.

1. Agreement to Terms

By accessing or using our platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree, you must not use the platform.

2. Eligibility

• Users must be at least 18 years old or have the legal capacity to enter into this agreement under applicable laws.
• By using the platform, you confirm that the information provided during registration is accurate and complete.

3. Services Provided

Our platform provides tools and services to assist in the management of homeowners associations (HOAs), including but not limited to:

• Budgeting and financial tracking tools.
• Maintenance and service management features.
• Document storage and archiving.
• Voting systems for HOA decisions.
• Communication tools for members and agents.
• Agent search and rating services.
• HOA dues collection via the integrated payment gateway (where the property's managing agency has signed an HOA Subscription Payment agreement and the property has card payment enabled).
• On-demand services marketplace where agencies offer per-visit services (e.g. AC cleaning, pest control) or pre-paid packages to unit owners.

4. User Responsibilities

• Maintain the confidentiality of your login credentials and notify us immediately of any unauthorized access to your account.
• Use the platform solely for lawful purposes and in accordance with these terms.
• Provide accurate and up-to-date information when using the platform.
• Ensure that your use of the platform complies with all applicable laws and regulations, including those governing homeowners associations.

5. Prohibited Activities

Users are prohibited from engaging in activities including, but not limited to:

• Misusing the platform or attempting to gain unauthorized access to any systems or data.
• Posting or transmitting harmful, defamatory, or illegal content.
• Infringing upon the intellectual property rights of others.
• Using the platform to distribute malware, spam, or other harmful content.
• Harassing or impersonating other users.

6. Fees and Payments

• Some features or services may require payment. By initiating a payment through the platform, you agree to provide accurate payment details and authorise the platform — through its payment processor — to charge the applicable amount.
• Card payments are processed by our payment processor, Tap Payments (tap.company). HOA does not store full card details; those are held by Tap, who is responsible for PCI DSS compliance.
• Where the platform displays prices, those prices are inclusive of any applicable VAT unless explicitly stated otherwise.
• We reserve the right to change our pricing and subscription models with prior notice.
• Refunds, where applicable, are governed by our Refund Policy.

7. Payment Intermediary Role

For HOA dues collection and the on-demand services marketplace, HOA operates as a payment intermediary between unit owners (the payers) and the managing agency (the recipient). Specifically:

• Customer payments are received into HOA's merchant account with the payment processor, then settled to the agency's bank account on the agency's configured cadence (for services) or upon reaching the configured payout threshold (for dues collection).
• Before settlement, HOA deducts a platform fee — for on-demand services this is a commission percentage negotiated with each agency; for HOA dues collection it is a flat 3% per transaction (VAT-inclusive) covering payment-gateway costs.
• HOA issues a tax invoice to the agency for its platform fees, reported to the Zakat, Tax and Customs Authority (ZATCA) as required by Saudi e-invoicing regulations.
• For pay-upfront on-demand services, an invoice from the agency to the customer is issued at the time of purchase and is available to the customer in the mobile application.
• HOA dues collection does not generate a customer-side tax invoice: it is a pass-through of the owner's own dues, not a sale of services to the owner.
• The commercial terms (commission rates, settlement cadence, payout threshold, etc.) between HOA and each agency are governed by a separate written agreement signed by both parties; these Terms of Use do not override that agreement.

8. Refunds and Cancellations

The handling of refunds, order cancellations, and disputed charges is governed by our Refund Policy, which forms part of these Terms of Use. By using the platform's paid features, you agree to be bound by the Refund Policy.

9. Intellectual Property

All intellectual property rights, including but not limited to trademarks, logos, and software, are owned by HOA or our licensors. Users may not copy, modify, or distribute any part of the platform without prior authorization.

10. Privacy and Data Protection

Your use of the platform is subject to our Privacy Policy. We are committed to protecting your data and using it only in accordance with applicable privacy laws.

11. Third-Party Services

The platform integrates with third-party services to deliver its features, including Tap Payments (card processing), Saudi Cloud Computing Company / SCCC (hosting and object storage in Riyadh), Amazon Web Services SES (transactional email delivery), and ZATCA (e-invoicing). HOA's reliance on those services is described in the Privacy Policy. We are not responsible for the content, policies, or operational availability of third-party services; transient outages on a third-party may delay payment, settlement, or invoice generation.

12. Limitation of Liability

To the extent permitted by law, HOA is not liable for any indirect, incidental, or consequential damages arising from your use of the platform, including but not limited to loss of data, loss of revenue, or system failures. HOA's role as a payment intermediary does not make it the originator of an underlying obligation between the unit owner and the agency.

13. Termination of Services

We reserve the right to suspend or terminate your account and access to the platform if you violate these Terms of Use or engage in any unauthorized activities. Suspension of an agency's commercial agreement with HOA may also cause the agency's payment-intermediary features to be disabled; customer-facing settlement obligations for already-captured payments remain in force.

14. Governing Law

These Terms of Use are governed by the laws of the Kingdom of Saudi Arabia. Any disputes arising from these terms will be subject to the exclusive jurisdiction of the competent courts in Jeddah.

15. Amendments

We may update these terms periodically. Users will be notified of significant changes, and continued use of the platform constitutes acceptance of the updated terms.

16. Contact Information

If you have questions or concerns about these Terms of Use, please contact us at:

Email: help@hoa.sa

Effective Date: to be set on publication