Terms of Service Version 1

1. Definitions

Throughout these Terms of Service (“Terms”), the following definitions apply:

• “Company,” “we,” “us,” or “our” refers to Rezzly LLC, a California limited liability company.
• “Service” or “Platform” refers to the web application, APIs, and related services operated by the Company for HOA management.
• “User,” “you,” or “your” refers to any individual or entity that accesses or uses the Service.
• “HOA” refers to a homeowners association, property owners association, condominium association, or similar community governance organization.
• “Governing Documents” refers to CC&Rs, bylaws, rules, architectural guidelines, and other enforceable community documents uploaded to the Platform.
• “Board Member” refers to a User with authority to act on behalf of an HOA’s board of directors.
• “Management Company” refers to a professional property management entity authorized to act on behalf of an HOA.
• “Resident” refers to a homeowner, tenant, or occupant within a community governed by an HOA.
• “Violation Report” refers to a submission to the Platform that includes photographic evidence and a description of a potential covenant violation.
• “AI Analysis” refers to any automated or machine-learning-assisted review, flagging, categorization, or assessment performed by the Platform.
• “User Content” refers to all data, text, images, photographs, documents, and other materials uploaded, submitted, or transmitted through the Service by Users.
• “Subscription” refers to the paid plan under which an HOA or Management Company accesses the Service.

2. Acceptance of Terms

By creating an account, accessing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy (incorporated herein by reference), and any additional guidelines or policies referenced in these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Platform. For material changes that affect your rights, we will make reasonable efforts to provide at least thirty (30) days’ advance notice via email. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

3. Eligibility

You must be at least eighteen (18) years of age and capable of forming a binding contract to use the Service. The Service is intended for use within the United States.

4. Account Registration and Responsibilities

4.1 Account Creation

To access the Service, you must create an account and provide accurate, complete, and current information. You agree to update your account information promptly.

4.2 Account Types and Roles

The Service supports multiple User roles including Board Members, Management Company representatives, Residents, and Homeowners. You agree to use the Service only within the scope of the permissions assigned to your role.

4.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to immediately notify us of any unauthorized use.

4.4 Organizational Accounts

HOAs and Management Companies that subscribe are responsible for managing their Users’ access and ensuring compliance with these Terms.

5. Description of Service

5.1 Core Functionality

The Service provides a web-based platform that enables HOAs to document, track, manage, and resolve violations of their Governing Documents.

5.2 AI-Assisted Analysis — Human Review Requirement

“Documented human review” means that an identifiable person within the subscribing organization must review the AI output, consider the specific circumstances of the alleged violation, and independently determine that enforcement action is warranted. The subscribing organization must maintain records of human review decisions — including the identity of the reviewer and the date of review — for a period of three (3) years. The Company reserves the right to audit compliance with the human review requirement. Failure to comply with the human review requirement does not limit or reduce the subscribing organization’s obligations under Sections 13 and 14.

5.3 Conforming Dispute Process

As a condition of using AI Analysis features, the subscribing HOA or Management Company must maintain an internal dispute resolution process that meets the following minimum requirements:

• Written Notice: Any violation notice generated with the assistance of AI Analysis must be delivered to the affected Resident in writing (electronic delivery is acceptable).
• AI Disclosure: The notice must clearly disclose, in plain language, that AI-assisted analysis was used in identifying or assessing the potential violation.
• Response Window: The Resident must be given no fewer than fourteen (14) calendar days from receipt of the notice to respond to, contest, or provide additional context regarding the alleged violation before any fine or penalty is imposed.
• Hearing or Review: Before any fine becomes final, the Resident must have the opportunity for a hearing or formal review by a human decision-maker who was not involved in the initial AI-assisted flagging. This may be a board hearing, committee review, or another process consistent with the subscribing organization’s Governing Documents and applicable state law.
• Written Determination: The outcome of the dispute process must be documented in writing and provided to the Resident, including the basis for the decision.

The subscribing organization must certify compliance with these minimum requirements as a condition of activating or continuing to use AI Analysis features.

The Company reserves the right to suspend or disable AI Analysis features for any subscribing organization that fails to maintain a conforming dispute process. Such suspension does not constitute a breach by the Company or entitle the subscriber to any refund or credit.

These requirements set a floor, not a ceiling. Subscribing organizations remain responsible for complying with all applicable state and local laws governing HOA dispute resolution, which may impose additional or more protective requirements.

The Company is not a party to and does not adjudicate any dispute between an HOA and a Resident. The Company’s role is limited to setting standards for how its AI tools are used. The HOA retains full authority and responsibility for all enforcement decisions.

5.4 No Legal Advice

The Service does not provide legal advice. Consult with qualified legal counsel regarding all legal matters related to covenant enforcement.

6. Subscriptions, Billing, and Payment

6.1 Subscription Plans

Access to the Service requires a paid Subscription, available on a monthly or annual basis.

6.2 Billing and Payment

By subscribing, you authorize us to charge the payment method on file on a recurring basis. All fees are payable in USD.

6.3 Automatic Renewal

Subscriptions automatically renew unless cancelled prior to the renewal date.

6.4 Price Changes

We will provide at least thirty (30) days’ advance notice of any price increase.

6.5 Refund Policy

Monthly fees are non-refundable. Annual Subscriptions cancelled within 30 days may receive a prorated refund.

6.6 Taxes

You are responsible for applicable taxes, excluding taxes based on the Company’s net income.

6.7 Violation Payment Processing

The Company acts solely as a payment facilitator and is not a party to any dispute between an HOA and a Homeowner regarding fines.

7. User Content

7.1 Ownership and License

You retain all ownership rights in your User Content. You grant the Company a non-exclusive, royalty-free license, limited to the United States, to use, reproduce, and process your User Content solely as necessary to provide, maintain, and support the Service. This license includes the right to process User Content through AI Analysis features as described in Section 5.2, and through the observability and evaluation tools described in Section 7.2. This license terminates upon termination of the subscribing organization’s account, subject to the data retention provisions set forth in Section 10.

7.2 AI and User Content

The Company does not use User Content to train, fine-tune, or otherwise develop machine learning or artificial intelligence models. User Content — including photographs, Violation Reports, personal data, and all other materials submitted through the Service — is not incorporated into any training dataset.

The Company uses internal performance monitoring and evaluation tools (such as prompt observability platforms) to review AI input/output pairs for the following limited purposes:

• Monitoring AI performance and accuracy;
• Debugging errors or unexpected outputs; and
• Improving prompt quality and the reliability of AI Analysis features.

Access to AI input/output data for these purposes is restricted to authorized Company personnel and is subject to internal access controls and confidentiality obligations. The Company does not use this data to build or improve AI models for any purpose outside the Service. The Company applies reasonable data minimization practices to limit the amount of personal data retained in observability and evaluation tools. The subscribing organization may request additional information about these practices upon reasonable request.

7.3 Representations and Warranties

You represent that you own or have rights to all User Content, that it does not infringe third-party rights, and that photographic evidence was obtained lawfully.

7.4 Content Restrictions

You agree not to upload content that is unlawful, defamatory, harassing, discriminatory, or intentionally false.

7.5 Photographic Evidence and Incidental Data Collection

Photographs submitted as part of Violation Reports should be limited to documenting the alleged violation and the relevant property area. Users should make reasonable efforts to avoid capturing:

• Identifiable individuals, especially minors;
• Vehicle license plates;
• Interior spaces of residences visible through windows or open doors; and
• Areas beyond the scope of the alleged violation.

The submitting User is solely responsible for ensuring that photographic evidence is obtained lawfully and in compliance with applicable federal, state, and local privacy laws. The Company does not review photographs for privacy compliance prior to processing.

Any individual who believes their personal data (including their likeness) has been captured in photographic evidence submitted to the Platform may submit a removal request to the Company. Upon receipt, the Company will forward the request to the relevant subscribing organization for review, cooperate with the subscribing organization in evaluating and, where appropriate, redacting or removing the material, and comply with applicable state privacy laws regarding deletion requests.

Photographs submitted through the Service may be processed by AI Analysis features solely for the purpose of assessing potential violations of Governing Documents. Any AI processing of photographic content is subject to the same human review requirements and dispute processes established in Sections 5.2 and 5.3.

The Service is not a surveillance tool and must not be used for continuous or systematic monitoring of individuals. Violation Reports must relate to specific, identifiable potential violations of Governing Documents.

7.6 Content Removal

We reserve the right to remove content that violates these Terms or applicable law.

8. Acceptable Use

You agree to use the Service only for its intended purpose. You agree not to:

• Use the Service for any unlawful purpose;
• Discriminate against, harass, or retaliate against any individual;
• File false or bad-faith Violation Reports;
• Reverse-engineer or decompile the Service;
• Circumvent security features;
• Use automated means to access the Service;
• Sublicense or redistribute access;
• Impair the Service or impersonate others; or
• Violate applicable privacy laws.

9. Intellectual Property

The Service and all related intellectual property is owned by the Company or its licensors. These Terms grant you only a limited right to use the Service. The Company’s trademarks may not be used without written permission. Any Feedback you provide is assigned to the Company.

10. Privacy and Data Protection

10.1 Relationship of the Parties

Your use of the Service is subject to our Privacy Policy, which is incorporated herein by reference. The subscribing HOA or Management Company determines the purposes and means of processing personal data collected through the Service. The Company processes such personal data on behalf of, and at the direction of, the subscribing organization solely as necessary to provide, maintain, and support the Service.

10.2 U.S. State Privacy Law Compliance

The Company complies with applicable U.S. state privacy laws, including but not limited to the California Consumer Privacy Act as amended by the California Privacy Rights Act (CCPA/CPRA), and comparable laws in other states. With respect to personal information processed on behalf of subscribing organizations, the Company acts as a “service provider” as that term is defined under the CCPA/CPRA.

The Company does not sell or share (as those terms are defined under the CCPA/CPRA) personal information of Residents or Users.

Residents in applicable states may have rights to access, delete, and correct their personal information under applicable state privacy laws. Because the subscribing organization determines the purposes of processing, such requests should be directed to the relevant HOA or Management Company in the first instance. The Company will provide reasonable cooperation to the subscribing organization in fulfilling such requests.

The Company will enter into data processing addenda or similar agreements with subscribing organizations upon reasonable request, to the extent required by applicable state law.

10.3 Security

The Company maintains commercially reasonable administrative, technical, and physical safeguards appropriate to the nature and sensitivity of the personal data processed through the Service. These safeguards are designed to protect against unauthorized access, use, alteration, or destruction of personal data, and are reviewed periodically.

10.4 Breach Notification

In the event of a data breach affecting personal information processed through the Service, the Company will notify the affected subscribing organization without unreasonable delay and in accordance with applicable state breach notification laws. The Company will cooperate with the subscribing organization in meeting its own notification obligations to affected individuals and regulatory authorities.

10.5 Data Retention and Export

Upon termination of a subscribing organization’s account, the organization’s data will be retained in an accessible, exportable state for a period of ninety (90) days, during which the organization may request a data export.

Data exports will be provided in a standard, machine-readable format (e.g., CSV, JSON, or PDF as appropriate to the data type).

After the ninety (90) day export window, the Company will delete or de-identify the subscribing organization’s data within a commercially reasonable timeframe, except to the extent retention is required by applicable law or for legitimate business purposes (e.g., maintaining anonymized and aggregated analytics or complying with legal holds).

Individual Residents may request deletion of their personal data through their HOA, subject to applicable law and the HOA’s own retention obligations.

11. Third-Party Services

The Service may integrate with third-party services governed by their own terms. We are not responsible for third-party practices.

12. Disclaimer of Warranties

The Company does not warrant uninterrupted service, accurate AI results, or the legal enforceability of any Governing Documents.

13. Limitation of Liability

The Company has no liability for enforcement actions taken based on AI Analysis where the subscribing organization has failed to comply with the human review requirements of Section 5.2 or the conforming dispute process requirements of Section 5.3. The Company bears no liability for fines imposed using the Service or for errors in User Content. The limitations in this section apply with particular force where the subscribing organization has failed to comply with Sections 5.2 or 5.3.

14. Indemnification

You agree to indemnify and hold harmless the Company from claims arising from your use of the Service, your User Content, your violation of these Terms or applicable law, and any enforcement actions facilitated by the Service.

The indemnification obligation expressly includes, without limitation, claims, damages, or liability arising from:

• The subscribing organization’s failure to conduct documented human review before taking enforcement action based on AI Analysis, as required by Section 5.2;
• Enforcement actions taken in reliance on AI Analysis without the documented human review required by Section 5.2;
• The subscribing organization’s failure to maintain or follow the conforming dispute process required by Section 5.3; and
• Claims brought by Residents alleging denial of due process, inadequate notice, or other procedural deficiencies related to AI-assisted enforcement.

15. Fair Housing Compliance

The Service must be used in compliance with the Fair Housing Act and all anti-discrimination statutes. The Company may terminate access if the Service is used in a discriminatory manner.

16. Dispute Resolution and Arbitration

16.1 Informal Resolution

You agree to attempt informal resolution for at least sixty (60) days before initiating formal proceedings.

16.2 Binding Arbitration

Disputes shall be resolved through binding arbitration administered by the AAA in California.

16.3 Class Action Waiver

16.4 Exceptions

Either party may seek injunctive relief for IP violations. Small claims court is also available.

16.5 Opt-Out

You may opt out of arbitration within thirty (30) days of accepting these Terms.

16.6 Governing Law

These Terms are governed by California law. Non-arbitration disputes are subject to exclusive jurisdiction in the state and federal courts located in California.

17. Termination

You may terminate at any time. We may suspend or terminate your access for breach, non-payment, or harmful conduct. Upon termination, your right to use the Service ceases, subject to the data retention and export provisions set forth in Section 10.5.

18. DMCA and Copyright Policy

If you believe content infringes your copyright, you may submit a DMCA notification to our designated Copyright Agent.

19. Electronic Communications

By using the Service, you consent to receive electronic communications that satisfy any legal writing requirement.

20. Force Majeure

The Company is not liable for failures due to circumstances beyond its reasonable control.

21. General Provisions

These Terms constitute the entire agreement. Invalid provisions shall be modified to the minimum extent necessary. Failure to enforce any provision is not a waiver. You may not assign these Terms without consent. No third-party beneficiary rights are created.

22. Contact Information

Questions about these Terms? Contact us at:
Rezzly LLC — Email: legal@rezzly.co