Terms of Service & Acceptable Use

1. Acceptance and who may use the service

By accessing HOA Library, you agree to these Terms and the Acceptable Use Policy below. Accounts are provided only to individuals authorized by the homeowners association ("the Association" or "the Customer") - for example, members on the Association's authorized roster. Access is personal to you and is not transferable.

2. Permitted use

• Authorized members may view, search, and download the Association records they are entitled to access, and use the AI search and Ask features as reference aids.
• Board, HOA management company, and admin roles may perform the record-management functions assigned to their role (for example uploading to the draft queue, reviewing, and publishing).
• Use must be for legitimate Association-member purposes consistent with these Terms.

3. Your representations and content rights

By using HOA Library, and in particular by creating an Association account or uploading records, you represent that:

• Authority. You are authorized to act for the Association in the capacity you claim - for example, you are on the Association's authorized roster, or you are a board member, the Association's management company, or an administrator the Association has designated. When you create or administer an Association's account, you represent that the Association has authorized you to do so, and you agree to provide the verification we reasonably request (see the Privacy Policy).
• Rights in uploaded content. For any record you upload, you represent that the Association owns it or otherwise has the right to store, index, and make it available to its authorized members through the service, and that doing so does not infringe anyone's copyright or other rights or violate any law or confidentiality obligation.
• Accuracy. The account and roster information you provide is accurate and kept up to date.
• Third-party account connections (e.g., a resident-portal import). Where you use an on-demand import to connect a third-party resident-portal account, you represent that you are authorized to access that account and are directing us to retrieve the Association's own documents from it on the Association's behalf. Your password for that third-party service is hashed in your browser before it is ever transmitted to us, is used only to authenticate for that one import, and is not stored by us afterward - we never see or retain the plaintext password. Where an ongoing automated daily sync with a third-party service has been separately arranged for your Association, any credential needed to run that sync is held only for as long as the sync remains active and only for that purpose, and you may request it be disconnected at any time.

4. Free trial

HOA Library offers a 60-day free trial before any paid term. No credit card is required and no payment is collected to start a trial, and there is no automatic charge when the trial ends. During self-serve signup an Association's account is provisional and limited to sample content until we verify that the person setting it up is authorized to represent that Association; the 60-day period begins when that verification is approved. If you do not enter into a paid agreement, the account is not charged; access to real-data features simply ends. Trial terms may be extended on request and are otherwise governed by the Customer's Service Agreement.

5. Prohibited use (Acceptable Use Policy)

You may not:

• Share, sell, or transfer your credentials, or let anyone else use your account.
• Attempt to access another organization's data, another member's restricted records, or any records or features beyond your authorized role.
• Scrape, bulk-harvest, or automate mass extraction of records beyond the provided member bulk-download function, or use bots or scripts to overload or probe the service.
• Circumvent or attack security, including authentication, rate limits, tenant isolation, or access controls; or probe for vulnerabilities without authorization.
• Upload malware, malicious code, or files intended to harm the platform or its users.
• Misuse the AI features, including attempting to exhaust resources, or relying on AI output as if it were the official record or legal advice.
• Use the service to violate any law or any other person's rights, or to harass others.
• Re-publish or distribute restricted or sensitive records outside their authorized audience.

Navecta and the Association may suspend or terminate access for violations, consistent with the Customer's Service Agreement. The Association directs account suspension and deactivation as the access-policy owner, and Navecta executes it as processor. Navecta may also suspend or restrict access on short notice where necessary to stop an active security threat, abuse, or unlawful use, or as required by law.

6. Records integrity: immutability, audited correction, and governed deletion

So that no one can quietly alter or hide Association records, HOA Library is built around record integrity:

• Drafts vs. published. New uploads land in a board-controlled draft queue and are not visible to members until the board deliberately publishes them.
• Published records are immutable. Once a record is published, its content cannot be edited or deleted by the board, by members, or by Navecta. Each published record is stamped with who published it, when, and a content hash.
• Corrections are made openly. A correction is made by publishing a new version that supersedes the old one; the original stays visible and is marked as replaced. Limited metadata corrections (for example a title typo) are allowed only through a governed, audited action that records the old value, the new value, who made the change, and when.
• Deletion is each Association's own elective choice, off by default. An Association decides for itself whether a published record can ever be removed at all. Where enabled, removing a published record requires the Association's authorized process - a recorded board approval and execution by the designated deletion-authority role - performed as a soft-delete that records the reason, the actor, and the approval reference. Records are never silently hard-deleted, and an Association that keeps deletion off retains every published record permanently; it can still be corrected, never removed. Either way, a board member may flag a published record as outdated or incorrect - a visible note to members that does not itself alter the record.

This means members can trust that what is published stays as it was published, and that any change or removal leaves an auditable trail.

7. Intellectual property

• The Association owns its records and data. As between the Association and Navecta, the Association (with its management company) owns its records, documents, and account data. Navecta claims no ownership of the Association's content and uses it only to provide the service, as described in the Privacy Policy. On termination, the Association can export its data (see Section 13).
• Navecta owns the platform. HOA Library - the software, its user interface, features, and underlying technology - is owned by Navecta LLC and its licensors. These Terms grant you a limited, non-exclusive, non-transferable right to use the service; they do not transfer any ownership in the platform, and you may not copy, resell, reverse engineer, or create derivative works of it except as permitted by law.
• AI-generated outputs. AI summaries, suggested titles and categories, and answers are generated from the Association's own records and are provided as part of the service for the Association's use. They are reference aids and do not change ownership of the underlying source records.

8. Copyright and takedown (DMCA)

Navecta respects intellectual-property rights. HOA Library is a gated, non-public archive of an Association's own records, and the Association represents that it has the rights to the content it loads (Section 3). If you believe content on the platform infringes your copyright, send a written notice to Navecta's designated agent that includes: your contact information; identification of the copyrighted work; identification of the material claimed to be infringing and where it is located; a statement that you have a good-faith belief the use is not authorized; a statement, under penalty of perjury, that the information is accurate and you are authorized to act for the rights holder; and your signature.

Send copyright notices to Navecta LLC's designated agent at [email protected] (subject line "Copyright / DMCA notice"). Because records are supplied and controlled by the Association, we will coordinate with the Association, and we may remove or restrict access to the material in question and, where appropriate, terminate access for repeat infringers.

9. Disclaimers

• The source document governs. The original record always governs; anything shown in summary, search, or AI form is a convenience and does not replace the official document.
• AI is an aid only. AI summaries and answers can be incomplete or wrong and are not legal, financial, or professional advice. Verify against the cited source documents. See our note on how HOA Library uses AI: AI features are reference aids that can make mistakes - the source document governs.
• Records-of-record determination. Whether HOA Library serves as the HOA's official records repository, and which documents constitute the official HOA records, is determined by the HOA and its management company. Navecta does not determine which records are legally member-viewable.
• No warranty of source accuracy. Records are provided by the Association. Navecta is not responsible for the accuracy, completeness, or legality of source records and does not alter their substance.
• Service provided "as is." The service is provided "as is" and "as available" without warranties to the extent permitted by law (except any warranty expressly stated in a Customer's executed Service Agreement). No internet-connected system can be guaranteed completely secure.

10. Limitation of liability; indemnification

To the maximum extent permitted by law: (a) Navecta is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits or data, or for losses arising from a member's reliance on AI output instead of the governing source document, or from the accuracy or content of the Association's source records; and (b) Navecta's total aggregate liability arising out of or relating to the service and these Terms will not exceed the greater of (i) the total fees the Customer paid to Navecta for the service in the twelve (12) months before the event giving rise to the claim, or (ii) one hundred US dollars (US$100). Where a Customer has executed a separate Service Agreement, any cap or carve-outs stated there control for that Customer. Nothing in these Terms limits liability that cannot be limited under applicable law.

Indemnification. The Customer will defend, indemnify, and hold Navecta harmless from third-party claims, damages, liabilities, and reasonable costs (including reasonable attorneys' fees) arising from or relating to: (a) records or other content the Customer or its authorized users upload, or direct Navecta to import, through the Service; (b) the Customer's or its users' breach of these Terms or the Acceptable Use Policy; or (c) a breach of the representations in Section 3. Navecta will give the Customer prompt notice of any such claim and reasonable cooperation, at the Customer's expense, in its defense.

11. Privacy

Use of the service is also governed by the HOA Library Privacy Policy, which describes what is collected, how it is protected, and the controller/processor relationship between the Association and Navecta.

12. Dispute resolution; binding arbitration; class-action waiver

PLEASE READ THIS SECTION CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS.

• (a) Informal resolution first. Before starting arbitration, you agree to try to resolve the dispute informally by emailing [email protected] and allowing 30 days.
• (b) Binding arbitration. Except for the carve-outs below, any dispute arising out of or relating to these Terms or the service will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or its Commercial Arbitration Rules, if the party bringing or defending the claim is not an individual consumer), before a single arbitrator, seated in Arizona (or conducted by video or telephone where available). Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section.
• (c) Individual basis only; class-action and jury waiver. Disputes will be arbitrated only on an individual basis. You and Navecta each waive any right to a jury trial and any right to bring or participate in a class, collective, consolidated, or representative action, and the arbitrator may not consolidate more than one person's claims.
• (d) Carve-outs. Either party may (i) bring an individual claim in small-claims court, and (ii) seek injunctive or other equitable relief in court to protect its intellectual property or confidential information.
• (e) 30-day opt-out. You may opt out of this arbitration and class-action-waiver section by emailing [email protected] with your name and account within 30 days of first accepting these Terms; opting out will not affect the other Terms.
• (f) Severability. If the class-action waiver is found unenforceable for a particular claim, that claim (and only that claim) will proceed in court; the rest of this section still applies.

13. Changes, term, and governing law

We may update or modify these Terms from time to time as the service or law changes. We will provide reasonable notice of material changes through the Association, and continued use of the service after an update constitutes acceptance. The service term and termination are governed by the Customer's Service Agreement; on termination, the Association has 30 days to export its data (unless a different period is agreed with Navecta in writing), after which Navecta deletes it (see the Privacy Policy and Service Agreement). These Terms are governed by Arizona law, with venue in Arizona. If any provision of these Terms is found invalid or unenforceable (other than the class-action waiver in Section 12(c), which has its own severability rule in Section 12(f)), that provision will be limited or eliminated to the minimum extent necessary, and the rest of these Terms will remain in full force and effect.

14. Contact

Member questions about these Terms or the service should be directed to the Association through its member support channel. Platform and processor inquiries to Navecta LLC: [email protected].

These are Navecta LLC's current published Terms and Acceptable Use Policy and may be revised. Navecta LLC is not a law firm and this is not legal advice.