Terms of Service

1. Acceptance of Terms

By accessing or using HOATax (hoatax.ai), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the service. These terms apply to all users, including HOA board members, property managers, and management companies.

2. Description of Service

HOATax is a software tool that assists homeowners associations in preparing federal Form 1120-H and state tax returns. The service uses artificial intelligence to extract financial data from uploaded documents and generate completed tax forms.

3. No Tax Advice Disclaimer

HOATax is a software tool, not a tax advisor, CPA firm, or law firm. The Service does not provide tax, legal, or accounting advice. All information provided through the Service is for informational and preparation purposes only. You are solely responsible for reviewing, verifying, and approving all tax data before filing with the IRS or any state tax authority. You should consult with a qualified tax professional regarding your specific tax situation before filing any tax return.

4. User Responsibilities

You are responsible for:

• Providing accurate and complete financial information.
• Reviewing all AI-extracted data for accuracy before proceeding.
• Verifying all tax calculations and form entries before filing.
• Filing your tax returns with the appropriate authorities by the applicable deadlines.
• Maintaining the security of your account credentials.
• Ensuring you have authority to act on behalf of the HOA for tax purposes.

5. AI Assumption of Risk

HOATax uses artificial intelligence (Anthropic Claude) to extract and analyze financial data from your uploaded documents. While we strive for accuracy, AI-based extraction may produce errors, omissions, or misclassifications. You agree to review all AI-extracted data before filing and accept responsibility for verifying the accuracy of your tax return. HOATax provides confidence scores for extracted fields to help you identify items that may need manual verification. HOATax is not liable for errors resulting from AI extraction that you failed to review or correct before filing.

6. Accounts and Billing

• You must create an account to use HOATax beyond the free tier.
• The Free plan allows you to preview calculations but not download or file returns.
• The File plan ($99 per filing) allows you to download PDF and XML returns for one tax year.
• The Pro plan ($149 per year) includes unlimited filings and multi-state support.
• All payments are processed by Stripe. Prices are in USD.
• Refunds are available within 7 days if you have not downloaded your return.

7. Intellectual Property

HOATax and its original content, features, and functionality are owned by HOATax, Inc. and are protected by applicable intellectual property laws. You retain ownership of all documents you upload and data you provide. We do not claim ownership of your financial data or tax returns.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOATAX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES ARISING FROM ERRORS IN AI EXTRACTION, INCORRECT TAX CALCULATIONS, MISSED FILING DEADLINES, OR PENALTIES ASSESSED BY THE IRS OR STATE TAX AUTHORITIES.

HOATAX'S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO HOATAX IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) THE AMOUNT PAYABLE UNDER THE ACCURACY GUARANTEE.

9. Sole Remedy

The Accuracy Guarantee described at hoatax.ai/guarantee constitutes your sole and exclusive remedy for any calculation errors made by HOATax. In no event shall HOATax's total liability to you exceed the greater of (a) the amount paid by you to HOATax in the twelve months preceding the claim, or (b) the amount payable under the Accuracy Guarantee.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT TAX CALCULATIONS WILL BE ACCURATE IN ALL CASES.

11. Indemnification

You agree to indemnify, defend, and hold harmless HOATax, Inc., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of a third party; (d) any tax return or filing prepared using the Service; or (e) inaccurate, incomplete, or misleading information you provide through the Service.

12. Acceptable Use

You agree not to:

• Use the service for any unlawful purpose, including tax fraud or evasion.
• Upload documents containing malware or malicious content.
• Attempt to gain unauthorized access to other users' data.
• Reverse engineer, decompile, or disassemble the service.
• Resell or redistribute the service without authorization.

13. Termination

We may terminate or suspend your account at any time for violation of these terms. You may cancel your account at any time by contacting us. Upon termination, your right to use the service ceases immediately. We will retain your data in accordance with our Privacy Policy and applicable legal requirements.

14. Mandatory Arbitration and Class Action Waiver

Any dispute arising from or relating to these Terms or the Service shall be resolved through binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration.

You may opt out of this arbitration provision by sending written notice to legal@hoatax.ai within 30 days of first accepting these Terms. Opting out of arbitration does not affect any other provision of these Terms.

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

15. Changes to 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 this page. Your continued use of the service after changes are posted constitutes acceptance of the modified terms.

16. Governing Law

These terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. To the extent any dispute is not subject to arbitration under Section 14, such disputes shall be resolved exclusively in the state or federal courts located in the State of Delaware.

17. Contact

For questions about these Terms of Service, contact us at legal@hoatax.ai or support@hoatax.ai.