1. Agreement to Terms
Welcome to Humdo: Modern Living, Humming Communities ("Humdo," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of the Humdo software suite, including all associated web applications, mobile apps, and services (collectively, the "Services").
By accessing or using the Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Services.
2. User Accounts and Access
A. Account Responsibility
Access to the Services is granted by your respective community, homeowner's association (HOA), or property manager (the "Management"). You are responsible for safeguarding your login credentials (username and password) and for all activities that occur under your account.
B. Role-Based Access
Access to features (e.g., viewing financial reports, approving maintenance requests, accessing daycare logs) is determined by your user role (e.g., Resident, Tenant, Board Member, Daycare Staff, Property Manager). You agree not to attempt to access any data or features outside of the permissions granted by your assigned role.
3. Payment and Fees (For Management Users)
A. Subscription Fees
Access to the Humdo platform is licensed to the Management (HOA, Condo Board, or Property Manager). The Management is solely responsible for payment of all subscription fees to Humdo.
B. Resident Payments
The Services may facilitate payments from residents for HOA fees, amenity deposits, or daycare tuition. Humdo is not a bank or a money transmitter. We use third-party payment processors. We are not responsible for any payment disputes, collection efforts, or fees charged by the processor.
4. Acceptable Use Policy
You agree not to use the Services for any unlawful purpose or in any way that violates these Terms, including but not limited to:
- Posting or transmitting any content that is abusive, harassing, defamatory, or otherwise objectionable.
- Attempting to gain unauthorized access to any part of the Services, accounts of other users, or the underlying infrastructure.
- Using the Services to distribute spam, malware, or other malicious code.
5. Intellectual Property
The Services, including all software, text, graphics, logos, and features, are the exclusive property of Humdo and its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Services solely for the intended purposes defined herein.
6. Daycare/Amenity Use Disclaimer
A. Venue Operations
Humdo provides the software platform for scheduling, communication, and administration. Humdo is NOT responsible for the physical safety, supervision, or operational compliance of any amenity or venue (including, without limitation, the Daycare, Gym, or Playground). All liability for the operation of these venues rests solely with the community, the management, and the associated operators (e.g., the Daycare Provider).
B. Booking Guarantee
Humdo does not guarantee the availability of any amenity or venue. Bookings are subject to the rules and decisions of the Management.
7. Disclaimers and Limitation of Liability
A. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
B. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HUMDO BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES. HUMDO’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY THE MANAGEMENT TO HUMDO IN THE SIX (6) MONTHS PRECEDING THE CLAIM.
8. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of [Your State/Province/Country], without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in [Your City/Region].
9. Contact Information
Questions about the Terms of Service should be sent to:
Email: humdo-services@xitotech.com