Pimsware HOA Terms of Service

These Terms of Service ("Terms") govern use of Pimsware HOA (the "Service"), the community management software provided by Pimsware, LLC ("Pimsware", "we", "us"). The Service includes the manager app, the homeowner portal, the gate console and the related emails and text messages.

The "Customer" is the homeowners association or management company that opens a Pimsware HOA account. "Users" are the people the Customer gives access to: company admins, managers, board members, homeowners, residents and tenants, and gate staff. By creating an account, accepting an invitation, or using the Service, you agree to these Terms. If you accept them for an association or company, you confirm that you have authority to bind it.

Our Privacy Policy explains how we handle personal information in the Service.

1. Accounts and access

• Each person uses their own login. Keep your password private and tell us right away at support@pimsware.com if you think someone else has used your account. You may turn on two-step sign-in, which emails a code each time you sign in.
• The Customer decides who gets access and with which role, and is responsible for removing access when someone leaves a role, sells a home or moves out.
• Information you give us when you sign up or are invited must be accurate and kept up to date.

2. Free trial

New accounts start with a free trial for the number of days shown when you sign up. No payment card is needed. We may extend a trial. When the trial ends, the Service continues and fees apply as described below, unless the Customer cancels.

3. Fees and payment

• Fees are $2.00 per active home per month, with a minimum of $150.00 per month per Customer account, unless we have agreed to a different price in writing (for example, a custom quote for more than 300 homes). Active homes are the homes listed in the Customer's active communities; cancelled communities don't count.
• We send invoices by email after the trial ends. Invoices are due by the date shown on them. Fees don't include taxes, which the Customer pays where they apply.
• We may change prices with at least 30 days' notice by email to the Customer's admins. The new price applies from the next invoice after the notice period.

4. Unpaid invoices and suspension

If an invoice is past due, we will tell the Customer's admins by email and in the manager app, and give a date when access will be suspended. If it is still unpaid on that date, we may suspend the account. While an account is suspended, managers, company admins and board members can't use the manager app for it. Homeowners, residents and gate staff can keep using the portal and gate console, and no data is deleted. We restore access once the past-due amount is paid.

5. Customer data

• The Customer owns the information it and its Users put into the Service ("Customer Data"), such as homes, owners, residents, vehicles, violations, requests, documents, photos and gate records. We use Customer Data only to provide, secure and support the Service, as described in the Privacy Policy.
• The Customer is responsible for having the right to collect and store the Customer Data it adds, and for following the association's governing documents and the laws that apply to it.
• Company admins can download a full copy of a community's data (spreadsheets plus documents and photos) at any time, including after cancelling, until the community is deleted.

6. QuickBooks and payments

An association can connect its own QuickBooks Online company. The connection is read-only: the Service reads balances, invoices and payments to show them to the board, managers and owners, and never creates or changes anything in QuickBooks. QuickBooks remains the association's financial record. Homeowner payments are made on QuickBooks' own payment page and are handled by Intuit under its terms. Pimsware never receives or stores card or bank account numbers. Balances shown in the Service may lag behind QuickBooks; QuickBooks is the authority if they differ.

7. Email and text messages

• Users choose whether to receive email and text messages from their community, and can change that at any time. The Customer may use the Service to send messages only to people who have agreed to receive them, and only about the community: notices, reminders, account and gate updates.
• Texts come from the Pimsware HOA number and start with "Pimsware HOA" and the community's name. Reply STOP to stop texts and HELP for help. Message frequency varies. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.
• Required account messages (such as sign-in codes, password resets and invitations) are sent by email whatever the message settings.

8. Gate access

The gate features help staffed gates check guests against the lists residents keep. Pimsware does not provide security or guard services, and the Customer and its gate staff decide who is let in. Gate staff may photograph vehicle plates but must not photograph or store identity documents. Visitor records are kept for the period the Customer sets and then cleared.

9. Acceptable use

You agree not to:

• use the Service to send spam, sales messages or mass mailings, or use the resident directory for those purposes;
• upload anything unlawful, infringing, harassing or harmful, or anything containing malware;
• try to see another community's data, get around access controls, or probe, overload or disrupt the Service;
• copy, resell or reverse engineer the Service, or use it to build a competing product.

We may remove content or suspend a User's access if we reasonably believe these Terms are being broken, and will tell the Customer when we do.

10. Cancellation and deletion

• A Customer can cancel a community at any time from the manager app. After cancelling, nobody can open the community, messages stop, the QuickBooks connection is disconnected and its homes stop counting toward fees. Fees already invoiced are not refunded.
• A cancelled community can be restored for at least 90 days. After that we may delete it permanently, along with its files and any logins used only for it. We delete sooner if the Customer asks in writing.
• We may end the Service for a Customer with 30 days' notice, or sooner if the Customer seriously breaks these Terms or doesn't pay. Either way, the Customer can download its data before deletion.

11. Availability and changes

We work to keep the Service available and secure, but we don't promise it will be uninterrupted or error-free. Planned maintenance and outages are posted on our status page. We may improve or change features. If a change removes a feature the Customer relies on, we will give reasonable notice.

12. Disclaimers

The Service is provided "as is" and "as available". To the extent the law allows, Pimsware disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. The Service is a tool for running a community. It is not legal, accounting or security advice, and the Customer is responsible for its decisions, notices, elections, fines and gate decisions.

13. Limitation of liability

To the extent the law allows, Pimsware will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, arising from the Service. Pimsware's total liability for any claim relating to the Service is limited to the fees the Customer paid in the 12 months before the claim arose.

14. Indemnity

The Customer will defend and indemnify Pimsware against third-party claims arising from Customer Data, from messages the Customer sends through the Service, or from the Customer's or its Users' breach of these Terms.

15. Changes to these Terms

We may update these Terms. We will email the Customer's admins about material changes at least 30 days before they take effect. Continuing to use the Service after that date means accepting the updated Terms.

16. General

These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-law rules. If any part of these Terms can't be enforced, the rest stays in effect. Not enforcing a part of these Terms is not a waiver. These Terms and the Privacy Policy are the whole agreement about the Service unless the Customer and Pimsware sign a separate agreement.

17. Contact

Pimsware, LLC · support@pimsware.com · 866 987 7467