Terms of Service
Effective and last updated: October 19, 2026
Version: 2.0
These Terms of Service (the "Terms") govern access to and use of the Havn platform, the Havn websites, and every service Havn LLC ("Havn," "we," "us") provides through them. They bind four kinds of people, and each section says who it applies to:
- Customers, the management companies and self-managed associations that sign up, accept these Terms by checking the acceptance box at sign-up.
- Operators, the staff and board members a Customer lets in, are bound by these Terms when they sign in, and the Customer is responsible for them.
- Homeowner Users, the owners and co-owners who sign in to a community's owner portal, pay through it, or turn on texts or calls, are bound by these Terms when they do any of those things.
- Requesters, the homeowners, agents, lenders, and title and escrow companies who order a document through a Customer's order page, are bound by these Terms when they place an order.
Our Privacy Policy and, for anyone who turns on texts, the Text Message Terms are part of these Terms. We record the version of these Terms each Customer accepted, the date and time, and the account that accepted. Where we make material changes, we will notify Customers by email at least 30 days before they take effect, and may ask for acceptance of the new version at sign-in.
Where a Customer has executed an order form or a master subscription agreement with Havn, that document governs and supersedes these Terms to the extent of any conflict. These Terms continue to apply to everything the executed document does not address, and to everyone accessing the platform under it.
Section 25 contains a binding arbitration agreement and a class action waiver that apply to Homeowner Users and Requesters, with a right to opt out within 30 days. Please read it.
1. Definitions
Association means a community association, homeowners association, condominium or cooperative association, or comparable common interest community for which the platform is used.
Management Company means an entity engaged by an Association to manage it.
Customer means the entity that enters into this agreement, whether a Management Company or a self-managed Association.
Operator means an individual a Customer authorizes to access the platform, including management staff and board members signing in from a board seat.
Homeowner User means an owner or co-owner of a unit or lot within an Association who signs in to the owner portal, pays through it, or turns on texts or calls.
Requester means a person who submits a document order through a Customer's order page, whether a homeowner, agent, lender, or title or escrow company.
Association Data means all records, documents, financial information, communications, and personal information relating to an Association and its units, owners, residents, and operations, however entered into or generated by the platform.
Customer Configuration means a Customer's own settings, templates, forms, workflows, staff assignments, and branding, and does not include Association Data.
Payment Processor means Stripe, Inc. and its affiliates, or any successor processor Havn designates.
Connected Account means the account an Association or Management Company holds with the Payment Processor, through Havn, into which payments settle.
Third-Party Services means services Havn relies on to provide the platform, including payment processing, bank connections, text and voice delivery, email delivery, mail printing and postage, document reading, hosting, and analytics.
Website Content means the free templates, state law guides, glossary, comparison pages, and other informational pages on havnhq.com.
Personal Data and State Privacy Law have the meanings in Section 5A.
2. Acceptance and Authority
By accepting these Terms you represent that you are at least 18 years old, that you are authorized to accept them on behalf of the Customer you identify during sign-up, and that the Customer is bound by them. Where the Customer is a Management Company acting for an Association, you further represent that the Management Company is authorized under its management agreement to procure services of this kind on the Association's behalf and to bind the Association to the parts of these Terms that concern Association Data, payments, and documents.
A Customer is responsible for every Operator it admits, for what each Operator does on the platform, and for removing an Operator's access when it should end. A Customer must end a board member's access when the seat ends.
Homeowner Users and Requesters accept these Terms by using the platform as described above. If you do not agree, do not sign in, pay, or place an order.
3. What Havn Is and Is Not
Havn provides software for maintaining Association records and accounting, collecting assessments, communicating with owners, managing requests, violations, votes, and reservations, assembling and delivering documents, and related functions described on our website or in an order form.
Havn does not provide legal, accounting, tax, or professional advice. Havn is not a community association manager, property manager, law firm, accounting firm, escrow agent, title company, bank, lender, or money transmitter, and does not act as a fiduciary for any Association, Customer, Homeowner User, or Requester.
Where the platform reflects statutory requirements, deadlines, fee caps, notice periods, or procedures, it does so as configurable tooling built from rules Havn maintains. Havn does not warrant that any configuration, document, notice, ladder, or workflow satisfies any statutory or contractual obligation. The Customer remains solely responsible for determining what its obligations are and whether they have been met, including whether a notice, fine, lien, vote, or collection step is permitted by its governing documents and by law.
4. Accounts and Security
Each person uses one identity with the roles the Customer or an Association gives it. Credentials may not be shared. You are responsible for everything done under your sign-in until you tell us it has been compromised, and you must tell us at support@havnhq.com as soon as you suspect it has, and in any event within 48 hours. Havn may require additional verification, such as a code sent to your email or phone, before allowing a sign-in or a sensitive change, and may suspend an account it reasonably believes is compromised.
A Customer may open a Homeowner User's portal on that owner's behalf to help them. Every such action is recorded under the Operator's own identity, and an Operator may not cast an owner's vote.
5. Association Data
5.1 Ownership. As between Havn, the Customer, and the Association, the Association owns all Association Data relating to it. Havn holds Association Data as a service provider and claims no ownership in it. A Management Company's access to Association Data arises from its engagement by the Association and from these Terms, and does not confer ownership.
5.2 License to Havn. The Customer grants Havn a non-exclusive license to host, store, process, transmit, display, and create derived representations of Association Data solely to the extent necessary to provide the platform to the Customer, the Association, and their Homeowner Users and Requesters, to secure the platform, and to comply with law. This license ends when the data is deleted under Section 5.4.
5.3 Export. An Association, and a Customer acting on its behalf, may export Association Data at any time during the term and for 90 days after termination, in a usable and complete format, at no additional charge. Export is a function of the platform and does not require a request to support. Havn may condition a Management Company's export of Customer Configuration on payment of undisputed fees, but will never withhold an Association's data from the Association.
5.4 Retention after termination. Following termination, Havn will retain Association Data for 90 days to permit export, and will thereafter delete it, except where retention is required by law, by a statutory record retention obligation applicable to the Association, or to resolve a dispute or enforce these Terms, and except for Havn's own audit records of platform activity, which may be kept in a form that no longer identifies the Association's owners. Residual copies may persist in backups for a further limited period before being overwritten in the ordinary course.
5.5 Transfer between Management Companies. Where an Association changes Management Company, Association Data remains with the Association. Havn may grant the incoming Management Company access on the Association's instruction, and will remove the outgoing Management Company's access on the effective date of the termination of its engagement. Customer Configuration does not transfer.
5.6 Document reading and language models. Havn uses optical character recognition and language models, through Third-Party Services, to read uploaded files and extract values so they can be reused rather than retyped, to classify documents, and to summarize emailed bills. Every extracted value is recorded with its source and whether a person has confirmed it, and remains subject to the Customer's review. Havn does not use Association Data to train models made available to anyone else, and its model providers are contractually barred from training on it.
5.7 Deidentified data. Havn may aggregate, deidentify, or anonymize Association Data so that it no longer identifies any individual or Association, and may use the result for internal purposes including analytics, benchmarking, research, and product improvement. Havn will not attempt to re-identify such data and will require any recipient to agree to the same prohibition.
5A. Personal Data and State Privacy Law
Personal Data has the meaning given in applicable State Privacy Law. State Privacy Law means the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020, together with its implementing regulations, and any substantially similar comprehensive state privacy law now or hereafter in effect in any US state.
In handling Personal Data contained in Association Data, Havn acts as a service provider and processor to the Customer and the Association, and not as a business collecting it for its own purposes.
5A.1 Havn will collect, use, retain, and disclose Personal Data solely as necessary to perform the platform services for the business purposes set out in these Terms and any applicable order form, and in compliance with applicable State Privacy Law.
5A.2 Havn will not sell or share Personal Data as those terms are defined under State Privacy Law, and will not retain, use, or disclose it outside the direct business relationship with the Customer or for any commercial purpose other than performing the services.
5A.3 Havn will not combine Personal Data received under these Terms with personal information obtained from other sources, except as permitted by State Privacy Law to perform the services or to detect security incidents and prevent fraud.
5A.4 Havn will impose obligations no less protective than these on any subcontractor that processes Personal Data on its behalf, and remains responsible for their performance.
5A.5 Havn will provide reasonable assistance to the Customer in responding to verifiable consumer requests and in meeting the Customer's own obligations under State Privacy Law, including security, breach notification, and assessment obligations.
5A.6 Havn will notify the Customer if it determines it can no longer meet its obligations under State Privacy Law, and the Customer may take reasonable steps to stop and remediate unauthorized use.
5A.7 The Customer represents that it has provided any notices and obtained any consents required for Havn to process Personal Data as contemplated by these Terms, including for the communications described in Section 7.
6. Customer Responsibilities
The Customer is responsible for the accuracy and completeness of information it enters or imports, including the roster, allocated interests, assessment schedules, bank balances, and governing documents; for deciding who may access the platform and at what level; for the lawfulness of its use of personal information about owners, residents, and others; for the decisions it makes with the platform, including every notice, fine, lien, collection step, vote, and document it sends or issues; and for maintaining its own records independently of the platform. The Customer will not make any representation or warranty about the platform to owners, residents, or Requesters beyond what Havn publishes.
7. Communications Sent Through the Platform
This section applies to email, text messages, automated and recorded voice calls, and mailed letters a Customer sends through the platform.
7.1 The Customer is the sender. Every communication sent through the platform is sent by the Customer, in the name of the Customer or the Association, to recipients the Customer chooses. Havn is the delivery service. The Customer is responsible for the content, the recipient list, and the timing of every send, and for complying with every law that applies to it, including the Telephone Consumer Protection Act, the CAN-SPAM Act, state telemarketing and consumer protection laws, and the notice requirements of its governing documents and state association law.
7.2 Consent. The platform offers owners the means to opt in to texts and to automated calls, records each consent and each withdrawal, and honors STOP, HELP, and the stop instruction on a call. The Customer will not send a text or an automated call to anyone who has not consented through the platform or through a method of equal or greater weight the Customer records, will not send marketing or promotional messages through the texting program, and will not use the platform for emergency notifications or anything on which a life or safety depends.
7.3 Registration. Text messaging requires carrier registration of the Customer and its campaign. The Customer will give accurate registration information and keep it current, and understands that carriers may filter, delay, or block messages and that Havn does not control carrier behavior. Carrier fines or surcharges caused by a Customer's messages are passed through to the Customer.
7.4 Mailed letters. Letters are printed and mailed by a Third-Party Service at the price per piece shown before the Customer sends them, which Havn bills to the Customer and the Customer may post to the Association. The Customer is responsible for the recipients' mailing addresses. Havn does not guarantee a delivery date and is not responsible for returned, lost, or delayed mail, although the platform records returned mail it learns of.
7.5 Delivery tracking. Emails sent through the platform may include open and link tracking, and the platform records delivery, opens, clicks, replies, bounces, and opt-outs on the recipient's record so the Customer can prove what was sent and when.
7.6 Havn may refuse a send. Havn may delay, block, or stop any send that it reasonably believes is unlawful, unconsented, abusive, or likely to harm deliverability for other Customers, and may suspend a Customer's texting or calling if a carrier, regulator, or recipient complaint warrants it.
8. Documents and Certifications
This section governs documents generated through the platform, including resale certificates, disclosure packages, estoppel certificates, demand letters and payoff statements, lender questionnaires, statements, notices, and letters.
8.1 Havn assembles; the Customer certifies. Havn renders documents from information supplied by or on behalf of the Customer and from templates, rules, and form mappings Havn maintains. The Operator who signs or issues a document certifies its contents. Havn makes no representation as to the accuracy of any figure, statement, answer, or exhibit in a document.
8.2 No statutory warranty. Havn does not warrant that any document generated through the platform satisfies any statutory disclosure requirement, is complete for any purpose, or is fit for delivery in any jurisdiction. The Customer is responsible for reviewing each document before it is signed or delivered.
8.3 State rules and form mappings. Havn holds rules for each state it supports, including fee caps, delivery deadlines, and refund rules, and applies the rules it holds to each order. Havn reviews these rules and corrects errors it learns of. Laws change, and Havn does not warrant that its rules, form mappings, or question sets are complete or current. They assist the Customer, remain subject to the Customer's review, and do not replace Section 8.2.
8.4 Electronic signatures and delivery. Documents are signed electronically and delivered by tracked link. Everyone who signs, issues, or receives a document through the platform consents to electronic signatures and electronic delivery under the federal E-SIGN Act and state law, and agrees that an electronic record of the signing is the record.
8.5 Records. Havn retains a record of each document delivered, the information from which it was generated, the exhibits attached, and the identity of the Operator who certified it.
9. Fees and Billing
9.1 Subscription. The platform is billed per Association at the price per unit per month, minimum per Association, and volume rates published on our pricing page on the day the subscription starts, or in an order form. The unit count Havn bills is the number of billable units on the Association's roster, as shown in Havn Billing. Subscriptions are billed monthly or yearly in advance to the payment method on file, renew automatically until canceled, and are not refunded for partial periods.
9.2 Free trial. A new Association receives 30 days free. Billing begins when the trial ends unless the Customer removes the Association first. If a trial ends without a subscription, Section 5.4 applies to the Association's data from that day.
9.3 Changes to prices. Havn may change its published prices on 30 days' notice to the account email. A change applies from the next billing period after the notice period ends. A price in an executed order form holds for the order form's term.
9.4 Non-payment. If a subscription payment fails, Havn will notify the Customer, and the Payment Processor may retry it. If it remains unpaid after notice, Havn may suspend the Customer's access to the management functions for that Association until a payment succeeds, and may terminate under Section 24. Association Data remains exportable during a suspension.
9.5 Resale documents. Resale documents carry no separate subscription. Havn's platform fee for a document is a share of the fee the Requester pays, shown to the Customer where it sets its prices, and is deducted from that fee, never added to it. Where a statute bars charging the Requester, or the Customer sets no fee, Havn may charge the Customer the per-document minimum shown where it sets its prices.
9.6 Letters and other per-use charges. Mailed letters, and any other per-use service, are billed at the price shown before the Customer uses them. Postage and print prices change when the Postal Service and Havn's print provider change them, and the price shown before sending is the price.
9.7 Taxes. Fees exclude taxes. The Customer is responsible for any sales, use, or similar tax, which Havn will add where it is required to collect it.
9.8 Billing disputes. A Customer must raise any dispute about an invoice or charge within 60 days of the date it was issued, after which it is accepted.
9.9 Cancellation. A Customer may cancel an Association's subscription at any time from Havn Billing. Cancellation takes effect at the end of the current billing period, and Sections 5.3 and 5.4 then apply. A discount or credit is not a trial and creates no right to a refund.
10. Payments and the Payment Processor
10.1 Stripe. Payment processing for assessments, document fees, and other amounts collected through the platform is provided by the Payment Processor and is subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement. By accepting these Terms or continuing to collect payments through the platform, a Customer and each Association for which it collects agree to be bound by the Stripe Connected Account Agreement as Stripe may modify it from time to time, and authorize Havn to share their business, identity, and transaction information with Stripe to open and operate the Connected Account. Havn accesses the Connected Account to create charges and transfers for amounts owed to the account holder, to issue refunds the account holder directs, to reconcile payouts, and to show the account holder its balance, payouts, and transactions, and the account holder authorizes that activity. Stripe's acquirer disclosure is at stripe.com/legal/acquirer-disclosure.
10.2 How funds move. Payments are collected by the Payment Processor and transferred to the Connected Account of the Association or Management Company entitled to them. Havn does not hold, pool, or commingle those funds in any account of its own, is not a bank or money transmitter, and is not a party to the obligation a payment settles. For each payment, Havn and the Payment Processor act as a limited collection agent of the Association or Customer entitled to it, so that a payment received by the Payment Processor is a payment received by the payee, and the payee alone is responsible for crediting it. Card and bank account details are collected and tokenized by the Payment Processor, which processes them under the Stripe Privacy Policy, and never reach Havn's systems. The payee's name is shown before a payment is made, and a receipt is sent for every payment.
10.3 Convenience fees on owner payments. Havn charges a convenience fee on each payment a Homeowner User makes through the portal, at the rates shown before the payment is made. The Association chooses, for each payment method, whether the owner pays the fee at checkout or the Association absorbs it. The exact amount is shown to the payer before paying. The Association is responsible for deciding whether passing a convenience fee to owners is permitted by its governing documents and by state law, for disclosing it to owners, and for answering owners' questions about it, and Havn routes those questions to the Association. Havn keeps the fee, and the fee is not refunded when a payment is refunded or disputed unless the law requires it.
10.4 Autopay. A Homeowner User who turns on autopay authorizes Havn, through the Payment Processor, to charge the payment method on file for the assessments and other charges the Association posts to the owner's account, on each due date or on the schedule shown, up to any cap the owner sets, until the owner turns autopay off. The authorization text is shown before the owner confirms. For a bank account, the amount of each draft is the balance the Association has posted as due, and Havn will give at least 7 days' notice before changing when drafts are taken; the Association gives notice of changes in the amount through its assessment notices. The owner may revoke the authorization at any time by turning autopay off in the portal, and a change made less than one business day before a draft may not stop that draft. If a draft fails, the owner is notified, a returned bank payment may be presented again, the amount remains owed to the Association, and the Association's late fees and collection rules continue to apply to the underlying balance.
10.5 Refunds, reversals, and disputes. Refunds of assessments and document fees are decided by the Association or Customer that received them, except where the law requires a refund. Chargebacks, returned bank payments, and other reversals are the responsibility of the Connected Account that received the payment. The Payment Processor may debit the Connected Account for them, and where that cannot be done the Customer will pay Havn the amount on demand. Havn may provide the Payment Processor with the records needed to respond to a dispute. A Homeowner User or Requester who believes a payment through the platform was made in error should tell the Association and support@havnhq.com within 60 days of the receipt, so it can be investigated while the records are current.
10.6 Prohibited uses. Payments through the platform may be used only for amounts owed to an Association or Customer in connection with a unit or a document. The Customer will not use the Connected Account for any other business and will comply with the Payment Processor's restricted business rules.
11. Homeowner Users
11.1 Who may sign in. The owner portal is for current owners and co-owners of a unit in an Association that uses the platform, and for the people an owner or the Association adds to the unit. Access comes from the Association's roster. If you are not on it, ask your Association or its manager.
11.2 Your Association, not Havn. Your Association and its manager decide what the portal shows you, what you owe, which documents you may see, and how your requests, votes, and reservations are handled. Havn is not a party to any dispute between you and your Association, and questions about a charge, a notice, or a decision go to your Association. Havn will forward anything sent to it in error.
11.3 Electronic records and notices. By signing in you consent to receive statements, receipts, notices, and other communications from your Association electronically, at the email and through the portal on your account, and you agree that an electronic record satisfies any requirement that a record be in writing. You may withdraw this consent by asking your Association for paper, and your Association will send paper where the law requires it.
11.4 Votes and requests. A ballot cast or a request submitted through the portal is submitted when you confirm it. Havn is not the inspector of election and does not decide the outcome of a vote or a request.
11.5 Texts and calls. If you turn on texts or calls, the Text Message Terms apply, your consent is recorded, and you may stop at any time by replying STOP, following the instruction on a call, or turning them off in your portal. You confirm that you are the subscriber or customary user of the number you give, that you will update it in your portal if it changes, and that messages sent to a number you no longer use because you did not update it are not Havn's or the Association's responsibility.
11.6 Co-owners. Each owner on a unit signs in with their own email and sees the same home. Receipts and statements go to everyone on the unit. The unit has one vote.
12. Requesters and Document Orders
12.1 A Requester agrees to these Terms as they apply to the order. No Havn account is needed to place or pay for an order.
12.2 Document fees are set by the Customer, are collected through the Payment Processor, and settle to the Customer. Havn is not the issuer of the document and is not a party to the transaction the document serves.
12.3 The amount shown to the Requester before paying is the full amount charged for the order. Havn adds no fee for the Requester on top of the Customer's price.
12.4 Cancellations and refunds of document fees are at the issuing Customer's discretion, except where a refund is required by law. Where a document fee is refunded, Havn's platform fee on that order is refunded with it.
12.5 Delivery timing obligations arise from applicable statute and from the Customer, not from Havn. Havn tracks the deadline and shows it to the Customer, and does not guarantee that any document will be delivered by any date.
12.6 A document is prepared for the transaction the Requester identifies and may be relied on only by the parties to that transaction, for the purpose and period the document states. The Requester is responsible for providing accurate information about the unit, the parties, and the closing.
13. Bank Connections
Where a Customer connects an Association's bank account to the platform, the connection is provided by Plaid Inc. By connecting an account you grant Plaid the right to obtain and process your bank information under the Plaid End User Privacy Policy. The connection is read-only: Havn uses it to retrieve balances and transactions for reconciliation and never moves money through it. Havn is not responsible for a bank's or Plaid's availability or for the accuracy of what a bank reports, and the Customer remains responsible for reconciling to the bank's own statements.
14. Third-Party Services
Havn relies on Third-Party Services to provide the platform and may change providers. Each provider's own terms apply to its service where those terms say so. Havn is not responsible for a Third-Party Service's outage, delay, error, or change, and a provider's failure does not excuse the Customer's obligations under these Terms. Links to other websites are provided for convenience, and Havn is not responsible for their content.
15. Access by Havn Personnel
Authorized Havn personnel may access Association Data to provide support, investigate faults, maintain the platform, and respond to a security incident or legal process. All such access is recorded, including the identity of the individual and the reason for access. Access is limited to personnel who require it and is subject to internal controls. Havn does not notify Customers of individual access events.
16. Acceptable Use
No one may use the platform or the websites to:
- store, send, or display unlawful, infringing, defamatory, harassing, discriminatory, or malicious material, or anything that violates another person's privacy or rights;
- send unsolicited or unconsented messages, or use the texting or calling program for marketing;
- interfere with the platform's operation or security, probe or test it without written permission, or circumvent a fee, a limit, or an access control;
- access it by automated means except through interfaces Havn provides, run automated agents against it, or scrape, copy, or republish Website Content or Association Data in bulk;
- reverse engineer, decompile, or disassemble it, or use it to build or improve a competing product. A competitor may not sign up for, request a demonstration of, or benchmark the platform;
- share credentials, impersonate anyone, or misrepresent an authority you do not have;
- upload malware, or files you have no right to upload;
- use the platform in violation of US export control or sanctions laws, or from a country or by a person subject to them.
Havn may remove material, suspend access, or report conduct to authorities where it reasonably believes this section has been violated.
17. Intellectual Property, Feedback, and Publicity
17.1 Havn and its licensors retain all right, title, and interest in the platform, its software, designs, templates, rules data, documentation, and marks. Nothing in these Terms transfers any interest in them. A Customer receives only the right to use the platform under these Terms for the term.
17.2 Feedback, suggestions, and ideas provided to Havn may be used without restriction or compensation.
17.3 Havn may identify a Customer by name and logo as a customer on its website and in its materials. A Customer may opt out at any time by emailing support@havnhq.com, and Havn will stop within 30 days.
17.4 Copyright complaints. If you believe material on the platform or the websites infringes your copyright, send a notice meeting the requirements of 17 U.S.C. § 512(c)(3) to support@havnhq.com with "DMCA" in the subject. Havn may remove the material and may terminate repeat infringers.
18. Website Content and Free Resources
The templates, state law guides, glossary, fee and deadline tables, comparison pages, and other Website Content are general information for community associations and the people who work with them. They are not legal advice, are not tailored to any community, and may be out of date when you read them. Laws change, and Havn updates Website Content on its own schedule. Read the statute and consult your attorney before relying on anything in it. Templates are provided as is, and the Customer is responsible for what it sends.
Comparison pages describe other companies' products from their public pages on the date shown. Their names and marks belong to them, are used only to identify them, and imply no affiliation or endorsement. Corrections are welcome at support@havnhq.com.
19. Beta Features
Havn may offer features marked as beta, preview, early access, or staging. They are provided as is, may change or be withdrawn at any time, may be less reliable than the rest of the platform, and are excluded from any commitment in these Terms. Havn may ask for feedback on them.
20. Availability and Changes to the Platform
Havn will use commercially reasonable efforts to keep the platform available, performs maintenance that may interrupt it, and may add, change, or remove functionality. Havn does not commit to an availability level at this time. Havn keeps backups to operate the platform, and they are not a substitute for the Customer's own records under Section 6.
21. Warranties and Disclaimers
THE PLATFORM, THE WEBSITES, THE WEBSITE CONTENT, AND EVERY DOCUMENT AND COMMUNICATION GENERATED THROUGH THEM ARE PROVIDED AS IS AND AS AVAILABLE. TO THE FULLEST EXTENT PERMITTED BY LAW, HAVN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. HAVN MAKES NO WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT ANY INFORMATION SUPPLIED BY A CUSTOMER OR A THIRD-PARTY SERVICE IS ACCURATE, OR THAT ANY OUTPUT SATISFIES ANY STATUTE OR CONTRACT. HAVN IS NOT LIABLE FOR LOSS OR CORRUPTION OF DATA, AND THE CUSTOMER REMAINS RESPONSIBLE FOR MAINTAINING ITS OWN RECORDS.
22. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER HAVN NOR ANY OTHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR LOSS OF USE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY.
HAVN'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM, THE WEBSITES, OR THESE TERMS IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS ($100) AND THE FEES THE CLAIMANT PAID TO HAVN IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. FOR A HOMEOWNER USER OR REQUESTER, "FEES PAID TO HAVN" MEANS CONVENIENCE AND PLATFORM FEES HAVN KEPT, NOT AMOUNTS PAID TO AN ASSOCIATION OR CUSTOMER. THESE LIMITS APPLY TOGETHER, NOT SEPARATELY FOR EACH CLAIM. THEY DO NOT LIMIT A PARTY'S PAYMENT OBLIGATIONS, A PARTY'S INDEMNITY OBLIGATIONS UNDER SECTION 23, LIABILITY FOR A BREACH OF SECTION 16, OR LIABILITY THAT CANNOT BE LIMITED BY LAW.
23. Indemnities
23.1 By the Customer. The Customer will defend, indemnify, and hold harmless Havn and its officers, members, employees, and contractors from any claim, loss, liability, and expense, including reasonable attorneys' fees, arising from: information the Customer or its Operators supply; documents the Customer certifies or issues; communications the Customer sends through the platform, including any claim under the Telephone Consumer Protection Act or a similar law; the Customer's assessments, fines, liens, votes, and other decisions; any dispute between the Customer or an Association and a Homeowner User, Requester, vendor, or other person; and the Customer's or its Operators' use of the platform in breach of these Terms or of law.
23.2 By Havn. Havn will defend the Customer against a third-party claim that the platform, as provided by Havn and used as permitted, infringes a United States patent, copyright, or trademark, and will pay the resulting damages and costs finally awarded or agreed in settlement. Havn may modify or replace the platform, procure a license, or terminate the affected service and refund prepaid fees for the unused period. This indemnity does not cover claims arising from Association Data, Customer Configuration, Third-Party Services, or use in breach of these Terms.
23.3 Process. The indemnified party will give prompt notice of the claim, let the indemnifying party control the defense and settlement, and cooperate at the indemnifying party's expense. No settlement may impose an obligation on the indemnified party without its consent.
24. Term, Suspension, and Termination
These Terms apply from acceptance or first use and continue until terminated. A Customer may cancel under Section 9.8. Havn may terminate these Terms with a Customer for convenience on 30 days' written notice, and may suspend or terminate any person's access immediately for material breach, unlawful use, abuse of the platform, a security risk, a carrier or Payment Processor requirement, abusive conduct toward Havn staff, or non-payment that continues after notice. On termination, the Customer's right to use the platform ends, Sections 5.3 and 5.4 govern Association Data, and amounts owed become due. Sections 1, 3, 5, 5A, 8, 10.5, 12, 14, 17, 18, 21, 22, 23, 24, 25, and 27 survive termination.
25. Dispute Resolution
25.1 Governing law. These Terms are governed by the laws of the State of Washington, without regard to its conflict of laws rules, and by the Federal Arbitration Act where Section 25.3 applies.
25.2 Customers. Any dispute between Havn and a Customer or Operator arising out of these Terms will be brought exclusively in the state or federal courts located in King County, Washington, and each of them consents to the personal jurisdiction of those courts.
25.3 Homeowner Users and Requesters: arbitration. Any dispute between Havn and a Homeowner User or Requester arising out of or relating to these Terms, the platform, a payment, a communication, or a document will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before one arbitrator, rather than in court, except that either party may bring an individual claim in small claims court, and either party may seek an injunction in court to protect its intellectual property or to stop unauthorized use of the platform. The arbitrator decides every question about the scope and enforceability of this section, applies these Terms as a court would, and may award the same relief a court could award to an individual. Havn will pay the arbitration filing and arbitrator fees for a Homeowner User or Requester beyond what the Consumer Arbitration Rules require of a consumer, unless the arbitrator finds the claim frivolous. Arbitration takes place in the county where the Homeowner User or Requester lives, by video, or by documents, at the claimant's choice.
25.4 Class action waiver. HOMEOWNER USERS, REQUESTERS, AND HAVN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of representative proceeding. If this waiver is found unenforceable as to a claim, that claim will proceed in the courts under Section 25.2 and not in arbitration.
25.5 Opt-out. A Homeowner User or Requester may opt out of Sections 25.3 and 25.4 by emailing support@havnhq.com with the subject "Arbitration opt-out", their name, and the email on their portal account or order, within 30 days of first signing in or placing an order. Opting out does not affect any other part of these Terms.
25.6 Coordinated filings. If 25 or more similar arbitration demands are brought against Havn by the same or coordinated counsel, the demands will be resolved in batches of up to 25, each batch with its own arbitrator, and the parties will cooperate to select bellwether cases where the administrator's rules provide for them. Filing fees are due only for the demands in a batch as it proceeds.
25.7 Jury waiver and time to bring a claim. To the extent a dispute proceeds in court, each party waives trial by jury. Any claim arising out of these Terms must be brought within one year after it arises, or it is barred, except where the law does not allow this period to be shortened.
25.8 Before filing. Before starting an arbitration or a lawsuit, the party with a claim will send the other a written description of it and give the other 30 days to resolve it. Notices to Havn go to support@havnhq.com.
26. Changes to These Terms
Havn may modify these Terms. Material changes take effect 30 days after Havn notifies Customers by email and posts the new version, with notice to Homeowner Users and Requesters by email or in the portal where we have an address, and Havn may ask Customers to accept the new version at sign-in. Non-material changes take effect on posting, with the version and date updated. Havn maintains a record of each Customer's accepted version. Continued use after a change takes effect is acceptance of it.
27. General
27.1 Assignment. The Customer may not assign these Terms without Havn's written consent, except to a successor in a merger or sale of substantially all of its assets on notice to Havn, and Havn may refuse an assignment to a competitor. Havn may assign them in connection with a merger, acquisition, or sale of substantially all of its assets.
27.2 Notices. Havn gives notice to the email address on the Customer's account, on a Homeowner User's portal account, or on a Requester's order; notices to Havn go to support@havnhq.com. Notice is effective on sending.
27.3 Severability and waiver. If a provision is held unenforceable, the remainder stays in effect and the provision is enforced to the extent allowed. A failure to enforce a provision is not a waiver of it.
27.4 Entire agreement. These Terms, the Privacy Policy, the Text Message Terms, the Stripe Connected Account Agreement as it applies to a Connected Account, and any executed order form are the entire agreement between the parties regarding the platform, and supersede any prior agreement or representation. Terms in a Customer's purchase order, vendor registration, or similar form are rejected and have no effect.
27.5 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including a Third-Party Service's outage, a carrier or network failure, or a cyberattack, other than payment obligations.
27.6 Export and government use. The platform is operated from the United States for communities in the United States. The Customer will comply with US export control and sanctions laws. The platform is commercial computer software, and any government use is subject to these Terms.
27.7 No third-party beneficiaries. Except for the Payment Processor under Section 10 and the indemnified persons under Section 23, no one other than the parties has any right under these Terms.
27.8 Interpretation. Headings are for convenience. "Including" means including without limitation. These Terms will not be construed against either party as the drafter. The English version controls.
California residents: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Havn LLC · support@havnhq.com