Terms of Service
Working draft, last updated 2026-05-02
1. Service description
HOA Notes ("the Service") accepts a California Homeowners Association (HOA) disclosure packet from a real estate agent or buyer ("Customer"), reads the packet end to end using a combination of automated extraction and language model analysis, and returns a buyer brief, a red flag list, and a set of agent talking points ("the Brief"). The Service is operated by Craig Kokesh ("Operator") and is based in Orange County, California.
2. What the Service is not
The Brief is not legal advice. HOA Notes is not a law firm, the Operator is not your attorney, and no attorney client relationship is created by your use of the Service. The Brief is a starting point for your own due diligence and for your buyer's attorney's review. Always have a California licensed real estate attorney review HOA disclosures before close.
The Brief is also not a substitute for the disclosure packet itself, a property inspection, an appraisal, an escrow officer's review, or a title report. It is a reading aid.
3. Eligibility
You must be at least 18 years old, a California licensed real estate agent or a buyer represented by one, and authorized to share the disclosure packet you upload. By uploading a packet, you represent that you have the right to share its contents with HOA Notes for the purpose of generating a Brief.
4. Payment
- Pay per packet: a flat fee charged at the time you submit the packet. Listed on the pricing page when published.
- Subscription tiers: monthly recurring billing for a defined number of packets per month plus overage pricing. Listed on the pricing page when published.
- All payments are processed by Stripe. You agree to Stripe's terms of service when you submit payment information.
- Prices are quoted in United States Dollars (USD) and exclude any applicable sales or use tax.
- Subscription tiers renew automatically until you cancel. Cancel anytime via the customer portal or by emailing hello@hoanotes.com.
5. Refunds
If the Service materially fails to deliver a Brief that meets the published service description (for example: the Brief is empty, fails to download, or omits all required sections), email hello@hoanotes.com within 7 days of delivery and we will issue a full refund or regenerate the Brief at our option.
We do not refund Briefs based on the buyer's decision to walk away from a property, the seller's response to disclosure, or the underlying HOA's posture. The Brief reports what is in the packet; what the buyer or seller does with that information is their decision.
6. Packet ownership and confidentiality
- You retain ownership of any disclosure packet you upload. HOA Notes is granted a limited license to process the packet for the purpose of generating your Brief.
- HOA Notes will not sell or share your packet contents with third parties beyond the service providers listed in our Privacy Policy.
- HOA Notes will not use your specific packet to train third party Artificial Intelligence (AI) models.
- Aggregate, anonymized metrics derived from packets (for example: median packet length, most common red flag categories) may be used for service improvement and public communications.
7. Acceptable use
- Do not upload packets you are not authorized to share.
- Do not upload content that contains malware, embedded executables, or otherwise hostile payloads.
- Do not attempt to circumvent rate limits, payment, or authentication.
- Do not redistribute Briefs in a way that misrepresents them as legal advice or as the work product of an attorney.
8. Liability disclaimer
The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by California law, HOA Notes disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non infringement.
HOA Notes' total liability for any claim arising out of or related to the Service is limited to the amount you paid for the specific Brief at issue, or one hundred United States Dollars (USD 100), whichever is greater.
In no event is HOA Notes liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption, even if HOA Notes was advised of the possibility of such damages.
9. Indemnification
You agree to indemnify and hold HOA Notes harmless from any claim arising out of (a) your unauthorized upload of a packet you did not have rights to share, (b) your misrepresentation of the Brief as legal advice, or (c) your violation of these Terms.
10. Governing law and dispute resolution
These Terms are governed by the laws of the State of California without regard to its conflict of laws principles. Any dispute arising out of or related to the Service will be resolved by binding arbitration in Orange County, California, under the rules of the American Arbitration Association (AAA), except that either party may seek injunctive relief in any court of competent jurisdiction.
11. Changes
HOA Notes may update these Terms. Material changes will be announced by email to active customers at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance.
12. Contact
Questions, requests, support: hello@hoanotes.com.
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