eCommuny Terms of Use

Version 2026-09-29 · Last updated September 29, 2026

PLEASE READ THESE TERMS CAREFULLY. SECTION 21 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS-ACTION AND JURY-TRIAL WAIVER THAT AFFECT HOW DISPUTES ARE RESOLVED. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 21.9.

Summary (not a substitute for the full Terms)

eCommuny provides software that homeowner associations, condominium associations, and management companies use to run their communities. Your association, not eCommuny, makes the decisions about your account, assessments, fees, fines, violations, votes, and notices.
Payments go directly to your association through its own Stripe account. eCommuny is not a bank, money transmitter, or debt collector.
Keep your sign-in secure, use member information only for association purposes, and follow the Acceptable Use rules in Section 12.
Disputes with eCommuny are resolved by individual arbitration, not class actions or jury trials, unless you opt out within 30 days. Small-claims court is always available.
Our liability is limited as described in Section 19, except where the law does not allow it to be limited.

1. Who we are and what these Terms cover

1.1. These Terms of Use ("Terms") are an agreement between you and eCommuny LLC, a Texas limited liability company ("eCommuny," "we," "us," or "our"). They govern your access to and use of the websites at ecommuny.com and its subdomains, association websites hosted by eCommuny (including those on an association's own domain), the eCommuny applications, and every related service, feature, and communication (together, the "Service").

1.2. Associations and management companies. A homeowner association, condominium or cooperative association, property owners association, or similar community organization ("Association"), and any management company that manages one or more Associations ("Management Company"), subscribes to the Service. If you use the Service on behalf of an Association or Management Company, you also accept these Terms on its behalf, you confirm that you are authorized to do so, and Section 17 applies to it. If you are not authorized, you may not use the Service on its behalf, and you are personally responsible for anything you do in its name. An Association or Management Company that has signed a separate written subscription or services agreement with eCommuny is also bound by that agreement; if it conflicts with these Terms, the signed agreement controls for that organization.

1.3. Other policies. These Terms incorporate our Privacy Policy and any feature-specific terms we show you when you use a feature (for example, text-message program terms or electronic-records consent). Payment processing is also subject to Stripe's terms described in Section 9.

2. Accepting these Terms

2.1. How you accept. You accept these Terms when you check the box or click the button that says you agree to them, including when you create an account, accept an invitation, join an Association with a code, or set up an Association. We keep a record of that acceptance, including the version you accepted, the date and time, and the device information your browser sends.

2.2. Continued use. In addition, by accessing, browsing, or using any part of the Service beyond its public home page, you agree to be bound by these Terms and the Privacy Policy. If you do not agree, do not use the Service. For visitors who have not created an account or otherwise clicked to accept these Terms, Section 21 (Arbitration) applies only to the extent the law enforces it against such visitors, and every other Section applies in full.

2.3. Eligibility. You must be at least 18 years old and able to form a binding contract to create an account. The Service is not directed to children. An adult member of a household may list minors who live in the household (for example, as dependents) as described in our Privacy Policy, but a minor may not hold an account. The Service is offered for communities in the United States; if you use it from elsewhere, you do so on your own initiative and are responsible for local laws. You may not use the Service if you are on a U.S. government sanctions or denied-parties list.

2.4. Changes to these Terms. We may update these Terms. When we make a material change, we will give at least 30 days' notice by email or in the Service before it takes effect and, where required, ask you to accept the updated Terms before you continue using the Service. Other changes take effect when posted with a new "Last updated" date. Changes apply only going forward: they never apply to a dispute that arose, or that either party had notice of, before the change took effect. Changes to Section 21 are governed by Section 21.11.

3. How the Service works: your Association's role

3.1. eCommuny is a software provider. The Service is a tool. Your Association (and, where one is engaged, its Management Company) decides whether you receive access, what role and permissions you have, what information is recorded about you and your property, and how the Service is used to run your community. Our agreement to provide the Service is with your Association; we have no obligation to keep your access available if your Association ends its subscription, removes you, or changes your role.

3.2. Association content and records. Information your Association enters or receives through the Service, including membership, property, ledger, violation, architectural-review, election, and document records, belongs to and is controlled by your Association. We process it on your Association's behalf and according to its instructions, as described in our Privacy Policy. Requests to see, correct, or delete Association records should normally go to your Association; we will help your Association respond.

3.3. Your Association's decisions are its own. The following are decisions and responsibilities of your Association and its board, managers, and committees, not eCommuny, even when they are carried out, calculated, or delivered through the Service:

the amount, timing, and legality of assessments, dues, special assessments, charges, late fees, interest (including compliance with any interest-rate or usury limit), fines, collection costs, payment-plan terms, and convenience or processing fees;
interpreting and enforcing the Association's governing documents (declarations, covenants, bylaws, rules, and policies) and applicable law;
violation findings, hearings, cure periods, suspensions, and appeals;
architectural and modification requests and committee decisions;
elections, votes, ballots, voter eligibility and identity, quorums, proxies, and meeting procedures;
budgets, financial statements, reserve studies, tax filings, insurance, and audits;
amenity, reservation, and facility rules;
the content, timing, method, and legal sufficiency of every notice, statement, letter, and announcement;
collection activity and the use of any collection agent or attorney; and
the accuracy of the information the Association enters.

3.4. No legal, financial, or management advice. eCommuny does not give legal, accounting, tax, financial, or community-management advice. Templates, default settings, calculations, reminders, and help text are provided for convenience only. Your Association should consult its own professional advisers. Reminders and due dates shown in the Service are aids, not a substitute for your own calendar; eCommuny is not responsible for a missed statutory or contractual deadline.

3.5. Disputes with your Association. Disputes between you and your Association (for example, about a balance, fine, violation, vote, or decision) are between you and your Association and are governed by its governing documents and applicable law. eCommuny is not a party to those disputes, and nothing in these Terms changes your rights or obligations toward your Association.

4. Notices, electronic records, and statutory requirements

4.1. Electronic delivery. By using the Service you agree that eCommuny may provide notices, disclosures, and records related to the Service to you electronically, by email, text message (if you opt in), in-app notice, or posting within the Service, and that electronic delivery satisfies any requirement that such a communication be in writing. To receive them you need a device with a current web browser and access to the email address on your account; you can print or save any record shown in the Service. You may request a paper copy of a record we sent you, or withdraw your consent to electronic delivery from eCommuny, by emailing support@ecommuny.com; because the Service is delivered electronically, withdrawing consent may mean we can no longer provide it to you.

4.2. Association notices. Whether your Association may send you a particular notice electronically, and whether an electronic notice satisfies a law or your governing documents, is determined by that law, those documents, and any consent your Association obtains from you. Some laws require specific delivery methods (for example, certified mail before certain fines, suspensions, or collection charges, or specific procedures for foreclosure and default notices). Your Association is solely responsible for choosing a lawful delivery method. Where the Service offers physical or certified mail, it is a tool your Association chooses to use; eCommuny does not guarantee that any notice satisfies a legal requirement.

4.3. Your consent to electronic records from your Association. Your Association is responsible for obtaining any consent the law requires before it sends you a notice or record electronically, and for the wording of that consent. If your Association collects such consent through the Service, you may withdraw it by contacting your Association (or, where the Service offers it, in your preferences). Withdrawal does not affect notices delivered before it takes effect.

4.4. Keep your contact information current. You are responsible for keeping your email address, phone number, and mailing address accurate in the Service and with your Association.

5. Electronic voting and electronic signatures

5.1. The Service includes tools for elections, votes, ballots, and electronic signatures. Your Association is solely responsible for adopting any rules or resolutions required to use them, obtaining any required owner consent, providing required notices and alternative voting methods, appointing inspectors of elections or tabulators, protecting ballot secrecy where required, and determining whether an electronic vote or signature is valid for a particular purpose under its governing documents and applicable law. eCommuny is not an inspector of elections, tabulator, or custodian of ballots for legal purposes, and does not certify election results. Results shown in the Service are calculated from the votes recorded in it; the Service keeps a tamper-evident record of each vote, but eCommuny does not warrant that the record or the results satisfy any statute or governing document.

5.2. When you sign or vote electronically, you agree that your electronic signature or vote has the same effect as a handwritten one to the extent the law and your Association's governing documents allow.

6. Accounts and security

6.1. Sign-in is provided through Microsoft Entra External ID. You agree to provide accurate information, keep your credentials confidential, use multi-factor authentication where offered or required, and notify us promptly at support@ecommuny.com if you believe your account has been compromised. Each person must use their own account; do not share an account or let anyone else use yours. You are responsible for activity under your account that results from your failure to protect your credentials.

6.2. Your Association or Management Company may grant, change, suspend, or remove your access and roles at any time. We may suspend or restrict access as described in Section 16.

7. Communications from eCommuny and your Association

7.1. Service messages. We and your Association may send you messages about your account, security, payments, statements, required notices, and the operation of your community. These are part of the Service. Some Association notices cannot be turned off while you remain a member, because the Association is required or has chosen to send them.

7.2. Optional and promotional email. Optional announcements and any promotional email include an unsubscribe link. We honor unsubscribe requests promptly and within the time the law requires. Unsubscribing from optional email does not stop required notices.

7.3. Text messages. We send text messages only if you opt in on a screen that describes the program, message frequency, and costs. Consent to receive text messages is not a condition of membership, purchase, or use of the Service. Message and data rates may apply. Reply STOP to unsubscribe or HELP for help. We do not share or sell mobile numbers or text-message opt-in data with third parties for their marketing.

7.4. Physical mail. Your Association may send you letters through the Service using a mail vendor. The Association decides what is sent and to which address.

8. Fees charged by eCommuny

8.1. Associations and Management Companies pay subscription and service fees as shown in the Service or in their agreement (see Section 17.7). Members do not pay eCommuny a subscription fee; any fee the Service charges you is shown before you incur it. All amounts are in U.S. dollars.

8.2. When you make a payment to your Association through the Service, eCommuny may receive a platform fee from that payment, and your Association may pass a card or bank processing fee on to you. Any fee added to your payment is shown to you before you confirm the payment.

9. Payments to your Association

9.1. Payments go directly to your Association. Payments you make through the Service are processed by Stripe, Inc. and its affiliates ("Stripe") and are made directly to your Association's own Stripe account. Your Association is the merchant of record and the recipient of your payment. eCommuny is not a bank, money transmitter, payment processor, escrow agent, or party to any assessment or payment obligation between you and your Association, and does not hold your funds.

9.2. Stripe's terms. Payment processing is provided by Stripe and is subject to the Stripe Services Agreement, and your Association's account is subject to the Stripe Connected Account Agreement. Stripe collects and processes your card and bank-account details under the Stripe Privacy Policy. eCommuny does not receive or store your full card or bank-account numbers.

9.3. Your authorizations. When you pay, you authorize the charge or bank debit shown. When you enroll in automatic payments, you authorize your Association, through Stripe, to charge or debit your chosen payment method for the amounts and on the schedule shown when you enroll, until you cancel. The amount of an automatic payment may vary as your Association's charges vary; your Association is responsible for any notice the law requires before a debit of a varying amount. You can cancel automatic payments in the Service at any time; cancellation takes effect for payments not yet initiated, and a bank debit already scheduled may need up to three business days to stop. You agree to keep sufficient funds or credit available and are responsible for any fees your bank or your Association charges for a returned or declined payment.

9.4. Refunds, credits, and disputes. Refunds, credits, waivers, write-offs, payment plans, and payment disputes are decided by your Association. If you dispute a charge with your card issuer or bank, your Association responds to the dispute. The platform fee described in Section 8.2 is not refundable except as required by law or where eCommuny chooses to refund it.

9.5. Balances and statements. Balances, statements, and ledgers are calculated from the charges, credits, and settings your Association enters. If you believe a balance is wrong, contact your Association.

9.6. Timing of payments. A payment is complete when Stripe confirms it, not when you submit it; bank debits can take several business days to settle and can be returned. You are responsible for starting a payment early enough to meet your Association's due date, and eCommuny is not responsible for late fees, interest, or other consequences of a payment that fails, is returned, or settles after a due date. eCommuny cannot reverse, redirect, or refund a payment; only your Association can.

9.7. Stripe account actions. Stripe may hold, delay, reserve, or refuse payments or close an account under its own terms and risk rules. eCommuny has no control over, and is not responsible for, those actions or their effect on you or your Association.

10. Collections

Collection reminders, delinquency notices, and demand letters sent through the Service are sent by and in the name of your Association (or its agent). eCommuny is not a debt collector, does not collect debts, and does not act on behalf of any creditor in collecting a debt. Your Association is responsible for complying with any law that applies to its collection activity.

11. Your content

11.1. "Your Content" means information, files, images, messages, applications, comments, and other material you submit to the Service. You keep any copyright you hold in Your Content. Content you submit into your Association's records (for example, an architectural application, a service request, or a vote) becomes part of those records, which your Association controls under Section 3.2.

11.2. You grant eCommuny a non-exclusive, worldwide, royalty-free license to host, store, copy, process, transmit, back up, and display Your Content, only as needed to provide, secure, support, and improve the Service for you and your Association, to keep backups and archives for the periods described in our Privacy Policy, and to comply with law. We may also use information derived from Your Content in aggregated or de-identified form that does not identify you, your household, or your Association. You also allow your Association and its authorized users to access and use Your Content for Association purposes. Content you or your Association choose to publish on a public Association website is visible to the public.

11.3. You confirm that you have the rights needed to submit Your Content, that it is accurate to the best of your knowledge, and that it does not violate these Terms or anyone else's rights, including privacy rights. Do not upload another person's personal information unless you are authorized to do so for Association purposes. We may remove or disable content that we reasonably believe violates these Terms or the law. Keep your own copies of anything important to you; the Service is not a substitute for your own records.

12. Acceptable use

You agree not to, and not to help anyone else to:

access or attempt to access any account, Association, or data you are not authorized to access, or probe, scan, or test the vulnerability of the Service, except under a written security-testing agreement with us;
copy, scrape, harvest, or export member directories, contact information, or other personal information except through features the Service provides and only for legitimate Association purposes;
use personal information obtained through the Service to harass, threaten, discriminate against, or solicit anyone, or for any commercial or political purpose unrelated to the Association;
upload or send anything unlawful, defamatory, obscene, infringing, or harassing, or anything that discriminates in violation of fair-housing or other laws;
send spam or unsolicited messages, or send text messages or email to anyone without the consent the law requires;
upload malware or interfere with or disrupt the Service, its infrastructure, or other users (including through excessive automated requests);
impersonate anyone or misrepresent your authority to act for an Association;
reverse engineer, decompile, or create derivative works of the Service, except where the law expressly permits it despite this restriction;
use the Service to process payments for anything other than legitimate Association obligations;
provide false information, or open an account for someone else without their authority;
circumvent or disable any security, rate-limiting, or access-control feature, or use bots or automated tools to access the Service except through interfaces we provide;
resell, sublicense, rent, or provide the Service to anyone outside your Association, or use it to build or benchmark a competing product; or
use the Service in violation of any law or your Association's governing documents.

We may investigate suspected violations, remove content, suspend or terminate access, and cooperate with law enforcement.

13. Public Association websites

13.1. Associations can publish public websites through the Service. The Association is the publisher of its website and is responsible for its content, for obtaining permission to publish any personal information or images, for the accessibility of documents it uploads, for any domain name it connects to the site, and for any website posting the law requires of it. Public websites may be indexed by search engines and copied by others; eCommuny does not control that.

13.2. Visitors to a public Association website may use it only for lawful, personal purposes and must follow Section 12. Content on those websites is provided by the Association, not eCommuny.

14. Intellectual property and feedback

14.1. The Service, including its software, design, text, graphics, logos, and trademarks (but not Your Content or Association content), is owned by eCommuny or its licensors and is protected by law. Subject to these Terms, we grant you a limited, revocable, non-transferable, non-exclusive license to use the Service for its intended purpose.

14.2. If you send us suggestions or feedback, we may use them without obligation to you.

14.3. Copyright complaints. If you believe content on the Service infringes your copyright, send a notice to support@ecommuny.com with the subject "Copyright notice," including the information required by 17 U.S.C. § 512(c)(3). If your content was removed and you believe it was not infringing, you may send a counter-notice with the information required by 17 U.S.C. § 512(g)(3). We may remove content and terminate the accounts of repeat infringers.

15. Third-party services

The Service relies on third-party services, including Microsoft (sign-in and hosting), Stripe (payments), SendGrid (email), mail and address-validation vendors, and, where enabled, a text-message provider. Your use of features provided through them may be subject to their terms. We are not responsible for third-party services or websites we link to, except as the law requires.

16. Suspension and termination

16.1. You may stop using the Service at any time. Your Association controls whether your account remains linked to it.

16.2. We may suspend or terminate your access, with notice where practical and immediately where necessary, if you violate these Terms, if required by law, to protect the Service or other users, or if your Association's subscription ends or it removes your access.

16.3. When an Association's subscription ends, its records are handled as described in the Privacy Policy and the Association's agreement with us, including a period during which the Association may export its data. Requests for copies of Association records after that should go to the Association.

16.4. We may change, limit, or discontinue any feature of the Service, or the Service itself, on reasonable notice to Associations; features labeled beta, preview, or pilot may change or end at any time.

16.5. Sections 3, 4.2, 5.1, 9.4 through 9.7, 10, 11.2 (for backup, archive, and legal retention), 12, 14, and 17 through 23 survive termination.

17. Additional terms for Associations and Management Companies

If you use the Service on behalf of an Association or Management Company (an "Organization"), the Organization also agrees that:

17.1. Authority and users. It is responsible for deciding who receives access and which roles they hold, for removing access promptly when a person's role ends, and for all activity of its board members, managers, employees, committee members, and other authorized users.

17.2. Compliance. It is solely responsible for complying with its governing documents and with all laws that apply to it, including laws on assessments, fees, fines, interest and usury limits, surcharges and convenience fees, collections and credit reporting, tax reporting and financial records, notices and delivery methods, meetings, elections and electronic voting, records and privacy, fair housing, accessibility of content it publishes, and consent for email and text messages it causes to be sent. It is responsible for obtaining any consents and giving any notices that its members are legally entitled to.

17.3. Personal information. It controls the personal information of its members, residents, and others that it enters or causes to be collected through the Service, and instructs eCommuny to process that information to provide the Service. It confirms that it has the authority and any consents needed to give eCommuny that information, and that it will enter only what it needs to run the community. eCommuny will: process that information only to provide, secure, support, and improve the Service and as the law requires; not sell or share it, or use it for targeted advertising; not combine it with other data except as needed to provide the Service; keep it confidential and protected by reasonable security measures; require its sub-processors to do the same and remain responsible for them; tell the Organization if it determines it can no longer meet these obligations; notify the Organization without undue delay after confirming a security breach affecting it; help the Organization respond to individuals' privacy requests; and, after the subscription ends and the export period described in the Privacy Policy, delete it from the live Service, keeping only the archive and backups described in the Privacy Policy and anything the law requires to be kept. A current list of sub-processors is available on request; we may change sub-processors on notice to the Organization.

17.4. Payments. The Organization is responsible for its Stripe account, its compliance with Stripe's terms, its refunds and disputes, and the legality of any fee it passes on to members.

17.5. Indemnity by the Organization. The Organization will defend, indemnify, and hold harmless eCommuny and its officers, members, managers, employees, and agents from third-party claims, and the resulting losses, damages, fines, and reasonable attorneys' fees, arising from (a) the Organization's decisions and actions described in Section 3.3, (b) its breach of Sections 17.1 through 17.4, or (c) content it or its users submit or publish, INCLUDING CLAIMS ALLEGING THAT eCOMMUNY WAS NEGLIGENT IN CARRYING OUT THE ORGANIZATION'S INSTRUCTIONS, but not to the extent a claim results from eCommuny's gross negligence, willful misconduct, or material breach of these Terms. eCommuny may control the defense of any indemnified claim with counsel of its choice and will not settle a claim in a way that imposes obligations on the Organization without its consent, which it will not unreasonably withhold; the Organization will cooperate at eCommuny's reasonable request.

17.6. Liability cap for Organizations. Section 19 applies to the Organization, except that the amount in Section 19.2 is the greater of five hundred U.S. dollars (US $500) or the fees the Organization paid to eCommuny for the Service in the 12 months before the event giving rise to the claim.

17.7. Subscriptions, trials, and fees. Subscription fees, billing periods, and what each plan includes are shown in the Service when the Organization subscribes. Subscriptions renew automatically at the end of each billing period, at the then-current price, until cancelled; the Organization may cancel at any time in the Service, and cancellation takes effect at the end of the current period. Fees are payable in advance, are non-refundable except as the law requires or as stated at purchase, and exclude taxes, which are added where applicable. We may change fees on at least 30 days' notice; the change applies from the Organization's next billing period. A free trial ends on the date shown when it starts and converts to a paid subscription unless cancelled before then; we may limit trial features or end a trial that is being misused. Promotional codes are subject to the terms shown when they are applied and may be withdrawn if misused. If a fee is not paid when due, we may, after notice, restrict the Organization's access until it is paid, and then suspend or terminate the subscription; the Organization's records are kept as described in the Privacy Policy. Per-use charges (for example, mailed letters, text messages, or election fees) are shown before they are incurred.

17.8. Management Companies. A Management Company uses the Service on behalf of each Association it manages, under that Association's authority. It is responsible for having that authority, for the accuracy of what it enters for each Association, for keeping each Association's information separate, and for handing over or removing its access when the management relationship ends. Disputes between a Management Company and an Association are between them; eCommuny is not a party.

17.9. Cooperation. We will reasonably cooperate with an Organization's privacy or security assessment, no more than once a year, on at least 30 days' notice, during business hours, and at the Organization's cost, and we may satisfy it by providing existing documentation.

17.10. Stripe account information. We use information about an Organization's Stripe account only to operate the Service (for example, to show payment status and payouts and to calculate fees), and we do not use it for any other purpose without the Organization's consent.

18. Disclaimers

18.1. EXCEPT AS EXPRESSLY STATED IN THESE TERMS AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," AND eCOMMUNY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT INFORMATION ENTERED BY ASSOCIATIONS OR USERS IS ACCURATE.

18.2. eCommuny does not warrant that any notice, calculation, vote, signature, fee, or record produced through the Service satisfies any legal requirement or an Association's governing documents.

19. Limitation of liability

19.1. TO THE FULLEST EXTENT PERMITTED BY LAW, eCOMMUNY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS, INCLUDING DAMAGES CAUSED BY eCOMMUNY'S OWN NEGLIGENCE, EVEN IF ADVISED OF THEIR POSSIBILITY.

19.2. TO THE FULLEST EXTENT PERMITTED BY LAW, eCOMMUNY'S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS, INCLUDING CLAIMS BASED ON eCOMMUNY'S OWN NEGLIGENCE, WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US $100) OR (B) THE AMOUNTS YOU PAID DIRECTLY TO eCOMMUNY (NOT TO YOUR ASSOCIATION) FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

19.3. Exceptions. Sections 18 and 19 do not limit or exclude liability for fraud, gross negligence, willful misconduct, or knowing and intentional violation of law by eCommuny, for death or personal injury caused by eCommuny, or any other liability that cannot be limited or excluded under applicable law. Nothing in these Terms waives any right you have under the Texas Deceptive Trade Practices–Consumer Protection Act or any other consumer protection law that cannot be waived by agreement.

19.4. These limitations apply even if a remedy fails of its essential purpose, and they reflect the allocation of risk between the parties; the Service would not be offered without them.

19.5. Sections 18 and 19 also protect eCommuny's affiliates, officers, members, managers, employees, agents, and licensors, and any claim against any of them counts toward the single cap in Section 19.2.

20. Indemnity by you

To the fullest extent permitted by law, you will indemnify and hold harmless eCommuny and its officers, members, managers, employees, and agents from third-party claims, and the resulting losses and reasonable attorneys' fees, arising from (a) Your Content, (b) your violation of these Terms or of law, or (c) your misuse of another person's personal information obtained through the Service. This indemnity does not cover claims to the extent caused by eCommuny's own negligence, gross negligence, or willful misconduct. We may control the defense of an indemnified claim, and you will cooperate at our reasonable request; we will not settle a claim in a way that imposes obligations on you without your consent.

21. Arbitration agreement and class-action waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND eCOMMUNY TO RESOLVE MOST DISPUTES BY INDIVIDUAL ARBITRATION AND WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

21.1. Scope. Except as provided in Sections 21.3 and 21.10, you and eCommuny agree to resolve any dispute, claim, or controversy between you and eCommuny arising from or relating to the Service or these Terms, whether based on contract, tort, statute, or any other legal theory, and including disputes about the scope, enforceability, or arbitrability of this Section except as stated in Section 21.7 ("Dispute"), by binding individual arbitration. This Section does not apply to disputes between you and your Association.

21.2. Informal resolution first. Before starting arbitration or a small-claims case, the party with a Dispute must send a written notice to the other describing the Dispute and the relief sought. Notices to eCommuny go to support@ecommuny.com with the subject "Dispute notice"; notices to you go to the email address on your account. The parties will try in good faith to resolve the Dispute for 60 days, including, if either party asks, an individual telephone or video conference in which you personally participate (with your lawyer if you have one). Statutes of limitation and filing-fee deadlines are paused during this 60-day period.

21.3. Small claims. Either party may instead bring an individual action in small-claims court in Texas or in the county where you live, if the claim qualifies.

21.4. Rules and administrator. Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules for Disputes between eCommuny and an individual, or its Commercial Arbitration Rules for Disputes between eCommuny and an Organization, and, where applicable, its Mass Arbitration Supplementary Rules, in each case as modified by this Section (see adr.org). If the AAA is unavailable, the parties will agree on another administrator, or a court will appoint one. The Federal Arbitration Act governs this Section.

21.5. Location, hearings, and fees. The arbitration will take place in the county where you live or by video or telephone, or, if the claim is $25,000 or less, on written submissions unless the arbitrator decides a hearing is needed. For Disputes an individual brings, the individual pays no more than the filing fee they would pay to file in a court of general jurisdiction, and eCommuny pays all other administrative and arbitrator fees, unless the arbitrator finds the claim frivolous or brought for an improper purpose. For Disputes involving an Organization, fees are allocated as the Commercial Arbitration Rules provide. Each party pays its own attorneys' fees unless the law or the arbitrator's award provides otherwise.

21.6. Individual relief only. The arbitrator may award any relief available to an individual in court, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief for that party's individual claim.

21.7. CLASS-ACTION AND JURY-TRIAL WAIVER. YOU AND eCOMMUNY EACH WAIVE THE RIGHT TO A JURY TRIAL AND 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. A court, not an arbitrator, decides any dispute about the validity, scope, or enforceability of this Section 21.7. If a court finds this Section 21.7 unenforceable as to any claim or form of relief, that claim or relief (and only that claim or relief) will proceed in court under Section 22, not in class arbitration, after any individual arbitration is complete.

21.8. Mass filings. If 25 or more similar Disputes are filed against or by eCommuny by the same or coordinated counsel, the AAA Mass Arbitration Supplementary Rules apply, and the parties will cooperate to resolve them efficiently, including by staging a limited number of bellwether cases first and mediating after those are decided. Statutes of limitation are paused for Disputes waiting to proceed.

21.9. 30-DAY RIGHT TO OPT OUT. You may opt out of this arbitration agreement by emailing support@ecommuny.com, with the subject "Arbitration opt-out," within 30 days after you first accept these Terms. Include your name, the email address on your account, your Association's name, and a statement that you opt out of arbitration. Opting out does not affect any other part of these Terms or your use of the Service, and it is not a condition of receiving the Service. An opt-out stays in effect for later versions of these Terms unless you separately agree to arbitration again in writing; accepting an updated version of these Terms does not, by itself, undo an opt-out.

21.10. Exceptions. Either party may bring an individual action in court to stop infringement or misuse of intellectual property. Claims for public injunctive relief, where the law does not permit them to be waived or arbitrated, will be decided by a court after any individual arbitration is complete, and are stayed until then.

21.11. Changes to this Section. If eCommuny makes a material change to this Section 21, the change applies only to Disputes that arise after its effective date and not to any Dispute of which eCommuny had notice before then. You may reject the change by emailing support@ecommuny.com within 30 days after it takes effect, in which case the version of this Section you last accepted continues to apply.

21.12. Severability. Except as stated in Section 21.7, if any part of this Section 21 is found unenforceable, the rest remains in effect.

21.13. The award. The arbitrator will apply the substantive law that would apply in court, including statutes of limitation, and will give a written, reasoned decision. Judgment on the award may be entered in any court with jurisdiction. The parties will keep the arbitration, and any award, confidential except as needed to enforce it or as the law requires.

22. Governing law and venue

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws rules, and, as to Section 21, by the Federal Arbitration Act. Any Dispute not subject to arbitration will be brought exclusively in the state or federal courts located in Texas, and you and eCommuny consent to their personal jurisdiction, except that you may also bring an individual action in the county where you live where the law gives you that right. TO THE EXTENT A DISPUTE PROCEEDS IN COURT FOR ANY REASON, INCLUDING AN OPT-OUT UNDER SECTION 21.9, YOU AND eCOMMUNY EACH WAIVE THE RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT THE LAW ALLOWS.

23. General terms

23.1. Time to bring claims. To the extent permitted by law, any claim arising from or related to the Service or these Terms must be brought within two (2) years after the claim accrues.

23.2. Entire agreement. These Terms, the Privacy Policy, and any feature terms we show you are the entire agreement between you and eCommuny about the Service, subject to Section 1.2.

23.3. Severability and waiver. Except as stated in Section 21.7, if any provision is found unenforceable, it will be enforced to the maximum extent permitted and the rest of these Terms will remain in effect. Our failure to enforce a provision is not a waiver.

23.4. Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets, or to an affiliate.

23.5. Force majeure. We are not responsible for delays or failures caused by events beyond our reasonable control, including failures of the internet, hosting, identity, payment, or email providers we rely on, power or telecommunications failures, natural disasters, epidemics, labor disputes, or government action.

23.6. No third-party beneficiaries. These Terms do not create rights for anyone other than you and eCommuny, except that the persons protected by Sections 17.5 and 20 may enforce them.

23.7. Accessibility. We design the Service to meet the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. If you have difficulty using any part of the Service, including these Terms, contact support@ecommuny.com and we will provide the information in an accessible format.

23.8. Notices. Notices to eCommuny must be sent by email to support@ecommuny.com and are effective when we acknowledge them. We may give you notice by email to the address on your account, by a notice in the Service, or by posting on ecommuny.com, and a notice is effective when sent or posted. Notices to an Organization go to its administrators' email addresses on file.

23.9. Relationship. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary, trustee, or employment relationship between you (or your Association) and eCommuny.

23.10. Support. Support is provided by email and in the Service during our normal business hours. We do not guarantee a response time or a particular level of availability.

23.11. Interpretation. "Including" means "including without limitation." Headings and the summary at the top are for convenience only and do not change the meaning of these Terms. If these Terms are translated, the English version controls.

23.12. Contact. eCommuny LLC · support@ecommuny.com