Legal Center
Transparency • Compliance • Protection
Legal Disclaimer
Last Updated: April 8, 2025
Welcome to CommunityPay, Inc. ("CommunityPay," "we," "our," or "us"). This Legal Disclaimer governs your use of our proprietary software platform and services ("Platform"), clarifying the scope of our responsibilities, the legal relationship between our company and you, and applicable limitations of liability.
Important Notice: By accessing or using our Platform, you acknowledge and agree to the terms
set forth in this Legal Disclaimer, our Terms of Service, and Privacy Policy. If you do not agree, please
discontinue use immediately.
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Professional Services Disclaimer
CommunityPay provides technology solutions for property management, communications, and financial transactions.
We are not, and do not purport to be:
- A law firm or provider of legal advice
- A financial advisor or investment consultant
- A real estate brokerage or licensed property management company
- A certified public accountant or tax advisor
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Payment Processing Services
CommunityPay operates a proprietary payment gateway that integrates with multiple regulated payment processors
and financial institutions. We are not a bank, depository institution, or money transmitter. Key distinctions:
- We facilitate payment routing through licensed third-party providers
- Funds are never held in CommunityPay corporate accounts
- We do not offer investment products or interest-bearing accounts
- All payment processing is subject to our partner institutions' terms and regulations
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Agent-of-Payee Model
CommunityPay operates under an agent-of-payee framework in compliance with applicable regulations:
- Payments through our Platform are legally considered direct payments to the designated HOA or property manager
- We act solely as the technological intermediary facilitating these transactions
- Settlement times vary by payment method and are controlled by our payment partners
- Users maintain direct contractual relationships with their HOAs or property managers
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Compliance and User Responsibility
Users are solely responsible for ensuring their use of the Platform complies with all applicable laws, including:
- Federal, state, and local landlord-tenant regulations
- HOA governance requirements and state statutes
- Fair housing and anti-discrimination laws
- Data protection and privacy regulations
- Financial reporting and tax obligations
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Limitation of Liability
To the maximum extent permitted by law, CommunityPay's liability is limited as follows:
- We exclude all indirect, incidental, special, or consequential damages
- Our total liability shall not exceed fees paid by you in the preceding twelve months
- We are not responsible for third-party service interruptions or failures
- Users indemnify CommunityPay against claims arising from their Platform use
- Intellectual Property Rights All Platform technology, content, and branding remain the exclusive property of CommunityPay or our licensors. Users receive only a limited, revocable license to use the Platform according to our terms.
Terms of Service
Effective Date: April 8, 2025
These Terms of Service ("Terms") constitute a legally binding agreement between you and CommunityPay, Inc. regarding your use of our Platform. By creating an account or using our services, you accept these Terms in full.
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Account Registration and Security
To access our Platform, you must:
- Be at least 18 years old with legal capacity to enter contracts
- Provide accurate, current, and complete registration information
- Maintain the security of your account credentials
- Promptly notify us of any unauthorized access or security breaches
- Accept responsibility for all activities under your account
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Platform Services
CommunityPay provides comprehensive property management tools including:
- Multi-channel payment processing and reconciliation
- Automated invoicing and collections management
- Vendor management and compliance tracking
- Financial reporting and analytics
- Resident and owner communication systems
- Document management and storage
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Payment Processing Terms
Our proprietary payment gateway integrates with multiple payment processors. By using payment features:
- You authorize us to initiate transactions on your behalf
- You agree to the terms of our integrated payment partners
- You acknowledge that payment timing depends on the method selected
- You accept responsibility for sufficient account funds and accurate information
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Fee Structure
Platform usage may incur various fees:
- Subscription fees for platform access
- Transaction fees for payment processing
- Platform Service Fee: 1% of all payments processed through CommunityPay, calculated monthly
- Sales Tax on Platform Fees: Applicable sales tax based on HOA's jurisdiction (automatically calculated)
- Additional service fees for premium features
- All fees are disclosed before service activation
- Fees are non-refundable unless otherwise specified
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Prohibited Uses
You agree not to:
- Use the Platform for illegal or fraudulent purposes
- Attempt to circumvent security measures or access restrictions
- Transmit malware, viruses, or harmful code
- Violate intellectual property rights
- Harass, defame, or harm other users
- Overload or interfere with Platform operations
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Termination
Either party may terminate this agreement:
- Users may close accounts at any time through account settings
- CommunityPay may suspend or terminate accounts for Terms violations
- Upon termination, access ceases but certain provisions survive
- Data retention follows our Privacy Policy requirements
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Dispute Resolution
Any disputes shall be resolved through:
- Initial good faith negotiations between parties
- Binding arbitration under AAA Commercial Rules if negotiations fail
- Individual proceedings only (no class actions)
- Venue in King County, Washington
Privacy Policy
Effective Date: April 8, 2025
CommunityPay is committed to protecting your privacy. This Privacy Policy explains how we collect, use, share, and safeguard your personal information in compliance with applicable data protection laws.
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Information We Collect
We collect various types of information to provide and improve our services:
- Account Information: Name, email, phone number, address
- Property Details: Unit information, HOA affiliation, ownership records
- Financial Data: Bank account details (tokenized), transaction history
- Usage Data: Platform interactions, feature usage, communication logs
- Device Information: IP address, browser type, operating system
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How We Use Your Information
Your information enables us to:
- Process payments and financial transactions
- Provide customer support and service communications
- Improve Platform functionality and user experience
- Ensure security and prevent fraud
- Comply with legal and regulatory requirements
- Send important updates and optional marketing (with consent)
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Information Sharing
We share information only as necessary:
- Payment Partners: To process transactions securely
- Service Providers: For infrastructure, analytics, and support
- Legal Compliance: When required by law or court order
- Business Transfers: In connection with mergers or acquisitions
- With Consent: When you explicitly authorize sharing
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Data Security
We implement comprehensive security measures:
- Industry-standard encryption for data in transit and at rest
- Regular security audits and vulnerability assessments
- Access controls and authentication requirements
- Employee training on data protection practices
- Incident response procedures for potential breaches
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Your Privacy Rights
Depending on your location, you may have rights to:
- Access and receive copies of your personal data
- Correct inaccurate or incomplete information
- Request deletion of your data (subject to legal requirements)
- Opt-out of marketing communications
- Data portability in machine-readable format
- Lodge complaints with supervisory authorities
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International Data Transfers
If we transfer data internationally, we ensure appropriate safeguards through:
- Standard contractual clauses approved by regulatory authorities
- Compliance with applicable data transfer mechanisms
- Ensuring recipients maintain adequate data protection
- Children's Privacy Our services are not intended for individuals under 18. We do not knowingly collect information from minors. If we discover such collection, we will promptly delete the information.
- Updates to Privacy Policy We may update this policy periodically. Material changes will be notified via email or Platform announcement. Continued use after changes constitutes acceptance.
Payment Terms
Effective Date: April 8, 2025
These Payment Terms govern all financial transactions processed through CommunityPay's proprietary payment gateway.
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Payment Gateway Architecture
Our multi-provider payment infrastructure ensures:
- Redundancy through multiple payment processor integrations
- Optimal routing based on transaction type and amount
- Compliance with PCI-DSS and banking regulations
- Real-time transaction monitoring and fraud prevention
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Supported Payment Methods
We facilitate various payment options:
- ACH Transfers: 1-3 business days processing
- Wire Transfers: Same-day processing available
- Credit/Debit Cards: Instant authorization
- Digital Wallets: Select providers supported
- Check Processing: Electronic and physical options
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Transaction Processing
All transactions follow this framework:
- Immediate routing upon user authorization
- Direct transfer from payer to payee accounts
- No commingling with CommunityPay funds
- Transaction receipts and audit trails provided
- Dispute resolution through established procedures
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Fee Transparency
All applicable fees are disclosed before transaction completion:
- Platform service fees
- Payment method-specific processing fees
- Expedited processing charges (if applicable)
- International transaction fees
- Fee responsibility (payer or payee) clearly indicated
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Refunds and Reversals
Refund policies are determined by:
- The payee's configured refund settings
- Payment method capabilities and timelines
- Regulatory requirements for transaction reversals
- Documentation requirements for refund requests
- Platform Fee Policy: Platform service fees (1%) are non-refundable once processed
- Tax on Platform Fees: Sales tax collected on platform fees follows state refund regulations
- Payment Disputes: Contact your HOA administrator directly for payment disputes; platform fees remain due regardless of payment disputes
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ACH Authorization and Electronic Payments
By providing bank account information for payment processing:
- You authorize CommunityPay and our payment partners (including Stripe, Dwolla) to initiate electronic debit and credit entries to your account
- This authorization applies to: HOA dues, platform fees, and any authorized charges
- You certify that you are an authorized user of the bank account provided
- Authorization remains in effect until revoked in writing with 30 days notice
- You understand that electronic debits may take 1-3 business days to process
- You agree to maintain sufficient funds to cover authorized transactions
- For NSF (non-sufficient funds) situations, you may be charged applicable fees
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Stripe Payment Processing Terms
By using CommunityPay's payment processing features, you acknowledge and agree to Stripe's terms and conditions
as our integrated payment processor.
Important: Your use of payment features constitutes acceptance of both CommunityPay's terms and Stripe's terms of service. The complete Stripe Connected Account Agreement and Stripe Services Agreement are available at stripe.com/legal.
- Stripe Connect Integration: HOAs and property managers create Stripe Connect accounts through our Platform. Funds flow directly from payers to payees via Stripe's infrastructure while CommunityPay acts as the platform facilitating these connections.
- Account Verification: Stripe may require business entity documentation (EIN, formation documents), beneficial owner information, bank account verification, and identity verification for authorized representatives.
- Prohibited Activities: In addition to CommunityPay's restrictions, Stripe prohibits high-risk businesses, illegal products or services, and activities that violate card network rules. See Stripe's Restricted Businesses list for details.
- Processing Terms: Transaction fees are set by Stripe and disclosed in your account. Payout schedules follow Stripe's standard or custom timing. Chargebacks and disputes are handled per Stripe's policies.
- Data Security: Stripe maintains PCI-DSS Level 1 certification, encryption of sensitive data, tokenization of payment methods, and compliance with global data protection regulations.
- Account Termination: Stripe may suspend or terminate accounts for violations of their terms, excessive chargebacks, suspected fraud, or failure to provide requested verification.
- Direct Relationship: By creating a Stripe Connect account through CommunityPay, you establish a direct legal relationship with Stripe. Review their complete terms at stripe.com/connect-account/legal.
Platform Fee Disclosure: CommunityPay charges a 1% platform service fee on all
payments processed through our system, plus applicable sales tax based on your HOA's location.
This fee is automatically calculated and billed monthly to your HOA's connected bank account.
Platform fees are non-refundable once processed.
Data Processing Agreement
Effective Date: April 8, 2025
This Data Processing Agreement ("DPA") supplements our Privacy Policy and Terms of Service, outlining how CommunityPay processes personal data on behalf of our customers.
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Definitions and Scope
- Controller: The customer determining data processing purposes
- Processor: CommunityPay when processing data on Controller's behalf
- Data Subjects: Individuals whose data is processed
- Processing: Any operation performed on personal data
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Processing Instructions
CommunityPay processes personal data:
- Only on documented instructions from the Controller
- To provide Platform services as described in our Terms
- To comply with applicable legal requirements
- With appropriate technical and organizational measures
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Security Measures
We maintain comprehensive security including:
- Encryption of data at rest and in transit
- Access controls and authentication systems
- Regular security assessments and audits
- Employee confidentiality agreements
- Incident response and breach notification procedures
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Sub-processors
We may engage sub-processors for specific services:
- Current sub-processor list available upon request
- Notification of sub-processor changes provided
- Sub-processors bound by equivalent data protection terms
- Customer right to object to new sub-processors
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Data Subject Rights
We assist Controllers in fulfilling data subject requests for:
- Access to personal data
- Rectification or erasure
- Processing restrictions
- Data portability
- Objection to processing
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Audit Rights
Controllers may verify our compliance through:
- Annual security certification reviews
- Questionnaire-based assessments
- On-site audits (with reasonable notice and fees)
- Third-party audit reports
Acceptable Use Policy
Effective Date: April 8, 2025
This Acceptable Use Policy ("AUP") defines prohibited uses of the CommunityPay Platform. Violations may result in suspension or termination of services.
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Prohibited Activities
Users must not engage in:
- Illegal activities or facilitation of unlawful conduct
- Fraud, money laundering, or financial crimes
- Harassment, threats, or abusive behavior
- Intellectual property infringement
- Distribution of malware or harmful code
- Unauthorized access attempts or security breaches
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Content Standards
All user-generated content must:
- Be accurate and not misleading
- Comply with applicable laws and regulations
- Respect intellectual property rights
- Avoid discriminatory or offensive material
- Maintain professional standards appropriate for business use
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System Integrity
Users must not:
- Attempt to probe, scan, or test system vulnerabilities
- Breach or circumvent authentication measures
- Access data not intended for the user
- Overload or disrupt system resources
- Use automated systems without authorization
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Enforcement
Violations may result in:
- Warning notices for minor infractions
- Temporary suspension of services
- Permanent account termination
- Legal action for serious violations
- Reporting to law enforcement when required
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Reporting Violations
Users should report AUP violations:
- Via our abuse reporting system
- By contacting our security team
- With detailed information about the violation
- While maintaining confidentiality of the report
Questions About Our Legal Policies?
Our legal team is here to help clarify any questions about these documents.
Contact us at legal@communitypay.us
CommunityPay, Inc. • Seattle, Washington • All Rights Reserved