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hoapay Terms of Service

Effective Date: May 1, 2025  ·  Last updated: May 1, 2025

Please read these Terms of Service ("Terms") carefully before using the hoapay platform ("Service") operated by the hoapay team ("we," "us," or "our"). By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Parties and Scope

These Terms constitute a legally binding agreement under Philippine law between you ("User") and hoapay. The Service is a web-based homeowners association (HOA) management platform intended for use by homeowners associations, subdivision administrators, and their members operating within the Philippines.

2. Eligibility

You must be at least eighteen (18) years of age and legally capable of entering into contracts under Republic Act No. 386 (Civil Code of the Philippines) to use the Service. By using the Service, you represent and warrant that you meet these requirements. Minors may only use the Service through a parent or legal guardian's account with their full consent.

3. Description of Service

hoapay provides tools for HOA management, including but not limited to:

  • Community announcements and bulletins
  • Household and member registry management
  • Complaint and dispute tracking
  • Emergency incident reporting
  • Permit and gate pass applications
  • Amenity reservations and scheduling
  • Visitor and gate log management
  • Association dues tracking and financial reporting

The Service does not process actual payment transactions and is not a bank or financial institution regulated by Bangko Sentral ng Pilipinas (BSP).

4. User Accounts and Registration

You must create an account to access most features of the Service. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Keep your login credentials confidential and secure
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately at info@hoapay.cloud of any unauthorized use or suspected breach of your account

5. User Roles and Permissions

The Service supports multiple user roles — Administrator, Treasurer, Auditor, Homeowner, Security, Visitor, and LGU Representative — each with distinct access levels. Your role is assigned by your subdivision administrator. You agree to use the Service only within the scope of your assigned role and not to circumvent role-based access controls.

6. Subdivision Governance and Republic Act No. 9904

Homeowners associations registered in the Philippines operate under Republic Act No. 9904 (Magna Carta for Homeowners and Homeowners' Associations) and its Implementing Rules and Regulations issued by the Housing and Land Use Regulatory Board (HLURB) / Department of Human Settlements and Urban Development (DHSUD).hoapay is a technology platform and does not supplant, replace, or override the legal authority and by-laws of any registered homeowners association. Disputes among members or between members and the association shall be resolved through the association's internal mechanisms or before the proper government body as provided by RA 9904.

7. Acceptable Use

You agree not to use the Service to:

  • Violate any applicable Philippine national or local law or ordinance, including but not limited to the Revised Penal Code, Cybercrime Prevention Act of 2012 (RA 10175), and Anti-Photo and Video Voyeurism Act of 2009 (RA 9995)
  • Post false, misleading, defamatory, or malicious content about other users or third parties
  • Harass, threaten, intimidate, or discriminate against any person in violation of applicable anti-discrimination laws
  • Upload content that infringes intellectual property rights protected under RA 8293 (IP Code)
  • Attempt unauthorized access to other accounts, systems, or data
  • Introduce malicious code, viruses, or disruptive software
  • Harvest or collect personal information of other users without their consent
  • Impersonate another person or entity
  • Use the Service to facilitate illegal gambling, pyramid schemes, or other activities prohibited by Philippine law

8. Privacy and Data Protection

Your use of the Service is governed by our Privacy Policy, which forms an integral part of these Terms. We process personal data in compliance with Republic Act No. 10173 (Data Privacy Act of 2012) and the regulations of the National Privacy Commission (NPC). By using the Service, you consent to the collection, processing, and storage of your personal information as described in the Privacy Policy.

9. Intellectual Property

All content, trademarks, logos, software, and other intellectual property on the Service are owned by or licensed to hoapay and are protected under RA 8293 (Intellectual Property Code of the Philippines). You are granted a limited, non-exclusive, non-transferable license to access and use the Service for its intended purpose. You may not reproduce, distribute, modify, or create derivative works without our prior written consent.

10. User-Generated Content

You retain ownership of content you submit (announcements, complaints, photos, etc.). By submitting content, you grant hoapay a non-exclusive, royalty-free license to store, display, and process that content solely for the purpose of operating the Service. You represent that you have the right to submit such content and that it does not violate any law or third-party rights.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE EXTENT PERMITTED BY PHILIPPINE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12. Limitation of Liability

To the maximum extent permitted under Philippine law, hoapay and its officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or exemplary damages arising from your use of or inability to use the Service, even if advised of the possibility of such damages. Our total aggregate liability shall not exceed the amount you paid, if any, for use of the Service in the twelve (12) months preceding the claim. Nothing herein limits liability for gross negligence, fraud, or violations of mandatory provisions of Philippine law that cannot be waived by contract.

13. Indemnification

You agree to indemnify and hold harmless hoapay and its officers, directors, employees, and agents from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, your violation of these Terms, or your infringement of any rights of a third party.

14. Service Modifications and Termination

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice. We may terminate or suspend your account immediately, without prior notice, if you breach these Terms or if we are required to do so by law. Upon termination, your right to use the Service ceases immediately.

15. Changes to These Terms

We may revise these Terms from time to time. Material changes will be communicated via email or in-app notification at least fifteen (15) days before they take effect, in accordance with good faith dealing under the Civil Code. Your continued use of the Service after the effective date constitutes your acceptance of the revised Terms.

16. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Republic of the Philippines. Any dispute arising out of or in connection with these Terms shall first be submitted to good-faith negotiation. If unresolved within thirty (30) days, the parties agree to submit to the exclusive jurisdiction of the appropriate courts of the Philippines, or to voluntary mediation/arbitration as provided under Republic Act No. 9285 (Alternative Dispute Resolution Act of 2004).

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

18. Contact Us

For questions, concerns, or feedback regarding these Terms, please contact us at:

hoapay
Email: info@hoapay.cloud