TERMS OF USE

1. Acceptance of Terms

By accessing or using AssocRecords™ ("the Service"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree, do not use the Service. These Terms constitute a binding agreement between you and Hendrix Learning Systems LLC, a New Mexico limited liability company ("Company," "we," "us," or "our").

2. Description of Service

AssocRecords™ is a cloud-based document management and records management platform designed for homeowner associations (HOAs) and community management companies. The Service allows users to store, organize, and manage official community records and documents. Where enabled, an association may publish selected information on public community pages; the association decides what to publish and is responsible for content it elects to make public.

We may use file or malware scanning and recovery mechanisms in connection with the Service. These measures are not guaranteed to detect every threat or to recover every file.

3. Not Legal Advice; AI-Assisted Features

AssocRecords™ is a document storage and management tool. Nothing on the platform constitutes legal, financial, accounting, or professional advice of any kind. We strongly recommend consulting a qualified attorney or financial professional for guidance on HOA governance, compliance, or legal matters. The Company is not responsible for any decisions made based on documents stored or managed through the Service.

Certain features may provide AI-assisted informational help (including answers, navigation, or document-related assistance). Those outputs are for informational assistance only, are not professional advice, and should be reviewed before you rely on them.

4. Data Ownership

The HOA or community association owns its records — not the management company, and not Hendrix Learning Systems LLC. We do not claim any ownership rights over content uploaded to the Service. You grant us a limited license solely to operate and provide the Service.

5. User Responsibilities

You are solely responsible for:

• The accuracy and legality of documents you upload
• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account
• Ensuring you have the right to upload and store any documents you submit to the Service
• Compliance with all applicable federal, state, and local laws

6. Acceptable Use

You agree not to use the Service to:

• Upload unlawful, harmful, or fraudulent content
• Violate any applicable law or regulation
• Impersonate any person or entity
• Attempt to gain unauthorized access to the Service or other users' accounts
• Interfere with or disrupt the integrity or performance of the Service

7. Subscription and Billing

Active use of an HOA or community workspace requires an applicable paid community subscription after any applicable trial. A management company does not pay a separate Portfolio or platform fee. Each association that is actively managed through the Service requires its applicable community subscription. A management company with zero active associations may retain limited Portfolio and account access, including permitted former-community access where offered.

By subscribing, you authorize us to charge your payment method on a recurring basis at the rate selected for that community subscription. Subscriptions automatically renew unless cancelled. Cancellation is effective at the end of the current paid term. If an automatic renewal payment fails, we provide a seven-day recovery period during which you may update payment and restore good standing. All fees are non-refundable except as required by law. We may change pricing for future billing periods.

8. Trial

Eligible HOA or community accounts may receive a 30-day free trial. No credit card is required to start the trial. The trial does not automatically become a paid subscription. If a never-paid trial expires, access may be restricted. Consistent with our Privacy Policy, records from a never-paid trial may remain available for reactivation during a 90-day reactivation window after the trial ends. We reserve the right to modify or discontinue trial offers at any time.

9. Cancellation, Suspension, and Records

We may suspend or terminate access for violation of these Terms, non-payment after any applicable recovery period, misuse of the Service, security concerns, or other circumstances reasonably requiring suspension or termination to protect the Service, its users, or others. You may cancel a paid subscription at any time; cancellation takes effect at the end of the current paid term, and access continues through the paid-through date unless earlier suspended or terminated under these Terms.

We recommend obtaining copies of important records before access ends. After access ends, records may be retained, archived, restricted, or deleted in accordance with our Privacy Policy, applicable retention practices, and legal requirements.

10. Availability and Uptime

We strive to maintain reliable Service availability but do not guarantee uninterrupted or error-free access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

11. Events Beyond Our Control

We are not responsible for delay or failure to perform resulting from events beyond our reasonable control, including natural disasters, severe weather, national or regional emergencies, war or civil disturbance, government action, utility or telecommunications failures, widespread Internet, cloud, or information-technology outages, cyberattacks, and comparable events. This section does not create any service-level commitment, refund right, or specific restoration deadline.

12. Independent Copies of Records

We recommend that organizations maintain independent copies of important association records outside the Service. AssocRecords should not be the organization's only copy of records important for legal, financial, operational, or historical purposes.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HENDRIX LEARNING SYSTEMS LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE, OR LOSS OF BUSINESS, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

14. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE.

15. Indemnification

You agree to indemnify, defend, and hold harmless Hendrix Learning Systems LLC and its members, managers, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of your use of the Service, your violation of these Terms, or your violation of any third-party rights.

16. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service you consent to the collection and use of your information as described in our Privacy Policy.

17. Intellectual Property

AssocRecords™ is a trademark of Hendrix Learning Systems LLC, application pending. All software, design, and logos comprising the Service are the property of Hendrix Learning Systems LLC and are protected by applicable intellectual property laws. You may not copy, modify, or distribute any part of the Service without our express written permission.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in New Mexico.

19. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or by posting a notice on the Service. Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms.

20. Contact

For questions about these Terms, contact us at:

Hendrix Learning Systems LLC Operating AssocRecords™ support@assocrecords.com