GnomeOwnerGnomeOwner

Terms of Service

Last Updated: June 30, 2026

Welcome to GnomeOwner (“Company,” “we,” “us,” “our”). These Terms of Service (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“Subscriber,” “HOA,” “COA,” “POA,” “you,” or “your”), concerning your access to and use of the GnomeOwner website, mobile application, and any related services (collectively, the “Services”).

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.

1. Nature of the Services & Regulatory Disclaimer

1.1 Technology Utility Only GnomeOwner provides a Software-as-a-Service (SaaS) platform designed to act purely as an administrative and technological conduit for Homeowners Associations (HOAs), Condominium Owners Associations (COAs), and Property Owners Associations (POAs). We provide the computational framework, ledger architecture, and digital tools necessary for you to manage your community.

1.2 Not a "Managing Agent" & Disclaimer of Fiduciary Duty GnomeOwner does not exercise control over the assets of any common interest development. Instead, you and your authorized users exercise such control through the instructions and directions provided on our platform. For the avoidance of doubt, GnomeOwner has no discretion, ability, or authority to use, spend, allocate, or otherwise influence the assets of any community. Therefore, GnomeOwner is NOT a "managing agent" (as defined by applicable state community-association statutes (e.g., the Georgia Property Owners' Association Act, O.C.G.A. § 44-3-220 et seq., and the Georgia Condominium Act, O.C.G.A. § 44-3-70 et seq.)). You agree to indemnify and hold us harmless from any claim related to our potential characterization as a managing agent.

1.3 Not a Licensed Professional Service

  • Not a Property Manager/Real Estate Broker: We do not engage in the physical management of properties, nor do we act as a real estate broker.
  • Not a CPA or Financial Advisor: We do not provide public accountancy, tax, or financial advisory services. The financial summaries and ledgers generated by the Services are for internal management purposes only, have not been audited by a CPA, and do not provide GAAP assurance.
  • Not Legal Counsel: We do not provide legal advice. Automated generation of late notices, violation letters, or document drafts does not constitute legal counsel.

2. Artificial Intelligence Tools (AI)

2.1 AI Services and Outputs GnomeOwner makes available certain artificial intelligence tools in connection with your use of the platform ("AI Tools"). These AI Tools leverage third-party large language models (specifically Google Gemini and Groq) to generate suggested text, budgets, automated responses, meeting summaries, and other materials ("Outputs") based on your prompts.

2.2 Responsibility and Review of High-Liability Outputs THE AI TOOLS ARE INTENDED AS GENERATION TOOLS ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. Specifically, the AI Tools do not provide definitive compliance deadlines, governance advice, legal interpretations of bylaws, or certified financial analysis. You are solely responsible for reviewing any Output prior to its use and exercising your own business and legal judgment. We make no warranty that the Outputs will be accurate, tailored, or fit for a particular purpose.

2.3 Prohibited Prompts You agree not to use prompts that are deceptive, discriminatory, illegal, or that contain highly sensitive personal data (e.g., social security numbers). Your use of AI Tools must comply with the Acceptable Use Policies of our third-party AI providers.

3. Financial Services, Banking, and Payments

3.1 Payment Services Certain payment services, funds transfers, and banking features are provided by our third-party financial institution partners (e.g., Stripe, Inc. and Plaid Inc.) and not by GnomeOwner. To use these Payment Services, you must accept the terms of our Payment Service Providers.

3.2 Account Connections via Plaid (Read-Only) We use Plaid to connect your bank accounts to the Services for ledger reconciliation and transaction tracking. GnomeOwner uses Plaid to access your bank transaction data on a read-only basis solely to reconcile dues. Neither GnomeOwner nor Plaid is authorized to move, transfer, or withdraw funds. By using the Services, you grant us and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution on a read-only basis. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with Plaid’s Privacy Policy.

3.3 Data Security and PCI Compliance All sensitive cardholder data and payment processing are handled securely by Stripe. GnomeOwner does not touch, store, or process your credit card data or banking credentials on our servers.

3.4 Reliance on Instructions We and our Payment Service Providers act upon the instructions received from you. You are solely liable for any losses incurred from erroneous or unauthorized transfers executed according to your instructions.

4. User Responsibilities and Data Accuracy

4.1 Data Accuracy Burden You assume full and sole responsibility for the accuracy, reliability, and completeness of all data entered into the Services. Incorrect data inputs directly impact the software’s effectiveness and your regulatory compliance.

4.2 Compliance with Laws You are solely responsible for ensuring that your use of the Services complies with all local, state, and federal laws, including IRS tax filings, Corporate Transparency Act reporting, and state-mandated collection thresholds.

5. Communications, SMS, and Electronic Signatures

5.1 TCPA Compliance By providing phone numbers for yourself or your community members, you warrant that you have obtained the necessary consent to send SMS/text messages. Texts may be sent for payment reminders, community announcements, and automated responses. End-users may opt-out at any time by replying "STOP." You are responsible for any claims arising under the Telephone Consumer Protection Act (TCPA) resulting from your failure to obtain proper consent.

5.2 Audio Recordings and Two-Party Consent The Services may allow you to record and transcribe audio (such as HOA board meetings). You are solely responsible for obtaining the requisite legal consent from all participants before recording any audio, including adhering to the laws of any "two-party consent" or "all-party consent" states where remote participants may be located.

5.3 Electronic Signatures & Notices You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, AND ELECTRONIC DELIVERY OF NOTICES.

6. Data Retention

Upon cancellation, termination, or expiration of a subscription, your User Data will be preserved for thirty (30) days (the “Retention Period”). After the Retention Period, your data may be permanently deleted from our servers and unrecoverable. We make no representations or warranties as to the preservation of User Data after the Retention Period.

7. Disclaimers of Implied Warranties ("As-Is" Doctrine)

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. GNOMEOWNER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE COMPLETELY ERROR-FREE, SECURE FROM THEFT OR DESTRUCTION, OR IMMUNE TO TELECOMMUNICATION FAILURES.

8. Limitation of Liability

8.1 Exclusion of Consequential Damages IN NO EVENT SHALL GNOMEOWNER BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR SECONDARY FINANCIAL RUIN ARISING FROM YOUR USE OF THE SERVICES.

8.2 Liability Cap OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $100 OR THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING ANY CAUSE OF ACTION ARISING.

9. Indemnification

You agree to defend, indemnify, and hold harmless GnomeOwner from and against any losses, damages, liabilities, claims, or demands arising out of:

  • Your use of the Services;
  • Your breach of these Terms;
  • Any violation of applicable laws (including real estate, tax, Georgia O.C.G.A provisions, recording consent laws, and TCPA regulations);
  • Any dispute between the HOA and its members;
  • Any third-party claim that your Outputs or inputs via the AI Tools infringe on intellectual property rights.

10. Governing Law, Arbitration, and Class Action Waiver

These Terms shall be governed by the laws of the State of Georgia. Any dispute arising out of or related to these Terms shall be resolved exclusively through binding, individual arbitration in Georgia, governed by the Federal Arbitration Act. YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

Contact Us ReGild LLC (DBA GnomeOwner) 1103 Scott Blvd Decatur, GA 30030 Email: support@gnomeowner.com