Terms of Service

1. Who you are contracting with

The QuorumCast service (the "Service") is provided by Open Concepts(trading as "QuorumCast"). By creating an account, purchasing a subscription, or otherwise using the Service, you enter into a binding agreement with Open Concepts on these Terms.

2. Acceptance

By accessing or continuing to use the Service, you agree to these Terms and to our Privacy Notice. If you do not agree, do not use the Service. If you are using the Service on behalf of an HOA or other organization, you represent that you have authority to bind that organization; otherwise you must be of legal age in your jurisdiction.

3. The Service

QuorumCast is a hosted platform for administering HOA elections, including issuing voting PINs, running open and secret ballots, tracking quorum and turnout, and producing results archives. Features available to you depend on your subscription plan.

4. Accounts and credentials

• You must provide accurate information and keep it up to date.
• You are responsible for maintaining the confidentiality of your login credentials and voting PINs and for all activity under your account.
• Notify us promptly at goquorumcast@gmail.com if you suspect unauthorized access.

5. Acceptable use

You will not, and will not allow anyone else to:

• Use the Service in violation of any law or regulation.
• Engage in fraud, spam, impersonation, or ballot manipulation.
• Infringe intellectual property, privacy, or other rights of any person.
• Interfere with the security or integrity of the Service, including probing, scraping, distributing malware, or attempting to bypass technical limits or authentication.
• Reverse engineer, resell, or redistribute the Service except as expressly permitted.

6. Payment, subscriptions, and taxes

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries related to payments and handles returns and refunds.

Payment, billing frequency, currency conversion, taxes, invoicing, renewals, cancellations, and refund mechanics are governed by Paddle's Buyer Terms and our Refund Policy. Subscriptions renew automatically at the end of each billing period unless cancelled beforehand. You can cancel or change your plan at any time via the billing portal.

7. Free trial

New HOAs receive a limited free trial. When the trial ends, you must subscribe to continue admin actions such as creating elections, issuing PINs, or editing residences. Open ballots and prior results remain viewable during any grace period we choose to provide.

8. Your content and data

You retain all rights in the data you upload (residence lists, ballots, HOA branding). You grant Open Concepts a limited, worldwide, non-exclusive license to host, process, transmit, and display that data solely to provide and support the Service, and to produce backups and audit records.

9. Intellectual property

The Service, including its software, design, documentation, and branding, is owned by Open Concepts or its licensors and is protected by intellectual-property laws. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable right to use the Service in accordance with your plan.

10. Service level and warranties

We work to keep the Service available and secure, but we do not guarantee that it will be uninterrupted, timely, or entirely error-free. To the fullest extent permitted by law, the Service is provided "as is" and we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of liability

To the fullest extent permitted by law, Open Concepts will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Our total aggregate liability arising out of or relating to the Service will not exceed the fees you paid to us for the Service in the twelve months preceding the event giving rise to the claim. Nothing in these Terms limits liability for fraud, death or personal injury caused by negligence, or any liability that cannot be excluded by applicable law.

12. Indemnity

You will indemnify and hold Open Concepts harmless from claims, damages, and expenses arising from content you upload, your use of the Service in breach of these Terms, or your violation of law or the rights of others.

13. Suspension and termination

We may suspend or terminate your access to the Service, in whole or in part, for material breach of these Terms, non-payment, security or fraud risk, or repeated or serious policy violations. You may stop using the Service at any time by cancelling your subscription. On termination, you may request an export of your data within a reasonable window, after which we may delete it in the ordinary course of business.

14. Changes to the Service or Terms

We may change the Service or these Terms from time to time. Material changes will be communicated in the app or by email. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

15. Assignment

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

16. Force majeure

Neither party is liable for failure to perform due to events beyond its reasonable control, including natural disasters, outages of infrastructure providers, war, or government action.

17. Governing law

These Terms are governed by the laws of the jurisdiction in which Open Concepts is established, without regard to conflict-of-laws principles. Courts of that jurisdiction will have exclusive venue, subject to any mandatory consumer-protection rights that apply where you live.

18. Contact

Open Concepts — goquorumcast@gmail.com.