Terms of Service

Last updated: December 15, 2025
‍Thank you for your interest in HOA ReservePro, a brand of FinOpti Treasury, LLC, (HOA ReservePro”, “we”, or “us”). These Terms describe the rules of using our website (including www.hoareservepro.com) and related websites, applications, and other services, including those made available by our third-party partners (collectively, the “Services”).PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKING “ACCEPT”, UTILIZING OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND AS A CONDITION TO THE USE OF THE SERVICES, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING HOA RESERVEPRO’S PRIVACY POLICY (COLLECTIVELY, THE “TERMS”), AND THE APPLICABLE TERMS OF OUR BANKING PARTNERS WHO PROVIDE THE SERVICES IDENTIFIED IN SECTION 5.1 BELOW. IF YOU ARE ASSISTING ANOTHER TO USE THE SERVICES, IT IS LEGALLY BINDING TO BOTH YOU AND THE PARTY BEING ASSISTED.

IF YOU DO NOT AGREE TO THE TERMS, OR ARE NOT ELIGIBLE, THEN YOU ARE NOT PERMITTED TO USE THE SERVICES.

THESE TERMS, AND SERVICES DESCRIBED HEREIN, MAY CHANGE AT ANY TIME, AND IF SO WILL BE POSTED ON OUR WEBSITE OR HERE. EACH TIME YOU UTILIZE THE SERVICES, IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS AND, BY CONTINUING TO USE THE SERVICES, YOU CONSENT TO ANY CHANGES TO OUR TERMS THAT HAVE BEEN MADE AVAILABLE TO YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY ACTIVITY ON THIS WEBSITE IS SUBJECT TO MONITORING BY HOA RESERVEPRO AT ANY TIME, AND THAT HOA RESERVEPRO MAY USE THE RESULTS OF SUCH MONITORING WITHOUT LIMITATION, SUBJECT TO APPLICABLE LAW. WE MAY REQUIRE THAT YOU ACCEPT MODIFIED TERMS IN ORDER TO CONTINUE TO USE THE SERVICES. IF YOU DO NOT AGREE TO THE MODIFIED TERMS, THEN YOU SHOULD DISCONTINUE YOUR USE OF THE SERVICES BEFORE THE EFFECTIVE DATE.
‍
‍1. Services
HOA ReservePro offers the ability to participate in a High Yield Cash Account Sweep Program (“Cash Sweep Program”) which offers you the option to open a new bank deposit account (a “Cash Deposit Account”) with one of ‍HOA ReservePro’s bank partners (“Banking Partners”), and transfer funds thereto, for the purpose of earning interest on funds held in the new Cash Deposit Account. ‍HOA ReservePro additionally offers other services and data when you open a Cash Deposit Account with us.
‍
‍1.1. Services Eligibility
‍By agreeing to these Terms, you represent and warrant that (a) you are at least 18 years old, (b) you are eligible for the Services, (c) your use of the Services is in compliance with any and all applicable laws and regulation, and (d) your use of the Services will not be for any fraudulent activity. If you are applying or using these Services on behalf of a business, organization or other entity or person, you represent and warrant that you are authorized to agree to these Terms on behalf of such entity or person and bind them and you to these Terms.
‍
‍1.2 Accounts and Registration Information
‍We require identification of customers that open accounts or access the Services. Identification helps the authentication of you and/or your business and accounts, and ensures we and our third-party partners comply with applicable laws, regulations and information reporting requirements, such as “know your customer” or “know your business”. The identification process requires some information to be provided to us about you and/or your business. This information may include your name, date of birth, physical address, social security number, email address, phone number, company EIN, company ownership, or other contact information (“Account Information”).
‍
‍1.3 Private Access Responsibility
‍After you register for a ‍HOA ReservePro account, you will have private access to the Services. When you register, you will be asked to create a password. You are responsible for the use of the account and exclusive, confidential use of the access credentials. You agree to accept responsibility for all activities that occur under your account. If you believe that your ‍HOA ReservePro account is no longer secure, then you should immediately notify us at support@hoareservepro.com.

‍1.4 Consent to Data
‍You hereby grant ‍HOA ReservePro an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to use your Account Information and to provide the Account Information to our Banking Partners and our third party service providers as necessary to provide the Services and in accordance with the terms of our Privacy Policy. We also may obtain personal information from third parties in order to verify your identity, or to help prevent fraud. You hereby authorize us, our Banking Partners, or a third-party service provider that we designate, to take any measures that we consider necessary to confirm the personal information you provide, verify and authenticate your personal information, and take any action we deem necessary based on the results. At any time, we may require you to provide us with additional personal information as a condition to your continued access to and use of your ‍HOA ReservePro account. During such time, your access to and use of your ‍HOA ReservePro account may be temporarily restricted. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times, and if it contains information of a business or other parties, you represent you have the authority to provide such information.

‍1.5 Licenses
‍HOA ReservePro grants you, solely for your individual or your business’s individual use (and not for any commercialization of the Services by you), a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services. All rights, title and interest in and to the Services and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein shall remain with ‍HOA ReservePro and our licensors and vendors, and no ownership interest is transferred to you or any other entity by virtue of making the content available through the Services, granting the foregoing licenses or agreeing to the Services. If you are prohibited under applicable law from using the Services, then you may not use them.

‍2. How theHOA ReservePro Cash Sweep Program Works

2.1 Linking your New Cash Deposit Account and Existing Bank Account(s)
Under the Cash Sweep Program, once you utilize HOA ReservePro’s platform to create a high yielding Cash Deposit Account, HOA ReservePro, acting as your agent, will link the high yielding Cash Deposit Account to an existing checking or savings account (your “Existing Bank Account”) that you currently own or legally control at a banking institution. Upon linking the Cash Deposit Account and Existing Bank Account, HOA ReservePro will allow you to manually transfer funds from your Existing Bank Account to the Cash Deposit Account to earn interest returns. HOA ReservePro will also allow you to “sweep” cash balances, in excess of a predetermined amount that you so designate, from your ExistingBank Account to the Cash Deposit Account to earn interest returns. You expressly authorize HOA ReservePro, and its designated financial institution partners, to initiate electronic debits and credits to and from your ExistingBank Account and your Cash Deposit Account in accordance with your instructions provided through the HOA ReservePro Platform, including any automated transferor “sweep” rules that you establish. The Cash Deposit Account is an interest-bearing omnibus deposit account insured by the Federal Deposit Insurance Corporation (“FDIC”) at one or more of HOA ReservePro’s Banking Partners. You understand and agree that HOA ReservePro restricts any transfer, wire or other transactions from your new Cash Deposit Account except transfers back to the linked Existing Bank Account(s). This limitation is designed in part as protection of misuse or fraudulent access to your funds. You acknowledge that HOA ReservePro is not a bank or deposit institution. The Cash Deposit Accounts, are provided through our Banking Partners. Your account is subject to these Terms and the additional terms of the Banking Partner where your new Cash Deposit Account is held. Additional banking terms are referenced below, under the section titled “Third-Party Banking Services.”

‍2.2 Your Relationship to our Banking Partners
‍HOA ReservePro is acting as your agent in connection with the establishment of Cash Deposit Accounts at each of our Banking Partners. HOA ReservePro establishes Cash Deposit Accounts on an omnibus basis at each of our Banking Partners. Your Cash Deposit Account ownership is evidenced by a book entry on account records maintained by our Banking Partner and HOA ReservePro as your agent. You will receive account statements from HOA ReservePro that reflect the balances in your Cash Deposit Accounts at our Banking Partners. You may, at any time, obtain information about your Cash Deposit Accounts by contacting support@hoareservepro.com. You cannot directly withdraw cash from Cash Deposit Accounts held by Banking Partners. You may only withdraw cash from your Existing Bank Account.If you terminate your participation in the Cash Sweep Program or close your Cash Deposit Account, HOA ReservePro, as your Agent, will send instructions to our Banking Partners, to recall all of your funds held in the Cash Deposit Accounts at our Banking Partners and will deposit those funds into your Existing Bank Account subject to Section 12.3 of the Terms. At such time, those funds, or free credit balances, will not be eligible to earn interest.

‍2.3 Authorization of Funds Transfers
‍In accordance with these Terms, you may initiate the funds transfers from your Cash Deposit Account to your Existing Bank Account, or vice versa. In acting on your instruction to transfer, you may be offered a choice of transmission (e.g. ACH or Wire), and such choice will be included in the transfer instruction to the Banking Partner; however, if determined reasonably necessary, we may use any means of transmission, funds transfer system, clearing house, or intermediary bank that we reasonably select. All funds transfers are governed by the rules of the funds transfer system(s) through which the transfers are made, including Fedwire, the National Automated Clearing House Association, the Electronic Check Clearing House Organization, any regional association (each an “ACH”), the Clearing House Interbank Payments System (“CHIPS”), the Society for Worldwide Interbank Financial Telecommunication (“SWIFT”) the RTP system (“RTP System”), or other funds transfer system. Instructions that contravene (or the results of such transfers) applicable law, including, without limitation, requirements of the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) and the Financial Crimes Enforcement Network (“FinCEN”) are not required to be honored by us or our Banking Partners.

‍3. Pricing, Fees and Payment Terms
‍One of our goals is to strive to be transparent and clear on pricing and any fees. This section discusses these items, but are subject to the pricing and terms communicated to you, on the Platform, or our website, and incorporated herein by reference. Please review those details, which include the following items:
‍
‍Pricing: This is the interest rate earned on deposits held in the Cash Deposit Account as communicated by HOA ReservePro or found on the dashboard of your account login.
‍
‍Transaction Fees: ACH Transfers – Customers shall not incur a fee for ACH transfers.Wire Transfers – Customer shall incur a fee of $25.00 for each wire transfer.
‍
‍Minimum Balance: There is a minimum balance of $10,000 required to maintain your Cash Deposit Account. In the event that your Cash Deposit Account falls below the minimum balance of $10,000, HOA ReservePro will provide notice to you to increase your Cash Deposit Account balance in accordance with the Terms. If you maintain a balance below the minimum balance for (14) fourteen calendar days after HOA ReservePro provides notice, HOA ReservePro reserves the right to close your Cash Deposit Account as outlined below in Section 12.2 of these Terms.
‍
‍Maximum Balance: There is no a maximum Cash Deposit Account balance.
‍
‍Right of Offset: Pursuant to these Terms, you hereby authorize HOA ReservePro to recover any amounts you owe, e.g., maintenance fees, transaction fees, etc., and to deduct, draft, charge or otherwise exercise a right of offset to recover any outstanding funds from the balance in your Cash Deposit Account or alternatively recover any funds from the balance in your linked Existing Deposit Account. This authorization and HOA ReservePro’s right of offset shall survive termination of your Cash Deposit Account, your agreement to these terms, and your agreement with our Banking Partners. HOA ReservePro may take these actions without prior notice to you.

HOA ReservePro reserves the right to determine pricing, account fees, transaction fees, and other fees, and reserves the right to change the terms related thereto from time to time. HOA ReservePro will make reasonable efforts to keep all current pricing and fees related to the Services on the HOA ReservePro website up to date, and HOA ReservePro will additionally make reasonable efforts to provide advance notice of any changes before the changes go into effect.All fees are in U.S. Dollars and are non-refundable unless otherwise specifically provided for in these Terms.

‍Pricing: This is the interest rate earned on deposits held in the Cash Deposit Account.
‍Transaction Fees:
• ACH Transfers – Customers shall not incur a fee for ACH transfers.
• Wire Transfers – Customer shall incur a fee of $25.00 for each wire transfer.
Minimum Balance:
There is a minimum balance of $10,000 required to maintain your Cash Deposit Account. In the event that your Cash Deposit Account falls below the minimum balance of $10,000, HOA ReservePro will provide notice to you to increase your Cash Deposit Account balance in accordance with the Terms. If you maintain a balance below the minimum balance for (14) fourteen calendar days after HOA ReservePro provides notice, HOA ReservePro reserves the right to close your Cash Deposit Account as outlined below in Section 12.2 of these Terms.
‍Maximum Balance: There is no a maximum Cash Deposit Account balance.
Right of Offset: Pursuant to these Terms, you hereby authorize HOA ReservePro to recover any amounts you owe, e.g., maintenance fees, transaction fees, etc., and to deduct, draft, charge or otherwise exercise a right of offset to recover any outstanding funds from the balance in your Cash Deposit Account or alternatively recover any funds from the balance in your linked Existing Deposit Account. This authorization and HOA ReservePro’s right of offset shall survive termination of your Cash Deposit Account, your agreement to these terms, and your agreement with our Banking Partners. HOA ReservePro may take these actions without prior notice to you.

HOA ReservePro reserves the right to determine pricing, account fees, transaction fees, and other fees, and reserves the right to change the terms related thereto from time to time. HOA ReservePro will make reasonable efforts to keep all current pricing and fees related to the Services on the HOA ReservePro website up to date, and HOA ReservePro will additionally make reasonable efforts to provide advance notice of any changes before the changes go into effect.

All fees are in U.S. Dollars and are non-refundable unless otherwise specifically provided for in these Terms.

4. Interest Pricing and Earnings
‍The Services include the ability to earn interest on the balance amount in a Cash Deposit Account with one of our Banking Partners. The rate of interest varies over time. Current interest rates for the Cash Sweep Program can be found on our Pricing rate sheet and additionally may be communicated to you in writing. Notwithstanding, interest rates may be changed at any time, without prior notice to you, and before the website can be updated. HOA ReservePro cannot guarantee any rate of return, including a return that is equal to or greater than the rate of return provided on the website or other marketing materials. Depending on the interest paid by our Banking Partners on any given day, the actual interest rate may be less than the most recently published interest rate on the website or other marketing materials. Over any given period, the interest rates on the Cash Sweep Program may be lower than the rate of return on other non-FDIC insured investments or deposit accounts offered outside the Cash Sweep Program. HOA ReservePro reserves the right to amend the yield rate by posting new yield rates on HOA ReservePro’s website or in the account; such changes shall take effect immediately on that day forward. You acknowledge HOA ReservePro and Banking Partners may earn fees on certain deposits.

Compounding Frequency: Interest on your Cash Deposit Account will be compounded daily.
Crediting Frequency: Interest will be credited to your Cash Deposit Account on your monthly statement cycle date.
Effect of Closing a Cash Deposit Account: Interest will continue to accrue up until the day you close your Cash Deposit Account.
Daily Balance Computation Method: We use the daily balance method to calculate the interest on your Account. This method applies a daily periodic rate to the current balance in the Cash Deposit Account on each day.
Accrual of Interest on Deposits: Interest begins to accrue on a deposit on the Business Day it is posted. “Business Day” means any day other than a Saturday, Sunday or federally declared legal holiday. If the deposit is received within the Banking Day specified for the type of deposit in the “Funds Availability” section of the OMB Customer Account Agreement, we will consider that to be the day of your deposit. “Banking Day” means that part of any business day on which the Bank is open to the public for carrying on substantially all of our banking functions. If the deposit is received after a Banking Day has concluded or on a day that is not a Business Day, we generally will consider the deposit received on the next Business Day. If you request a withdrawal or transfer from your Cash Deposit Account, the funds will be debited when we process the withdrawal or transfer and interest will not accrue or be credited to your Cash Deposit Account for that processing day on the amount of the requested withdrawal or transfer, regardless of the actual date of transfer. However, in the circumstance where we receive and credit your deposit on a non-business day, interest will begin accruing on that day.

Within 10 days after the end of each month, subject to any non-workdays, the yield for the relevant month will be paid to the user by crediting the amount to the user's account.

‍Tax Reporting and Backup Withholding: Federal law requires us to report the interest you’ve earned. The interest that you receive from our Services is subject to state and federal tax. An IRS Form 1099, a Tax Information Summary, will be sent to you by HOA ReservePro each year, showing the amount of interest income you have earned from our Services. HOA ReservePro may be required to withhold U.S. federal income tax at the prevailing rate on all taxable distributions payable to certain customers who fail to provide their correct taxpayer identification number or to make required certifications or who have been notified by the Internal Revenue Service that they are subject to backup withholding.

‍5. Third-Party Banking Services
You understand and acknowledge that when you open your Cash Deposit Account (a) a deposit account will be opened at a Banking Partner used by HOA ReservePro from time to time, and (b) any funds you deposit or transfer are to a Cash Deposit Account at the Banking Partner under the Services, and will be executed by methods allowed by the Banking Partner.

‍You acknowledge and agree that any funds you deposit are not held by HOA ReservePro and that HOA ReservePro is not a bank. You further acknowledge that HOA ReservePro may be compensated by a Banking Partner for deposits in your Cash Deposit Account, either in fees or percentage of rate, in excess of what you earn. These potential fees or rates can have an impact on the rate you receive and are mutually set by HOA ReservePro and our Banking Partners.

5.1 Banking Partner and Agreements
‍When you open an account with HOA ReservePro and/or your New Cash Deposit Account, you are also agreeing to separate agreements and terms and conditions of the Banking Partner. You acknowledge that you have reviewed and hereby agree to each of the Banking Partner Agreements (defined below) with the Banking Partner, each being provided below.
‍
OMB Bank (“OMB”) is our current Banking Partner and OMB, and any future Banking Partner, is a third-party beneficiary to these Terms for purposes of enforcing their respective account, service and program terms listed below.
‍
OMB Banking Partner Agreements: When you open a Cash Deposit Account, it will be with OMB, whom will either hold or sweeps the funds to a network of FDIC insured banks. Please review below the agreements for OMB (each an “OMB Banking Agreement”)

If there is inconsistency between these Terms and a OMB Banking Agreement, the OMB Banking Agreement shall be controlling to the extent of such inconsistency.

6. FDIC Insurance² with HOA ReservePro Banking Partners
‍Any funds that you transfer/deposit into your Cash Deposit Account(s) or alternatively any funds that are automatically “swept into” your Cash Deposit Account(s) are directly held with our Banking Partners and constitutes a direct obligation of our Banking Partners to you and not an obligation of HOA ReservePro. You understand and acknowledge that: 1) At no time are your funds held by HOA ReservePro; 2) HOA ReservePro is not a bank; and 3) HOA ReservePro is not an FDIC-insured institution.

You acknowledge that you have read and understand the following:

FDIC Insurance*: Funds transferred into your Cash Deposit Accounts, together with any interest earned thereon that is posted and held in the Cash Deposit Accounts (together, “Sweep Deposits”), are held and maintained with our Banking Partners in a manner designed to remain within the FDIC standard maximum deposit insurance amount (“SMDIA”). The SMDIA for funds on deposit in your account at a Banking Partner is currently $250,000, per eligible depositor, per participating bank, per legal category of account ownership at the applicable bank. FDIC deposit insurance coverage only insures deposits in the event of a failure of any applicable Banking Partner. If you hold deposits in any account with a Banking Partner, outside of your Sweep Deposits (e.g., directly, or indirectly through other intermediaries, including other broker-dealers) the total amount of your deposits at the subject Bank could exceed the SMDIA for an ownership capacity or category, and those excess funds will not eligible for FDIC-insurance.*. A full list of our current Banking Partners (“Banking Partner List”) is available here.
If the aggregate amount of deposits held by you (or for your benefit) at a Banking Partner exceeds the then-current SMDIA, currently $250,000, per eligible depositor, per account ownership category, the excess funds will be swept, pursuant to OMB’s ICS Deposit Placement Agreement, into the OMB ICS Deposit Placement Program. Under the OMB ICS Deposit Placement Program, your funds are transferred from your Cash Deposit Account at OMB to accounts at one or more Banking Partners, other FDIC-insured banks or National Credit Union Share Insurance Fund (“NCUSIF”) federally insured credit unions, in order to provide expanded levels of FDIC deposit insurance coverage or NCUSIF insurance coverage on your funds.
The OMB ICS Deposit Placement Program is offered to you by HOA ReservePro and OMB and is administered by a third-party service provider (“Administrator”). OMB is a participating institution in the OMB ICS Deposit Placement Program. The Administrator provides administrative and record keeping services to HOA ReservePro and OMB with respect to the OMB ICS Deposit Placement Program, and acts as OMB’s agent with respect to the OMB ICS Deposit Placement Program. The Administrator’s services are provided to HOA ReservePro and OMB under, and subject to, written agreements entered into with HOA ReservePro and OMB, and no representations or warranties, express or implied, are provided by the Administrator or any of its affiliates, except as expressly set forth in those written agreements. Limits apply and customer eligibility criteria may apply.
By participating in the OMB ICS Deposit Placement Program, you appoint OMB as your agent for purposes of the OMB ICS Deposit Placement Program, including to establish and maintain accounts at Receiving Institutions (as defined below) and to transfer all or any of the funds in your account at OMB to deposits account at one or more insured depository institutions at which deposits are insured by the FDIC up to the SMDIA limit (a “Bank Receiving Institution”), or a share account at a credit union at which share accounts are insured by the NCUSIF (administered by the National Credit Union Administration (“NCUA”)) up to the NCUSIF insurance limit of, currently, $250,000 (a “Credit Union Receiving Institution”; together with a Bank Receiving Institution, a “OMB ICS Deposit Placement Program Receiving Institution”). A share account, which is offered by credit unions, is similar to a deposit account, which is offered by insured depository institutions; however, there are important differences between share accounts and deposit accounts. Please refer to the separate OMB ICS Deposit Placement Agreement linked above for more information about these differences.
You are also acknowledging that you have reviewed and hereby agree to the separate account and OMB ICS Deposit Placement Agreement. Please review the OMB ICS Deposit Agreement carefully as these contain material legal and risk disclosures and additional terms and conditions regarding your participation in the OMB ICS Deposit Placement Program.
You will only have access to your Sweep Deposits through your online account with HOA ReservePro. You cannot make deposits or withdrawals directly from the Cash Deposit Account at OMB or Banking Partners, even if you directly contact the Banking Partners. All questions regarding the Cash Deposit Accounts and/or your HOA ReservePro Account, including any notice of unauthorized activity and any complaints regarding the Cash Sweep Program, must be directed to HOA ReservePro and not the Banking Partners. Please contact support@hoareservepro.com for more information.
Banking Partners may be added to or removed from OMB ICS Deposit Placement Program without prior notice to you. You understand and acknowledge that it is your responsibility to frequently review the list of the banks and savings associations with which HOA ReservePro and OMB has a direct or indirect business relationship for the placement of deposits under the OMB ICS Deposit Placement Program in order to maximize your eligibility for FDIC deposit insurance coverage. HOA ReservePro allows you to exclude (i.e., opt-out of) any bank or credit union that partners with HOA ReservePro and OMB from receiving your Cash Sweep Program Deposits. To opt-out customers should visit www.hoareservepro.com, access the HOA ReservePro Dashboard, and accordingly complete the Opt-out agreement. For additional information regarding FDIC deposit insurance, please visit https://www.fdic.gov/resources/deposit-insurance/.

7. Change of Banking Partner
HOA ReservePro reserves the right, at any time in our sole discretion, to add, change, or remove a Banking Partner. If you have a Cash Deposit Account with a Banking Partner that is removed, you will be notified and the funds in the Cash Deposit Account shall be returned to your linked Existing Bank Account. However, you hereby authorize HOA ReservePro to link the Existing Bank Account to a new Banking Partner, with notice thereafter to you.

‍8. Customer Communications
‍You expressly agree to be contacted at the email address, phone number (whether landline or wireless), and address that you provide us or that we obtain, including from a third party. By providing us with a telephone number (including but not limited to a wireless/cellular, mobile telephone number and/or email address), you authorize us to contact you for our everyday business purposes (including but not limited to your account application, account management/ maintenance, informational messages, debt collection, fraud prevention, survey/research, identity verification, compliance with federal or state law or regulations, and/or to determine how you intend to use and fund your account) using automatic telephone dialing systems, artificial or prerecorded voice message systems and text messaging systems in order to provide you with information or to seek information about, or to otherwise discuss (i) your agreement to our Terms and any transactions hereunder, or (ii) any other agreements or transactions that you may now have or may in the future establish or conduct with us. You authorize us to make such contacts using any telephone numbers (including wireless, landline and voice over internet protocol numbers) you have supplied or may in the future supply to us in connection with your agreement to our Terms or the transactions hereunder, or any other agreement or transaction you may now have or may in the future establish or conduct with us. You acknowledge that anyone with access to your telephone may listen to the voice messages we leave you or read the text messages we send you. You further agree that we will have no liability for anyone accessing such messages. You also acknowledge that, when you receive a telephone call or text message from us, you may incur a charge from the company that provides you with telecommunications, wireless and/or data services, and you agree that we will have no liability as a result of such charges. You expressly authorize us to record your calls and other electronic communications with us. You represent to us that you are the owner and/or primary user of any number or email address you provide to us and agree that you will notify us if this is no longer true as to any such number or email address. IF YOU WISH TO OPT OUT OF TEXT MESSAGES FROM HOA ReservePro, YOU CAN EMAIL support@hoareservepro.com OR TEXT THE WORD “STOP” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES. You may continue to receive calls and text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request. Your agreement to receive marketing calls and texts is not a condition of any purchase on or use of the Services.

‍9. Prohibited Content
‍YOU SHALL NOT AND SHALL NOT PERMIT ANY THIRD PARTY TO USE THE SERVICES EXCEPT AS PERMITTED TO, AND SPECIFICALLY YOU SHALL NOT AND SHALL NOT PERMIT ANY THIRD PARTY TO:

Use the Services illegally or in violation of any local, state, national, or international law;Permit any party to access or use the Services other than your personnel authorized under these Terms;
Permit any party to access or use the Services other than your personnel authorized under these Terms;
Commit fraudulent activity (including using a false identity or misrepresenting your identify or using another affiliation or identity), falsifying your information, age or date of birth, or accessing the Services improperly;
Violate any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
Use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents to access any Services or information provided by HOA ReservePro;
Except as expressly permitted by law, interfere with security features of the Services, including: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Services;
Interfere with the function or operation of the Services or any user’s enjoyment of the Services, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) collecting personal information about another user or third party without consent; or (iii) interfering with or disrupting any network, equipment, or server connected to or used to provide the Services; or
Attempt to do any of the acts described in this Section 9 or assist or permit or instruct any person in engaging in any of the acts described in this Section 9.

‍10. Changes or Modifications to Terms
‍Subject to our obligations to provide notice to you as provided in this Agreement, we may add, delete, or change the Terms or any other account documents governing your account or your relationship with us, or modify or discontinue the Services, at any time without liability to you. When you opened your account and enrolled in the Services, you accepted the eSign agreement and agreed that we could provide you this agreement and all communications electronically rather than in paper form. Unless otherwise required by applicable law or specified by us, amendments and changes will be effective after notice of amendment or change is provided or electronically made available to you. We may require that you accept modified Terms in order to continue to use the Services. If you do not agree to the modified Terms, then you should discontinue your use of the Services. If you continue to use your account, the Services, or keep your account open after the effective date of any such notice you will be deemed to agree to the amendment or change. No notice is required for changes in the interest rate and corresponding changes in the annual percentage yield. In addition, if we make changes that are either favorable to you, will have no adverse effect, or do not impact the terms or services related to your Accounts, we may not provide you notice, unless required to do so by applicable law. Increases in fees, liability for users, material changes to the types of electronic fund transfers available on the Services, or stricter limitations on the frequency or dollar amount of transfers, will be effective after prior notice to you or 30 days after posting of the revisions unless otherwise stated.. Except as expressly permitted in this Section 10, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

‍11. Analytics, Transfer Thresholds, Automation and Other Services
HOA ReservePro provides cash flow analytics and data.In linking your Existing Bank Account, you acknowledge and authorize HOA ReservePro to access and analyze transaction data in your Existing Bank Account. HOA ReservePro utilizes this data and analytics to provide the Services and to provide information to you. HOA ReservePro may make certain recommendations or suggestions based on the analytics for an amount or amounts to be deposited in your Cash Deposit Account, either when registering for the Services or ongoing. Such recommendations or suggestions are for informational purposes only and you are exclusively responsible for decisions made regarding recommendations or suggestions, even if they contain errors or result in losses to you.

Additionally, you will be able to set and configure certain thresholds, preferences or specifications, including Sweep Limits. “Sweep Limits” are the balance amounts of the Existing Bank Account that triggers sweeps to or from the Cash Deposit Account. For illustrative purposes only, an upper Sweep Limit of $50,000 means if the Existing Bank Account balance is above $50,000 on a set date, funds in the Existing Bank Account above such limit are swept and transferred to the linked new Cash Deposit account, and a lower Sweep Limit of $40,000 means if the Existing Bank Account balance is below $40,000, funds in the new Cash Deposit Account (if available) are swept and transferred back to the linked Existing Bank Account to increase the balance to $40,000. HOA ReservePro may make certain recommendations or suggestions for such Sweep Limits. HOA ReservePro also provides the ability for you to automate such transfers based on the Sweep Limits between the linked accounts. You are exclusively responsible for such settings or configurations, as well as the automation settings and transfers, regardless of any recommendations or suggestions by HOA ReservePro, even if they contain errors or result in losses to you.

Transaction statements for your Cash Deposit Account will be made available on a monthly basis and will be accessible on the HOA ReservePro dashboard. Other services may be offered in the future.

‍11.1 Devices and Internet Requirements
‍The Services require internet connectivity and other hardware (e.g., computer or mobile device) that you must provide. You acknowledge the internet can be unpredictable, unsecure and may impede access or performance. You acknowledge and agree that HOA ReservePro is not responsible for internet connectivity, outages, or interference with your use of or access to the Services. You acknowledge and agree that HOA ReservePro is not responsible for unsecure connections or security breaches from any device or internet connectivity you supply. You waive any and all claims against HOA ReservePro and our Banking Partners in connection with the foregoing.

‍11.2 Error Reporting
‍If there are any errors, either by HOA ReservePro or you, you agree to notify us immediately. HOA ReservePro makes no representation in its ability to correct any errors. You agree to notify HOA ReservePro by email at support@hoareservepro.com immediately of any loss or disclosure, whether voluntary or otherwise, of any account access credentials.

‍12. Term and Termination

12.1 Term
‍These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Services, and ending when terminated as described in this Section.

‍12.2 Termination
‍The Services may terminate as follows:

By the Customer – Upon notice to support@hoareservepro.com by you that you wish to terminate;
By HOA ReservePro – At its sole discretion, HOA ReservePro may terminate the Services or your account on the Services, or suspend or terminate your access to the Services, at any time in our sole discretion, with or without notice, and without any liability to you arising from such termination; or
By HOA ReservePro – If you violate any provision of these Terms or the terms of our Banking Partners, then your authorization to access the Services and these Terms shall automatically terminate.
By HOA ReservePro – Currently there is minimum aggregate average monthly account balance of $10,000 required to maintain a Cash Deposit Account. If you are unable to maintain the minimum aggregate average monthly account balance of $10,000 for more than (14) fourteen calendar days after HOA ReservePro has provided notice that to you increase your aggregate average monthly account balance of $10,000 in accordance with the Terms, HOA ReservePro at its sole discretion may close your Cash Deposit Account without notice to you.

12.3 Effect of Termination
‍Once terminated, your license and access to your account or the Services ceases. You must pay HOA ReservePro any unpaid amount that was due prior to termination and any funds remaining in your Cash Deposit Account(s) will be handled in accordance with applicable federal and state laws or in accordance with our Banking Partner and other third-party partner and service provider terms which have been provided to you. Any obligations and limitations under Sections 1.5, 5, this 12.3, 13, 14, 15, 16 and 17 shall survive termination. Since upon termination of your account, you may lose access rights to any information you provided to the Services, you are responsible for retaining copies of any information you provide to the Services.Subject to the terms of this agreement, you can close your account at any time for any reason. We can close your account at any time for any reason. If your account is closed, we will send you a notice and cancel all unprocessed Transfers. Prior to closing your account, we will credit unpaid interest to your account. If your account balance is positive when we close your account, we will issue instructions to our Banking Partners to return the balance to you, minus any fees, claims, set offs, or other amounts owed to us under applicable law, to your Existing Bank Account, by ACH Transfer or by mailing you a cashier’s check. If the cashier’s check issued to you by our Banking Partners is lost, stolen, or destroyed, please notify us immediately. The Banking Partner may not reissue you a check or provide you with replacement funds unless 90 days have passed and you have provided an affidavit at testing the check is lost, stolen, or destroyed. Any Items presented after your account is closed will be returned unpaid. After your account is closed, you agree we have no obligation to accept deposits or pay outstanding Items. In addition, after your account is closed, you agree to remain liable for fees and other obligations related to your account, regardless of when they were incurred, including liability for all outstanding Items. We have the right to advise consumer reporting agencies if your account is closed by us for any reason. If your account is closed you agree: (a) to continue to be bound by the account documents, (b) to immediately stop using the Services, (c) that your license to the software provided under this agreement will end, and (d) that we will not be liable to you or any third party for termination of access to the Services.

‍13. Indemnity
‍You agree to defend, indemnify and hold harmless the services-related-parties, their affiliates and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, any use of the content, services and products other than as expressly authorized in these terms or your use of any information obtained from the website.Additional provisions regarding indemnification regarding our Banking Partners and other third-party partners and service providers are set forth in the third-party terms, including the banking agreements, which have been provided to you.

‍14. Disclaimers; No Warranties by HOA ReservePro
‍All content provided through the Services is provided to you on an “as is”, “as available” basis. HOA ReservePro, all third parties, if any, providing content, and all third parties providing support or information for the Services, including, for the avoidance of doubt, the applicable Banking Partners (collectively, “Services-Related Parties”) hereby disclaim all warranties of any kind, either express or implied, statutory or otherwise including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Services-Related Parties make no warranty as to the accuracy, completeness, timeliness, correctness, or reliability of any content available through the Services. Without limiting the foregoing, the services-related parties specifically do not represent or warrant that any information regarding particular plan benefits or scope of coverage is accurate or complete. The Services-Related Parties make no representations or warranties that use of the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services or the technology that makes it available are free of viruses or other harmful components. You are responsible for taking all precautions necessary to ensure that any content you may obtain from the services is free of viruses and any other potentially destructive computer code.You understand and acknowledge that in no event will HOA ReservePro or our Banking Partner be obligated to effect any transaction it believes would violate any applicable law or that it or a Banking Partner believes to be fraudulent or unauthorized.Applicable limitations, exclusions and disclaimers regarding our Banking Partners and other third-party partners and service providers are set forth in the third-party terms, including the banking agreements, which have been provided to you.Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

‍15. Limitation of Liability
‍In no event will the HOA ReservePro, its affiliates, officers or other related entities be liable to you for any indirect, incidental, special, consequential, or punitive damages (including damages for investment losses, loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the Services or any materials or content on the Services, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any HOA ReservePro entity has been informed of the possibility of damage. The aggregate liability of the HOA ReservePro entities to you for all claims arising out of or relating to the use of or any inability to use any portion of the Services or otherwise under these terms, whether in contract, tort, or otherwise, is limited to $100. Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these terms. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitations in this section will apply even if any limited remedy fails of its essential purpose. Provisions regarding limitations of liability regarding our Banking Partners and other third-party partners and service providers are set forth in the third-party terms which have been provided to you.

‍16. Dispute Resolution and Arbitration
‍You and HOA ReservePro are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to these terms or to your purchase of products or services through the website (each a “Claim”), will be resolved exclusively and finally by binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate. This arbitration agreement does not preclude you or us from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying Claims in small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms. Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. This Section of the Terms will survive the termination of your relationship with us. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

‍17. Miscellaneous
‍These Terms and all other agreements expressly incorporated by reference into these Terms, are the complete and sole agreement between you and HOA ReservePro. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your information, at any time without notice or consent. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

‍17.1 Governing Law
‍These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. You and HOA ReservePro submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Delaware for resolution of any lawsuit or court proceeding permitted under these Terms.

‍17.2 Privacy Policy
‍Please read the HOA ReservePro Privacy Policy at link (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The HOA ReservePro Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

‍17.3 Additional Terms
‍Your use of the Services is subject to all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Services that we may post on or link to from the Service, which are incorporated by this reference into, and made a part of, these Terms.

‍17.4 Contact Information.
‍The Services are offered by HOA ReservePro located at 1515 Mockingbird Ln., Suite 700, Charlotte, NC 28209. You may contact us by sending correspondence to that address or by emailing us at support@hoareservepro.com.

‍17.5 Notice to California Residents
‍If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.