Terms of Service

Effective date: March 7, 2026

These Terms of Service ("Terms") govern your access to and use of the website, applications, and services (collectively, the "Services") provided by Common, Inc. ("Common," "we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use our Services. By using the Services, you represent and warrant that you meet these requirements. If you are using the Services on behalf of a condominium association, property management company, or other organization, you represent that you have the authority to bind that organization to these Terms.

2. Accounts

To use certain features of the Services, you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate and complete information when creating your account and to update your information as necessary. You must notify us immediately of any unauthorized use of your account.

3. Use of the Services

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose of managing condominium association operations, communications, finances, and related activities. You agree not to use the Services for any unlawful purpose, to interfere with or disrupt the Services, to attempt to gain unauthorized access to any part of the Services, or to use the Services in any manner that could damage, disable, or impair the Services.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services, except as expressly permitted by these Terms. You may not use any automated means, including scripts, bots, or scrapers, to access or interact with the Services without our prior written consent.

4. Association Data

Condominium associations and their authorized representatives retain ownership of all data they upload, enter, or generate through the Services ("Association Data"), including financial records, resident information, meeting minutes, documents, and communications. We do not claim ownership of Association Data. You grant us a limited license to use, store, and process Association Data solely to provide and improve the Services.

You are responsible for ensuring that your use of the Services and your submission of Association Data complies with all applicable laws, including privacy laws, fair housing laws, and any governing documents of the association. You represent that you have obtained all necessary consents to share personal information of residents, board members, and other individuals through the Services.

5. Payments and Billing

Certain features of the Services require payment of fees. All fees are stated in U.S. dollars and are due in accordance with the billing terms presented at the time of purchase or subscription. You authorize us to charge the payment method on file for all applicable fees. If payment fails, we may suspend or terminate your access to the paid features of the Services.

For associations using our payment processing features to collect dues and assessments from residents, Common acts as a technology provider facilitating payments between associations and residents. Common is not a party to the financial obligations between associations and their members. Payment processing is subject to the terms of our third-party payment processor, and you agree to be bound by those terms.

6. Intellectual Property

The Services, including all software, text, graphics, logos, icons, images, and other content, are the property of Common or its licensors and are protected by copyright, trademark, and other intellectual property laws. The Common name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Common. You may not use these marks without our prior written permission.

7. Third-Party Services

The Services may integrate with or contain links to third-party services, including payment processors, email providers, and other tools. We do not control and are not responsible for third-party services. Your use of third-party services is subject to their respective terms and privacy policies. We make no representations or warranties about any third-party services.

8. Disclaimer of Warranties

The Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not provide legal, financial, or tax advice. You should consult qualified professionals for advice regarding association governance and financial matters.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Common and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with your access to or use of the Services, regardless of the theory of liability. Our total aggregate liability for all claims arising out of or relating to the Services shall not exceed the amount you paid us in the twelve months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless Common and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Services, your violation of these Terms, or your violation of any rights of any third party.

11. Termination

We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. You may terminate your account at any time by contacting us. Upon termination, your right to use the Services will cease immediately. We will make your Association Data available for export for a reasonable period following termination, after which we may delete it. Provisions of these Terms that by their nature should survive termination shall survive, including ownership, warranty disclaimers, indemnification, and limitations of liability.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in the State of Delaware, and you consent to the personal jurisdiction of those courts.

13. Changes to These Terms

We may revise these Terms at any time by posting the updated terms on our website and updating the effective date above. If we make material changes, we will provide notice through the Services or by other means. Your continued use of the Services after any changes constitutes your acceptance of the revised Terms.

14. General Provisions

These Terms constitute the entire agreement between you and Common regarding the Services and supersede all prior agreements and understandings. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. You may not assign or transfer these Terms or your rights under them without our prior written consent.

15. Contact Us

If you have questions about these Terms, please contact us at legal@common.so.