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Terms of Service

Effective Date: 7/11/2026

1. Introduction and Acceptance

These Terms of Service (the “Terms”) govern your access to and use of the Waikiki Townhouse resident management website and software platform (collectively, the “Platform”). The Platform is owned, hosted, and operated by Christopher Breen (the “Operator”) and is made available to the Waikiki Townhouse Association of Apartment Owners (the “AOAO”) and its authorized users (each, a “User”) as a hosted service.

By accessing, registering for, or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.

2. Ownership and Intellectual Property

The Platform, including all of its source code, software, design, layout, structure, user interfaces, graphics, text, features, and functionality (collectively, excluding User Data as defined below), is the sole and exclusive property of the Operator and is protected by United States and international copyright, trademark, trade secret, and other intellectual property laws. © 2026 Christopher Breen. All rights reserved.

Neither the AOAO nor any User acquires any ownership interest in the Platform by virtue of operating, accessing, paying for, contributing content to, or otherwise using it. No title to or ownership of the Platform is transferred to any party. All rights not expressly granted in these Terms are reserved by the Operator.

The Operator retains the unrestricted right to use, reproduce, modify, license, and commercialize the Platform and any derivative works, including by deploying the same or similar software for other associations, clients, or commercial ventures. Nothing in these Terms or in any party’s use of the Platform shall be construed to grant any such party a claim against the Operator arising from the Operator’s reuse of the Platform.

3. Limited License to Use

Subject to these Terms, the Operator grants the AOAO and its authorized Users a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform solely for the legitimate community-management purposes for which it is provided. This license confers no ownership and may be modified, suspended, or revoked by the Operator at any time, with or without cause.

You and the AOAO agree not to, and not to permit any third party to:

  • Copy, reproduce, modify, translate, or create derivative works of the Platform or its source code;
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying structure of the Platform;
  • Distribute, sublicense, lease, rent, sell, or otherwise transfer the Platform or access to it to any third party;
  • Remove, obscure, or alter any copyright, trademark, or other proprietary notices;
  • Use the Platform to build a competing product or service.

4. Hosted Service; Availability and Changes

The Platform is provided as a hosted, software-as-a-service offering. The Operator hosts and maintains the Platform at the Operator’s own expense and discretion. The Operator does not guarantee that the Platform will be available, uninterrupted, error-free, or secure at all times.

The Operator reserves the right, at any time and from time to time, to modify, enhance, suspend, discontinue, or terminate the Platform or any feature of it, in whole or in part, with or without notice. The Operator is under no obligation to continue providing the Platform and may cease hosting it at any time.

5. Fees

The Platform may currently be provided to the AOAO at no charge. The Operator reserves the right to introduce, change, or discontinue fees for access to or use of the Platform at any time. Any fees, and the terms of payment, will be established by separate written agreement between the Operator and the AOAO. No-cost access provided to date does not create any obligation to provide the Platform free of charge in the future and does not transfer any ownership or perpetual-use right to the AOAO.

6. User and Association Data

“User Data” means the resident, owner, and association information submitted to or generated within the Platform by the AOAO and its Users in the course of community management. As between the Operator and the AOAO, the AOAO controls the User Data and is responsible for its accuracy, legality, and the rights necessary to provide it. The Operator’s ownership of the Platform does not extend to User Data.

The Operator’s collection, use, storage, and protection of personal information through the Platform are described in the Privacy Policy, which is incorporated into these Terms by reference.

7. Acceptable Use

You agree not to use the Platform to:

  • Violate any applicable law, regulation, or the rights of any third party;
  • Upload or transmit malicious code, or interfere with the operation, security, or integrity of the Platform;
  • Attempt to gain unauthorized access to the Platform, other accounts, or its underlying systems;
  • Access or use data you are not authorized to access; or
  • Use the Platform for any purpose other than the legitimate community-management purposes for which it is provided.

8. Disclaimer of Warranties

As-Is Disclaimer

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE OPERATOR DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA WILL BE ACCURATE OR PRESERVED.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE OPERATOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE OPERATOR’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID TO THE OPERATOR FOR THE PLATFORM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

10. Indemnification

The AOAO and each User agree to indemnify, defend, and hold harmless the Operator from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) their use of the Platform, (b) their violation of these Terms, (c) their violation of any law or the rights of any third party, or (d) the User Data they submit to or manage within the Platform.

11. Term and Termination

These Terms remain in effect while you access or use the Platform. The Operator may suspend or terminate access to the Platform, in whole or in part, at any time and for any reason, with or without notice. Provisions that by their nature should survive termination — including those concerning ownership and intellectual property, disclaimers, limitation of liability, indemnification, and governing law — survive termination of these Terms.

12. Changes to These Terms

The Operator may revise these Terms at any time by posting an updated version on the Platform. Material changes will be communicated through the Platform’s normal notification channels. Your continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.

13. SMS / Text Message Program

If you provide a mobile number and opt in, the Platform may send recurring SMS text alerts for the notifications you select — such as board-meeting reminders, association announcements, and optional resident-marketplace alerts.

  • Message frequency varies based on association activity and the notifications you choose.
  • Message and data rates may apply.
  • Reply STOP to unsubscribe at any time, or HELP for help. You may also disable text notifications in your Notification Settings.
  • Carriers are not liable for delayed or undelivered messages.
  • For how we handle your mobile number, see our Privacy Policy.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Hawaii, without regard to its conflict-of-laws principles. The exclusive venue for any dispute arising out of or relating to these Terms or the Platform shall be the state and federal courts located in Honolulu, Hawaii, and the parties consent to the personal jurisdiction of those courts.

15. Contact

Questions about these Terms may be directed to:

Christopher Breen

Operator of the Waikiki Townhouse Platform

Email: webmaster@waikikitownhouse.org

Platform © 2026 Christopher Breen. All Rights Reserved. The Waikiki Townhouse resident management Platform is owned and operated by Christopher Breen and provided to the AOAO as a hosted service.