Terms of Service

1. Agreement to these terms

Gather Commons (the “Service”) is operated by Gather Commons LLC, a company formed in Georgia(“we,” “us,” or “our”). By creating an account, subscribing, or using the Service, you agree to these Terms of Service. If you are agreeing on behalf of a homeowners association, club, neighborhood group, or other organization (a “Community”), you represent that you are authorized to bind that organization, and “you” refers to both you and that organization.

If you do not agree to these terms, do not use the Service.

2. What the Service does

Gather Commons provides software for running a community: events and RSVPs, amenity and facility reservations, a member directory, documents, announcements, online payments, and a branded public website with an optional custom domain. Specific features available to you depend on your subscription plan.

We may add, change, or remove features over time. If we materially reduce functionality you are paying for, you may cancel under Section 5 and request a prorated refund for the unused portion of your current term.

3. Accounts and eligibility

You must be at least 18 years old to create an account and agree to these terms. You are responsible for the accuracy of the information you provide, for the activity that occurs under your account, and for keeping your login credentials secure. Notify us promptly at support@gathercommons.com if you believe your account has been accessed without authorization.

Your Community’s administrators control who is invited, what roles they hold, and what they can see. You are responsible for administering those permissions appropriately.

4. Subscriptions, billing, and automatic renewal

This section describes a recurring charge. Please read it carefully.

• Recurring charge. Gather Commons is sold as a subscription. You choose a plan and a billing period — monthly or annual — when you sign up. The price for your selected plan and billing period is shown before you enter payment details and again on the checkout page.
• Automatic renewal. Your subscription renews automatically at the end of each billing period — every month for monthly plans, every year for annual plans — and the payment method on file is charged the then-current rate for your plan, until you cancel.
• Free trial. Paid plans begin with a free trial. Your payment method is collected at signup but is not charged until the trial ends. If you cancel before the trial ends, you are not charged. If you do not cancel, the subscription begins and the first charge is made automatically.
• Taxes. Prices exclude applicable sales or use taxes, which are added where required.
• Failed payments. If a charge fails, we may retry it and may suspend access until payment succeeds. We will attempt to notify you at the administrator email on file.
• Price changes. We may change subscription prices. We will give you at least 30 days’ notice by email before a change takes effect for your subscription, and the change applies from your next renewal. If you do not accept the new price, you may cancel before it takes effect.

Payments are processed by Stripe. We do not store full payment card numbers on our systems.

5. Cancellation and refunds

You can cancel at any time, yourself, from inside the platform. Sign in as a Community administrator and go to Admin → Billing, then open the billing portal and choose to cancel. No phone call, email, or retention conversation is required. You may also cancel by emailing support@gathercommons.com from the administrator address on file.

• When cancellation takes effect. Cancellation stops future renewals. Your subscription remains active through the end of the billing period you have already paid for, and access ends at that point.
• During a free trial. Cancel before the trial ends and you are not charged at all.
• Refunds. Payments already made are generally non-refundable, except where required by law or where we have materially failed to provide the Service. If you cancel an annual plan within 30 days of the first charge for a term, contact us at support@gathercommons.com and we will refund that charge.
• Your data after cancellation.You may export your Community’s data before your access ends. See Section 7 and our Privacy Policy for retention and deletion.

6. Acceptable use

You agree not to use the Service to:

• break the law, or infringe someone else’s rights;
• upload malware, or attempt to gain unauthorized access to the Service or another Community’s data;
• send unsolicited bulk messages to people who have not joined your Community;
• harass, threaten, or defame others, or publish content that is unlawful or invasive of privacy;
• resell or white-label the Service without our written agreement;
• probe, scan, or load-test the Service without our permission, or circumvent usage limits.

We may suspend or terminate accounts that violate this section. Where practical we will tell you first and give you a chance to fix the problem.

7. Your content and your members’ data

You own the content your Community puts into the Service — member records, documents, events, photographs, announcements, and similar material (“Community Data”). You grant us a limited license to host, process, back up, and display Community Data solely to operate and support the Service for you.

You are responsible for the personal information you collect about your members. As between you and us, your Community decides what member information to collect and who may see it; we process it on your instructions. You are responsible for having a lawful basis to collect it, for telling your members how it is used, and for honoring their requests about it. Our Privacy Policy explains how we handle data on your behalf.

Communities frequently include households with children — swim teams, junior tennis, youth events. You are responsible for obtaining any parental consent required by law before collecting information about minors, and for restricting who in your Community can view it.

8. Third-party services

The Service relies on third parties, including Stripe and Square for payment processing, Brevo for transactional email, and cloud hosting providers. Payment processing is subject to the processor’s own terms, and funds your Community collects from members flow through your own connected processor account. We are not a party to transactions between your Community and its members and are not responsible for disputes arising from them.

9. Intellectual property

We own the Service — its software, design, and brand. These terms do not transfer any of our intellectual property to you beyond the right to use the Service during your subscription. You own your Community’s name, logo, and Community Data. If you send us feedback or suggestions, we may use them without obligation to you.

10. Service availability

We work to keep the Service available and reliable, but we do not promise uninterrupted access. We may perform maintenance, and outages can occur at providers we depend on. We do not currently offer a contractual uptime guarantee.

11. Disclaimers

Except as expressly stated in these terms, the Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Gather Commons is not a legal, accounting, or tax service. Nothing in the Service constitutes legal or financial advice for your Community, and you remain responsible for your organization’s compliance with its own governing documents and applicable law.

12. Limitation of liability

To the maximum extent permitted by law, we will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, or lost or corrupted data. Our total liability arising out of or relating to the Service in any twelve-month period will not exceed the amount you paid us for the Service in the twelve months before the event giving rise to the claim.

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

13. Indemnification

You agree to defend and indemnify us against claims, damages, and reasonable costs arising from your Community Data, your use of the Service in breach of these terms, or your violation of law or of a third party’s rights.

14. Suspension and termination

You may stop using the Service at any time by cancelling under Section 5. We may suspend or terminate your access if you materially breach these terms, if payment fails and remains unresolved, or if required by law. If we terminate without cause, we will refund the unused portion of any prepaid term.

15. Changes to these terms

We may update these terms. If a change is material, we will give notice by email to the administrator address on file or by notice in the Service at least 30 days before it takes effect. Continuing to use the Service after that date means you accept the updated terms. If you do not accept them, cancel before they take effect.

16. Governing law and disputes

These terms are governed by the laws of Georgia, without regard to its conflict-of-law rules. You and we agree to try in good faith to resolve any dispute informally by contacting support@gathercommons.com first. Any dispute not resolved informally will be brought in the state or federal courts located in Georgia, and both parties consent to that jurisdiction.

17. Contact

Gather Commons LLC
6825 Womack Ct, Atlanta, GA 30360
support@gathercommons.com