Terms of Service — AgoraAxis Portal

Effective: September 23, 2026

1. Who these Terms are with

These Terms of Service (“Terms”) are between you and BRP Software, LLC (“BRP,” “we,” “us”), operator of the AgoraAxis Portal (“AAP” or “Platform”). By accessing or using AAP, you agree to these Terms and to our Privacy Policy.

AAP is a software-as-a-service platform used by licensed property management companies (“Property Managers” or “PMs”) to manage homeowners associations (“Associations”) and to communicate with unit owners and residents. Your Property Manager and Association are separately responsible for their own use of the Platform, including the accuracy of information they upload and the messages they send.

2. Accounts

You must provide accurate, current information and keep it up to date.
You are responsible for safeguarding your password and for all activity under your account.
Two-factor authentication is available and, for staff and administrator accounts, is required.
You may not share your account, misrepresent your identity, or attempt to access accounts other than your own.

3. Acceptable use

You agree not to:

Use the Platform to violate any law or the rights of others.
Send content that is defamatory, harassing, obscene, or infringing.
Probe, scan, or test the vulnerability of the Platform without written permission.
Introduce malware, attempt to gain unauthorized access, or interfere with normal operation.
Use the Platform to send messages that are not permitted by the recipient's opt-in consent or by applicable law (TCPA, CAN-SPAM, CTIA guidelines, and carrier rules).

4. SMS text messaging

AAP sends SMS notifications only to unit owners and residents who have completed a two-step opt-in process:

The owner enters their own mobile phone number into their portal account (Property Managers cannot enter phone numbers on an owner's behalf).
The owner replies YES to a confirmation text sent to that number.

Owners may further select which message categories they wish to receive (for example: billing, meeting notices, amenity updates, safety/emergency).

Program: AgoraAxis Portal — account, billing, community, and safety notifications from your Property Manager.
Message frequency: recurring; varies by association and message category.
Rates: standard message and data rates may apply. Mobile carriers are not liable for delayed or undelivered messages.
Opt-out: text STOP at any time to any AAP sending number to cancel messages from that number.
Help: text HELP at any time for support information, or contact your Property Manager.

Only authorized Property Manager staff may compose and send outbound SMS through AAP. Association board members and volunteers cannot send SMS through the Platform.

5. Payments

Payments made through AAP are processed by our third-party payment processor. Payment amounts, due dates, late fees, NSF fees, and refunds are governed by the rules of your Association and applicable state law. AAP is not a party to the underlying financial obligation between you, your Association, and your Property Manager.

6. Content and intellectual property

BRP retains all rights in the Platform, including its software, design, and content, except content submitted by users.
You retain rights to information you submit; you grant BRP a non-exclusive license to host, process, and display it as necessary to operate the Platform.
Property Managers and Associations retain rights to their own records, documents, and communications.

7. Third-party services

The Platform integrates with third-party services (payment processing, email delivery, SMS carriage via Twilio, document storage, identity/2FA). Your use of those services is subject to their own terms.

8. Disclaimers

The Platform is provided “AS IS” and “AS AVAILABLE.” To the maximum extent permitted by law, BRP disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. BRP does not warrant that the Platform will be uninterrupted, error-free, or secure against every threat.

9. Limitation of liability

To the maximum extent permitted by law, BRP will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or business opportunities, even if advised of the possibility. BRP's aggregate liability for any claim arising out of or relating to the Platform will not exceed the greater of (a) the amount your Property Manager paid to BRP for the Platform in the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars ($100).

10. Indemnification

You agree to defend, indemnify, and hold harmless BRP and its officers, employees, and agents from any claim or demand, including reasonable attorneys' fees, arising out of your breach of these Terms, your misuse of the Platform, or your violation of any law or the rights of a third party.

11. Termination

We may suspend or terminate access to the Platform at any time for violation of these Terms, non-payment (through your Property Manager), or as required by law. You may stop using the Platform at any time; certain provisions of these Terms (including sections 8, 9, 10, and 13) survive termination.

12. Changes

We may update these Terms from time to time. Material changes will be communicated through the Platform or by email. Continued use of the Platform after changes take effect constitutes acceptance.

13. Governing law

These Terms are governed by the laws of the Commonwealth of Kentucky, without regard to conflict-of-laws principles. Any dispute will be resolved exclusively in the state or federal courts located in Kentucky, and you consent to the personal jurisdiction of those courts.

14. Contact

BRP Software, LLC
https://brpsoftware.com