Effective Date: February 17, 2026 | Last Updated: February 17, 2026
IMPORTANT: These Terms include a binding arbitration provision and class action waiver in Section 14. Please read them carefully.
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and Nestingbird, LLC, a Delaware limited liability company ("Nestingbird," "we," "us," or "our"). These Terms govern your access to and use of the Nestingbird platform, website at https://nestingbird.co, and all related services (collectively, the "Service").
By creating an account or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you are accepting these Terms on behalf of a homeowner association, condominium association, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.
Nestingbird is a software-as-a-service ("SaaS") platform that provides financial management, governance, and operational tools for homeowner associations. The Service may include features such as automated accounting, budgeting, assessment invoicing and collections, meeting and election management, document storage, AI-powered document search, maintenance tracking, and compliance reporting.
Nestingbird is a technology platform, not a property management company. We do not provide property management services, legal advice, accounting advice, or financial advice. The information and tools provided through the Service are for informational and operational purposes only and do not constitute professional advice of any kind. You are responsible for all decisions regarding the management of your association.
You must be at least 18 years of age to create an account. By registering, you agree to provide accurate, current, and complete information and to update it as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at support@nestingbird.co if you suspect unauthorized access.
The Service is offered through multiple subscription tiers, including a free tier and paid tiers with additional features. Current pricing is available at https://nestingbird.co. We reserve the right to modify pricing at any time. For paid subscriptions, we will provide at least 30 days' notice of price changes before your next billing cycle.
Paid subscriptions are billed on a recurring monthly basis. Payment is processed through Stripe. By subscribing to a paid plan, you authorize us to charge your designated payment method on a recurring basis. All fees are stated in U.S. dollars and are non-refundable except as required by law.
For associations using the Treasury plan or above, Nestingbird facilitates assessment collections up to $60,000 per year at no additional volume-based fee. A surcharge of 0.35% applies to collection volume exceeding $60,000 per year. Payment processing fees charged by Stripe are separate and passed through to the association.
Assessment payments and other financial transactions are processed through Stripe Connect. Each HOA using the collections feature operates as a Stripe connected account. This means:
You are solely responsible for ensuring that your association's use of the collections feature complies with your governing documents, applicable state law, and any regulatory requirements.
The Service uses Plaid to establish read-only connections to your HOA bank accounts. When you connect a bank account, you authorize Plaid to access transaction data (including transaction descriptions, amounts, dates, and categories) on a read-only basis. Nestingbird never receives, stores, or has access to your bank login credentials. By connecting a bank account, you represent that you have authority to do so on behalf of the association.
The Service includes AI-powered features such as document search and question answering. These features use third-party AI services (OpenAI and Anthropic) to process document content. Specifically:
AI features are provided for convenience and informational purposes only. AI-generated responses may be inaccurate, incomplete, or out of date. You should not rely on AI-generated content as a substitute for reading your actual governing documents or obtaining professional legal, financial, or accounting advice. Nestingbird disclaims all liability for decisions made in reliance on AI-generated content.
You retain all ownership rights in the content you upload, submit, or create through the Service ("User Content"), including documents, financial data, member information, and meeting records. By uploading User Content, you grant Nestingbird a non-exclusive, worldwide, royalty-free license to use, store, process, and display your User Content solely as necessary to provide the Service to you. This license terminates when you delete your content or close your account, except to the extent that copies are retained in routine backups for a reasonable period.
You are solely responsible for the accuracy, completeness, and legality of all User Content and data you provide. Nestingbird performs automated categorization and processing of financial data but does not guarantee the accuracy of such categorization. You should review all automated outputs for accuracy.
You may request an export of your User Content at any time by contacting support@nestingbird.co. We will provide your data in a standard, machine-readable format within a reasonable timeframe.
You agree not to:
The Service, including its software, design, features, documentation, and all related intellectual property, is and remains the exclusive property of Nestingbird, LLC. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms for the duration of your subscription. Nothing in these Terms transfers any intellectual property rights to you.
THE SERVICE IS 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. Nestingbird does not warrant that the Service will be uninterrupted, error-free, or secure, or that any defects will be corrected.
Without limiting the foregoing, Nestingbird makes no representations or warranties regarding: (a) the accuracy of automated financial categorizations, reports, or AI-generated content; (b) the suitability of the Service for meeting any specific legal, regulatory, or compliance requirement of your association; (c) the timeliness or reliability of payment processing by Stripe or bank data provided by Plaid; or (d) the completeness of 22.1 disclosure packets or other generated documents.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NESTINGBIRD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including but not limited to loss of profits, revenue, data, goodwill, or business opportunity, arising out of or related to your use of or inability to use the Service, regardless of the cause of action or the theory of liability (contract, tort, strict liability, or otherwise), even if Nestingbird has been advised of the possibility of such damages.
NESTINGBIRD'S TOTAL AGGREGATE LIABILITY arising out of or relating to these Terms or the Service shall not exceed the greater of: (a) the total fees you paid to Nestingbird in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you to the extent prohibited by applicable law.
You agree to indemnify, defend, and hold harmless Nestingbird, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law; (d) the accuracy or legality of your User Content; or (e) your association's assessment, collection, or enforcement practices facilitated through the Service.
Before initiating any formal dispute resolution, you agree to first contact us at support@nestingbird.co and attempt to resolve the dispute informally for at least 30 days.
If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Wilmington, Delaware (or, at your election, by telephone, videoconference, or based on written submissions). The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
YOU AND NESTINGBIRD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate the claims of more than one party and may not preside over any form of class or representative proceeding.
Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the jurisdictional limits of such court.
You may opt out of this arbitration provision by sending written notice to support@nestingbird.co within 30 days of first accepting these Terms. If you opt out, disputes will be resolved in the state or federal courts located in New Castle County, Delaware.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. To the extent litigation is permitted under these Terms, you consent to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware.
You may close your account at any time by contacting support@nestingbird.co. Closing your account will terminate your access to paid features at the end of your current billing period. No refunds will be issued for partial billing periods.
We may suspend or terminate your access to the Service immediately upon written notice if you breach these Terms. We may also discontinue the Service (or any feature thereof) with at least 60 days' notice, provided that we will offer a pro-rated refund for any prepaid and unused subscription period.
Upon termination, your license to use the Service ceases. You may request an export of your data within 30 days of termination. After 30 days, we may delete your data in accordance with our Privacy Policy.
We may modify these Terms at any time. If we make material changes, we will notify you by email or by posting a prominent notice on the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date of any modification constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and close your account.
These Terms, together with the Privacy Policy and any plan-specific terms, constitute the entire agreement between you and Nestingbird regarding the Service and supersede all prior agreements.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue 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 without our prior written consent. Nestingbird may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.
Nestingbird shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, pandemics, acts of government, internet outages, or third-party service failures.
Notices to you may be sent to the email address associated with your account. Notices to Nestingbird should be sent to support@nestingbird.co.
Your use of certain features of the Service is subject to the terms and conditions of third-party service providers:
In the event of a conflict between these Terms and any third-party terms, these Terms shall control with respect to your use of the Nestingbird Service.
If you have questions about these Terms, please contact us: