Terms of Service

HousingAI Recertification Determination Service

DRAFT for counsel review. Not legal advice. Bracketed items must be completed.

Last updated: [date]

These Terms govern use of the HousingAI Recertification Determination Service (the "Service") by a public housing agency or assisted housing provider (the "Agency") and its authorized staff ("Users"). By using the Service, the Agency agrees to these Terms and to the Data Handling Addendum, which is incorporated by reference. If the Agency has a signed Services Agreement with HousingAI LLC ("HousingAI"), that agreement controls where it conflicts with these Terms.

1. The Service

1.1 The Service reads income evidence and produces a structured income determination, with sources, method, and stated confidence, for a User to accept or correct. It supports annual, interim, and initial certifications under HUD's income rules as amended by HOTMA, including streamlined determinations for fixed income and safe-harbor determinations where the Agency has adopted them.

1.2 The Service is a decision-support tool. It does not calculate rent, total tenant payment, family share, or housing assistance payments; does not generate or submit form HUD-50058; and is not a system of record. The Agency's property management system remains the system of record.

1.3 The Service never processes Enterprise Income Verification (EIV) data. Users must not upload EIV reports.

2. Accounts and access

2.1 The Agency designates an administrator who authorizes Users. Each User must have an individual account; sharing credentials is prohibited. [Where single sign-on is enabled, the Agency's identity provider governs authentication.]

2.2 The Agency is responsible for activity under its accounts and must de-authorize Users promptly when their role changes or ends.

2.3 HousingAI may suspend an account that it reasonably believes is compromised or is being used in violation of these Terms, and will notify the Agency administrator.

3. Acceptable use

Users may use the Service only to determine income for households the Agency serves, and only with documents the Agency is permitted to collect. Users must not upload EIV content, attempt to access another agency's data, probe or interfere with the Service's security, or use the Service to make automated decisions about a household without human review.

4. Agency data

4.1 The Agency owns the documents and determination records it creates in the Service. HousingAI processes them only to provide, secure, and improve the Service as described in the Data Handling Addendum and the Privacy Policy.

4.2 Evidence documents are redacted of direct identifiers on HousingAI's servers before any machine-learning processing, encrypted at rest, and deleted after the retention period the Agency configures (default [90] days).

4.3 Specialist corrections and label mappings may be used to improve the Service in a form that contains no household information.

5. Human review and reliance

5.1 Every determination states whether the Service is confident, presents alternatives when it is not, and names what is missing when it cannot conclude. Users must review each determination before relying on it.

5.2 The Agency remains solely responsible for its certifications, rent calculations, HUD submissions, and compliance with 24 CFR Part 5 and related notices. HousingAI does not provide legal advice and does not warrant that any determination is correct for a particular household.

6. Regulatory content

The Service encodes HUD rules and indexed figures (asset limits, income thresholds, cost-of-living adjustments) in versioned rule sets with effective dates. HousingAI updates rule sets as HUD and the Social Security Administration publish changes. Each determination records the rule set it used. The Agency should confirm that the rule set in effect matches its own HOTMA compliance status and Administrative Plan or ACOP.

7. Fees

[Fees, billing cycle, and payment terms, or reference to the order form.]

8. Availability and support

HousingAI targets [99.5]% monthly availability, excluding scheduled maintenance announced in advance, and provides support by email at [support address] during [business hours, time zone]. Determinations in progress are saved and can be resumed.

9. Confidentiality

Each party will protect the other's confidential information with at least the care it uses for its own, and will use it only to perform under these Terms. Agency data is Agency confidential information. Public records law obligations of the Agency are not restricted by these Terms.

10. Intellectual property

HousingAI owns the Service, its software, rule sets, dictionaries, and documentation. The Agency receives a non-exclusive, non-transferable right to use the Service during the term. Feedback may be used by HousingAI without obligation.

11. Warranties and disclaimers

HousingAI warrants that it will provide the Service with reasonable skill and care and maintain the security measures described in the Data Handling Addendum. Except as expressly stated, the Service is provided "as is," and HousingAI disclaims implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the extent permitted by law.

12. Limitation of liability

To the extent permitted by law, neither party is liable for indirect, incidental, special, or consequential damages, and HousingAI's total liability under these Terms is limited to the fees paid by the Agency in the [12] months before the claim. These limits do not apply to a party's breach of confidentiality or data protection obligations, or to liability that cannot be limited by law. [Counsel: confirm against public-entity procurement rules; many agencies cannot accept indemnities or caps and require specific language.]

13. Term and termination

These Terms apply while the Agency uses the Service. Either party may terminate for convenience on [60] days' written notice, or immediately for material breach not cured within 30 days. On termination, HousingAI deletes evidence documents within 30 days and returns or deletes determination records as the Agency directs in writing.

14. Governing law and disputes

These Terms are governed by the laws of the Commonwealth of Massachusetts. [Venue; dispute resolution; sovereign immunity language for public agencies as counsel advises.]

15. Changes

HousingAI may update these Terms with at least 30 days' notice to the Agency administrator. Continued use after the effective date constitutes acceptance; the Agency may terminate before then if it objects.

Contact: HousingAI LLC, [address], [email].