Terms of Service

Introduction

Welcome to ParkSmart’s websites, mobile applications, hosted platforms, payment interfaces, kiosks, and related online services (collectively, the "Services"). These Terms of Service (the "Terms") are a written contract between you and/or the company or organization on whose behalf you are acting (collectively, "you") and ParkSmart, Inc. ("ParkSmart," "Company," "we," or "us") and govern your access to and use of the Services.

These Terms apply to your use of ParkSmart’s consumer-facing and business-facing services, including parking payment tools, parking permit and validation tools, software platforms, account portals, customer support functions, and related digital features. In some cases, additional terms, order forms, service agreements, license agreements, master services agreements, statements of work, or location-specific rules may apply to a particular parking facility, customer account, permit program, software offering, or business relationship. If you or the organization on whose behalf you are acting has entered into a separate written agreement with ParkSmart, that separate agreement will control to the extent it conflicts with these Terms. In that case, these Terms will apply only to the parts of the Services and the activities not governed by the separate agreement, such as general public website use or individual user interactions outside the scope of the written customer contract. If you do not agree to these Terms, you must stop using the Services.

Arbitration

This section is important because it affects how legal disputes are resolved.

These Terms contain an Arbitration Agreement and class action waiver. Subject to the limited exceptions below, you and ParkSmart agree to resolve disputes through binding arbitration on an individual basis rather than in court.

What is arbitration?

Arbitration is a private dispute-resolution process in which a neutral arbitrator, rather than a judge or jury, decides a legal dispute. Arbitration is generally less formal than court, but the arbitrator can award the same individual damages and relief that a court can award in many cases.

Arbitration agreement

To the fullest extent permitted by law, any dispute, claim, or controversy between you and ParkSmart arising out of or relating to the Services, these Terms, the Privacy Policy, any transaction conducted through the Services, or your relationship with ParkSmart will be resolved exclusively through final and binding arbitration, except that either party may bring an individual action in small claims court if the matter qualifies and remains in that court, and either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect intellectual property, confidential information, or other rights pending completion of arbitration.

Arbitration procedure

The arbitration will be administered by JAMS under its then-current Streamlined Arbitration Rules and Procedures. Unless the parties agree otherwise, the arbitration will be conducted by a single arbitrator. The arbitration may be conducted remotely, by submission of documents, in person in the county where you reside, or at another mutually agreed location, as permitted by the applicable rules and the arbitrator.

Governing law for arbitration

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To the extent state law applies, the laws of the State of California, without regard to conflict-of-laws principles, will govern these Terms and any dispute not subject to the Federal Arbitration Act.

Fees

Each party will be responsible for the fees allocated to it under the applicable JAMS rules and applicable law. ParkSmart will pay fees where required by law. Each party will bear its own attorneys’ fees except to the extent a statute, contract, or arbitral rule allows recovery of fees by the prevailing party or otherwise authorizes such an award.

Class action waiver

You and ParkSmart agree that each may bring claims against the other only in an individual capacity and not as a plaintiff, claimant, or class member in any purported class, collective, representative, or private attorney general proceeding, except to the extent such waiver is prohibited by law.

Opt-out right

You may opt out of this Arbitration Agreement by sending written notice of your decision to opt out to ParkSmart within thirty (30) days after you first use the Services or first agree to these Terms, whichever occurs first. Your opt-out notice must include your name, mailing address, email address, and a clear statement that you want to opt out of the Arbitration Agreement. Opting out of arbitration will not affect any other part of these Terms.

Our Services

What ParkSmart does

ParkSmart provides parking management technology and related services for property owners, operators, employers, merchants, and end users. Depending on the location and product, the Services may allow users to pay for parking, register vehicles, apply for or manage parking permits, receive validations, review transactions, access software features, manage accounts, or interact with customer service. ParkSmart also provides tools used to support parking enforcement, lot management, occupancy management, reporting, auditing, and automated parking operations.

What ParkSmart does not do

ParkSmart does not guarantee that any particular parking space, facility, rate, permit, validation, or feature will always be available. Parking availability, rates, restrictions, hours, validations, and enforcement practices may vary by location and may be determined by the property owner, parking operator, employer, municipality, or other client using the Services. ParkSmart is not responsible for the separate terms, policies, or actions of property owners, operators, employers, municipalities, merchants, or third-party payment processors, except to the extent required by law.

Use of a parking facility is at your own risk. ParkSmart does not take custody of your vehicle or personal property merely by providing software, payment, validation, permit, or enforcement-related services unless ParkSmart expressly agrees otherwise in writing.

Separate location terms and customer programs

Certain parking facilities or client programs may have additional posted rules, permit terms, validations, restrictions, or conditions that apply to your use of a specific location or service. Those terms may address matters such as hours of operation, eligibility, grace periods, towing, citations, permit revocation, lot-specific rules, or validation limits. By using a location or program, you agree to comply with those additional rules.

Your Account

Account registration

Some parts of the Services may require you to create an account. You agree to provide current, complete, and accurate information and to keep that information updated. You may not create an account in someone else’s name, impersonate another person or entity, or provide information that is misleading or inaccurate.

Account security

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. If you believe your account has been accessed without authorization or that your credentials have been compromised, you must notify ParkSmart promptly.

Authorized business users

If you access the Services on behalf of an employer, property owner, operator, merchant, municipality, or other organization, you represent and warrant that you are authorized to act on that entity’s behalf and to bind that entity to these Terms.

User Content and License

If you submit, upload, or provide any content, reviews, comments, images, feedback, or other materials through the Services (“User Content”), you remain the owner of your User Content. However, we require a license from you to legally host, display, and otherwise use your User Content in connection with the Services; without this license, we could not allow you to upload or submit it. Accordingly, you grant ParkSmart a non exclusive, worldwide, royalty free, fully sublicensable and transferable license to use, host, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display your User Content, in any media now known or later developed, for the purposes of operating, providing, securing, and improving the Services and our business, and as otherwise described in these Terms and our Privacy Policy. We may use your reviews and comments to promote the Services. Aside from such reviews and comments, we will not use your User Content in public-facing advertising without first obtaining your permission or taking reasonable steps to remove or anonymize personal information.

Payments, Subscriptions, Permits, and Validations

Payments

If you use the Services to pay for parking, permits, citations, or related offerings, you agree to pay all applicable amounts, taxes, processing fees, and other charges displayed at the time of the transaction. Payments may be processed by third-party payment processors. By submitting payment information, you authorize ParkSmart and its payment processors to charge the payment method you provide for the applicable transaction.

Subscriptions, recurring charges, and monthly parking plans

Some Services, including parking permits, monthly parking plans, account features, or other offerings, may be offered on an automatically renewing or recurring-payment basis (each, a “Subscription”). Subscription benefits may be subject to availability, posted rules, facility-specific restrictions, and any additional terms disclosed at signup.

Before you enroll, ParkSmart will disclose the material Subscription terms, including the plan or service, price, billing frequency, renewal terms, when charges begin, any trial or promotional terms, how to cancel, and ParkSmart’s contact information. These terms will be presented before purchase and near the request for your consent.

By enrolling in a Subscription, you authorize ParkSmart and its payment processors to charge your selected payment method for the amounts disclosed at signup and on a recurring basis until you cancel or the Subscription ends. Unless otherwise disclosed or required by law, your Subscription automatically renews at the end of each billing period at the then-current rate unless you cancel before the next charge is processed.

ParkSmart will obtain your affirmative consent to the automatic-renewal or continuous-service terms before charging you and may retain records of your consent and related transaction information. After enrollment, ParkSmart will send you an acknowledgment or confirmation that includes the Subscription terms, cancellation policy, and instructions for canceling. If your Subscription includes a free trial, promotional price, or discounted period, the acknowledgment will explain how to cancel before charges begin or before the regular price applies.

You may cancel using the method disclosed at signup and in your acknowledgment. If you enroll online or through the mobile app, ParkSmart will allow you to cancel online or through another electronic method, subject to reasonable account authentication. You may also cancel by [insert toll-free number, email address, account portal, in-app path, or other easy-to-use cancellation method]. Unless otherwise disclosed or required by law, cancellation takes effect at the end of the then-current billing period, and ParkSmart does not provide refunds or credits for partial billing periods.

ParkSmart may send Subscription-related notices, including renewal reminders, trial or promotional-period notices, fee-change notices, receipts, and cancellation confirmations, by email, text message, in-app message, account notice, or another contact method associated with your account. If your Subscription is billed through an app store or other third-party platform, your purchase and cancellation may also be governed by that platform’s terms and tools.

Transaction timing and accuracy

It is your responsibility to confirm that the parking session, permit, validation, location, license plate number, duration, and other transaction details are accurate before completing a transaction. ParkSmart is not responsible for errors caused by incorrect information submitted by you, including an incorrect license plate number, stall number, zone, location, or payment amount.

Permits and validations

Parking permits and validations are subject to the rules of the applicable facility, customer, or program. A permit or validation does not guarantee space availability unless expressly stated otherwise. ParkSmart may suspend, revoke, or restrict a permit or validation if required by a customer program, facility rules, misuse concerns, nonpayment, fraud concerns, or operational needs.

No refunds unless required or stated

Except as otherwise required by law or expressly stated in a facility-specific policy, transaction confirmation, permit program rule, or separate written agreement, payments are non-refundable. If you believe you were charged in error, you must contact ParkSmart or the applicable facility/program contact promptly with enough information for us to review the issue.

Parking Enforcement and Operational Data

Certain Services support parking compliance, permit verification, occupancy management, session tracking, gate access, or enforcement activities. Where applicable, ParkSmart or its clients may use license plate recognition, automated license plate recognition, images, timestamps, permit records, validation data, and related parking information to determine eligibility, verify payment or authorization, assess compliance with posted rules, calculate fees, issue notices, investigate misuse, or support audits and reporting.

You agree that ParkSmart and its clients may rely on operational data generated through the Services and related systems, subject to applicable law, to administer parking programs and facility rules. Nothing in these Terms limits any rights or obligations disclosed in ParkSmart’s Privacy Policy regarding personal information.

Prohibited Conduct

You agree not to misuse the Services. This includes, without limitation, using the Services in violation of law; interfering with the proper operation or security of the Services; attempting to gain unauthorized access to any account, system, or data; scraping, harvesting, or extracting data through automated means without our written permission; reverse engineering or attempting to derive source code from any software except as expressly permitted by law; using the Services to commit fraud or submit false information; using another person’s payment credentials or account without authorization; or using the Services in a way that could damage, disable, overburden, or impair ParkSmart’s systems or the use of the Services by others.

You also agree not to use the Services in a way that violates posted parking rules, permit restrictions, validation rules, or facility terms, or that facilitates unauthorized parking, evasion of parking fees, falsification of parking records, or misuse of customer accounts.

Third Parties

The Services may involve or link to third parties, including property owners, parking operators, employers, municipalities, merchants, validation partners, payment processors, software integrations, analytics providers, map providers, wireless carriers, and other vendors. These third parties may have their own terms, policies, and practices that apply to your dealings with them.

ParkSmart is not responsible for third-party websites, products, services, content, policies, or acts or omissions, except as required by law. Your use of third-party services is at your own risk and may be governed by separate agreements between you and those third parties.

Mobile Devices, Apps, and Communications

Mobile devices and carriers

When you access the Services through a mobile device or wireless network, your carrier’s messaging, data, and other rates and fees may apply. Not all Services or features may be available on all devices, operating systems, browsers, or carriers.

Software updates

If you use a ParkSmart mobile application or other software, you agree that the software may automatically install updates, upgrades, fixes, patches, or new versions designed to improve security, functionality, or performance.

Electronic communications

By using the Services or providing your contact information, you consent to receive transactional, operational, or account-related communications from ParkSmart electronically, including by email, in-app message, or text message where applicable. For marketing messages, ParkSmart will provide any consent choices required by law. You may opt out of marketing emails by using the unsubscribe link in the message, and you may opt out of text messages by replying STOP where applicable. Even if you opt out of marketing, ParkSmart may still send you transactional or service-related communications.

Intellectual Property

License to you

Subject to your compliance with these Terms, ParkSmart grants you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to access and use the Services for their intended purpose. This license does not give you any ownership rights in the Services or any ParkSmart intellectual property.

ParkSmart property

The Services, including all software, technology, designs, compilations, content, trademarks, logos, service marks, trade names, text, graphics, interfaces, and other materials made available by ParkSmart, are owned by or licensed to ParkSmart and are protected by intellectual property and other laws. Except as expressly permitted in these Terms, you may not copy, modify, distribute, sell, lease, display, reproduce, create derivative works from, decompile, or otherwise exploit any portion of the Services without ParkSmart’s prior written consent.

Feedback

If you provide ParkSmart with comments, suggestions, ideas, or other feedback regarding the Services, you grant ParkSmart a worldwide, perpetual, irrevocable, royalty-free right to use and incorporate that feedback for any lawful purpose without compensation to you.

Copyright Infringement and our DMCA Policy

ParkSmart respects the intellectual property rights of others. If you believe content made available through the Services infringes your copyright, you may send a notice with sufficient detail to allow us to investigate the claim, including identification of the copyrighted work, the allegedly infringing material, your contact information, and a statement made in good faith and under penalty of perjury that your claim is accurate and that you are authorized to act on behalf of the copyright owner.

Notices should be sent to the contact information listed below with the subject line “DMCA Notice.” ParkSmart may remove or disable access to material claimed to be infringing and may terminate repeat infringers where appropriate.

Disclaimers

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS TO THE FULLEST EXTENT PERMITTED BY LAW. PARKSMART DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

PARKSMART DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM DELAYS, DEFECTS, VIRUSES, OR OTHER HARMFUL COMPONENTS, OR THAT ANY PARKING SPACE, VALIDATION, PERMIT, SOFTWARE FEATURE, OR ENFORCEMENT RESULT WILL BE AVAILABLE, ACCURATE, OR MEET YOUR EXPECTATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PARKSMART AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, PARKSMART’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU ACTUALLY PAID TO PARKSMART FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100.00). SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON CERTAIN DAMAGES OR LIABILITY, SO THE FOREGOING LIMITATION WILL APPLY TO YOU ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless ParkSmart and its affiliates, officers, directors, employees, contractors, licensors, service providers, and agents from and against any claims, damages, losses, liabilities, judgments, fines, penalties, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to your use of the Services, your violation of these Terms, your violation of any law or third-party rights, your misuse of a parking facility or program, or information or content you submit through the Services.

Termination and Suspension

ParkSmart may suspend, restrict, or terminate your access to all or part of the Services at any time, with or without notice, if ParkSmart believes that you have violated these Terms, violated applicable law, created risk or possible legal exposure, interfered with the Services or others’ use of the Services, provided false information, failed to pay amounts due, or otherwise acted inconsistently with the intended use of the Services.

You may stop using the Services at any time. Any provisions of these Terms that by their nature should survive termination will survive, including provisions relating to arbitration, intellectual property, disclaimers, limitation of liability, indemnification, payment obligations, and governing law.

Governing Law and Venue

Except as otherwise provided in the Arbitration section, these Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules. Subject to the Arbitration section, any action seeking temporary or preliminary injunctive relief or otherwise properly brought in court must be brought exclusively in the state or federal courts located in Contra Costa County, California, and you and ParkSmart consent to personal jurisdiction and venue in those courts.

Changes to These Terms

ParkSmart may update these Terms from time to time to reflect changes in the Services, technology, law, or business practices. If ParkSmart makes a material change, ParkSmart will post the updated Terms and update the “Last Updated” date above, and may provide additional notice where required by law. Your continued use of the Services after the updated Terms become effective means you accept the revised Terms.

Privacy Policy and Other Terms

ParkSmart’s Privacy Policy is incorporated into these Terms by reference and describes how ParkSmart collects, uses, and discloses personal information. Additional terms, notices, policies, posted rules, permit conditions, payment terms, or facility-specific requirements may also apply to certain Services and are incorporated into these Terms to the extent they apply.

Contact Information

ParkSmart, Inc.
1630 North Main Street #372
Walnut Creek, California 94596
Email: info@parksmartinc.com