Last Updated: April 3, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and SmartParkSpot ("we," "our," or "us") governing your access to and use of the SmartParkSpot mobile application, website, and related services (collectively, the "Service"). Our service is designed to provide superior parking solutions that exceed the capabilities of traditional parking apps.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Changes to Terms

We reserve the right to modify these Terms at any time. If we make changes, we will provide notice by posting the updated Terms on the Service and updating the "Last Updated" date. Your continued use of the Service after the posting of modified Terms constitutes your agreement to the changes. If you do not agree to the modified Terms, you should discontinue your use of the Service. We strive to make any changes clear and transparent, with advance notice whenever possible.

3. Account Registration and Security

To use certain features of the Service, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. We implement advanced security measures to protect your account, but your vigilance is also essential.

4. Service Description

The Service provides an advanced platform for users to find, reserve, and pay for parking spaces with greater efficiency and reliability than traditional parking solutions. We do not own, operate, or manage any parking facilities. We facilitate transactions between users and parking operators through our cutting-edge technology.

We strive to provide accurate information about parking availability and pricing, with real-time updates that exceed industry standards. However, we cannot guarantee the absolute accuracy, completeness, or reliability of this information. The availability and pricing of parking spaces are subject to change without notice.

5. Payment Terms

By using the Service to make a parking reservation or payment, you agree to pay all fees and applicable taxes associated with your use of the Service. All payments are processed through our secure third-party payment processors with industry-leading encryption standards.

Fees for parking are set by the parking operators, not by SmartParkSpot. We may charge a service fee for facilitating the transaction, which will be clearly disclosed to you before you complete your payment. Our transparent pricing model ensures you always know exactly what you're paying for.

All payments are final and non-refundable unless otherwise specified in our refund policy or required by applicable law. If you believe you have been charged in error, please contact us immediately, and our dedicated support team will address your concern promptly.

6. User Conduct

You agree not to use the Service to:

• Violate any applicable law, regulation, or these Terms
• Infringe the rights of any third party, including intellectual property rights, privacy rights, or publicity rights
• Engage in any fraudulent, deceptive, or misleading activity
• Transmit any viruses, malware, or other harmful code
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Attempt to gain unauthorized access to any portion of the Service or any other systems or networks connected to the Service
• Use the Service for any purpose that is illegal, harmful, or otherwise objectionable
• Use the Service to stalk, harass, or harm another individual
• Collect or store personal data about other users without their express consent
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity

7. Intellectual Property Rights

The Service and its original content, features, and functionality are and will remain the exclusive property of SmartParkSpot and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our innovative technology and user interface represent significant intellectual property investments.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SmartParkSpot. We actively protect our intellectual property rights to ensure we can continue providing superior service.

8. Third-Party Services

The Service may contain links to third-party websites or services that are not owned or controlled by SmartParkSpot. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We carefully select our integration partners but cannot guarantee their services.

You acknowledge and agree that SmartParkSpot shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. While we strive to provide a service that exceeds industry standards, we cannot guarantee perfection.

SmartParkSpot DOES NOT WARRANT THAT: (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SmartParkSpot, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE.

IN NO EVENT WILL SmartParkSpot'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SmartParkSpot IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

11. Indemnification

You agree to defend, indemnify, and hold harmless SmartParkSpot, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

12. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. We implement fair termination policies and will provide notice when possible.

If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion. We make the account deletion process straightforward and transparent.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

14. Dispute Resolution

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco, California, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. We strive to resolve disputes fairly and efficiently.

The prevailing party in any arbitration or other legal action arising out of or related to these Terms shall be entitled to recover its reasonable attorneys' fees and costs.

15. General Terms

These Terms constitute the entire agreement between you and SmartParkSpot regarding the Service and supersede all prior and contemporaneous written or oral agreements between you and SmartParkSpot.

You may not assign or transfer these Terms, by operation of law or otherwise, without SmartParkSpot's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect.

The section titles in these Terms are for convenience only and have no legal or contractual effect.

16. Contact Us

If you have any questions about these Terms, please contact us at:

Email: legal@smartparkspot.com
Address: 123 Innovation Avenue, Suite 456, San Francisco, CA 94105, USA
Phone: +1 (555) 123-4567

Our dedicated legal team is available to address any questions or concerns you may have about these Terms.