Terms & Conditions

Last updated May 26, 2025

These Terms and Conditions ("Terms") constitute a legally binding agreement between Park Pal ("Platform," "we," "us," or "our"), a peer-to-peer parking marketplace, and any individual or entity ("User," "you") accessing or utilizing the Platform to list or rent parking spaces. By accessing or using the Platform, you acknowledge and agree to be bound by these Terms. If you do not agree, you must refrain from using the Platform.

Article 1: Platform Scope and Nature

1.1 Platform Description. The Platform operates as an online intermediary facilitating the listing, booking, and payment for parking spaces owned or controlled by Hosts for use by Drivers. We do not own, control, lease, or manage any parking spaces, nor do we act as an agent, lessor, or insurer for Hosts or Drivers. The Platform provides a digital marketplace for Users to enter into independent agreements for parking space rentals.

1.2 No Party to User Agreements. Any agreement formed between Hosts and Drivers through the Platform is solely between those parties. We are not a party to such agreements and disclaim all liability arising therefrom, except as expressly provided in these Terms.

Article 2: User Eligibility and Registration

2.1 Eligibility Requirements. To use the Platform, you must: (a) Be at least 18 years of age or the age of majority in your jurisdiction; (b) For Drivers, possess a valid driver's license and vehicle registration; (c) For Hosts, provide verifiable proof of ownership or control of the listed parking space (e.g., property deed, utility bill, or lease agreement); (d) Provide accurate, current, and complete information during registration; and (e) Comply with all applicable federal, state, and local laws, including zoning ordinances and homeowners' association (HOA) regulations.

2.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account. You agree to notify us immediately of any unauthorized access or use of your account. We reserve the right to suspend or terminate accounts for providing false information or engaging in prohibited conduct.

Article 3: Host Obligations

3.1 Listing Requirements. Hosts shall: (a) Ensure legal authority to list the parking space; (b) Obtain all necessary permits, licenses, or HOA approvals for renting the parking space; (c) Provide accurate descriptions of the parking space, including size, accessibility, and any hazards (e.g., uneven surfaces, low clearance); and (d) Maintain the parking space in a safe, usable condition, free of undisclosed hazards.

3.2 Insurance and Compliance. Hosts are solely responsible for obtaining and maintaining homeowners' or property insurance covering short-term rental activities. Hosts shall comply with all applicable tax obligations, including reporting rental income and remitting transient occupancy taxes where required by local law.

3.3 Host Representations. Hosts represent and warrant that their parking spaces comply with all applicable laws and regulations, including zoning, safety, and accessibility requirements. Hosts shall indemnify the Platform against claims arising from non-compliance.

Article 4: Driver Obligations

4.1 Conduct and Compliance. Drivers shall: (a) Provide a valid driver's license and vehicle registration; (b) Use the parking space solely for its intended purpose and in accordance with the Host's instructions; (c) Adhere to booking terms, including arrival and departure times; and (d) Be responsible for any damage caused to the Host's property during use.

4.2 Vehicle Responsibility. Drivers shall maintain valid auto insurance covering their vehicle and assume all risks associated with parking, including theft, vandalism, or damage, unless caused by the Host's gross negligence or willful misconduct.

Article 5: Booking and Payment Terms

5.1 Booking Process. Bookings are facilitated through the Platform's in-app system. Hosts set pricing and availability, and Drivers reserve spaces subject to Host approval. All bookings are subject to these Terms and any additional Host-specific conditions disclosed at booking.

5.2 Payment Processing. Payments are processed through a third-party payment provider (e.g., Stripe). The Platform collects a service fee per transaction, as disclosed at booking. Funds are held in escrow until the booking is completed, defined as the Driver's departure from the parking space.

5.3 Taxes and Fees. Hosts are responsible for remitting any applicable taxes, including transient occupancy taxes, as required by local law. Drivers are responsible for any taxes or fees associated with their use of the Platform, as disclosed at booking.

5.4 Escrow and Fund Release. Payments are held in escrow by the third-party payment provider until the booking is completed. Funds are released to the Host, minus the Platform's service fee, within a reasonable period after completion, subject to any disputes or chargebacks.

Article 6: Cancellations and Dispute Resolution

6.1 Cancellation Policy. (a) Driver Cancellations: Drivers may cancel bookings 24 hours or more before the start time for a full refund, less the Platform's service fee. Cancellations within 12 hours of the start time are non-refundable, unless otherwise agreed by the Host. (b) Host Cancellations: Hosts may cancel bookings with reasonable notice. Repeated cancellations may result in account suspension or removal of listings. (c) Penalties: No-shows by Drivers may incur a $25 fee. Overstays (parking beyond the reserved time) may incur a penalty fee of double the hourly rate, as reported by the Host.

6.2 Dispute Resolution Process. (a) Users may submit disputes (e.g., cancellations, no-shows, overstays, or damages) through the Platform's in-app system, providing evidence such as photos or timestamps. (b) The Platform will facilitate mediation to resolve disputes but is not liable for outcomes. (c) Unresolved disputes may be escalated to binding arbitration under the rules of the American Arbitration Association, with costs borne by the parties. (d) Users agree to pursue disputes individually, not as part of a class action.

Article 7: Liability Disclaimer

7.1 Platform's Limited Liability. The Platform is not liable for any damages, injuries, or losses arising from Host-Driver interactions, including but not limited to property damage, vehicle theft, vandalism, or personal injury. Users acknowledge that they use the Platform at their own risk.

7.2 Host and Driver Liability. (a) Hosts are liable for injuries or damages caused by their negligence (e.g., failure to disclose hazards). (b) Drivers are liable for damages they cause to a Host's property (e.g., driveway cracks, fence damage). (c) Users shall rely on their own insurance (homeowners' for Hosts, auto for Drivers) to cover losses, unless otherwise agreed.

7.3 Indemnification. Users agree to indemnify, defend, and hold harmless the Platform, its affiliates, and their respective officers, directors, and employees from any claims, liabilities, damages, or expenses (including reasonable attorneys' fees) arising from their use of the Platform, violation of these Terms, or infringement of third-party rights.

Article 8: Intellectual Property

8.1 Platform Ownership. The Platform, including its software, design, trademarks, and content (excluding User-generated content), is owned by or licensed to Park Pal and is protected by intellectual property laws. Users may not copy, modify, distribute, or reverse-engineer any part of the Platform without prior written consent.

8.2 User-Generated Content. Users grant the Platform a non-exclusive, worldwide, royalty-free license to use, display, and reproduce content they submit (e.g., parking space listings, photos) for the purpose of operating and promoting the Platform. Users represent that they have the right to grant such a license.

Article 9: Termination and Suspension

9.1 Termination by User. Users may terminate their account at any time by notifying the Platform and ceasing use.

9.2 Termination by Platform. We may suspend or terminate your account or access to the Platform, with or without notice, for: (a) Violating these Terms; (b) Providing false or misleading information; (c) Engaging in unlawful, fraudulent, or harmful conduct; or (d) Repeated cancellations or disputes that disrupt the Platform's operations.

9.3 Effect of Termination. Upon termination, all licenses granted to you under these Terms cease, and you must stop using the Platform. Any outstanding payments or disputes remain enforceable.

Article 10: Force Majeure

10.1 Excused Performance. The Platform shall not be liable for any failure or delay in performance due to events beyond its reasonable control, including but not limited to natural disasters, government actions, war, terrorism, or technical failures (e.g., server outages).

Article 11: Governing Law and Jurisdiction

11.1 Governing Law. These Terms are governed by the laws of Washington, without regard to its conflict of law principles.

11.2 Jurisdiction. Any disputes arising under these Terms shall be resolved through arbitration in Bellevue, Washington, except for claims that may be brought in small claims court. Users consent to the exclusive jurisdiction of such forums.

Article 12: Miscellaneous

12.1 Amendments. We may update these Terms at any time by posting the revised version on the Platform. Continued use constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Platform.

12.2 Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12.3 No Waiver. Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

12.4 Entire Agreement. These Terms, together with the Privacy Policy and Host Agreement, constitute the entire agreement between you and the Platform, superseding any prior agreements.

Questions? Contact us at useparkpall@gmail.com.