Terms of Service

These Terms govern your use of the ParkDwell parking management platform (the “Service”), operated by ParkDwell, Inc. (“ParkDwell,” “we,” “us”). By creating an account or using the Service you agree to them. If you are agreeing on behalf of a company, you represent that you have authority to bind it.

1. What ParkDwell is — and is not

ParkDwell is software. We provide tools that let a property owner or manager (“Operator”) administer their own parking: issue permits, manage spots and waitlists, accept payments, and record enforcement activity.

ParkDwell is not a parking operator, a towing company, or a party to the parking arrangement between an Operator and a resident, guest, or parker. The Operator sets its own parking rules, prices, and enforcement policy, and is solely responsible for the legality of those rules in its jurisdiction. We do not review or approve them.

2. Accounts

You must provide accurate information and keep your credentials secure. You are responsible for activity under your account. Roles within an Operator’s organisation carry different permissions; the Operator is responsible for granting them appropriately and for removing access when a staff member leaves.

3. Fees

Operator subscription

Plans and prices are published at parkdwell.com/pricing. Paid plans are billed monthly in advance and renew automatically until cancelled. Free trials convert to a paid plan at the end of the trial unless cancelled first. A Pay-as-you-go plan is available with no monthly fee.

Transaction fees

We charge a platform fee on parking payments processed through the Service, disclosed at parkdwell.com/pricing. The fee is deducted automatically at the time of each transaction.

Payment processing and payouts

Payments are processed by Stripe, and the Operator must complete Stripe Connect onboarding to accept them. Funds from parking transactions are paid directly to the Operator’s connected Stripe account, net of our platform fee and Stripe’s own fees. We do not hold Operator funds. Payout timing, reserves, and related matters are governed by the Operator’s agreement with Stripe.

Taxes, refunds, chargebacks

Fees exclude taxes; you are responsible for taxes on your use of the Service and for any tax obligations arising from parking revenue you collect. Subscription fees are non-refundable except where required by law. The Operator is responsible for refunds it issues to parkers, and for chargebacks and associated fees on transactions it processes.

4. Enforcement, citations, and towing

Where an Operator enables enforcement features, the Operator alone decides whether to issue a notice, levy a charge, or dispatch a tow. Those actions are heavily regulated and vary by state and municipality — including rules on signage, notice periods, appeal rights, permitted fee amounts, and who may authorise a tow.

The Operator is solely responsible for complying with those laws and for the consequences of any enforcement action. ParkDwell records and transmits what the Operator instructs; we do not verify that an action is lawful, warranted, or correctly directed. Nothing in the Service is legal advice.

5. Residents, guests, and parkers

If you use the Service as a resident, guest, or parker, you may use it only to manage your own parking. You agree that vehicle and plate details you provide are accurate. Your parking rights come from your agreement with the property, not from these Terms, and the property may change or end them under that agreement.

6. Acceptable use

You agree not to:

• Access data belonging to another organisation, resident, or parker.
• Probe, scan, or test the security of the Service, or circumvent access controls.
• Submit false plate, identity, or payment information.
• Use the Service to harass, stalk, or surveil any individual.
• Scrape or bulk-extract data except through features we provide for that purpose.
• Resell or provide the Service to a third party without our written agreement.

We may suspend access for a material breach, and for urgent security risks without notice.

7. Your data

As between us, the Operator owns the data it and its residents put into the Service. You grant us a licence to host and process it solely to provide the Service and as described in our Privacy Policy and Data Processing Addendum. We may use aggregated or de-identified data to operate and improve the Service.

You can export your organisation’s data at any time from the admin console. On termination, export terms are set out in the DPA.

8. Availability

We aim for high availability but do not commit to an uptime level unless a written service-level agreement says otherwise. We may modify or discontinue features; for material reductions affecting a paid plan we will give reasonable notice.

9. Third-party services

The Service integrates with third parties including Stripe, gate hardware providers, and messaging providers. Your use of those services is governed by their terms, and we are not responsible for their acts, omissions, or availability.

10. Intellectual property

We retain all rights in the Service, including its software, design, and documentation. These Terms grant no rights in our trademarks. Feedback you send us may be used without restriction or obligation.

11. Disclaimers

Except as expressly stated, the Service is provided “as is” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, that licence-plate recognition will be accurate, or that gate hardware will operate reliably.

12. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Our aggregate liability arising out of these Terms will not exceed the greater of (a) the fees you paid us in the twelve months before the event giving rise to the claim, or (b) one hundred US dollars. These limits do not apply to your payment obligations or to liability that cannot be limited by law.

13. Indemnity

You will defend and indemnify ParkDwell against third-party claims arising from your use of the Service in breach of these Terms, your parking rules or enforcement actions (including any towing or citation), or your violation of law or the rights of others.

14. Term and termination

You may cancel at any time from the admin console; cancellation takes effect at the end of the current billing period. We may terminate or suspend for material breach, or on 30 days’ notice for convenience. On termination your right to use the Service ends; Sections 7 and 10–13 survive.

15. Changes to these Terms

We may update these Terms. For material changes we will give notice through the Service or by email before they take effect. Continued use after that constitutes acceptance.

16. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Delaware. Each party waives any right to a jury trial.

17. General

These Terms, with the Privacy Policy and DPA, are the entire agreement between us. If a provision is unenforceable, the rest remains in effect. You may not assign these Terms without our consent; we may assign them in connection with a merger or sale of assets. Our failure to enforce a provision is not a waiver.

18. Contact

legal@parkdwell.com

Questions? Email legal@parkdwell.com.