Terms of Service

PARKKR APP TERMS OF SERVICE

PLEASE READ THESE TERMS CAREFULLY. BY CLICKING "I AGREE" OR ACCESSING OR USING THE PARKKR APPLICATION (THE "SERVICE"), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER.

I. ACCEPTANCE OF TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you (the "User" or "Lot Manager," as applicable) and Parkkr LLC ("Parkkr," "we," "us," or "our"), a Florida corporation, governing your access to and use of our web and mobile applications (the "Service").

Your use of the Service is also governed by our Privacy Policy, which is incorporated herein by reference.

By using the Service, you represent that you are at least 18 years old or the age of majority in your jurisdiction, and you have the legal capacity to enter into this agreement. If you are accepting these Terms on behalf of an entity (such as a company operating parking lots), you represent that you have the authority to bind that entity to these Terms.

II. PARKKR'S LIMITED ROLE: SOLELY A SOFTWARE PROVIDER

PARKKR IS A TECHNOLOGY COMPANY. WE PROVIDE SOFTWARE ONLY.

You expressly acknowledge and agree to the following limitations on Parkkr's responsibilities:

• NO OWNERSHIP OR MANAGEMENT: Parkkr does not own, operate, manage, maintain, or control any parking facility, lot, or space listed or accessed via the Service.
• NO PRICING AUTHORITY: Parkkr does not set, control, or receive parking rates, fees, or time limits for any lot. All pricing is determined exclusively by the respective Lot Manager.
• NO ENFORCEMENT AUTHORITY: Parkkr does not issue, assess, or enforce parking violations, tickets, fines, or fees, nor are we involved in the towing or impoundment of vehicles. All enforcement actions are the sole responsibility of the Lot Manager or their designated agents.
• NO BAILMENT: Parkkr is not a bailee of your vehicle, and your use of any parking lot arranged through the Service does not create a contract of bailment between you and Parkkr. Parkkr is not responsible for the security of your vehicle or any personal property left inside it.

III. GENERAL USER OBLIGATIONS (APPLICABLE TO ALL USERS)

• Accuracy of Information: You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated.
• Compliance with Lot Rules: Users and Lot Managers must abide by all rules, regulations, and signage posted at the physical parking facility, regardless of the information displayed in the Service.
• Software Misuse: You agree not to misuse the Service, including attempts to circumvent payment systems, harvest data, or introduce malicious code.
• International Compliance: Recognizing Parkkr operates worldwide, you are solely responsible for compliance with all local laws, rules, and regulations regarding the use of the Service and parking transactions in your specific jurisdiction.

SMS TERMS & CONSENT: 

• By providing your phone number, and affirmatively checking the consent box, you consent to receive a one time verification text from Parkkr to verify your phone number. Message and data rates may apply.
• By separately affirmatively opting in to receive sms messages, you consent to receive transaction/service notifications from Parkkr. These include parking session reminders and account alerts. Consent is not a condition of purchase (you can choose push notifications or in-app notifications as an alternative). Message frequency varies. Message and data rates may apply. 
• You can cancel the SMS service at any time. Just text "STOP" to the short code or long code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. Alternatively, just toggle off SMS messages in your account section on the app. If you want to join again, just opt-in in your account section on the app. If you are experiencing issues with the messaging program you can reply with the keyword "HELP" for more assistance, or contact support on the app.
• Opt-in information is NOT shared with any third-party entities.

ASSUMPTION OF RISK AND RELEASE OF LOT MANAGER LIABILITY: 

In consideration for being permitted to enter and use any parking lot managed by a Lot Manager and accessed via the Service, the User expressly acknowledges and agrees to the following, which shall apply to the Lot Manager, their employees, and agents:

• Assumption of Risk: The User acknowledges that parking and using parking facilities involves inherent risks, including, but not limited to, risks of vehicle damage, theft, vandalism, personal injury, and property loss, which may arise from the conditions of the parking facility, weather, traffic, or the acts of third parties, including the Lot Manager or their agents. The User voluntarily assumes all such risks.
• Release and Waiver: The User agrees to release, waive, discharge, and covenant not to sue the Lot Manager, their respective directors, officers, employees, and agents from all liability for any loss, damage, theft, claim, or demands for personal injury, property damage, or death on account of the User's use of the parking facility, whether caused by the ordinary negligence of the Lot Manager or otherwise, to the fullest extent permitted by applicable law.
• No Storage/Security Guarantee: The User acknowledges that the parking facility is not designed or intended for vehicle storage, and the Lot Manager makes no representation or warranty regarding the security or surveillance of the parking lot or any vehicle or property therein.

IV. PAYMENT AND FEE DISCLAIMER

• Payment Processing: Parkkr uses third-party payment processors to facilitate parking payments. Parkkr is not responsible for errors, delays, or security issues related to the processing of payments by these third parties.
• Pricing Errors: While Parkkr attempts to display accurate parking rate information provided by Lot Managers, Parkkr disclaims all liability for any pricing errors, discrepancies, or changes made by the Lot Manager. The final price is determined by the Lot Manager at the time of transaction.
• Parking Charges: You are responsible for all parking charges, fines, penalties, and taxes incurred through your use of the Service and the parking facility.

V. PARKING LOT MANAGER AGREEMENT (PLMA)

The terms in this Section V apply ONLY to any User who registers and uses the Service as a Parking Lot Manager ("Lot Manager"). These terms supplement the General Terms above.

5.1 Manager's Warranties and Representations

By registering as a Lot Manager, you warrant and represent to Parkkr that:

• Legal Authority: You have the full and valid legal authority, ownership, lease rights, or license necessary to operate, manage, set rates for, and enforce parking rules (including towing, ticketing, and fines) within every parking lot or space you list on the Service.
• Regulatory Compliance: Your operation of the parking lot(s) and your pricing practices comply with all local, state, federal, and international laws, codes, and regulations, including but not limited to, laws regarding accessible parking (e.g., ADA), business licensing, taxation, and consumer protection.
• Information Accuracy: All information you provide to Parkkr for display on the Service, including but not limited to, location data, hours of operation, parking rates, and enforcement policies, is accurate, current, and legally enforceable in your jurisdiction.
• Third-Party Claims: You are solely responsible for any and all claims, disputes, or actions brought against you by Users, vehicle owners, or third parties arising from the operation or physical condition of your parking facility, your pricing, or your enforcement actions.

5.2 Indemnification by Lot Manager

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Parkkr, its affiliates, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

• Any breach of your warranties and representations in Section 5.1.
• Any personal injury, property damage, or death occurring at a lot you manage.
• Any action taken by you or your agents (e.g., tow companies) related to parking enforcement, ticketing, or fines.
• Any claim that your operation of the lot violates any law or regulation.

5.3 Enforcement and Signage Obligation

The Lot Manager is solely responsible for ensuring adequate, legally compliant physical signage is posted at the lot, detailing:

• The terms of parking.
• The parking rates and payment methods.
• The rules for enforcement (e.g., towing, penalties).
• Contact information for the Lot Manager or the enforcement agent.

The Lot Manager agrees that no information provided by Parkkr's Service substitutes for mandatory physical signage or legal requirements.

5.4. Interest on Held Funds.

You acknowledge and agree that any funds held by the Company (including but not limited to account balances) may be placed in interest-bearing accounts. You agree that any interest or other earnings generated by these funds are the sole property of the Company. You waive any right or claim to such interest and agree that the Company is entitled to retain all such earnings as compensation for the administration and maintenance of your account and the Services provided.

5.5. Compliance with Laws.

The Lot Manager acknowledges that Parkkr is a technology provider and not a law firm. Any information provided by the Service is for informational purposes only and does not constitute legal advice or professional counsel. It is the Lot Manager’s sole responsibility to ensure that their use of the Service complies with all applicable laws. Lot Managers must make their own independent determination regarding legal requirements in their specific jurisdiction, including but not limited to mandatory physical signage, towing disclosures, parking rates, and enforcement protocols.

5.6 Account Maintenance and Termination: 

Parkkr reserves the right to suspend or terminate any Lot Manager account, in its sole discretion, for any breach of these Terms or for failure to meet platform performance standards. To maintain an active account, the aggregate gross revenue across all parking locations managed by a single Lot Manager must meet or exceed $20.00 USD per calendar month. Failure to meet this minimum revenue requirement for three (3) consecutive months may result in account deactivation and the removal of all associated lot listings. Parkkr will provide at least fifteen (15) days' notice via the registered email address prior to any termination under this performance clause.

VI. INTELLECTUAL PROPERTY

The Service, including its design, code, graphics, and all content provided by Parkkr, is the property of Parkkr and is protected by copyright, trademark, and other intellectual property laws. Parkkr grants you a limited, non-exclusive, non-transferable license to use the Service solely for its intended purpose.

VII. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

Parkkr expressly disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Parkkr makes no warranty that:

• The Service will meet your requirements.
• The Service will be available on an uninterrupted, timely, secure, or error-free basis.
• The results that may be obtained from the use of the Service will be accurate or reliable.
• The physical parking lot, its availability, or its condition will meet your expectations or legal requirements.

Notifications and User Responsibility: Notifications and alerts provided by the App are for convenience purposes only. We do not guarantee the delivery, accuracy, or timing of any notification. Notifications may fail to be sent or received due to technical issues, network connectivity, or third-party service failures. You are solely responsible for tracking the expiration of your parking session and ensuring compliance with all local parking regulations. You should not rely on the App as your primary means of time-keeping. Under no circumstances shall the Company be liable for any citations, fines, towing, impoundment, or other penalties resulting from your failure to receive a notification or your reliance on the App.

VIII. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PARKKR, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES, ARISING FROM YOUR USE OF THE SERVICE OR THE PARKING LOTS.

This limitation of liability applies even if Parkkr has been advised of the possibility of such damages.

Regardless of the foregoing, if Parkkr is found to be liable to you, Parkkr's total aggregate liability for all claims arising out of or related to these Terms or the Service shall not exceed the lesser of (a) One Hundred U.S. Dollars ($100.00) or (b) the total amount of fees you paid to Parkkr (excluding parking charges) in the twelve (12) months preceding the event giving rise to the claim.

IX. GENERAL INDEMNIFICATION (APPLICABLE TO ALL USERS)

You agree to defend, indemnify, and hold harmless Parkkr, its affiliates, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your breach of any provision of these Terms.
• Your use of the Service, including any data or content transmitted or received by you.
• Your parking of a vehicle at any facility accessed via the Service, including property damage or personal injury claims.

X. GOVERNING LAW AND DISPUTE RESOLUTION

10.1 Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Florida, U.S.A., without regard to its conflict of law principles.

10.2 Mandatory Binding Arbitration

You and Parkkr agree that any disputes, claims, or controversies arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, shall be settled by binding arbitration in Miami, Florida. The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

10.3 Class Action Waiver

YOU AND PARKKR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

XI. TERMINATION

Parkkr may terminate or suspend your account and deny access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

XII. GENERAL PROVISIONS

• Entire Agreement: These Terms constitute the entire agreement between you and Parkkr regarding the Service.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
• Assignment: You may not transfer or assign these Terms or any rights or licenses granted hereunder. Parkkr may assign its rights and obligations without restriction.

XIII. CHANGES TO THESE TERMS

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

XIV. CONTACT INFORMATION

If you have any questions about this Terms of Service, please contact us by submitting a contact us form available at www.parkkr.com, or by mailing us at Parkkr, 7901 4th St N STE 300, St. Petersburg, FL 33702.

By continuing to access or use our Service, you confirm your acceptance of these Terms, including the mandatory arbitration and class action waiver, and our Privacy Policy.