PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A BINDING ARBITRATION PROVISION, A CLASS ACTION WAIVER, A JURY TRIAL WAIVER, A LIMITATION OF LIABILITY, AND AN INDEMNIFICATION OBLIGATION THAT AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT AGREE TO EVERY PROVISION OF THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.
Introduction
These Terms and Conditions (the "Terms") are a binding agreement between you and ParkAI, Inc. ("ParkAI," "we," "our," or "us"), 3650 Coral Ridge Dr, Ste. 111, Fort Lauderdale, FL 33065, governing the ParkAI website, mobile app, kiosks, roadside hardware, and camera- and sensor-based enforcement systems (collectively, the "Services"). Every time you access or use the Services, in any manner and through any device, you affirm your acceptance of these Terms as then in effect. If you do not agree, your sole remedy is to discontinue use of the Services immediately.
The Services are made available to you as a convenience. ParkAI contracts with cities, counties, transit authorities, universities, and other government and private property clients ("Municipal Clients") to deploy the ParkAI platform; nothing in these Terms creates any obligation running from ParkAI to you beyond the limited license described in Section 2. ParkAI reserves every right not expressly and unambiguously granted to you.
1. Accounts
A. Eligibility and Account Creation. No one under eighteen (18) years of age may create an account or use the Services. You represent that all information you submit is accurate, current, and that you have full legal authority over any vehicle, license plate, and payment method you associate with your account. ParkAI may, in its sole and absolute discretion and without any obligation to do so, verify, reject, or condition any account.
B. Your Warranties and Sole Responsibility. You are solely responsible for the accuracy and currency of all account, vehicle, and payment data, regardless of whether it was entered manually or captured automatically. You bear all risk and all consequences, financial or otherwise, of any failure to keep this information current, including the continued automated issuance of citations against a plate you no longer control. ParkAI has no obligation to detect, flag, or correct any such failure on your behalf.
C. Suspension and Termination. ParkAI may suspend, restrict, or terminate your account or access to the Services at any time, for any reason or no reason, with or without notice, in its sole discretion. Termination does not relieve you of any payment obligation, indemnification obligation, or liability that accrued, or relates to conduct occurring, before termination. Sections 2, 3(C)–(E), 6 through 11 survive termination indefinitely.
2. Intellectual Property — Ownership, License, and Protection
A. Exclusive Ownership. All right, title, and interest in and to the Services, the Content (defined below), and all ParkAI technology — including without limitation all license-plate-recognition and computer-vision models, detection algorithms, training data, enforcement logic, source code, object code, APIs, databases, documentation, designs, trademarks, trade names, and the ParkAI brand (collectively, "Content") — is and will remain the sole and exclusive property of ParkAI and its licensors. Nothing in these Terms transfers any ownership interest to you. ParkAI's LPR models, detection thresholds, matching logic, and related technical processes constitute confidential trade secrets of ParkAI, and you acknowledge their trade-secret status by using the Services.
B. Extremely Limited License. Subject to strict, continuous compliance with these Terms, ParkAI grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable-at-will license solely to view the App or Site interface and pay for parking or manage a citation. No other use is authorized. This license terminates automatically and without notice upon any breach of these Terms, any suspicious or fraudulent activity on your account, or at ParkAI's convenience.
C. Absolute Prohibitions. You will not, and will not permit or assist any third party to: (i) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, models, training data, or underlying methods of any part of the Services; (ii) probe, scan, or test the Services for vulnerabilities, or attempt to circumvent, defeat, spoof, or degrade the accuracy of any LPR, sensor, or payment-matching system; (iii) scrape, harvest, mine, or systematically extract data from the Services; (iv) use the Services to build, train, or improve a competing product or service; (v) remove, obscure, or alter any proprietary notice; or (vi) use any ParkAI trademark, trade dress, or brand asset without prior written consent of an officer of ParkAI. Any violation of this Section 2(C) constitutes irreparable harm to ParkAI for which monetary damages are an inadequate remedy, entitling ParkAI to seek immediate injunctive relief in any court of competent jurisdiction — a right that survives and is carved out of the arbitration agreement in Section 7 — in addition to all other remedies at law, including recovery of ParkAI's attorneys' fees and costs incurred in enforcement.
D. Feedback and Submissions. If you submit any suggestion, idea, correction, or other feedback regarding the Services ("Feedback"), you irrevocably assign to ParkAI all right, title, and interest in that Feedback, including all intellectual property rights, without any compensation, attribution, or further obligation to you, and you waive any moral rights therein to the fullest extent permitted by law.
E. Aggregated and De-identified Data. ParkAI owns all aggregated, de-identified, and derivative data generated from your use of the Services (including LPR Data once de-identified), and may use, exploit, license, and commercialize such data without restriction or compensation to you.
3. Parking Sessions, Payments, and Automated Enforcement
A. Payment Obligation. You are solely responsible for correctly initiating and paying for every parking session. ParkAI makes no representation that the App, kiosk, or any interface accurately reflects every restriction, rate, or rule at a given location; posted signage and the Municipal Client's own rules always control, and your reliance on the Services in lieu of independently confirming local rules is at your sole risk.
B. Automated Enforcement. Where a Municipal Client has deployed LPR- or camera-based enforcement, ParkAI's systems will detect unpaid or expired sessions and may automatically generate a citation on the Municipal Client's behalf. ParkAI does not warrant the accuracy of LPR detection and disclaims all liability for any citation, however caused, including citations resulting from a misread plate, a system malfunction, or your own failure to maintain accurate account information. Any dispute regarding the substantive validity of a citation lies solely between you and the issuing Municipal Client; ParkAI's sole role is as the Municipal Client's technology vendor, and ParkAI has no duty to investigate, mediate, waive, or refund any citation.
C. Fees Are Final. All amounts charged through the Services — parking fees, citation payments, and any ParkAI convenience fee — are final and non-refundable once submitted, except where ParkAI, in its sole and unreviewable discretion, determines a refund is warranted. Disputing a charge with your card issuer while this dispute-resolution process remains unresolved is itself a breach of these Terms, and ParkAI may recover the disputed amount, plus its costs of collection and attorneys' fees, from you directly.
D. No Warranty of System Availability. ParkAI does not guarantee that the App, kiosk, or payment system will be available at the time you need to pay, and you remain obligated to pay for parking through any other means made available by the Municipal Client if the Services are unavailable. Unavailability of the Services is never a defense to a citation.
4. Notices
Notices to ParkAI must be sent in writing to ParkAI, Legal Department, 3650 Coral Ridge Dr, Ste. 111, Fort Lauderdale, FL 33065, or legal@parkai.com, and are not effective until actually received. ParkAI may provide any notice to you by posting on the Site, which is effective immediately upon posting regardless of whether you view it.
5. Communications Consent
By providing any phone number or email address, you expressly consent to receive calls, texts (including autodialed and prerecorded), and emails from ParkAI regarding your account, sessions, and citations, and you represent and warrant that you are the current subscriber of any number you provide. This consent is a condition of using the Services and may not be revoked as to transactional communications for so long as you maintain an account or an unresolved citation.
6. Indemnification
You agree, at your sole expense, to defend, indemnify, and hold harmless ParkAI, its affiliates, and each of their respective officers, directors, employees, contractors, licensors, and agents (collectively, "Indemnitees") from and against any and all claims, demands, losses, liabilities, damages, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys' fees), whether or not a lawsuit is filed, arising out of or related in any way to: (a) your access to or use of the Services; (b) your breach of any provision of these Terms; (c) your violation of any law or third-party right, including any parking regulation; (d) any citation issued in connection with your account or a vehicle linked to it; or (e) any content or information you submit. This indemnification obligation applies regardless of whether the underlying claim also alleges fault, negligence, or breach of duty on the part of an Indemnitee, except to the extent a claim is based solely and exclusively on an Indemnitee's finally-adjudicated gross negligence or willful misconduct with no contribution from any act or omission of yours. ParkAI retains the exclusive right, in its sole discretion, to control the defense and settlement of any indemnified claim, and you must cooperate fully at your own expense.
7. Dispute Resolution — Mandatory Arbitration and Class Action Waiver
READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH PARKAI ON AN INDIVIDUAL BASIS AND WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.
A. Informal Resolution — Condition Precedent. Before commencing any arbitration, you must send written notice of the dispute to ParkAI at the address in Section 4 and allow sixty (60) days for informal resolution. Failure to satisfy this condition precedent is grounds for dismissal or stay of any arbitration you file.
B. Binding Individual Arbitration. Except for (i) ParkAI's claims for injunctive relief under Section 2(C), (ii) qualifying small-claims matters, and (iii) collection of amounts you owe ParkAI (which ParkAI may pursue in any court of competent jurisdiction at its election), every dispute arising out of or relating to the Services or these Terms will be resolved exclusively by binding, confidential, individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitrator, not any court, has exclusive authority to resolve any dispute over the interpretation, applicability, or enforceability of this arbitration agreement, except that the class-action-waiver in Section 7(C) may only be invalidated by a court, never by an arbitrator.
C. Class Action and Jury Trial Waiver. YOU AND PARKAI EACH WAIVE ANY RIGHT TO A JURY TRIAL AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Claims may be brought only in an individual capacity. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in the courts identified in Section 7(D), and every other claim remains subject to individual arbitration.
D. Venue and Governing Law. These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles, and without application of the United Nations Convention on Contracts for the International Sale of Goods. Any matter properly before a court will be brought exclusively in the state or federal courts located in Broward County, Florida, and you irrevocably consent to that exclusive jurisdiction and venue and waive any objection based on inconvenient forum.
E. Limitations Period. Any claim arising out of or relating to the Services or these Terms must be commenced within six (6) months after the claim accrues or it is permanently and irrevocably barred, notwithstanding any longer statute of limitations that might otherwise apply, to the fullest extent permitted by law.
F. Fees. Each party bears its own attorneys' fees and costs in any arbitration or proceeding, except that ParkAI is entitled to recover its attorneys' fees and costs in full if it prevails on any claim, and except as otherwise provided in Section 2(C).
8. Disclaimer of Warranties
THE SERVICES, AND EVERY COMPONENT OF THE SERVICES INCLUDING ALL LPR, PAYMENT-MATCHING, AND CITATION FUNCTIONALITY, ARE PROVIDED STRICTLY "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. PARKAI EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, TO THE MAXIMUM EXTENT PERMITTED BY LAW. PARKAI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT ANY DETECTION OR CITATION WILL BE ACCURATE. YOU ASSUME ALL RISK OF USING THE SERVICES.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) PARKAI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, HOWEVER ARISING, EVEN IF PARKAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; AND (B) PARKAI'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES, HOWEVER ARISING AND UNDER WHATEVER THEORY OF LIABILITY, WILL NOT EXCEED THE LESSER OF (I) THE CONVENIENCE FEES (EXCLUDING PARKING FEES AND CITATION AMOUNTS PAID TO A MUNICIPAL CLIENT) YOU PAID DIRECTLY TO PARKAI IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) FIFTY DOLLARS ($50). THESE LIMITATIONS APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS ARE DEEMED INADEQUATE. YOU IRREVOCABLY WAIVE, TO THE EXTENT PERMITTED BY LAW, ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF AGAINST PARKAI.
Some jurisdictions do not permit certain of these limitations, in which case the limitation applies to the maximum extent that jurisdiction allows.
10. Changes to These Terms; No Obligation to Continue Service
ParkAI may amend these Terms at any time by posting the revised version on the Site, effective immediately upon posting unless a later date is specified. Your continued use of the Services after any change is your binding acceptance of the revised Terms; if you do not accept a change, your sole remedy is to stop using the Services. ParkAI may discontinue the Services, or any feature, in whole or in part, at any time without liability to you.
11. General Provisions
A. Entire Agreement; No Reliance. These Terms (together with the Privacy Policy) are the entire agreement between you and ParkAI regarding the Services and supersede all prior agreements and representations. You acknowledge that you have not relied on any representation not expressly set out in these Terms.
B. Assignment. ParkAI may assign, transfer, or delegate these Terms or any rights or obligations hereunder, in whole or in part, at any time and without notice or your consent, including in connection with a merger, acquisition, financing, or sale of assets. You may not assign or delegate any right or obligation under these Terms without ParkAI's prior written consent, and any attempted assignment in violation of this Section is void.
C. No Waiver. No failure or delay by ParkAI in exercising any right under these Terms operates as a waiver, and no single or partial exercise of any right precludes any other or further exercise of it. Any waiver by ParkAI must be express and in writing signed by an officer of ParkAI to be effective.
D. Severability and Reformation. If any provision of these Terms is held invalid or unenforceable, that provision will be reformed to the minimum extent necessary to make it enforceable while preserving its original intent and, if it cannot be so reformed, will be severed, and the remainder of these Terms will continue in full force and effect.
E. Export Controls; Compliance. You will comply with all export control, sanctions, and anti-corruption laws applicable to your use of the Services and represent that you are not located in, or a national of, any country subject to U.S. embargo, and are not on any restricted-party list.
F. Interpretation. Headings are for convenience only. "Including" means "including without limitation." Any ambiguity will not be construed against ParkAI as drafter, and you waive any statutory or common-law rule to that effect.
G. Municipal and Third-Party Rules. Additional rules imposed by a Municipal Client or property owner apply in addition to, and to the extent of any conflict specific to a location control over, these Terms, but nothing in a Municipal Client's rules expands ParkAI's liability or narrows any protection afforded to ParkAI under these Terms.
Questions may be directed to info@parkai.com or 888-803-0010; ParkAI is under no obligation to respond.