Terms of Service

1. Acceptance of these Terms

By accessing or using Park Graph ("Platform," "we," "us") you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, Cookie Policy, Refund & Cancellation Policy, and Acceptable Use Policy. If you do not agree, do not use the Platform. Every account, on every plan including the free plan, must explicitly accept these Terms before using the Platform; acceptance is logged with timestamp, version, IP address, and the user agent of the browser used to accept.

2. Definitions

• "Owner" — A person or entity that lists a parking facility on Park Graph.
• "Driver" — A person who uses Park Graph to pay for parking.
• "Developer" or "Integrator" — Anyone who uses our API, agency partners, and third-party tooling that consumes Park Graph data or actions.
• "Lot" — A parking facility listed on the Platform.
• "Session" — A single parking transaction between a Driver and a Lot.

3. The service is provided AS IS

The Platform is provided strictly on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express or implied, including but not limited to: warranties of merchantability, fitness for a particular purpose, accuracy, completeness, reliability, uptime, freedom from interruption, security, non-infringement, or that the Platform will satisfy any legal, tax, regulatory, accessibility, or insurance requirement of your jurisdiction. We do not warrant that the Platform, any QR code, any sign, or any third-party service will be free of errors. We may add, remove, change, or discontinue features (including pricing tiers and the free plan) at any time, with reasonable notice for paid plans.

4. Limitation of liability — $100 aggregate cap

To the maximum extent permitted by law, Park Graph's total aggregate liability — to any single account, AND across every account combined, AND to any one person ever — is capped at United States dollars one hundred ($100), regardless of theory.

This cap applies whether the claim is in contract, tort (including negligence), strict liability, statute, fraud, misrepresentation, breach of warranty, breach of fiduciary duty, or any other legal or equitable theory, and whether or not we were advised of the possibility of the loss.

The cap covers, without limitation: direct, indirect, incidental, special, consequential, punitive, and exemplary damages; lost profits, lost revenue, lost business opportunities, lost goodwill, lost or corrupted data, business interruption, cost of substitute services; chargebacks, payment disputes, refunds, fees and fines from card networks or payment processors; reputational harm; emotional distress; personal injury, property damage, or wrongful death (except where such limitation is prohibited by law); and attorneys' fees and litigation costs. The $100 cap is the entire pool available to all claimants, not a per-claim or per-account amount.

One-way carve-out for the user's own fraud or willful misconduct. The $100 cap protects Park Graph in every direction. It does not shield an Owner, Driver, Developer, or Integrator from liability for that person's own fraud, willful misconduct, intentional misrepresentation (including misrepresenting lot ownership or authority to operate a lot), or unlawful activity. Park Graph's right to recover indemnification from a user who commits any of the foregoing is not capped at $100, even though Park Graph's liability to you remains capped at $100.

5. Identity Verification (Stripe Identity)

To prevent fraud, abuse, and unauthorized listings, Park Graph requires identity verification for Owners, and may require it for Drivers when our risk systems flag a session, account, or payment instrument. Identity verification is performed by Stripe Identity and is governed by Stripe's Identity Verification Terms and Privacy Policy.

By using Park Graph you authorize us to (i) collect from you, and transmit to Stripe, the personal information needed to complete the verification — including a government-issued photo ID, a selfie or live image, name, date of birth, address, and other identifying details Stripe requires; (ii) receive the verification result, risk signals, and a redacted record of the documents you submitted; and (iii) retain those verification results for as long as required for fraud prevention, regulatory compliance, dispute defense, and our legitimate business interests.

Owners must complete identity verification before they can receive payouts, list new lots, or change payout banking details. Drivers prompted to verify must do so before the associated session is allowed to proceed or the disputed payment is refunded. Failure or refusal to complete verification is grounds for immediate denial of service, account suspension, withholding of pending payouts, and, where applicable, refund of the affected Driver. We may re-run verification at any time during the life of the account if new risk signals appear.

6. Lot Ownership Representation & Warranty

Owners must own or be authorized to operate every lot they list. There are no "just-trying-it-out" exceptions.

By listing a Lot on Park Graph, the Owner represents and warrants, on a continuing basis for as long as the Lot is listed, that:

1. the Owner either holds fee-simple title, a current lease, a current management contract, or other written authority from the legal owner of the real property to operate the Lot for paid parking;
2. the Owner has the legal right to charge for parking on the Lot, to enforce parking rules on the Lot (including towing, booting, or other remedies), and to receive payments from Drivers who park on the Lot;
3. the Owner's listing is accurate and not misleading as to location, capacity, posted rates, hours, restrictions, or enforcement; and
4. the Owner is not subject to a court order, settlement, regulatory action, or written demand prohibiting the Owner from operating the Lot.

The Owner is solely liable for any and all damages, losses, refunds, chargebacks, fines, regulatory penalties, towing reversals, attorneys' fees, and other costs arising from any listing that breaches this representation — whether the breach is intentional, reckless, or merely negligent. Park Graph is not the operator of the Lot, does not independently verify title or lease documents, and does not insure parking on the Lot. We may, but are not obligated to, request supporting documentation at any time, and may suspend or remove a listing pending production of that documentation.

7. Payout Holds, Reversals, and Clawbacks

First-payout hold. An Owner's first payout from Park Graph is subject to a hard hold of seven (7) days after the funds become eligible for payout. The hold is applied to the first payout only and gives our risk systems and Stripe time to detect fraud, stolen-card use, and ownership disputes before funds leave our control. The seven-day clock starts when the first eligible payout is queued, not when the underlying parking session ends. We may extend the hold for the same payout if a fraud investigation, chargeback inquiry, or ownership challenge is open at the seven-day mark.

Extended holds. We may, at our sole discretion, extend the hold on any payout (first or subsequent) — or pause all payouts to an Owner — while we, Stripe, a card network, an issuing bank, a regulator, or law enforcement investigates suspected fraud, suspected unauthorized listing, suspected stolen-card use, an unusual chargeback rate, an open dispute over lot ownership, or a request for documentation under Section 6. We will give the Owner notice of the extended hold and a chance to respond, but we are not required to release funds until the investigation is resolved to our reasonable satisfaction.

Reversals and clawbacks. The Owner agrees that Park Graph and Stripe may reverse, withhold, debit, or claw back, from any account balance, pending payout, future payout, or connected bank account, the full amount of any session — and any related fees, fines, attorneys' fees, and chargeback costs — that is shown, on a more-likely-than-not standard, to involve any of the following: (i) payment fraud, including the use of a stolen, lost, or unauthorized card; (ii) a chargeback that we lose, abandon, or do not contest in our reasonable judgment; (iii) misrepresentation of lot ownership or authority to operate the Lot under Section 6; (iv) collusion between an Owner and a Driver or third party; or (v) any violation of these Terms, our Acceptable Use Policy, or applicable law that materially affects the legitimacy of the funds.

Insufficient balance. If the amount we are entitled to claw back exceeds the Owner's available balance and pending payouts, the Owner remains personally liable for the deficit, and authorizes Park Graph and Stripe to debit the Owner's connected bank account for the remaining amount, subject to applicable law and Stripe's connected account terms.

8. Indemnification by Owners, Developers, Integrators, and Agency Partners

If you are an Owner, Developer, Integrator, agency partner, or API consumer, you agree to fully indemnify, defend, and hold harmless Park Graph and its founders, officers, employees, contractors, affiliates, successors, and assigns ("Indemnitees") against any and all claims, demands, actions, suits, judgments, settlements, losses, damages, fines, penalties, regulatory action, taxes, interest, and reasonable attorneys' fees and litigation costs arising out of or related to:

1. parking transactions on or near your lot, including parking events you cancelled, refused, over-charged, under-charged, or failed to honor;
2. signage, QR codes, surge pricing, peak / weekend multipliers, posted rates, or operating hours that you configured, requested, or printed;
3. chargebacks, payment disputes, ACH reversals, fraudulent payments, or failed payouts on your account, and any card-network or processor fines;
4. personal injury, property damage, or wrongful death on, near, or in connection with your lot — including towing, booting, immobilization, slip-and-fall, vehicle break-ins, theft, vandalism, weather damage, snow / ice / flood / fire, collisions, EV-charger incidents, lighting, security, pedestrian incidents, attendant misconduct, and valet incidents;
5. tax miscalculation, under-collection, mis-remittance, or failure to register or file in any jurisdiction;
6. violations of municipal, state, federal, tribal, or international parking, zoning, traffic, environmental, ADA, GDPR, CCPA, CPRA, PIPEDA, PCI-DSS, or consumer-protection laws;
7. discrimination, harassment, civil-rights, or accessibility claims by any driver, employee, contractor, neighbor, or member of the public;
8. employment, wage-and-hour, classification, or independent-contractor claims by your staff, attendants, or valets;
9. data breaches, credential theft, unauthorized access, or data loss caused by your downstream systems, vendors, staff, devices, or integrations;
10. misuse of the API, agent endpoints, or admin tooling — including rate-limit evasion, scraping, scripted abuse, or use outside the documented contract;
11. any content, photo, claim, rate, description, or communication you submitted or sent through Park Graph;
12. any fraudulent, unauthorized, or misrepresented listing, including, without limitation, any third-party claim brought by:
    • the actual legal owner, lessee, or manager of the underlying real property (e.g. a claim that you listed a lot you did not own or were not authorized to operate, including listings created by placing a Park Graph QR on a lot belonging to someone else);
    • any Driver who paid for parking based on a listing you misrepresented and who suffered towing, booting, enforcement, refunds, or other damages as a result;
    • any card issuer, card network, payment processor, acquiring bank, or insurer pursuing chargebacks, fines, network penalties, or recovery of fraudulent charges associated with the listing;
    • any municipality, regulator, attorney general, or consumer-protection authority pursuing penalties for the listing;
13. any third-party claim that any of the foregoing caused harm — even if the claim turns out to be unfounded.

We may, at our option, assume the exclusive defense and control of any matter you are obligated to indemnify, and you agree to cooperate with our defense. The $100 limitation in Section 4 does not cap the amount you owe Park Graph under this Section 8 when the claim arises from your own fraud, willful misconduct, intentional misrepresentation, or unauthorized listing.

9. Driver-side acknowledgments

Drivers acknowledge that lot conditions, enforcement decisions, posted rates, surge multipliers, towing, and on-site safety are set and controlled by the Owner. Park Graph is a payment, messaging, and signage facilitator only and does not own, operate, attend, or insure any lot. Drivers further acknowledge that, when our risk systems flag a session, account, or payment instrument, Park Graph may require the Driver to complete a Stripe Identity check under Section 5 before the session is allowed to proceed or a refund is issued.

10. Mandatory arbitration — no class actions — 30-day opt-out

Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved exclusively by individual binding arbitration administered by JAMS under its Streamlined Arbitration Rules, in Wilmington, Delaware (or by remote hearing). The arbitrator's decision is final and binding. You and Park Graph each waive the right to a jury trial and the right to participate in any class, collective, consolidated, or representative action, including any private-attorney-general action.

30-day opt-out: You may opt out of this arbitration clause by emailing legal@parkgraph.com with the subject "Arbitration Opt-Out" within 30 days of first accepting these Terms. Opting out does not affect any other provision.

11. Governing law and venue

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-laws principles. Any matter not subject to arbitration shall be brought exclusively in the state or federal courts located in Wilmington, Delaware, and you consent to personal jurisdiction and venue there.

12. Termination and suspension

Park Graph may suspend, restrict, or terminate any account at any time, with or without notice, for any reason or no reason — including non-payment, suspected fraud or abuse, failure or refusal to complete identity verification under Section 5, breach of the lot ownership representation in Section 6, violation of these Terms, regulatory or processor request, or our decision to discontinue the service or a region. On termination, your right to use the Platform immediately ends. Sections that by their nature should survive termination (including liability cap, indemnification, payout holds and clawbacks, identity verification record-keeping, arbitration, disclaimers, and governing law) will survive.

13. Third-party processors

We use third-party providers to operate the Platform — including Stripe (payments, Connect payouts, and Stripe Identity verification), Supabase (database and auth), Resend and AgentMail (email), Twilio (SMS), Anthropic, OpenAI, Google, and other AI providers (chat, recommendations, summaries), Cloudflare and AWS (infrastructure), and others as we add them. Your use of the Platform is also subject to those providers' terms.

14. Force majeure

We are not liable for any delay or failure caused by events outside our reasonable control, including acts of God, outages by upstream providers (Stripe, Supabase, AWS, Cloudflare, Twilio, Resend, AI providers, telecom carriers), cyberattacks, internet outages, network congestion, denial of service, war, terrorism, civil unrest, government action, labor disputes, pandemic, embargoes, or natural disasters.

15. Changes to these Terms

We may update these Terms at any time. Material changes are indicated by bumping the version constant. Continued use after the new version is posted constitutes acceptance, and we will re-prompt logged-in Owners to acknowledge the new version before they can use any owner write feature.

16. Contact

Legal notices: legal@parkgraph.com. Privacy questions: see our Privacy Policy.