Terms of Service

1. Acceptance of Terms

By accessing or using the website, software platform, QR code payment checkout, APIs, or mobile tools provided by ParkingBreeze LLC ("ParkingBreeze", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to all terms and conditions, you must immediately discontinue using the Platform.

If you are registering an operator account or using our platform on behalf of a company, municipality, or legal entity, you represent and warrant that you possess the full legal authority to bind that entity to these Terms.

2. Platform Services Description

ParkingBreeze provides cloud-based software that facilitates contactless parking payments, dynamic rate calculations, digital receipt delivery, automated enforcement manifests, and facility revenue reporting. ParkingBreeze is a technology software provider and does not own, manage, patrol, secure, or operate the physical parking facilities unless explicitly stated in a dedicated corporate management agreement.

3. Terms & Conditions for Drivers

When you scan a ParkingBreeze QR code or initiate a parking session at any participating parking location, you agree to the following conditions:

• Mandatory Payment: You must purchase an active parking session immediately upon parking your vehicle in a designated stall or zone. Parking without payment constitutes unauthorized parking subject to civil violation fees, immobilization (booting), or towing at your expense.
• Accurate Vehicle Information: You are solely responsible for accurately entering your complete vehicle license plate number and state/jurisdiction. If you mistype your license plate number, you must correct it via the digital receipt interface within 10 minutes or notify customer support immediately. ParkingBreeze and lot operators are not liable for citations resulting from driver clerical errors.
• Expiration & Overstay: Your authorized parking window expires precisely at the timestamp shown on your digital confirmation screen. It is your responsibility to monitor session duration or extend your parking session prior to expiration.
• Prohibited Conduct: You agree not to obscure, tamper with, deface, or affix fraudulent QR stickers to facility signage, nor use automated scripts, bots, or scrapers to access the payment interface.

4. Terms & Conditions for Parking Operators

Parking operators, landlords, property managers, and event hosts who create an administrative account agree to:

• Legal Authority: You represent and warrant that you hold lawful possession, leasehold rights, or documented commercial agency to manage parking and collect revenue at every listed facility.
• Transparent Rate Signage: You agree to display visible, accurate rate schedules, terms, and clear parking conditions at facility entrances in full compliance with municipal signage ordinances.
• Enforcement Good Faith: You agree to honor the platform’s configured grace periods (minimum 10-minute industry standard) and verify the live digital patrol manifest before dispatching immobilization or towing services.
• Tax & Compliance: You are responsible for configuring and remitting all applicable local parking occupancy taxes, state sales taxes, and municipal surcharges applicable to your jurisdiction.

5. Billing, Fees & Stripe Connect Settlement

Financial transactions processed on ParkingBreeze are governed by the following billing rules:

• Direct Merchant Settlement: Operators connect their bank accounts directly via Stripe Connect. Gross parking fees (less agreed SaaS software fees and credit card processing interchange) are deposited on a rolling daily disbursement schedule directly into the operator’s designated bank account.
• SaaS Subscription Fees: Software subscription tiers (Starter, Professional, Enterprise) are billed monthly or annually in advance and are non-refundable once the billing cycle commences.
• Refunds & Disputes: Operators have complete discretion to issue partial or full driver refunds directly from their management dashboard. In the event of a customer credit card chargeback, the operator is responsible for providing parking verification records; chargeback fees assessed by card networks are passed through to the operator.

6. Enforcement, Violations & Towing Disclaimers

ParkingBreeze provides real-time software records indicating whether a license plate holds an active paid session. However:

• ParkingBreeze does not physically issue citations, install wheel clamps/boots, or dispatch tow trucks. Physical enforcement actions are executed entirely by the independent parking operator, commercial security guards, or licensed third-party towing contractors.
• Any disputes regarding towing fees, impound charges, or parking citations issued on physical premises must be resolved directly with the facility operator or local towing company identified on on-site posted signage.

7. Disclaimers & Limitation of Liability

"AS IS" Software Warranty: The platform is provided on an "as-is" and "as-available" basis. To the maximum extent permitted by applicable law, ParkingBreeze disclaims all express or implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

Property & Vehicle Disclaimer: ParkingBreeze is not a bailee of vehicles parked at participating locations. ParkingBreeze assumes zero responsibility or liability for vehicular damage, theft, burglary, mechanical breakdowns, vandalism, weather incidents, collisions, or personal injury occurring on or near any parking premises.

Cap on Liability: Under no circumstances shall ParkingBreeze LLC, its officers, directors, or employees be liable for indirect, incidental, special, consequential, or punitive damages. Our aggregate liability arising out of or related to these Terms shall not exceed the total fees paid by you to ParkingBreeze during the three (3) months immediately preceding the event giving rise to liability.

8. Intellectual Property

The ParkingBreeze platform, software architecture, user interfaces, documentation, trade secrets, logos, and QR routing algorithms are the sole and exclusive intellectual property of ParkingBreeze LLC. You may not reverse engineer, decompile, disassemble, copy, or redistribute any portion of our software without prior express written authorization.

9. Termination & Suspension

ParkingBreeze reserves the right to immediately suspend or terminate access to any driver or operator account that engages in fraud, payment abuse, unauthorized manipulation of signage, breach of local laws, or violation of these Terms. Operators may terminate their subscription at any time via the billing portal with 30 days written notice.

10. Governing Law, Dispute Resolution & Mandatory Arbitration

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

Mandatory Individual Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms or the Platform shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall take place in Austin, Travis County, Texas.

Class Action Waiver: You and ParkingBreeze agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. Neither party will seek to have any dispute heard as a class action, representative action, or collective proceeding.

11. Legal Notices & Inquiries

Official legal notices regarding these Terms or commercial disputes must be served in writing to: