1. Agreement to these terms
These Terms of Service ("Terms") are a legal agreement between you and Park Here Canada Inc. ("ParkHere", "we", "us"), an Ontario corporation. They govern your use of parkhere.ai, the ParkHere platform, and everything we provide through them (the "Services").
By creating an account, by using the Services, or by ticking a box that says you accept these Terms, you agree to them. If you do not agree, do not use the Services.
If you are agreeing on behalf of a property management company, a condominium corporation, a homeowners association or any other organisation, you confirm you have authority to bind that organisation, and "you" means that organisation.
2. Definitions
"Client" means the property management company, condominium corporation, homeowners association, landlord or lot owner that subscribes to the Services for one or more Properties.
"Manager" means a person a Client's account owner adds to the Client's ParkHere account to help administer its Properties.
"Property" means a building, community or parking lot a Client administers through ParkHere.
"Resident" means a person who claims a unit at a Property and uses ParkHere to register vehicles and approve guests.
"Visitor" means a person who requests a parking pass or pays for metered parking at a Property.
"End User" means a Resident or a Visitor.
"Location Code" means the six-character code ParkHere issues to a Client for one or more of its Properties and that the Client prints on the parking signs there. Visitors, Residents and Patrol Officers type it to reach those Properties.
"Patrol Officer" means a person a Client authorises to check vehicles at its Properties through ParkHere.
"Service Provider" means a patrol, enforcement or towing company a Client engages and lists in ParkHere.
3. Who these terms apply to
These Terms apply to Clients and to End Users, but not identically.
Clients agree to all of these Terms, including the sections on the free trial, fees, billing and cancellation. A Client is responsible for its Managers, Patrol Officers and Service Providers, and for their use of the Services.
ParkHere does not charge End Users for a Resident account or for the visitor passes a Property includes. Where a Property charges for metered parking or for extra visitor passes, the End User pays the Property, as section 10 describes. Sections 8, 9 and 11 do not apply to End Users.
A Property's parking rules are set by the Client, not by ParkHere. ParkHere provides the software and keeps the record. It does not write, decide or enforce a Property's parking rules.
4. Privacy
Our Privacy Policy at parkhere.ai/privacy-policy explains what personal information we collect and how we handle it. It forms part of these Terms.
5. Eligibility and accounts
You must be at least 16 to use the Services.
Residents, Visitors and Patrol Officers sign in with a Canadian mobile phone number and a one-time code sent by text message. These accounts have no password. You are responsible for the security of the phone number and device you use to sign in, and for activity through your account. Tell us at [email protected] if you believe someone else has access to it.
A Client's account owner creates the Client's account with an email address and a password, or with a Google or Microsoft sign-in. The owner may add Managers, who receive a temporary password by email and choose their own the first time they sign in. The Client is responsible for who it gives access to, for keeping passwords confidential, and for removing access when someone leaves.
6. The Services
ParkHere provides software for managing parking at residential, metered and commercial properties. Depending on the plan this includes Resident registration, visitor pass requests and approvals, passes issued by a Client's staff, metered parking payments, plate checks by Patrol Officers, tow requests to a Client's Service Provider, and a portal through which Clients administer their Properties.
A Visitor requests a pass by entering a Property's Location Code, choosing the unit they are visiting and entering their licence plate. The Resident of that unit approves or declines the request; a request that is not answered within 5 minutes expires. An approved request becomes a timed pass with its own pass code. Metered parking needs no approval: the driver enters the Location Code, chooses the number of hours and pays. Patrol Officers see which plates hold a valid pass at a Property.
We may add, change or remove features. Where we remove a feature a Client relies on, we will give reasonable notice.
7. Text messages (our SMS terms)
This section is our SMS terms.
ParkHere sends text messages for one purpose: the one-time code used to sign in. The messages are sent by Park Here Canada Inc.. We send no other text messages, and no marketing or promotional messages of any kind.
You consent to receive these messages by ticking the box on the sign-in screen when you request a code. That box also records your acceptance of these Terms and of our Privacy Policy. Consent to receive text messages is not a condition of any purchase, and no Client subscription depends on any individual consenting. Text message sign-in is currently the only way an End User can access a ParkHere account, so declining consent means you will not be able to sign in.
You will receive one message each time you request a sign-in code. Sign-in is available to Canadian mobile numbers.
Message and data rates may apply, depending on your mobile plan. ParkHere does not charge you for these messages.
To stop receiving messages, reply STOP to any message. STOP is the recognised opt-out keyword. We will send one confirmation message and then stop. Reply START to re-enrol at any time. For help, reply HELP to any message, or email [email protected].
Mobile carriers are not liable for delayed or undelivered messages.
We may update this section. Continuing to sign in by text message after an update means you accept it.
8. Free trial
A new Client may start one 30-day free trial.
The trial begins when the Client's account owner saves a payment card in the Billing area of the client portal, not when the account is created. Nothing is charged when the card is saved and nothing is charged during the trial.
The trial covers up to 25 residential units and up to 25 metered spaces, with the same features a paying Client receives. Commercial properties are set up with our team after the trial. During the trial your plan follows what you have listed, up to those limits.
A reminder is emailed before the trial ends. On the day after the trial ends your card is charged for the units and spaces you have listed at that time, plus applicable tax, and your plan continues month to month under section 9.
You may end the trial at any time before then from the Billing area: choose Cancel subscription, then End Trial. The trial ends immediately, nothing is charged, your Properties are deactivated and nothing you have set up is deleted. You may subscribe later.
One free trial is available per Client, payment card and email address. A second free trial is not available.
9. Fees, billing and payment
Current prices, in Canadian dollars plus applicable tax:
- Residential: $1.99 per unit per month
- Metered: $0.99 per space per month
- Commercial: $9.99 per property per month
There are no setup fees, no long-term contracts and no auto-renewing term. Plans are month-to-month.
You are charged monthly, on the same date each month, for the number of residential units, metered spaces and commercial properties in the plan you set in the Billing area. The plan must cover the Properties you have listed. You can raise or lower it at any time in Billing, and a change during a billing month is prorated.
Payments are processed by Stripe. By providing a payment card you authorise us, through Stripe, to charge it for amounts due. ParkHere does not store card numbers. We keep the card's last four digits, its brand and a Stripe reference, and a card fingerprint used only to apply the one-trial rule.
Service fee on payments to Properties. Metered parking and extra visitor pass payments are made to the Client's own Stripe account (section 10). ParkHere deducts a service fee of 10% of each such payment, including any tax collected, before the balance settles to the Client.
We may change prices. We will give Clients at least 30 days' notice before a change takes effect, and you may cancel before it does.
If a payment fails, Stripe retries it, and we may pause the Services until it succeeds.
10. Payments by Residents and Visitors
A Client may set a price for metered parking at a Property, and a price for extra visitor passes once a unit's included passes for the month are used. Those prices, and any tax on them, are set by the Client and are shown to you before you pay.
When you pay, the charge is made by the Property, through Stripe, to the payment card you have saved in ParkHere. Metered parking is charged by the hour for the time you choose. An extra visitor pass is charged to the Resident who approves the request, not to the Visitor.
ParkHere does not issue refunds for these payments. Questions about a charge go to the Property's management, or to [email protected] if you cannot reach them.
You can remove your saved card at any time from the Billing area of your ParkHere account.
11. Cancellation and termination
A Client may cancel at any time from the Billing area of the client portal. Cancellation takes effect immediately: the subscription ends, the Client's Properties are deactivated, and Residents and Visitors can no longer request passes, claim units or buy metered parking at them. Passes already issued run until they expire. We do not refund or credit the remainder of a month already paid. You may resubscribe at any time, and your Properties, Residents and records are kept in the meantime.
During a trial, use Cancel subscription and then End Trial. The trial ends immediately and nothing is charged.
A Client's account owner may close the account from Account, then Delete account, in the client portal. Closing an account cancels the subscription immediately, removes the saved card, and permanently removes the account's Properties, Location Codes, passes, Managers, Patrol Officers and Service Providers. We keep a record of the closed account and its financial records as our Privacy Policy describes.
We may suspend or terminate access if you materially breach these Terms, if payment fails and is not resolved, or if we are required to by law.
Before we terminate a Client's account we will notify the Client and tell them the reasons. Where the reason is something the Client can put right, we will say what that is and give them the opportunity to do so.
On termination, and while a Client's Properties are deactivated, Residents and Visitors lose access to new passes at the affected Properties.
12. Parking rules, enforcement and towing
This section matters. Read it.
ParkHere is software. It records who registered a vehicle, who approved a pass, and when. It does not decide whether a vehicle may park, does not issue fines, and does not tow.
Parking rules at a Property are set by the Client or the Property. Decisions to ticket, boot, immobilise or tow a vehicle are made by the Client, the Property, or the enforcement or towing provider they engage. A Client may authorise Patrol Officers to check plates at its Properties and to send a tow request through ParkHere to a Service Provider the Client has chosen; making that request is the Patrol Officer's and the Client's decision, and carrying it out is the Service Provider's. ParkHere is not responsible for those decisions, for any fine, penalty notice or towing charge, or for the acts or omissions of any enforcement or towing provider.
If your vehicle is ticketed, immobilised or towed, you are responsible for resolving it with the Client, the Property, the enforcement or towing provider, or the relevant authority, as the case may be. A valid ParkHere pass is a record that a pass was issued. It is not a guarantee that a vehicle will not be ticketed or towed.
13. Property data and records
Residents and Visitors provide their own details directly to ParkHere. A Property is not required to hand over resident names or phone numbers in order to start using the Services.
A Client and its Managers may view the parking records of the Client's own Properties, and may not access any other Property's data. The pass history of each unit and the Client's billing history can be downloaded from the client portal. For a copy of other records, email [email protected].
When a Property is deleted or an account is closed, its live records are removed from the Services. ParkHere keeps an archive copy of the passes issued at the Property and a record of the closed account, and keeps the financial records that support our tax filings for six years, as Canadian tax law requires. The retention section of our Privacy Policy describes this in detail.
14. Acceptable use
Do not use the Services to break the law, harass anyone, or interfere with parking at a Property you are not entitled to use. Do not attempt to access another person's account, another Property's data, or our systems. Do not scrape, copy or resell the Services. Do not register a vehicle or claim a unit that is not yours.
We may remove content and suspend accounts that breach this section.
15. Availability
We aim to keep the Services available and working. We do not promise uninterrupted service, and we may take the Services down for maintenance.
16. Third party services
The Services rely on third parties, including Stripe for payments and payouts, Amazon Web Services for hosting, our database and text message delivery, Cloudflare for network and security services, Google for email delivery, fonts, the optional Google sign-in and, with your consent, analytics, and Microsoft for the optional Microsoft sign-in. Their failures can affect the Services. We are not responsible for third party services, and your use of them may be governed by their own terms.
17. Intellectual property
ParkHere owns the Services, the software, and everything in them apart from content you submit. You receive a limited, non-exclusive, non-transferable right to use the Services while these Terms are in effect. You may not copy, modify, reverse engineer or create derivative works from them.
"ParkHere" and the ParkHere logo are our marks. Do not use them without our written permission.
ParkHere.ai is not affiliated with ParkHere GmbH of Munich, Germany.
18. Feedback
If you send us ideas or suggestions we may use them freely and without obligation to you. Do not send us anything you consider confidential.
19. Disclaimers
The Services are provided "as is" and "as available". To the fullest extent permitted by law we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.
We do not warrant that a pass will always be issued, that a text message will always arrive, or that a vehicle will not be ticketed or towed.
Nothing in these Terms excludes a warranty, condition or remedy that cannot be excluded under Ontario law or under applicable Canadian consumer protection law.
20. Limitation of liability
To the fullest extent permitted by law, ParkHere is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue or lost data.
Our total liability arising out of or relating to these Terms or the Services will not exceed the greater of (a) the amounts you paid ParkHere in the twelve months before the event giving rise to the claim, or (b) one hundred dollars ($100).
Nothing in this section limits liability that cannot be limited by law, including liability for fraud, or for death or personal injury caused by negligence.
21. Indemnity
If you are a Client, you will indemnify ParkHere against claims arising from your parking rules, your or your provider's enforcement or towing decisions, your use of the Services in breach of these Terms, or your staff's misuse of another party's data.
22. Changes to these terms
We may change these Terms. Where a change is material we will give notice, by email or in the Services, before it takes effect. Continuing to use the Services after that means you accept the change. A Client that does not accept a change may cancel under section 11.
23. Governing law and disputes
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply in it, without regard to conflict of laws rules.
The courts of the Province of Ontario have exclusive jurisdiction over any dispute arising out of or relating to these Terms, and you and ParkHere each attorn to the jurisdiction of those courts. Nothing in this section prevents either party from bringing a claim in Small Claims Court.
24. General
These Terms and the Privacy Policy are the entire agreement between you and ParkHere about the Services.
If a provision is found unenforceable, the rest remains in force.
Our failure to enforce a provision is not a waiver of it.
You may not assign these Terms without our consent. We may assign them to a successor in connection with a merger, acquisition or sale of assets.
Sections 12, 13, 17, 19, 20, 21, 23 and 24 survive termination.
25. Contact
Park Here Canada Inc.
354 Enford Road
Richmond Hill, Ontario L4C 3G1
Canada
[email protected]