Terms of Service

1. Acceptance of Terms

By accessing or using ParkingPercent ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

2. Service Description

ParkingPercent provides automated parking lot analysis using artificial intelligence and machine learning. The Service allows users to:

• Upload parking lot photographs
• Receive automated detection of parking spaces
• View occupancy statistics and analytics
• Export parking data and analysis results

Disclaimer: Our AI-powered parking detection is provided "as-is" and may not be 100% accurate. We do not guarantee perfect accuracy in parking space detection or occupancy calculations.

3. User Accounts

To use the Service, you must create an account and provide accurate, complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring you are at least 13 years of age

4. Payment Terms

4.1 Pricing

Pricing for parking lot analysis is based on a pay-per-use model. Current rates are displayed at checkout and may change with notice.

4.2 Payment Processing

Payments are processed securely through our third-party payment processor (Lemon Squeezy). We do not store your payment card information. By making a purchase, you agree to the payment processor's terms.

4.3 Refunds

If our Service completely fails to process your parking lot photograph due to a technical error on our end, we will provide a credit or refund at our discretion. Refunds are not available for:

• User dissatisfaction with detection accuracy
• Low-quality or unsuitable photographs
• Photos that cannot be analyzed (wrong file type, corrupted, etc.)
• User error in uploading or processing

Refund requests must be submitted within 7 days of purchase to support@parkingpercent.com.

5. Usage Rights and Restrictions

5.1 Permitted Use

You may use the Service for lawful purposes including:

• Analyzing parking lot occupancy for business or personal use
• Conducting parking studies and research
• Monitoring parking availability
• Urban planning and development analysis

5.2 Prohibited Use

You agree NOT to use the Service for:

• Illegal surveillance: Monitoring private property without authorization
• Stalking or harassment: Tracking individuals through their vehicles
• Privacy violations: Capturing or processing photos of people without consent in jurisdictions where required
• Unauthorized access: Photographing restricted or prohibited areas
• Commercial resale: Reselling our analysis data without permission
• Service abuse: Uploading malicious files, excessive requests, or attempts to circumvent limitations

5.3 Photo Requirements

You represent and warrant that:

• You have the legal right to photograph and upload the parking lots in your photos
• Your photos do not violate any third-party rights (privacy, property, etc.)
• You comply with all applicable laws regarding photography and surveillance

6. Intellectual Property

6.1 Your Content

You retain all ownership rights to the photographs you upload ("Your Content"). By uploading photos, you grant us a limited license to:

• Store your photos on our servers (AWS S3)
• Process your photos through our AI detection system (Modal.com)
• Generate parking analysis and occupancy data
• Display your photos and results back to you in the Service

This license terminates when you delete your photos or account.

6.2 Our Content

ParkingPercent owns all rights to:

• The Service platform, interface, and software
• Our AI models and detection algorithms
• Our branding, logos, and trademarks

You may not copy, modify, or reverse-engineer any part of our Service.

6.3 Analysis Results

The parking space detection data and occupancy analysis we generate is provided to you for your use. You may use, download, and export this data for your purposes.

7. Data Processing and Privacy

We collect and process your photos and data as described in our Privacy Policy. Key points:

• Photos are stored on AWS S3 servers
• GPS metadata may be extracted from photo EXIF data
• Photos are retained for 30-90 days (configurable)
• You can request deletion of your data at any time

8. Service Availability

8.1 Uptime

We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be unavailable due to:

• Scheduled maintenance (with advance notice when possible)
• Emergency maintenance
• Third-party service outages (AWS, Modal, etc.)
• Force majeure events

8.2 Changes to Service

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• No Warranties: The Service is provided "AS-IS" without warranties of any kind, express or implied
• No Liability for Decisions: We are not responsible for any decisions you make based on our parking analysis
• No Liability for Accuracy: We do not guarantee the accuracy of parking space detection or occupancy calculations
• Damages Cap: Our total liability to you is limited to the amount you paid us in the 12 months prior to the claim
• Indirect Damages: We are not liable for indirect, incidental, consequential, or punitive damages

10. Indemnification

You agree to indemnify and hold ParkingPercent harmless from any claims, damages, or expenses arising from:

• Your violation of these Terms
• Your violation of any third-party rights (privacy, property, intellectual property)
• Your uploaded photos or use of the Service
• Your violation of applicable laws

11. Account Termination

11.1 By You

You may delete your account at any time through your account settings. Upon deletion:

• Your account will be marked for deletion with a 30-day grace period
• After 30 days, all your photos and data will be permanently deleted from our servers
• Payment records will be anonymized but retained for tax compliance (7 years)

11.2 By Us

We may suspend or terminate your account if you:

• Violate these Terms
• Engage in prohibited activities
• Abuse the Service or upload malicious content
• Fail to pay for services

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

12.2 Arbitration

Any disputes arising from these Terms or the Service will be resolved through binding arbitration under the rules of the American Arbitration Association, except where prohibited by law.

12.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class action lawsuits.

13. Changes to Terms

We may update these Terms from time to time. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page
• Notify you via email (to your registered email address)
• Display a notice in the Service

Your continued use of the Service after changes constitutes acceptance of the new Terms.

14. Contact Information

For questions about these Terms, please contact us:

• Email: support@parkingpercent.com
• Website: parkingpercent.com

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ParkingPercent.

15.2 Severability

If any provision of these Terms is found invalid, the remaining provisions remain in effect.

15.3 No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

15.4 Assignment

You may not assign these Terms without our consent. We may assign these Terms to any successor or acquirer.