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Polarity Parking, Inc. Terms of Service

Effective: Oct 14, 2025

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS OF SERVICE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES (DEFINED BELOW), INCLUDING ANY INTEGRATIONS ON PARTNER PRODUCTS AND SERVICES.

THESE TERMS OF SERVICE REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US ON AN INDIVIDUAL BASIS ONLY, AND BY USING THE SERVICES AND ENTERING INTO THESE TERMS, YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN ANY COURT, TO HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY, OR TO BRING ANY CLAIMS AGAINST US IN A CLASS ACTION FORMAT (INCLUDING AS A CLASS REPRESENTATIVE OR MEMBER OF ANY PUTATIVE CLASS).

Thanks for using our products and services! These Terms of Service (the “Terms”) govern the website polarityparking.com (including both mobile and online versions) (the “Site”), the Polarity Parking mobile application (the “App”), property management portals or dashboards, integrations on partner products and services (for example, integrations with third-party towing or enforcement systems), and other interactive features, widgets, content, and/or other online services that we own and control and that post a link to these Terms (collectively, the “Services”), which are made available by Polarity Parking, Inc., located at 8 the Green, Dover, Delaware 19901, United States (“Polarity Parking,” “Polarity,” “we,” “our,” or “us”). By using our Services, you are agreeing to these Terms and consenting to our Privacy Policy and the collection and use of your data in accordance with our Privacy Policy.

If You Want to Use the Services, then carefully read these entire Terms (including all links to details), as they constitute a written agreement between you and us and they affect your legal rights and obligations. Each time you access and/or use the Services (other than to simply read these Terms), you agree to be bound by and comply with these Terms and any applicable Additional Terms (defined below) then posted. Therefore, do not use the Services if you do not agree. The business realities associated with operating the Services are such that, without the limitations set forth in these Terms – such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and the arbitration of certain disputes – we would not make the Services available to you.

By accessing and/or using the Services, you agree to be bound by these Terms. We offer a variety of Services in cooperation with property owners and managers, homeowners’ associations, parking facility operators, towing and enforcement companies, local governments, and other public and private entities (“Polarity Partners”), so sometimes separate guidelines, rules, or terms of use or sale setting forth additional or different terms and conditions will apply to your use of the Services or to a specific service or product offered via the Services (each, “Additional Terms”). Additional Terms will be made available with the relevant Services, and those Additional Terms will also become part of your agreement with us if you use those Services. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Additionally, certain features and services made available through the Services from time to time may be governed by different terms of use.

We are a technology company. We do not own, operate, or maintain any parking facility, and we do not provide parking enforcement services. Parking facilities are operated by third parties, and all applicable parking rules and regulations at those locations apply to you. Parking restrictions (for example, posted signs or community parking policies) take precedence over any information you receive from us. Your use of the Services does not excuse you from following all parking rules and regulations in the real world. Polarity Parking is not responsible or liable for the services or actions of any parking facility, property management company, towing company, law enforcement, or other Polarity Partner, nor are we responsible for providing you with any applicable rules, regulations, or terms imposed by those third parties. Polarity Parking’s role is to provide a platform, information, and tools (such as reservation systems, license plate recognition, and alerting features) to assist parking providers and enforcement parties, but actual enforcement of parking rules (including issuing citations, booting, or towing vehicles) is carried out by property owners or third-party providers, not by Polarity Parking. Please contact the relevant parking facility operator, property manager, or Polarity Partner directly for information on their rules and policies.

1. Account Types and Account Details

A. Types of Accounts. In order to use certain Services, you may need to create an account. Polarity Parking offers different types of accounts for different users. For example, we may offer individual user accounts (e.g. for drivers, residents, or guests) which allow access to our basic Services, and enterprise or business accounts (e.g. for property management organizations or other Polarity Partners) which may involve additional features, dashboards, or subscription services. Basic individual accounts allow you to use the Services for free (aside from any parking fees or other transactional charges). Business or enterprise accounts may require entering into a separate service agreement or subscription (“Non-Basic Memberships”). Non-Basic Memberships may be subject to fees, billed and renewed automatically on a subscription basis, and may offer enhanced features or administrative capabilities. If you open an account on behalf of a company, organization, property, or other entity, you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and to bind that entity to these Terms, and that you agree to these Terms on the entity’s behalf. You agree that you will use the appropriate type of account for your needs (for example, that you will register a business account if you are using the Services for commercial or property management purposes).

B. Account Registration, Eligibility, and Responsibilities. No one under sixteen (16) years of age is allowed to create an account or use the Services. If you are under eighteen (18) years old (or under the age of majority in your jurisdiction) but at least 16, you confirm that you have obtained consent from your parent or legal guardian to use the Services. In order to access or use some features of the Services, you may be required to register for a user account through the registration process that we make available (and, if applicable, purchase a subscription as described in Section 4 below). When you create your Polarity Parking account, you must provide us with accurate and complete information. You may be asked to provide proof of identity or other verification information during registration or at later times; Polarity Parking may deny access to or use of the Services if you do not provide the requested proof of identity or if we suspect fraud or misuse. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You agree to promptly update your account information if it changes, so that it remains true, accurate, and complete. If we discover that any information you provided in connection with your account is false, inaccurate, or not yours (for example, if you provide a phone number or license plate that is not your own), we may suspend or terminate your account at any time. Different or additional terms may apply to enterprise (B2B) accounts, and an administrator for a business or property management account may be able to access, manage, or disable user accounts associated with that organization. The Services’ practices governing the collection and use of your personal information are disclosed in our Privacy Policy. We reserve the right to terminate your account or suspend or deny you access to the Services (in whole or in part) in our sole discretion for any reason, without advance notice or liability.

2. Content, Ownership, Limited License, and Other Rights

A. Content. The Services contain a variety of content and other material. This includes, for example: (i) text, images, photos, graphics, logos, videos, audio clips, software, code, data, and other materials provided by or on behalf of Polarity Parking or our partners, and the selection, arrangement, and “look and feel” of all such materials; (ii) the Polarity Parking name, logos, and all related product and service names, design marks, slogans, and other trademarks or service marks, as well as the trademarks, trade dress, logos, trade names, service marks, and trade identities of other parties; and (iii) other forms of intellectual property. All of the foregoing is collectively referred to as “Content.”

B. Ownership. The Services (including all past, present, and future versions) and the Content are owned or controlled by Polarity Parking, our licensors, and/or certain other third parties. All right, title, and interest in and to the Content available via the Services is the property of Polarity Parking or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and other intellectual property and unfair competition laws to the fullest extent possible. Polarity Parking (and/or our licensors) own the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Services.

C. Limited License to You. Subject to your strict compliance with these Terms (including payment of any required fees pursuant to Section 4 below) and any Additional Terms, Polarity Parking grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (for temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding any source or object code in raw form, other than code made available to enable display and functionality) on a personal computer, mobile phone, or other internet-enabled device (each, a “Device”) for your personal, non-commercial use only. This limited license does not give you any ownership of, or any other intellectual property interest in, any Content, and it may be immediately suspended or terminated for any reason, in our sole discretion, without advance notice or liability. In some instances, we may permit you to have broader access to or use of certain Content, subject to specific Additional Terms.

D. Rights of Others. When using the Services, you agree to respect the intellectual property and other rights of Polarity Parking and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, or other laws, and could result in personal liability (including potential criminal liability). Just because we allow you to access and use our Content does not mean we are giving you any license to do anything not expressly permitted by these Terms.

3. Services and Content Use Restrictions

A. Services Use Restrictions. You agree that you will NOT do any of the following while using the Services or any portion thereof: (i) use any meta tags or any other “hidden text” utilizing any of Polarity Parking’s trademarks, names, or logos; (ii) engage in any activities through or in connection with the Services that seek to attempt to or do harm to any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, bullying, harassing, or abusive, or that violate any right of any third party, or that are otherwise objectionable to Polarity Parking; (iii) reverse engineer, decompile, disassemble, or modify any of the Services’ source or object code, any software or other products, services, or processes accessible through any portion of the Services; (iv) engage in any activity that interferes with any user’s access to the Services or the proper operation of the Services, or that otherwise causes harm to the Services, Polarity Parking, or other users; (v) interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services or the Content; (vi) harvest, scrape, or otherwise collect or store any information (including personally identifiable information) about other users of the Services – including email addresses or license plate numbers – without the express consent of such users; (vii) attempt to gain unauthorized access to the Services, other systems or networks connected to the Services, or any Polarity Parking server, through hacking, password mining, or any other means; (viii) use false or deceptive identities, names, or accounts, deploy or use bots, malware, viruses, or other disabling code, engage in any activities that are designed to defraud or game Polarity Parking or third parties (including parking or enforcement personnel), or deploy (or permit any third party to deploy) any technology on or in connection with the Services that enables tracking of users or their activities without our express written permission; or (ix) otherwise violate any applicable laws, regulations, these Terms, or any Additional Terms. Don’t misuse the Services – if you do, we reserve the right to suspend or terminate your access as described elsewhere in these Terms.

B. Content Use Restrictions. You also agree that, in using the Services, you will NOT: (i) monitor, gather, copy, or distribute any Content on the Services (except as may be a result of standard search engine activity or use of a standard internet browser) by using any robot, rover, “bot,” spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, tool, or manual process of any kind; (ii) frame or utilize framing techniques to enclose any Content (including any images, text, or page layout) on the Services; (iii) remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in the Content; (iv) use Content in a manner that suggests an unauthorized association with any of our products, services, or brands or those of our licensors; (v) make any modifications to the Content (except to the extent expressly permitted by the Services or Additional Terms); (vi) copy, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish (in hard copy or electronically), publicly perform, display, disseminate, distribute, broadcast, retransmit, or otherwise transfer any Content to any third party or on any third-party platform (e.g., another website or service), except as specifically permitted by these Terms or any Additional Terms, or with the prior written consent of an officer of Polarity Parking or, in the case of Content we license from a third party, the owner of that Content; and (vii) use any Content in any manner not expressly permitted by these Terms or any applicable Additional Terms.

All rights not expressly granted to you are reserved by Polarity Parking and its licensors or other rights holders. Any unauthorized use of the Services or Content for any purpose is prohibited.

4. Terms Applicable to Subscriptions and Purchases

A. Purchases and Payment Authorization. Certain aspects of our Service may involve fees or payments. For example, guests or residents may be required to pay parking fees, permit fees, or other charges through the Polarity Parking App or Site, and property clients may pay subscription or service fees for use of Polarity’s enterprise features. If you initiate a purchase or transaction through our Services, you agree to provide current, complete, and accurate billing information. You authorize us (and our third-party payment processors) to charge your provided payment method for all fees incurred by your account and agree to pay all amounts due. You represent and warrant that you have the legal right to use any payment method you submit through the Services. All payments must be made through accepted methods (for example, valid credit or debit cards or other payment methods we specify, such as Apple Pay or Google Pay), and certain Services may require you to have a payment card on file. Your card issuer agreement governs your use of your credit or debit card, and you must refer to that agreement (not these Terms) to understand your rights and liabilities as a cardholder. You agree that Polarity Parking is authorized to charge your payment method for all fees due and owing (including any applicable taxes or surcharges) in connection with any purchase or subscription you make through the Services.

B. Pricing and Subscription Terms. The price and terms of any purchase (including any parking session or permit fee, or any subscription fee) will be the price displayed to you at the time you place your order. Prices are listed in U.S. Dollars (unless otherwise specified). For subscriptions, the price depends on the type and length of the membership or service term you select. In some cases, charges you incur for Services will be owed directly to a Polarity Partner or third-party provider (for example, a parking facility or enforcement company), and Polarity Parking will collect payment on their behalf as their limited payment collection agent; in such cases, payment to Polarity is considered the same as payment directly to that third party. You acknowledge and agree that any applicable taxes (e.g., sales, use, or value-added taxes) and government charges are not included in displayed prices unless explicitly stated, and you are responsible for paying such taxes or charges as required by law.

C. Automatic Billing & Renewal. IF YOU SIGN UP FOR A SUBSCRIPTION SERVICE (INCLUDING ANY NON-BASIC MEMBERSHIP), YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW at the end of each subscription term unless you cancel beforehand, and YOU WILL BE CHARGED AUTOMATICALLY for each renewal term at the then-current subscription rate using the payment method we have on file for you. If you receive a free trial before being charged for a subscription, and you do not cancel before the trial ends, once the trial period expires we (or a third party, such as an app store) will begin billing your payment method for the subscription on a recurring basis. Your subscription will continue in full force for the length of the term you selected, and will automatically renew for additional equivalent terms, until and unless you cancel or we terminate your account. By providing payment information for a subscription, you agree that Polarity Parking may store your payment method for the purpose of charging the periodic subscription fees. The subscription fee will be charged at the beginning of each subscription term (and, if applicable, any renewal term) to your original payment method or an updated method you provide. Fees and charges for renewal terms will be at the then-current rate for the applicable subscription. We reserve the right to change the pricing of subscriptions at any time. If the price of your subscription changes, we will make reasonable efforts to notify you in advance (for example, by posting the new pricing on the Services or sending you an email). The new price will take effect at the start of the next subscription term following the notice. If you do not agree to a price change, you must cancel your subscription before the new price takes effect. If you continue to use the subscription after the price change, you are deemed to have accepted the new price.

D. Free Trials and Refunds. From time to time, we may offer free trials or promotional subscriptions for certain paid Services. If you are required to provide payment information to receive a free trial, once your free trial ends, we (or a third party) will begin billing your designated payment method on a recurring basis for the subscription (plus any applicable taxes or fees) until you cancel. You must cancel before the end of the trial period to avoid being charged. We will not provide any price protection or partial refunds if the price for a Service drops or if we offer subsequent promotional pricing. Except as expressly provided in these Terms or required by law, all fees are non-refundable. For example, once a parking session is booked or a permit is purchased and delivered, it cannot be canceled or refunded if the service has been provided, even if you leave early or do not use the full allotted time. If you believe there are extenuating circumstances that merit a refund, you may contact us at our customer support, but we are not obligated to provide a refund.

E. Cancellation of Subscription. You may cancel a subscription to Polarity’s Services at any time, but please note that any prepaid fees are non-refundable (except where required by law). If you cancel a subscription, you will continue to have access to the subscribed Services until the end of your then-current subscription term, and the subscription will not renew after that term expires. Cancelling a subscription will stop future billing of the subscription fees, but will not retroactively refund any fees already paid, except where applicable law requires a refund. We reserve the right to modify or terminate free trial offers or discounts at any time, without prior notice.

F. Payment Disputes and Chargebacks. If you believe there is an error or unauthorized charge relating to any purchase, you should contact us promptly to review the charge. Disputing valid charges (for example, parking fees for a period during which you actually parked) through your bank or credit card provider without valid cause is prohibited and may be deemed fraudulent behavior. We reserve the right to suspend or terminate your account for any chargebacks or payment disputes we determine to be unfounded or initiated in bad faith. If we cancel a fee or charge you have already paid and you are entitled to a refund, we will issue the refund to the original payment method. We also reserve the right to correct any errors or mistakes in billing, even if payment has already been requested or received.

5. Notices and Questions

You agree that: (a) we may give you notices of new, revised, or additional terms and other important matters by prominently posting a notice on the homepage of the Site or within the App, or by any other reasonable means that we determine at our discretion; and (b) we may contact you by email (using the email address you provided us) or by postal mail (using the mailing address you provided) for account or Service-related matters. You agree to promptly notify us of any changes in your contact information, including email address or mailing address, by updating your account settings.

If you have a question regarding using the Services or require customer support, you may contact us through the support page on our Site or App or via our customer care center online. If you have any questions about these Terms or need to reach Polarity Parking for any reason, please visit our website or contact us at support@polarityparking.com. For legal notices or inquiries, you may email support@polarityparking.com or send correspondence to Polarity Parking’s legal department at 5900 Balcones Dr, #27771, Austin, TX 78731. Please note that any customer support we provide is at our discretion and we have no obligation to provide any particular support or assistance.

6. Links by You to the Services

We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create a hyperlink (text-only) to our Services from your own website, so long as: (a) the link only incorporates text and not our or any third party’s trademarks or protected images; (b) the link and the content on your website do not suggest any affiliation with Polarity Parking or cause any other confusion; and (c) the link and the content on your site do not portray Polarity Parking or our products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, obscene, lewd, filthy, violent, harassing, or otherwise objectionable, or that violates any third-party right. We reserve the right to suspend or prohibit linking to the Services for any reason, in our sole discretion, without advance notice or any liability to you or any third party.

7. Mobile Communications

A. Telephone and Mobile Communications; Consent to be Contacted. Polarity Parking and/or its third-party partners may, from time to time, offer text messaging programs (e.g., SMS, MMS, RCS, or other successor technologies) (collectively, the “SMS Program(s)”), through which Polarity and/or its partners send periodic autodialed text messages with offers, promotions, or other information (for example, coupons, discounts, or service updates). You will only receive these marketing text/SMS messages if you opt in to a SMS Program. You are not required to opt in or agree to receive marketing texts as a condition of making a purchase or using the Services. Message frequency will vary, and message and data rates may apply for any text messages sent to you from us and to us from you. You should check with your wireless carrier if you have questions about your plan’s message or data rates and coverage. (Not all carriers may support our messages.) See the Opt-Out Instructions below for how to stop receiving marketing text/SMS messages at any time.

B. Providing Telephone Numbers and Other Contact Information. You verify that any contact information you provide to Polarity Parking, including, but not limited to, your name, mailing address, email address, and mobile telephone number, is true, accurate, and current. You verify that you are the current subscriber or customary user of any telephone number you provide, and that you are authorized to consent to receive communications (including autodialed or prerecorded calls or texts) at that number. You are strictly prohibited from providing a phone number or other contact detail that is not your own. If any of your contact information changes, including ownership of your telephone number, you agree to immediately notify us before the change goes into effect (for example, by updating your account information or contacting our customer support). You are responsible for maintaining and updating the devices, email accounts, phone numbers, and other equipment or services needed to receive communications from us, and for monitoring such communications.

C. Your Consent to Receive Automated Calls and Texts. By voluntarily providing your telephone number(s) to Polarity Parking, you expressly agree to receive artificial voice calls, prerecorded voice messages, and/or autodialed calls and text messages (such as SMS, MMS, RCS, or successor protocols or technologies) from or on behalf of Polarity Parking, our agents, and third-party partners, regarding your account(s), transactions, parking sessions, events, offers, and/or your relationship with Polarity. You acknowledge that such automated calls or texts may be made or sent to your telephone number(s) even if your number is registered on a state or federal Do Not Call list. You agree that Polarity Parking may obtain, and you expressly consent to be contacted at, any email addresses or telephone numbers you provide to us at any time or that we obtain through other lawful means. You further agree that Polarity Parking may continue to contact you at such numbers or addresses even if you cancel your account or terminate your relationship with us, until or unless you follow the Opt-Out Instructions below. You understand that you do not have to agree to receive automated promotional calls or texts as a condition of purchasing any goods or services from us. If you wish to opt out of automated promotional communications, please see the Opt-Out Instructions below.

D. Opt-Out Instructions. Your consent to receive automated calls and texts is completely voluntary. You may opt out at any time. To opt out of text messages, you can text STOP to the number from which you received a Polarity Parking text message (or to our designated short code, if applicable). You may also opt out by contacting us at 401-402-0046 and specifying that you want to opt out of text messages, and providing the phone number that you wish to be opted out. You may text HELP for help with SMS messages or contact our customer care center online or by calling us at 401-402-0046 for assistance. You acknowledge and agree that we may send you a final text message confirming your opt-out. It is your sole responsibility to notify us if you no longer want to receive automated text messages or calls. You waive any rights to bring claims for unauthorized or undesired texts or calls by failing to opt out immediately or by failing to follow the instructions above. Please allow us a reasonable time (up to 10 business days) to process any opt-out request. If you opt out of one SMS Program, you may still receive texts from us under other programs you have joined (unless you opt out of those as well). To opt out of texts from a third-party Polarity Partner (such as a parking operator’s own SMS program), you will need to contact that third party directly.

8. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND TO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.

A. First – Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Services, the Content, these Terms, and/or any Additional Terms, whether existing now or arising in the future (collectively, a “Dispute”), or to any of Polarity Parking’s actual or alleged intellectual property rights (an “Excluded Dispute,” which includes those disputes listed in Section 8(E) below), you and we agree to send a written notice to the other party providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to the most recent contact information you provided. However, if such information is not available or up-to-date, we have no obligation under this Section 8(A). Your notice to us must be sent via certified U.S. mail to our current mailing address: Polarity Parking, Inc., 5900 Balcones Dr, #27771, Austin, TX 78731, Attn: Legal Department. You and Polarity Parking agree to make good faith efforts to resolve the Dispute or Excluded Dispute informally. During the 60-day period after a party’s receipt of a notice of a Dispute or Excluded Dispute from the other party, Polarity and you shall engage in a dialogue to attempt to resolve the dispute, including at least one informal telephonic or video conference between you and Polarity Parking (or their respective representatives). This informal dispute resolution process is a condition precedent to commencing any formal dispute resolution proceeding. Any applicable statute of limitations or filing fee deadlines shall be tolled during the 60-day informal resolution period.

Certain portions of this Section 8(A) are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Polarity Parking agree that this Section 8(A) satisfies the “writing” requirement of the Federal Arbitration Act (“FAA”).

B. Binding Arbitration. If we cannot resolve a Dispute as set forth in Section 8(A) within sixty (60) days of receipt of the notice, then ANY DISPUTE ARISING BETWEEN YOU AND POLARITY PARKING (OR ANY OF ITS AGENTS, VENDORS, CONTRACTORS, OR OTHER THIRD-PARTY BENEFICIARIES OF THESE TERMS), whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, negligence, or any other intentional tort), common law, constitutional provision, respondeat superior, agency, or any other legal or equitable theory, MUST BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION. The FAA (not state law) shall govern the arbitrability of all disputes between Polarity and you regarding these Terms (and any Additional Terms) and the Services, including the “No Class Action Matters” Section below. BY AGREEING TO ARBITRATION, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT and have any Dispute heard by a judge or jury. However, Polarity Parking and you agree that applicable federal or state law (as set forth in Section 8(G) below) shall govern any claims or causes of action, remedies, and damages arising between you and Polarity in connection with these Terms and the Services, and not the FAA, to the extent state law governs the underlying claims. An Excluded Dispute will only be subject to binding arbitration under this Section 8 if the parties mutually agree. Any Dispute subject to arbitration will be resolved solely by binding individual arbitration in accordance with the then-current: (i) Consumer Arbitration Rules of the American Arbitration Association (“AAA”), if applicable (if the Dispute involves a “consumer” agreement as defined in AAA Consumer Rule R-1); and if the Consumer Rules do not apply, then (ii) the Commercial Arbitration Rules of the AAA (collectively, the “Rules”), except as modified herein. The arbitration will be administered by the AAA. If a party properly submits a Dispute to the AAA for arbitration, and the AAA is unwilling to set a hearing or otherwise administer the arbitration, then either party can elect to have the arbitration administered by Judicial Arbitration and Mediation Services Inc. (“JAMS”) under JAMS’s streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of Polarity Parking consent to in writing.

C. Arbitration Process. If the informal dispute resolution process in Section 8(A) does not resolve the Dispute after 60 days, a party that wishes to pursue arbitration must send the other party a written Demand for Arbitration. The arbitration will be initiated and conducted according to the applicable Rules of the chosen arbitration administrator (AAA or JAMS) in effect at the time of filing, except as modified by this Section 8. (For your convenience, current forms for AAA arbitration Demands are available on the AAA’s website. For example, AAA’s Demand for Arbitration forms for Commercial and Consumer Rules can be found at https://www.adr.org/sites/default/files/Demand_for_Arbitration_0.pdf and https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf, and a separate form for fee waiver for California residents is available at https://adr.org/sites/default/files/Waiver_of_Fees_CA_Only.pdf.) The arbitration will be conducted by a single, neutral arbitrator who will be either a retired judge or an attorney licensed to practice law in the state or county where you reside, and the arbitrator shall be selected in accordance with the Rules. If the parties are unable to agree on an arbitrator within 21 days of delivery of the Demand for Arbitration, the administrator (e.g., AAA) will appoint the arbitrator. The arbitration may be conducted via telephone or video conference or based solely on written submissions, and if an in-person hearing is required, it will be conducted in Denton County, TX or another mutually agreed location. The parties will each pay their respective shares of the administrator’s and arbitrator’s fees and costs as set forth in the Rules, except that if the Rules or applicable law require Polarity Parking to bear a greater portion of the fees and costs for this arbitration provision to be enforceable, Polarity shall have the right to pay those fees and costs and proceed with arbitration. The arbitrator is bound by these Terms and any applicable Additional Terms, and will apply applicable substantive law and the facts to render a decision according to governing law and factual record. The arbitrator will have the authority to award any relief (including monetary, injunctive, and declaratory relief) that an individual could seek in court under applicable law, consistent with the Limitations of Liability in these Terms. The arbitrator will issue a written, reasoned award. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

All issues are for the arbitrator to decide, except issues relating to the scope and enforceability of the arbitration and class action waiver provisions are for a court of competent jurisdiction to decide. The arbitrator’s award must be consistent with the terms of the “Limitations of Our Liability” section of these Terms. The arbitrator may not award public injunctive relief, as the parties agree any request for such relief will be resolved in a civil court of proper jurisdiction. The arbitrator may award attorneys’ fees and costs to the prevailing party if authorized by applicable law. If the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose (as defined by the standards in Federal Rule of Civil Procedure 11(b)), then the arbitrator may award Polarity Parking its attorneys’ fees and expenses. This Section 8 arbitration agreement will survive termination of these Terms or the Services. You can obtain the AAA’s and JAMS’s procedures, rules, and fee information as follows: AAA at 1-800-778-7879 or www.adr.org; JAMS at 1-800-352-5267 or www.jamsadr.com.

D. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND POLARITY PARKING AGREE THAT ANY DISPUTE (EXCEPT AN EXCLUDED DISPUTE) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES. If you or we want to assert a Dispute (but not an Excluded Dispute) against the other, we agree to commence it (by delivery of written notice as set forth above in Section 8(A)) within one year from when the Dispute arose; otherwise, the Dispute is permanently barred. “Commencing” means, as applicable: (i) delivering written notice of the Dispute as required in Section 8(A); (ii) filing a Demand for Arbitration with AAA or JAMS as set forth in Section 8(B); or (iii) filing an action in an appropriate state or federal court. The parties expressly waive any contrary statute of limitations or time-bar defenses to any Dispute that is not commenced within this one-year period.

E. Injunctive Relief. The foregoing provisions of this Section 8 will not apply to any legal action taken by Polarity Parking to seek an injunction or other equitable relief related to the enforcement or protection of Polarity’s intellectual property rights, Polarity’s operational security, and/or Polarity’s Services, products, or assets. You acknowledge and agree that Polarity Parking may go to court to seek an injunction or equitable relief to stop any unauthorized use of the Services or infringement of intellectual property, or any other actionable conduct, without first engaging in the informal dispute resolution process above.

F. No Class Action Matters. YOU AND POLARITY PARKING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or proceedings that involve any claim or controversy of any other party. There is no right or authority for any Dispute to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public or other persons. If a court with proper jurisdiction determines that the foregoing class action waiver is unenforceable or void, then our agreement to arbitrate in Section 8(B) will not apply, and the Dispute must be brought exclusively in court, consistent with Section 8(H) below. Notwithstanding any other provision of this Section 8, any issues concerning the validity or enforceability of the class action waiver in this Section 8(F) must be decided by a court and not the arbitrator. The arbitrator has no power to adjudicate class or representative matters. If the class action waiver is deemed invalid or unenforceable, then the entirety of this arbitration agreement shall be null and void. If any portion of this arbitration agreement other than the class action waiver is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this arbitration agreement.

G. Forum for Litigation – Texas Courts. Except where arbitration is required above or the claim is brought in small claims court as provided in Section 8(H) below, any action or proceeding relating to any Dispute or Excluded Dispute arising under these Terms must be instituted in a state or federal court in the State of Texas, located in Denton County, Texas. Accordingly, you and Polarity Parking consent to the exclusive personal jurisdiction and venue of such courts for such matters. We each waive any objection to the laying of venue in Texas courts and any claim that such action has been brought in an inconvenient forum.

H. Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us may bring an individual claim in small claims court (or an equivalent local court) for Disputes that qualify within that court’s jurisdictional limits. The small claims action must be brought only in a court that has jurisdiction over the claim and the parties, and cannot be brought on a class or representative basis.

I. Governing Law. These Terms and any Additional Terms, and any Dispute or Excluded Dispute arising between you and Polarity Parking, will be governed by and construed in accordance with the laws of the State of Texas, U.S.A., without regard to its conflict of laws principles, except that the Federal Arbitration Act will govern the interpretation and enforcement of Section 8 (Dispute Resolution) to the extent applicable.

9. Disclaimer of Representations and Warranties

YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN RISK. The Services are provided on an “AS IS”, “AS AVAILABLE”, and “WITH ALL FAULTS” basis. To the fullest extent permissible by law, Polarity Parking, its parent company (if any), its subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, partners, successors, and assigns (collectively, the “Polarity Parking Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:

  • (a) the Services (including the Content and any Polarity Parking products or services);
  • (b) the functions, features, or any other elements on, or made accessible through, the Services;
  • (c) any products, services, or instructions offered or referenced at or linked through the Services (for example, services offered by third-party parking providers or Polarity Partners);
  • (d) the quality or safety of any parking facility, or any services provided by a parking facility, property manager, towing company, or other third party through the Services;
  • (e) the security associated with the transmission of your information to Polarity Parking or via the Services;
  • (f) whether the Services or the servers that make the Services available are free of any harmful components, such as viruses, Trojan horses, malware, or other technologies that could adversely impact your device;
  • (g) whether any information or instructions on the Services are accurate, complete, correct, adequate, useful, timely, or reliable;
  • (h) whether any defects or errors on the Services will be repaired or corrected;
  • (i) whether access to the Services will be uninterrupted or error-free;
  • (j) whether the Services will be available in any particular jurisdiction or at any particular time; and
  • (k) whether your use of the Services is lawful in any particular jurisdiction.

Except for any specific warranties expressly provided herein or in Additional Terms provided by a Polarity Party, to the extent permitted by applicable law, the Polarity Parking Parties hereby further disclaim all warranties, express or implied, including the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration, and freedom from computer virus.

Some jurisdictions do not allow the exclusion of certain warranties or conditions, or limitations on how long an implied warranty may last, so some of the above disclaimers may not apply to you in whole or in part. In such event, to the extent that any implied warranties or conditions cannot be disclaimed under applicable law, we limit the duration of such warranties and conditions to the maximum extent permitted.

Further, Polarity Parking is not liable for any damage or loss incurred by you that is caused by, arises out of, or relates to: (i) your own fault or negligence; (ii) your incorrect parking or failure to comply with posted parking restrictions; (iii) any error or insufficient functionality of your mobile phone or other equipment needed to use the Services; (iv) failure, disruption, or delay in telephone, internet, or other communication networks provided by a third party (including any actions or omissions of your telephone or internet service provider); (v) utility outages or interruptions; (vi) any error or defect in any technical functionality that calculates charges or parking costs; (vii) any error, defect, inaccuracy, or insufficient functionality in any third-party services or content (including services provided by Polarity Partners); (viii) any cancellation of a service or transaction by Polarity Parking based on information we believed (at the time of cancellation) justified such cancellation, even if it later turns out that information was incorrect; (ix) disruptions or inadequate access to the Services that could not have been reasonably foreseen; (x) the unavailability of a parking facility or space when you arrive (including situations where a reserved space is unavailable); (xi) any unauthorized use of your account or login credentials (for example, if someone gains access to your account due to your failure to safeguard your password); or (xii) your own failure to act (e.g., failure to register your vehicle or start a parking session, or to timely depart a parking space).

10. Limitations of Our Liability

TO THE EXTENT PERMITTED UNDER ANY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY POLARITY PARKING PARTIES BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (even if foreseeable or even if the Polarity Parking Parties have been advised of the possibility of such damages) arising out of or in any way related to any of the following:

  • (a) the Services (including the Content and any services or products made available through the Services);
  • (b) your use of, inability to use, or the performance of the Services;
  • (c) any action taken in connection with an investigation by Polarity Parking Parties or law enforcement authorities regarding your access to or use of the Services;
  • (d) any action taken in connection with intellectual property or other rights owners (for example, actions taken under a copyright policy to remove infringing content);
  • (e) services or products offered by parking facilities or other Polarity Partners (including the condition of parking facilities or any injury, loss, or damage that occurs on property not owned by Polarity Parking);
  • (f) any injury, loss, or damages of any kind that you or your property sustain as a result of using the Services or parking at any location related to the Services;
  • (g) any errors or omissions in the Services’ technical operation, including any failure of the Services to operate; or
  • (h) any damage to any user’s computer, device, hardware, software, or technology, including damage from any security breach, viruses, bugs, tampering, fraud, errors, omissions, interruptions, defects, delays in operation or transmission, network failures, or any other technical or malfunctions – including any losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.

The foregoing limitations of liability will apply to any theory of liability, whether based in contract, warranty, statute, tort (including negligence), strict liability, or any other legal theory, and even if any of the events or circumstances were foreseeable. In jurisdictions that do not allow the exclusion or limitation of certain damages, some of the above limitations may not apply to you to the extent disallowed by law.

Except as may be provided in any Additional Terms, and to the fullest extent permitted by applicable law, the maximum total liability of the Polarity Parking Parties for all claims, damages, and losses in connection with your access to and use of the Services and under these Terms shall not exceed the greater of: (i) the amount (if any) you have paid Polarity Parking in the 12 months immediately preceding the events giving rise to your claim, or (ii) $100 (USD). This limitation will apply regardless of the form of action, whether in contract, tort, strict liability, or otherwise, and will not be increased if there are multiple events or claims. This provision will not apply to the extent a court with applicable jurisdiction finds such a limitation unconscionable. For clarity, the preceding sentence does not expand or limit any express, written product warranty that might be provided by Polarity for a particular product (if applicable).

You acknowledge and agree that if you incur any damages, losses, or injuries that arise out of Polarity Parking’s acts or omissions, the damage (if any) is not irreparable and is not sufficient to entitle you to an injunction or other equitable relief restricting the operation of the Services or any other property or services of Polarity. This means that you agree you will not seek, and you waive any right to, an order from a court prohibiting or restraining Polarity Parking from providing the Services or any other services, or exploiting any content, except as specifically provided in these Terms.

11. Updates to Terms and Complaints

These Terms (and any applicable Additional Terms), as posted at the time of your use of the Services, govern your use of the Services at that time. Because we may from time to time offer new features or functionality, and because legal requirements evolve, we may modify these Terms prospectively (for the future) and reserve the right to cease offering the Services under any particular terms. Each time you sign in or otherwise use the Services, you are entering into a new agreement with us on the then-current Terms. We may notify you of material changes to the Terms by posting notice on the Services or by other reasonable means, and your continued use of the Services following such notice will signify your agreement to the new Terms for your new use and transactions. Therefore, you should review the posted Terms and any applicable Additional Terms each time you use the Services (at a minimum, before each transaction or new activity). Any changes to these Terms will not apply retroactively to any claim or dispute between you and us in connection with the Services that arose prior to the “Last Updated” date of the revised Terms, except as otherwise provided in the Dispute Resolution clause (Section 8) or as required by applicable law.

Additional Terms will be effective as of the time they are posted, or such later date as may be specified in them or in other notice to you. If any notice of new, revised, or Additional Terms is determined by a court to be insufficient or ineffective, then the prior agreement between us shall remain in full force and effect until sufficient notice is given to establish a new agreement. You should frequently check the Services (including the Site and App) and the email you have provided for notices, to ensure you are aware of the latest Terms and Additional Terms. You can reject any new, revised or Additional Terms by discontinuing use of the Services.

For California residents, if you have a complaint regarding the Services or desire further information on their use, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834 or by phone at (800) 952-5210.

12. General Provisions

A. Polarity Parking’s Consent or Approval. If any provision of these Terms or any Additional Terms requires Polarity Parking’s consent or approval, Polarity may grant or withhold such consent or approval in its sole and absolute discretion. Additionally, even if Polarity Parking elects to grant consent or approval in one instance, that shall not constitute a waiver of our right to withhold consent or approval in any other instance. No Polarity consent or approval may be deemed to have been granted by us without being in writing and signed by an authorized officer of Polarity Parking.

B. Indemnity. You agree to, and you hereby do, defend (if requested by Polarity), indemnify, and hold harmless the Polarity Parking Parties from and against any and all claims, demands, causes of action, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or related to: (i) your use or misuse of the Services, and any activities in connection with the Services; (ii) your breach or alleged breach of these Terms or any Additional Terms; (iii) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Services or activities related to the Services; (iv) any information or material transmitted through your device or account, even if not submitted by you, that infringes, violates, or misappropriates any intellectual property, privacy, publicity, or other right of any person or entity; (v) any misrepresentation made by you; (vi) the acts or omissions of anyone that you allow to access or use the Services under your account or identity (including any unauthorized access or use by a minor using your account); and (vii) Polarity Parking’s use of information that you submit to us (including your account data and any content you provide). You will cooperate as fully required by the Polarity Parking Parties in the defense of any claim. Polarity Parking reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not settle any claim affecting a Polarity Parking Party without our prior written consent.

C. Operation of Services; Availability of Products and Services; International Issues. Polarity Parking controls and operates the Services from its offices in the United States and the Services are intended for users located in the U.S. (and its territories) and Canada. Polarity makes no representation that the Services are appropriate or available for use beyond these regions. If you use the Services from other locations, you do so on your own initiative and you are responsible for compliance with any applicable local laws regarding your online conduct and acceptable content. The Services may describe products and services that are only available in certain jurisdictions (for example, certain features may only be offered in specific U.S. cities or properties) and are not available worldwide. We reserve the right to limit the availability of the Services, in whole or in part, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, as well as to limit the quantity of any content, product, service, or other feature that we provide. You and we agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods or services through the Services.

D. Export Controls. Software and other materials related to the Services may be subject to U.S. export controls. No software from the Services may be downloaded, exported, or re-exported: (i) into (or to a national or resident of) any country or region to which the U.S. has embargoed goods, services, or technology (including, as of the Effective Date of these Terms, Cuba, Iran, North Korea, Sudan, Syria, and the Crimea region of Ukraine); (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Denied Persons List or Entity List; or (iii) to anyone on any similar export control list maintained by any other country or government authority. You are responsible for complying with all export and import laws and regulations of the United States and any other applicable jurisdictions. Except as authorized by U.S. law, you agree and warrant that you will not export or re-export any software or technology from the Services to any country, person, entity, or end-user subject to U.S. export controls.

E. Severability; Interpretation. If any provision of these Terms, or any Additional Terms, is for any reason held to be invalid, illegal, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of the Terms or Additional Terms. To the extent permitted by applicable law, you waive any applicable law or rule that would allow a contract to be interpreted against its drafter. Wherever the word “including” (or “includes”) is used in these Terms or any Additional Terms, it will be read as “including (or includes), without limitation.” The headings in these Terms (for example, section titles) and summaries at the beginning of sections are for convenience only and have no legal effect.

F. Communications. When you communicate with us electronically, such as via email, in-app messaging, or via the Services, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide electronically (including by posting on our Services or by email) satisfy any legal requirement that such communications be in writing. You understand that we are not obligated to provide any notice or communication by paper mail. Please do not send us any sensitive personal information via unencrypted email.

G. Assignment. Polarity Parking may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without notice. These Terms and any Additional Terms are personal to you, and you may not assign or transfer your rights or obligations under them to anyone without our express written consent. Any attempted assignment or delegation by you in violation of this provision is null and void.

H. No Waiver. Except as expressly set forth in these Terms or any Additional Terms, no failure or delay by you or Polarity Parking in exercising any of rights, powers, or remedies under these Terms will operate as a waiver of that or any other right, power, or remedy. Similarly, no waiver or modification of any term of these Terms or any Additional Terms by Polarity shall be effective unless in writing and signed by an authorized representative of the party against whom the waiver or modification is to be enforced. For the avoidance of doubt, Polarity Parking’s decision to delay or not enforce any right or remedy under these Terms in a particular instance shall not constitute a waiver of our rights to enforce these Terms in the future.

I. Additional Terms, Conditions and Requirements for Specific Services. By utilizing any of the following parking services or features provided by Polarity Parking – for example, on-demand parking registration, guest/visitor parking reservations, license plate recognition parking, or enforcement alert services – you agree to the additional terms and conditions below, and you understand that certain information will be shared with Polarity Partners (such as property owners or parking operators) as needed to deliver these services and fulfill our obligations (such as confirming your parking permission, processing payments, and/or enabling parking rule enforcement). The information shared with the relevant parking facility or Polarity Partner may include, but is not limited to: your vehicle information (make, model, color), license plate number, your name and phone number, the start and end time of your parking session, any extension of time, and other details of your parking or permit. We will collect, use, share, and store your information in accordance with our Privacy Policy and applicable law. You also agree that, at certain properties, you may only have options for fixed parking durations (which cannot be ended early or extended) or minimum parking durations, as determined by the property’s rules. You acknowledge that Polarity Parking may report any misuse of the Services, fraudulent or illegal parking activities, and/or suspicions of such misconduct to the appropriate property authorities or law enforcement agencies. Polarity Parking may also suspend or terminate your account and void any parking permits if you are found to be engaging in fraudulent, abusive, or unauthorized behavior, as described below.

  • On-Demand Parking. On-demand parking services (sometimes called drive-up or immediate parking registration) allow users to find available parking at participating locations and pay for or register a parking session upon arrival. This service is available through the Polarity Parking App or Site for supported on-street and off-street parking locations (such locations will typically be indicated in the App or marked with Polarity signage or instructions). When using On-Demand Parking, you are responsible for correctly identifying the proper zone or location and entering accurate parking session information (such as selecting the correct property or zone, and entering the correct license plate of the vehicle you are parking). Polarity Parking cannot guarantee that the information shown in the App accounts for all real-world parking restrictions at a given location. There may be temporary signs, cones, barricades, or other indicators at a parking site that supersede information in the App. You agree that it is solely your responsibility to obey all posted signs and on-site restrictions when parking, even if the App suggests that parking is allowed. Polarity Parking is not responsible for any parking violations you incur due to your failure to observe on-site restrictions or due to incorrect information you input.
  • Reservations. Polarity Parking’s reservation services allow you to pre-book a parking session or permit at participating locations in advance (for example, registering a visitor for a specific date and time). These reservation features inform you of the location and apparent availability of parking and provide you the ability to secure a parking permission for a future time window. However, Polarity Parking does not own or operate parking facilities and cannot guarantee that a space will be available or suitable when you arrive. The allocation of parking spaces within a lot or facility remains under the control of the parking provider (such as the lot attendant or property management), or if unattended, availability is first-come-first-serve. Polarity Parking is not responsible for any consequences of a lack of available parking or other issues at the facility. Any parking that results from a reservation will be subject to the terms, conditions, rules, and regulations of the operator of the parking facility (including any posted signage or permits required by that facility). By making a parking reservation through Polarity, you agree to pay the amount shown at the time of booking for the reserved session (including any applicable taxes or fees), and you agree that you are parking subject to the parking operator’s rules.
  • License Plate Recognition (LPR) Parking. In certain parking facilities and communities, Polarity Parking offers license plate recognition-based parking services. This means that a parking session may be started and/or stopped automatically when a vehicle’s license plate is detected by a camera or when a phone number is recognized by an access control system (collectively, “Camera Parking” or “LPR Parking”). In an LPR Parking location, your phone number or your vehicle’s license plate number may be used to initiate and terminate your parking session without manual input. If the LPR system is fully automated (sometimes called Automatic Camera Parking), a parking session is activated automatically in the Polarity system when the vehicle enters the parking facility (provided that, before entry, you have enrolled that vehicle’s license plate number, or a corresponding phone number, for automatic detection in the App or with the parking facility). You will typically receive a notification (such as a push notification or text message) when the session starts, and the parking session will end automatically when the system detects the vehicle has left the facility. If the LPR Parking system at a location is not fully automated, you may be required to manually activate a parking session in the App upon arrival (in such cases, the start time may be back-dated to when your vehicle was first detected entering the facility, and the session may still end automatically upon exit). You are responsible for checking whether a given facility supports Automatic LPR Parking or requires manual start. This information may be posted on-site or noted in the App for that facility. By using an LPR Parking location, you agree that: (1) you are an authorized user or driver of the vehicle you registered for LPR Parking; (2) you will promptly update or remove any license plate from your account if you are no longer authorized to use that vehicle (for example, if you sell the car or cease using it); (3) you understand that the total parking charges (including any applicable taxes or fees) will be calculated when your vehicle exits the facility, and your stored payment method may be automatically charged for the amount due; (4) you understand and agree that your enrollment in LPR Parking allows your license plate number to be used by the system to start and stop parking sessions and to charge your payment method for those sessions; and (5) parking facilities that offer LPR/Camera Parking may be added, removed, or changed at any time without notice. Automated License Plate Recognition Law (California). For California residents: California Civil Code Sections 1798.90.51 and 1798.90.53 (the “Collection of License Plate Information” law) require operators of automated license plate recognition (ALPR) systems to maintain reasonable security procedures and practices to protect ALPR information, and to implement a usage and privacy policy regarding ALPR data. Polarity Parking complies with these requirements. Please see our Privacy Policy for information on how we handle license plate data and your rights.
  • Enforcement and Towing Services. Polarity Parking integrates with third-party parking enforcement and towing services to help property owners manage parking rule compliance. Actual enforcement actions (such as issuing tickets, immobilizing vehicles, or towing) are carried out by property management personnel or contracted enforcement providers – not by Polarity Parking. Polarity’s role is limited to providing information and real-time alerts to those enforcement parties (for example, notifying a property manager or patrol officer that a vehicle is parked without a valid permit). Because Polarity is not the one physically enforcing, Polarity Parking is not liable for any fines, fees, towing charges, immobilization fees, or other penalties that you incur related to parking violations or enforcement decisions. Any disputes or issues regarding a parking violation or enforcement action (for example, if your vehicle was ticketed, booted, or towed) must be resolved between you and the property owner, parking operator, enforcement authority, or towing company that took the action. Polarity Parking is not a mediator and will not adjudicate or resolve disputes between you and any third party regarding parking enforcement or towing. Unauthorized Use of Permits and Misuse of Service: You are responsible for properly registering your vehicle and obtaining any required permit or permission before parking. Using the Polarity Parking Service does not exempt you from obeying all posted parking regulations at a property. If you fail to register, if you register with incorrect information (such as a wrong license plate number or an incorrect vehicle type), or if you exceed the allowed parking time or violate other property rules, you may be subject to enforcement actions by the property (including fines, booting, or towing at your expense). Polarity Parking will not be responsible for any losses, costs, or inconveniences resulting from your failure to properly use the Service or follow the parking rules. Furthermore, any fraudulent, abusive, or unauthorized use of the Service is strictly prohibited and can result in immediate termination of your account, cancellation of permits, and potential legal action. For example, “Permit Fraud,” such as misrepresenting your eligibility for a permit or using a falsified/altered permit (e.g., using a screenshot or duplicate code that is not actually valid in our system), is prohibited. Similarly, “Circumventing Permit Rules,” such as intentionally registering your vehicle under a false category (for instance, registering a resident’s vehicle as a “guest” to evade time limits or quotas), is prohibited. Polarity Parking actively monitors for such misuse and reserves the right to suspend or ban any users who engage in fraudulent or manipulative tactics.

J. Entire Agreement. These Terms (together with any applicable Additional Terms and the Privacy Policy) constitute the entire agreement between you and Polarity Parking relating to their subject matter, and supersede any prior agreements or understandings between you and us on that subject matter. No oral or written statement or representation (not expressly contained in these Terms or Additional Terms) will be binding on either party. If any provision of these Terms is found by a proper authority to be unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by law.

Thank you for reading these Terms of Service. By using Polarity Parking’s Services, you acknowledge that you have understood and agreed to these Terms. If you have any questions, please contact us using the information provided above. Safe parking!