Terms & Conditions

Please read these terms carefully before using the Prked platform. By accessing or using our services, you agree to be bound by these terms.

Effective: January 22, 2023

Last Revised: April 2, 2026

Contents

Introduction and Acceptance of Terms

Platform Description and Scope of Services

Definitions

Eligibility

Account Registration and Security

Host Terms and Obligations

Guest Terms and Obligations

Pricing, Fees, and Payment

Cancellations and Refunds

Payouts to Hosts

Monthly Subscriptions and Recurring Payments

Disputes, Chargebacks, and Resolution

Affiliate and Referral Programs

Prohibited Conduct

AI-Generated Content

Insurance, Safety, and Liability Disclaimers

Verification and Identity Requirements

Tax Compliance

Arbitration Agreement and Class Action Waiver

Communications and Notifications

Intellectual Property

Digital Millennium Copyright Act (DMCA) Notice

Data Sharing Between Users

Account Suspension and Termination

Third-Party Services and Links

Electronic Agreement and Consent

Limitation of Liability

Disclaimer of Warranties

Indemnification

Governing Law and Statute of Limitations

Force Majeure

General Provisions

1. Introduction and Acceptance of Terms

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Prked Technologies Inc., a Delaware corporation (“Prked,” “Company,” “we,” “us,” or “our”), governing your access to and use of the Prked platform, including the website located at https://prked.com (the “Website”), the Prked mobile application available on the Apple App Store (the “App”), and all related services, features, content, and functionality offered through these platforms (collectively, the “Services” or the “Platform”).

BY ACCESSING, BROWSING, OR USING THE PLATFORM IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING THE WEBSITE, DOWNLOADING THE APP, CREATING AN ACCOUNT, LISTING A SPACE, MAKING A RESERVATION, OR OTHERWISE UTILIZING ANY FEATURE OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR Privacy Policy, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE PLATFORM.

Prked reserves the right to modify, amend, or update these Terms at any time and in its sole discretion. Any changes will be effective immediately upon posting the revised Terms on the Platform with an updated “Last Revised” date. Your continued use of the Platform following the posting of revised Terms constitutes your acceptance of and agreement to the revised Terms. It is your responsibility to review these Terms periodically for changes. If you do not agree to the modified Terms, you must discontinue use of the Platform.

2. Platform Description and Scope of Services

2.1 What Prked Is

Prked is a peer-to-peer marketplace platform that connects property owners (“Hosts”) who have available space with individuals seeking to rent that space on a temporary or recurring basis (“Guests” or “Renters”). Prked facilitates the listing, discovery, booking, and payment of space rentals across three categories: parking, storage, and boat docking.

2.2 Services Offered

Through the Platform, Prked provides the following services:

Parking Reservations: Guests may search for, compare, and reserve parking spaces listed by Hosts on an hourly, daily, weekly, or monthly basis.
Storage Reservations: Guests may reserve storage spaces for personal items, vehicles, or equipment on a short-term or monthly basis.
Boat Docking Reservations: Guests may reserve dock and slip spaces for marine vessels on a temporary or recurring basis.
Host Services: Tools enabling Hosts to create listings, set pricing and availability, manage bookings, receive payouts, and monitor their performance.
Payment Processing: Secure collection of payments from Guests and distribution to Hosts via our third-party payment processor, Stripe.

2.3 What Prked Is Not

Prked is an intermediary platform only. Prked is not a party to any rental agreement between Hosts and Guests. Prked does not own, operate, manage, or control any listed space. Prked is not the agent, representative, or partner of any Host. Prked does not guarantee the availability, condition, safety, legality, or suitability of any listed space. Prked does not provide insurance of any kind to any User. Prked is not a parking garage operator, storage facility operator, marina operator, or real estate broker.

3. Definitions

The following defined terms apply throughout these Terms:

“Affiliate” means a Host who participates in Prked’s affiliate referral program and earns commissions on bookings attributed to their referral code.
“Content” means any text, images, photographs, descriptions, reviews, ratings, or other materials submitted, posted, or displayed by Users on or through the Platform.
“Guest” or “Renter” means a Registered User who searches for and books space through the Platform.
“Host” means a Registered User who lists space for rent through the Platform and has completed Stripe Connect onboarding.
“Listing” means a Host’s published description of a space available for reservation, including all associated photographs, pricing, availability, features, and instructions.
“Monthly Reservation” means a recurring reservation billed on a monthly subscription basis until cancelled.
“Platform” means the Website, the App, and all related services, features, and functionality.
“Prked Parties” means Prked Technologies Inc. and its officers, directors, employees, agents, affiliates, successors, and assigns.
“Registered User” means any individual who has created an account on the Platform.
“Reservation” means a confirmed booking of a space through the Platform.
“Service Fee” means the fee charged by Prked to Guests on top of the Host’s listed price for each Reservation.
“Standard Reservation” means a one-time reservation (hourly, daily, or weekly) with a single payment.
“Stripe” means Stripe, Inc. and its affiliates, which provide payment processing services.
“User” means any individual who accesses or uses the Platform in any manner, whether or not registered.

4. Eligibility

You must be at least eighteen (18) years of age to access or use the Platform. By accessing or using the Platform, you represent and warrant that you are at least eighteen (18) years of age, that you have the legal capacity to enter into a binding agreement, and that your use of the Platform does not violate any applicable law or regulation.

If you are using the Platform on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and that the entity is legally formed and in good standing under the laws of its jurisdiction of organization.

Prked reserves the right to require proof of age or identity at any time and to deny access to anyone who fails to meet the eligibility requirements set forth herein.

5. Account Registration and Security

5.1 Registration

To access certain features of the Platform, you must create an account by providing accurate, current, and complete information, including your first and last name, a valid email address, a verified phone number, and a password (unless using a social login method). You may register using email and password, Google Sign-In, or Sign in with Apple. You must verify your phone number via SMS one-time passcode as part of the registration process.

5.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify Prked of any unauthorized use of your account or any other breach of security. Prked will not be liable for any loss or damage arising from your failure to protect your account credentials.

5.3 Account Accuracy

You agree to keep all account information accurate, current, and complete at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate suspension or termination of your account.

5.4 One Person, One Account

Each individual may maintain only one account on the Platform. A single User may act as both a Host and a Guest. Creating multiple accounts to circumvent any platform restriction, policy, or enforcement action is strictly prohibited and may result in permanent termination of all associated accounts.

6. Host Terms and Obligations

6.1 Becoming a Host

To become a Host, you must create a Registered User account, complete Stripe Connect onboarding (including business type selection, identity verification, and bank account or debit card linkage), and create at least one Listing that passes Prked’s verification process.

6.2 Listing Creation

Hosts may create Listings using either the manual listing form or the AI-assisted listing tool (“Snap & Go”). Regardless of the creation method, Hosts are solely responsible for the accuracy and completeness of all Listing information, including but not limited to address, space type, dimensions, pricing, availability, access instructions, and photographs.

6.3 Listing Verification

All Listings must be verified before they are visible to Guests in search results. Verification requires the Host to upload documentation proving their legal right to rent the listed space, such as a utility bill, lease agreement, property deed, mortgage statement, tax bill, or other acceptable documentation as determined by Prked. Verification may be performed through automated means (including AI-powered document analysis) or manual review by Prked’s team. Prked reserves the right to approve, reject, or request modifications to any Listing at its sole discretion.

6.4 Host Representations and Warranties

By creating a Listing, you represent and warrant that:

You have the legal right, authority, and all necessary permissions to list and rent the space, including compliance with any lease, HOA, homeowner association, or other agreements that may restrict your ability to rent the property.
All information in your Listing is accurate, truthful, complete, and not misleading.
The space conforms to the description provided in the Listing and is safe for its intended use.
You will honor all confirmed Reservations and make the space available for the full reserved period.
You will comply with all applicable local, state, and federal laws, regulations, ordinances, and zoning requirements related to the rental of your space.
You are solely responsible for obtaining any insurance coverage necessary to protect yourself, your property, and your Guests.
You are solely responsible for determining and remitting all applicable taxes arising from your use of the Platform and any rental income earned.

6.5 Host Pricing and Platform Commission

Hosts set their own prices for each Listing. Prked retains a platform commission on each Reservation. The current commission rate is disclosed to Hosts during onboarding and visible on each transaction. The Host receives the subtotal for each Reservation, less the applicable platform commission. Prked reserves the right to modify its commission structure upon reasonable notice to Hosts.

6.6 Listing Management

Hosts may deactivate (pause) or delete their Listings at any time through the Host dashboard. Deactivating a Listing hides it from search results but preserves the Listing data for future reactivation. Deleting a Listing permanently removes it from the Platform. Neither deactivation nor deletion will affect Reservations that have already been confirmed.

6.7 Cancellation Policy Options

Hosts may select a cancellation policy from the options provided by Prked (Flexible, Moderate, Firm, or Strict), which governs the timeframe within which Guests may cancel for a refund. The specific terms of each cancellation policy are displayed to Guests at the time of booking.

6.8 Listing Visibility and Enforcement

Prked reserves the right to limit the visibility of any Listing, including removing it from search results or suspending new bookings, for any reason, including but not limited to suspected fraud, policy violations, safety concerns, or excessive dispute rates. Prked may take immediate action without prior notice where it determines such action is necessary to protect the Platform or its Users.

7. Guest Terms and Obligations

7.1 Booking and Payment

All Reservations on Prked are instant bookings that do not require Host approval. When you complete a Reservation, your payment method is charged immediately for the full amount, including the subtotal and the applicable Service Fee. By completing a Reservation, you authorize Prked to charge your payment method for the total amount displayed at checkout.

7.2 Guest Representations and Warranties

By making a Reservation, you represent and warrant that:

You will provide accurate and complete information, including vehicle license plate number (for parking reservations), boat registration number (for docking reservations), or item descriptions (for storage reservations).
You will arrive and vacate the space within the reserved time window.
You will comply with all Listing rules, access instructions, and property-specific requirements provided by the Host.
You will treat the Host’s property with respect and will not cause any damage.
Your Reservation is for personal use only, and you will not resell, transfer, or assign any Reservation to any third party.
You have a valid payment method and sufficient funds to cover the total cost of the Reservation.

7.3 Inspection and Assumption of Risk

Upon arriving at a listed space, the Guest is responsible for inspecting the space and determining whether it is suitable for their intended use. Proceeding to use the space after arrival constitutes the Guest’s acceptance of its condition at the time of use. If the space does not match the Listing description or presents safety concerns, the Guest should leave the space immediately and contact Prked at help@Prked.com.

7.4 Post-Booking Information Sharing

Upon confirmation of a Reservation, the Guest will receive the Host’s full street address, access instructions, and Host contact information (phone number and email). This information is provided solely for the purpose of facilitating the Reservation and must not be used for any other purpose. Similarly, the Host will receive the Guest’s name, email address, phone number, and vehicle license plate number (for parking reservations). By making or accepting a Reservation, both parties consent to this exchange of information.

7.5 Ratings and Reviews

After completing a Reservation, Guests may submit a rating (1 to 5 stars) and an optional written review of their experience. Ratings and reviews are publicly displayed on the Host’s Listing. Reviews must be honest, accurate, and related to the Guest’s actual experience. Prked reserves the right to moderate and remove reviews that are fraudulent, abusive, discriminatory, unrelated to the service, or that otherwise violate these Terms.

8. Pricing, Fees, and Payment

8.1 Pricing

Prices for each Listing are set by the Host. For Standard Reservations, the system automatically calculates and applies the most favorable pricing option for the Guest based on the Host’s hourly, daily, and weekly rates. For Monthly Reservations, the Host’s flat monthly rate applies. For storage and docking spaces with partial reservation support, pricing may be prorated based on the area requested. All prices are in United States Dollars (USD). All pricing calculations are performed on the server side to ensure accuracy and prevent manipulation.

8.2 Service Fees

Prked charges Guests a Service Fee on each Reservation. The Service Fee is a variable percentage of the subtotal and is clearly displayed to the Guest at checkout before payment is confirmed. For Standard Reservations, the Service Fee is calculated using a dynamic algorithm that considers the subtotal amount and the booking lead time. For Monthly Reservations, the Service Fee is based on a graduated tiered structure determined by the monthly price. A fixed payment processing fee is included in each Service Fee. The applicable Service Fee is always displayed to the Guest at checkout prior to completing a Reservation. Prked reserves the right to modify the Service Fee structure at any time.

8.3 Payment Processing

All payments are processed through Stripe. By making a payment through the Platform, you agree to Stripe’s Payment Services Agreement (available at stripe.com/ssa) in addition to these Terms. Prked does not store, collect, or process credit card or debit card numbers directly. All payment information is handled securely by Stripe in compliance with PCI DSS standards.

8.4 Payment Authorization

By providing a payment method and completing a Reservation, you authorize Prked to charge your payment method for the total amount due, including the subtotal and Service Fee. For Monthly Reservations, you authorize Prked to charge your payment method on a recurring monthly basis until the subscription is cancelled. Charges will appear on your bank or credit card statement as “PRKED.COM/HELP.”

8.5 Pricing Errors

Despite our best efforts, pricing errors may occasionally occur. Prked is under no obligation to honor a Reservation at an incorrectly listed price. If a pricing error is discovered, Prked reserves the right to cancel the Reservation and issue a full refund.

9. Cancellations and Refunds

9.1 Standard Reservation Cancellations

Guest-Initiated Cancellation: If a Guest cancels a Standard Reservation before the Host’s transfer has been completed (approximately two days after the Reservation end time), the Guest will receive a refund of the subtotal. Service Fees are retained to cover platform and payment processing costs.

Host-Initiated Cancellation: If a Host cancels a Standard Reservation, the Guest will receive a full refund of the total amount paid, including the Service Fee.

Admin-Initiated Cancellation: Prked may cancel any Reservation at its discretion and may issue either a full or partial refund as it deems appropriate.

9.2 Monthly Reservation Cancellations

Guest-Initiated Cancellation: If a Guest cancels a Monthly Reservation, the subscription will terminate at the end of the current billing period. The Guest retains full access to the space through the remainder of the paid period. No further charges will be incurred after the current period ends.

Host-Initiated Cancellation: If a Host cancels a Monthly Reservation, the subscription is terminated immediately and the Guest receives a full refund of the most recent monthly charge.

9.3 Refund Processing

All refunds are processed back to the original payment method via Stripe. Refund processing typically takes five (5) to ten (10) business days from the date the refund is initiated, though the exact timing depends on your financial institution.

9.4 No Cancellation After Transfer

Standard Reservations cannot be cancelled and refunds cannot be issued after the Host’s transfer has been completed (approximately two days after the Reservation end time). After that point, the transaction is considered final.

9.5 Refund Requests

Refund requests may be submitted via the Platform’s refund page or by emailing help@Prked.com. Prked will respond to refund requests within twenty-four (24) hours.

10. Payouts to Hosts

10.1 Payout Amount

Hosts receive the subtotal for each Reservation, less the applicable platform commission (the “Transfer Amount”). The current commission rate is disclosed to Hosts during onboarding.

10.2 Payout Timing

The Transfer Amount is transferred to the Host’s Stripe Connect balance approximately two (2) days after the Reservation end time for Standard Reservations, or approximately two (2) days after the end of the current billing period for Monthly Reservations. Prked processes transfers on a rolling daily basis.

10.3 Cash Out

Hosts may withdraw funds from their Stripe balance to their linked bank account or debit card at any time, subject to a minimum withdrawal amount of twenty-five dollars ($25.00). Funds typically arrive within twenty-four (24) hours of requesting a withdrawal. All payouts are on-demand; there is no automatic payout schedule.

10.4 Transfer Holds and Reversals

Prked may hold, delay, or reverse any transfer to a Host in the event of a Guest cancellation, chargeback, dispute, suspected fraud, investigation, or any other circumstance in which Prked determines, in its sole discretion, that a hold or reversal is warranted. In the event of account termination, pending Host payouts may be held for up to ninety (90) days to allow for resolution of any outstanding disputes, chargebacks, or claims. After such period, any remaining balance will be disbursed to the Host’s linked payout method, less any amounts owed to Prked or offset against valid claims.

11. Monthly Subscriptions and Recurring Payments

Monthly Reservations are billed as recurring subscriptions through Stripe. By booking a Monthly Reservation, you authorize Prked to charge your payment method on a recurring monthly basis at the applicable rate until the subscription is cancelled by either party.

11.1 Auto-Renewal

Monthly Reservations automatically renew at the beginning of each billing period. You will be charged the applicable monthly rate plus the Service Fee at the start of each renewal period. It is your responsibility to cancel before the next billing period if you do not wish to continue.

11.2 First-Month Discounts

Certain Listings may offer a promotional discount on the first month of a Monthly Reservation. The discounted rate applies only to the first billing period. All subsequent periods are billed at the full monthly rate.

11.3 Failed Payments

If a recurring payment fails, Prked will notify you via email and SMS and will attempt to retry the charge. You are responsible for updating your payment method to ensure uninterrupted service. Repeated payment failures may result in cancellation of the Reservation and termination of access to the space.

12. Disputes, Chargebacks, and Resolution

12.1 User-to-User Disputes

Prked encourages Hosts and Guests to resolve disputes directly. If a dispute between a Host and Guest cannot be resolved within forty-eight (48) hours, either party may submit a support ticket to help@Prked.com. Prked reserves the right, but is not obligated, to mediate any dispute and to make a final determination that shall be binding and non-appealable.

12.2 Support Ticket Deadline

Guests should report any issues related to a Reservation within forty-eight (48) hours of the Reservation commencement. Prked may, at its sole discretion, consider claims submitted after this period if the Guest demonstrates good cause for the delay. After funds have been released to the Host, Prked’s ability to resolve claims may be limited.

12.3 Dispute Resolution Authorization

By creating an account and using the Platform, you authorize Prked to charge your payment method on file up to two hundred fifty dollars ($250.00 USD) to cover verified property damage, unauthorized overstays, or other costs arising from your use of a listed space, as determined through Prked’s dispute resolution process.

12.4 Chargebacks

If a payment dispute or chargeback is initiated with your financial institution, Prked reserves the right to immediately suspend your account pending investigation and resolution of the dispute. Prked may contest the chargeback, reverse any pending or completed transfers to Hosts, and recover any amounts owed from you, including costs and fees incurred in responding to the chargeback.

13. Affiliate and Referral Programs

13.1 Affiliate Program

Hosts may participate in Prked’s affiliate program by generating a unique referral code. When a Guest completes a Standard Reservation using an affiliate’s referral code, the affiliate earns a commission of five percent (5%) of the subtotal. Attribution is tracked via a browser cookie with a thirty (30) day attribution window. Affiliate commissions are paid to the affiliate’s Stripe Connect balance on the same schedule as Host payouts. The affiliate program applies only to Standard Reservations and does not apply to Monthly Reservations.

13.2 Host Referral Program

Existing Hosts may refer new Hosts to the Platform. When a referred Host successfully creates and publishes their first Listing, the referring Host may receive a referral bonus of twenty dollars ($20.00), subject to Prked’s verification and approval. Prked reserves the right to modify, suspend, or terminate any referral program at any time.

13.3 Promotional Codes and Credits

Prked may from time to time offer promotional codes, credits, or other incentives. Promotional codes may only be used with a valid Prked account, are limited to one code per Reservation unless otherwise stated, expire on the stated date, cannot be redeemed for cash (cash value: $0.001), are non-transferable, and must be applied at the time of booking. Prked reserves the right to modify or cancel any promotional program at any time without notice.

14. Prohibited Conduct

You agree that you will not, and will not assist or enable any third party to:

Use robots, spiders, scrapers, crawlers, or other automated tools to access the Platform or extract data from it.
Impose an unreasonable or disproportionately large load on the Platform’s infrastructure.
Interfere with, disrupt, or compromise the security or integrity of the Platform or any server, network, or system connected thereto.
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform or any component thereof.
Copy, reproduce, rent, lease, sublicense, or distribute any portion of the Platform.
Remove, alter, or obscure any proprietary notices, trademarks, or copyright notices on the Platform.
Use the Platform for any illegal, fraudulent, or unauthorized purpose.
Post, upload, or transmit any content that is illegal, malicious, threatening, obscene, racist, defamatory, libelous, pornographic, infringing, harassing, or otherwise objectionable.
Post spam, chain letters, pyramid schemes, or viruses.
Harass, intimidate, or threaten any other User.
Use the Services while operating a motor vehicle or any other type of vehicle.
Circumvent the Platform to conduct any transaction directly with a Host or Guest outside of the Platform.
Resell, transfer, or assign any Reservation to a third party.
Solicit any Host or Guest for purposes unrelated to the Services.
Create false or misleading Listings, reviews, ratings, or account information.
List any space for which you do not have the legal right or authority to rent.
Attempt to manipulate search rankings, pricing calculations, or any other Platform algorithm.
Use any information obtained from the Platform to contact, advertise to, solicit, or sell to any User outside of the Platform.
Publicly disseminate performance data, competitive benchmarking results, or analysis of the Platform without Prked’s prior written consent.

15. AI-Generated Content

Prked utilizes artificial intelligence (AI) technology to assist Hosts in creating Listing descriptions and to generate certain platform content, including blog posts and event information. By using the AI-assisted listing creation feature, you acknowledge and agree that:

The AI-generated content is provided as a starting point and the Host is solely responsible for reviewing, editing, and ensuring the accuracy of all Listing information before publication.
Prked makes no representations or warranties regarding the accuracy, completeness, or fitness for any particular purpose of AI-generated content.
The Host remains fully responsible for the content of their Listing regardless of whether it was generated by AI.
AI-generated Listing descriptions are subject to the same Content license and ownership terms set forth in Section 21.

16. Insurance, Safety, and Liability Disclaimers

16.1 No Insurance Provided

PRKED DOES NOT PROVIDE ANY INSURANCE COVERAGE TO ANY USER AT ANY TIME. THIS INCLUDES, WITHOUT LIMITATION, VEHICLE INSURANCE, PROPERTY DAMAGE INSURANCE, THEFT COVERAGE, LIABILITY INSURANCE, OR ANY OTHER FORM OF INSURANCE COVERAGE.

16.2 Host Insurance Responsibility

Hosts are solely responsible for obtaining and maintaining all insurance coverage necessary and appropriate for renting out their space, including but not limited to property insurance, liability insurance, and any other coverage required by applicable law or prudent business practice. Prked strongly recommends that all Hosts consult with their insurance provider before listing any space on the Platform to ensure adequate coverage.

16.3 Guest Assumption of Risk

WHEN YOU ENTER INTO A RESERVATION AND USE A HOST’S SPACE, YOU DO SO AT YOUR OWN RISK. PRKED DOES NOT GUARANTEE THE SAFETY, SECURITY, CONDITION, LEGALITY, OR SUITABILITY OF ANY LISTED SPACE. ALL PARKING, STORAGE, AND DOCKING TRANSACTIONS ARE ENTERED INTO AT YOUR OWN RISK. PRKED CANNOT AND DOES NOT GUARANTEE THE SECURITY OF YOUR VEHICLE, VESSEL, STORED ITEMS, OR THEIR CONTENTS.

16.4 No Guarantee of Availability

PRKED ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE ACTUAL AVAILABILITY OF ANY SPACE AT ANY LOCATION AT ANY GIVEN TIME. A CONFIRMED RESERVATION DOES NOT CONSTITUTE A WARRANTY, GUARANTEE, OR REPRESENTATION THAT THE SPECIFIC SPACE WILL BE AVAILABLE OR ACCESSIBLE.

16.5 Stolen Vehicles, Vessels, or Items

If your vehicle, vessel, or stored items are stolen, you must contact the police and your personal insurance provider immediately. Prked bears no responsibility or liability for theft of any kind.

16.6 Property Damage

Prked is not responsible for any damage to a Host’s property caused by a Guest, nor for any damage to a Guest’s vehicle, vessel, or stored items caused by a Host or any third party. Any claims for property damage must be resolved directly between the Host and Guest, and through their respective insurance providers.

17. Verification and Identity Requirements

17.1 Host Property Verification

All Hosts must submit documentation verifying their legal right to rent the listed property. Acceptable documents include utility bills, lease agreements, property deeds, mortgage statements, tax bills, insurance policies, HOA documents, landlord authorization letters, and government-issued identification showing the property address. Prked may use automated AI-powered verification or manual review. Prked reserves the right to reject any documentation it deems insufficient.

17.2 Host Identity Verification

Hosts must complete Stripe’s Know Your Customer (KYC) verification process, which may require submission of your legal name, date of birth, address, Social Security Number (SSN), Employer Identification Number (EIN), and/or government-issued photo identification. This information is collected and processed by Stripe, not by Prked. Prked stores only verification status information, never raw identity documents or SSN data.

17.3 Verification Is Not Endorsement

Verification of a Host, Listing, or property does not constitute an endorsement, guarantee, or certification by Prked of the Host’s identity, the accuracy of the Listing, the safety or legality of the space, or any other matter. Users should exercise their own judgment and due diligence.

18. Tax Compliance

Prked is classified as a Third-Party Settlement Organization (TPSO) and is required to file IRS Form 1099-K for Hosts who meet the applicable reporting thresholds. Prked will make 1099-K forms available to eligible Hosts by January 31 of each year for the prior tax year.

HOSTS ARE SOLELY RESPONSIBLE FOR REPORTING ALL INCOME EARNED THROUGH THE PLATFORM ON THEIR TAX RETURNS, REGARDLESS OF WHETHER A 1099-K FORM IS ISSUED.

Prked does not provide tax advice, and Hosts should consult a qualified tax professional for guidance on their specific tax obligations. State and local tax obligations are entirely the Host’s responsibility.

19. Arbitration Agreement and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

19.1 Binding Arbitration

You and Prked agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or the Services (collectively, “Disputes”) will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under the AAA Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, as modified by this Section. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

19.2 Arbitration Procedures

The arbitration shall be conducted by a single commercial arbitrator certified by the AAA. The arbitration shall take place in Palm Beach County, Florida, unless the parties mutually agree to a different location. The proceedings and any results shall be confidential. Each party shall bear its own attorneys’ fees and costs, unless a statute or other applicable law provides otherwise.

19.3 Arbitration Fees

Filing and administration fees shall be governed by the AAA’s applicable fee schedule. If the AAA’s rules require Prked to pay a larger share of the administrative fees, Prked will do so in accordance with those rules.

19.4 Class Action Waiver

YOU AND PRKED AGREE THAT ANY CLAIMS MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

If this class action waiver is found to be unenforceable, then the entirety of this arbitration agreement shall be null and void, and the dispute shall proceed in court.

19.5 Exceptions to Arbitration

Notwithstanding the foregoing, the following claims are excluded from arbitration:

Claims that may be brought in small claims court, provided the claim falls within that court’s jurisdictional limits.
Claims for defamation or violations of the Computer Fraud and Abuse Act.
Claims for patent, copyright, trademark, or trade secret infringement.
Requests for emergency equitable relief necessary to prevent irreparable harm.

Any claims excluded from arbitration shall be brought exclusively in the state or federal courts located in Palm Beach County, Florida, and you consent to the personal jurisdiction of such courts.

19.6 Opt-Out

You may opt out of this arbitration agreement by sending written notice to help@Prked.com within thirty (30) days of first accepting these Terms. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, the remainder of these Terms shall continue to apply.

20. Communications and Notifications

By creating an account on the Platform, you consent to receiving communications from Prked via email, SMS, and push notifications, including but not limited to Reservation confirmations, payment confirmations, cancellation notices, payment failure notices, listing reminders, and promotional communications.

Transactional messages (relating to your Reservations, payments, and account security) cannot be opted out of. You may opt out of promotional communications by following the unsubscribe instructions in the applicable email or by contacting help@Prked.com.

Standard messaging and data rates may apply to SMS notifications. You may opt out of SMS messages by responding “STOP” to any message. Opting out of SMS may limit the functionality of your account.

21. Intellectual Property

21.1 Prked’s Intellectual Property

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and other content available through the Platform (collectively, “Platform Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Platform Content, is owned, controlled, or licensed by Prked and is protected by copyright, patent, trademark, trade dress, and other intellectual property laws. Except as expressly provided in these Terms, no part of the Platform or Platform Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial purpose without Prked’s prior written consent.

21.2 License to Users

Subject to your compliance with these Terms, Prked grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for your personal, non-commercial use in connection with the Services. This license does not include any right to resell or commercially use the Platform or its contents, collect and use any product listings or descriptions, make any derivative use of the Platform or its contents, or download or copy account information for the benefit of any third party.

21.3 User Content License

By submitting, posting, or displaying any Content on or through the Platform (including Listing descriptions, photographs, and reviews), you grant Prked a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such Content in any media or distribution method now known or later developed, for any purpose, including commercial purposes, without further notice or compensation to you.

22. Digital Millennium Copyright Act (DMCA) Notice

If you believe that content available through the Platform infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the following information in writing to Prked’s Copyright Agent:

A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
Identification of the copyrighted work claimed to have been infringed.
Identification of the material that is claimed to be infringing, with information reasonably sufficient to locate the material on the Platform.
Your contact information, including address, telephone number, and email address.
A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Copyright Agent: Prked Technologies Inc., Email: Info@Prked.com

23. Data Sharing Between Users

To facilitate Reservations, certain personal information is shared between Hosts and Guests. By using the Platform, you consent to the following data sharing:

Information Shared with Hosts: Guest’s first name, last name, email address, phone number, vehicle license plate number (for parking), boat registration number (for docking), item descriptions (for storage), and Reservation details (dates, times, amount).

Information Shared with Guests: Host’s first name, full property address, access instructions, parking rules, and aggregate ratings and reviews.

Publicly Visible Information: Listing titles, descriptions, photographs, pricing, amenities, Host’s first name, and aggregate ratings are visible to all Users, including unregistered visitors.

Users agree not to use any personal information received through the Platform for any purpose other than facilitating the specific Reservation for which it was shared. Misuse of personal information, including but not limited to spam, harassment, or unauthorized marketing, is strictly prohibited and may result in immediate account termination.

24. Account Suspension and Termination

24.1 Prked’s Right to Terminate

Prked may suspend or terminate your account at any time, with or without cause, at Prked’s sole discretion. Common grounds for termination include, but are not limited to, violation of these Terms, fraudulent activity, excessive chargebacks or disputes, providing inaccurate information, or conduct harmful to the Platform or its Users.

24.2 Effects of Termination

Upon termination of your account:

All rights and licenses granted to you under these Terms will immediately terminate.
You will lose access to all Platform features and functionality.
Any credits, rewards, or promotional balances will be forfeited.
Active Reservations may be cancelled at Prked’s discretion.
Pending Host payouts will be handled in accordance with Section 10.4 (Transfer Holds and Reversals).
Prked may remove your Listings and associated Content from the Platform.

Data deletion will be handled in accordance with Prked’s Privacy Policy and applicable data retention requirements.

24.3 User’s Right to Terminate

You may discontinue use of the Platform at any time. To request deletion of your account and associated data, visit the data deletion instructions page on the Website or contact help@Prked.com. Account deletion is subject to any outstanding Reservations, pending payouts, unresolved disputes, or other obligations under these Terms.

24.4 Survival

The following sections survive any termination of these Terms: Section 12 (Disputes), Section 16 (Insurance and Liability), Section 19 (Arbitration), Section 21 (Intellectual Property), Section 27 (Limitation of Liability), Section 28 (Indemnification), and Section 31 (General Provisions), along with any other provisions that by their nature should survive termination.

25. Third-Party Services and Links

The Platform integrates with and relies upon third-party services, including but not limited to Stripe (payment processing), Google Maps and Apple MapKit (mapping and location services), Algolia (search), SendGrid (email), Twilio (SMS), and Zendesk (customer support). Your use of these third-party services is subject to their respective terms of service and privacy policies. Prked is not responsible for the availability, accuracy, content, or practices of any third-party services.

The Platform may contain links to third-party websites or resources. Prked has not reviewed all linked sites and is not responsible for the content, accuracy, or practices of any third-party website. Inclusion of a link does not imply endorsement by Prked.

26. Electronic Agreement and Consent

By using the Platform, you consent to receiving all agreements, notices, disclosures, and other communications from Prked electronically, including via email, SMS, push notifications, or postings on the Platform. You agree that all such electronic communications satisfy any legal requirement that such communications be in writing.

You acknowledge that by clicking “I agree,” “Sign Up,” “Book Now,” or any similar button or mechanism on the Platform, you are providing your electronic signature and are entering into a legally binding agreement.

27. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PRKED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

Your access to, use of, or inability to access or use the Platform or the Services.
Any conduct or content of any User or third party on the Platform.
Any content obtained from the Platform.
Unauthorized access, use, or alteration of your transmissions or content.
Any Reservation, including any dispute between a Host and a Guest.
The condition, safety, legality, or availability of any listed space.
Any damage to or theft of your vehicle, vessel, stored items, or other property.
Any act or omission of any Host, Guest, or other third party.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE PRKED PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF FEES PAID BY YOU TO PRKED IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

THE LIMITATIONS OF THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND REGARDLESS OF WHETHER THE PRKED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

27.1 Limitation on Injunctive Relief

In no event shall any User be entitled to seek or obtain injunctive or other equitable relief that would interfere with the operation of the Platform or constrain Prked from operating, modifying, or discontinuing the Platform or any feature thereof in any manner.

28. Disclaimer of Warranties

THE PLATFORM AND ALL SERVICES, CONTENT, AND FUNCTIONALITY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PRKED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT ON THE PLATFORM, INCLUDING LISTING INFORMATION, RATINGS, REVIEWS, OR AI-GENERATED CONTENT.
WARRANTIES REGARDING THE SAFETY, CONDITION, LEGALITY, OR SUITABILITY OF ANY LISTED SPACE.
WARRANTIES THAT ANY DATA STORED ON THE PLATFORM WILL BE PRESERVED OR MAINTAINED.

PRKED DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A HOST, GUEST, OR OTHER THIRD PARTY THROUGH THE PLATFORM.

29. Indemnification

You agree to indemnify, defend, and hold harmless the Prked Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to:

Your use of, or inability to use, the Platform or the Services.
Any Content you submit, post, or display on or through the Platform.
Any Reservation you make or accept through the Platform.
Your violation of these Terms or any applicable law, regulation, or ordinance.
Your violation of any rights of any third party, including any intellectual property, privacy, or publicity rights.
Any dispute between you and any other User.
Your use of the Platform while operating a motor vehicle.
Any property damage, personal injury, or other harm arising from your use of any listed space.

Prked reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any matter without the prior written consent of Prked.

30. Governing Law and Statute of Limitations

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Prked agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Palm Beach County, Florida.

Any claim or cause of action arising out of or relating to these Terms or your use of the Platform must be filed within one (1) year after the claim or cause of action arose, or it is permanently barred. This limitation applies regardless of whether the claim or cause of action is based in contract, tort, statute, or any other legal theory.

31. Force Majeure

Prked shall not be liable for any failure or delay in performing any obligation under these Terms where such failure or delay results from any cause beyond Prked’s reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, embargoes, acts of civil or military authority, fire, floods, earthquakes, accidents, strikes, labor disputes, power failures, internet or telecommunications failures, equipment failures, or government actions. During any such period, Prked’s obligations under these Terms shall be suspended to the extent affected by the force majeure event.

32. General Provisions

32.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Prked regarding the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, negotiations, and proposals, whether written or oral.

32.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, such provision shall be severed from these Terms and the remaining provisions shall continue in full force and effect.

32.3 Waiver

The failure of Prked to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any right or provision shall be effective only if made in writing and signed by an authorized representative of Prked.

32.4 Assignment

Prked may assign or transfer these Terms, in whole or in part, without your consent and without prior notice. You may not assign or transfer these Terms or any rights or obligations hereunder without Prked’s prior written consent. Any purported assignment in violation of this section shall be null and void.

32.5 No Agency

Nothing in these Terms shall be construed to create a joint venture, partnership, employment, or agency relationship between you and Prked. Prked is not a party to any rental agreement between Hosts and Guests and is not the agent of any Host or Guest.

32.6 No Third-Party Beneficiaries

These Terms do not confer any rights or remedies upon any person or entity other than the parties hereto. No third party is an intended beneficiary of these Terms, and no third party shall have any right to enforce any provision of these Terms.

32.7 Export Control

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC), and the International Traffic in Arms Regulations maintained by the U.S. Department of State.

32.8 Government End Users

If you are a U.S. government end user, the Platform is deemed “commercial computer software” and “commercial computer software documentation” as defined in 48 C.F.R. §2.101, and its use, duplication, and disclosure are subject to the restrictions set forth in these Terms.

32.9 Headings

The headings in these Terms are for convenience only and shall not affect the interpretation or construction of these Terms.

32.10 Contact Information

If you have any questions about these Terms, please contact us at:

Prked Technologies Inc.
Email: help@Prked.com
Website: https://prked.com