Terms of Service

1. Acceptance of the Terms

By creating an account, selecting an acceptance control, confirming a parking transaction, or accessing or using OpenSpots, you agree to these Terms. If you do not agree, do not use the service.

If you use OpenSpots for an organization, you represent that you have authority to bind that organization. These Terms do not alter rights that cannot lawfully be waived.

2. Eligibility and Accounts

You must be at least 18 years old to use OpenSpots. You must also be legally authorized to operate the vehicle used with the service. A driver’s license or learner’s permit alone does not override the 18-year minimum. OpenSpots does not currently offer a teen-driver or parental-consent program.

You are responsible for:

• Providing accurate, current account and vehicle information
• Maintaining only accounts and payment methods you are authorized to use
• Protecting your password, device, and account credentials
• Promptly notifying us of suspected unauthorized use

You may not transfer your account or allow another person to use it in a way that violates these Terms or applicable law.

3. The OpenSpots Service

Depending on the location and feature availability, OpenSpots may provide:

• Parking availability and map-based parking discovery
• Sensor-supported parking detection
• Reservations for properties, events, zones, or spaces
• Metered and flat-rate parking
• Pending and active parking-session management
• Payment processing and receipts
• Account and vehicle management
• Transactional email and push notifications

Not every feature, payment type, space, or notification channel is available at every property or on every device. We may add, change, suspend, or discontinue features, subject to applicable law and any completed transaction.

4. Parking Availability and Sensor Information

Availability may be based on connected sensors, device-location signals, maps, parking-operator information, user activity, or other system inputs. A space shown as available may become occupied before you arrive.

Sensors, location services, maps, networks, and notifications can be delayed, unavailable, incomplete, or inaccurate. OpenSpots does not guarantee that a displayed space remains available or that arrival and departure detection will always be correct.

You must inspect physical signs, parking restrictions, rates, accessibility designations, time limits, operating hours, and property conditions before parking. A technical problem never authorizes illegal, unsafe, inaccessible, or otherwise prohibited parking.

5. Reservations

A reservation applies only to the property, date, time, event, zone, space, and access period displayed in the transaction. Reservations are not transferable unless OpenSpots expressly permits a transfer.

You must follow check-in directions, confirmation requirements, property rules, and arrival instructions. A reservation does not excuse late arrival or noncompliance with posted restrictions.

If a properly confirmed reserved space is unavailable, report the problem through the billing-problem process in Section 10. We will review the circumstances under these Terms, property-specific terms, and applicable law.

6. Metered Parking Sessions

Metered charges may depend on actual session duration, displayed rates, operating schedules, disclosed fees, and taxes. The app may display an estimated or running amount; the final amount may reflect actual duration, applicable taxes, disclosed rates, or a valid correction.

Property-specific free periods or operating schedules apply only when displayed for that property. You may need to start, confirm, or end a session manually when instructed. OpenSpots does not promise that every metered session will end automatically through sensor detection.

You remain responsible for checking whether a session is active and whether it has ended. Contact support promptly if the displayed session does not match your parking activity.

7. Flat-Rate Parking

For flat-rate parking, the disclosed fixed amount may be charged when you confirm the session or purchase. A flat-rate price covers only the property, access period, event, date, zone, or space described at checkout.

Flat-rate purchases are generally final after confirmation. Remaining after the authorized period may result in additional charges or parking-operator enforcement when legally permitted and properly disclosed.

8. Pending Sessions, Confirmation and Completion

OpenSpots may detect that a vehicle appears to have entered or occupied a connected parking space and create a pending session. You may be asked to review and confirm it.

When clearly disclosed in the app, a pending session may begin automatically after the displayed confirmation period if the connected space continues to appear occupied. If the space appears unoccupied, the pending session may be removed.

You must review property, space, vehicle, rate, and timing information and promptly report an incorrect session. OpenSpots does not promise flawless arrival, occupancy, confirmation, or departure detection. Session completion may require user action, operator action, sensor information, or another disclosed process.

9. Payments, Authorizations and Charges

By adding or selecting a payment method and confirming a transaction, you authorize OpenSpots and its payment processor to charge that method for displayed parking rates, applicable taxes, and disclosed fees. Charge timing depends on the parking type and disclosures shown before confirmation. Reservation purchases are typically charged at checkout. Other parking types may charge when the session is confirmed, when the session ends, or at another disclosed time. A saved payment method may be required before you can start certain parking features even if the charge occurs later.

Stripe processes card payments for OpenSpots. Stripe’s terms and privacy policy also apply to its processing. Your bank or card issuer may separately impose terms or charges.

A payment may fail, be declined, remain processing, or be delayed. You remain responsible for valid charges and must provide another authorized method when required. OpenSpots may retry or correct a charge as permitted by law and the payment-network rules.

We may send or display receipts and payment confirmations. Processor or network delays can affect when a charge or receipt appears.

10. Final Transactions, Billing Problems, Refunds and Credits

Confirmed parking transactions and completed purchases are generally final, and users generally cannot cancel a confirmed session or purchase. Nothing in these Terms limits refund or cancellation rights required by applicable law.

We may investigate duplicate or incorrect charges, confirmed system errors, and parking-operator cancellations. When appropriate, a confirmed monetary overcharge may be corrected or refunded to the original payment method.

For other service problems, OpenSpots may issue a discretionary service credit. Credits have no cash value, are nontransferable, and may be subject to reasonable expiration, use, account, or property conditions disclosed when issued.

Report a billing problem to support@openspots.app within 30 days after the charge appears, when reasonably possible. This reporting period does not reduce a longer non-waivable period provided by law. We may request receipts, screenshots, vehicle details, location information, or other reasonable evidence.

A chargeback does not eliminate an amount legitimately owed. OpenSpots may provide accurate transaction records to the payment processor or financial institution and may restrict an account while a dispute or unpaid balance remains unresolved.

11. Parking Operators and Property Rules

Parking owners and operators are separate from OpenSpots unless a transaction expressly states otherwise. Operators may establish rates, hours, time limits, access rules, event restrictions, eligibility requirements, and enforcement practices. Terms displayed for a specific transaction also apply.

OpenSpots does not own or control every listed property and does not control towing, citations, booting, law enforcement, site security, physical property conditions, theft, or vehicle damage. You remain responsible for posted signs and applicable law.

Nothing in these Terms disclaims responsibility that OpenSpots cannot lawfully disclaim. Non-waivable law controls over conflicting terms.

12. User Responsibilities

You agree to:

• Keep account, vehicle, and license-plate information accurate
• Review the property, rate, taxes, fees, and session details before confirming
• Start, confirm, or end a session correctly when user action is required
• Confirm that the displayed property or space matches your vehicle’s location
• Follow signs, operator rules, accessibility restrictions, and applicable law
• Maintain a functioning device, adequate battery, and network connection when needed
• Monitor active sessions instead of relying only on notifications
• Promptly report unauthorized account or payment activity

13. Prohibited Conduct

You may not:

• Commit fraud, payment abuse, chargeback abuse, or unlawful activity
• Provide false account, identity, vehicle, plate, location, or transaction information
• Circumvent parking controls, rates, time limits, access rules, or enforcement
• Damage, move, block, disable, or interfere with sensors or parking infrastructure
• Scrape, harvest, copy, or extract service data through unauthorized means
• Use bots, scripts, or automated methods to misuse the service
• Conduct unauthorized vulnerability scanning, penetration testing, or security testing
• Impersonate another person or misrepresent affiliation
• Harass, threaten, or harm users, operators, staff, or others
• Interfere with another user’s reservation or parking session
• Disrupt the service, networks, accounts, or payment systems
• Reverse engineer, decompile, or attempt to derive source code, except to the extent that applicable law does not permit this restriction

14. Notifications and Electronic Communications

You agree that OpenSpots may send operational communications electronically, including account notices, transactional emails, parking-session notices, reservation notices, receipts, payment notices, security communications, and, where enabled and available, push notifications.

Operational communications are separate from marketing messages. You may have choices for optional communications, but we may still send messages needed to operate the service, complete transactions, protect accounts, or comply with law.

Delivery can be delayed or fail because of device settings, networks, providers, spam filtering, or incorrect contact information. Notifications do not replace your responsibility to monitor a parking session, signs, time limits, or charges.

15. Third-Party Services

OpenSpots may rely on or link to third-party services for payments, authentication, maps, location, hosting, email, sensors, app distribution, and other functions. Third-party terms and privacy policies may apply to their services.

OpenSpots is not responsible for a third party’s independent acts or omissions, except where responsibility cannot lawfully be excluded or where OpenSpots has expressly assumed responsibility.

16. Account Suspension, Termination and Deletion

Suspension or termination by OpenSpots

Subject to applicable law, OpenSpots may restrict, suspend, or terminate an account for suspected fraud, payment abuse, unlawful activity, security risk, a material violation of these Terms, repeated property-rule violations, an unpaid balance, or when legally required. When reasonably possible, we may provide notice and an opportunity to address the issue.

Voluntary account deletion

Signed-in users may initiate deletion in the OpenSpots app through Settings → Profile → Delete Account. The app presents the consequences, requires the user to select YES, DELETE MY ACCOUNT, and then requires a final native confirmation by selecting DELETE ACCOUNT. Recent authentication may be required.

Active parking sessions and upcoming reservations must be completed or resolved before deletion. Pending sessions, payments still processing, or unresolved transaction or security issues may block or delay deletion. Unpaid parking balances must be paid.

Successful deletion signs the user out and returns the app to the Login screen. Deletion permanently removes access through OpenSpots to the account, profile, parking history, reservations, saved vehicles, and saved payment-method details. Account deletion cannot be undone.

If you cannot access the app, use the Account Deletion Request Page or contact support@openspots.app.

Deletion does not require OpenSpots to erase records reasonably retained for transactions and payments, taxes and accounting, chargebacks and disputes, fraud prevention, security, enforcement of legal rights, parking-operator obligations, or other legal requirements. Retained records do not remain accessible through the deleted account.

Suspension, termination, or deletion does not cancel a completed transaction, unpaid balance, dispute obligation, or provision that by its nature should survive.

17. Intellectual Property

OpenSpots and its licensors own the service’s software, designs, trademarks, logos, interfaces, content, data compilations, and technology, except for content or rights owned by users, parking operators, or other third parties.

Subject to these Terms, OpenSpots grants you a limited, nonexclusive, nontransferable, revocable license to use the service for your personal or authorized business parking activities. No other rights are granted.

These Terms do not give OpenSpots ownership of your personal information. You grant only the rights reasonably needed to operate, secure, support, and improve the service as described in these Terms and the Privacy Policy.

18. Feedback

If you voluntarily provide ideas, suggestions, or feedback, you grant OpenSpots a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable right to use and incorporate that feedback without payment or attribution. This license does not apply to personal information except as permitted by our Privacy Policy.

19. Disclaimers

To the extent permitted by law, OpenSpots is provided on an “as is” and “as available” basis. We do not guarantee uninterrupted, error-free, or continuously available service or parking.

Sensor readings, device location, maps, network connections, notifications, operator information, and third-party services may be delayed, incomplete, unavailable, or inaccurate. OpenSpots does not warrant that a displayed space will remain available or that every session will be detected, started, or ended correctly.

These disclaimers do not exclude any warranty, remedy, or liability that cannot legally be excluded, and they do not disclaim OpenSpots’ fraud, willful misconduct, or other conduct for which liability cannot lawfully be limited.

20. Limitation of Liability

To the extent permitted by law, OpenSpots and its officers, employees, contractors, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, goodwill, or business opportunity arising from the service, even if advised that such harm is possible.

To the extent permitted by law, the total aggregate liability of OpenSpots for all claims arising from or relating to the service or these Terms will not exceed the greater of (a) the amount you paid to OpenSpots during the 12 months before the event giving rise to the claim or (b) $500.

The exclusions and cap do not apply to OpenSpots’ fraud, willful misconduct, gross negligence where it cannot be limited, or any liability or remedy that applicable law does not permit us to exclude or limit. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

21. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless OpenSpots and its officers, employees, contractors, and affiliates from third-party claims, damages, judgments, and reasonable costs arising from your unlawful conduct, material breach of these Terms, misuse of the service, violation of another person’s rights, or parking activity that violates applicable law or property rules, but only to the extent caused by you.

This section does not require indemnification for OpenSpots’ negligence, fraud, willful misconduct, or other conduct for which indemnification cannot lawfully be required.

22. Informal Dispute Resolution

Before filing arbitration or a lawsuit, you and OpenSpots agree to try in good faith to resolve the dispute informally for 30 days. Send notice to support@openspots.app with the subject “Dispute Notice.”

Your notice should include your name, the email associated with your account, a description of the dispute, relevant transaction information, and the relief requested. OpenSpots may send its notice to the email associated with your account. Either party may proceed after 30 days if the dispute remains unresolved.

This process does not prevent either party from seeking urgent temporary relief when necessary to prevent immediate harm or from filing in small-claims court as permitted below.

23. Binding Individual Arbitration

Except for matters eligible for small-claims court, valid arbitration opt-outs, and claims or remedies that applicable law does not permit to be arbitrated, you and OpenSpots agree that disputes arising from these Terms or the service will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect.

The Federal Arbitration Act governs this arbitration agreement. Arbitration may occur by documents, telephone, video conference, or at a reasonably convenient in-person location as provided by the AAA Consumer Arbitration Rules. The arbitrator may award the same individual remedies a court could award, including non-waivable statutory remedies.

AAA filing, administration, and arbitrator fees will be allocated under the AAA Consumer Arbitration Rules. OpenSpots will not seek to recover its arbitration fees or attorneys’ fees from a consumer unless the arbitrator determines that a claim was frivolous, filed in bad faith, or permits recovery under applicable law. Nothing creates one-sided consumer fee shifting.

Either party may bring an individual action in a court of competent jurisdiction that qualifies as small-claims court. Non-waivable public-injunctive-relief rights are preserved. If applicable law requires a court to decide a request for public injunctive relief, that request will be decided by the court after the arbitrator decides arbitrable individual claims, to the extent permitted.

Jury-trial waiver: Except for matters properly proceeding in court under this section, you and OpenSpots knowingly waive the right to a trial by judge or jury.

Individual proceedings only: You and OpenSpots agree to bring claims only in an individual capacity, not as a plaintiff or class member in a class, consolidated, collective, or representative proceeding, except where this waiver is prohibited by applicable law.

If the individual-proceedings requirement is finally found unenforceable for a particular claim or remedy, that claim or remedy will proceed in court and the remaining arbitrable matters will remain in individual arbitration. The remainder of this arbitration agreement will be enforced to the fullest extent permitted by law.

24. Arbitration Opt-Out

You may opt out of Section 23 by emailing support@openspots.app within 30 days after you first accept these Terms. Use the subject “Arbitration Opt-Out.”

Include your name, the email address associated with your account, and a clear statement that you want to opt out of binding arbitration. Do not include passwords or full payment-card information. An opt-out applies only to the person and account identified in the notice.

Timely opting out will not otherwise affect your account or the remaining Terms. If you do not timely opt out, Section 23 applies subject to applicable law.

25. Governing Law

Texas law governs these Terms, without regard to conflict-of-law principles. The Federal Arbitration Act governs Section 23. Non-waivable consumer protections in your home jurisdiction remain available to you.

For disputes not subject to arbitration or small-claims court, you and OpenSpots consent to the state and federal courts located in Harris County, Texas, unless applicable law requires another forum.

26. Changes to These Terms

We may update these Terms to reflect changes to the service, law, or business practices. We will post the updated Terms with a new effective date and provide additional notice when required.

Material changes apply prospectively after the effective date. Your continued use after the updated Terms take effect constitutes acceptance where permitted by law. If you do not agree, stop using the service and, if appropriate, delete your account after resolving active transactions and balances.

27. General Provisions

These Terms, the Privacy Policy, and transaction-specific terms are the entire agreement concerning the service and replace prior agreements on the same subject. If transaction-specific terms conflict with these Terms, they control only for that transaction, subject to non-waivable law.

If a provision is unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will continue, except as specifically stated in Section 23. A failure to enforce a provision is not a waiver.

You may not assign these Terms without our written consent. OpenSpots may assign them in connection with a merger, reorganization, financing, or transfer of the service, subject to applicable law. These Terms do not create an employment, agency, partnership, or joint-venture relationship.

Provisions concerning payments, intellectual property, feedback, disclaimers, liability, indemnification, disputes, governing law, and any other provisions that by their nature should survive will remain effective after account termination or deletion.

28. Contact Us

For questions, support, billing problems, or legal notices permitted by these Terms: