Parkvil Driver User Agreement
1. Overview and Contracting Parties
This Parkvil Driver User Agreement (the “Agreement”) is a legally binding contract between you (“Driver,” “you,” or “your”) and Parkvil, Inc. (“Parkvil,” “we,” or “us”) governing your access to and use of the Parkvil website, apps, and related services (collectively, the “Platform”). By creating an account, booking a space, or otherwise using the Platform, you agree to this Agreement and the documents incorporated by reference (including the Privacy Policy, Payments Terms, Community Guidelines, Cancellation & Refund Policy, and Dispute Policy).
2. Eligibility; Accounts; Verification
2.1 Eligibility. You must be at least 18 years old (or the age of majority in your jurisdiction) and legally capable of entering contracts.
2.2 Account. You must create and maintain an account with accurate information and keep your credentials confidential. You are responsible for all activity under your account.
2.3 Verification. Parkvil may require identity, payment method, driver, and vehicle verification, including motor-vehicle records checks where permitted. Parkvil may deny, suspend, or remove access at any time for risk, compliance, or safety reasons.
3. Nature of the Platform; Relationship of Parties
3.1 Marketplace. Parkvil is an online marketplace that enables drivers to book privately owned parking/garaging/storing spaces offered by hosts (“Hosts”). Parkvil is not a parking operator, garage owner, insurer, broker, real-estate agent, or warehouseman, and does not control the physical spaces.
3.2 Host Control. Hosts control their listings, rules, pricing, availability, and space conditions. Parkvil does not guarantee the suitability, legality, or safety of any space.
3.3 No Bailment by Parkvil. Unless a Host or its attendant takes custody of your keys and vehicle, no bailment arises between you and Parkvil. Any bailment that may arise is solely between you and the Host.
4. Bookings, Pricing, Taxes, and Fees
4.1 Booking. When you request a booking and a Host accepts (or an instant-book applies), you enter a direct contract with the Host. Parkvil issues confirmations and facilitates payments.
4.2 Pricing. The Booking Fee is set by the Host and may vary by Hourly, Daily, Weekly, or Monthly periods.
4.3 Service Charge (Driver). For each booking, Parkvil charges the Driver a service charge equal to ten percent (10%) of the Booking Fee. The Driver Service Charge is in addition to the Booking Fee and is retained by Parkvil.
4.4 Taxes (Driver). Appropriate taxes apply and may include sales, use, excise, parking, occupancy, and similar taxes, surcharges, or assessments based on the location of the space (state, city, and county). Where required by law, Parkvil will calculate, collect, and remit such taxes; otherwise, you remain responsible for ensuring all applicable taxes are assessed and paid. Parkvil may rely on third-party tax tools and your location inputs; you agree to provide accurate location information.
4.5 Authorizations & Deposits. You authorize Parkvil (or its payment processor) to place holds or charge your payment method for (a) Booking Fee, Driver Service Charge, applicable taxes; (b) any security deposit or overtime charges; (c) penalties, cleaning, towing, or damage fees under Section 9.
4.6 Overtime, Extensions & No-Shows. If you overstay beyond the reserved period, the Host may charge overtime or a new period rate. Extensions are subject to Host availability and may require payment in advance. No-shows are treated per the Cancellation & Refund Policy.
4.7 Cancellations & Refunds. Your rights are governed by the Cancellation & Refund Policy in effect at booking time. Unless stated otherwise, the Driver Service Charge is non-refundable after the booking start except as required by law or Parkvil policy.
4.8 Chargebacks. You agree not to initiate chargebacks for amounts properly due. Parkvil may dispute chargebacks and recover related costs from you.
5. Use of Spaces; Driver Responsibilities
5.1 Compliance. You must comply with all laws, posted rules, HOA/condo rules, municipal ordinances, signage, hours, and size/clearance limits.
5.2 Vehicle Condition & Prohibited Items. Your vehicle must be operable, insured, and properly registered. No hazardous materials, living in vehicles, commercial storage, auto repair, or nuisance activity. No illegal substances or contraband.
5.3 Access; Keys. Unless expressly allowed by the Host, you may not leave keys with any person. If valet/attended parking is provided by the Host, follow the Host’s instructions.
5.4 Cleanliness & Spills. You must prevent and remediate oil/chemical spills and are responsible for related cleaning or environmental charges.
5.5 Towing. Overstays, violations, or unauthorized use may result in towing at your expense in accordance with local law.
6. Ratings, Reviews, and Content
You may submit ratings, reviews, photos, and feedback. You grant Parkvil a worldwide, perpetual, irrevocable, royalty-free license to use, display, reproduce, and adapt such content for operating and promoting the Platform. Content must be accurate and not defamatory, obscene, or infringing.
7. Disputes with Hosts
Disputes should first be addressed via in-app tools. Parkvil may (but is not obligated to) facilitate resolution and make good-faith determinations under the Dispute Policy. Parkvil is not a party to the Host-Driver contract and does not guarantee outcomes.
8. Insurance; Assumption of Risk; Disclaimers
8.1 Your Insurance. You must maintain auto liability and any other legally required coverage. Parkvil does not provide insurance to you.
8.2 Host Insurance. Hosts are responsible for insuring their property and operations; Parkvil does not verify their coverage.
8.3 Assumption of Risk. Parking, garaging, and storing vehicles involve risks. You assume all risks of use of a space, including theft, vandalism, and weather.
8.4 Disclaimers. THE PLATFORM IS PROVIDED “AS IS.” PARKVIL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. Damages, Fees, and Collections
You are responsible for: (a) property damage you cause; (b) cleaning and spill remediation; (c) unauthorized overstays; (d) fines and towing charges caused by your conduct; and (e) amounts owed under this Agreement. Parkvil may charge your payment method, offset amounts from refunds, and engage collections.
10. Termination; Suspension
Parkvil may suspend or terminate access for any violation, fraud risk, or legal/compliance reasons. You may close your account unless an active dispute, investigation, or unpaid balance exists.
11. Intellectual Property
The Platform and all Parkvil IP are owned by Parkvil or its licensors. Subject to this Agreement, Parkvil grants you a limited, non-exclusive, revocable license to access and use the Platform.
12. Privacy; Communications
Your use is subject to the Privacy Policy. You consent to receive transactional and promotional communications by email, SMS, and in-app messages, consistent with applicable law and your settings.
13. Modifications
Parkvil may modify this Agreement prospectively with notice. Continued use after the effective date constitutes acceptance.
14. Governing Law; Dispute Resolution
14.1 Governing Law. This Agreement is governed by the laws of New York, without regard to conflict-of-law rules.
14.2 Arbitration; Class Action Waiver. Except for claims that may be brought in small-claims court, any dispute will be resolved by binding arbitration on an individual basis under the rules of the American Arbitration Association. Class, collective, or representative actions are not permitted.
15. Miscellaneous
Entire agreement; severability; assignment (you may not assign without Parkvil’s consent); force majeure; survival of payment, indemnity, limitation of liability, and dispute provisions; notices to Parkvil at: legal@parkvil.com or 123 Business Street, Suite 100, City, NY 12345.
Parkvil Host User Agreement
1. Overview and Contracting Parties
This Parkvil Host User Agreement (the “Agreement”) is a legally binding contract between you (“Host,” “you,” or “your”)—the homeowner or other authorized legal owner/controller of a space—and Parkvil, Inc. (“Parkvil,” “we,” or “us”) governing your listing and provision of parking/garaging/storing spaces (each, a “Space”) on the Parkvil Platform.
2. Eligibility; Accounts; Verification
2.1 Eligibility. You must be at least 18 and authorized to license the Space (owner or authorized legal controller) and enter this Agreement.
2.2 Account. Maintain accurate account, payout, and tax information (including W-9/W-8 and any required local registrations). You are responsible for all activity under your account.
2.3 Verification. Parkvil may request identity, property, HOA/permit, and insurance details and may deny, suspend, or remove listings at any time for risk, compliance, or safety reasons.
3. Listings; Host Responsibilities
3.1 Accurate Listings. Provide complete and accurate Space information, rules, availability, access instructions, photos, dimensions/clearances, and any special hazards. You are solely responsible for the Space.
3.2 Compliance & Permits. You must comply with all laws and obtain all required consents and permits (e.g., municipal parking permits, zoning/HOA approvals, business licenses, and any city parking-operator registrations, bonds, or revenue-control requirements where applicable).
3.3 Condition & Safety. Maintain the Space in a safe, clean, and accessible condition, including snow/ice removal where applicable. Promptly address hazards and complaints.
3.4 Insurance. Maintain property and liability insurance appropriate for your activities and local requirements. Parkvil does not provide insurance to you.
3.5 No Discrimination; Community Standards. Comply with applicable civil rights laws and Parkvil’s Community Guidelines.
4. Bookings, Payouts, Taxes, and Fees
4.1 Bookings. When you accept a booking (or instant-book applies), you enter a direct contract with the Driver. Parkvil facilitates the transaction and may collect and remit funds.
4.2 Pricing. You set the Booking Fee for Hourly, Daily, Weekly, or Monthly periods and are responsible for honoring the posted price, rules, and restrictions.
4.3 Service Charge (Host). For each completed booking, Parkvil deducts from your payout a service charge equal to twenty percent (20%) of the Booking Fee (the “Host Service Charge”). Parkvil retains the Host Service Charge.
4.4 Taxes (Host). Appropriate taxes apply and may include sales, use, excise, parking, occupancy, and similar taxes, surcharges, or assessments based on the location of the Space (state, city, and county). Where required by law, Parkvil will calculate, collect, and remit such taxes; otherwise, you are responsible for registration, collection, and remittance. You must provide accurate location details and cooperate with tax determinations. Parkvil may issue 1099-K or other information returns as required by law.
4.5 Payouts; Offsets. Parkvil pays you the Booking Fee less the Host Service Charge, any taxes we are required to withhold or remit, adjustments, chargebacks, refunds, or damage/penalty amounts. Payout timing depends on processor settlement and risk holds.
4.6 Cancellations & Refunds. Your listing is subject to Parkvil’s Cancellation & Refund Policy. Where a refund is due to the Driver, Parkvil may reverse or offset amounts from your future payouts.
4.7 Chargebacks. You authorize Parkvil to dispute chargebacks and to recover any resulting losses or fees from your payouts.
5. Space Rules; Prohibited Uses
Specify clear rules (hours, maximum vehicle size/weight, access methods, key handling, EV charging rules, no-idling, etc.). Prohibit hazardous materials, commercial storage, vehicle repair, or illegal activity. You may not misrepresent security features or cameras.
6. Incidents, Damage, and Claims
6.1 Reporting. Report incidents promptly through the Platform.
6.2 Damages. You may seek recovery from Drivers for property damage, cleaning, spill remediation, or overstays under the Dispute Policy. Parkvil may (but is not obligated to) facilitate resolution and charge the Driver’s payment method.
6.3 Towing. You may arrange towing of unauthorized or overstaying vehicles consistent with local law and your listing rules.
7. Relationship; Independent Status; No Employment
You act as an independent party, not Parkvil’s employee, agent, or partner. You have no authority to bind Parkvil.
8. Intellectual Property; License to Listings
You grant Parkvil a worldwide, perpetual, irrevocable, royalty-free license to host, use, reproduce, display, and adapt your listings, photos, and marks to operate and promote the Platform.
9. Privacy; Data
Your use is subject to the Privacy Policy. You agree to handle any Driver information lawfully and only as permitted by this Agreement and applicable law.
10. Suspension; Removal; Termination
Parkvil may remove listings, suspend, or terminate accounts for violations, risk, or legal reasons. You may close your account subject to resolving outstanding bookings, disputes, or balances.
11. Disclaimers; Limitation of Liability
11.1 Disclaimers. THE PLATFORM AND ANY TOOLS ARE PROVIDED “AS IS.” PARKVIL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED.
11.2 Limitation. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PARKVIL WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; AND OUR TOTAL LIABILITY WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO PARKVIL IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
12. Indemnification
You agree to defend, indemnify, and hold harmless Parkvil and its affiliates from claims, damages, and expenses arising out of: (a) your listings or Spaces; (b) injury or damage occurring at the Space (except to the extent caused by Parkvil); (c) your breach of this Agreement or law; or (d) taxes, permits, registrations, or fees owed by you.
13. Modifications
Parkvil may modify this Agreement prospectively with notice. Continued use after the effective date constitutes acceptance.
14. Governing Law; Dispute Resolution
14.1 Governing Law. This Agreement is governed by the laws of New York, without regard to conflict-of-law rules.
14.2 Arbitration; Class Action Waiver. Except for claims in small-claims court, any dispute will be resolved by binding arbitration on an individual basis under the rules of the American Arbitration Association. Class, collective, or representative actions are not permitted.
15. Miscellaneous
Entire agreement; severability; assignment (you may not assign without Parkvil’s consent); force majeure; survival of payment, indemnity, limitation of liability, and dispute provisions; notices to Parkvil at: legal@parkvil.com or 123 Business Street, Suite 100, City, NY 12345.
Exhibit A – Service Charges and Calculation Order (Reference)
Driver Service Charge. Ten percent (10%) of the Booking Fee, added to the Driver’s total and retained by Parkvil.
Host Service Charge. Twenty percent (20%) of the Booking Fee, deducted from Host payout and retained by Parkvil.
Taxes. Appropriate taxes apply at the state, city, and county levels based on the Space location. Where required by law, Parkvil will calculate, collect, and remit such taxes; otherwise, the responsible party (Driver and/or Host) must ensure compliance.
Order of Calculation (illustrative):
- • Booking Subtotal = Booking Fee × reserved units (hours/days/weeks/months).
- • Driver Service Charge = 10% × Booking Subtotal (added to Driver total).
- • Host Service Charge = 20% × Booking Subtotal (deducted from Host payout).
- • Taxes = Applied as required by law to Booking Subtotal and, where applicable, to service charges.
- • Driver Total = Booking Subtotal + Driver Service Charge + applicable taxes.
- • Host Payout = Booking Subtotal − Host Service Charge − any taxes withheld/passed-through and adjustments.
Contact Information
If you have any questions about these Agreements, please contact us at:
Contact: Jay Opanike, Owner/CEO, Sunbo LLC
Email: legal@parkvil.com
Phone: (516) 490-8399
Website: https://sunbollc.com
Address: 123 Business Street, Suite 100, City, NY 12345