ClearLot Terms of Service

This is a template draft, pending legal review — not yet dated for publication.

Draft template — not reviewed by counsel. This page is a placeholder based on common industry patterns and is provided for internal review only; it must be reviewed and approved by a licensed attorney before being published or relied upon.

These Terms of Service ("Terms") govern your access to and use of the ClearLot platform, including the resident portal, manager portal, enforcement tools, patrol services, and related websites (collectively, the "Service"), provided by ClearLot ("ClearLot," "we," "us,"). By accessing or using the Service, you ("you," "User") agree to be bound by these Terms. If you are using the Service on behalf of a property, homeowners association, or company, you represent that you have authority to bind that entity, and "you" refers to that entity as well.

1. The Service

ClearLot provides a software platform that helps properties manage resident and guest parking, including vehicle registration, permitting, guest access, enforcement policy configuration, activity logging, license-plate-recognition (LPR) patrols, and coordination with third-party towing companies.

ClearLot is a technology and services provider. ClearLot does not own, lease, or operate the parking lots, spaces, or properties managed through the Service, and does not itself tow, boot, or otherwise take physical action against any vehicle. The property retains sole authority over its parking policies; ClearLot administers and enforces those policies as configured by the property.

2. Eligibility and Accounts

You must be at least 18 years old and able to form a binding contract to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You agree to provide accurate, current information (including vehicle and contact information) and to update it promptly if it changes.

3. Tow Provider Network

ClearLot maintains a network of independent, third-party towing companies ("Tow Providers") who may be dispatched to remove vehicles in violation of a property's posted parking policy. Tow Providers are independent contractors and are not employees, agents, joint venturers, or representatives of ClearLot.

ClearLot facilitates the introduction and dispatch of Tow Providers based on policies configured by the property, but does not control, supervise, or direct the manner in which a Tow Provider performs a tow, including the operation of tow vehicles, handling of vehicles or personal property, or interactions with vehicle owners.

TO THE FULLEST EXTENT PERMITTED BY LAW, CLEARLOT DISCLAIMS ALL LIABILITY FOR THE ACTS, OMISSIONS, NEGLIGENCE, OR MISCONDUCT OF ANY TOW PROVIDER, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO VEHICLES OR PROPERTY, PERSONAL INJURY, WRONGFUL OR IMPROPER TOWING, OR DISPUTES OVER RELEASE OF A VEHICLE. Any claim arising from a tow must be directed to the Tow Provider that performed it. This section is intended to operate in the same manner as similar disclaimers used by roadside-assistance and dispatch services (such as motor clubs) that connect members to independent service providers without assuming liability for those providers' performance.

4. No Warranty; Service Provided "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

ClearLot does not warrant that the Service will be uninterrupted, timely, secure, or error-free, that any LPR scan, notification, permit record, or activity log will be complete or accurate, or that any defect or bug will be corrected. You acknowledge that software occasionally contains errors, and that enforcement, permitting, and notification decisions should not rely solely on the Service without reasonable independent judgment where the stakes warrant it.

5. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CLEARLOT AND ITS OFFICERS, EMPLOYEES, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CLEARLOT'S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100), OR (B) THE TOTAL FEES, IF ANY, PAID BY YOU TO CLEARLOT FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

6. Security

ClearLot uses reasonable administrative, technical, and physical safeguards designed to protect information processed through the Service. No system is completely secure, however, and ClearLot cannot guarantee that unauthorized access, security breaches, or data loss will never occur.

In the event of a security incident affecting your information, ClearLot will provide notice as required by applicable law. To the fullest extent permitted by law, ClearLot's liability for any security incident is subject to the limitations in Section 5 above.

7. Indemnification

You agree to indemnify and hold ClearLot harmless from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

8. Termination

ClearLot or the property administering your account may suspend or terminate your access to the Service at any time, with or without cause. Provisions that by their nature should survive termination (including Sections 3 through 8) will survive.

9. Changes to These Terms

ClearLot may update these Terms from time to time. Material changes will be posted to this page with an updated effective date. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

10. Governing Law

These Terms are governed by the laws of the jurisdiction in which ClearLot is organized, without regard to conflict-of-laws principles, and any dispute will be resolved in the courts located in that jurisdiction unless otherwise required by applicable law.

11. Contact

Questions about these Terms can be directed to legal@clearlot.space.