DrivePad Terms of Service

Important: These Terms of Service (the “Terms”) govern your access to and use of the DrivePad mobile apps, websites, and related services (collectively, the “Services”). By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services. These Terms incorporate the following, which are part of this agreement: (a) the Privacy Policy; (b) the Owner Supplemental Terms (for those who list a driveway or other parking space); and (c) the Driver Supplemental Terms (for those who book parking). Capitalized terms not defined in these Terms have the meanings in the applicable supplemental terms.

1) Overview; Platform Only
- DrivePad is a peer‑to‑peer marketplace that enables homeowners and property managers (“Owners”) to list driveways/garages/parking spaces (each, a “Premises”) and drivers (“Drivers”) to discover and book those spaces for fixed sessions. We provide a technology platform and payment facilitation only. We do not own, operate, manage, police, guard, maintain, or control any Premises.
- DrivePad is not a garage keeper, bailee, custodian, or insurer of vehicles or property. We do not supervise access or egress and are not responsible for personal property left in vehicles.
- Owners and Drivers act as independent parties; no agency, partnership, joint venture, employment, or franchise relationship is created with DrivePad.

2) Eligibility; Accounts
- You must be at least 18 years old, capable of forming a binding contract, and not barred from using the Services under applicable law.
- Account creation: You must provide accurate information and keep it up‑to‑date. You are responsible for maintaining the confidentiality of your credentials and for activity under your account.
- Roles: Users may register as Drivers and/or Owners. Additional terms apply by role: see the Owner Supplemental Terms and Driver Supplemental Terms. An “Admin” role may exist for internal operations.
- Verification: We may require identity verification, phone/email verification, and vehicle information (e.g., license plate) to prevent fraud and support dispute resolution.
- Prohibited persons: You represent you are not on any sanctions list or otherwise prohibited from transacting.

3) Listings, House Rules, and Bookings
- Listings: Owners describe each Premises accurately, including address, access instructions (e.g., codes), allowed vehicle types, session length (e.g., fixed 4‑hour blocks), pricing, availability, and any restrictions. Owners must keep availability current and promptly update listings as conditions change.
- House Rules: Owners may define rules applicable to the Premises (e.g., hours, “no blocking sidewalk,” “no hazardous materials,” “no repairs,” noise limits, towing policy). Drivers must comply with House Rules and all posted signage and laws.
- Booking windows and fixed sessions: If the Owner sets a fixed session length, bookings must match that length. Bookings outside available windows or that overlap existing bookings are not permitted.
- Ingress/egress: Owners are solely responsible for safe access and egress, including lighting, hazard removal, visibility, snow/ice mitigation, clear signage, and lawful towing signage where applicable.

4) Prohibited Activities
- Illegal or unsafe use of Premises.
- Storage or handling of hazardous materials; unauthorized repairs/maintenance; weapons or illegal items; overnight occupancy unless expressly allowed; nuisance or excessive noise; blocking sidewalks/fire hydrants/driveways or emergency access.
- Listing a Premises without the legal right to do so or in violation of HOA/COA/lease terms, zoning, signage, or other regulations.
- Discrimination: You will comply with applicable civil rights, fair housing, accessibility, and public accommodation laws.
- Interference with the Services, scraping, reverse engineering (except as permitted by law), or circumventing security.

5) Payment Processing; Fees; Taxes; Refunds
- Payments: Driver payments are processed by third‑party payment processors (currently Stripe). Owner payouts are made via Stripe Connect Express to a connected account. By using payments or payouts, you agree to the applicable processor’s terms.
- Platform/Service fees: DrivePad may charge fees to Drivers and/or Owners (e.g., service fees, application fees on charges). Fees will be displayed or disclosed at checkout or in your dashboard.
- Taxes: Owners are responsible for taxes arising from listing and renting Premises (e.g., income, business, occupancy, and other local taxes). DrivePad may collect/remit certain transaction taxes where required and may issue tax forms (e.g., 1099‑K) consistent with law.
- Chargebacks and holds: Chargebacks may be routed to the connected Owner account per processor policy. We may withhold, set off, or delay payouts if we suspect fraud, policy violations, or upon lawful request.
- Refunds and cancellations: Listing‑level policies (flexible/moderate/strict) govern refunds, except we may require or process refunds as required by law or these Terms. Bookings for fixed sessions are time‑bound; late arrival or early departure may not be refundable.
- Idempotency and errors: We may use idempotency keys and audit logs to ensure consistent charges/refunds. If we detect errors, we may reverse or correct transactions.

6) Owner Responsibilities (Summary)
- Owners warrant they own or control the Premises or have permission to list and will comply with all laws, ordinances, HOA/COA or lease rules, permits, licensing, safety codes, and signage/towing requirements.
- Owners control Premises condition and access: lighting, visibility, hazard remediation, snow/ice removal, gate/lock codes, and unobstructed access. Owners must provide accurate, non‑misleading information and House Rules.
- Insurance: DrivePad does not provide insurance. Owners must maintain appropriate homeowners/landlord/commercial general liability coverage (and any required endorsements) for the parking activity. Confirm coverage with your insurer. See Owner Supplemental Terms for details.

7) Driver Responsibilities (Summary)
- Drivers must comply with House Rules, laws, posted signage, and any access instructions; park only within the booked session and designated space; promptly vacate at session end; and respect neighbors.
- Drivers acknowledge parking at private Premises carries inherent risks; do not leave valuables in vehicles. See Driver Supplemental Terms for details.

8) Safety, Incidents, and Law Enforcement
- Emergencies: Call local emergency services first. Report incidents via the in‑app or website channels promptly with details (and photos/video only where lawful).
- Cooperation: Users will cooperate with lawful requests from authorities. We may facilitate information exchange or temporarily hold funds during an investigation.

9) Cameras, Privacy, and Data
- Cameras/CCTV: If Owners use cameras on Premises, they must comply with privacy/recording laws, provide clear notice/signage, and avoid areas with reasonable expectations of privacy. Jurisdictions with all‑party consent may restrict audio recording without consent. See Owner Supplemental Terms.
- Privacy Policy: Our Privacy Policy describes how we collect, use, and share personal data; data subject rights; and data retention. We retain certain payment records as required by law. Account deletion tools are available in‑app; upon deletion we purge personal data except for legally required records.

10) User Content; Feedback; IP
- License to DrivePad: By submitting content (e.g., photos, reviews, listing text), you grant DrivePad a worldwide, non‑exclusive, royalty‑free license to use, reproduce, adapt, publish, and display that content in connection with the Services. You represent you have the rights to grant this license.
- Prohibited content: No unlawful, deceptive, infringing, defamatory, or harmful content.
- Feedback: You may provide ideas or suggestions. We may use them without restriction or compensation.
- Trademarks and IP: DrivePad and its logos are trademarks of DrivePad. Third‑party marks are the property of their owners.

11) Third‑Party Services
- The Services integrate with third‑party services such as Stripe (payments) and Apple Maps (location search). Your use of third‑party services is subject to their terms and privacy policies. We are not responsible for third‑party services.

12) Assumption of Risk; Release (Summary)
- OWNER ASSUMPTION OF RISK: Allowing third parties to access a Premises involves risks of property damage, theft, trespass, vandalism, injury, or crime. Owners understand and assume risks arising from (a) Premises condition; (b) Owner acts/omissions; (c) Driver or third‑party conduct; and (d) access/egress. See Owner Supplemental Terms for full text.
- DRIVER ASSUMPTION OF RISK: Parking at private Premises involves risks of damage, theft, towing per law, or other incidents. Drivers understand and assume risks associated with parking and agree to comply with House Rules and all laws. See Driver Supplemental Terms for details.
- RELEASE: TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE DRIVEPAD AND ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM CLAIMS ARISING FROM OR RELATED TO THE LISTING, BOOKING, OR USE OF PREMISES, EXCEPT TO THE EXTENT CAUSED BY DRIVEPAD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT WHERE SUCH A RELEASE IS PROHIBITED BY LAW.

13) Indemnification
- You will defend, indemnify, and hold harmless DrivePad and its affiliates, and their officers, directors, employees, and agents, from and against claims, damages, losses, costs, liabilities, judgments, penalties, fines, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your listings, content, or House Rules; (b) the condition or use of a Premises; (c) your breach of these Terms or applicable supplemental terms; (d) your violation of law or third‑party rights; or (e) injury, death, or damage occurring at or in connection with a Premises, except to the extent caused by DrivePad’s gross negligence or willful misconduct where indemnity is prohibited by law.

14) Disclaimers
- THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON‑INFRINGEMENT.
- WE DO NOT WARRANT THAT PREMISES WILL MEET YOUR EXPECTATIONS OR THAT DRIVERS/OWNERS WILL COMPLY WITH HOUSE RULES OR LAWS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
- DRIVEPAD DOES NOT PROVIDE INSURANCE FOR OWNERS OR DRIVERS.

15) Limitation of Liability
- TO THE FULLEST EXTENT PERMITTED BY LAW, DRIVEPAD’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) AMOUNTS YOU PAID TO DRIVEPAD IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US$100).
- IN NO EVENT WILL DRIVEPAD BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.
- SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY FOR PERSONAL INJURY OR CERTAIN DAMAGES; THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED.

16) Dispute Resolution; Arbitration; Class Waiver
- Informal process: Before filing a claim, the party must send a written Notice of Dispute describing the claim and requested relief. If DrivePad is the recipient, email drivepad.app@gmail.com. If you are the recipient, we will send notices to your email on file. If not resolved within 30 days, either party may commence arbitration (or small claims as allowed below).
- Arbitration agreement: Except where prohibited by law, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration on an individual basis. The Federal Arbitration Act (FAA) governs interpretation and enforcement of this Section. Either party may bring an individual claim in small‑claims court of competent jurisdiction and may seek temporary or emergency injunctive relief in a court of competent jurisdiction.
- Administrator and rules: Arbitration will be administered by the American Arbitration Association (AAA): (i) for individuals/sole proprietors, under the AAA Consumer Arbitration Rules; and (ii) for entities, under the AAA Commercial Arbitration Rules. The arbitrator has exclusive authority to resolve disputes regarding arbitrability and the scope, enforceability, or interpretation of this Section (the “delegation clause”).
- Location and format: Unless the parties agree otherwise, the hearing will take place in the county of your primary residence (individuals) or principal place of business (entities) or via video conference at either party’s request.
- Fees and costs: AAA rules govern payment of fees. DrivePad will reimburse required Consumer‑Rules filing fees that exceed filing a complaint in court and will pay any additional amounts necessary to ensure the arbitration is not cost‑prohibitive for individual users. The arbitrator may award fees and costs as permitted by law.
- Mass‑arbitration protocol: If 25 or more substantially similar arbitration demands are filed by or with the same or coordinated counsel within 90 days, the AAA will: (i) administer cases in batches of up to 10 (randomly selected), proceed with the first batch to individualized final awards, and stay the remainder; (ii) after the first 10 awards, the parties will confer in good faith about global resolution, mediation, or revised batching; and (iii) any limitations periods are tolled for stayed claims.
- Class/representative actions waiver: Arbitration will be conducted only on an individual basis. No class, collective, private attorney general, or representative actions or proceedings are permitted. The arbitrator may award relief only to the extent necessary for the individual party.
- 30‑day opt‑out: You may opt out of arbitration by emailing drivepad.app@gmail.com (subject: “Arbitration Opt‑Out”) with your account email, full name, and city/state within 30 days of the date you first agree to these Terms. Opting out does not affect other provisions.
- Severability (arbitration): If any part of this Section 16 is found unenforceable as to a particular claim or remedy, the remainder will still apply; if the class/representative waiver is unenforceable, then this entire Section 16 is unenforceable and the claim will proceed in court.

17) Suspension; Termination
- We may suspend, remove, or restrict accounts or listings for suspected violations of these Terms, supplemental terms, or law; for safety/security; to investigate fraud or chargebacks; or to comply with legal requests. Where practicable we will provide notice and an opportunity to respond, except in urgent circumstances.
- You may delete your account in‑app. Upon deletion, we purge personal data except legally required records (e.g., payment records). Some content (e.g., reviews) may remain anonymized or associated with bookings for transaction integrity.

18) Modifications
- We may modify these Terms prospectively with notice and an effective date (e.g., email or in‑app notice). Changes take effect on the stated date and do not apply to disputes that accrued prior to that date. If you object, stop using the Services before the effective date. Continued use after the effective date constitutes acceptance.

19) Miscellaneous
- Governing law and venue: These Terms are governed by the laws of the State of California, without regard to conflict‑of‑laws rules, except that the FAA governs Section 16. Subject to Section 16, the exclusive venue for any court action is the state or federal courts located in San Francisco County, California, and the parties consent to personal jurisdiction there.
- Severability and survival: If any provision is invalid or unenforceable, it will be enforced to the maximum extent permitted, and the remainder will continue in effect. Sections 1, 5, 10–16, 18–19, and any payment, confidentiality, and data provisions survive termination.
- Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of assets.
- No waiver: Failure to enforce any provision is not a waiver of future enforcement.
- Headings: Headings are for convenience only and do not affect interpretation.
- Language: These Terms are in English; translations are for convenience only.

20) Acceptance; Records; Contact
- Acceptance: By tapping “I Agree,” creating an account, publishing a listing, or using the Services, you agree to these Terms.
- Records: DrivePad records acceptance (name/email, timestamp, device or IP, and version hash) and maintains versioned records.
- Contact: drivepad.app@gmail.com

21) Supplemental Terms (Role‑Specific)
- Owner Supplemental Terms: Incorporated by reference; control over conflicts for Owner listing matters.
- Driver Supplemental Terms: Incorporated by reference; control over conflicts for Driver booking matters.

Notices
SOME JURISDICTIONS LIMIT PRE‑INJURY WAIVERS OR INDEMNITIES. LOCAL LAW MAY REQUIRE SPECIFIC TOWING SIGNAGE, PRIVACY NOTICES, OR TAX COLLECTION. THESE TERMS ARE A TEMPLATE AND SHOULD BE REVIEWED BY LICENSED COUNSEL IN EACH JURISDICTION WHERE YOU OPERATE.