Customer Subscription Agreement

Terms and Conditions applicable to community associations, HOAs, condominium and apartment owners, property managers, and other organizational subscribers.

Last updated: June 3, 2026

1. Parties and Acceptance

This Customer Subscription Agreement (the “Agreement”) is entered into between Ghost Tech LLC, located at Miami, Florida, USA (“ParkRequest,” “we,” or “us”), and the community association, condominium or homeowners’ association, apartment owner, property management company, cooperative, or other organization that subscribes to the Service (the “Customer,” “Association,” or “you”).

By signing an Order Form, clicking “I agree,” activating a property, or otherwise using the Service in an organizational capacity, the individual accepting these terms represents that they are duly authorized to bind the Association, and the Association agrees to be bound by this Agreement together with the ParkRequest Terms of Service, the Privacy Policy, and the Data Processing Agreement (collectively, the “Agreements”). If you do not agree, you may not access or use the Service.

2. Definitions

  • Service means the ParkRequest hosted software platform, including the web application, mobile applications, REST API, and related documentation, used to manage guest and resident parking permits, vehicles, and access workflows.
  • Property means a single community, building, complex, or other physical location provisioned for the Association inside the Service.
  • Authorized User means an individual permitted by the Association to access the Service in a defined role (e.g., property manager, guard, vendor, resident, board member, superadmin delegate).
  • Customer Data means all data submitted to or generated within the Service for the Association, including resident records, vehicle and license plate information, permit history, addresses, photos, and audit logs.
  • Order Form means any subscription order, quote, or online checkout that references this Agreement.
  • Documentation means the user guides, README, security policy, and help materials we publish for the Service.

3. Subscription, Provisioning, and Authorized Users

  • Subject to payment of applicable fees, we grant the Association a non-exclusive, non-transferable, revocable right to access and use the Service during the subscription term solely for the Association’s internal parking and access management at the licensed Property or Properties.
  • Each Authorized User must have a unique account. Account credentials may not be shared. The Association is responsible for all activity that occurs under its Authorized Users’ accounts.
  • The Association is responsible for promptly removing access for any Authorized User who is no longer affiliated with the Association or no longer requires access.
  • Property managers, board members, and superadmin delegates have the ability to add, remove, and impersonate other Authorized Users at the Property; the Association is responsible for the appropriate use of these capabilities.

4. Customer Responsibilities; Allocation of Risk

The Association is the operator of the parking program at its Property. ParkRequest is a software tool that the Association uses to administer that program. ParkRequest does not own, operate, patrol, manage, secure, tow, ticket, or physically control any parking space, gate, vehicle, driveway, garage, lot, or common element. All operational decisions, enforcement actions, and resident-facing policies are made by the Association and its personnel, contractors, and agents. The Association assumes full and sole responsibility for the conduct and consequences of its parking program.

Without limiting the foregoing, the Association is solely responsible for, and assumes all risk and liability arising from:

  • Compliance with law and governing documents. Using the Service only in accordance with the Association’s declaration, bylaws, rules and regulations, and all applicable federal, state, and local laws, including fair housing, disability accommodation, anti-discrimination, consumer protection, towing, trespass, and data-protection laws (including, where applicable, GDPR, CCPA, FCRA, and state breach-notification statutes).
  • Customer Data. The accuracy, completeness, lawfulness, and timeliness of all Customer Data, including resident rosters, apartment assignments, license plate numbers, vehicle photos, contact information, and any data imported via CSV, API, or manager entry. ParkRequest has no duty to verify the accuracy of Customer Data and may rely on it.
  • Notices and consents. Providing residents, guests, vehicle owners, and other data subjects with all privacy notices required by law and obtaining all consents required to collect, store, and process their personal data through the Service.
  • Operational decisions. Every decision to approve, deny, suspend, expire, override, or revoke a permit; to admit or deny entry; to call for towing, booting, citation, fine, or law-enforcement involvement; or to grant or revoke any access right. Such decisions are made by the Association’s managers, board members, guards, vendors, or other Authorized Users, not by ParkRequest.
  • Towing, citations, and physical enforcement. All contracts, notices, signage, and statutory prerequisites for towing, booting, ticketing, fining, or removing vehicles, and all consequences (including wrongful-tow, conversion, trespass-to-chattels, and consumer claims) arising from those actions, even if the Association relied on data displayed in the Service. ParkRequest is not a tow operator, parking enforcement agency, or law-enforcement provider.
  • Physical safety and premises liability. The condition, security, lighting, signage, gating, surveillance, staffing, and physical safety of the Property and its parking areas. The Association acknowledges that ParkRequest has no presence at the Property and no ability to prevent, observe, or respond to physical events such as theft, vandalism, assault, accidents, unauthorized entry, or property damage.
  • Account hygiene. Issuing, monitoring, suspending, and removing Authorized User accounts (including former managers, guards, vendors, board members, residents, and contractors) on a timely basis, and treating account credentials as confidential. The Association is responsible for all activity occurring under its Authorized Users’ accounts, whether authorized by the Association or not.
  • Configuration choices. All configuration choices the Association makes within the Service, including auto-approval rules, permit windows and quotas, manager-locked vehicles, broadcast notifications, branding, retention windows, and integrations.
  • Communications to residents. The content, accuracy, frequency, and lawfulness of broadcast notifications, support messages, invitations, and emails sent through the Service by the Association or its Authorized Users (including CAN-SPAM, TCPA, and similar requirements).
  • Resident-facing disputes. All disputes between the Association and its residents, guests, tenants, owners, or third parties regarding parking, access, fees, fines, or use of personal data, including responses to subpoenas, civil-investigative demands, regulator inquiries, and data-subject access or deletion requests.
  • Vendor and third-party relationships. The selection, oversight, and conduct of any third party (including towing companies, security firms, software integrators, and management companies) the Association engages to operate or interact with its parking program.
  • Contact information. Maintaining current contact information for at least one billing contact, one technical contact, and one security/incident contact within the Service.

The Association will not (and will not allow Authorized Users or third parties to): reverse engineer or attempt to derive source code from the Service; resell, sublicense, or operate the Service as a service bureau for unrelated third parties; circumvent role-based access controls, rate limits, or quotas; upload malicious code; scrape or bulk-export data outside the export tools we provide; or use the Service to harass, surveil, or unlawfully discriminate against any individual.

4A. Acknowledgement — Software Tool Only

The Association expressly acknowledges and agrees that:

  • ParkRequest is a software-as-a-service tool. It is not a property manager, managing agent, security company, parking operator, tow operator, law-enforcement service, common-interest community manager, or fiduciary of the Association.
  • The Service automates record-keeping and workflow but does not independently authorize, deny, or enforce parking rights. Every action that affects a resident, guest, or vehicle is the Association’s action, taken by the Association’s personnel using the Service as a tool.
  • Any output of the Service (permit status, “active” / “expired” / “denied” designations, QR-code validation results, dashboards, exports, broadcast notifications, and reports) is for the Association’s information and convenience only and does not constitute legal advice, an enforcement determination, or a representation that any particular vehicle is or is not authorized to be at the Property.
  • The Association is responsible for independently verifying any output before relying on it for enforcement, towing, citation, or other action with real-world consequences.
  • System availability, network connectivity, third-party services, and device performance are subject to interruptions outside ParkRequest’s control. The Association will maintain reasonable manual or backup procedures for handling permits, gate access, and guest entry during such interruptions.

5. Fees, Billing, and Taxes

  • Subscription fees, billing frequency, and Property count are as stated on the applicable Order Form or, for self-service subscriptions, on the Pricing page in effect at the time of activation.
  • Unless otherwise stated on the Order Form, fees are billed in advance, are non-refundable except as expressly required by this Agreement, and renew automatically for successive terms equal to the initial term.
  • Late or unpaid amounts more than thirty (30) days past due may, after written notice, result in suspension of the Service for the affected Property until amounts are paid in full.
  • Fees are exclusive of taxes; the Association is responsible for all applicable sales, use, excise, value-added, and similar taxes other than taxes on our net income.
  • We may adjust subscription fees at renewal with at least thirty (30) days’ written notice (including notice in the admin console or via email to the Association’s billing contact).
  • Billing questions: [email protected].

6. Term, Renewal, Suspension, and Termination

  • Term. The initial term begins on the activation date and continues for the period stated on the Order Form (or, for monthly self-service subscriptions, one (1) month). The Agreement renews automatically for like terms unless either party gives written notice of non-renewal at least thirty (30) days before the end of the then-current term.
  • Termination for cause. Either party may terminate this Agreement if the other party materially breaches it and fails to cure the breach within thirty (30) days after written notice (or ten (10) days for non-payment).
  • Suspension. We may suspend access to the Service, with or without notice as the situation requires, to: (a) prevent material harm to the Service, our other customers, or third parties; (b) comply with law or a binding order; (c) address a confirmed security incident; or (d) address overdue, undisputed fees as described above. We will restore access promptly once the cause for suspension is resolved.
  • Effect of termination. Upon termination or expiration, the Association’s right to access the Service ends. Sections that by their nature should survive (including fees accrued, confidentiality, indemnification, limitations of liability, and governing law) will survive.
  • Data export and deletion. The Association may, for thirty (30) days after termination, request an export of Customer Data in a structured format. After that period we will delete or anonymize Customer Data in accordance with the DPA and our retention schedule, except for backups and audit records retained for security, legal, or regulatory purposes.

7. Customer Data and Privacy

  • As between the parties, the Association owns all Customer Data. The Association grants us a limited license to host, process, transmit, display, back up, and otherwise use Customer Data solely to provide and support the Service and to comply with law.
  • Our processing of Customer Data containing personal information is governed by the Data Processing Agreement, which is incorporated into this Agreement by reference. With respect to such personal data, the Association is the “controller” (or “business”) and we are the “processor” (or “service provider”).
  • We will not sell Customer Data and will not use it for advertising. Aggregated, de-identified usage data may be used to operate, secure, and improve the Service.

8. Security

  • We maintain administrative, technical, and physical safeguards designed to protect Customer Data, including: encryption in transit (TLS 1.2+), encryption at rest for primary databases and backups, MySQL keyring rotation with checksum verification, bcrypt password hashing, mandatory multi-factor authentication for property manager and superadmin accounts, role-based access control, rate limiting and brute-force mitigation, audit logging of administrative actions, scheduled off-host backups with integrity hashes, and a documented incident response process.
  • Our Security Policy describes vulnerability reporting, triage timelines, breach notification commitments, and post-incident review. The current version is incorporated by reference.
  • We will notify the Association without undue delay, and in any event consistent with the DPA, of any confirmed security incident affecting Customer Data.

9. Service Availability and Support

  • We target 99.5% monthly uptime for the production Service, excluding scheduled maintenance, force majeure, customer-caused outages, and outages of third-party infrastructure outside our reasonable control.
  • We will use commercially reasonable efforts to provide advance notice of planned maintenance through the admin console or email to the Association’s technical contact.
  • Standard support is available by email at [email protected] during U.S. business hours. Critical incidents (Service unavailable, security event, data exposure) are handled with best-effort response on a 24/7 basis.

10. Confidentiality

Each party may receive non-public information from the other (“Confidential Information”), including business, technical, security, and personal information. Each party will use the other’s Confidential Information only to perform under this Agreement and will protect it with at least the degree of care it uses for its own confidential information of similar sensitivity (and no less than reasonable care). These obligations do not apply to information that is or becomes publicly available without breach, was independently developed, or is required to be disclosed by law (in which case the recipient will, where lawful, give prior notice to the discloser).

11. Insurance

During the term, we will maintain, at our expense, commercially reasonable insurance appropriate to a software-as-a-service provider of our size, which may include commercial general liability, technology errors and omissions / professional liability, and cyber liability coverage. Upon written request, we will furnish a Certificate of Insurance evidencing the coverages then in effect. Coverage limits, carriers, and policy terms may change from time to time.

12. Intellectual Property

We and our licensors own all right, title, and interest in and to the Service, the Documentation, and all related software, designs, logos, and content, including all improvements, modifications, and derivative works. No rights are granted to the Association except as expressly stated in this Agreement. Feedback or suggestions provided by the Association may be used by us without restriction or obligation.

13. Warranties and Disclaimers

  • Each party represents that it has full authority to enter into this Agreement.
  • We warrant that we will provide the Service in a professional and workmanlike manner consistent with generally accepted industry practice.
  • EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE SERVICE, ALL DOCUMENTATION, AND ALL DATA, REPORTS, PERMITS, NOTIFICATIONS, AND OTHER OUTPUT GENERATED BY THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, TITLE, NON-INFRINGEMENT, SYSTEM INTEGRATION, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
  • WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT, AND THE ASSOCIATION ASSUMES ALL RISK THAT: (i) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (ii) ANY DATA WILL NOT BE LOST, DELAYED, OR CORRUPTED; (iii) ANY PERMIT, QR CODE, DASHBOARD ENTRY, OR NOTIFICATION WILL BE TRANSMITTED, DISPLAYED, OR HONORED CORRECTLY AT ANY GIVEN TIME OR LOCATION; (iv) THE SERVICE WILL PREVENT, DETECT, OR DETER UNAUTHORIZED PARKING, TRESPASS, THEFT, VANDALISM, ASSAULT, INJURY, PROPERTY DAMAGE, WRONGFUL TOW, WRONGFUL CITATION, OR ANY OTHER PHYSICAL-WORLD OR LEGAL OUTCOME; OR (v) THE SERVICE WILL BE SUITABLE TO COMPLY WITH ANY SPECIFIC LAW, REGULATION, COURT ORDER, INSURANCE REQUIREMENT, OR GOVERNING DOCUMENT OF THE ASSOCIATION. THE ASSOCIATION IS RESPONSIBLE FOR DETERMINING WHETHER THE SERVICE IS APPROPRIATE FOR ITS USE CASE.

14. Indemnification

  • By us. We will defend the Association against any third-party claim alleging that the Service, when used as authorized under this Agreement, infringes a U.S. patent, copyright, or trademark, and will pay damages and costs finally awarded against the Association by a court of competent jurisdiction or amounts agreed in settlement, provided the Association promptly notifies us, gives us sole control of the defense and settlement, and reasonably cooperates. This obligation does not apply to claims arising from Customer Data, modifications not made by us, combinations with non-ParkRequest products, or use in violation of this Agreement. This is our sole obligation, and the Association’s sole remedy, for any infringement claim.
  • By the Association. The Association will defend, indemnify, and hold harmless Ghost Tech LLC and its parents, subsidiaries, affiliates, and their respective officers, directors, members, shareholders, employees, contractors, and agents (the “ParkRequest Parties”) from and against any and all third-party claims, suits, demands, investigations, proceedings, losses, damages, fines, penalties, settlements, judgments, costs, and expenses (including reasonable attorneys’ fees and expert costs) arising out of or related to:
    • (a) Customer Data, including its accuracy, completeness, lawfulness, collection, use, retention, transfer, disclosure, loss, or alleged misuse;
    • (b) any act or omission of the Association or any of its Authorized Users, managers, board members, officers, employees, residents, guards, vendors, contractors, towing companies, security firms, or management companies;
    • (c) the Association’s parking program, including the issuance, denial, expiration, override, or revocation of permits; gate or access decisions; towing, booting, citation, fine, or removal of vehicles; trespass and conversion claims; and any wrongful-tow, wrongful-denial, or wrongful-eviction allegation;
    • (d) any bodily injury, death, property damage, theft, vandalism, accident, or other physical-world event occurring at or near the Property, regardless of whether the Service was used in connection with it;
    • (e) the Association’s violation of law (including fair-housing, anti-discrimination, disability-accommodation, consumer-protection, towing, trespass, CAN-SPAM, TCPA, FCRA, GDPR, CCPA, and state privacy or breach-notification laws) or violation of its own declaration, bylaws, rules, or governing documents;
    • (f) any data subject, regulator, or law-enforcement request, complaint, or proceeding directed at, or arising from data submitted by, the Association;
    • (g) communications (broadcasts, emails, push notifications, support messages, invitations) sent through the Service by the Association or its Authorized Users;
    • (h) the Association’s configuration choices within the Service, including auto-approval, manager-locked vehicles, retention windows, and integration choices;
    • (i) any breach by the Association of this Agreement, the Terms of Service, or the DPA; and
    • (j) any claim brought by a resident, guest, vehicle owner, employee, contractor, member, unit owner, or other person whose data appears in the Service or who is affected by the Association’s parking program, including claims that such person was a third-party beneficiary of this Agreement (which is expressly disclaimed in Section 22).
  • Procedure. The ParkRequest Parties will give the Association prompt written notice of a covered claim, tender sole control of the defense and settlement to the Association (provided that no settlement may impose any non-monetary obligation, admission of liability, or unreimbursed cost on a ParkRequest Party without its prior written consent), and reasonably cooperate at the Association’s expense. The ParkRequest Parties may participate in the defense at their own expense with counsel of their choice.

15. Limitation of Liability

(a) Exclusion of indirect damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Ghost Tech LLC OR ANY OF THE ParkRequest PARTIES BE LIABLE TO THE ASSOCIATION OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, COST OF SUBSTITUTE SERVICES, BODILY INJURY, DEATH, PROPERTY DAMAGE, WRONGFUL-TOW DAMAGES, OR REPUTATIONAL HARM, ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICE, OR THE ASSOCIATION’S PARKING PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, STATUTE, OR OTHERWISE).

(b) Aggregate cap on our liability. THE TOTAL AGGREGATE LIABILITY OF Ghost Tech LLC AND THE ParkRequest PARTIES, FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE, WILL NOT EXCEED THE LESSER OF (i) THE FEES ACTUALLY PAID BY THE ASSOCIATION TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST CLAIM, OR (ii) ONE THOUSAND U.S. DOLLARS (US$1,000) IF THE ASSOCIATION HAS PAID NO FEES OR LESS THAN THAT AMOUNT.

(c) Carve-outs. The exclusions and cap in subsections (a) and (b) do not apply to: (i) the Association’s payment obligations under Section 5; (ii) the Association’s indemnification obligations under Section 14; (iii) the Association’s breach of Section 4 (Customer Responsibilities), Section 7 (Customer Data), or its license restrictions; or (iv) either party’s gross negligence or willful misconduct as finally adjudicated by a court of competent jurisdiction. For clarity, the cap in subsection (b) protects ParkRequest only and does not limit the Association’s liability to ParkRequest under Sections 5, 7, or 14.

(d) Allocation of risk. The Association acknowledges that the fees charged for the Service reflect the allocation of risk in this Agreement and that ParkRequest would not enter into this Agreement on these economic terms without the disclaimers, indemnities, and limitations set forth in Sections 13, 14, and 15. The disclaimers, indemnities, and limitations form an essential basis of the bargain and apply notwithstanding the failure of any limited or exclusive remedy.

16. Independent Contractors

The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, franchise, fiduciary, or employment relationship between the parties.

17. Force Majeure

Neither party will be liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil disorder, labor disputes, internet or utility outages, denial-of-service attacks, or governmental action.

18. Governing Law and Venue

This Agreement is governed by the laws of the State of Florida, United States, without regard to conflict-of-law principles. The exclusive venue for any action arising out of or relating to this Agreement is the state and federal courts located in Miami-Dade County, Florida, and the parties consent to personal jurisdiction in those courts. Each party irrevocably waives any right to a jury trial.

19. Notices

Notices to the Association may be delivered to the email address on file for its billing or technical contact, or via the admin console. Notices to ParkRequest must be sent to [email protected], with a copy to [email protected].

20. Assignment

Neither party may assign this Agreement without the other’s prior written consent, except that either party may assign this Agreement in connection with a merger, acquisition, or sale of substantially all of its assets, provided the assignee agrees in writing to be bound by this Agreement. Any other purported assignment is void.

21. Order of Precedence

If there is a conflict among the documents that make up the Agreements, the order of precedence is: (1) a signed Order Form or written amendment between the parties; (2) the Data Processing Agreement; (3) this Customer Subscription Agreement; (4) the Terms of Service; and (5) the Privacy Policy.

22. No Third-Party Beneficiaries

This Agreement is for the exclusive benefit of ParkRequest and the Association. No resident, guest, vehicle owner, unit owner, member, employee, contractor, board member, manager, guard, vendor, towing company, regulator, or other third party is an intended beneficiary of this Agreement and no such person has any right to enforce, claim under, or recover damages under this Agreement against ParkRequest. Any duty ParkRequest owes with respect to data submitted through the Service is owed solely to the Association as the contracting party. The Association is solely responsible for any obligation it owes to such third parties under its governing documents, leases, contracts, or applicable law, and any claim by such a third party arising out of the Association’s parking program is subject to the Association’s indemnity in Section 14.

23. Changes to this Agreement

We may update this Agreement from time to time. Material changes adverse to the Association will take effect at the start of the next renewal term, or, where required, on at least thirty (30) days’ prior notice. Continued use of the Service after the effective date of changes constitutes acceptance.

24. Entire Agreement

The Agreements constitute the entire agreement between the parties regarding the Service and supersede all prior or contemporaneous understandings on that subject. Pre-printed terms on a purchase order or similar document issued by the Association are of no force or effect, even if accepted for processing by us. If any provision is held unenforceable, the remainder will continue in full force, and the unenforceable provision will be modified to the minimum extent necessary to be enforceable.

25. Contact