Park10x Services Inc.
Terms and Conditions of Use
Please read these Terms and Conditions carefully before using the Pass10x platform, websites, applications, or services. If you have entered into a separate written agreement with Park10x Services Inc. or Pass10x Services Inc. for use of the services, the terms of that agreement shall prevail to the extent of any conflict with these Terms and Conditions.
Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use ("Terms") apply to the Pass10x platform, including websites, progressive web applications ("PWA Apps"), mobile interfaces, dashboards, APIs, patrol systems, license plate recognition integrations, messaging systems, and all associated products and services (collectively, the "Services") operated by Park10x Services Inc. ("Pass10x", "Park10x", "we", "our", or "us").
The Services include, without limitation:
- visitor parking management systems;
- digital parking pass systems;
- patrol and enforcement tools;
- resident and property management dashboards;
- SMS and email notification systems;
- license plate and vehicle registration systems; and
- related support services.
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Services.
Pass10x reserves the right, at its sole discretion, to modify, update, replace, or remove portions of these Terms at any time without prior notice. Your continued use of the Services following any changes constitutes acceptance of the revised Terms.
Content
All text, software, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, designs, icons, sounds, video, data compilations, software code, documentation, and other content contained within the Services (collectively, "Content") are owned by or licensed to Pass10x and are protected by applicable copyright, trademark, intellectual property, and other laws.
Except as expressly permitted in writing by Pass10x, no Content may be copied, reproduced, republished, uploaded, transmitted, distributed, sold, licensed, reverse engineered, modified, or exploited for commercial purposes.
Changes to Services; Updates
Pass10x reserves the right to modify, suspend, discontinue, or restrict access to any portion of the Services at any time without notice.
Pass10x may introduce new features, modify existing functionality, or discontinue certain functions without liability. Customers are responsible for ensuring they are using the most current versions of any documentation or operating procedures.
License to Use Services
Subject to compliance with these Terms, Pass10x grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services solely for lawful business or personal use associated with authorized parking management activities.
You agree not to:
- interfere with or disrupt the Services;
- attempt unauthorized access to accounts or systems;
- scrape, harvest, or extract data from the Services;
- reverse engineer or decompile any software;
- use automated systems to overload the platform;
- upload malicious code or harmful content;
- impersonate another person or entity; or
- use the Services for unlawful, fraudulent, abusive, or misleading purposes.
Pass10x reserves the right to suspend or terminate access for violations of these Terms.
User Accounts and Security
Certain features require account registration. You are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account.
You agree to immediately notify Pass10x of any unauthorized access, suspected breach, or misuse of your account.
Pass10x is not liable for losses arising from unauthorized use of accounts caused by your failure to maintain security of credentials.
Parking Enforcement and Third-Party Services
Pass10x provides software and administrative tools to assist property owners, strata corporations, managers, patrol providers, and parking operators.
Pass10x is not a law enforcement agency and does not independently determine whether a vehicle should be ticketed, fined, denied access, towed, or otherwise penalized.
Enforcement decisions may be made by third-party patrol companies, towing operators, strata corporations, property managers, landlords, or authorized administrators using the Services.
Pass10x is not responsible for:
- towing decisions;
- parking fines or notices;
- enforcement actions by third parties;
- disputes between residents, visitors, tenants, owners, councils, or managers;
- inaccurate vehicle or parking information submitted by users; or
- losses arising from reliance on information entered into the Services.
Users remain solely responsible for compliance with applicable bylaws, strata rules, parking regulations, and local laws.
Vehicle and License Plate Information
By using the Services, you acknowledge and consent to the collection, storage, processing, and use of vehicle-related information including license plate numbers, parking activity, unit numbers, building identifiers, timestamps, patrol records, photographs, enforcement records, and related data necessary for operation of the Services.
Where enabled, certain properties may utilize automated license plate recognition ("LPR") technologies operated by Pass10x or third-party providers.
You represent that you have authority to submit any information entered into the Services.
Electronic Communications
By using the Services, you consent to receiving electronic communications from Pass10x including emails, SMS notifications, account alerts, system messages, service announcements, enforcement notices, and support communications.
Message and data rates may apply depending on your mobile carrier.
Privacy
Use of the Services is also governed by the Pass10x Privacy Policy, which is incorporated into these Terms by reference.
While Pass10x uses commercially reasonable measures to protect information, no system, transmission, or method of electronic storage is completely secure. You acknowledge that Internet communications may be intercepted or accessed by unauthorized parties.
Availability of Services
Pass10x does not guarantee uninterrupted or error-free operation of the Services.
Temporary outages, maintenance interruptions, communication failures, software defects, third-party outages, Internet disruptions, mobile carrier failures, cloud provider interruptions, or equipment malfunctions may occur.
Pass10x shall not be liable for losses arising from delayed notifications, unavailable systems, failed pass generation, messaging interruptions, or inability to access the Services.
Links to Third-Party Sites
The Services may contain links to third-party websites or services. Pass10x does not control and is not responsible for the content, policies, or practices of third-party sites or providers.
Access to third-party services is at your own risk.
Disclaimers
THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
PASS10X DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION:
- MERCHANTABILITY;
- FITNESS FOR A PARTICULAR PURPOSE;
- NON-INFRINGEMENT;
- ACCURACY;
- SYSTEM AVAILABILITY;
- DATA ACCURACY;
- SECURITY; AND
- ERROR-FREE OPERATION.
PASS10X DOES NOT WARRANT THAT:
- THE SERVICES WILL OPERATE WITHOUT INTERRUPTION;
- DEFECTS WILL BE CORRECTED;
- DATA WILL NEVER BE LOST;
- MESSAGES WILL ALWAYS BE DELIVERED;
- VEHICLE INFORMATION WILL ALWAYS BE ACCURATE; OR
- THE SERVICES WILL PREVENT UNAUTHORIZED PARKING.
YOU ASSUME FULL RESPONSIBILITY FOR USE OF THE SERVICES.
Limitation of Liability
To the maximum extent permitted by law, Pass10x shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages including lost profits, business interruption, loss of goodwill, towing costs, enforcement disputes, loss of data, or operational losses arising from use of the Services.
In all cases, Pass10x's total aggregate liability arising from or relating to the Services shall not exceed the greater of:
- (a) the fees paid by you to Pass10x during the preceding twelve (12) months; or
- (b) CAD $250 or US $180.
Some jurisdictions may not permit certain liability exclusions or limitations. In such jurisdictions, liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless Pass10x, its directors, officers, employees, contractors, affiliates, licensors, and agents from any claims, liabilities, damages, losses, costs, or expenses arising from:
- your use of the Services;
- violation of these Terms;
- violation of applicable laws or regulations;
- disputes relating to parking enforcement;
- information submitted by you; or
- misuse of accounts or credentials.
Termination
Pass10x may suspend, restrict, or terminate access to the Services at any time and without notice where it reasonably believes:
- these Terms have been violated;
- fraudulent or abusive activity has occurred;
- system integrity or security is at risk; or
- continued access may expose Pass10x or others to liability.
Termination does not limit Pass10x's legal rights or remedies.
Governing Law; International Use; Dispute Resolution
These Terms shall be governed by the laws of the Province of British Columbia and the laws of Canada applicable therein, without regard to conflict of laws principles.
The Services may be accessed and used from jurisdictions outside Canada, including the United States and other international jurisdictions. Users accessing the Services from outside Canada do so at their own initiative and are solely responsible for compliance with all applicable local, state, provincial, national, and international laws, regulations, privacy requirements, parking regulations, and data protection obligations applicable in their jurisdiction.
Pass10x makes no representation that the Services, Content, or systems are appropriate, lawful, or available for use in every jurisdiction. Access to the Services from territories where such access or use may be unlawful is prohibited.
To the maximum extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be governed exclusively by the laws of British Columbia, Canada, regardless of the jurisdiction in which the Services are accessed or used.
Any dispute arising from these Terms or the Services shall be brought exclusively in the courts located in British Columbia, Canada.
The parties expressly waive any objection based on forum non conveniens, personal jurisdiction, or venue and agree to submit to the exclusive jurisdiction of the courts of British Columbia, Canada.
Before commencing formal proceedings, the parties agree to attempt in good faith to resolve disputes through informal discussions or mediation.
Export Compliance
You agree to comply with all applicable export control and trade laws and regulations relating to use of the Services and Content.
Miscellaneous
If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
These Terms constitute the complete agreement between you and Pass10x relating to the Services and supersede all prior discussions or understandings relating to the Services.
Pass10x's failure to enforce any provision shall not constitute a waiver of that provision or any other rights.
These Terms do not create any partnership, agency, employment, or joint venture relationship between you and Pass10x.
