SwiftSpot Terms of Service

Welcome to SwiftSpot! These Terms of Service ("Terms") govern your access to and use of SwiftSpot's parking and storage marketplace platform, website, mobile application, and related services (collectively, the "Services") operated by SwiftSpot Inc. ("SwiftSpot," "we," "us," or "our").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Services.

1. Definitions

For the purposes of these Terms:

• "Account" means your registered user account on the SwiftSpot platform
• "Booking" means a confirmed reservation for a Listing through our Services
• "Content" means any information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Services
• "Host" means a user who lists Parking Spots or Storage Spaces for rent on our platform
• "Listing" means a Parking Spot or Storage Space made available for booking through our Services
• "Parking Spot" means a designated area for vehicle parking listed on our platform
• "Renter" means a user who books Listings through our platform
• "Storage Space" means a designated area for storing personal property listed on our platform
• "User" means any person who accesses or uses our Services

2. Acceptance of Terms

By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and SwiftSpot.

We may modify these Terms at any time by posting the revised Terms on our platform. Your continued use of our Services after such modifications constitutes your acceptance of the updated Terms.

3. Eligibility and Account Registration

3.1 Eligibility Requirements

The SwiftSpot iOS app may be downloaded from the App Store according to Apple's age rating. You must be at least 18 years of age to create an account, book a space, list a space, or enter into a transaction. To use those features, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using our Services under applicable law
• Provide accurate and complete registration information

3.2 Account Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account
• Keeping your account information current and accurate

3.3 Account Verification

We may require identity verification before you can access certain features. Host payout identity verification is completed directly inside Stripe through Stripe Connect Express onboarding (government ID, tax information, and bank details on Stripe's secure hosted flow). You agree to provide accurate information to Stripe and to SwiftSpot when we request additional documents for trust and safety.

4. Use of Services

4.1 Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms. Our Services are intended to facilitate parking spot rentals and storage space rentals between hosts and renters.

4.2 Prohibited Activities

You agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Use automated systems (bots, scrapers, etc.) to access our Services
• Attempt to gain unauthorized access to our systems or other users' accounts
• Post false, misleading, or fraudulent information
• Engage in any form of harassment, discrimination, or abusive behavior
• Circumvent or attempt to circumvent our payment systems
• Interfere with or disrupt the operation of our Services
• Impersonate any person or entity or misrepresent your affiliation
• Collect or harvest personal information of other users

5. Listings and Bookings

SwiftSpot is a marketplace for both parking and storage. The obligations and rights in this section apply to Parking Spots and Storage Spaces unless otherwise specified.

5.1 Host Obligations

As a Host, you represent and warrant that:

• You have the legal right to list and rent the Space (parking spot or storage space)
• Your listing information is accurate, complete, and current
• Your Space complies with all applicable laws and regulations
• You will honor confirmed bookings and provide access as described
• For Parking Spots: the spot is suitable for vehicle parking and you will provide reliable access and egress
• For Storage Spaces: the space is suitable for storage and free from hazards

5.2 Renter Obligations

As a Renter, you agree to:

• Use the Space (parking spot or storage space) only as described in the listing
• Comply with all terms and conditions specified by the Host
• Treat the Space and surrounding property with respect
• Pay all fees associated with your booking
• For Parking Spots: use only for vehicle parking and follow access and egress instructions
• For Storage Spaces: store only permitted items as specified in the listing

5.3 Storage Space Specific Terms

For Storage Space bookings, the following additional terms apply:

5.3.1 Prohibited Items

You may NOT store the following items in any Storage Space unless your listing explicitly permits them and they comply with all applicable laws, bylaws, and restrictions:

• Hazardous Materials: Explosives, flammable substances, toxic chemicals, radioactive materials, corrosives, or any materials classified as hazardous under applicable law
• Illegal Items: Controlled substances, stolen property, counterfeit goods, or any items illegal to possess or store
• Perishables: Food items, plants, or any materials that may decay, attract pests, or create odors (unless the listing explicitly permits them and space conditions allow)
• Living Things: Animals, insects, or any living organisms (unless the listing explicitly permits them—you and the Host are responsible for compliance with applicable bylaws, zoning, land-use rules, and insurance requirements)
• Weapons: Firearms, ammunition, explosives, or illegal weapons (legal firearms must comply with all applicable storage laws)
• High-Value Items: Cash, jewelry, precious metals, or irreplaceable items exceeding $5,000 in value without express written agreement
• Regulated Items: Items requiring special permits, licenses, or environmental controls

For all storage bookings, stored items and uses must match the listing. You and the Host are responsible for ensuring compliance with applicable bylaws, zoning, land-use rules, HOA or lease restrictions, and insurance requirements.

5.3.2 Storage Liability

• No Insurance: SwiftSpot does not provide insurance coverage for stored items. Renters are solely responsible for insuring their property.
• Risk Acknowledgment: You acknowledge that storing items carries inherent risks including theft, damage, fire, flood, and other hazards.
• Host Liability Limitation: Hosts are not liable for damage to stored items except in cases of gross negligence or willful misconduct.
• Renter Responsibility: Renters are responsible for any damage their stored items cause to the Storage Space or surrounding property.
• Insurance Recommendation: We strongly recommend obtaining appropriate insurance coverage for all stored items.

5.3.3 Access and Security

• Access to Storage Spaces is subject to the terms specified in each listing
• Hosts may require advance notice for access to Storage Spaces
• Renters must follow all security protocols specified by the Host
• Unauthorized access attempts may result in immediate termination of the booking

5.4 Booking Process

Bookings are confirmed when payment is successfully processed. Once confirmed, both parties are bound by the booking terms. Cancellation and refund rules vary by space type and are governed solely by our Política de cancelación (which controls if anything in these Terms differs). In summary:

• Parking Spaces: Full refund within 5 minutes of booking, or before the listing’s free-cancel cutoff (Standard: more than 24 hours before start; Flexible: more than 6 hours). Within that cutoff of start: no refund (subject to the Cancellation Policy).
• Storage Spaces: Full refund within 5 minutes of booking, or before the listing’s free-cancel cutoff (Standard: 30 or more days before start; Flexible: 14 or more days). Within that cutoff of start or once active: no refund (subject to the Cancellation Policy).

6. Commercial and Business Advertisement

6.1 Permitted Use

Renters are permitted to use parking spots for commercial and business advertising purposes, including but not limited to:

• Vehicle wraps and vehicle-based advertising
• Commercial signage and promotional displays
• Business marketing and promotional activities
• Product launches and advertising campaigns
• Any other commercial advertising use

6.2 Renter Responsibilities

When using a parking spot for commercial or business advertising, you are solely responsible for:

• Legal Compliance: Ensuring all advertising activities comply with applicable local, provincial, and federal laws, regulations, bylaws, and zoning requirements
• Permits and Licenses: Obtaining any required permits, licenses, or approvals from relevant authorities
• Content Legality: Ensuring all advertising content is legal, non-defamatory, does not infringe intellectual property rights, and complies with advertising standards
• Property Agreements: Verifying that your use complies with any property agreements, lease terms, HOA rules, or condominium bylaws that may apply to the parking spot
• Neighbor Relations: Managing any neighbor complaints, disputes, or concerns that may arise from your advertising use
• Fines and Penalties: Paying any fines, penalties, or legal costs resulting from violations of laws or regulations

6.3 Host Responsibilities

Hosts who allow commercial or business advertising use of their parking spots are responsible for:

• Property Authorization: Ensuring they have the legal right to permit commercial use and that such use is allowed under their property agreements, leases, or HOA rules
• Local Compliance: Verifying that commercial advertising is permitted under local zoning laws and regulations
• Neighbor Relations: Managing any complaints or disputes with neighbors or property managers
• Liability: Understanding that they may be subject to fines, penalties, or legal action if renters violate local laws or regulations

6.4 Platform Disclaimers and Limitations

SwiftSpot provides the platform for connecting hosts and renters but assumes no responsibility for commercial advertising use:

• No Legal Verification: SwiftSpot does not verify compliance with local laws, zoning regulations, or permit requirements
• No Legal Advice: SwiftSpot does not provide legal advice regarding commercial use, permits, or regulatory compliance
• No Content Review: SwiftSpot does not review, approve, or monitor advertising content for legality, appropriateness, or compliance
• No Liability: SwiftSpot is not liable for zoning violations, fines, penalties, neighbor complaints, intellectual property disputes, or any legal consequences arising from commercial advertising use
• No Mediation: SwiftSpot does not mediate disputes arising from commercial advertising use, neighbor complaints, or regulatory enforcement
• No Guarantees: SwiftSpot makes no representations or warranties regarding the legality, appropriateness, or permissibility of commercial advertising use in any jurisdiction

6.5 Indemnification

By using a parking spot for commercial or business advertising, you agree to indemnify, defend, and hold harmless SwiftSpot, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, expenses (including reasonable legal fees), fines, penalties, or regulatory enforcement actions arising from or related to:

• Your commercial advertising use of the parking spot
• Any violation of local, provincial, or federal laws or regulations
• Zoning violations or permit non-compliance
• Neighbor complaints or disputes
• Intellectual property infringement claims
• Content-related legal issues
• Any other consequences of your commercial advertising activities

This indemnification obligation survives termination of your account and use of our Services.

6.6 Assumption of Risk

You acknowledge and agree that:

• Commercial advertising use carries inherent risks including legal, regulatory, and financial risks
• You assume all risks associated with commercial advertising use
• SwiftSpot provides no protection, insurance, or coverage for commercial advertising activities
• You are solely responsible for all consequences of your commercial advertising use
• You should consult with legal and regulatory professionals before engaging in commercial advertising use

7. Payments and Fees

7.1 Payment Processing

All payments are processed through our third-party payment processor, Stripe. By using our Services, you agree to Stripe's terms of service and privacy policy.

7.2 Renter Service Fees

SwiftSpot charges a renter service fee on each booking. The exact fee and currency are always shown before you complete checkout.

As of the date of these Terms, for CAD bookings: short-term parking uses about 5% of the rental base with a minimum of $0.75; long-term parking (28 days or longer) and storage use about 5% of the first $2000 of base plus about 3% above that, also with a $0.75 minimum. CAD bookings may also apply a $5.00 minimum rental base before fees are calculated.

Other currencies may still use our legacy schedule until updated: about 7% with a $0.75 minimum, or a flat $1.00 on very small bookings below approximately $4 USD/EUR/GBP (currency-specific).

7.3 Host Commissions

SwiftSpot deducts a host commission from the listed price on completed bookings. Standard bookings use a 4% commission; very small bookings under the legacy schedule may use a 4% commission. Current rates are also shown in the host dashboard.

7.4 Small Booking Processing Fee

When the flat small-booking renter fee applies under the legacy schedule (see Section 7.2), it replaces the percentage-based renter service fee for that transaction. Thresholds are currency-specific and disclosed at checkout. CAD bookings under the current segmented schedule do not use this flat small-order path.

7.5 Host Payouts

Host payouts are processed through Stripe Connect after a booking completes. Host identity verification for payouts is completed directly inside Stripe during Connect onboarding. Transfers to your Stripe balance typically occur when the booking is marked complete; bank deposit timing follows your Stripe payout schedule. Payouts may be delayed or withheld for Stripe verification, fraud review, Connect onboarding, or dispute resolution. If a renter receives a refund after you were paid, SwiftSpot may reverse or claw back the corresponding host transfer.

7.6 Taxes

You are responsible for determining and paying any applicable taxes related to your use of our Services. We may provide tax reporting information but are not responsible for tax compliance.

7.7 When you are charged (fixed bookings)

Payment timing is shown at checkout and may differ by space type and how soon your booking starts:

• Parking (near-term start): If your scheduled start is within approximately 6 days, we may authorize your card at checkout and capture the booking amount when your parking period begins.
• Parking (immediate or far-future start): We capture payment when you complete checkout.
• Storage: Rentals are prepaid; payment is captured when you complete checkout for the booked period.
• Pay-as-you-go parking: A temporary card authorization (at least approximately $2 or the Stripe minimum for your currency) may apply at checkout; session charges are calculated when you end your session.

7.8 Card verification holds

For fixed parking and storage bookings (not pay-as-you-go), when you pay with a card that has not previously been used for a completed SwiftSpot booking, we may place a separate temporary authorization of approximately $1.00 in the booking currency to verify the card. This hold is not a booking charge and is released when your booking completes or is cancelled according to our policies. Pay-as-you-go parking uses the authorization described in Section 7.7 instead.

7.9 No host-set cleaning fees or security deposits

SwiftSpot does not collect host-set cleaning fees or security deposits at checkout. Any additional charges after a booking (such as late departure fees) follow the processes described in our role-specific terms and policies.

Eligible cancellations follow our Política de cancelación: captured payments may be refunded; authorizations and verification holds may be released without charge.

8. User Content and Intellectual Property

8.1 User Content License

By posting content on our Services, you grant SwiftSpot a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to use, copy, modify, distribute, and display your content in connection with operating and marketing our Services.

8.2 Content Responsibility

You are solely responsible for your content and warrant that:

• You own or have the necessary rights to the content
• Your content does not violate any third-party rights
• Your content is accurate and not misleading
• Your content complies with applicable laws and these Terms

8.3 SwiftSpot Intellectual Property

Our Services and all related content, features, and functionality are owned by SwiftSpot and are protected by copyright, trademark, and other intellectual property laws. You may not use our intellectual property without our prior written consent.

9. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

10. Third-Party Services

Our Services may integrate with or contain links to third-party services, including payment processors, mapping services, and analytics providers. We are not responsible for the availability, accuracy, or content of these third-party services. Your use of third-party services is subject to their respective terms and policies.

11. Disclaimers and Warranties

11.1 Service Availability

Our Services are provided "as is" and "as available." We do not guarantee that our Services will be uninterrupted, error-free, or completely secure.

11.2 No Warranties

To the fullest extent permitted by law, SwiftSpot disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

11.3 User Interactions

SwiftSpot is not a party to the agreements between hosts and renters. We do not guarantee the quality, safety, or legality of listings, the truth or accuracy of user content, or the ability of users to perform their obligations.

12. Limitation of Liability

To the fullest extent permitted by applicable law:

• SwiftSpot shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability to you for any claims arising from these Terms or your use of our Services shall not exceed the amount you paid to SwiftSpot in the 12 months preceding the claim
• We shall not be liable for any damages arising from your interactions with other users or third parties
• Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so these limitations may not apply to you

13. Indemnification

You agree to defend, indemnify, and hold harmless SwiftSpot, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from:

• Your use of our Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your content or listings
• Your interactions with other users

14. Account Suspension and Termination

14.1 Termination by You

You may terminate your account at any time by contacting us at [email protected]. Upon request, we will delete your account and associated personal data in accordance with our Privacy Policy and applicable data protection laws. Please note that we may retain certain information as required by law or for legitimate business purposes.

14.2 Termination by SwiftSpot

We may suspend or terminate your account immediately, without prior notice, if you:

• Violate these Terms or our policies
• Engage in fraudulent or illegal activities
• Pose a risk to other users or our platform
• Fail to pay applicable fees

14.3 Effect of Termination

Upon termination, your right to use our Services ceases immediately. Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

15. Dispute Resolution

15.1 Booking disputes and issue reports

If a problem arises during or after a booking, use the in-app or web issue-report tools on that booking. Hosts and renters may submit one report per booking for categories such as property damage, mess or items left behind, access issues, permitted-use / compliance concerns (use that may breach listing rules or local bylaws), or other issues. Hosts may report while a booking is confirmed or active, not only after checkout. SwiftSpot reviews reports and may contact parties, adjust refunds, require cure, terminate a rental for cause, or take enforcement action. Submitting a report does not automatically charge the other party. SwiftSpot does not currently operate an automated host damage-claim charge system at checkout.

15.2 Informal Resolution

Before initiating formal proceedings, you agree to attempt to resolve any dispute informally by contacting us at [email protected].

15.3 Binding Arbitration

Any dispute that cannot be resolved informally shall be resolved through binding arbitration conducted in British Columbia, Canada, in accordance with the rules of the British Columbia International Commercial Arbitration Centre. Either party may apply to a court of competent jurisdiction in British Columbia for interim or conservatory measures, or to compel or enforce arbitration, as permitted by applicable law. An arbitral award may be entered and enforced in any court of competent jurisdiction.

15.4 Class Action Waiver

To the fullest extent permitted by applicable law, you agree to waive any right to participate in class actions or class-wide arbitration. All disputes must be brought in your individual capacity. Nothing in this section limits any right that cannot be waived under the laws of your jurisdiction.

16. Force Majeure

SwiftSpot shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, network infrastructure failures, or strikes.

17. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Subject to Section 15, the courts of British Columbia have exclusive jurisdiction to hear applications to compel or stay arbitration, to appoint an arbitrator where the rules permit, and to enforce, recognize, or set aside an arbitral award, and to grant interim or equitable relief where permitted by applicable law.

If Section 15 does not apply to a dispute or is held unenforceable in respect of that dispute, the courts of British Columbia have exclusive jurisdiction over that dispute, to the extent permitted by applicable law.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

19. Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section shall be void.

20. Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and SwiftSpot regarding your use of our Services and supersede all prior agreements and understandings.

21. Notices

We may provide notices to you via email, postal mail, or postings on our Services. You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

22. Contact Information

If you have any questions about these Terms, please contact us: