Terms of Service | ParkEntra

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Mind Enterprises LLC, a California limited liability company, d/b/a Park Entra (“Company,” “we,” “us,” or “our”), governing your access to and use of the Park Entra platform, including any associated websites, applications, APIs, and services (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you meet this requirement and that all information you provide is accurate and complete. If you are using the Service on behalf of an organization (such as an HOA, property management company, or security firm), you represent that you have the authority to bind that organization to these Terms.

The Service is not directed at children under the age of 13 (or 16 in certain jurisdictions), and we do not knowingly collect personal information directly from children. If a property administrator or resident submits information about a minor household member (such as a name for household identification purposes), this information is provided by the adult account holder, not collected directly from the child. The adult account holder represents that they are the parent or legal guardian of any minor whose information they submit and that they consent to the inclusion of such information in the Service. If we become aware that personal information has been collected directly from a child under 13 without verified parental consent, we will delete such information promptly. To report concerns about children’s data, contact us at support@parkentra.com.

2. Account Registration

To access certain features of the Service, you must create an account or be invited by a property administrator. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate accounts that violate these Terms.

3. Description of Service

Park Entra is a cloud-based parking enforcement and property management platform designed for multi-unit residential communities. The Service includes, but is not limited to: vehicle registration and tracking, license plate verification, guest pass management, parking enforcement workflows, violation and citation management, payment processing, parking space and storage unit leasing, analytics and reporting, and email notifications. The specific features available to you depend on your role (administrator, enforcer, or resident) and the configuration set by your property administrator.

4. Subscription Plans and Billing

4.1 Plans

The Service is offered on a subscription basis. Current pricing is published on our website and is subject to change with thirty (30) days’ prior notice. All plans include access to all features; plans are differentiated solely by the number of units managed.

4.2 Payment

Subscription fees are billed in advance on a monthly or annual basis through Stripe. All fees are stated in U.S. dollars and are non-refundable except as expressly provided in these Terms. You authorize us to charge the payment method on file for all applicable fees.

4.3 Cancellation

You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to the Service through the end of your current billing period. No partial refunds are issued for unused time within a billing period.

5. Acceptable Use

You agree not to use the Service to:

Violate any applicable federal, state, or local law or regulation
Infringe the intellectual property or privacy rights of any third party
Upload or transmit malicious code, viruses, or any harmful software
Attempt to gain unauthorized access to any portion of the Service, other accounts, or any systems or networks connected to the Service
Use the Service for any purpose other than managing parking and property operations for your authorized community
Scrape, crawl, or use automated means to access the Service without our prior written consent
Interfere with or disrupt the integrity or performance of the Service
Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
Use enforcement features (warnings, citations, tow requests) in bad faith, for harassment, or in a manner that violates applicable law

6. User Content and Data

6.1 Ownership

You retain ownership of all data and content you submit to the Service (“User Content”), including vehicle records, resident information, enforcement actions, and uploaded photos. By using the Service, you grant us a limited, non-exclusive license to use, store, process, and display User Content solely to provide and improve the Service.

6.2 Responsibility

You are solely responsible for the accuracy, legality, and appropriateness of User Content. You represent that you have all necessary rights and consents to submit User Content to the Service, including any personal information of residents, enforcers, or other individuals.

6.3 Data Export

You may export your data at any time through the Service. Upon termination, we will make your data available for export for thirty (30) days. After this period, we may delete your data in accordance with our Privacy Policy.

6.4 Photo Evidence and License Plate Data

The Service enables authorized enforcers to photograph vehicles, license plates, and surrounding areas on private property managed by the property administrator (“Photo Evidence”). Photo Evidence is collected solely for the purpose of documenting parking enforcement actions and verifying vehicle compliance.

By enabling enforcement features, the property administrator represents and warrants that: (a) all photography occurs on property that the administrator has legal authority to manage; (b) enforcers are authorized agents of the property and have the property owner’s or HOA’s consent to conduct enforcement activities including photography; (c) the property administrator has posted adequate signage on the property informing vehicle owners and visitors that vehicles may be photographed for parking enforcement purposes; and (d) the collection and use of Photo Evidence complies with all applicable federal, state, and local laws, including but not limited to the California Civil Code Sections 1798.90.5 through 1798.90.55 (Automatic License Plate Recognition).

Photo Evidence is stored securely on the Service and is accessible only to authorized personnel within the same property tenant. Photo Evidence is retained in accordance with our Privacy Policy and the data retention settings configured by the property administrator. We do not sell, share, or transfer Photo Evidence or license plate data to any third party except as required by law or as necessary to provide the Service. Mind Enterprises LLC does not direct, control, or supervise the collection of Photo Evidence. We provide the technology platform; all decisions regarding when, where, and how to photograph vehicles are made solely by the property administrator and their authorized enforcers.

6.5 Data Processing and Privacy Obligations

(a) Roles and Responsibilities.When a property administrator uploads, enters, or otherwise submits personal information of residents, enforcers, household members, or other individuals to the Service (“End User Data”), the property administrator (or the entity they represent, such as the HOA or property management company) acts as the data controller (or “business” under the California Consumer Privacy Act). Mind Enterprises LLC acts as a data processor (or “service provider” under the CCPA) and processes End User Data solely on behalf of, and in accordance with the documented instructions of, the property administrator for the purpose of providing the Service.

(b) Administrator Obligations.The property administrator represents and warrants that: (i) the administrator has a lawful basis for collecting and submitting End User Data to the Service, including any required consent or notice under applicable data protection laws; (ii) the administrator has provided residents and other individuals whose data is submitted with adequate notice of how their data will be processed, including disclosure that a third-party platform (Park Entra) is used to store and process their information; (iii) the administrator will respond to data subject rights requests (including requests for access, correction, deletion, and portability) from their residents and will use the tools provided by the Service or contact us to facilitate such requests; and (iv) the administrator’s collection and use of End User Data complies with all applicable federal, state, and local privacy laws, including the California Consumer Privacy Act (Civil Code 1798.100 et seq.) and any applicable state data protection laws.

(c) Our Obligations as Service Provider. Mind Enterprises LLC will: (i) process End User Data only as necessary to provide the Service and as documented in these Terms and our Privacy Policy; (ii) not sell, share (as defined by the CCPA), or use End User Data for any purpose other than providing the Service; (iii) not combine End User Data with personal information received from other sources except as permitted by applicable law; (iv) implement and maintain commercially reasonable security measures to protect End User Data; (v) notify the property administrator without undue delay upon becoming aware of a data breach affecting End User Data; and (vi) upon termination, make End User Data available for export and delete it in accordance with Section 6.3 and our Privacy Policy.

(d) Data Processing Agreement. For property administrators that require a formal Data Processing Agreement (“DPA”) to meet their obligations under applicable privacy laws, we will make our standard DPA available upon request at support@parkentra.com. The DPA will supplement these Terms with additional details regarding data processing scope, sub-processors, data transfer mechanisms, and audit rights.

7. Payment Processing and Stripe Connect

7.1 Stripe Connect

The Service uses Stripe Connect to enable property administrators to collect payments from residents for guest passes, parking spaces, storage units, EV charging, and violation fines. To accept payments, you must connect a Stripe account (“Connected Account”) through the Service. By connecting your Stripe account, you agree to be bound by the Stripe Connected Account Agreement, the Stripe Terms of Service, and the Stripe Privacy Policy.

7.2 Role of Mind Enterprises LLC

Mind Enterprises LLC acts as a technology platform, not a payment processor, money transmitter, or financial institution. We facilitate the connection between your Stripe account and the Service but do not hold, control, or have access to your funds at any time. All payments are processed directly by Stripe and deposited into your Connected Account. We are not a party to any transaction between you and your residents.

7.3 No Commissions or Revenue Sharing

Mind Enterprises LLC does not take any commission, transaction fee, or percentage of revenue collected through your Connected Account. You pay only your subscription fee to us and any standard processing fees charged directly by Stripe. All revenue from guest passes, parking spaces, storage units, EV charging, and fines belongs entirely to you.

7.4 Account Ownership and Authorization

The individual who connects a Stripe account to the Service represents and warrants that they have the legal authority to do so on behalf of the property, HOA, property management company, or other entity they represent. Mind Enterprises LLC does not verify whether the Connected Account belongs to the individual personally, the HOA, the property management company, or any other entity. We do not verify the ownership of the bank account, business entity, or legal structure associated with the Connected Account.

It is the sole responsibility of the property, HOA board, or property management company to ensure that: (a) the person connecting the Stripe account is authorized to do so; (b) the Connected Account is linked to the appropriate bank account designated by the organization (not a personal account, unless authorized by the organization); and (c) the Connected Account is set up under the correct legal entity. Mind Enterprises LLC is not responsible for verifying, auditing, or monitoring which bank account, individual, or entity receives funds collected through the Service.

7.5 Misuse of Funds and Fiduciary Disputes

Mind Enterprises LLC is not liable for any misappropriation, diversion, theft, or misuse of funds collected through the Service. If an administrator, board member, property manager, or any other individual connects a personal bank account, unauthorized account, or otherwise directs community revenue to an account not designated by the organization, that is a matter between the organization, the individual, and applicable law enforcement or civil authorities. We do not monitor, control, or audit the destination of funds once they are deposited by Stripe into the Connected Account.

Any disputes regarding the ownership, allocation, or distribution of revenue collected through the Service (including but not limited to disputes between HOA board members, property managers, management companies, or property owners) shall be resolved between the parties involved. Mind Enterprises LLC shall not be named as a party to, or held liable in, any such dispute. You agree to indemnify and hold harmless Mind Enterprises LLC from any claims arising from the misuse, misallocation, or unauthorized receipt of funds by any individual associated with your property or organization.

7.6 Account Responsibilities

As the holder of the Connected Account, you are solely responsible for:

Completing Stripe’s identity verification and Know Your Customer (KYC) requirements
Maintaining your Connected Account in good standing with Stripe
Ensuring the Connected Account is linked to the correct bank account as authorized by your organization
Ensuring all payment amounts, descriptions, and charges comply with applicable laws and your community’s governing documents
Complying with your organization’s internal financial controls, bylaws, and fiduciary obligations
All tax reporting obligations related to revenue collected through the Service, including but not limited to IRS Form 1099-K requirements
Setting appropriate pricing for guest passes, parking spaces, storage units, and other chargeable services within the platform
Obtaining any necessary approvals from your HOA board, property owner, or management company before connecting a Stripe account or modifying payment settings

7.7 Disputes, Refunds, and Chargebacks

All payment disputes, refund requests, and chargebacks are the responsibility of the Connected Account holder. If a resident disputes a charge, the dispute is handled between you, Stripe, and the resident’s payment provider. Mind Enterprises LLC is not liable for any chargebacks, dispute fees, reversals, or losses arising from payment disputes. You are responsible for maintaining sufficient records and evidence to respond to disputes. The Service provides tools such as photo evidence, audit logs, and transaction records to assist you, but the outcome of any dispute is determined by Stripe and the applicable card network.

7.8 Data Shared with Stripe

When you connect your Stripe account, certain information is shared with Stripe to facilitate payment processing, including: your business name and contact information, transaction amounts and descriptions, and payer details necessary to process payments. This data is subject to Stripe’s Privacy Policy. We share only the minimum information necessary to process transactions.

7.9 Disconnection and Suspension

We reserve the right to disconnect your Connected Account or suspend payment processing if: (a) you violate these Terms or Stripe’s terms; (b) Stripe notifies us of issues with your account; (c) we detect fraudulent, abusive, or unauthorized activity; or (d) your subscription to the Service is terminated. You may disconnect your Stripe account at any time through your account settings. Disconnecting your Stripe account will disable payment collection for your property but will not affect your subscription or other features of the Service. Outstanding transactions initiated before disconnection will be processed according to Stripe’s standard settlement schedule.

7.10 Stripe Availability

We are not responsible for Stripe’s availability, performance, errors, downtime, or service disruptions. If Stripe modifies its terms, fees, or services in a way that affects your use of payment features, you acknowledge that such changes are outside our control. We will make commercially reasonable efforts to notify you of any Stripe changes that materially affect the Service.

8. Email Communications

By using the Service, you consent to receive transactional and administrative email communications, including but not limited to: account verification and security alerts, guest pass confirmations and expiration notices, vehicle registration confirmations, violation and citation notices, payment receipts and reminders, parking space and storage unit lease notifications, and system maintenance notifications. These communications are integral to the operation of the Service and cannot be opted out of while your account remains active, as permitted under the CAN-SPAM Act (15 U.S.C. 7701 et seq.) for transactional or relationship messages.

All emails are sent from verified domains operated by Mind Enterprises LLC. We do not send unsolicited commercial email or share your email address with third parties for marketing purposes. Property administrators acknowledge that enforcement-related emails (violation notices, citation notifications, payment reminders) are sent to residents on behalf of the property and that the administrator is responsible for ensuring such notices are consistent with their community’s governing documents and applicable law.

9. Third-Party Services

The Service relies on third-party infrastructure providers, payment processors, and service vendors to operate, including but not limited to: Supabase (database hosting and authentication), Stripe, Inc. (payment processing), Vercel, Inc. (web hosting and deployment), Amazon Web Services (cloud infrastructure), and Resend (email delivery) (collectively, “Third-Party Services”).

9.1 No Endorsement or Warranty

Mind Enterprises LLC does not own, control, or operate any Third-Party Service. We do not endorse, warrant, or assume responsibility for the accuracy, reliability, availability, security, or performance of any Third-Party Service. Each Third-Party Service is provided subject to its own terms of service and privacy policy, which you acknowledge and agree to be bound by to the extent applicable.

9.2 Limitation of Liability

WE SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR DISRUPTION ARISING FROM OR RELATED TO: (I) ANY OUTAGE, DOWNTIME, ERROR, DATA LOSS, OR SERVICE INTERRUPTION OF ANY THIRD-PARTY SERVICE; (II) ANY CHANGES TO THE TERMS, PRICING, FEATURES, OR AVAILABILITY OF ANY THIRD-PARTY SERVICE; (III) ANY SECURITY BREACH OR UNAUTHORIZED ACCESS OCCURRING WITHIN A THIRD-PARTY SERVICE’S INFRASTRUCTURE; OR (IV) ANY THIRD-PARTY SERVICE’S FAILURE TO COMPLY WITH APPLICABLE LAWS OR ITS OWN TERMS OF SERVICE.

9.3 Reasonable Efforts

We will use commercially reasonable efforts to: (i) select Third-Party Services with appropriate security practices and certifications; (ii) maintain data processing agreements with Third-Party Services that handle personal information; (iii) notify you promptly of any Third-Party Service disruption that materially affects the Service; and (iv) provide alternative solutions or workarounds when commercially feasible.

10. Intellectual Property

The Service, including all software, design, text, graphics, logos, icons, and trademarks, is the property of Mind Enterprises LLC and is protected by United States and international intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works based on the Service without our prior written consent. “Park Entra” and the Park Entra logo are trademarks of Mind Enterprises LLC.

11. Enforcement Actions Disclaimer

Park Entra provides tools that enable property administrators and enforcers to issue warnings, citations, and tow requests. Mind Enterprises LLC is not responsible for any enforcement action taken by your community, including but not limited to parking citations, fines, vehicle towing, booting, or impoundment. All enforcement decisions are made solely by the property administrator, management company, HOA, or their authorized agents. We do not initiate, authorize, approve, or validate any enforcement action.

Similarly, guest passes created through the Service are managed entirely by the property and its residents. We are not responsible for any vehicle that is cited, towed, or otherwise penalized due to an expired, invalid, or missing guest pass. It is the responsibility of the resident and their guest to ensure that a valid pass is in effect for the duration of the visit.

You agree that Mind Enterprises LLC shall not be held liable for any damages, losses, costs, or expenses (including towing fees, storage fees, vehicle damage, or legal costs) arising from enforcement actions facilitated through the Service. Any disputes regarding enforcement actions should be directed to the property administrator or management company that operates the parking program, not to Mind Enterprises LLC.

12. No Professional Advice

THE SERVICE IS A TECHNOLOGY PLATFORM AND MANAGEMENT TOOL. MIND ENTERPRISES LLC IS NOT A LAW FIRM, ACCOUNTING FIRM, TAX ADVISOR, FINANCIAL ADVISOR, COLLECTION AGENCY, OR LICENSED PROFESSIONAL OF ANY KIND. NOTHING IN THE SERVICE, INCLUDING BUT NOT LIMITED TO ENFORCEMENT WORKFLOWS, REVENUE DASHBOARDS, PAYMENT PROCESSING FEATURES, FINE AMOUNTS, CITATION TEMPLATES, OR ANALYTICS REPORTS, CONSTITUTES OR SHOULD BE CONSTRUED AS LEGAL, FINANCIAL, TAX, ACCOUNTING, DEBT COLLECTION, OR OTHER PROFESSIONAL ADVICE.

Without limiting the foregoing:

(a) Enforcement Actions.The Service provides tools for issuing warnings, citations, and tow requests, but does not validate whether any enforcement action complies with your community’s CC&Rs, bylaws, state or local parking ordinances, towing regulations, or other applicable law. You are solely responsible for consulting with qualified legal counsel to ensure your enforcement practices are lawful and consistent with your governing documents.

(b) Revenue and Financial Reporting. The Service provides revenue tracking, transaction histories, and reporting features for informational and operational convenience only. These features do not constitute financial statements, accounting records, or tax documents. You are solely responsible for maintaining your own books and records, engaging qualified accountants or tax professionals, and meeting all tax reporting and filing obligations (including but not limited to IRS Form 1099-K reporting, state sales tax obligations, and HOA financial reporting requirements under applicable law such as the California Davis-Stirling Common Interest Development Act).

(c) Fine and Fee Amounts.The Service allows property administrators to configure fine amounts, guest pass prices, parking space fees, and other charges. Mind Enterprises LLC does not verify whether any amount complies with your community’s governing documents, applicable rent control or fee limitation ordinances, or other legal restrictions. You are solely responsible for setting amounts that comply with applicable law.

(d) Debt Collection. The Service facilitates the recording and tracking of unpaid fines and outstanding balances. THE SERVICE IS NOT A DEBT COLLECTION SERVICE AND MIND ENTERPRISES LLC IS NOT A DEBT COLLECTOR UNDER THE FAIR DEBT COLLECTION PRACTICES ACT (15 U.S.C. 1692 ET SEQ.) OR THE CALIFORNIA ROSENTHAL FAIR DEBT COLLECTION PRACTICES ACT (CIVIL CODE 1788 ET SEQ.). Automated payment reminders sent by the Service are administrative notifications, not collection demands. If you use the Service to track unpaid amounts, you are responsible for ensuring your collection practices comply with all applicable debt collection laws.

(e) No Fiduciary Relationship. Mind Enterprises LLC does not act as a fiduciary, agent, or advisor to you, your community, or your residents. Our provision of the Service does not create any fiduciary duty, agency relationship, joint venture, or partnership between us.

YOU SHOULD ALWAYS CONSULT WITH QUALIFIED LEGAL, TAX, ACCOUNTING, AND OTHER PROFESSIONAL ADVISORS REGARDING YOUR SPECIFIC CIRCUMSTANCES BEFORE TAKING ACTION BASED ON INFORMATION PROVIDED BY OR THROUGH THE SERVICE.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MIND ENTERPRISES LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

15. Indemnification

You agree to indemnify, defend, and hold harmless Mind Enterprises LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of a third party; (d) User Content you submit through the Service; (e) any enforcement action taken by you, your staff, or your agents through the Service; (f) any misuse, misallocation, or unauthorized receipt of funds collected through the Service; or (g) your failure to comply with applicable data protection, privacy, or consumer protection laws.

16. Termination

16.1 Termination by You

You may terminate your account at any time by canceling your subscription through your account settings. Upon termination, your right to access the Service will cease at the end of your current billing period.

16.2 Termination by Us

We may suspend or terminate your account immediately and without prior notice if: (a) you breach any provision of these Terms; (b) you fail to pay applicable fees when due; (c) your use of the Service poses a security risk or may subject us or other users to liability; (d) we are required to do so by law; or (e) we reasonably believe your account has been used for fraudulent, illegal, or unauthorized purposes. We will make reasonable efforts to notify you of the basis for termination, except where prohibited by law or where notice could compromise the security of the Service.

16.3 Effect of Termination

Upon termination, your data will remain available for export for thirty (30) days. After this period, we may delete your data in accordance with our Privacy Policy. Termination does not relieve you of any obligation to pay fees accrued prior to termination. Sections 6 (User Content and Data), 7 (Payment Processing and Stripe Connect), 9 (Third-Party Services), 11 (Enforcement Actions Disclaimer), 12 (No Professional Advice), 13 (Disclaimer of Warranties), 14 (Limitation of Liability), 15 (Indemnification), 17 (Dispute Resolution and Arbitration), and 18 (Governing Law) shall survive termination of these Terms.

17. Dispute Resolution and Arbitration

17.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at support@parkentra.com and attempt to resolve the dispute informally for at least thirty (30) days.

17.2 Binding Arbitration

If we cannot resolve the dispute informally, any dispute, controversy, or claim arising out of or relating to these Terms or the Service (except as set forth in Section 17.5 below) shall be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures. The arbitration shall be conducted in Orange County, California, before a single arbitrator. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs of arbitration, except that Mind Enterprises LLC will pay the arbitration filing fees if you are a resident (non-administrator) user and the dispute involves amounts under $10,000.

17.3 Class Action and Jury Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND MIND ENTERPRISES LLC EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. This waiver applies to claims in arbitration and, to the extent permitted by law, in court.

17.4 Opt-Out

You may opt out of the arbitration and class action waiver provisions by sending written notice to support@parkentra.com within thirty (30) days of first accepting these Terms. Your notice must include your full name, email address associated with your account, and a clear statement that you wish to opt out. If you opt out, disputes will be resolved in the state or federal courts of Orange County, California.

17.5 Exceptions

The following are excluded from arbitration and the class action waiver: (i) claims arising under the California Consumer Privacy Act (Civil Code 1798.100 et seq.), including but not limited to claims under Section 1798.150 (data breach private right of action), which may be brought individually or as a class action in court as provided by Civil Code Section 1798.192; (ii) claims for injunctive or equitable relief to protect intellectual property rights; (iii) claims that may not be subject to arbitration under applicable law, including under California Code of Civil Procedure Section 1281.13 to the extent applicable and not preempted by the Federal Arbitration Act; and (iv) small claims court actions within the court’s jurisdictional limits.

17.6 Severability of This Section

If any portion of this Section 17 is found to be unenforceable, the remainder shall continue to apply. If the class action waiver in Section 17.3 is found to be unenforceable as to a particular claim, that claim (and only that claim) shall be severed from arbitration and may proceed in court, while all other claims remain subject to arbitration.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. To the extent any dispute is not subject to arbitration under Section 17, such dispute shall be resolved exclusively in the state or federal courts located in Orange County, California, and you consent to the personal jurisdiction and venue of such courts.

19. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent such failure or delay results from circumstances beyond the party’s reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, pandemics, power outages, internet or telecommunications failures, cyberattacks, or failures of third-party service providers (including Stripe, Supabase, Vercel, and AWS). The affected party shall promptly notify the other party and use commercially reasonable efforts to resume performance.

20. Modifications to the Service

We reserve the right to modify, suspend, or discontinue the Service (or any feature thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service. For material changes that adversely affect your use, we will provide at least thirty (30) days’ notice.

21. Modifications to These Terms

We may revise these Terms from time to time. We will notify you of material changes by posting the updated Terms on the Service and updating the “Effective Date.” Your continued use of the Service after the revised Terms become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

22. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

23. Waiver

The failure of Mind Enterprises LLC to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Company.

24. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.

25. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly referenced herein, constitute the entire agreement between you and Mind Enterprises LLC regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

26. Contact Us

If you have questions about these Terms, contact us at:

Mind Enterprises LLC
Irvine, California
support@parkentra.com