Operator Terms of Service

These Operator Terms of Service (“Agreement”) constitute a binding legal contract between the entity or individual identified during account registration (“Operator,” “you,” or “your”) and NFORSAI LLC, a Florida limited liability company doing business as nfors.ai (“nfors,” “we,” “us,” or “our”), governing your access to and use of the nfors.ai parking enforcement management platform and associated services, including the parkingcharge.ai payment portal (collectively, the “Platform”).

By creating an account, clicking “I agree,” or otherwise accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you are accepting this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement.

1. Definitions

“Agent” means any individual authorized by Operator to use the Platform to issue parking charge notices on Operator’s behalf.

“Parker” means any individual who parks a motor vehicle on Operator’s managed property and who may receive a parking charge notice.

“Parking Charge Notice” means a notice of a parking charge issued through the Platform by Operator or its Agents to a Parker for non-compliance with Operator’s posted parking rules.

“Platform Fee” means the per-transaction fee retained by nfors from each parking charge payment processed through the Platform, as set forth in Section 5.

“Zone” means a designated parking area managed by Operator within the Platform.

“Operator Data” means all data, content, images, and information that Operator or its Agents upload, submit, or generate through the Platform.

2. Platform Services

nfors provides the Platform as a technology service that enables Operator to manage parking enforcement operations on private property. The Platform includes tools for issuing parking charge notices, managing parking zones, processing payments, handling disputes, and configuring Operator’s branded payment portal at a subdomain of parkingcharge.ai.

The Platform is a facilitation tool only. nfors does not operate, manage, own, or control any parking facility. nfors does not issue parking charge notices, set parking rules or rates, employ or direct Agents, or make any decisions regarding the enforcement of parking rules on Operator’s property. All enforcement actions taken through the Platform are initiated, authorized, and controlled solely by Operator.

3. Operator Responsibilities and Obligations

Operator acknowledges and agrees that it bears sole and exclusive responsibility for all aspects of parking enforcement conducted through the Platform, including but not limited to:

3.1 Legal Compliance

Compliance with all applicable federal, state, and local laws, statutes, ordinances, and regulations governing private parking enforcement, including but not limited to the Driver’s Privacy Protection Act (18 U.S.C. §2721 et seq.), the Fair Debt Collection Practices Act (15 U.S.C. §1692 et seq.), and all applicable state consumer protection statutes.

In the State of Florida, full compliance with F.S. §715.075 including but not limited to: posting legally compliant signage at all parking facility entrances; providing working contact information on all signage and notices; honoring the statutory 15-minute grace period; maintaining a compliant dispute and appeal process with access to a neutral third-party adjudicator; and adhering to all late fee timing restrictions.

Compliance with all requirements of any state in which Operator conducts parking enforcement operations, including but not limited to state-specific terminology restrictions, charge amount caps, and notice requirements.

Obtaining all necessary licenses, permits, and authorizations required to operate a private parking enforcement program in each jurisdiction where Operator conducts business.

Ensuring that all parking charge notices, signage, communications, and materials used in connection with the Platform comply with applicable law and do not use terminology reserved for governmental enforcement, including but not limited to the terms “citation,” “ticket,” “fine,” “penalty,” “summons,” or “infraction,” except where such terms are expressly permitted by applicable law.

3.2 Property Authorization

Operator represents and warrants that it has the legal right and authority to enforce parking rules on all properties for which it uses the Platform, whether as owner, lessee, or authorized agent of the property owner.

Operator shall maintain written authorization from each property owner (where Operator is not the owner) and shall produce such authorization upon request by nfors.

Operator shall ensure that all parking rules, rates, and charges enforced through the Platform are lawful and have been properly established and disclosed in accordance with applicable law.

3.3 Signage and Notice

Operator is solely responsible for installing, maintaining, and updating all physical signage required by applicable law at each parking facility where the Platform is used.

Operator acknowledges that the Platform’s automated inclusion of statutory disclaimer language on digital notices does not relieve Operator of its independent obligation to ensure compliance on all physical signage and printed materials.

3.4 Agents and Personnel

Operator is solely responsible for the hiring, training, supervision, and conduct of all Agents and other personnel who access or use the Platform on Operator’s behalf.

Operator shall ensure that all Agents are properly trained on applicable laws, Platform usage, and Operator’s parking enforcement policies before granting Platform access.

All acts and omissions of Operator’s Agents in connection with the Platform shall be deemed acts and omissions of Operator.

3.5 Data and Privacy

Operator is solely responsible for ensuring that its collection, use, storage, and disclosure of personal information obtained through or in connection with the Platform complies with all applicable privacy and data protection laws, including the DPPA.

If Operator obtains personal information from motor vehicle records through any means (whether through third-party services integrated with the Platform or otherwise), Operator represents and warrants that it has a valid permissible purpose under the DPPA and all applicable state laws for each such access.

Operator shall not sell, transfer, or disclose personal information obtained from Parkers through the Platform to any third party except as expressly permitted by applicable law. Operator acknowledges and agrees that F.S. §715.075(5) prohibits the sale or transfer of personal information obtained from Parkers using private parking facilities.

Operator shall implement and maintain reasonable security measures to protect all personal information processed through the Platform.

3.6 Dispute and Appeal Process

Operator is solely responsible for administering the dispute and appeal process required by applicable law, including but not limited to responding to Parker disputes within the timeframes required by F.S. §715.075(1)(d) (5 business days) and providing access to a neutral third-party adjudicator for appeals.

Operator acknowledges that nfors provides the technical infrastructure for dispute submission and tracking but does not adjudicate disputes, render decisions, or serve as a neutral third-party adjudicator.

Operator shall designate qualified personnel to review and respond to disputes in a timely manner and shall bear all costs associated with the dispute and appeal process, including any fees charged by third-party adjudicators.

4. Payment Processing

To receive payments from Parkers through the Platform, Operator must connect a Stripe account via Stripe Connect. Operator agrees to comply with Stripe’s Connected Account Agreement and all applicable Stripe terms of service.

Operator authorizes nfors to initiate payment transactions on Operator’s behalf through Stripe Connect, including the collection of parking charge payments from Parkers and the deduction of the Platform Fee prior to transfer of remaining funds to Operator’s connected Stripe account.

Operator is solely responsible for the accuracy of all charge amounts entered into the Platform. nfors does not verify, validate, or approve the amounts charged to Parkers and bears no liability for charges that are inaccurate, excessive, or not permitted by applicable law.

Operator is responsible for all chargebacks, payment disputes, and refunds arising from parking charges processed through the Platform. In the event a Parker successfully disputes a charge with their bank or credit card issuer, the chargeback amount (including any fees) shall be borne by Operator.

Operator acknowledges that if Operator’s Stripe account is suspended, restricted, or terminated by Stripe for any reason, nfors is not responsible for any loss of revenue, pending payments, or business disruption that may result.

5. Fees, Subscription, and Free Trial

5.1 Per-Charge Platform Fee

nfors shall retain a Platform Fee of Four Dollars ($4.00) from each parking charge payment successfully processed through the Platform. This fee is added to the amount the Parker pays and is collected automatically as a Stripe Connect application fee; it is not deducted from the charge amount transferred to Operator’s connected Stripe account.

The Platform Fee is non-refundable except where a parking charge is voided and a full refund (including the Platform Fee) is issued to the Parker through the Platform’s dispute resolution process.

Stripe’s standard payment processing fees are separate from the Platform Fee. They are added to the Parker’s payment amount and are not deducted from the charge amount transferred to Operator.

nfors reserves the right to modify the Platform Fee upon thirty (30) days’ written notice to Operator. Continued use of the Platform after the effective date of a fee change constitutes acceptance of the updated fee.

5.2 Subscription Licence Fee

Access to the Platform requires a paid subscription following the free trial described in Section 5.3. The subscription fee is Two Hundred Fifty Dollars ($250.00) per month and includes five (5) user accounts. Each additional user account — including any operator, supervisor, or agent — is Thirty Dollars ($30.00) per month, prorated when a user is added or removed mid-cycle. The subscription fee is separate from, and in addition to, the per-charge Platform Fee in Section 5.1 and any metered usage charges in Section 5.4.

nfors reserves the right to modify the subscription fee upon thirty (30) days’ written notice to Operator. Continued use of the Platform after the effective date of a fee change constitutes acceptance of the updated fee.

5.3 Free Trial and Automatic Renewal

New operators receive a ninety (90) day free trial of the Platform. The trial begins when Operator first issues a parking charge notice or first synchronizes a permit; if neither occurs, the trial begins thirty (30) days after Operator completes onboarding. No payment method is required to begin the trial.

When the free trial ends, the subscription described in Section 5.2 begins automatically and renews automatically each month, and the payment method on file will be charged each month, until Operator cancels. Operator may cancel at any time — including at any point during the free trial — from the Billing section of the Platform settings. If Operator cancels before the trial ends, no charge is made. If no payment method is on file when the trial ends, the account is suspended rather than charged, and may be reactivated at any time by adding a payment method.

Subscription fees are billed in advance and are non-refundable. On cancellation, Operator retains access through the end of the billing period already paid for.

5.4 Metered Usage Charges

Certain optional services — including registered-owner (DMV) lookups and the mailing of physical collection letters — incur per-use charges at the rates disclosed in the Platform. These charges accrue to Operator’s account and are billed monthly on the subscription invoice. Metered usage incurred during the free trial is not charged.

6. White-Label Branding and Subdomain

nfors grants Operator a non-exclusive, non-transferable, revocable license to display Operator’s branding (logo, colors, company name) on Operator’s designated subdomain of parkingcharge.ai during the term of this Agreement.

All pages on Operator’s parkingcharge.ai subdomain shall display a “Powered by nfors.ai” attribution in the footer. Operator shall not remove, obscure, or modify this attribution.

Operator represents and warrants that it owns or has the right to use all branding materials uploaded to the Platform and that such materials do not infringe on any third party’s intellectual property rights.

nfors reserves the right to reject or remove any branding materials that it determines, in its sole discretion, are inappropriate, misleading, or likely to be confused with governmental enforcement branding.

7. Intellectual Property

The Platform, including all software, algorithms, user interfaces, designs, documentation, and proprietary technology, is and shall remain the exclusive property of nfors. Nothing in this Agreement grants Operator any ownership interest in the Platform.

Operator retains ownership of Operator Data. Operator grants nfors a non-exclusive, worldwide, royalty-free license to use, store, process, and display Operator Data solely as necessary to provide the Platform services.

nfors may use aggregated, anonymized, and de-identified data derived from Operator’s use of the Platform for purposes of improving the Platform, generating analytics, and developing new features, provided that such data does not identify Operator, any Parker, or any individual.

8. Indemnification

Operator shall indemnify, defend, and hold harmless nfors and its officers, directors, employees, agents, affiliates, successors, and assigns (collectively, “nfors Parties”) from and against any and all claims, actions, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to:

• Operator’s use of the Platform or any enforcement actions taken by Operator or its Agents through the Platform;
• Any parking charge notice issued by Operator or its Agents, including claims that such notice was invalid, unauthorized, excessive, or issued in violation of applicable law;
• Any violation or alleged violation of the DPPA, FDCPA, state consumer protection statutes, or any other applicable law by Operator or its Agents;
• Any claim by a Parker or third party arising from Operator’s parking enforcement activities, including claims of fraud, harassment, invasion of privacy, or unfair business practices;
• Any claim arising from Operator’s failure to maintain required signage, provide required disclosures, honor grace periods, or administer the dispute and appeal process in accordance with applicable law;
• Any breach of this Agreement by Operator or its Agents;
• Any claim arising from Operator’s access to, use of, or disclosure of motor vehicle records or other personal information obtained through any means in connection with Operator’s use of the Platform;
• Any claim arising from the conduct of Operator’s Agents, employees, contractors, or other personnel.

This indemnification obligation shall survive the termination or expiration of this Agreement.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall nfors or any nfors Party be liable to Operator or any third party for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, revenue, goodwill, data, or business opportunity, arising out of or relating to this Agreement or the use of the Platform, regardless of the theory of liability and even if nfors has been advised of the possibility of such damages.

nfors’s total aggregate liability to Operator for all claims arising out of or relating to this Agreement or the Platform shall not exceed the total Platform Fees paid by Operator to nfors during the twelve (12) months immediately preceding the event giving rise to the claim.

nfors provides the Platform on an “as is” and “as available” basis. nfors makes no warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Platform will be uninterrupted, error-free, or secure.

10. Disclaimer of Legal and Enforcement Authority

nfors is a technology provider and is not a law firm, parking enforcement agency, debt collector, or consumer reporting agency. The Platform does not constitute legal advice, and nfors does not provide legal guidance regarding parking enforcement, consumer protection, or data privacy compliance.

While the Platform includes features designed to assist with regulatory compliance (such as automated disclaimer language and dispute workflow timers), these features are provided as a convenience only and do not guarantee legal compliance. Operator is solely responsible for ensuring that its use of the Platform complies with all applicable laws.

nfors does not review, approve, or validate any parking charge notice before it is issued. The decision to issue a parking charge notice, the amount charged, and the basis for the charge are solely within Operator’s control and discretion.

nfors does not have the authority to issue parking charge notices, enforce parking rules, collect debts, access motor vehicle records, or take any enforcement action. All such actions are taken by Operator in its own name and on its own authority.

11. Operator Representations and Warranties

Operator represents and warrants that:

• Operator is a duly organized and validly existing entity under the laws of its jurisdiction of formation, with full power and authority to enter into this Agreement and perform its obligations hereunder;
• Operator has the legal right and authorization to enforce parking rules on all properties for which it uses the Platform;
• All information provided by Operator during registration and throughout its use of the Platform is accurate, current, and complete;
• Operator’s use of the Platform will comply with all applicable laws, including but not limited to the DPPA, FDCPA, and all applicable state parking enforcement and consumer protection statutes;
• Operator will not use the Platform for any fraudulent, deceptive, extortionate, or unlawful purpose;
• Operator will not use the Platform to issue parking charge notices for properties on which Operator does not have enforcement authority;
• Operator will not use the Platform to issue parking charge notices in amounts that exceed the maximum permitted by applicable law;
• Operator will maintain all required insurance coverage for its parking enforcement operations.

12. Term and Termination

This Agreement commences on the date Operator creates an account on the Platform and continues until terminated by either party.

Operator’s subscription and free trial — including automatic renewal, billing, suspension for non-payment or a lapsed trial, and cancellation — are governed by Section 5.3. Suspension of Platform access for an unpaid or lapsed subscription does not by itself terminate this Agreement; Operator may reactivate by adding a payment method, and Operator Data is retained during any such suspension.

Either party may terminate this Agreement at any time for any reason upon thirty (30) days’ written notice to the other party.

nfors may immediately suspend or terminate Operator’s access to the Platform without notice if: (i) Operator breaches any material provision of this Agreement; (ii) nfors reasonably believes Operator is using the Platform in violation of applicable law; (iii) nfors receives a complaint, legal demand, or regulatory inquiry related to Operator’s use of the Platform; (iv) Operator’s Stripe account is suspended or terminated; or (v) nfors determines, in its sole discretion, that Operator’s continued use of the Platform poses a risk to nfors, other operators, or the Platform.

Upon termination, Operator’s access to the Platform shall cease immediately. nfors will continue to process pending payments for parking charges issued prior to termination for a period of ninety (90) days, after which any unresolved charges shall be Operator’s responsibility to collect independently. Operator may export all Operator Data at any time via the Data Export tools in the Platform or by written request to support@nfors.ai.

Sections 3 (Operator Responsibilities), 5 (Fees, as to amounts accrued), 7 (Intellectual Property), 8 (Indemnification), 9 (Limitation of Liability), 10 (Disclaimer), 14 (Governing Law), and 15 (Dispute Resolution) shall survive termination of this Agreement.

13. Confidentiality

Each party agrees to maintain the confidentiality of the other party’s proprietary and confidential information disclosed in connection with this Agreement and to use such information solely for the purposes of performing its obligations hereunder.

Confidential information does not include information that: (i) is or becomes publicly available through no fault of the receiving party; (ii) was known to the receiving party prior to disclosure; (iii) is independently developed by the receiving party without reference to the disclosing party’s confidential information; or (iv) is rightfully received from a third party without restriction.

Notwithstanding the foregoing, nfors may disclose Operator’s information as required by law, regulation, or legal process, or as necessary to respond to a regulatory inquiry, legal demand, or law enforcement request.

14. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws provisions. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Escambia County, Florida, and each party irrevocably consents to the jurisdiction of such courts.

15. Dispute Resolution

The parties agree to attempt to resolve any dispute arising out of or relating to this Agreement through good-faith negotiation for a period of thirty (30) days before initiating any legal proceeding.

If the dispute is not resolved through negotiation, either party may initiate binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Pensacola, Florida, 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 and attorneys’ fees in connection with any arbitration, except that the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs from the non-prevailing party.

Class Action Waiver: Operator agrees that any dispute shall be resolved on an individual basis and not as part of any class, consolidated, or representative action.

16. Data Processing and Security

nfors processes Operator Data and Parker personal information solely to provide the Platform services described in this Agreement. nfors will not sell, rent, or share Parker personal information with third parties except as necessary to provide the Platform services (e.g., transmitting payment information to Stripe).

nfors maintains commercially reasonable administrative, technical, and physical safeguards to protect data stored on the Platform, including encryption of data in transit and at rest.

In the event of a data breach affecting Operator Data or Parker personal information, nfors will notify Operator without unreasonable delay and in any event no later than seventy-two (72) hours after nfors’s confirmation of a reportable breach, and will cooperate with Operator in investigating and remediating the breach.

Operator is the data controller with respect to all Parker personal information collected through Operator’s use of the Platform. nfors acts as a data processor on Operator’s behalf. Operator is responsible for providing any required notices to Parkers regarding the collection and use of their personal information.

17. Insurance

Operator shall maintain, at its sole cost and expense, commercially reasonable insurance coverage appropriate for its parking enforcement operations, including general liability insurance with minimum coverage of $1,000,000 per occurrence and $2,000,000 in the aggregate. Upon request, Operator shall provide nfors with certificates of insurance evidencing such coverage.

18. Modifications to Agreement

nfors reserves the right to modify this Agreement at any time. nfors will provide Operator with at least thirty (30) days’ written notice of any material changes. Continued use of the Platform after the effective date of any modification constitutes Operator’s acceptance of the modified terms. If Operator does not agree to the modified terms, Operator’s sole remedy is to terminate this Agreement in accordance with Section 12.

19. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to natural disasters, acts of government, pandemic, internet or telecommunications failures, power outages, or third-party service provider outages (including Stripe, Mapbox, or hosting providers).

20. Miscellaneous

Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous agreements, understandings, and communications, whether written or oral.

Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver. The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

Assignment. Operator may not assign or transfer this Agreement or any rights hereunder without the prior written consent of nfors. nfors may assign this Agreement without restriction.

Notices.All notices under this Agreement shall be sent by email to the addresses associated with each party’s account, and shall be deemed received upon delivery.

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

No Third-Party Beneficiaries. This Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement, including Parkers.