Welcome to the website and mobile applications of HubyPark, Inc. (“HubyPark”, “we”, “us”, or “our”). The use of the content, services, and tools available on the HubyPark platform (hereinafter, the “Platform”) is subject to the following Terms and Conditions.
BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE USING THE PLATFORM AND HUBYPARK SERVICES.
Description & Legal Nature of Services
“HubyPark acts exclusively as a technological facilitator that connects Hosts (Arrendantes) and Drivers/Guests (Arrendatarios), and as a limited agent for payment collection. The reservation of a parking space constitutes a legal temporary use license agreement entered into exclusively between the Host and the Driver. HubyPark is not a party to the lease/license contract, does not take custody of vehicles, does not provide security or surveillance services, and assumes no liability for theft, robbery, material damage, or contractual breaches arising between the parties.”
The services provided by HubyPark (the “Marketing Services”) are limited to:
- ✓Informing Users about the location and potential availability of parking spaces (“Spaces”).
- ✓Facilitating the reservation of Spaces (“Reservations”) by displaying availability, processing transactions, and collecting fees on behalf of parking space owners, lessors, or operators (“Licensors”).
When HubyPark receives your payment, your payment obligation to the Licensor for the Reservation is fully satisfied. However, you will be responsible for any additional on-site fees incurred outside of HubyPark's scope.
Excluded Services — HubyPark DOES NOT:
- ✕Negotiate licenses or resolve disputes directly on-site between users and parking facilities.
- ✕Provide parking services or operate parking facilities or physical premises.
- ✕Accept custody of vehicles or responsibility for the safety of property or individuals in the Spaces.
Licensors are independent third parties and are not agents or employees of HubyPark. HubyPark does not guarantee the final physical availability of a space, but in the event of issues upon your arrival, our support team will seek an alternative space or process a refund in accordance with our policies.
Legal Conditions for Space Hosts / Owners
Space Provider / HubyPark PartnerThe Host assumes the role of space provider and must comply with the following obligations:
ALegal Capacity and Authorization
Guarantee of Rights: The Host declares that they are the legitimate owner or possess valid written authorization from the owner or HOA/condominium administration to lease or sublease the space.
Guarantee of Free Access: The Host commits that the reserved parking space will be 100% unoccupied, unobstructed, and fully accessible throughout the entire duration of the user's booking.
BCondition and Safety of the Space
Minimum Conditions: The space must satisfy baseline safety standards, adequate lighting, and suitable dimensional clearances for the vehicle category booked.
Clear Instructions: The Host is solely responsible for providing precise access instructions (gate codes, stall numbers, access fob instructions, etc.) via the app.
CLiability for Damages and Disputes
Premises Negligence Exclusion: If the user suffers an accident or vehicle damage resulting from structural defects on the premises (e.g., malfunctioning security gates, falling ceiling debris, leaking pipes), the Host shall assume liability toward the user.
Indemnification of HubyPark: The Host releases and holds harmless HubyPark from any claims, disputes, or legal actions brought by drivers, condo boards, or neighbors arising from improper or unauthorized use of the parking space.
Legal Conditions for Drivers / Guests
User / Vehicle DriverThe Driver is a temporary user of the space and must abide by strict standards of conduct and usage:
APermitted Space Use
Exclusive Parking Use: The space may strictly be utilized to park the specific vehicle registered in the booking (matching license plate, make, and model).
- ✕Using the space for storage or as a warehouse.
- ✕Performing mechanical repairs, oil changes, or automotive work on site.
- ✕Subletting, reselling, or reassigning the reservation to any third party.
- ✕Encroaching onto adjacent parking stalls (parking beyond marked stall boundaries).
BSchedules and Overstay Penalties
Adherence to Schedule: The Driver must vacate and remove the vehicle within the booked reservation window.
Extemporaneous Charges: If the vehicle remains past the reserved timeframe, the Driver authorizes HubyPark to charge the applicable fee for additional time plus an administrative fee or stipulated penalty.
Right of Removal / Towing: If a vehicle remains abandoned or without payment of additional fees past the allowed grace period, the Host or HubyPark possesses full legal authority to arrange vehicle towing and removal at the sole risk and expense of the Driver.
CProperty Damage Liability
Property Damages: The Driver is legally and financially responsible for any damage caused by their vehicle or conduct to the Host's premises (gates, walls, pillars, other parked vehicles, access controls, or sensors).
Licensors and Parking Rules
HubyPark displays available Spaces but does not set prices, manage staff, or control the internal rules of each parking facility. The use of the reserved Space is subject to the Licensor's agreements and rules (such as operating hours, height limits, key policies, and safety standards). By making a Reservation, you agree to comply with the rules of the applicable parking facility.
User Accounts
To access certain features, you must create a User Account. You agree to provide accurate, complete, and updated information.
- •You are solely responsible for maintaining the confidentiality of your username and password.
- •Immediately notify HubyPark if you detect any unauthorized use of your account.
- •The use of accounts belonging to third parties without prior written authorization is prohibited.
Content Use and Intellectual Property
All content on the Platform (text, graphics, logos, code, design, and images) is the exclusive property of HubyPark or its licensors and is protected by copyright and intellectual property laws.
The reproduction, modification, distribution, resale, or commercial exploitation of any content or Reservation without the express written consent of HubyPark is prohibited.
Resale Prohibition
Reselling Reservations to third parties is strictly prohibited. If unauthorized resale of a reservation is detected, the HubyPark account may be suspended and associated reservations cancelled without right to a refund.
Fees, Payments, and Subscriptions
Payments: When making a Reservation, you authorize HubyPark to charge your selected payment method the total amount shown at checkout.
Processing: HubyPark uses secure third-party payment processors (such as Stripe). By paying, you also agree to the applicable payment processor's terms.
Subscriptions and Recurring Payments: If you purchase a subscription-based service (e.g., monthly parking), you authorize HubyPark to store your payment method and execute automatic recurring charges at the beginning of each billing cycle, until you cancel the subscription through the app or by contacting support.
Taxes: Displayed prices include applicable taxes required by local laws corresponding to the transaction and intermediation services.
Cancellations and Refunds
- •Reservations are cancellable according to the HubyPark Cancellation Policy in effect at the time of purchase or the specific terms stated on the parking listing.
- •Once the Reservation period has commenced, the transaction is non-refundable, regardless of use or non-use of the space (for example, delays due to traffic or weather).
- •If a technical error occurs during billing or reservation confirmation, HubyPark reserves the right to cancel the transaction and refund the corresponding amount.
Referral and Incentive Programs
HubyPark may issue promotions, discount codes, or referral credits ("Promotional Incentives").
- •Promotional Incentives have no cash value, are non-transferable, and cannot be redeemed for cash.
- •HubyPark reserves the right to deactivate or revoke any credit or promo code in the event of error, fraud, misuse, or expiration.
Permitted Use and Platform Security
The following actions are strictly prohibited:
Limitation of Liability and Warranties
THE PLATFORM AND ITS SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". HUBYPARK DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HUBYPARK AND ITS AFFILIATES SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGE TO VEHICLES, THEFT, OR LOSS OF PROPERTY WITHIN PARKING FACILITIES) ARISING FROM THE USE OF THE PLATFORM OR SERVICES PROVIDED BY LICENSORS.
Account Cancellation or Suspension
HubyPark reserves the right to suspend or terminate your access to the Platform at any time and without prior notice in the event of a breach of these Terms and Conditions or suspicion of fraudulent activities.
Dispute Resolution and Governing Law
In the event of any dispute or claim related to the Services or these Terms, the user agrees to first contact HubyPark's legal team to attempt an informal resolution.
Any dispute that cannot be resolved informally will be submitted to arbitration mechanisms or the jurisdiction of competent courts in accordance with the applicable laws of HubyPark's primary operating headquarters.
Contact
If you have questions, inquiries, or legal notices related to these Terms and Conditions, you can contact us at: