Terms of Service

Effective Date: March 28, 2026

Welcome to Kotse ("we," "us," "our," or the "Platform"). These Terms of Service ("Terms") govern your access to and use of the Kotse mobile application and website (collectively, the "Service"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. The Service

Kotse is a marketplace platform that connects people who have parking spaces ("Hosts") with people who need parking ("Guests"). We do not own, operate, or manage any parking spaces. We are not a parking operator, garage, or valet service. We provide the technology that enables Hosts and Guests to find each other, communicate, and transact.

We do not guarantee the availability, quality, safety, legality, or suitability of any parking space listed on the Platform. All transactions are between the Host and Guest directly, facilitated by the Platform.

2. Eligibility

You must be at least 18 years old and capable of entering into a legally binding agreement to use the Service. By using the Service, you represent that you meet these requirements.

3. Accounts

You must create an account to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate, current, and complete information and to update it as needed. We reserve the right to suspend or terminate any account at our sole discretion.

4. Host Responsibilities

If you list a parking space on Kotse, you represent and warrant that:

• You have the legal right to offer the parking space for use (whether as owner, leaseholder, or with permission of the property owner).
• The listing information you provide is accurate, complete, and not misleading.
• The parking space complies with all applicable local laws, zoning regulations, HOA rules, lease terms, and ordinances.
• You are solely responsible for obtaining any required permits, licenses, or insurance related to offering your parking space.
• You will maintain the parking space in a safe and usable condition.
• You are responsible for reporting and paying any taxes on income earned through the Platform.

5. Guest Responsibilities

If you book a parking space through Kotse, you agree that:

• You will use the parking space only for the duration and purpose specified in the booking.
• You are responsible for your vehicle and any personal property left in or on the vehicle.
• You will comply with all parking rules, instructions, and directions provided by the Host.
• You will not damage the parking space or surrounding property.
• You are responsible for any traffic violations, fines, or towing fees incurred while using the space.

6. Fees and Payments

Guests pay the listed price plus a service fee at the time of booking. Hosts receive the listed price minus a platform fee. All fees are displayed before you confirm a booking. Payments are processed through our third-party payment processor, Stripe. By using the Service, you agree to Stripe's terms of service.

Host payouts are deposited automatically to the bank account linked through Stripe, subject to a settlement period. We reserve the right to withhold or delay payouts in cases of suspected fraud, disputes, or violations of these Terms.

7. Booking Requests and Approval

Some listings require Host approval before a booking is confirmed. Hosts may accept or decline booking requests at their discretion. If a Host does not respond within the specified timeframe, the request expires automatically and any hold on the Guest's payment method is released.

8. Cancellations and Refunds

Guests may cancel a pending booking request at any time before the host responds. The pre-authorized hold will be released in full.

For confirmed reservations, guests may cancel up to 1 hour before the scheduled start time and receive a full refund, including the service fee.

Cancellations are not available within 1 hour of the reservation start time. Guests should contact the host directly through the in-app messaging system if they need to make changes.

No-shows are not eligible for refunds. We reserve the right to modify our cancellation policy at any time with notice to users.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KOTSE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

• Any damage to or theft of vehicles, personal property, or real property.
• Any personal injury occurring on or around a listed parking space.
• Any disputes between Hosts and Guests.
• Any loss of income or revenue resulting from cancelled bookings, account suspensions, or service interruptions.
• Any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Service.
• The actions, omissions, or conduct of any Host, Guest, or third party.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT OF FEES YOU HAVE PAID TO KOTSE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless Kotse and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; or (d) any content or listing you submit to the Platform.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. We disclaim all warranties, 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, secure, error-free, or that any defects will be corrected.

12. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and Kotse agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, and not through a court proceeding.

Class Action Waiver: You and Kotse agree that any arbitration or proceeding shall be conducted only on an individual basis, and not as a class, consolidated, or representative action. If this waiver is found to be unenforceable, the entirety of this arbitration provision shall be void.

Small Claims Exception: Either party may bring an individual action in small claims court for disputes within the court's jurisdiction.

Opt-Out: You may opt out of this arbitration provision by sending written notice to general@kotse.app within 30 days of first agreeing to these Terms.

13. Intellectual Property

All content, trademarks, logos, and intellectual property displayed on the Service are owned by or licensed to Kotse. You may not copy, reproduce, distribute, or create derivative works from any part of the Service without our prior written consent.

14. User Content

By submitting content to the Platform (including listing descriptions, photos, and messages), you grant Kotse a non-exclusive, worldwide, royalty-free, transferable license to use, display, reproduce, and distribute that content in connection with operating and promoting the Service. You represent that you own or have the necessary rights to submit such content.

15. Prohibited Conduct

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws.
• List parking spaces you do not have the legal right to offer.
• Circumvent the Platform to make or receive payments outside of the Service.
• Harass, threaten, or discriminate against any other user.
• Create multiple accounts for fraudulent purposes.
• Interfere with or disrupt the Service or servers connected to the Service.
• Scrape, crawl, or use automated means to access the Service.

16. Termination

We may suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service ceases immediately. Any pending payouts will be processed according to our standard schedule, minus any amounts owed to us or subject to dispute.

17. 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.

18. Changes to These Terms

We reserve the right to modify these Terms at any 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 changes are posted constitutes acceptance of the revised Terms.

19. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

20. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kotse regarding your use of the Service and supersede all prior agreements.

21. Contact Us

If you have any questions about these Terms, please contact us at general@kotse.app.