ParkYou! Privacy Policy

Park You Corp and its affiliates (“ParkYou!” or the “Company”) offer community based street parking services to users of park-you.com (the “Website”) and/or users of ParkYou!’s mobile application (the “Application”) (collectively referred to as the “Services”). This Privacy Policy is meant to help you understand what information we collect, why we collect it, and how you can update, manage, and delete your information. This Privacy Policy covers:

• User Accounts & Accessing the Services
• Information that is being collected
• Why ParkYou! collects data
• Sharing your information
• Integration third party services
• Controlling your personal information
• How ParkYou! retains data we collect
• How does ParkYou! use aggregated information
• Cookies
• Information security
• Compliance & cooperation with regulators
• Contact ParkYou! - Privacy concerns reports
• Changes to this Privacy Policy

This Privacy Policy is incorporated into the ParkYou! Terms of Use (the “Terms of Use” or the “Terms”). Your use of the Services is subject to the Terms of Use and this Privacy Policy and indicates your consent to them.

To use our Services you must be 16 years of age or older. If you are under 16, you may not download or use the Services.

In this Privacy Policy, the term “personal information” means information which you provide to us which personally identifies you, such as your name, phone number, email address or billing information, and, in certain circumstances, your location and route information or other data which can be reasonably linked to such information by ParkYou!.

User Accounts & Accessing the Services

Please note that when you install the Application on your mobile device, ParkYou! will set up an account associated with that mobile device and the telephone number associated with that mobile device (the “Account” or “ParkYou! Account”). After installation, ParkYou! will collect and use your information, including meta-data (as described below), in accordance with this Privacy Policy. This use may include linking your information with your Account.

If you set up an account:

• ParkYou! will first verify the telephone number attached to the mobile device on which you will use the ParkYou! Application;
• ParkYou! will link all of your information in your Account with your authenticated telephone number;
• With the exception described in the bullet below and as explained in the section “Visibility” below, your Account and information associated with your Account will be visible only to ParkYou!;
• When using the Application, your approximate location and other information you contribute will be visible to ParkYou! and, in required circumstances, other users of the Service;
• ParkYou! may also establish and require from time to time additional or different means of identification and authentication for logging in and accessing the Services or for accessing certain features or designated sections of the Services.
• Your login details are your responsibility. You are fully accountable for any use or misuse of your Account and personal details as a result of conveying your login details to someone else. You must maintain your login details in absolute confidentiality and avoid disclosing them to others. Make sure that you change your password frequently and at least once every six months.

Information that is being collected

We want you to understand the types of information we collect as you use our services ParkYou! collects information to provide better services to all its users - from identifying the best available parking spot for you to generating directions to that spot to showing you relevant ads while using ParkYou!. The information ParkYou! collects, and how that information is used, depends on how you choose to use our services:

Information you create or provide to us:

• Account Information: Information required when setting up a username you have chosen, such as your name, telephone number, e-mail address, and address. Bear in mind that false, incorrect, or out-dated information may impair ParkYou!’s ability to provide you with the Services and to contact you when necessary. ParkYou! will explicitly indicate the fields for mandatory completion. If you do not enter the requisite data in these fields, you will not be able to use the Service; and/or
• Information that you choose to share with ParkYou!: Information that you choose to share with ParkYou!, including “home” or “work”, other “favorites”, destinations you may travel to, calendar information (if you choose to activate and use certain future Service features like pre-scheduling parking spots, and files you have uploaded to the service, including voice and audio files, if applicable. You can also choose to add payment information to your Account for paid Services once we begin charging for the Service. Even if you aren’t signed in to a ParkYou! Account, you might choose to provide us with information - like an email address to receive updates about our services.
• Communication which you choose to conduct through the ParkYou! Services: We may collect information when you exchange communication with ParkYou!, for example, if you contact ParkYou!’s support team or report a violation of the ParkYou! Community Rules.
• Information from your social networks which you choose to connect to your ParkYou! Account: While we do not allow you to connect your ParkYou! Account with other social networks at this time, we may do so in the future. At such time, you may choose to connect your ParkYou! Account to your social network account(s). If you choose to do so, you may choose to share with ParkYou! and/or other users information from your social network accounts, such as your Facebook profile photo or other personal information shared by you.
• “Invite A Friend”: If you invite a friend to use ParkYou! through the ParkYou! Website or App, we will track those invitations in order to determine rewards points and other user-related honors.
• ParkYou! Rewards Program: You may have the option to participate in the ParkYou! Rewards Program (the “Rewards Program”). If you participate in the rewards program, we will keep track of the rewards levels you reach and the ParkYou! Partners from which you redeem rewards. Participation in the rewards program may require you to share your full name and e-mail address with our Rewards Partners when redeeming rewards.

Information we collect as you use our services

We collect information about your activity in the Services, which we use to provide you with the Services of ParkYou!, including features which are meant to personalize your experience. This includes things like finding you the preferred route to your assigned parking spot and maximizing your chances of finding a spot. The activity information we collect may include:

• Detailed location, travel and route information. Location, route, and parking information is collected for example in the form of GPS signals (combined with a time-stamp) and other information sent by your mobile device on which the Application is installed and activated. This location and parking information is saved to a history of all of the journeys you have made while using the Application. The types of location data we collect depends in part on your device and account settings. For example, depending on your selected device settings and/or your account settings we may collect information about your location and travel (or lack thereof) also while you are not using the app, in order to know where you are and where your car is currently parked when offering your spot to the ParkYou! community;
• Locations near which you searched for parking spots;
• Your views and interactions with content and ads;
• Your voice and audio information when you use voice and audio features;

Meta-data (information about your device, browser and app use):

Once you install the Application, ParkYou! collects information about the use of the Services and information from the device you have ParkYou! installed on. For example:

• ParkYou! may collect and record how often you use the app and for how long, your device type, unique identifiers, operating system type & version, battery usage, the third party web pages or applications you visit or use or interact with via the Application, information that you viewed on our Services, advertisements that are shown to you or that you view or click on, the fact that you used the Services to participate in and redeem ParkYou! rewards, the Internet Protocol (IP) address and the name of the domain that serves you to access the Services, and the geographic location of the device that you are using to log in and use ParkYou! on.
• We also collect information about the interaction of your devices with our Services, including, crash reports, system activity, and the date, time, and referrer URL of your request.

Information we collect about you from third parties

ParkYou! may receive aggregated, non-personally identifiable information and analysis from third parties measurement services which help us understand how our users interact with our Application and website. We may also receive information from third party services about how ParkYou!’s own marketing efforts performed on third party sites or platforms.

We use various technologies to collect and store information, including, cookies personalized ID available on Android mobile devices or similar technologies, local storage, browser web storage, application data caches, databases, and server logs.

Why ParkYou! collects data

ParkYou! may use information collected from or provided by you for the following purposes:

Provide our services

We use your information to deliver our services, including location and route information and/or search query history to provide parking spots and navigation services.

Maintain & improve our services

• We also use your information to ensure our services are working as intended, such as tracking outages or troubleshooting issues you report to us. And we use your information to improve the service or to develop new features or services. For example, ParkYou! may use your route information to improve the accuracy of its spot matching, mapping, and navigation data.

Provide personalized services

• We use the information we collect to operate the Services and to customize your experience with the Services. For example, ParkYou! may use your “home” and “work” and other “favorites” information (if you choose to provide such information) or route history to maximize your parking success.
• We may also use the information to provide you with support and handle requests and complaints.
• While we do not support advertising at this time, we may do so at some future date. If we do, we will use your information to personalize your advertising experience.

Measure performance

• We use data for analytics and measurement to understand how our services are used. For example, we analyze data about your usage of the Services to do things like optimize product design and parking success. We may also use data to measure the usability and effectiveness of ParkYou!’s own marketing efforts on third party sites or platforms.

Communicate with you

• We also use your information to send you updates, notices, announcements, and additional information related to the Services;
• We may also use your information to conduct surveys and questionnaires; And if you contact ParkYou! we may keep a record of your request in order to help solve any issues you might be facing.
• Subject to your prior indication of consent (to the extent required under applicable law), we may also use the email address that you provided to send you promotional and/or marketing materials. At any time you may choose not to receive such materials by clicking on the “Unsubscribe” link in the email messages that we may send to you. In any case, ParkYou! will not share your contact details with any advertiser or Rewards Program Partner, unless explicitly permitted by you or required by law.

To protect ParkYou!, our users, the public and for Legal reasons

We may also use and process your information and content, using different technologies to the following purposes:

• To enforce the Terms of Use or Privacy Policy;
• To contact you when ParkYou! believes it to be necessary;
• To comply with any applicable law and assist law enforcement agencies under any applicable law, when ParkYou! has a good faith belief that ParkYou!’s cooperation with the law enforcement agencies is legally mandated or meets the applicable legal standards and procedures;
• To detect abuse and illegal activity; to detect and prevent fraud, misappropriation, infringements, identity theft and other illegal activities and misuse of the Services;
• To handle breakdowns and malfunctions;
• To take any action in any case of dispute, or legal proceeding of any kind between you and the Services, or between you and other users or third parties with respect to, or in relation with the Services;
• To help improve the safety and reliability of our Services. This includes detecting, preventing, and responding to security risks, and technical issues that could harm ParkYou!, our users, or the public;
• To create aggregated and/or anonymous data (where such data does not enable the identification of a specific user). See “How does ParkYou! use aggregated information”, below;
• For any other purposes provided under this Privacy Policy and Terms of Use;

We’ll ask for your consent before using your information for a purpose that isn’t covered in this Privacy Policy.

Sharing your information

Personal information that you share

The Services are based on a community of users publicly sharing information with ParkYou! and with other members of that community.

In particular, users will share personal information such as name, automobile make, color, model, and year, photographs, their location information, reports and other files. This information may be shared either directly to the Services and to all relevant users, such as when a parking spot is offered or requested through the Application. Some information may also be shared via third party services (such as social networks) which interact with the Services upon such users’ choice.

By creating a ParkYou! Account, you agree that ParkYou! may share your First Name, Last Initial, and Car Make, Color, Model, and Year with other Users of the Services, and that such information will be neither private nor confidential. However, we will never share your last name, address, telephone number, or e-mail address with any other user without your express permission.

In future versions of the Software, you may be able to control the features of the Service by voice command. If you choose to either record your own voice onto the Service, or to use the voice command features, ParkYou! will collect the voice information related to such use, including voice files.

We, at ParkYou!, take great measures to provide you with the best experience you can have while using the Services. ParkYou!’s philosophy is community and collaboration. As such, we expect that you will meet other users of the Services in real life. However, ParkYou! has no control over the conduct of any user and disclaims all liability in this regard. Users are advised to carefully and thoroughly consider whether and how they interact with other users outside of the Application.

Participating in any user’s activities as a result, directly or indirectly, from using ParkYou!, is entirely at your own risk. ParkYou! is not a party to any agreement entered into between the users in any circumstances. The user has the sole and ultimate responsibility regarding compliance with all laws, regulations or any other duty. We do not accept any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with your participation in any activity or event initiated, held or conducted by a user or a third party nor in connection to any agreement between the users or third parties, including any activity or event related in any way, directly or indirectly, the Services or the use thereof.

When ParkYou! shares your information

ParkYou! does not sell, rent or lease your personal information to third parties.

ParkYou! will not share your personal information with others, without your permission, except for the following purposes and to the extent necessary in ParkYou!’s good-faith discretion:

• As necessary for the facilitation and operation of the Services. For example, facilitating the exchange of parking spots;
• If ParkYou! reasonably believes that you have breached the Terms of Use or is investigating potential breach of the Terms of Use, or believes that you abused your rights to use the Services, or performed any act or omission that ParkYou! reasonably believes to be violating any applicable law, rules, or regulations. ParkYou! may share your information in these cases, with law enforcement agencies and other competent authorities and with any third party as may be required to handle any result of your wrongdoing;
• If ParkYou! is required, or reasonably believes that it is required by law to share or disclose your information;
• In any case of dispute, or legal proceeding of any kind between you and ParkYou!, or between you and other users with respect to, or in relation with the Services;
• In any case where ParkYou! reasonably believes that sharing information is necessary to protect against harm to the rights, property or safety of ParkYou!, our users, or the public as required or permitted by law, including to prevent imminent physical damage or damage to property;
• To detect, prevent, or otherwise address fraud, security, or technical issues;
• If ParkYou! organizes the operation of the Services within a different framework, or through another legal structure or entity, or if ParkYou! is acquired by, or merged into or with another entity, or if ParkYou! enters bankruptcy, provided however, that those entities agree to be bound by the provisions of this Privacy Policy, with respective changes taken into consideration;
• To collect, store, hold and manage your personal information through cloud based or hosting services or a third party or a party affiliated or connected to ParkYou!, as reasonable for business purposes, which may be located in countries outside of your jurisdiction;
• ParkYou! may also share personal information with companies or organizations connected or affiliated with ParkYou!, such as subsidiaries, sister-companies and parent companies;
• Personal information may also be shared with ParkYou!’s trusted partners and service providers to process it for us, based on our instructions and in compliance with this policy and any other appropriate confidentiality and security measures.

Integration with third party services

ParkYou! may offer you the option to link ParkYou! to third party services that may be useful to you, such as garage parking apps. Where ParkYou! detects an integration may be available (either because a third party service attempts to link to ParkYou!, or ParkYou! detects an installed service on the device which has an integration option, or you request a particular integration), ParkYou! will ask for confirmation to connect the accounts. If you choose to connect the accounts, ParkYou! will ask for your permission to share data with the third party service. You should only agree to connect accounts if you are comfortable with the third party service receiving the data set out at the time of connecting the accounts and ParkYou! is not responsible for the third party service’s use of data. You can disconnect ParkYou! and the third party service at any time and ParkYou! will cease sharing data with that service from the point of disconnection onwards.

Controlling your personal information

You can always review and update certain information by visiting your Account & Login settings (such as your phone, email and more) or the in-app left menu (to update your home, work and favorites).

If you find that the information associated with your Account is not accurate, complete or updated, then you should make all necessary changes to correct it. Please keep in mind that false, incorrect, or outdated information may prevent you from setting up a username and impair the ability to provide you with Services.

Privacy controls

Your mobile device’s Privacy Settings provide you with quick access to settings and tools that let you safeguard your data and decide how your information can make ParkYou! services work better for you. For example, you can control whether we track your location when you are not using the Application.

Deleting your Account and Personally Identifiable Information

If you would like us to delete your Account, please send us a message by e-mail at info@park-you.com with the words “Delete Account” in the subject line. The body of the message must contain your full name, e-mail address, and the telephone number attached to the mobile device on which you use the Application. On receiving such a request, ParkYou! will use reasonable efforts to delete your Account and all personally identifiable information. We aim to initiate the deletion process immediately after your request. However please note that information may not be deleted immediately from our back-up systems. Once we receive your request, your data will no longer be used to personalize your ParkYou! experience. We then begin a process designed to safely and completely delete personally identifiable data from our storage systems as soon as possible. While we will delete all personally identifiable information, we may continue to store prior location and other information without personal identifiers for the purpose of research.

As with any deletion process, things like routine maintenance, unexpected outages, bugs, or failures in our protocols may cause delays in the processes and time frames defined in this policy. We maintain systems designed to detect and remediate such issues.

How ParkYou! retains data we collect

Some data you can delete whenever you like, some data is deleted automatically, and some data we retain for longer periods of time when necessary. This section describes why we hold onto different types of data for different periods of time.

• Information retained until you remove it - such as your “Home, “work”, favorites, email address and other account related information. We’ll keep this data in your ParkYou! Account until you choose to remove it and/or update it.
• Information retained until your ParkYou! Account is deleted - we may keep some data for the life of your ParkYou! Account if it’s useful for helping us understand how users interact with our features and how we can improve our services. For example, if you made Community Rules violations report or bug reports, we will keep information about how many reports you have submitted, even after the event is removed. When you delete your ParkYou! Account, the information about how many reports you have submitted is also removed.
• Information retained for extended time periods for limited purposes - sometimes business and legal requirements oblige us to retain certain information, for specific purposes, for an extended period of time. For example, when ParkYou! processes a payment for you, we’ll retain this data for longer periods of time as required for tax or accounting purposes. Reasons we might retain some data for extended periods of time include:
  • Security, fraud & abuse prevention
  • Financial record-keeping
  • Complying with legal or regulatory requirements
  • Ensuring the continuity of our services
  • Direct communications with ParkYou!

How does ParkYou! use aggregated information?

ParkYou! may use anonymous, statistical or aggregated information (including anonymous location information), in a form that does not enable the identification of a specific user, to properly operate the Services, to improve the quality of the Services, to enhance your experience, to create new services and features, including customized services, to change or cancel existing content or service, and for further internal, commercial and statistical purposes.

ParkYou! may also use anonymous, statistical or aggregated information collected on the Services, in a form that does not enable the identification of a specific user, by posting, disseminating, transmitting or otherwise communicating or making available such information to users of the Services, to the Services’ providers, partners and any other third party. For example, GPS information that we receive from your mobile device may be provided to map editors in an aggregated and/or anonymous form to help improve the map and solve map problems, parking data may be provided to cities, and aggregated ads analysis may be provided to advertisers if we run advertisements.

Cookies

ParkYou! may use cookies and similar technologies on the Services. Cookies are packets of information sent by the Website’s servers to your web browser and then sent back by the browser each time it accesses the Website’s servers.

ParkYou! may use cookies for various purposes, such as to save you the need to re-enter your personal and automobile information each time you log in, to facilitate the use of the Website, to collect statistical information, to verify information, and to customize the Website or Application to your personal preferences and for information security purposes.

Some of the cookies may expire when the session ends and you exit your browser. Other cookies are saved on your computer’s hard drive. If you wish to block the Website’s cookies, then please use the help button in your browser and follow the necessary instructions. However, bear in mind that disabling cookies may complicate or even prevent your use of the Website, or certain features thereof.

Information security

ParkYou! considers information security to be a top priority. ParkYou! services are built with strong security features that continuously protect your information. ParkYou! implements systems, applications and procedures to secure your personal information, to minimize the risk of theft, damage, loss of information, or unauthorized access or use of information. For example, we review our information collection, storage, and processing practices, including physical security measures, to prevent unauthorized access to our systems. In addition, we restrict access to personal information to ParkYou! employees, contractors, and agents who need that information in order to process it. Anyone with this access is subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.

The insights we gain from maintaining our services help us detect and automatically block security threats from ever reaching you.

However, these measures are unable to provide absolute assurance. Therefore, although ParkYou! takes great efforts to protect your personal information, ParkYou! cannot guarantee and you cannot reasonably expect that ParkYou!’s databases will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.

Compliance & cooperation with regulators

We regularly review this Privacy Policy and make sure that we process your information in ways that comply with it.

Data transfers

We store data on servers located around the world and your information may be processed on servers located outside of the country where you live. Data protection laws vary among countries, with some providing more protection than others. Regardless of where your information is processed, we apply the same protections described in this policy.

When we receive formal written complaints, we respond by contacting the person who made the complaint. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of your data that we cannot resolve with you directly.

Contact ParkYou! - Privacy concerns reports

If you have any questions about this Privacy Policy, or if you believe that your privacy has been compromised in the course of using the Services, please contact ParkYou! at: info@park-you.com.

Changes to this Privacy Policy

ParkYou! may from time to time change the terms of this Privacy Policy. Substantial changes will take effect 10 days after ParkYou! has posted a:

• System message to users notifying them of changes to the Privacy Policy; and
• Notification on the Website’s homepage or any other relevant web pages, explaining the changes to the Privacy Policy alongside a comparison of the “old” and “new” versions of the Privacy Policy.

However, if ParkYou! amends this Privacy Policy to comply with legal requirements, the amendments will become effective immediately upon their initial posting, or as required.

You agree to be bound by any of the changes made in the terms of this Privacy Policy. Continuing to use the Services will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, you must avoid any further use of the Services.

Last modified: August 5th, 2018

ParkYou! Terms of Use

These Terms of Use (“Terms”) govern your rights and obligations regarding the use of ParkYou!’s Software, including the Website (‘Site”), ParkYou! mobile app (the “App”), and any other software developed by us (the “Software”) and services provided through the Software (collectively referred to as the “Service”) on the Internet or in cellular media. These Terms constitute a fully binding agreement between ParkYou Corp. (including its affiliates and subsidiaries, “ParkYou!” or “We”), the owner of all rights in and to the Service, and you. It is therefore recommended that you carefully read these Terms.

By using the ParkYou! Service, you signify your assent to these Terms, including ParkYou!’s privacy policy (“Privacy Policy”), which is an integral part of these Terms.

If you do not agree to these Terms or any of its parts, then you are prohibited and must refrain from using the Service.

Primary Terms

The following synopses of the Primary Terms are highlighted here for your convenience only. These key points are not made in lieu of the full Terms and their presence in this section does not mean that they are intended to supersede or override any other terms or conditions provided by ParkYou!.

• Road information prevails. The information provided by the Service is not intended to replace the information provided on the road, such as travel direction, time-based restrictions, lane restrictions, road blockades, traffic signs, traffic lights, police instructions, etc.
• Usage and Cautious driving. You may only offer spots through the Service while your car is parked in a parking spot and you have not yet begun driving.  You must comply with all relevant local laws and regulations and use adequate care when otherwise using the Service. Always drive vigilantly according to road conditions. Complete exchange of parking spots only after you have stopped your vehicle in an appropriate location permitted by law.
• Non-continuous updates. The information provided by the Service originates from other users of the Service. Such information is intrinsically fluctuant and may be inaccurate, incomplete or outdated. ParkYou! does not provide any warranties to such information’s credibility or reliability.
• Location-based Service. Some features of the Service make use of detailed location and route information, for example in the form of GPS signals and other information sent by your mobile device on which the ParkYou! application is installed and activated. These features cannot be provided without utilizing this technology. Please note, as described in detail in the Privacy Policy:

(I) ParkYou! uses your location and route information to create a detailed route history of all of your journeys made when using the Service. ParkYou! uses this history to offer the Service to you, to improve the quality of the Service it offers to you and to all of its users, to improve the accuracy of its mapping and navigation data, and more as described in detail in the Privacy Policy. This history is associated with your account and your phone number (if you have chosen to set up a username). This history is retained by ParkYou! as long as you have an account and have not asked us to delete such data and in accordance with the Privacy Policy.

(II) ParkYou! requires you to create an account attached to the mobile phone number you will be using to access the Service. ParkYou! will attach all of your information with your account and a unique identifier generated by ParkYou! in accordance with the Privacy Policy.

• Advertisements. Third party advertisements may appear on the Service from time to time. ParkYou! does not endorse these advertisements, and the advertisements are not intended to be, nor should they be, viewed by drivers unless and until their vehicle has come to a complete stop.
• The Internet connection required to use the Service, and any associated charges (e.g. mobile data expenses) incurred by your use of the Service are your exclusive responsibility and made solely at your expense. Transmitting and receiving real-time updates to and from the Service, requires an online (e.g. Wi-Fi, 3G, 4G) connection between your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.
• Proprietary and Third-Party Software. The Service utilizes both proprietary and third-party Software for map displays, to update road and parking spot information, and for all other elements of the Service. You may not redistribute any of the software without the permission of ParkYou! or the relevant Third-Party software vendor. While the Software is currently provided free of charge, ParkYou! may change that policy and charge for the installation and/or use of the Software at any time.
• Your age. The Service is intended for use by users who are of the legal age required to hold a driving license. In any case, to use our Service you must be 16 years of age or older. If you are under 16, you may not download or use the Service. Accounts of users under the age of 16 years will be cancelled and deleted by ParkYou!, upon receiving notice.
• Privacy. Your privacy is important to us. While using the Service, personal information may be provided by You or collected by ParkYou! as detailed in our Privacy Policy. The Privacy Policy explains our practices related to the use of your personal information. By accepting these Terms, you hereby acknowledge and agree to the collection, storage and use of your personal information by ParkYou!, subject to this section, the Privacy Policy and any applicable laws and regulations.

WHAT IS THE SERVICE

The Service is platform for our community of drivers in New York City, its environs, and other metropolitan areas to share parking spots in real time. It allows community members who are driving to automatically find offered spots near their desired destination. The Service is provided mainly through the Software.

THE LICENSE

ParkYou! Service. ParkYou! hereby grants you a free of charge, non-exclusive, time-limited, non-transferable, non-sub-licensable, revocable license to use the Service (including the Software) for non-commercial purposes, subject to these Terms.

USING THE SERVICE

You may use the Service solely for the purpose of offering and finding street parking spots, and for no other purpose, such use to be private and personal only. You may not use the Service commercially without the express written permission of ParkYou!.

You may not copy, print, save or otherwise use data from the Site or the Service’s database. This clause does not limit the use of the database as intended by the Software and for the purposes of private and personal use of the Service.

When using the Service or the Site you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper or other automated means to access the Site or the Service’s database for any purpose without the express prior written permission of ParkYou!.

The Software may not be used in any way that is not expressly permitted by these Terms.

USE RESTRICTIONS

There are certain types of conduct that are strictly prohibited on the Service. Please read the following restrictions carefully. Your failure to comply with the provisions set forth below may result (at ParkYou!’s sole discretion) in the termination of your access to the Service and may also expose you to civil and/or criminal liability.

You may not, whether yourself or through any other means or person:

(i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content included in the Service and/or Site, or in any way or publicly display, perform, or distribute them;

(ii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without ParkYou!’s prior written consent;

(iii) create a browser or border environment around the Content (e.g. no frames or inline linking);

(iv) interfere with or violate any third party or other user’s right to privacy or other rights, including copyrights and any other intellectual property rights of others, or harvest or collect personal information about visitors or users of the Service and/or Site without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine;

(v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others using the Service, including others’ copyrights, and other intellectual property rights either through the Service or in person;

(vi) transmit or otherwise make available in connection with the Service and/or Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

(vii) interfere with or disrupt the operation of the Service and/or Site, or the servers or networks that host the Service and/or Site or make the Service and/or Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

(viii) sell, license, or exploit for any commercial purposes any use of or access to the Content and/or the Service and/or Site;

(ix) frame or mirror any part of the Service and/or Site without ParkYou!’s prior express written authorization;

(x) create a database by systematically downloading and storing all or any of the Content from the Service and/or Site;

(xi) forward any data generated from the Service and/or Site without the prior written consent of ParkYou!;

(xii) transfer or assign your Service accounts’ password, even temporarily, to a third party;

(xiii) use the Service and/or Site for any illegal, immoral or unauthorized purpose;

(xiv) use the Site, the Service, or the Content for non-personal or commercial purposes without ParkYou!’s express prior written consent;

(xv) use the Service for any purpose other than offering or finding parking spots;

(xv) infringe or violate any of these Terms.

COMMUNITY RULES

The ParkYou! community (the “Community”) consists of all users of the ParkYou! service. All users of the Service must abide by the following ParkYou! Community Rules (the “Rules”). Failure to abide by the Rules may result in the termination of your rights to use the Service at ParkYou!’s sole and exclusive discretion.

• ParkYou!’s Service shall be used solely for the purpose of offering street parking spots to the ParkYou! community (the “Community”), finding and accepting such parking spots, and participating in ParkYou’s Rewards Program. All other uses are prohibited without the prior written permission of ParkYou!.

• Only offer a parking spot to the Community after you arrive at your currently parked car and confirm that the location of your current parking spot is accurate on the app. If the location is inaccurate you must type in the accurate address closest to the location or tap on the map to set the accurate location before clicking the “Offer a Spot” button.

• Do not offer free parking spots that will become unavailable prior to the following morning, or those that require the spot to be vacated prior to 7:30am the next day, unless such spot is in a primarily commercial area and a Community member searching for a spot (a “Finder”) will be able to park in that spot for at least two (2) hours.

• Do not offer parking spots that are unavailable to private vehicles. For example, if parking at your spot is “commercial only” at the time you are parked there, do not offer the spot.

• Do not offer spots that are within twelve feet (12’) of a fire hydrant or any other spot in which it is illegal to park.

• A spot offerer (“Offerer”) may cancel their offer at any time before such offer is accepted by a Finder, but may not cancel their offer or vacate their spot once that spot has been accepted by a Finder before the Finder arrives.

• A Finder may cancel their search at any time prior to accepting an offered spot or decline any offered spot. Once a spot is accepted, a Finder must drive to that spot and exchange it with the Offerer even if the Finder spots other available spots on the way to the accepted spot.

 

• On arrival at an accepted spot, a Finder must click the Confirm Arrival button on the app to notify the Offerer that they have arrived. The Offerer must click the Spot Vacated button just before or just after vacating the spot. Both the Offerer and Finder must click their respective Finish buttons to complete the exchange.

• Any violation of these Rules may be reported to ParkYou! through the Contact Us page on the Site or the App. When reporting Rules violations, please include your name, mobile number attached to your ParkYou! account, the date, time and location of the violation, and a description of the event. ParkYou! will make an effort to investigate the claim and take appropriate action.

TERMINATION OF USE OF THE SERVICE

You may terminate your use of the Service at any time and for whatever reason. You are not obligated to advise ParkYou! of such termination. However, if you would also like ParkYou! to delete your ParkYou! account and your personal information contained in the account, please use the “Delete Account” function in the in-app Privacy Settings or Account & Login Settings. On receiving such a request, ParkYou! will use reasonable efforts to delete such information, however please note that information may not be deleted immediately from our back-up systems. For more information, please read our Privacy Policy.

ParkYou! retains the right to block your access to the Service and discontinue your use of the Service, at any time and for any reason ParkYou! deems appropriate, at its sole and absolute discretion.

USER INFORMATION

The Service allows all users of the Software to submit and post information to other users through the App (“Information”). Information is separate from third party sponsored advertisements that may appear on the Service. Information can include, for example, parking spot locations, user names, automobile makes, models and years, etc. You assume sole responsibility for any Information you share through the App or Site, and you alone are liable for the consequences when you post Information.

ALWAYS DRIVE VIGILANTLY ACCORDING TO ROAD CONDITIONS AND IN ACCORDANCE WITH TRAFFIC LAWS. IT IS STRICTLY FORBIDDEN TO MANUALLY SEND ANY INFORMATION  WHILE DRIVING. YOUR INFORMATION SUBMISSIONS MAY ONLY BE SENT AFTER YOU HAVE STOPPED YOUR VEHICLE IN AN APPROPRIATE LOCATION PERMITTED BY LAW. ALTERNATIVELY, CONTENT MAY BE SENT BY A PASSENGER OTHER THAN THE DRIVER, PROVIDED IT DOES NOT INTERFERE WITH THE DUE COURSE OF DRIVING AND DOES NOT DISTRACT THE DRIVER.

RIGHTS IN INFORMATION

When you submit Information through the Site or App, you hereby grant ParkYou! and the users of the Service an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sub-licenseable and transferable license to use, copy, distribute, prepare derivative works, and display in public the Information. The license granted to ParkYou! in and to the Content you submit is not limited to personal use, but also extends to any commercial use of Information, at ParkYou!’s sole and absolute discretion.

ADDITIONAL IN-SERVICE USES OF INFORMATION

ParkYou! will utilize Information submitted by you for the purpose of identifying and tracking your parking locations, matching you to relevant parking locations, and for research related purposes. We shall also use both personally identifiable and non-personally identifiable Information of the purpose of improving our Service.

ParkYou! retains sole discretion in determining which Information will be utilized, the duration of its utilization, its location, how and when it appears on the Service, its design and any other matter pertaining to the publication of Information within the Service. ParkYou! does not guarantee that all Information will be published, in general or for any limited time.

ParkYou!’s publishing and transmission of Information submitted by users does not warrant its validity, reliability, accuracy, legality or it being up-to-date.

COPYRIGHT, TRADEMARKS, AND PATENTS

All intellectual property rights in and to the Site, the Service and its database, including copyrights, trademarks, industrial designs, patents and trade secrets – are either the exclusive property of ParkYou! or its affiliates or are exclusively licensed to ParkYou!. The Service is protected, among others, by United States Copyright law, as well as by applicable copyright provisions prescribed by any other law, in the United States and elsewhere.

“ParkYou!”, the ParkYou! logo, and other trade and/or service marks are the property of ParkYou! or its affiliates and you may not use such logos or marks for any purpose that is not expressly authorized in these Terms without the prior written consent of ParkYou!.

The design, trade dress, and the ‘look and feel’ of the maps of the Site and the Service are protected works under applicable copyright laws and ParkYou! and its affiliates and/or licensors retain all intellectual property rights in them. The Software license granted to you in these Terms does not extend to or include a license to use the maps displayed on the Software or any mark, indicator, logo or notation embedded in the maps that are displayed on the Software. You may not copy or print more than one copy of any data or material appearing on the Site.

ParkYou! may protect the Service by technological means intended to prevent unauthorized use of the Service. You undertake not to circumvent these means. Without derogating from ParkYou!’s rights under these Terms or under any applicable law, you are advised that any attempted or actual infringement of this provision will result in the termination of all your rights under these Terms. If you circumvent any of the means taken by ParkYou! to protect the Service from unauthorized use, you must immediately cease any and all use of the Service, and you undertake to do so.

APPLE

If you use the Service on an Apple device, then you agree and acknowledge that:

• Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with Service maintenance and support;
• You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Service or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance;
• Apple and Apple’s subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

EXPORT CONTROL

You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

LIMITATION OF LIABILITY AND WARRANTY

PARKYOU! PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.

Additionally and without derogating from the above clause, ParkYou! disclaims any warranties relating to the accuracy of the maps, Information, driving directions, available parking spots, navigation routes, or any other Information presented or displayed in or by the Service. Such errors and omissions are inherent to any community-based service that operates on users’ posts and on the information provided by them.

You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Service, and you further agree and acknowledge that your use of or reliance on the Service is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws (including traffic laws) while using the Service.

ParkYou! makes an effort to provide you with a high quality and satisfactory service. However, We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to ParkYou!’s computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Software failures and Software communication failures, or that it will work on your particular mobile device, computer, or with any particular operating system or configuration you utilize.

PARKYOU!, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT OR INFORMATION ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.

LINKS AND COMMERCIAL INFORMATION IN THE SOFTWARE

The Service may include commercial information or advertisements (for example, pins indicating the locations of certain establishments, their commercial offers, coupons, etc. (“Ads”) and information about our rewards program (the “Rewards Program”) and our third party partners in such program (“Rewards Partners”)). The Ads and Rewards Program information may pop up or be displayed on the Service maps from time to time or elsewhere on the Site and App. Although ParkYou! attempts to verify the accuracy of third-party Ads and uses concerted efforts to assure the accuracy of the Rewards Program, ParkYou! cannot and does not guarantee the reliability or accuracy of any Ads or information about the Rewards Program. ParkYou! does not endorse the content of third party Ads. Additionally and without derogating from the previous sentence, ParkYou! will not be liable for any form of liability arising from your reliance on, or in connection with, the use of the content of Ads or Rewards program information posted on the Service.

It is underscored that the advertising of commercial content by ParkYou!  does not constitute a recommendation or encouragement to procure the goods or services advertised.

Insofar as the Software includes links to services or applications not operated or managed by ParkYou!. ParkYou! will not be liable for any form of liability arising from your reliance on, or in connection with, the content of such services and applications or any information provided by them, including but not limited to its completeness, accuracy, correctness or it being up-to-date. ParkYou! will not be liable for any direct or indirect damage, monetary or otherwise, arising from your use of or your reliance on the content of goods or services you have accessed via Ads or other links on the Software.

YOU MUST NOT ATTEMPT TO VIEW OR CLICK ON ANY ADS WHILE OPERATING A VEHICLE. YOU ALONE ARE RESPONSIBLE FOR DRIVING RESPONSIBLY, AND YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT THAT YOU VIOLATE THE FOREOING PROVISION, THE THIRD PARTY ADVERTISERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE DISPLAY OF THE ADS ON THE SERVICE OR YOUR VIEWING OF THE ADS ON THE SERVICE.

BREACH AND INDEMNITY

Without derogating from any applicable law, you agree to indemnify and hold harmless ParkYou! and its employees, officers, directors and agents, as well as all third party advertisers of Ads and Rewards Partners from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these Terms. This indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by ParkYou!, its employees, officers, directors or agents as a result of your violation of the Terms, including but not limited to legal expenses and attorney fees.

PRIVACY

ParkYou! respects your privacy during your use of the Software and the Service. Our updated privacy policy pertaining to the Software and the Service is readily accessible at our Privacy Policy and is an integral part of these Terms. Since the privacy policy is subject to periodic updates, it is recommended that you periodically review the policy for updates.

MODIFICATIONS TO THE SERVICE AND SOFTWARE

ParkYou! may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Software, the Service’s features, the user interface and design, the extent and availability of the contents and information in the Service and any other aspect related to the Service, including imposition of required payments for the Software and use of the Service. You will have no claim, complaint or demand against ParkYou! for applying such changes or for failures incidental to such changes.

TERMINATION OF SERVICE

ParkYou! may, at any time, terminate the provision of the Service in its entirety or any part thereof, temporarily or permanently, at its sole discretion. In the event that ParkYou! terminates its service either in its entirety or for you alone, ParkYou! shall not be required to reimburse you for any payments made by you to ParkYou! prior to such termination.

MODIFICATIONS OF THESE TERMS

ParkYou! may modify these Terms from time to time. If fundamental changes are introduced, a notice will be posted in the updated version of the Software as well as on the Service’s home page on the Site. Your continued use of the Service after the Terms have been modified signifies your assent to the updated Terms. If you dissent to the updated Terms or to any term within them, you must discontinue all further use of the Software.

GOVERNING LAW AND JURISDICTION

These Terms, the Software and the Service will be governed solely by the laws of the State of New York, United States or America, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to these Terms, the Software, and the Service will be under the exclusive jurisdiction of the competent court in New York, NY, USA.

LIMITATIONS

Should you desire to file any cause of action against ParkYou! arising out of or related to the ParkYou! Software or Service, you must do so within One Hundred and Eighty (180) days from the day you become aware of the cause of action. Failure to file a lawsuit within the aforementioned timeframe will bring about the permanent barring of the cause of action, and will constitute your complete and final waiving of the lawsuit.

ASSIGNMENT OF RIGHTS

You may not assign or transfer your rights in and to the Service without the prior written consent of ParkYou!. ParkYou! may assign its rights in and to the Service to any third party at its sole and absolute discretion, provided that the third party undertakes ParkYou!’s obligations to you under these Terms.

COMPLETE TERMS

These Terms, together with the policies that are an integral part of these Terms, namely the Privacy Policy and the Community Rules, shall all constitute the entire and complete agreement between you and ParkYou! concerning the ParkYou! Service. In the event of an inconsistency between these Terms and the synopsis of terms presented to the user during Software installation, these Terms shall prevail.

NO LEGAL RELATIONSHIP

These Terms of Use and your use of the Service, including the submission of Information or other content to the Service, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto. Your use of the Service is intended for your enjoyment and benefit and the provision of the Service to you (subject to your compliance with these Terms) constitutes the sole and sufficient consideration that you are entitled to receive for any Information or other contributions you make to the ParkYou! Service, its contents, maps and any other data.

CONTACT US

You may contact us concerning any question about the Service, through the channels listed on the “About” menu in the Software or through the “Contact Us” page. We will make our best efforts to address your inquiry promptly.

Last modified: August 4th, 2018