Terms and conditions

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Effective: August 15, 2025

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY.  THESE TERMS & CONDITIONS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES (DEFINED BELOW), INCLUDING ANY INTEGRATIONS ON PARTNER PRODUCTS AND SERVICES.

THESE TERMS & CONDITIONS REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US ON AN INDIVIDUAL BASIS ONLY, AND BY USING THE SERVICES AND ENTERING INTO THESE TERMS, YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN ANY COURT, TO HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY, OR TO BRING ANY CLAIMS AGAINST US IN A CLASS ACTION FORMAT (INCLUDING AS A CLASS REPRESENTATIVE OR MEMBER OF ANY PUTATIVE CLASS).  

Thanks for using our products and services! These Terms and Conditions (the “Terms”) govern the website https://parkmobile.io/ (including both mobile and online versions) (the “Site”), the ParkMobile mobile app (the “App”), integrations on partner products and services, and other interactive features, widgets, content, and/or other online services that we own and control and that post a link to these Terms (collectively with the Site and the App, the “Services”), which are made available by Parkmobile, LLC, located at 1075 Peachtree St NE, Suite 3100, Atlanta, GA 30309, United States (“ParkMobile,” “we,” “our,” or “us”). By using our Services, you are agreeing to these Terms and consenting to our Privacy Policy and the collection and use of your data in accordance with our Privacy Policy. 

If You Want to Use the Services,

then carefully read these entire Terms (including all links to details), as they constitute a written agreement between you and us and they affect your legal rights and obligations.  Each time you access and/or use the Services (other than to simply read these Terms), you agree to be bound by and comply with these Terms and any Additional Terms (defined below) then posted. Therefore, do not use the Services if you do not agree. 

The business realities associated with operating the Services are such that, without the limitations that are set forth in these Terms, such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and the arbitration of certain disputes—we would not make the Services available to you.

By accessing and/or using the Services, you agree to be bound by these Terms. We offer a variety of Services in cooperation with parking facilities and businesses, transit agencies, governmental authorities, local governments, and other public and private entities  (“ParkMobile Partners”), so sometimes separate guidelines, rules, or terms of use or sale setting forth additional or different terms and/or conditions will apply to your use of the Services or to a service or product offered via the Services (in each such instance, and collectively “Additional Terms”). Additional Terms will be available with the relevant Services, and those Additional Terms will also become part of your agreement with us, if you use those Services. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Additionally, certain features and services made available through the Services from time to time may be governed by different terms of use.

We are a technology company. We do not own, operate, or maintain any parking facility, and we do not provide parking enforcement services. Parking facilities are operated by third-parties. Parking restrictions (i.e., no parking signs) take precedence over any information that you receive from us. All applicable parking rules and regulations apply to you, and your use of the Services does not excuse you from following the rules. ParkMobile is not responsible or liable for the services offered by parking facilities or other ParkMobile Partners, or for providing such applicable rules, regulations, and/or terms of service. Please contact the parking facility or ParkMobile Partner to receive this information. 

1.    Account Types and Account Details

A.    Types of Memberships.  There are three (3) levels of membership for ParkMobile: Basic, a business-to-consumer (“B2C”) subscription, and a business-to-business (“B2B”) subscription  Basic memberships allow access to the Services for free. The B2C and B2B subscriptions are considered “Non-Basic Memberships.” Non-Basic Memberships are billed and renewed automatically on a subscription basis, and allow you to enjoy all the perks of the Services with added discounts and special offers, depending on what membership you select. For more information on the types of memberships, please visit https://parkmobile.io. Please note that if you want to use ParkMobile for commercial purposes i.e. the B2B subscription you must create a business account. If you do open an account for a company, organization, or other entity, you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.

B.    Account Access and Responsibilities.  No one under sixteen (16) years of age is allowed to create an account or use the Services. If you are under eighteen (18) years old or are under the age of majority in your jurisdiction, you confirm that you have obtained consent from your parent or legal guardian to use the Services. In order to access or use some of the features on the Services, you may be required to first register for a user account through our registration process that we make available through the Services (and, if applicable, purchase a subscription as described in Section 4). When you create your ParkMobile account, you must provide us with accurate and complete information. You may be asked to provide proof of identity to access or use ParkMobile’s Services, and ParkMobile may deny access to or use of the Services if you do not provide the requested proof of identity. If you are using a B2B account, different or additional terms may apply, and an administrator may be able to access or disable your account. The Services’ practices governing any resulting collection and use of your personal information are disclosed in our Privacy Policy. We reserve the right to terminate your account or suspend or otherwise deny you access to it or its benefits—all in our sole discretion, for any reason, and without advance notice or liability. You are responsible for all activity on your account. If you violate our policies we may terminate your account. Don’t do anything illegal, abusive towards others, or that abuses our Services in a technical way.

     You are responsible for ensuring information related to your parking session (“Parking Session Information”) is entered correctly into the App, including identifying the relevant parking facility, zone, vehicle, license plate number, phone number (if applicable), any relevant extensions if needed, and/or payment method–regardless of whether the information is proposed in the App or other automatic parking solutions. By entering Parking Session Information about any vehicle, you guarantee that you are legally allowed to share information about that vehicle, that anyone operating the vehicle is a properly licensed and insured driver per applicable law, and that the vehicle is registered and insured per applicable law. You are responsible for complying with applicable laws, regulations, and rules established by the parking facility, or otherwise applicable in relation to the parking facility where the relevant vehicle is parked.  

You are responsible for ensuring that your account information remains accurate, including information related to yourself, relevant vehicles, and payment methods. ParkMobile is not liable for erroneous or invalid information provided by you. You are responsible for ensuring your login credentials are kept and used in a safe manner, and not disclosed or otherwise made available to any unauthorized person. You are responsible for informing ParkMobile if you believe that an unauthorized person has gained access to your login credentials, if your payment card has been lost or stolen, you no longer are a licensed and insured driver as required by law, or your registered vehicle has been sold, temporarily deregistered, no longer meets applicable insurance requirements, or otherwise will not be used in relation to Services. 

    C.    Identity Authentication.  You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity.  If you use certain services on the Services, federal law may require that we verify some of your information. ParkMobile reserves the right to close, suspend, or limit access to your account and/or the Services in the event we are unable to obtain or verify this information.  

D.    Background Checks. PARKMOBILE RESERVES THE RIGHT TO CONDUCT ANY BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS OR OTHER THIRD-PARTY SOURCES FOR B2B USERS. YOU EXPRESSLY CONSENT TO PARKMOBILE CONDUCTING SUCH A BACKGROUND CHECK AT THE TIME YOU REGISTER FOR A B2B ACCOUNT ON THE SERVICES. To the extent you fail the background check, in ParkMobile’s sole and absolute discretion, you may be denied the ability to access and use the Services. 

2.    Content, Ownership, Limited License, and Other Rights

A.    Content.  The Services contain a variety of: (i) materials and other items relating to ParkMobile, and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, APIs, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Services, and the compilation, assembly, and arrangement of the materials of the Services and any and all copyrightable material (including source and object code), (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of ParkMobile (such as, without limitation, the ParkMobile “P”) (collectively, “Trademarks”), and (iii) other forms of intellectual property (all of the foregoing, collectively, “Content”). 

B.    Ownership.  The Services (including past, present, and future versions) and the Content are owned or controlled by ParkMobile, our licensors and/or certain other third parties. All right, title, and interest in and to the Content available via the Services is the property of ParkMobile or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. ParkMobile owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Services.  

C.    Limited License to Content.  Subject to your strict compliance with these Terms (including payment of any requested subscription fee pursuant to Section 4 below) and any Additional Terms, ParkMobile grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in ParkMobile’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.

D.    Rights of Others.  When using the Services, you must respect the intellectual property and other rights of ParkMobile and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.  

3.    Services and Content Use Restrictions

A.    Services Use Restrictions.  You agree that you will not: (i) use any meta tags or any other “hidden text” utilizing any Trademarks; (ii) engage in any activities through or in connection with the Services that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, bullying, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to ParkMobile; (iii) reverse engineer, decompile, disassemble, reverse assemble, or modify any Services source or object code or any software or other products, services, or processes accessible through any portion of the Services; (iv) engage in any activity that interferes with a user’s access to the Services or the proper operation of the Services, or otherwise causes harm to the Services, ParkMobile, or other users of the Services; (v) interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services or the Content; (vi) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Services, including email addresses, without the express consent of such users); (vii) attempt to gain unauthorized access to the Services, other computer systems or networks connected to the Services, through password mining or any other means; (viii): (a) use false or deceptive identities, names, or accounts, (b) deploy or otherwise use bots, malware, viruses, or scrapers, , (d) engage in any activities that are designed to defraud or game ParkMobile or third parties, or (e) deploy, or permit any third party to deploy, any technology on, or in connection with, ParkMobile or ParkMobile-branded sites, systems or services that can enable the tracking of site or service activities or users, except with ParkMobile prior express written approval; or (ix) otherwise violate applicable laws, these Terms, or any Additional Terms when using the Services. 

B.    Content Use Restrictions.  You also agree that, in using the Services: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Services by using any robot, rover, “bot,” spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of ParkMobile or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience. 

C.    Availability of Services and Content.  ParkMobile may immediately modify, interrupt, suspend, or terminate the availability of the Services and Content (and any elements and features of them), in whole or in part, for any reason, in ParkMobile’s sole discretion, and without advance notice or liability.  

D.    Reservation of All Rights Not Granted as to Content and Services.  These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Services. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by ParkMobile and its licensors and other third parties. Any unauthorized use of any Content or the Services for any purpose is prohibited.

4.    Terms Applicable to Subscriptions 

    A.    Generally.  To purchase access and use of subscriptions that we make available for sale on the Services or other products and services available on the Services, you must be at least sixteen (16) years of age. To purchase subscriptions, products, or services, you must provide us with a valid credit/debit card number and associated payment information including, but not limited to, the following: (i) your name as it appears on the card; (ii) your credit/debit card number; (iii) the credit/debit card type; (iv) the date of expiration; and (v) any activation numbers or codes needed to charge your card. For any product or service that you order on the Services, you agree to pay the price applicable (including any sales taxes and surcharges) as of the time you submit the order. For subscriptions, we or a third party will automatically bill your credit card or other form of payment submitted as part of the order process for such price. The price of each subscription depends on the type and length of the membership agreement you enter into.  In certain cases, with respect to ParkMobile Partners and third party providers, charges you incur will be owed directly to ParkMobile Partners or third party providers, and ParkMobile will collect payment of those charges from you, on ParkMobile Partner or third party provider's behalf as their limited payment collection agent, and payment of the charges shall be considered the same as payment made directly by you to the ParkMobile Partner or third party provider. 

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time, although we'll be sorry to see you go! ParkMobile may also stop providing Services to you or add or create new limits to our Services at any time.

B.    Subscription Term and Termination.  Except in the event of a free trial offer, your subscription (including, without limitation, your Non-Basic Membership) will commence as of the date your payment for a subscription is received by ParkMobile. Your subscription will continue in full force for the length of the term you specifically purchased (e.g., monthly, yearly, etc.) until such time as you cancel the subscription as further explained below (the “Subscription Term”). Subscription Terms are typically monthly, unless otherwise stated. On the date you sign up for a B2C subscription , you will be charged pro rata for the first month of membership based on the days remaining in that calendar month, and then you'll be charged on the 1st day of the following month thereafter. For B2B subscriptions, you will be charged on the 15th day of the month or the 1st day of the month following your enrollment, whichever occurs first after you enroll. In the event that you cancel a subscription in the middle of your Subscription Term, you will not be entitled to receive a refund for the unused portion of the remainder of that Subscription Term. ParkMobile will have the right, upon written notice to you, to terminate these Terms, and suspend your access to your subscription, if: (i) you fail to pay ParkMobile any amount due to ParkMobile under these Terms; and/or (ii) you materially breach any term or condition of these Terms. ParkMobile shall have the right to terminate these Terms and suspend your access to your subscription with or without cause, upon thirty (30) days written notice to you in which case you will no longer be charged for access to the subscription. Upon the expiration or termination of these Terms for any reason, your access to, and your use of, your subscription will terminate. 

C.    Free Trials and Promotional Offerings.  We may offer promotional trial subscriptions to access the Services for free for a limited time or at special discounted prices. If you sign up for a trial use, your rights to use the Services are limited by the terms of such trial and will terminate or renew on the terms of your trial arrangement and/or any applicable Additional Terms. Please be aware that when you sign up for a free trial, you may be required to provide your credit/debit card number and ParkMobile will confirm your credit/debit card is valid. When we process your credit/debit card, some credit/debit card companies may place a temporary hold on your account for your first payment. Please contact your credit/debit card company if you have questions. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering. IF YOU ARE REQUIRED TO ENTER PAYMENT INFORMATION TO RECEIVE YOUR FREE TRIAL, ONCE YOUR FREE TRIAL ENDS, WE OR A THIRD PARTY WILL BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR YOUR SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF YOUR FREE TRIAL. INSTRUCTIONS FOR CANCELING YOUR SUBSCRIPTION ARE DESCRIBED BELOW.  WE RESERVE THE RIGHT TO MODIFY OR TERMINATE FREE TRIALS AT ANY TIME, WITHOUT NOTICE AND IN OUR SOLE DISCRETION.

D.    Auto-Renewal of Membership.  If you purchase a subscription (including, without limitation, a Non-Basic Membership), your subscription will automatically renew at the end of your Subscription Term continuously and indefinitely without action by you, and the subscription fee will be charged to you at the time of renewal, until you cancel. An enrollee whose subscription fee has been paid is entitled to all privileges included in the subscription until the subscription is cancelled by the enrollee as set forth in the paragraph below. By providing your payment method information for your subscription, you are agreeing to pay a subscription fee that will automatically renew, at the then current rate, unless you cancel prior to the expiration of the current Subscription Term, and any applicable service fees (collectively, “Fees”). By enrolling in a subscription, you agree that ParkMobile may store your payment method for the purpose of charging the Fees. The Fees will be charged to your original payment method automatically at the beginning of your Subscription Term, and at the beginning of each renewal Subscription Term thereafter on the calendar day corresponding to the commencement of your current Subscription Term, unless you cancel your subscription or your account is suspended or terminated pursuant to these Terms. The renewal Subscription Term will be the same length as your initial Subscription Term unless otherwise disclosed to you at the time of sale. The rate for the renewal Subscription Term will be the then current subscription-rate. The Fees charged to your payment method may vary from Subscription Term to Subscription Term due to changes in your subscription plan or applicable taxes, and you authorize ParkMobile to charge your payment method for these amounts. ParkMobile reserves the right to change the pricing of subscriptions at any time. In the event of a price change, ParkMobile will post the new pricing on the Services and attempt to notify you in advance by sending an email to the address you have registered for your account. You agree that we may change the pricing we charge you for your subscription and any products/services offered in your subscription package by providing you with notice through an electronic communication from us and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You consent to our ability to change our pricing and the details of our subscription packages through an electronic communication to you. If you do not wish to accept a price or subscription package change made by us, you may cancel your subscription as described below, otherwise you will be deemed to have consented to the price/subscription package change and authorize ParkMobile to charge the new Fees to your payment method. If there are any discrepancies in billing, you hereby waive your right to dispute such discrepancies if you do not notify ParkMobile within sixty (60) days after they first appear on an account statement.  

E.    Cancellation of Membership.  You have the right to cancel your Non-Basic Membership subscription at any time. To cancel a B2B subscription, you may email fleets@parkmobile.io or call 1-877-727-5457. To cancel a B2C subscription, you may do so in the App.

If you have issues cancelling your subscription, please contact us for assistance via our customer care center online. Cancellation of initial subscription any time after purchase will result in forfeiture of the Fees and no refunds will be offered or allowed. Upon cancellation, you lose access to the areas of the Services designated for subscribers only. This could include any credit and other data, stats, and analyses that have been displayed during your membership.

F. Methods of Payment, Credit/Debit Card Terms, and Taxes. All payments must be made through Visa, Mastercard, American Express, JFC, or Discover credit cards, debit cards, Apple Pay, Google Pay, or alternative payment forms approved by ParkMobile and available on the Services; however, certain services do not accept mobile payment options such as Apple Pay or Google Pay and require you to have a debit or credit card on file. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. You represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. YOU, AND NOT PARKMOBILE, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT/DEBIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify ParkMobile of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes.  If ParkMobile does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by ParkMobile or its agents. Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products. You are responsible for paying any such taxes or charges imposed on your purchases, including, but not limited to, sales, use or value-added taxes. 

G.    Refund Policy.  You may cancel your account at any time; however, there are no refunds for cancellation. In the event that ParkMobile suspends or terminates your account or these Terms, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Services, any content or data associated with your account, or for anything else.

H.    Order Acceptance Policy.  Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. ParkMobile reserves the right at any time after receipt of your order to accept or decline your order for any reason. ParkMobile further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the subscription term or quantity you ordered of any item. Your order will be deemed accepted by ParkMobile upon our delivery of products or services that you have ordered. We may require additional verifications or information before accepting any order. Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the term or quantity you ordered, your sole and exclusive remedy is either that: (i) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order), (ii) we will issue a refund to your debit card in the amount charged for the cancelled portion or the quantity not provided (if your debit card has already been charged for the order), or (iii) we will not charge your credit card for the cancelled portion of the order or the quantity not provided. Do not assume that a cancellation or change of an order you have placed with ParkMobile has been effected until you receive a confirmation from ParkMobile via email or the Services. As stated above, you will be responsible for, and your credit card or third-party payment account may be charged for, the payment of all fees associated with orders already processed before your cancellation/change request or a request to terminate your account was received.  

  1. No Responsibility to Sell Mispriced Products or Services. In the event of any errors relating to the pricing or specifications of any item, product, or service, ParkMobile shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit or refund to your account in the amount of the charge. In case of a defective Service or erroneous charge or fee, you can submit a written complaint to ParkMobile’s customer service without delay, and at least within sixty (60) days from when the defect or relevant Service started. Your complaint shall clearly specify the nature of the error. You shall provide reasonable assistance to ParkMobile in connection with any investigation made due to your complaint. 

J.     Modifications to Prices or Billing Terms.  The purchase of products and services on the Services is subject to availability. PRODUCTS AND SERVICES DISPLAYED ON THE SERVICES MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. PARKMOBILE RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SERVICES OR BY EMAIL DELIVERY TO YOU. If ParkMobile changes the fees for any Non-Basic Membership, the change will become effective only at the end of the then-current Subscription Term. ParkMobile will provide you with prior written notice of any change in Fees to give you an opportunity to cancel your Non-Basic Membership before the change becomes effective. 

5.    Notices and Questions

You agree that: (a) we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the homepage of the Services, or in another reasonable manner that we may elect; and (b) we may contact you by email sent to the address provided by you.  You agree to promptly notify us if you change your email or mailing address by updating your account information. If you have a question regarding using the Services, you may contact us via our customer care center online . If you have questions about these Terms, please visit https://parkmobile.io/contact-page/. For legal questions, please contact ParkMobile’s legal department by emailing legal@parkmobile.io or by sending U.S. mail to the Legal Department at 1075 Peachtree St NE, Suite 3100, Atlanta, GA 30309. You acknowledge that the provision of customer support is at ParkMobile’s sole discretion and that we have no obligation to provide you with customer support of any kind.

6.     Links by You to the Services 

We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Services, so long as: (a) the links only incorporate text, and do not use any Trademarks; (b) the links and the content on your website do not suggest any affiliation with ParkMobile or cause any other confusion; and (c) the links and the content on your website do not portray ParkMobile or its products or services in a false or misleading manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive or that violate any right of any third party. ParkMobile reserves the right to suspend or prohibit linking to the Services for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.

7.    Mobile Communications

    A.    Telephone and Mobile Communications and Agreement To Be Contacted.  ParkMobile and/or its third-party partners may offer from time to time a text message (e.g., SMS, MMS, RCS, or other successor technologies) program (collectively, the “SMS Program(s)”), through which ParkMobile and/or its third-party partners send periodic autodialed text or SMS messages with ParkMobile and/or third-party offers, such as coupons and discounts. You will only receive these autodialed text/SMS marketing messages if you have opted in to an SMS Program. You are not required to opt in to make a purchase from ParkMobile. Message frequency varies and message and data rates may apply. You should check with your wireless carrier if you have questions about your plan and its coverage. See the Opt-Out Instructions below for information on how to stop receiving marketing text/SMS messages. 

    B.    Providing Telephone Numbers and Other Contact Information.  You verify that any contact information provided to ParkMobile, including, but not limited to, your name, mailing address, email address, y, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide and that you are authorized to consent to and receive communications at that telephone number. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your account is false or inaccurate, we may suspend or terminate your account at any time. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by contacting us via the customer care center online or at (877) 727-5457.

You are responsible for maintaining all devices, equipment, and services needed to receive communications. 

    C.    Your Consent to Receive Automated Calls/Texts.  You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive artificial voices, prerecorded voice messages, and/or autodialed calls and text messages (such as SMS, MMS, RCS, or successor protocols or technologies) from or on behalf of ParkMobile, our agents, and its third-party partners, related to your account(s), transactions, events, offers regarding products or services, and/or your relationship with ParkMobile. You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list.  You agree that ParkMobile may obtain, and you expressly agree to be contacted at, any email addresses or phone numbers provided by you at any time or obtained through other lawful means.  You agree to receive automated calls and text messages from ParkMobile, our agents, and its third-party partners even if you cancel your account or terminate your relationship with us, unless you opt-out of such calls and texts.  You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services. To opt out, please see the Opt-Out Instructions below.

    D.    Opt-Out Instructions.  Your consent to receive automated calls and texts is completely voluntary. You may opt-out at any time. To opt-out of text messages, text “STOP” to the last text message you received from us or 77223 or contact us at (877) 727-5457 and specify that you want to opt out of text messages and provide the phone number to be opted out. You may also text HELP for help or contact our customer care center online or by calling us at (877) 727-5457 for assistance. You acknowledge and agree to receive a final text message confirming your opt-out; this message may also seek to clarify the scope of your opt-out. It is your sole responsibility to notify us if you no longer want to receive automated text messages. You waive any rights to bring claims for unauthorized or undesired text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to ten (10) business days to process any opt-out request. To opt out of a third-party partner SMS Program, contact the third-party partner directly.      

8.    Dispute Resolution 

PLEASE READ THIS ENTIRE SECTION CAREFULLY, AS YOU ARE WAIVING CERTAIN LEGAL RIGHTS IN THE EVENT OF ANY DISPUTE WITH US AND ARE AGREEING TO BINDING INDIVIDUAL ARBITRATION, AMONG OTHER THINGS.

    A.    First – Try to Resolve Disputes and Excluded Disputes.  If any controversy, allegation, or claim arises out of or relates to the Services, the Content, these Terms, or any Additional Terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of ParkMobile’s actual or alleged intellectual property rights (an “Excluded Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such contact information exists or if such information is not current, then we have no obligation under this Section 8(A). Your notice to us must be sent via certified U.S. mail to: Parkmobile, LLC, 1075 Peachtree St NE, Suite 3100, Atlanta, GA 30309. The written description included in your notice must be on an individual basis and provide at least the following information: your name; the nature or basis of the claim or dispute; the date of any purchase or transaction at issue (if any and if available), and the relief sought. For a period of sixty (60) days from the date of receipt of notice from the other party, ParkMobile and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, through an informal telephonic dispute resolution conference between you and ParkMobile in order to attempt to resolve the Dispute or Excluded Dispute. This informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this informal dispute resolution process.  Certain portions of this Section 8(A) are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and ParkMobile agree that we intend that this Section 8(A) satisfies the “writing” requirement of the Federal Arbitration Act (“FAA”).

    B.    Binding Arbitration.  If we cannot resolve a Dispute as set forth in Section 8(A) within sixty (60) days of receipt of the notice, then ANY DISPUTE ARISING BETWEEN YOU AND PARKMOBILE OR ANY OF ITS AGENTS, VENDORS, CONTRACTORS, OR OTHER THIRD PARTY BENEFICIARY OF THESE TERMS (whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, any other intentional tort or negligence), common law, constitutional provision, respondeat superior, agency or any other legal or equitable theory), whether arising before or after the effective date of these Terms, MUST BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION. The FAA, not state law, shall govern the arbitrability of all disputes between ParkMobile and you regarding these Terms (and any Additional Terms) and the Services including the “No Class Action Matters” Section below.  BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. ParkMobile and you agree, however, that the applicable state or federal law, as contemplated in Section 8(G) below, shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and ParkMobile regarding these Terms and the Services, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to any jurisdiction’s choice of law principles. An Excluded Dispute will only be subject to binding arbitration pursuant to this Section 8 if the parties mutually agree.  Any Dispute will be resolved solely by binding arbitration in accordance with the then-current: (i) Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in effect since the matter involves a “consumer” agreement as defined by Consumer Arbitration Rule R-1; and if such Consumer Arbitration Rules do not apply then: (ii) the Commercial Arbitration Rules (collectively, “Rules”) of the AAA, except as modified herein, and the arbitration will be administered by the AAA. If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling to set a hearing, then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’s streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of ParkMobile consent to in writing.  

    C.    Arbitration Process.  If after sixty (60) days the informal dispute resolution procedure set forth in Section 8(A) above is unsuccessful in resolving the parties’ dispute, a party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Rules. (The AAA provides applicable forms for Demands for Arbitration available at https://www.adr.org/sites/default/files/Demand_for_Arbitration_0.pdf  (Commercial Arbitration Rules) and https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf (Consumer Arbitration Rules), and a separate affidavit for waiver of fees for California residents only is available at https://adr.org/sites/default/files/Waiver_of_Fees_CA_Only.pdf.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state or county in which you reside. The parties will first attempt to agree on an arbitrator. If the parties are unable to agree upon an arbitrator within twenty-one (21) days of receiving the AAA’s list of eligible neutrals, then the AAA will appoint the arbitrator in accordance with the Rules. The arbitration may be conducted by telephone or based on written submissions, and if an in-person hearing is required, then it will be conducted in the county where you live or at another mutually agreed upon location. You and we will pay the administrative and arbitrator’s fees and other costs (and please note that you will be responsible for a portion or percentage of such fees) in accordance with the requirements of the Rules; but if the Rules (or other applicable arbitration rules or laws) require ParkMobile to pay a greater portion or all of such fees and costs in order for this Section 8 to be enforceable, then ParkMobile will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitration will be conducted by a single arbitrator who will apply and be bound by these Terms and any Additional Terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages and/or other relief must be consistent with the terms of the Limitations of our Liability Section.  In no event will a claim for public injunctive relief be arbitrated. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration and class action waiver provisions are for the court to decide. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration. If the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), ParkMobile will have the right to recover its attorneys’ fees and expenses. This arbitration provision shall survive termination of these Terms or the Services. You can obtain AAA and JAMS procedures, rules, and fee information as follows: AAA: 800.778.7879 and http://www.adr.org and JAMS: 800.352.5267 and http://www.jamsadr.com.

    D.    Limited Time to File Claims.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT A EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 8(A)) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES—OR IT WILL BE FOREVER BARRED. Commencing means, as applicable: (i) by delivery of written notice as set forth above in Section 8(A); (ii) filing for arbitration with JAMS as set forth in Section 8(B); or (iii) filing an action in state or federal court. The parties expressly waive any contrary statute of limitations or time bars, both legal and equitable, to the Disputes.

    E.    Injunctive Relief.  The foregoing provisions of this Section 8 will not apply to any legal action taken by ParkMobile to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Services, the Content, these Terms and/or ParkMobile’s intellectual property rights (including such ParkMobile may claim that may be in dispute), ParkMobile’s operations, and/or ParkMobile’s products or services.  

    F.    No Class Action Matters.  YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section 8(B) to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 8(H). Notwithstanding any other provision of this Section 8, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “No Class Action Matters” section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions. Notwithstanding any other provision of this Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire arbitration agreement shall be void. If any portion of this arbitration agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this arbitration agreement.  

    G.    Federal and State Courts in Fulton County, Georgia.  Except where arbitration is required above, small claims actions, or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted in state or federal court in Fulton County, Georgia. Accordingly, you and ParkMobile consent to the exclusive personal jurisdiction and venue of such courts for such matters.

    H.    Small Claims Matters Are Excluded from Arbitration Requirement.  Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court on an individual basis for disputes and actions within the scope of such court’s competent jurisdiction. 

    I.    Governing Law.  These Terms and any Additional Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of the State of Georgia, without regard to its conflicts of law provisions.

9.    DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, ParkMobile, its parent company and subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, the “ParkMobile Parties”), hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to: 

(a)     the Services (including the Content); 

(b)     the functions, features, or any other elements on, or made accessible through, the Services; 

(c)     any products, services, developer code, or instructions offered or referenced at or linked through the Services; 

(d)    services offered by parking facilities;

(e)     security associated with the transmission of your account information to ParkMobile via the Services; 

(f)     whether the Services or the servers that make the Services available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);

(g)     whether the information (including any instructions) on the Services is accurate, complete, correct, adequate, useful, timely, or reliable;

(h)    whether any defects to, or errors on, the Services will be repaired or corrected; 

(i)    whether your access to the Services will be uninterrupted; 

(j)     whether the Services will be available at any particular time or location; and

(k)    whether your use of the Services is lawful in any particular jurisdiction.  

EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A PARKMOBILE PARTY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PARKMOBILE PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. 

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.

FURTHER, PARKMOBILE IS NOT LIABLE FOR ANY DAMAGE OR LOSS INCURRED OR CAUSED BY: (I) YOUR FAULT OR NEGLIGENCE; (II) YOUR INCORRECT PARKING; (III) ERROR OR INSUFFICIENT FUNCTIONALITY OF YOUR MOBILE PHONE OR OTHER TECHNICAL EQUIPMENT; (IV) FAILURE, DISRUPTION, OR DELAY IN TELEPHONE, INTERNET, OR OTHER COMMUNICATION NETWORK PROVIDED BY A PARTY OTHER THAN PARKMOBILE, OR ANY TELECOMMUNICATION OPERATOR’S ACTIONS OR OMISSIONS; (V) UTILITY INTERRUPTION OR OUTAGE;  (VI) ERROR OR DEFECT IN A TECHNICAL FUNCTION, WHICH SPECIFIES THE AMOUNT OF THE RELEVANT CHARGES, OR PARKING COST; (VII) ERROR, DEFECT, INACCURACY, OR INSUFFICIENT FUNCTIONALITY OF ANY THIRD PARTY PROVIDER’S SERVICES OR CONTENT; (VIII) SERVICE CANCELLATION BY PARKMOBILE FOR REASONS THAT PROVE TO BE INCORRECT, BUT PARKMOBILE HAD REASON TO BELIEVE WERE CORRECT AT THE TIME OF CANCELLATION; (IX) DISRUPTION IN OR INADEQUATE ACCESS TO SERVICES, WHICH COULD NOT HAVE BEEN REASONABLY FORESEEN; (X) PARKING FACILITY UNAVAILABILITY; AND/OR (XI) UNAUTHORIZED USE OF YOUR LOGIN CREDENTIALS; (XII) ANY INACTION ON YOUR PART.

10.    LIMITATIONS OF OUR LIABILITY

TO THE EXTENT PERMITTED UNDER ANY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY PARKMOBILE PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:

(a)     the Services (including the Content); 

(b)     your use of or inability to use the Services, or the performance of the Services; 

(c)     any action taken in connection with an investigation by ParkMobile Parties or law enforcement authorities regarding your access to or use of the Services;

(d)     any action taken in connection with copyright or other intellectual property owners or other rights owners; 

(e)    services offered by parking facilities;

(f)    any injury or damages you sustain directly or indirectly as a result of your use of the Services;

(g)    any errors or omissions in the Services’ technical operation; or 

(h)     any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.

The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if ParkMobile Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Services).  

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.

EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PARKMOBILE PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID PARKMOBILE TO ACCESS THE SERVICES OR IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.  FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY US. YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.

FURTHER, PARKMOBILE IS NOT LIABLE FOR LOSS OR DAMAGE TO YOUR VEHICLE OR OTHER PROPERTIES WHILE PARKED AT ANY RELEVANT PARKING FACILITY; THE SERVICES OFFERED BY PARKING FACILITIES OR OTHER PARKMOBILE PARTNERS; OR INDIRECT, SPECIAL, CONSEQUENTIAL DAMAGES SUCH AS, E.G., REPUTATIONAL DAMAGE, DAMAGES AS A RESULT OF BUSINESS INTERRUPTION, SYSTEM OR COMPUTER FAILURE, LOSS, AND / OR CORRUPTION OF DATA, LOST PROFIT, TURNOVER, LOSS OF CUSTOMERS, REDUCED GOODWILL, AND / OR LOST SAVINGS.

11.    Updates to Terms and Complaints

These Terms (or if applicable Additional Terms), in the form posted at the time of your use of the applicable services to which it applies, shall govern such use (including transactions entered during such use). AS OUR SERVICES EVOLVE, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SERVICES MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SERVICES UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICES YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SERVICES (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICES AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted terms of use and any applicable Additional Terms each time you use the Services (at least prior to each transaction or submission). The Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms (and any applicable Additional Terms) that applied when you previously used the Services will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page and the email you associated with your account for notices, and you agree that the means set forth in these Terms are all reasonable manners of providing you with notice. You can reject any new, revised or Additional Terms by discontinuing use of the Services and related services.

12.    General Provisions

    A.    ParkMobile’s Consent or Approval.  As to any provision in these Terms or any Additional Terms that grants ParkMobile a right of consent or approval, or permits ParkMobile to exercise a right in its “sole discretion,” ParkMobile may exercise that right in its sole and absolute discretion. No opt-in consent or approval may be deemed to have been granted by ParkMobile without being in writing and signed by an officer of ParkMobile.   

    B.    Indemnity.  You agree to, and you hereby, defend, indemnify, and hold ParkMobile Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any ParkMobile Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your use of the Services and your activities in connection with the Services; (ii) your breach or alleged breach of these Terms or any Additional Terms; (iii) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Services or your activities in connection with the Services; (iv) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity, (v) any misrepresentation made by you; (vi) any other party’s access and/or use of the Services with your account; and (vii) ParkMobile Parties’ use of the information or content that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by ParkMobile Parties in the defense of any Claims and Losses.  Notwithstanding the foregoing, ParkMobile Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. ParkMobile Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a ParkMobile Party.

    C.    Operation of Services; Availability of Products and Services; International Issues.  ParkMobile controls and operates the Services from its U.S.-based offices, and the Services are intended for users located in the U.S. and Canada. If you use the Services from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.  The Services may describe products and services that are available only in the U.S. and Canada (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the Services and/or the provision of any content, program, product, service, or other feature described or available on the Services to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You and we disclaim any application to these Terms of the Convention on Contracts for the International Sale of Goods.

    D.    Export Controls.  Software related to or made available by the Services may be subject to export controls of the U.S. and Canada.  No software from the Services may be downloaded, exported, or re-exported: (i) into (or to a national or resident of) any country or other jurisdiction to which the U.S. or Canada has embargoed goods, software, technology or services (which, as of the effective date of these Terms, includes, without limitation, Cuba, North Korea, Iran, Sudan, and Syria); (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders; or (iii) to anyone on the U.S. Department of Commerce’s Bureau of Industry and Security Entities List as published in the Export Administration Regulations (including entities engaged in weapons of mass destruction proliferation in various countries and persons and entities that are suspected of diverting U.S. origin items to embargoed countries or terrorist end-uses). You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls, including as set forth in subsections (i) – (iii) above.

    E.    Severability; Interpretation.  If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms or any Additional Terms, the word will be deemed to mean “including, without limitation.” The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms.

    F.    Communications.  As permitted by applicable law, when you communicate with us electronically, such as via email and/or text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.  

    G.    Assignment.  ParkMobile may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of ParkMobile.  

    H.    No Waiver.  Except as expressly set forth in these Terms or any Additional Terms: (i) no failure or delay by you or ParkMobile in exercising any of rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy; and (ii) no waiver or modification of any term of these Terms or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced. For avoidance of doubt, nothing herein shall be construed to restrict ParkMobile’s right to amend these Terms or any Additional Terms as otherwise permitted in those agreements.

    I.    Additional Terms, Conditions and Requirements for Specific Parking Services.  By utilizing any of the following parking services (i.e., On-Demand Parking, Reservations, or Camera Parking), you agree to provide and/or share information with the relevant parking facility and/or ParkMobile Partners that is needed to discharge our duties to you (i.e., confirm payment and enforce parking rules and/or terms of service). Information shared with the relevant parking facility and/or ParkMobile Partners may include but is not limited to the vehicle type, license plate number, phone number, parking start time, parking end time, and if necessary, parking extension time. We will collect, share, use, store, and manage your information on the terms of our Privacy Policy. You also agree that in relation to certain parking facilities, you may only be able to request a fixed parking time, which cannot be prematurely ended or extended, or a minimum parking time. You acknowledge that ParkMobile may report any misuses of the Services, illegal activities, fraudulent or inappropriate behavior and/or suspicions thereof to the police or any other competent authority.

You understand that the App may only be used at parking facilities within parking areas or zones either indicated in the App and/or bearing ParkMobile signs or distinctive marks that indicate ParkMobile cooperates with the relevant parking facility. Parking facilities may have their own applicable rules, regulations and/or terms of service that you are required to comply with. ParkMobile is not responsible nor liable for the services offered by parking facilities, or for providing such applicable rules and/or terms of service. Please contact the parking facility to receive information in this regard.

You understand if the Services are not available or out of function, for example due to reasons attributable to (i) a mobile phone or (ii) technical equipment used by the customer, or failure, disruption, or delay in internet, other communication networks, or the Camera Parking system, you are responsible for making proper payment for the relevant parking session to the parking facility in any other way instructed by the parking facility. If you do not make a payment, in any other way available, you assume the risk of being issued a parking fine, fee, or charge for incorrect parking. You are responsible for the payment of any parking fine, fee, or charge for incorrect parking to the relevant parking facility or parking enforcement authority. ParkMobile may at its sole discretion provide information to parties engaged in any dispute related to any parking fine, fee, or charge for incorrect parking.

On-Demand Parking: On-demand parking services provided by ParkMobile (“On-Demand Parking”) allow you to find an open parking space and pay upon arrival in cooperation with parking facilities. On-Demand Parking is available through the App, including on-street and off-street parking options. On-street and off-street parking options allow you to create a parking session in the App by scanning a code, entering a relevant parking zone, and/or enrolling your phone number or vehicle license plate number in Camera Parking for automatic detection, if available. When using On-Demand Parking, you have the responsibility of correctly entering accurate Parking Session Information. ParkMobile cannot guarantee that On-Demand Parking information on the App accounts for all parking restrictions at on-street and off-street parking facilities, which may be conveyed through signage, barricades, cones, and other traffic control mechanisms at the on-street and off-street Parking sites. You agree that complying with restrictions posted or otherwise imposed at on-street and off-street parking facilities is solely your responsibility and that ParkMobile is not responsible for any violations of such restrictions. 

Reservations: Parking reservation services provided by ParkMobile are limited to informing you of the location and apparent availability of parking and providing you with the ability to pre-book a parking session. The allocation of parking spaces within a lot is solely under the control of the parking facility attendant or uncontrolled if not attended. ParkMobile, therefore, cannot be responsible for any consequences arising from the lack of suitable parking. In all cases, parking as a result of a reservation will be governed by your agreement with the operator of the parking facility as posted at their location or provided to you by them. By making a parking reservation, you agree to pay the amount shown at the time you make the reservation. 

Camera Parking: In certain parking facilities and for certain users, access may be granted and a parking session may be started and/or ended with the help of a parking facility’s park-by-telephone-number system (“Camera Parking”). In this case,your phone number or an automatic license plate number recognition system will be used to start and end your parking session (individually or collectively, the “Camera Parking System”).

If the Camera Parking System is fully automated (“Automatic Camera Parking”), a parking session is activated automatically in the ParkMobile application when the relevant phone number is entered or when the vehicle enters the parking facility if, before the entry, the user’s phone number or user’s vehicle’s license plate number has been enrolled in the Automatic Camera Parking service in the App. You will then receive a notification, and the parking session will  end automatically in the ParkMobile System when the vehicle leaves the parking facility. 

If Camera Parking is not fully automated, the Customer must activate a parking session manually in the App – the start time will be set to the time when the vehicle entered the parking facility, but the parking session ends automatically in the App when the vehicle leaves the parking facility. You are responsible for checking whether Automatic Camera Parking is available for a given parking facility by reading that parking facility’s payment procedures as posted onsite.  

By enrolling in the Camera Parking  service, you confirm that: (1) you are an authorized user of the vehicle used to register for Camera Parking; (2) you are required to de-register the license plate number for Camera Parking if you are no longer authorized to use the related vehicle; (3) you understand the total cost of a parking session, including applicable taxes and fees, will be calculated when the relevant vehicle exits the parking facility; (4) you understand a payment method stored in the App may be used to pay for the transaction with Automatic Camera Parking; and (5) parking facilities that offer Camera Parking may be added or removed without notice.

Automated License Plate Recognition Law Information for California residents: 

California Civil Code Sections 1798.90.51 and 1798.90.53, titled “Collection of License Plate Information,” requires automated license plate recognition (“ALPR”) providers implement a usage and privacy policy with respect to the collection, use, maintenance, sharing, and dissemination of ALPR information. 

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