PUBLIC OFFER AND LICENSE AGREEMENT
Before using ParkApp, please read the terms of this public offer, which is also a license agreement (hereinafter referred to as the "Agreement"). Any use of this program means full and unconditional acceptance of the terms of this Agreement by you. In addition, by accepting this Agreement, you also accept all of its future changes, which will be made unilaterally by the rights holder. If you do not accept the terms of this Agreement in full, you can not use the ParkApp program for any purpose. You accept that the company ParkApp LLC does not provide the operation and technical exploitation of a commercial parking facility or other parking services and does not function as a service company.You accept that such parking services are provided to you by independent third parties contractors of the commercial facility or by the commercial entity itself that are neither employees of the "ParkApp" LLC company nor affiliated with "ParkApp" LLC.
Mobile application or a program ParkApp - the program for the mobile smartphone, developed for navigation to parking lots and payments of parking services. The mobile application is presented on the iOS and Android platforms and the website of the company, exclusive rights on which belong to the copyright holder - ParkApp LLC. The mobile application is installed by customers from public sources like an AppStore and Google Play Market to personal smartphones.
The object, commercial parking, parking lot, garage - means the territory, real estate belonging to a third party in favor of which LLC ParkApp provides you (user, client) a payment service and for this purpose gives you (to the user / client) non-exclusive rights to use the mobile application.
Municipal parking - means the territory belonging to the respective municipality in favor of which ParkApp LLC provides you with a parking payment service and for which transfers to you (the user / client) the non-exclusive rights to use the mobile application.
Customer, user, hereinafter referred to as you - means an individual who has installed and launched mobile application ParkApp on one’s smartphone, intending to park the vehicle on the parking lot and perform payment for parking (third-party services) by a non-cash method, using a mobile application ParkApp.
License fee – is the payment for the use of non-exclusive rights to the mobile application paid by the client in favor of LLC "ParkApp" in accordance with this Agreement.
1. General Terms
1.1. The agreement establishes conditions for using the ParkApp program and is concluded between you and ParkApp LLC, which is the owner of the exclusive rights on the ParkApp program (hereinafter referred to as the “Right Owner”).
1.2. By copying the Program, installing it on your device or otherwise using the Program, you express your full and unconditional agreement with all the terms of the Agreement.
1.3. Use of the Program is allowed exclusively on the terms of this Agreement. If the User does not accept the terms of the Agreement in full, the User has not the right to use the Program for any purposes. Using the Program in violation of (without meeting) any of the terms hereof is prohibited.
1.4. The User’s use of the Program on the terms of this Agreement for personal non-commercial purposes is free of charge. Use of the Program on terms and in a manner not provided for in this Agreement is possible only under a separate agreement with the Right owner.
1.6. This Agreement and all relations relating to the use of the Program will be governed by the law of the Russian Federation, and any claims or lawsuits arising out of this Agreement or use of the Program will be filed and considered in a court at the Right Owner’s whereabouts.
1.7. The Right Owner may furnish to the User a translation of this Agreement from Russian into other languages, but in case of conflict between the terms of the Agreement in Russian and its translation only the Russian version of the Agreement will have legal effect.
2. User Registration
2.1. To use certain ParkApp services or certain specific functions of services, the User shall complete registration to create a unique account.
2.2. Upon registration, the User shall provide valid and complete information requested in the registration form and shall regularly update such information. If the User provides invalid information or ParkApp has reasons to believe that any information provided by the User is incomplete or invalid, ParkApp may at its discretion block or delete the User’s account or deny the User the use of any services (or certain functions).
2.3. ParkApp shall reserve the right to require at any time that the User verify the information provided upon registration and to request supporting documents (personal identification documents in particular); failure to provide these documents may, at ParkApp's discretion, be regarded as provision of invalid information and entail consequences according to Clause 2.2 hereof. In case the User's information specified in the documents provided by him/her fails to conform to the information provided upon registration or if the information provided upon registration does not make it possible to identify the User, ParkApp shall reserve the right to deny User's access to the User account and to usage of ParkApp services.
2.4. Upon registration user chooses the login method. The application offers a choice of three registration methods: login through a social network "VK", login through a social network «Facebook", via the telephone number of the User. By choosing to login via phone number, the User agrees to receive the text message with a confirmation code to verify the provided phone number and in order to proceed is obliged to enter the code in the field accordingly.
2.5. The User shall be responsible for any actions (and their consequences) in and with ParkApp services through the User’s account including voluntary transfer by the User of the information required to access the User’s account to third parties on any conditions (including by contracts or agreements).
2.6. Account use by the User. The User may not reproduce, duplicate or copy, sell, resell or use for any commercial purposes any parts of ParkApp services (including content available to the User through services) or access to ParkApp services, except when authorized by ParkApp or it is directly stated in the user agreement for any service.
2.7. Account termination. ParkApp may block or delete the User’s account as well as prohibit access through any account to certain ParkApp services and delete any content without giving reasons including in case if the User violates the terms of this Agreement.
3. User Content
3.1. The User shall be responsible for compliance of any content posted by the User with applicable legal requirements including responsibility to third parties in case posting by the User of any content or its subject matter infringes on rights and legitimate interests of third parties including personal non-property rights of authors, any other intellectual property rights of third parties and/or encroaches on other intangible assets.
3.2. The User acknowledges and agrees that ParkApp is not under obligation to review any content posted and/or distributed by the User through ParkApp services and that ParkApp has the right (but shall not be obliged to) at its discretion to prohibit the User from posting and/or distributing content or may remove any content available through ParkApp services. The User acknowledges and agrees that the User shall independently assess any risks related to using content including its reliability, validity or usefulness.
3.3. The User acknowledges and agrees that technologies of service operation may require reproduction (replication) of User content by ParkApp as well as its processing by ParkApp for compliance with technical requirements of a particular service.
3.4 The user, by registering own phone number or e-mail address in the application ParkApp, recognizes and agrees that representatives of ParkApp LLC have a right to contact the user by these contact details.
4. Terms of ParkApp Service Use
4.1. The User shall be responsible to third parties for any actions related to the use of Service including any actions resulting in violation of rights and legitimate interests of third parties as well as compliance with laws upon using the Service.
4.2. Upon using ParkApp Service, the User shall not:
4.2.1. Download, send, transmit or in any other way post and/or distribute any content that is illegal, harmful, slanderous, unethical or violates intellectual property rights, promotes hatred and/or racial, ethnic, sexual, religious or social discrimination or is insulting to any persons and/or organizations;
4.2.2. Violate third party rights including underage people and/or cause harm in any way;
4.2.3. Impersonate any other person or representative of an organization and/or community without being authorized to do so, including employees of ParkApp, forum moderators, website owners and apply any other forms and methods of unlawful representation of other persons online as well as mislead other users and ParkApp regarding features and characteristics of any subjects or objects;
4.2.4. Download, send, transmit or otherwise post and/or distribute content if not authorized to do so by law or contract;
4.2.5. Download, send, transmit or otherwise post and/or distribute unauthorized advertising information, spam (including spamdexing), lists of e-mail addresses of other people, pyramid schemes, multilevel marketing (MLM), Internet earning systems and e-mail businesses, chain letters as well as use ParkApp service for participation in any of the above;
4.2.6. Download, send, transmit or otherwise post and/or distribute any materials containing viruses or other computer codes, files or programs designed to breach, destroy or limit the operation of any computer or telecommunication equipment or software, for unauthorized access as well as serial numbers to commercial software and generation programs, logins, passwords and other means to receive authorized access to fee-based online resources, or post links to such information;
4.2.8. Interfere with regular operation of ParkApp websites and services;
4.2.9. Post links to online resources, content of which violates Russian laws;
4.2.10. Assist any actions to violate any restrictions and prohibitions imposed by this Agreement;
4.2.11. Otherwise violate legal standards including international law.
4.3. ParkApp has no responsibility on any payment issue within the Program whatsoever.
4.4. ParkApp team at its own discretion has a right to moderate and block the users generated content as well as the right to block the users access to the ParkApp application.
4.5. For the abusive and inappropriate content such as animal cruelty, pornography, racism or aggressive political views – users will be blocked.
5. Third Party Websites and Content
5.1. ParkApp services may content links to other websites (third party websites). Such third parties and their content are not verified by ParkApp for compliance with any requirements (validity, completeness, accuracy, etc.). ParkApp shall not be responsible for any information or materials posted at third party websites that the User may access through the services including any opinions or statements at third party websites, advertising, etc. as well as availability of such websites or content and consequences of their use by the User.
5.2. A link (in any format) to any website, product, service, any commercial or non-commercial information published on the Website shall be considered as approval or recommendation of such products (services, activities) by ParkApp, unless directly stated at ParkApp resources.
6. Limitation of Liability
6.1. You use ParkApp services at your own risk. Services are provided as is. ParkApp accepts not responsibility including for compliance of services with your goals;
6.2. ParkApp does not guarantee that services comply/will comply with your requirements; that services will be provided without interruptions, promptly, sustainably and without errors; that results received with the use of services are accurate and reliable and may be used for any purposes or in any capacity (for instance, for identification and/or verification of any facts); that the quality of any product, service, information, etc. received through the services will meet the your expectations;
6.3. Any information and/or materials (including downloadable software, messages, any instructions and guidelines, etc.) which the User accesses through ParkApp services may be used by the User at his own risk and the User shall be responsible for any potential consequences of the use of such information and/or materials including any damage to the User’s computer or third parties, loss of information or any other damage;
6.4. ParkApp shall not be liable for any losses resulting from the User using ParkApp services or separate parts/ functions of services;
6.5. Under any circumstances, ParkApp’s liability under Article 15 of the Civil Code of Russia is limited to 10,000 (ten thousand) RF rubles and shall be imposed in case of guilty actions.
6.6 LLC "ParkApp" including a team of moderators and the application developers of ParkApp shall not be liable in cases when users car was towed by the municipal service for the wrong spot parking.
Federal Law № 152-FL "On personal data" - the federal law governing the processing (use) of personal data.
8.1. Downloading the ParkApp from is free of charge for you.
8.2. For the use of the ParkApp program, the user pays to LLC "ParkApp" a royalty as a percentage of the amount paid by the user using the ParkApp program for third party services (parking services, etc.). The license fee can be both "in excess" of the cost of such services as well as included into the rate of the parking facilities provider. The license payment is paid by the user at the same time as the payment of the services of third parties.
8.3. The amount of the license fee and the cost of third-party services paid by the user is indicated in the mobile application when the user pays for the services of third parties. The amount of the license payment is established by LLC ParkApp and may vary from time to time, and may also be different for payment for different types of services or for paying parking belonging to different third parties. By paying for services of third parties and a royalty, you confirm that you agree with the amount payable.
8.4. Payments by the bank cards are being carried out through the Internet acquiring by the bank of PJSC "Sberbank of Russia".
8.5. The service of payment through Internet acquiring is carried out in accordance with the Rules of International Payment Systems on the principles of confidentiality and security of payment, using the most modern methods of verification, encryption and data transmission through closed communication channels.
8.6. The bank card data is entered on the secure payment page of PJSC "Sberbank of Russia", which provides the corresponding service.
8.7. "ParkApp" LLC recognizes you as a user once you passed the procedure of registration of your bank card in the mobile application ParkApp and use the mobile application in accordance with the functional purpose. Users are the subject to the provisions of the Agreement in accordance with Articles 437 and 438 of the Civil Code of the Russian Federation.
8.8. You accept all the possible risks associated with your mistakes and inaccuracies in the data provided when paying.
8.9. Cases of refusal to make a payment:
- The bank card is not intended for making payments through the Internet, which you can find out by contacting your Bank;
- There is not enough money to pay on the bank card. More information about the availability of funds on the bank card you can find out by contacting the bank that issued the bank card;
- The bank card data was entered incorrectly;
- The validity of the bank card has expired. The validity period of the card is usually indicated on the front side
Card (this is the month and year to which the card is valid). You can find out more about the validity period of the card by contacting the bank that issued the bank card;
- Exceeded the established limit of operations per day. The amount of the daily limit for all transactions is determined by the partner bank.
8.10. For correct data entry, when paying, you must carefully and accurately follow the sequence of numbers and letters, enter the data as indicated on your card:
- The cardholder, as a rule, is indicated on the face of the bank card in English in capital letters. For example, IVANOV IVAN;
- The card number, as a rule, is indicated on the front side of the bank card and consists of 16 digits. For example: 0123 4567 8901 2345;
- The validity period of the card is usually indicated on the face of the bank card - the month and year to which the card is valid. The validity period of the card is entered in figures. For example, 12 (entered in the field of the month) and 25 (entered in the field of the year), which means that the card is valid until December 2025);
- CVV2 or CVC2 card code (usually listed on the back of the bank card and consists of 3 digits, for example, 123.
8.11. The user has the right to demand the return of the mistaken payment, made through ParkApp, from the service provider only, ie the parking owner, the management company, etc.
8.12. If the parking provider approves the return of the mistaken payment made through the ParkApp mobile application, ParkApp LLC will make a refund, with the deduction of its own commission. LLC ParkApp does not guarantee the Client a full refund of the amount paid due to the commission of the acquiring bank.
8.13. By installing the mobile application ParkApp, the user acknowledges and accepts that ParkApp LLC is not responsible for the refusal of the parking service provider (the owner of the facility) to return any payments to the Client. The user also accepts the condition that any lawsuits against ParkApp LLC by the user are groundless and are not valid.
9. Additional information.
9.1. This Agreement shall enter into force for the user from the moment the user downloads the program ParkApp and acts indefinitely.
9.2. In all that is not stipulated by the terms of the Agreement, the parties are guided by the legislation of the Russian Federation.
9.2 This agreement is made in Russian and English. In case of discrepancies, the agreement in Russian is a priority.
Using this mobile application, you agree to the mandatory need for timely updates of the application ParkApp in AppStore and Google Play stores. You also agree that you do not have the right to use the application without installing an update, and also acknowledge your claims for the work of a non-updated application to be completely invalid.
11. Information on Right Owners and Data Owners:
Map UI is based on the open source API © Google, 2017.
Mobile application ParkApp™, 2017
12. Legal entity
Company "ParkApp" Limited Liability Company, BIN 1147746910783, INN 7736679578, KPP 773601001.