Effective: June 25, 2019

 

By accessing or using the ParkMobile APIs (as defined below)  within a software application, website, tool, service, or product You create or offer to customers or users or in any other manner (collectively, your “Application”), You are agreeing to these terms and to comply with any accompanying documentation that applies to Your use of the ParkMobile APIs (collectively, these “API Terms”) with Parkmobile, LLC (“ParkMobile,” “we”, “us”, or “our”), 1100 Spring Street NW, Suite 200, Atlanta, GA 30309, United States, unless expressly set forth otherwise in additional terms applicable for a given API.

“Company,” “You,” and “Your” refers to the individual or legal entity that you represent. You represent and warrant to us that You have authority to accept these API Terms on behalf of yourself, a company, and/or other entity, as applicable. If You do not agree to these or any updated API Terms or if we terminate these API Terms, You must stop using the ParkMobile APIs.   The ParkMobile APIs are for use solely in connection with ParkMobile’s platform (with all ParkMobile services, technology and content, the “ParkMobile Services”).

You may not use the ParkMobile APIs and may not accept these API Terms if (a) You are not of legal age to form a binding contract with ParkMobile, or (b) You are a person barred from using or receiving the Parkmobile APIs under the applicable laws of the United States or other countries including the country in which You are resident or from which You use the Parkmobile APIs.

 

Access to ParkMobile APIs

 

Limited License

 

Subject to Your compliance with all of these API Terms, ParkMobile grants You a limited, non-exclusive, worldwide, non-transferable, non-assignable (subject to the section titled “Assignment”), revocable license to access and use any application programming interface, software, other functionality and associated  tools and  documentation that ParkMobile makes available  (collectively, the “Parkmobile APIs”) only as necessary to develop, test and support an integration of Your Application with the ParkMobile APIs.  You may use the ParkMobile APIs only as expressly permitted in these API Terms. Violation of these API Terms may result in the suspension or termination of Your use of the ParkMobile APIs. You may charge for Your Application; however, You may not sell, rent, lease, sublicense, redistribute, or syndicate access to any ParkMobile APIs.

 

Restrictions

 

You will not:

 

(A) Access our ParkMobile APIs or documentation in violation of any law or regulation;

(B) Access our ParkMobile APIs in any manner that (i) compromises, breaks or circumvents any of our technical processes or security measures associated with the ParkMobile APIs or ParkMobile Services, (ii) poses a security vulnerability to customers or users of the ParkMobile Services, or (iii) tests the vulnerability of the ParkMobile Services, systems or networks;

(C) Access our ParkMobile APIs in order to replicate or compete directly or indirectly with the ParkMobile Services;

(D) Attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how of our ParkMobile APIs or ParkMobile Services;

(E) Sell, lease, or otherwise transfer our ParkMobile APIs or user data, to any third party;

(F) Use automated systems designed to access, analyze, or scrape our website, including our ParkMobile APIs, unless expressly authorized by us;

(G) Use the ParkMobile APIs in a manner that is inconsistent with data protection principles including subject access requests, where available to data subjects;

(H) Use the ParkMobile APIs or user data with a third-party advertising or marketing platform, whether or not aggregated, and whether or not tied to a specific user;

(I) Combine Your Application or other code with the ParkMobile APIs in a way (such as using a software license) that is incompatible with these API Terms;

(J) Misrepresent Your affiliation with ParkMobile, such as by failing to comply with the ParkMobile Trademarks Section of these API Terms;

(K) Attempt to use the ParkMobile APIs in a way that is not transparent with ParkMobile or users regarding the purposes behind Your processing of user data; for example, You may not combine ParkMobile user data with other sources of data about them without the consent of ParkMobile and the users;

(L) Upload, post, collect, store, share, transfer, or process personal information or data about ParkMobile users unless specifically and affirmatively authorized by such user with appropriate notice, and only to the extent compatible with Your terms of service, Your Privacy Policy (as defined below), and these API Terms; or

(M) Attempt to use the ParkMobile APIs in a manner that constitutes excessive or abusive usage as determined by us in our sole discretion.

 

You will:

 

(A) Only use the Parkmobile APIs to develop and distribute Your Application;

(B) Restrict disclosure of the Parkmobile APIs credentials, or any part thereof, to Your agents, employees, or services providers, who require access to use, maintain, implement, correct or update Your Application in accordance with these API Terms, who are subject to confidentiality obligations the same as or greater than those contained herein and for whom You will be fully liable.

 

Confidentiality

 

You may be given access to certain non-public information, software, and specifications relating to the ParkMobile APIs (including the ParkMobile APIs, the “Confidential Information”), which is confidential and proprietary to ParkMobile. You may use Confidential Information only as necessary in exercising Your rights granted under these API Terms. You may not disclose any Confidential Information to any third party without ParkMobile’s prior written consent. You agree that You will protect any Confidential Information from unauthorized use, access, or disclosure in the same manner that You would use to protect Your own confidential and proprietary information, but no less than a reasonable manner.

 

Return of Materials

 

Whether or not these API Terms have been terminated, or automatically upon the termination or expiration of these API Terms, You will promptly return to ParkMobile all copies of written Confidential Information in Your possession or in the possession of Your representatives, including without limitation, all copies of any analyses, compilations, studies, notes, or other documents prepared by or for You that contain or reflect any Confidential Information (written or non-written), or will permanently destroy such.  Should You elect to destroy any Confidential Information in lieu of returning it, You shall provide written certification to ParkMobile of such destruction.

 

Security

 

You warrant that Your Application has been developed to operate with the ParkMobile APIs and ParkMobile APIs content in a secure manner. Your network, operating system and the software of Your servers, databases, and computer systems must be properly configured to securely operate Your Application and store content collected through Your Application (including the ParkMobile APIs content). Your Application must use reasonable security measures to protect the private data of Your users.

 

We may use technology to detect, prevent or limit the impact of any issues caused by Your Application (before, after, or instead of suspension of Your access). This may include, for example, (i) filtering to stop spam, (ii) performing security or privacy monitoring, including regarding scraping, denial of service attacks, user impersonation, application impersonation, or illicit consent grant(s), or (iii) limiting or terminating Your access to the ParkMobile APIs. You will permit ParkMobile reasonable access to Your Application for purposes of monitoring compliance with these API Terms. You will respond to any questions by ParkMobile about Your compliance with these API Terms.

 

You must have a process to respond to any vulnerabilities in Your Application, and in the case of any vulnerabilities related to Your Application’s connection to the ParkMobile APIs discovered by You or reported to You by a third party, You agree that You will provide vulnerability details to ParkMobile by contacting legal@ParkMobile.io.

 

Transparency and Your Compliance with Applicable Privacy and Data Protection Laws

 

You must comply with all laws and regulations applicable to Your use of the data accessed through the ParkMobile APIs, if any, including without limitation laws related to privacy, data protection and the confidentiality of communications. Your use of the ParkMobile APIs is conditioned upon implementing and maintaining appropriate protections and measures for Your Application and service, and that includes Your responsibility to the data obtained through the use of the ParkMobile APIs.

 

For the data You obtain through the ParkMobile APIs, You must: (a) obtain all necessary consents before processing data and obtain additional consent if the processing changes; (b) implement proper retention and deletion policies, including deleting all data when Your user abandons Your Application, uninstalls Your Application, closes its account with You, or abandons the account; (c) maintain and comply with a written statement available to customers and users that describes Your privacy practices regarding data and information You collect and use (“Your Privacy Policy”), and that statement must be as protective as the ParkMobile Privacy Policy.

 

If You offer Your Application for use by others outside Your organization, You must maintain a user agreement for Your Application, which is prominently identified or located where users download or access Your Application. You must promptly notify us in writing via email to legal@ParkMobile.io of any breaches of Your user agreement or Your Privacy Policy that impact or may impact ParkMobile, the ParkMobile APIs or customers or users of the ParkMobile APIs.

 

Nothing in these API Terms shall be construed as creating a joint controller or processor-subprocessor relationship between You and ParkMobile.

 

Right to Suspend Access and Audit

 

If we believe that there is a violation of these API Terms that can simply be remedied by Your modification or update of Your Application, we will, in most cases, ask You to take direct action rather than suspend access. In some instances, we may take what we determine to be appropriate action if You are not responsive, or if we believe there is a credible risk of harm to us, our customers or users or any third parties, and therefore reserve our right to suspend Your access to the ParkMobile APIs. ParkMobile also reserves the right to audit Your Application to ensure it does not violate these API Terms and other applicable ParkMobile policies. You agree that You will cooperate with inquiries related to such an audit and provide us with proof that Your Application complies with these API Terms and other applicable ParkMobile policies.

 

Feedback

 

If You provide any feedback about the ParkMobile APIs or ParkMobile Services to ParkMobile, including identifying potential errors and improvements to or any aspects of the ParkMobile APIs or ParkMobile Services (“Feedback”), You hereby assign to ParkMobile all right, title and interest in and to the Feedback, and ParkMobile is free to use, reproduce, disclose, and otherwise exploit the Feedback without attribution, payment or restriction, including to improve the ParkMobile APIs or ParkMobile Services and to create other products and services. ParkMobile will treat any Feedback as non-confidential and non-proprietary. You will not submit any Feedback that You consider confidential or proprietary. These rights survive these API Terms.

 

Open Source Software

 

The Parkmobile APIs may include software offered under an open source license.  Solely to the limited extent the open source license expressly supersedes these API Terms, the open source license instead sets forth your agreement with Parkmobile for the applicable open source software only.

 

Ownership and Proprietary Rights

 

Reservation of Rights

 

You retain Your ownership rights in Your Application and we own and will continue to own the ParkMobile APIs and ParkMobile Services including all related intellectual property rights therein.

 

ParkMobile Trademarks

 

The rights granted in these API Terms do not include any general right to use the ParkMobile name or any ParkMobile trademarks, service marks or logos (collectively, the “ParkMobile Marks”) including with respect to Your Application. Subject to Your continued compliance with these API Terms, You may use the ParkMobile Marks to comply with ParkMobile’s requirements for certain limited purposes related to Your Application only as described in the ParkMobile Branding Guidelines (https://ParkMobile.io/company/ParkMobile-media-assets/). These rights apply on a non-exclusive, non-transferable, worldwide, royalty-free basis, without any right to sub-license, and may be revoked by ParkMobile at any time. If ParkMobile updates the Branding Guidelines or any ParkMobile Marks that You are using, You agree to update Your use and such ParkMobile Marks to reflect the most current versions. You must not use any ParkMobile Marks, or any confusingly similar mark, as the name or part of the name or icon of Your Application, or as part of any logo or branding for Your Application.

 

Termination

 

We may suspend or immediately terminate these API Terms, any rights granted herein, and/or Your license to the ParkMobile APIs, in our sole discretion at any time for any reason and with or without notice to You. You may terminate these API Terms by discontinuing use of the ParkMobile APIs.

 

Upon termination, all rights and licenses granted herein terminate immediately and You must cease use of the ParkMobile APIs. You must also promptly destroy or return any data accessed or obtained through the ParkMobile APIs and all copies of the ParkMobile APIs, any documentation and any other ParkMobile information in Your possession or control that was received under these API Terms, unless expressly permitted by ParkMobile or required  by law. Upon termination of these API Terms, You shall immediately cease using or displaying any ParkMobile Marks on any website or otherwise.

 

Disclaimer of Warranties, Limitation of Liability and Indemnity

 

Disclaimer of Warranties

 

WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE PARKMOBILE APIS. YOU UNDERSTAND THAT USE OF THE PARKMOBILE APIS IS AT YOUR OWN RISK AND THAT WE PROVIDE THE PARKMOBILE APIS ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE”. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE API TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. WE DO NOT GUARANTEE THE PARKMOBILE APIS WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE PARKMOBILE APIS MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION, ERRORS IN FUNCTIONING, OR DATA LOSS.

 

Limitation of Liability

IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES (INCLUDING BREACH OF THESE API TERMS), YOU AGREE THAT YOUR EXCLUSIVE REMEDY IS TO RECOVER, FROM PARKMOBILE OR ANY AFFILIATES, DISTRIBUTORS, SUPPLIERS AND VENDORS (AND THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, OR DIRECTORS), ONLY DIRECT DAMAGES UP TO USD $5.00 COLLECTIVELY. YOU CANNOT RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE. These limitations and exclusions apply even if this remedy does not fully compensate You for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations apply to any claims related to these API Terms or Your use of the ParkMobile APIs.

 

For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these API Terms, if Your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions, we do not disclaim liability: (a) for death or personal injury caused by our negligence or that of any of our officers, employees or agents; (b) for fraudulent misrepresentation; or (c) which it is not lawful to exclude either now or in the future.

 

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THESE API TERMS, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE ABOVE RELEASE.

 

Indemnification

 

You will defend, hold harmless, and indemnify ParkMobile, its affiliates and their respective successors, assigns, officers, directors, and employees (each, a “ParkMobile Indemnified Party”) from and against any and all third party claims, actions, suits, proceedings, and demands arising from or related to Your use of the Parkmobile APIs, Your violation of these API Terms, Your Application, Your user agreement or Your Privacy Policy or any infringement by You or Your Application of any ParkMobile or third party intellectual property rights  (a “Claim Against Us”), and will indemnify the ParkMobile Indemnified Parties for all reasonable attorney’s fees, costs, judgments, damages, expenses, and amounts paid or incurred by a ParkMobile Indemnified Party resulting or arising from a Claim Against Us.

 

Limitations on Indemnifications

 

Notwithstanding anything contained in the preceding section, (a) we will always be free to choose our own counsel if we pay for the cost of such counsel; and (b) no settlement may be entered into by You, without our express written consent (such consent not to be unreasonably withheld), if: (i) the third party asserting the claim is a government agency, (ii) the settlement arguably involves the making of admissions, (iii) the settlement does not include a full release of liability, or (iv) the settlement includes terms other than a full release of our liability and the payment of money by You.

 

Surviving Provisions

 

The sections or articles titled Confidentiality; Return of Materials; Right to Suspend Access and Audit; Feedback; Ownership and Proprietary Rights; Termination; Restrictions; Return of Materials; Disclaimer of Warranties, Limitation of Liability and Indemnity; Surviving Provisions; and General Provisions will survive any termination or expiration of these API Terms.

 

General Provisions

 

Publicity

 

You grant us the right to use Your name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential developers and customers, subject to Your standard trademark usage guidelines as provided to us in writing from time-to-time.

 

Force Majeure

 

Neither party will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of such party, which may include denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.

 

Relationship of the Parties; No Third Party Beneficiaries

 

These API Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third party beneficiaries to these API Terms.

 

Modifications to the ParkMobile APIs and API Terms

 

ParkMobile may change or discontinue the availability of some or all of the ParkMobile APIs at any time for any reason with or without notice. Such changes may include, without limitation, removing or limiting access to the ParkMobile APIs, requiring fees or setting or enforcing limits on Your use of additions to the ParkMobile APIs. We may also impose limits on certain features and services or restrict Your access to some or all of the ParkMobile APIs.

 

We may modify these API Terms at any time with or without individual notice to You. Any modifications will be effective upon Your continued use of the ParkMobile APIs. You can review the most current version of these API Terms at any time by visiting https://parkmobile.io/api-terms-of-use.

 

No Waiver

 

No failure or delay by either party in exercising any right under these API Terms will constitute a waiver of that right. No waiver under these API Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.

 

Severability

 

These API Terms will be enforced to the fullest extent permitted under applicable law. If any provision of these API Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these API Terms will remain in effect.

 

Assignment

 

You may not assign or delegate any rights or obligations under these API Terms, including in connection with a change in control, without the prior written consent of ParkMobile. Notwithstanding the foregoing, ParkMobile may assign these API Terms in their entirety. Any purported assignment in violation of this section is void.

 

Applicable Law

 

These API Terms and all disputes arising hereunder or related hereto, or related to the use of the ParkMobile APIs will be governed by and construed in accordance with the laws of the State of Georgia, United States of America, excluding its principles of conflicts of law and private international law rules. All claims arising out of or relating to these API Terms or the ParkMobile APIs will be litigated exclusively in the federal or state courts of Fulton County, Georgia, U.S.A., and You and ParkMobile consent to personal jurisdiction in those courts.

 

Entire Agreement

 

These API Terms and any documents incorporated into these API Terms by reference constitute the entire agreement between You and ParkMobile regarding the ParkMobile APIs and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, or whether established by customer, practice, policy or precedent, concerning its subject matter.

 

 

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