Privacy Policy

ParkUp Mobile Application End User License Agreement

This Mobile Application End User License Agreement (“Agreement”) is a binding agreement between you and ParkUp Inc. (ParkUp). This Agreement governs your use of the ParkUp Mobile application for iOS or Android (including all related documentation, the “Application”). The Application is licensed, not sold, to you. Certain features of this Application may require you to register or provide personal information.

BY CLICKING THE “AGREE” BUTTON, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD OR USE THE APPLICATION.

1. Grant of License

Subject to the terms of this Agreement, ParkUp grants you a limited, non-exclusive, non-transferable, and non-sublicensable license to:

  • Download, install, and use the Application for your personal, non-commercial use on any mobile device owned or lawfully controlled by you, in line with the Application’s documentation.
  • Access, stream, download, and use on such mobile device the Content and Services made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and any applicable terms of use.

2. Restrictions on Use

  • Do not copy the Application, except as permitted by this license.
  • Do not modify, translate, adapt, or create derivative works from or improvements to the Application.
  • Do not reverse engineer, disassemble, decompile, decode, or attempt to derive the source code of the Application.
  • Do not remove or alter any trademarks or any intellectual property notices from the Application.
  • Do not rent, lease, lend, sell, sublicense, assign, distribute, publish, or otherwise make available the Application to any third party.
  • Do not remove, disable, circumvent, or implement any workaround to any security features in the Application.
  • Do not use the Application for any commercial or business purpose or enterprise.
  • Do not use the Application to purchase parking in advance prior to entering the parking facility.
  • Do not use any ParkUp intellectual property or interfaces in the design, development, or distribution of any applications, accessories, or devices for use with the Application.
  • Do not use the Application while driving or in hazardous environments.
  • Do not use the Application to park in multiple locations or leave and come back to park under a single transaction.

3. Reservation of Rights

ParkUp reserves all rights not expressly granted to you in this Agreement. You acknowledge and agree that the Application is licensed and not sold. You do not acquire any ownership interest in the Application under this Agreement. ParkUp and its licensors retain all rights in the Application, including all copyrights, trademarks, patents, and other intellectual property rights. ParkUp and its affiliated entities reserve the right to refuse business to any persons or entities at any time.

4. Collection and Use of Your Information

You acknowledge that when you download, install, or use the Application, ParkUp may use automatic means (including cookies and web beacons) to collect information about your mobile device and your use of the Application. You may be required to provide certain information about yourself, including personal information, payment information, and geolocation information, as a condition to using certain features of the Application. All information we collect is subject to our ParkUp Mobile Privacy Notice. By downloading, installing, using, and providing information through this Application, you consent to our actions with respect to your information in compliance with the Privacy Policy.

5. Content and Services

The Application may provide you with access to ParkUp’s website and certain features or content hosted on the website (collectively, “Content and Services”). Your access to such Content and Services is governed by our Site’s Terms of Use and Privacy Policy, which are incorporated by reference. Any violation of those Terms of Use or Privacy Policy is also a violation of this Agreement.

6. Geographic Restrictions

ParkUp is based in the United States. The Application’s features, functionality, and Content and Services are provided for use only by persons located in the United States. You may not have access to all features or Content outside the United States, and access may not be legal by some persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.

7. Updates

ParkUp may develop and provide updates (including upgrades, bug fixes, patches, or new features) at its sole discretion. These updates may modify or delete certain features and functionality. Based on your device settings, the Application will either automatically install updates or prompt you to do so. You must promptly install all updates; the Application or its parts may not operate correctly if you do not. All updates are considered part of the Application and are subject to this Agreement.

8. Third-Party Materials

The Application may display or provide access to third-party content (including data, information, or materials) or websites, including through advertising (“Third-Party Materials”). ParkUp is not responsible for Third-Party Materials, including their accuracy or legality. Access and use are entirely at your own risk and subject to the third parties’ terms and privacy practices.

9. Term and Termination

  • The term of this Agreement begins when you download the Application and continues until terminated by you or ParkUp.
  • You may terminate this Agreement by deleting the Application and all copies from your mobile device(s).
  • ParkUp may terminate or suspend this Agreement or your account at any time without notice if it ceases to support the Application, if you misuse your parking privileges, or if your account becomes past due.
  • This Agreement terminates immediately without notice if you violate any terms of this Agreement, the Privacy Policy, or any applicable terms of use.
  • Upon termination, all rights granted to you end, and you must stop using and delete the Application from your devices.
  • Termination does not limit any of ParkUp’s rights or remedies at law or in equity.

10. Disclaimer of Warranties

THE APPLICATION IS PROVIDED “AS IS” WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PARKUP AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PARKUP DOES NOT WARRANT THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, BE ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PARKUP AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES, INCLUDING PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. IN NO EVENT WILL PARKUP’S TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED THE AMOUNT YOU PAID FOR THE APPLICATION OR FOR PRODUCTS OR SERVICES PURCHASED THROUGH THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify, defend, and hold harmless ParkUp and its officers, directors, employees, agents, affiliates, successors, and assigns from all losses, damages, liabilities, claims, or expenses (including attorneys’ fees) arising out of or related to your misuse of the Application or your breach of this Agreement, including any content you submit through the Application.

13. Export Regulation

The Application may be subject to United States export control laws. You shall not export or make the Application accessible in any jurisdiction where prohibited by law. You must comply with all federal laws, regulations, and rules regarding export.

14. United States Government Rights

The Application is commercial computer software, as defined in 48 C.F.R. § 2.101. If you are an agency of the United States Government or any contractor for such an agency, you receive only those rights with respect to the Application that are granted to all other end users under license, consistent with 48 C.F.R. § 227.7201-227.7204 for the Department of Defense and 48 C.F.R. § 12.212 for all other United States Government licensees and contractors.

15. Governing Law and Venue Selection

This Agreement is governed by the laws of the State of California. Any legal action arising out of or related to this Agreement must be instituted exclusively in the federal or state courts located in Los Angeles, California. You waive any objection to jurisdiction or venue in these courts.

16. Class Action Waiver

YOU AGREE THAT NO CLAIM YOU HAVE UNDER THIS AGREEMENT OR RELATED TO USE OF THE APPLICATION WILL BE JOINED WITH ANY OTHER PERSON’S CLAIM. NO CLASS PROCEEDINGS ARE PERMITTED, AND YOU WAIVE ALL RIGHTS TO PROCEED ON A CLASS OR REPRESENTATIVE BASIS.

17. Limitation of Time to File Claims

ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM, OR IT IS PERMANENTLY BARRED.

18. Severability

If any provision of this Agreement is illegal or unenforceable, the remainder will be amended to achieve as closely as possible the same effect, and all other provisions will remain in full force.

19. Waiver

A failure to exercise or delay in exercising any right or power under this Agreement will not operate as a waiver. To the extent that any ParkUp policy conflicts with this Agreement, this Agreement controls. If any provision is held to be void or invalid, it shall be modified to most closely match ParkUp’s intent, and the remainder continues in full effect.

20. Entire Agreement

This Agreement, our Privacy Policy, and any applicable terms of use constitute the entire agreement between you and ParkUp regarding the Application. It supersedes all prior or contemporaneous agreements, whether written or oral, related to the Application.

ParkUp Mobile Privacy Notice

Effective Date: June 13, 2021 This ParkUp Mobile Privacy Notice (“Notice”) applies to individuals who download and use the ParkUp Mobile App (“Users”) of ParkUp (“ParkUp”). We adopt this Notice in alignment with the California Consumer Privacy Act of 2018 (“CCPA”). Any terms defined in the CCPA carry the same meaning here. For more details about ParkUp’s data handling, see our full privacy policy on our website.

Information We Collect We may collect information that identifies or could be associated with you or your device (“Personal Information”). Within the last twelve (12) months, we may have collected these categories of Personal Information from Users:

  • Identifiers and demographic data (name, address, mobile phone number, vehicle license plate, email).
  • Sensitive Data (financial account numbers needed for payment).
  • Transactional Data (data related to any parking services you purchased).
  • Internet or other network activity (device ID, operating system, and other technical details needed to provide our services).
  • Geolocation data (location data collected as part of our app’s functionality).
  • Inferences drawn from Personal Information (usage patterns, parking locations, or additional services you obtain through the app).

Personal Information does not include:

  • Publicly available information from government records.
  • Deidentified or aggregated information.
  • Information excluded from the CCPA’s scope.

We obtain these categories of Personal Information from:

  • Directly from you (forms you complete or services you use).
  • Indirectly from you (observing actions as a User or from location-enabled devices running the ParkUp app).
  • Third parties (for example, your credit card issuer).

Use of Personal Information We process or disclose Personal Information for:

  • Fulfilling or meeting the reason you provided the information (such as paying for parking).
  • Providing support and responding to inquiries.
  • Enhancing services, including analytics for personalized experiences.
  • Protecting the security or integrity of the app and related services.
  • Responding to law enforcement requests or legal obligations.
  • Preventing or halting violations of ParkUp policies, illegal activities, or to meet legal requirements.
  • Protecting against liabilities to third parties.
  • Evaluating or conducting a merger, divestiture, restructuring, or other transfer of assets.

We will not collect additional categories of Personal Information or use it for materially different purposes without notifying you.

Sharing Personal Information ParkUp is part of an international group of companies where certain services are provided by one or more affiliates. We reserve the right to share personal information with our affiliates for the purposes described above. We request that affiliates commit to processing Personal Information in line with this Notice. We may disclose your Personal Information to a third party for business purposes. These third parties are generally “Service Providers” under applicable law. When we disclose Personal Information for a business purpose, we enter into a contract requiring the recipient to keep Personal Information confidential and not use it for any other purpose. Sometimes, we act as a Service Provider to third parties that are considered “businesses” under the law. In those situations, the third party’s handling of your Personal Information is not governed by this Notice or ParkUp’s privacy policy. We may also disclose your Personal Information as part of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of assets. We may also disclose it where required by policy or law, or in response to valid legal processes.

Disclosures of Personal Information In the preceding twelve (12) months, ParkUp has disclosed all categories of Personal Information listed above for the business purposes described. We only disclose it to Service Providers, businesses, or where required by law or in response to valid legal processes.

Sales of Personal Information In the preceding twelve (12) months, ParkUp has not sold Personal Information. We do not and will not sell the Personal Information of Users.

Changes to Our Privacy Notice ParkUp may update this Notice at our discretion. When we make changes, we post the updated Notice on our website and update the effective date.

Contact Information

If you have any questions or comments about this Notice or about how ParkUp collects and uses your information, please contact ParkUp at:
support@parkup.io