Terms of Use

Last modified 12.12.2014

These terms of use ("Terms of Use") apply to your use of the ParkTAG application ("ParkTAG-App"). Your use of ParkTAG-App shall be governed by the Terms of Use in effect at the time of use.

By installing or using ParkTAG-App you indicate that you have read and understood and agree to all of the following Terms of Use. If you do not agree with the Terms of Use, please do not install, access or use ParkTAG-App.

  1. Operator of ParkTAG-App

    ParkTAG-App is a mobile application operated by ParkTAG GmbH, Kantstr. 81, 10627 Berlin, Germany ("ParkTAG GmbH" or "we").

  2. Definitions
    • "Agreement for Use" shall mean the agreement concluded between User and ParkTAG GmbH upon installing ParkTAG-App. The Agreement for Use consists of these Terms of Use and the Privacy Policy.
    • "Community" shall mean the community of Users.
    • "Service(s)" shall mean any or all of the services and functionalities offered by ParkTAG-App as described under section 4.
    • "User" or "you" shall mean any person who installs or uses ParkTAG-App.
    • "User Content" shall mean any comment, picture, video or other information or data that is uploaded or posted on ParkTAG-App by a User.
  3. Agreement for Use
    • The Agreement for Use is applicable to all Users of ParkTAG-App. The Agreement for Use is concluded between the User and ParkTAG GmbH upon installing or using ParkTAG-App.
    • The Terms of Use become part of the Agreement for Use if the User took notice thereof and agreed thereto by installing ParkTAG-App.
    • There is no entitlement to conclude an Agreement for Use. ParkTAG GmbH can decline to accept your registration at any time without giving reasons. In this case, ParkTAG GmbH will of course delete all information and data given by you.
    • The Agreement for Use constitutes the entire agreement between ParkTAG GmbH and User with regard to the use of ParkTAG-App.
    • Registration may be necessary for the use of ParkTAG-App. You may install and register at ParkTAG-App or via Facebook free of charge. Nevertheless, credits and premium services might be purchased (e.g. to book parking spots as set out in section 4).
    • ParkTAG-App offers various registration options for Users. Users can decide which of these options they would like to log on with. Upon registration, Users must provide a user-name and an email address at which we can contact them. To register with ParkTAG-App Users must supply the required data truthfully and fully unless they are designated as voluntary details. Users are personally responsible for keeping their password confidential.
  4. Services

    ParkTAG-App helps you find a parking spot and your vehicle's parking position. To do so ParkTAG-App employs industry standard sensor technology (GPS, cell tower connections, accelerometer, gyroscope, Wi-Fi) to determine your parking position, if enabled by you. ParkTAG-App comprises the following Services:

    • Auto-detect: ParkTAG-App can automatically detect that you have just left a parking spot. It will report a potentially free parking spot to the Community. Other Users will see an anonymous marker on the map with a timer when the parking spot is vacated. If enabled in settings, anonymous information about the size of the parking spot based on your car make/model information will be displayed. If enabled in settings, ParkTAG-App will also ask you to confirm that the vacated parking spot is public.
    • Sharing: ParkTAG-App allows you to proactively share details about your parking position and the actual parking details of your vehicle (i) with the Community or (ii) with other Users privately. Such details will only be shared, if proactively initiated by you.
    • Handshake: If you manually share a vacating parking spot (post "handshake"), other Users can open a real time transaction with you. This real time positioning feature serves a well-timed parking spot handover. Should you not want another User to see your real time position you can chose not to post the handshake. A handshake posted by you can be booked by other Users.
    • Credits: Users get credit for reporting parking spot information to the Community. Credits will be recorded at your ParkTAG-App member account immediately after each finalized handshake (a handshake qualifies as finalized if confirmed by handshake partner). Such credits can be used for booking parking spots shared by other Users. In such case credits will be deducted from User´s ParkTAG-App member account immediately after each finalized handshake. The amounts of credits received for reporting parking spots may be freely established and adjusted by ParkTAG GmbH in its own discretion.
    • Purchase: Users that do not have the time to share parking pots can in the future purchase credits to book parking spots. The mechanism of purchasing credits will be published as the feature becomes available. ParkTAG GmbH is entitled to freely establish the price of credits as well as to adjust the value of credits in its own discretion.
    • Facebook Connect and other Social Plugins: ParkTAG-App uses Facebook Connect to identify other Users in your friend list. Parking positions are not being shared on your Facebook profile. Instead the actual parking positions are directly transferred from your app to our server which relays the information directly to your friend's app. Facebook Connect is used to retrieve the list of other relevant Users. The plugins are indicated by a Facebook logo or marked as "Facebook Social Plugin". In case you are logged in to Facebook, Facebook may allocate your use of ParkTAG-App to your User account. If you interact with the Plugins (for example, press the like-button), information about your interaction will directly be transferred to Facebook and stored by Facebook. For further details in this respect please refer to the Privacy Policy.
  5. Communication with User
    • Email communication: We may send you e-mail communications related to the Agreement for Use, such as editorial updates, personal data about your member account or changes to ParkTAG-App. If you signed up for one of our email newsletters, we will also send you the newsletter that you requested.
    • Mobile communications: Subject to your consent, we may use your mobile phone number to send you notifications or other services. All standard interaction will happen within ParkTAG-App.
    • Advertising: ParkTAG-App may display advertisements. Subject to your consent, some advertisements are targeted based on personal data about you, i.e. location data, vehicle type, Facebook data, phone number, username and timestamp. This way advertisers reach Users who are most interested in their products, and you see advertising for products or services in which you may be interested.
  6. Obligations of User
    • ParkTAG GmbH grants you the non-exclusive, non-transferable, limited right and license to install and use ParkTAG-App solely and exclusively for your personal use. Except for User Content, any and all content of ParkTAG-App (including in particularly but not limited to texts, software, graphics, photos, sounds, music and interactive elements) is intellectual property of ParkTAG GmbH or licensed to ParkTAG GmbH, and such content can only be used for the purposes of the Services or ParkTAG-App. Such content shall not be downloaded, copied, reproduced, distributed, transferred, forwarded, displayed, sold, licensed or otherwise utilized for any other purposes without the prior written consent of ParkTAG GmbH of its licensor. All rights not expressly granted herein are reserved by ParkTAG GmbH.
    • The User especially agrees that he or she will not, and will not allow any third party to
      • copy, modify, sublicense, sell, lease, lend, rent or distribute the ParkTAG-App for any purpose;
      • decompile, reverse engineer, disassemble, translate, create derivative works from or otherwise attempt to derive source code from the ParkTAG-App or content that may be presented or accessed through the ParkTAG-App for any purpose unless otherwise permitted;
      • use mechanisms in connection with the use of ParkTAG-App that might disturb the functionalities of ParkTAG-App (in particular no measures shall be taken which circumvent, eliminate or otherwise impair the security functions of ParkTAG-App or which might result in an unreasonable or undue encumbrance of ParkTAG-App´s infrastructure);
      • make the functionality of ParkTAG-App available to multiple users through any means;
      • use ParkTAG-App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the applicable laws or these Terms of Use.
    • Furthermore, when uploading or posting User Content the User shall also comply with the provisions of section 10 of this Terms of Use.
  7. Availability of ParkTAG-App

    The User´s right to install and use ParkTAG-App and the Services exists in line with state of the art technology. ParkTAG GmbH assumes no responsibility for the availability of ParkTAG-App and the Services at a certain specific time. ParkTAG GmbH reserves the right to partly or entirely limit or stop the operation of ParkTAG-App (e.g. for reasons of security or maintenance work). ParkTAG GmbH will not be responsible for internet/network-related downtime and, in particular, for downtime in which ParkTAG-App cannot be accessed due to technical or other problems outside the sphere of control of ParkTAG GmbH, e.g. vis maior, fault of third parties.

  8. Limitation of Liability
    • The liability of ParkTAG GmbH shall be unlimited for loss or damage
      • caused intentionally or by gross negligence by ParkTAG GmbH, its legal representatives or executive employees or caused intentionally by ParkTAG GmbH's other vicarious agents;
      • from acts causing death, bodily injury or illness, or from the assumption of a guarantee or a procurement risk, or under the German Product Liability Act (Produkthaftungsgesetz).
    • The liability of ParkTAG GmbH shall be limited to loss or damage that is reasonably foreseeable in connection with an individual contract for
      • gross negligence of ParkTAG GmbH's other vicarious agents;
      • slight negligence of ParkTAG GmbH, its legal representatives or executive employees or other vicarious agents in case the loss or damage results from a breach of a material contractual obligation (Kardinalpflicht).
    • Subject to sections 8-a and 8-b above, any other liability of ParkTAG GmbH is excluded.
  9. Indemnity

    The User agrees to defend, indemnify and hold harmless ParkTAG GmbH, its affiliates and their respective directors, officers, employees, agents and successors against all claims, suits, costs, damages and expenses (including, without limitation, reasonable attorneys' fees) made against ParkTAG GmbH by other Users or third parties arising out of or accruing from User´s use of ParkTAG-App, including downloading, installation or use of ParkTAG-App, posting of User Content or violation of these Terms of Use. For the case of a claim by a third party, the User shall be obliged to place at ParkTAG GmbH's disposal immediately, truthfully and completely all information that is necessary for the evaluation of the claim and for the defence.

  10. User Content
    • ParkTAG GmbH has no influence on and assumes no responsibility for the correctness or lawfulness of User Content. ParkTAG GmbH does not carry out controls before uploading or publishing of User Content by Users.
    • The User undertakes to comply with all applicable laws and regulations when creating, uploading or publishing User Content and to formulate User Content in an appropriate and reasonable manner. The User is liable for correctness and lawfulness of User Content. In particular, User Content is prohibited if it jeopardises young people, harms reputation or business of others, is politically radical, racist, pornographic or violent.
    • By uploading or publishing User Content within ParkTAG-App the User grants ParkTAG GmbH the following global and non-exclusive rights free of charge:
      • right to make the User Content accessible to the public;
      • right to reproduce the User Content;
      • right to edit the User Content in accordance with the technical requirements of ParkTAG-App.
    • The User is entitled to request deletion of the User Content. Upon deletion of the User Content the rights granted by the User as set out in section 10.3 above shall cease.
    • ParkTAG GmbH reserves the right to decide whether User Content complies with the requirements set out in this Terms of Use. This does not constitute an obligation for ParkTAG GmbH to proactively screen or examine User Content. ParkTAG GmbH shall be entitled any time to remove without prior notification any User Content that it considers violating the requirements set out in this Terms of Use.
  11. Termination
    • The Agreement for Use is concluded for an indefinite period of time and shall remain effective until terminated by either the User or ParkTAG GmbH.
    • Users may terminate the Agreement for Use at any time by permanently removing and/or deleting ParkTAG-App from their mobile device.
    • ParkTAG GmbH is entitled to terminate the Agreement for Use without notice if the User fails to comply with any of his or her obligations set out in section 6 above or with any applicable legal provision. In such event, the User must immediately remove and/or delete ParkTAG-App form his or her mobile device and destroy any copies of ParkTAG-App in his or her possession or control.
    • ParkTAG GmbH is also entitled to terminate the Agreement for Use without notice, if (i) ParkTAG-App or any of the Services are not made available anymore in the country where the User has his or her residence; (ii) ParkTAG GmbH is obliged to do so by law; (iii) ParkTAG GmbH stops operating ParkTAG-App.
  12. Miscellaneous
    Theses Terms of User are exclusively governed by German law. The application of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) is excluded.
    • Applicable law

      Theses Terms of User are exclusively governed by German law. The application of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) is excluded.

    • Jurisdiction

      If the User is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), a legal entity under public law or a separate property under public law, the place of jurisdiction for all disputes arising from or in connection with the Agreement for Use shall be Berlin.

    • Amendments to the Agreement for Use

      ParkTAG GmbH reserves the right to amend and adapt these Terms of Use with effect for the future. Users will be notified of amendments of the Terms of Use through notification in ParkTAG-App. The amendment qualifies as approved by the User if he or she did not contradict it within 14 days of the notification. The updated version of the Terms of Use as amended from time to time is available at http://www.parktag.mobi/legal

    • Contact

      If you have any questions or need support in connection with ParkTAG-App please contact us at support@parktag.mobi

    • Non-Waiver

      The failure of ParkTAG GmbH to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision.

    • Severability

      If individual provisions of these Terms of Use are or become invalid, this will not affect the remaining provisions of the Terms of Use. The invalid provision will be replaced with a provision which comes as close as possible to the commercial purpose of the invalid provision. The abovementioned provision will apply correspondingly in the case of omissions in these provisions.