Parkeye Terms of Service

Agreement to these Terms

These Terms of Service ('Terms') are a binding agreement between you and Parkeye, LLC ('Parkeye', 'we', 'us'), governing your access to and use of the Parkeye mobile application, website, and related services (together, the 'Service').

By downloading, accessing, or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

Key points

This is a plain-language summary and is not a substitute for the full Terms. The full Terms below control.

• Do not use the Service while driving. Enter destinations and interact with the app only when stopped safely and legally, or have a passenger do it. Obey all traffic laws, road signs, and signals; they always take priority over the app.
• Parking and occupancy information may be wrong. It is crowdsourced and/or algorithmically predicted, and it may be inaccurate, incomplete, or out of date. It is an aid, not a guarantee. You are responsible for reading actual signs, permit rules, and gate arms, and for any tickets, tows, or fees.
• The Service uses your location, including background location if you opt in, and cannot function without it.
• You must be at least 13 years old to use the Service. If you are under 18, you may use it only with a parent or guardian's consent.
• The Service is provided as-is. Features may change, and availability may be interrupted.
• Disputes are resolved by individual arbitration, with a class-action waiver and a 30-day opt-out.

1. Acceptance of the Terms

By creating an account or otherwise using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and the Privacy Policy. If you use the Service on behalf of an organization, you represent that you are authorized to bind it.

2. Changes to the Terms

We may update these Terms from time to time. If we make material changes, we will provide notice (for example, in the app or by email) at least 14 days before they take effect, except that changes required for legal reasons or that apply to new features may take effect immediately.

Your continued use of the Service after changes become effective means you accept the revised Terms. If you do not agree, stop using the Service.

3. Eligibility and minimum age

You must be at least 13 years old to use the Service. If you are under 18, you may use the Service only with the consent and supervision of a parent or legal guardian who agrees to these Terms on your behalf.

The Service is not directed to children under 13, and children under 13 may not use it. If we learn that we have collected personal information from a child under 13, we will delete it. You represent that you meet the age requirement and that your use complies with all laws that apply to you.

4. The Service; no affiliation; no guarantee of parking

Parkeye provides estimated parking availability, occupancy predictions, in-app navigation, community discussion features, and notifications, focused on university-area parking. The Service is an informational aid only.

No affiliation. Parkeye is an independent product. It is not affiliated with, endorsed by, sponsored by, or officially connected to George Mason University or any other university. 'George Mason University', 'Mason', and related marks are the property of their respective owners and are used only to identify locations and lots. You must comply with the parking rules, permits, and policies of any property or institution regardless of what the Service shows.

No guarantee of a space. Parkeye does not own, operate, control, reserve, or guarantee any parking space, lot, or permit. Availability shown in the Service does not reserve a space or guarantee one will be available when you arrive.

5. Accounts and security

To use certain features you must create an account using a supported third-party sign-in (Sign in with Google or Sign in with Apple). You agree to provide accurate information, keep your credentials confidential, and remain responsible for all activity under your account.

Notify us promptly at [email protected] of any unauthorized use. We may refuse, suspend, or terminate accounts as described in Section 20.

6. Driving safety and assumption of risk

PLEASE READ THIS SECTION CAREFULLY.

DO NOT OPERATE, VIEW, OR INTERACT WITH THE SERVICE WHILE DRIVING OR OTHERWISE OPERATING A VEHICLE. Set your destination and review information only when your vehicle is safely and lawfully stopped and parked, or have a passenger operate the app. Do not submit reports, read the community feed, or manipulate the app while the vehicle is in motion.

Traffic conditions and the law always prevail over the Service. Road signs, signals, markings, posted parking and permit rules, law-enforcement instructions, and actual road and lot conditions take priority over any route, direction, or information the Service provides. Navigation and audio guidance are aids only and may be inaccurate, delayed, or unavailable.

You assume full responsibility and risk. You are solely responsible for operating your vehicle safely, obeying all traffic and parking laws, and exercising your own independent judgment at all times. You use the Service, including its navigation and voice-guidance features, entirely at your own risk. To the fullest extent permitted by law, Parkeye is not liable for any accident, injury, death, property damage, citation, or other loss arising from your use of, or reliance on, the Service while traveling or driving.

7. Accuracy of parking, occupancy, and navigation information

Parking availability, lot occupancy, wait times, and related information are crowdsourced from other users and/or generated by predictive and statistical models, and some values may be estimated or synthesized. This information is inherently uncertain and may be inaccurate, incomplete, outdated, or wrong. Predictions and occupancy indicators are estimates, not guarantees, and do not reflect real-time conditions at every location.

You are responsible for verifying actual on-site conditions, including posted signs, curb markings, permit and time restrictions, meters, gate arms, and any temporary or event-specific rules, before parking. You remain solely responsible for all parking fees, permits, citations, fines, booting, and towing. To the fullest extent permitted by law, Parkeye is not liable for any parking ticket, citation, tow, boot, fine, fee, missed space, or other loss resulting from inaccurate information or your reliance on the Service. Using the Service does not excuse you from paying required parking or permit fees.

8. Location data and background location

The Service requires access to your device's location, including precise GPS location. Certain features (showing your position, ranking nearby lots, navigation, and, if you opt in, contributing anonymized park and depart events to improve availability data for all users) cannot function without location access. If you enable it, the Service may use background ('Always') location and device motion to detect when you enter or leave lots, even when the app is closed.

By using these features you consent to our collection and use of location and motion data as described in the Privacy Policy. You can change or revoke location permissions at any time in your device settings, though doing so will limit or disable certain features. Where the Service transmits crowd-sourced availability contributions, it is designed to send event data (such as lot and timestamp) without transmitting your raw coordinates; see the Privacy Policy for details.

9. Notifications

With your permission, the Service may send push notifications and in-app messages, such as parking-rule updates, favorite-lot alerts, permit-expiry reminders, community activity, and service announcements. You can disable notifications in your device or in-app settings. Some messages relating to your account or these Terms may be necessary to the Service.

10. User content and license

The Service lets you submit content such as posts, replies, tips, reports, ratings, feedback, votes, and profile information ('User Content'). You retain ownership of your User Content.

By submitting User Content, you grant Parkeye a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify (for formatting and display), publish, publicly display, and distribute that User Content in connection with operating, providing, improving, and promoting the Service. For crowd-sourced availability and community content, this license also allows us to display your contributions to other users of the Service. This license ends when you delete your User Content, except that (a) content already shared with others may persist where they retained it, and (b) we may retain backup or residual copies for a reasonable period.

You represent and warrant that you own or have the necessary rights to your User Content and that it does not violate these Terms or any law or third-party right.

11. Acceptable use

You agree not to do any of the following. We may investigate and take appropriate action for any violation, including removing content and suspending or terminating accounts.

• Submit content that is illegal, infringing, defamatory, harassing, threatening, obscene, hateful, or that violates others' privacy or rights.
• Submit false, misleading, or manipulative parking reports or availability data, or otherwise game, spam, or manipulate the Service or its crowd-sourcing or ranking systems.
• Impersonate any person or misrepresent your affiliation.
• Collect or harvest data about other users, or scrape, crawl, or index the Service without permission.
• Reverse engineer, decompile, interfere with, overload, or attempt to gain unauthorized access to the Service or its systems.
• Use the Service to solicit or endanger minors, or for any unlawful purpose.

12. Moderation, reporting, and copyright

Moderation. We may, but are not obligated to, monitor, screen, edit, or remove User Content, and we may remove content or restrict access at our discretion, with or without notice. We are not responsible for User Content submitted by others.

Reporting. If you believe content violates these Terms, you can report it through the in-app reporting feature (where available) or by contacting [email protected].

Copyright and DMCA. If you believe content on the Service infringes your copyright, send a notice with the information required by 17 U.S.C. section 512(c)(3) to [email protected]. We may remove infringing content and terminate repeat infringers.

13. Feedback

If you send us suggestions, ideas, or feedback about the Service, you agree that we may use them for any purpose without restriction, obligation, or compensation to you, and you grant us all rights necessary to do so.

14. Intellectual property

The Service, including its software, design, text, graphics, and trademarks (other than User Content and third-party marks), is owned by Parkeye or its licensors and is protected by intellectual-property laws. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for your own non-commercial use. All rights not expressly granted are reserved. You may not copy, modify, distribute, sell, or create derivative works from the Service except as allowed by these Terms.

15. Service availability and changes

We are continually improving the Service. You acknowledge that:

• The Service is provided on an 'AS IS' and 'AS AVAILABLE' basis, may contain bugs, errors, and inaccuracies, may be unstable, interrupted, or discontinued, and features may be added, changed, or removed at any time without notice.
• Coverage is currently limited to George Mason University's Fairfax campus. Lots, permit types, and availability data outside that area are not supported.
• Parkeye collects crash logs, diagnostics, and usage data to identify problems and improve the Service, as described in the Privacy Policy.

16. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED 'AS IS' AND 'AS AVAILABLE', WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. PARKEYE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES REGARDING ACCURACY, RELIABILITY, AVAILABILITY, OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. NO ADVICE OR INFORMATION OBTAINED FROM THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME MAY NOT APPLY TO YOU.

17. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PARKEYE AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR PARKING-RELATED COSTS (INCLUDING TICKETS, TOWS, FINES, OR FEES), ARISING FROM OR RELATED TO THE SERVICE, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY.

PARKEYE'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) US $100. THESE LIMITATIONS APPLY NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME MAY NOT APPLY TO YOU.

18. Indemnification

You agree to indemnify and hold harmless Parkeye and its officers, members, and employees from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your User Content, your violation of these Terms, or your violation of any law or third-party right.

19. Apple-enabled software (App Store and TestFlight)

This Section applies to the Service obtained from Apple's App Store or TestFlight. You acknowledge and agree that:

• These Terms are between you and Parkeye only, not Apple, and Parkeye, not Apple, is solely responsible for the Service and its content.
• Apple grants you a license to use the Service only on Apple-branded devices you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
• Apple has no obligation to provide maintenance or support for the Service.
• If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation for the Service, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a warranty failure are Parkeye's responsibility.
• Parkeye, not Apple, is responsible for addressing any claims by you or a third party relating to the Service, including product-liability claims, claims that the Service fails to conform to legal or regulatory requirements, and claims under consumer-protection or similar laws.
• Parkeye, not Apple, is responsible for investigating and resolving any third-party claim that the Service or your use of it infringes intellectual-property rights.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated a 'terrorist-supporting' country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• You may contact Parkeye with questions, complaints, or claims at [email protected].
• You must comply with applicable third-party terms (for example, your wireless carrier's terms) when using the Service.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce these Terms against you as a third-party beneficiary.

20. Term and termination

These Terms apply while you use the Service. You may stop using the Service and delete your account at any time. We may suspend or terminate your access, with or without notice, if you violate these Terms, if we suspect fraud or misuse, for legal or security reasons, or if we discontinue the Service.

Sections that by their nature should survive termination (including Sections 7, 10, 13, 14, 16 through 19, 21 through 23, and 26) will survive.

21. Dispute resolution: arbitration and class-action waiver

PLEASE READ. THIS AFFECTS YOUR LEGAL RIGHTS.

Informal resolution first. Before starting arbitration, you agree to contact us at [email protected] and give us 60 days to resolve the dispute informally.

Binding arbitration. Except for the carve-outs below, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitration will be held in Fairfax County, Virginia, or by video or phone, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

Class-action and jury waiver. You and Parkeye agree that each may bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding, and that each waives any right to a jury trial.

Carve-outs. Either party may bring a claim in small-claims court, and either party may seek injunctive relief in court for intellectual-property or unauthorized-access claims.

30-day opt-out. You may opt out of this Section 21 by sending written notice to [email protected] within 30 days of first accepting these Terms; opting out will not affect the other provisions.

22. Governing law and venue

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws rules. Subject to Section 21, the state and federal courts located in Fairfax County, Virginia will have exclusive jurisdiction over any dispute not subject to arbitration, and you consent to their jurisdiction and venue.

23. Time limit on claims

Any claim arising out of or relating to the Service or these Terms must be filed within one (1) year after the claim arose; otherwise it is permanently barred, to the extent permitted by law.

24. Third-party services and links

The Service relies on and links to third-party services (for example, mapping, routing, authentication, and hosting providers). We do not control and are not responsible for third-party services, content, or terms. Your use of them is governed by their terms and policies.

25. Notices

We may provide notices to you through the app, by email to the address on your account, or by posting on our website. You may send notices to us at [email protected].

26. Miscellaneous

These Terms and the Privacy Policy are the entire agreement between you and Parkeye regarding the Service and supersede prior agreements. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Nothing in these Terms creates a partnership, agency, or employment relationship.

27. Contact

Parkeye, LLC

Email: [email protected]