Terms & Conditions

Our Terms and Conditions were last updated on 11.6.23. Please read these terms and conditions carefully before using our Service.

Table of Contents

Interpretation

In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.

Changes to the Agreement

We reserve the right to change any of the Terms and Conditions displayed on the Administrator Dashboard (“Web”) or Commuter Platform (“Mobile”), including our Privacy Policy, at any time by notifying You through this Website that we have done so. By continuing to use this Website it shall be deemed that You agree to be bound by the amended terms and conditions as notified and posted on Web or Mobile.

User Guidelines and Acceptable Uses

As a condition of your use of the websites and Online services, You will not use the Web, Mobile or Online services for any purpose that is unlawful or prohibited by these Terms. You may not attempt to gain unauthorized access to Web, Mobile, or Online services, other accounts, computer systems, or networks connected by any Parking Pin server or to any of the Mobile, Web, or Online Services through hacking, password mining, or any other means.

Intellectual Property Disclosure

The content on the Website and the trademarks, service marks, and logos on the website are owned by or licensed to the Company or its affiliates. They are subject to copyright, trademark, and other intellectual property rights under United States, Canada, and foreign laws and international conventions, Company content, includes, without limitation, all source code, databases, headers, button icons, scripts, and service names and registered trademarks, common law trademarks or trade dress of Company in the United States and/or other countries.

Dispute Resolutions Clause

Any controversy, dispute, or claim of any nature arising out of, in connection with, or about the interpretation, performance, enforcement, or breach of this Contract (and any closing document executed in connection herewith), including any claim based on contract, tort or statute, shall be resolved at the written request of any party to this Contract by binding arbitration. The arbitration shall be administered by the then-current Commercial Arbitration Rules of the American Arbitration Association. Any matter to be settled by arbitration shall be submitted to the American Arbitration Association in the state in which the Property is located. The parties shall attempt to designate one arbitrator from the American Arbitration Association. If they are unable to do so within 30 days after written demand, therefore, the American Arbitration Association shall designate an arbitrator. The arbitration shall be final and binding, and enforceable in any court of competent jurisdiction. The arbitrator shall award attorneys' fees (including those of in-house counsel) and costs to the prevailing party and charge the cost of arbitration to the party that is not the prevailing party.

Governing Laws Clause

This agreement will be interpreted, construed, and enforced in all respects following the laws of the state of North Carolina, without reference to its choice of law principles. Any legal action or proceeding arising under or relating to this agreement shall be brought exclusively in the state or federal courts in North Carolina, USA, and the parties expressly consent to personal jurisdiction and venue in those courts.

Payment Terms and Subscription Information

The fees payable to Parking Pin, Inc. by You for your use of the Software and/or Services (the “Fees”) are outlined in the Order or Orders which incorporate these Terms by reference. You agree to be charged the Fees on the debit or credit card entered by You at the time of completing your Order and such charges will regularly occur on the schedule outlined in the Order, unless a subsequent update is made by You to your Account information. All payments of Fees due hereunder shall be made in U.S. Dollars and must be paid via a valid debit or credit card.

You may cancel an annual subscription (including annual maintenance) within five (5) days of the date of purchase for a full refund. You may cancel a monthly subscription within twenty-four (24) hours of the date of purchase for a full refund. You may cancel a perpetual license within five (5) days of the date of purchase for a full refund. Cancellation requests must be made in writing and sent to clientsupport@parkingpinllc.com or support@parkingpin.io.  

No refunds will be given for cancelation requests received after the above-stated periods.

You may modify an annual subscription (including annual maintenance) during the Renewal Period. Such modifications shall be effective on the Renewal Date and the Fees due for such Renewal Term will be adjusted accordingly.

Privacy Clause

Please see our Privacy Notice for more information.

Site Management or Support Clause

Parking Pin, Inc. may provide You with support services related to the Web and Mobile software (“Customer Support”). Any supplemental software code provided to You as part of the Customer Support shall be considered part of the Web and or Mobile platforms and subject to the Terms and Conditions laid out here in this document.

Termination and Account Deletion Clause

On the expiry of the Term, the Account User instructs Parking Pin, Inc. to delete all Data (including existing copies) from Parking Pin’s systems by applicable law. Parking Pin will, after a recovery period of up to 30 days following such expiry, comply with this instruction as soon as reasonably practicable and within a maximum period of 180 days, unless US or US Member State law requires storage. Without prejudice to Section 9.1 (Access; Rectification; Restricted Processing; Portability), the Account user acknowledges and agrees that Partner will be responsible for exporting before the Term expires, any Partner Data it wishes to retain afterward.

User Registration Clause

You may be required to register with the Web or Mobile platform. You agree to keep your password confidential and will be responsible for all use of your account and password. Use of the account is limited to one person per registration. For additional licenses contact info@parkingpinllc.com.

Force Majeure

FORCE MAJEURE Periscope is not responsible nor liable for any delays or failures in performance from any cause beyond its control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, weather conditions or acts of hackers, internet service providers or any other third party or acts or omissions of Customer or any Authorized User. 

Limitation of Liability or No Responsibility Clause

Unless otherwise explicitly enumerated in the contract or the purchase order, neither Parking Pin, Inc. nor the Account User shall be liable for special, indirect, punitive, or consequential damages, including lost data or records (unless the contract or purchase order requires Parking Pin, Inc. to back-up data or records). Neither Parking Pin, Inc. nor the Account User shall be liable for lost profits, lost revenue, or lost institutional operating savings. 

Contact Information

For any additional information regarding our company's Terms and Conditions for the Web or Mobile platform please contact info@parkingpinllc.com.

End User License Agreement

PLEASE READ THIS END-USER LICENSE AGREEMENT CAREFULLY. This End User License Agreement (“EULA”) governs your use of the Commuter Platform ("Mobile"), Administrator Dashboard ("Web") and their associated upgrades, patches, and updates, and related services (the “Product”) currently provided or which will be provided by Parking Pin, Inc., or any one of its subsidiaries or affiliated companies.

This EULA sets out the basis on which Parking Pin, Inc makes the Products available to you (“User” or ”You”) and on which You may use them. Parking Pin’s Privacy Policy forms an inte gral part of this EULA. By installing or using the Product, You agree to accept and to be bound by (1) this EULA and (2) the Privacy Policy at all times. If You do not agree with one of these, please do not install or use the Product.

1. Grant of License

1.1 

Parking Pin (or its licensors) grants You a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use the Product (in whole or in part) and any Product (the “License”), for such time until either You or Parking Pin terminates this EULA. You must in no event use, nor allow others to use, the Product or this License for commercial purposes without obtaining a license to do so from Parking Pin. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Product on certain hardware. THIS PRODUCT IS LICENSED TO YOU, NOT SOLD.

1.2

You shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivative works of this Product (except if the Product enable You through a specific feature to create, generate or submit User Generated Content and for which You will need to create an Account and comply Terms of Use), in whole or in part; (iii) create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for this Product (whether in an online multiplayer game or in a single player game over the internet or in local area network); (iv) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product and (v) export or re-export this Product or any copy of adaptation in violation of any applicable laws or regulations.

1.3 

While using the Product, You agree to comply with all applicable laws, rules, and regulations. You also agree to comply with certain rules of conduct that govern Your use of the Product (“Rules of Conduct”), which are not meant to be exhaustive and can be modified at any time by Parking Pin. In all cases, You may only use the Product according to the anticipated use of the Product.

For example purposes, and without limiting Parking Pin’s rights to take action against You, You may not:

a. create, use, share, and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would breach a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);

b. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Product, or their accessibility to other users, or the functioning of the partner networks of the Product, or attempt to do any of the above;

c. transmit or propagate any virus, trojan horse, worm, bomb, corrupted file, and/or similar destructive device or corrupted data in relation to the Product, and/or organize, participate in, or be involved in any way in an attack on Parking Pin’s servers and/or the Product and/or those of its service providers and partners;

d. create, supply, or use alternative methods of using the Products, for example, server emulators;

e. spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;

f. transmitting or communicating any material or content which, in the sole and exclusive discretion of Parking Pin, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;

g. harassing or threatening any other users of the Product;

h. make inappropriate use of the help service or the claim buttons or send untruthful reports to members of Parking Pin’s personnel;

i. falsely claim to be an employee or representative of Parking Pin or its partners and/or agents;

j. falsely claim an endorsement in connection with the Product or with Parking Pin.

2. Ownership

All title, ownership rights, and intellectual property rights in and to the Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, slogans, diagrams, map visualizations, domain names, and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by Parking Pin or its licensors. The Product is protected by national and international laws, copyright treaties and conventions, and other laws. This Product may contain certain licensed materials and, in that event, Parking Pin’s licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without Parking Pin’s prior permission and, if applicable, Parking Pin’s licensors and representatives. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by Parking Pin.

This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.

3. Access to the Product

3.1

AN INTERNET CONNECTION, A Parking Pin ACCOUNT, AND INSTALLATION OF THE Parking Pin CONNECT CLIENT SOFTWARE (parkingpin.io) AND REGISTRATION WITH ENCLOSED SINGLE-USE SERIAL CODE MAY BE REQUIRED TO ACCESS ONLINE SERVICES AND FEATURES OF THIS PRODUCT. RESTRICTIONS ON AGE MAY BE IMPOSED TO ACCESS ONLINE SERVICES AND FEATURES IN COMPLIANCE WITH LOCAL LAWS.

3.2

If You are using the Product on a Compatible Mobile Terminal, Section 3.2 is applicable to You and to Your use of the Product:

For this EULA, “Compatible Mobile Terminal” designates any portable device capable of connecting to the Internet to access the Products. The term Compatible Mobile Terminals covers in particular feature phones, smartphones, tablet computers, and personal digital assistants (PDAs).

a. Product Access. To use the Product on a Compatible Mobile Terminal, You must have access to an electronic communication network. The connection costs (including but not limited to mobile providers’ and/or carriers’ costs), shall be exclusively borne by You. You acknowledge that the quality of the Products, the response time or access to certain features may depend on the capacities of Your Compatible Mobile Terminal and of the electronic communication network. Parking Pin may in no case be held responsible for reduced user comfort. You acknowledge that the Product may not be available for use on all mobile devices or through all carriers or network service providers.

b. Collection of personal data: In order to provide You with a better game experience, adapted services, and Product support, Parking Pin may collect and store data about You in relation to Your use of the Product, Your connection information and/or Your Compatible Mobile Terminal. Certain data is recorded, archived, analyzed, and used to create user statistics. Your privacy is very important to Parking Pin and Parking Pin will not reveal Your personal data to third parties except when expressly authorized by You to do so or in special circumstances for operation purposes. Parking Pin may be under a duty to disclose or share Your personal data in order to comply with a legal obligation, or in order to protect Parking Pins rights and those of other users and third parties. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. In addition, Parking Pin reserves the right to collect, store and use anonymous data about You. For further information concerning Parking Pin’s use of Your personal data, please refer to the Privacy Policy.

4. Consent to Monitor

When You are using the Product, the Product may monitor Your hardware random access memory (RAM) for unauthorized third-party programs prohibited by Section 1 that interact with the Product. In the event that the Product detects such an unauthorized third-party program, information may be communicated back to Parking Pin, including the name of your Account, your internet protocol (IP) address, details about the unauthorized third-party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specifications and performance characteristics of Your hardware, with or without additional notice to You. If the Product detects the use of an unauthorized third-party program, this License and Your access to the Product may be terminated with or without additional notice to You.

5. Indemnity

You are solely responsible for any damage caused to Parking Pin, its licensors, channel partners and associated service providers and subcontractors, other users of the product, or any other individual or legal entity as a result of Your violation of this EULA.

YOU HEREBY AGREE TO DEFEND, INDEMNIFY, AND KEEP INDEMNIFIED Parking Pin AND ITS AFFILIATES, THEIR LICENSORS, CHANNEL PARTNERS, AND ASSOCIATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR USE OR MISUSE OF THE PRODUCT. Parking Pin reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which You agreed to indemnify Parking Pin. The provisions of this Section 7 shall remain in force after the termination of this EULA.

6. Termination

The EULA is effective from the earlier of the date You purchase, download, or use the Product until terminated according to its terms. You and Parking Pin (or its licensors) may terminate this EULA, at any time, for any reason. Termination by Parking Pin will be effective upon (a) notice to You or (b) termination of Your Parking Pin Account (if any) or (c) at the time of Parking Pin’s decision to discontinue offering and/or supporting the Product. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession.

7. Changes to this EULA or to the Product

Parking Pin reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice, or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA” link located on the Product or on ubi.com. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with Section 8 and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.

Parking Pin may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations, and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that Parking Pin may stop to support previous versions of the Product upon the availability of an updated version. Parking Pin’s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Product. Parking Pin also reserves the right to amend the Rules of Conduct set out in Section 1 to place limits on the use of the Product.

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