The terms that are quoted and defined in this section will have the meanings provided whenever they are used as capitalized words in these Terms of Service, whether in the singular or plural form.

Active User

is an employee or visitor who has a registered Parkmo Account and is permitted by the company to reserve Booking Subjects.

App

means the mobile application of Parkmo.

Booking

refers to the process of reserving a Booking Subject by a Client or visitor.

Client

is a Company or Employee who uses the Parkmo Service.

Client Content

refers to text, photos, audio, video, booking confirmations, acceptances to formal or informal meetings, messages, or other materials and information that a client creates, uploads, posts, sends, receives, or stores on or through the Parkmo Service.

Collective Content

refers to both client content and Parkmo Content combined.

Company

is a legal entity that integrates the Parkmo Service into its work environment.

Parkmo Account

is a account that allows access to the Parkmo Service.

Parkmo Content

refers to proprietary Parkmo content and any content that has been licensed or authorized for use by or through Parkmo from a third party.

Parkmo Service

refers to the entire website, mobile application, and service offered within them.

Parkmo API

application programming interfaces (APIs), browser or other application plugins, and related documentation and materials (which may include sample code) can be used by a company to program extensions to the Parkmo Platform.

Employee

is a person who works for or is contracted by the Company or its subsidiaries and uses the Parkmo Service.

License Fee

is the monthly fee that the Company must pay for each active Parkmo Account, or as specified in the pricing for an agreed enterprise solution.

Maintenance

refers to bug fixing, updates, and other modifications to the Parkmo Service that are carried out by Parkmo to correct faults.

Office Hours

are the times that employees spend at the company or working from home.

Posting

is any Client Content that is visible to other Clients or visitors.

SaaS Agreement

is the overarching agreement that governs the contractual relationship between the Company and Parkmo in cases where the Company opts for the Enterprise service package.

Service

refers to the services provided by Parkmo on the Parkmo Service in accordance with the Terms of Service.

Service Package

is a bundle of services offered by Parkmo on the Parkmo Service.

Service Period

refers to normal business hours from Monday to Friday between 9:00 am and 6:00 pm Central European Time, excluding German holidays.

Site

https://parkmo.io

Support

refers to the technical support provided by Parkmo in relation to the Parkmo Service.

Terms of Service

are the present terms governing the use of the Parkmo booking service, which may be amended from time to time.

Third-Party Services

are third-party websites or resources.

Visitor

is an external person who is not employed by or contracted to the Company or its subsidiaries and uses the Parkmo Service to visit the client's Booking Subject.

Booking Subject

is a parking spot, desk, office, meeting room, or other resource that can be shared and reserved among Employees.

Because of the nature of the internet, Parkmo cannot guarantee the continuous and uninterrupted availability and accessibility of the Parkmo Service. To address capacity limits, maintain the security and integrity of servers, or perform necessary maintenance, Parkmo may restrict the availability of the service or certain areas or features. Parkmo may also improve, enhance, modify the service, and introduce new services from time to time.

During the service period, Parkmo provides regular maintenance and support. If the Client becomes aware of any disruptions to system availability, they must report it to Parkmo without delay. If the client reports disruptions to system availability that result in a total failure of the service during the service period, Parkmo will ensure a response time of four hours from the beginning of the disruption. For minor errors that do not cause a total failure of the software and occur during ongoing operation, Parkmo will respond within one working day of receiving the error message. Additional support standards may be agreed upon by the client and Parkmo through individual service-level agreements, but these are not part of the Terms of service.

Parkmo will make every effort to schedule maintenance work for the service in a way that does not reduce the agreed-upon availability of the services, such as by providing sufficient backup capacity in its data centers.

To use the Parkmo Service or create a Parkmo Account, you must be an individual connected to the company that is using the Parkmo Service (such as an employee, visitor, or student), or a legally recognized business, organization, or other legal entity that is in good standing according to the laws of the country where it is based and can enter into legally binding contracts.

Parkmo may restrict access to or use the Parkmo Service or certain parts or features based on certain conditions or requirements. These include completing a verification process or meeting specific quality or eligibility standards.

To access certain areas or features of the Parkmo Service, you may need to comply with separate policies, standards, or guidelines or accept additional terms and conditions. In cases where there is a conflict between these Terms of Service and the terms and conditions that apply to a specific area or feature of the platform, the latter terms and conditions will take precedence unless otherwise stated.

As a Client, you can register for a Parkmo Account by using an email address and creating a password or by using your existing company credentials if this feature is enabled by the company (SSO). You have the ability to disconnect your Parkmo Account from your current company credentials at any time.

Suppose you are registering a Parkmo account for a Company. In that case, you must have the authority to legally bind the company and grant Parkmo all the permissions and licenses outlined in Terms of Service. The Company is responsible for ensuring that all its members (e.g., employees, contractors, and other service providers) comply with the Terms of Service.

The Clients are not allowed to register more than one Parkmo Account unless given permission by Parkmo. They also may not transfer their Parkmo account to another party.

The Client is responsible for keeping their Parkmo account login information confidential and entirely responsible for all activities under their account. They must immediately notify Parkmo if they suspect unauthorized account use or any other security breach. Parkmo authorizes no third party to ask for the Client's login credentials, and the Client must not request the login credentials of different Clients. Parkmo cannot be held responsible for any loss or damage resulting from the Client's failure to follow these requirements.

The Client can delete their Parkmo account anytime by following the instructions provided on the site or within the App. Parkmo may also terminate or suspend the Client's account according to the "Termination and Suspension" provisions.

The company agrees to pay a fee for the service based on certain factors displayed during the onboarding process. The company has the option to pay this fee on a monthly or yearly basis. The company will pay the price in advance for the entire contract period if it chooses annual billing. If they choose monthly billing, they will pay the fee in advance for each month of the contract period.

User licenses are purchased in packages, which are described at https://parkmo.io/pricing.

Suppose the cost of the service changes due to changes in the Service Parameters (such as more features or Active Users). In that case, Parkmo will bill the difference between the advance payment already made and the higher price on a pro-rata basis until the end of the contract year. Suppose the price category of the version decreases due to changes in the Service Parameters (such as fewer features or Active Users) during the billing period. In that case, the Company is not entitled to a pro-rata refund of the advance payment already made.

The provisions of these Terms of Service also apply to the separate SaaS-Agreement for companies that choose the "Enterprise" service package, unless the parties agree otherwise.

Parkmo allows Clients to create their own content, such as text, photos, audio, video, booking confirmations, acceptances to formal or informal meetings, and messages or other materials and information. Additionally, Clients can view other clients' content and any content that Parkmo provides on or through the Parkmo service, including proprietary Parkmo content and content licensed or authorized for use by or through Parkmo from a third party.

The Parkmo Service and the Collective Content, which includes user-generated content, may be protected by intellectual property laws such as copyright and trademark. The Client acknowledges and agrees that the Parkmo Service and Parkmo Content, including all related intellectual property rights, are the exclusive property of Parkmo and/or its licensors or authorized third parties. They may be the property of their respective owners. The Client must not alter, obscure, or remove any proprietary rights notices associated with the Parkmo Service or Collective Content. Any trademarks, service marks, logos, trade names, and other proprietary designations used on or in connection with the Parkmo Service and/or Collective Content are for identification purposes only.

The Client is not allowed to use, copy, modify, create derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Parkmo Service or any Collective Content, except in cases where the Client owns such content or if expressly permitted in these terms of service. No additional licenses or rights are given to the Client under any intellectual property rights owned or controlled by Parkmo or its licensors, except for the licenses and rights explicitly granted in these Terms of Service.

The Client is responsible for all content that they make available on or through the Parkmo Service and ensures that it does not infringe on any third party's intellectual property rights, or violate any laws or regulations. The Client also warrants that they have the necessary rights, licenses, consents, and releases to make the content available to other clients as allowed under the terms of service.

Parkmo reserves the right to remove or disable access to any Client Content that it determines to be in violation of these Terms of Service or Parkmo's current policies, or that may be harmful or objectionable to Parkmo, its clients, third parties, or property, without prior notice.

The name 'Parkmo', the Parkmo logo, and all related names, logos, product and service names, designs, and slogans are trademarks owned by Parkmo. The Client is not allowed to use these marks without obtaining prior written permission from Parkmo.

Please note that if a written notification includes false information or is made in bad faith, the complaining party may be held responsible for damages, costs, and legal fees incurred by Parkmo in relation to the notification and claim of copyright infringement.

The client agrees that Parkmo may, at its discretion, monitor or review their use of the service, as well as any client content, to operate and improve the service, preventing fraud and risk assessment, investigating violations of the terms of service, complying with legal requirements, addressing harmful or objectionable content, or for other reasons specified in terms of service. The client also agrees to assist and cooperate with Parkmo in investigating their use of the service.

Suppose the Client believes that another Client is misbehaving, including engaging in offensive, violent, or sexually inappropriate behaviour, stealing from them, or engaging in disturbing conduct. In that case, the Client should immediately report the behaviour to the appropriate authorities and then to Parkmo. The Client understands that any report they make does not require Parkmo to take any specific action (beyond what is required by law).

Upon the termination of the Client's Parkmo account, their access to and use of the Parkmo service will end immediately.

If a company decides to delete its Parkmo account, any other Parkmo accounts that are linked to it will also be deactivated.

If the Client cancels their Parkmo Account, they will not be able to regain access to it or any content that they had previously uploaded to the service.

If Parkmo takes any of the aforementioned actions, the Company will not be entitled to reimbursement for any previously paid fees for the use of the service.

If the Client's access to or use of the Parkmo Service has been restricted or their Parkmo Account has been suspended or terminated by Parkmo, they are not allowed to create a new Parkmo Account or access and use the Parkmo Service through the account of another Client.

The Terms of Service are only intended to apply to the Client and Parkmo, and do not provide any rights or remedies to any third party.

If any part of these Terms of Service is invalid or unenforceable, the remaining provisions will remain in full force and effect. If this happens, the invalid or unenforceable provision will be replaced with a valid and enforceable one that is as close as possible to the original provision regarding its economic impact and meaning. If a gap in the agreement becomes apparent, the same process will be followed.

If we do not enforce or exercise any of the rights or provisions listed in the Terms of Service, it does not mean that we have waived those rights or provisions.

The Client acknowledges that they are not permitted to assign, transfer, or delegate this agreement or their rights and obligations under it without prior written consent from Parkmo. However, Parkmo has the right to assign, transfer, or delegate this agreement and any rights and obligations under it at its own discretion. The Client's ability to terminate their Parkmo account at any time remains unchanged.

Unless otherwise specified, any notifications or other communication between Parkmo and its users that are permitted or required by these terms of service will be provided electronically, such as through email, service notifications, or messaging services (including SMS). The date of receipt will be considered the date on which Parkmo transmitted the notice.