Terms and Conditions for Operators (Platform Provider Agreement)

Last modified: 2026-09-30

Parkmo UG (haftungsbeschränkt), Solalindenstraße 83, 81827 Munich, Germany, registered in the commercial register of the Munich Local Court (Amtsgericht München) under HRB 255210 (hereinafter “Parkmo”)

— As of: 30 September 2026, Version ppa-de-1.1 —

This translation is provided for convenience only; the German version (AGB für Betreiber) is the only legally binding version and prevails in case of any discrepancy.

§ 1 Scope; Contracting Parties

  1. These General Terms and Conditions (“Terms”) apply to all contracts between Parkmo and entrepreneurs within the meaning of § 14 BGB (German Civil Code) who use the Parkmo platform to manage and offer bookings of parking spaces, rooms and other resources (hereinafter “Operators”). They do not apply to consumers.
  2. Conflicting or deviating terms and conditions of the Operator do not become part of the contract unless Parkmo expressly agrees to their validity in text form.
  3. The processing of personal data is additionally governed by the Data Processing Agreement (DPA) in its currently applicable version.

§ 2 Subject Matter of the Contract

  1. Parkmo provides the Operator with a software-as-a-service platform through which the Operator can manage its own resources (in particular parking spaces, meeting rooms, parking slots) and offer them to end users for booking (“Platform”).
  2. The Operator may optionally activate the Payment Module (§ 5). Without activation of the Payment Module, the scope of services is limited to the booking functions.
  3. Parkmo owes the provision of the Platform, not the Operator’s commercial success. Parkmo does not become a party to the contracts concluded between the Operator and its end users (in particular rental or usage agreements for parking areas or rooms).

§ 3 Conclusion of Contract; Account

  1. The contract is concluded upon completion of the Operator’s registration and acceptance of these Terms. Parkmo may make registration conditional upon verification of the Operator’s status as an entrepreneur.
  2. The Operator warrants that the information provided at registration and during the term of the contract (company name, address, representation, contact details, tax information) is accurate and up to date.
  3. Access credentials must be kept confidential. The Operator ensures that only authorised persons access the Operator account.

§ 4 Parkmo’s Services; Availability

  1. Parkmo provides the Platform with an availability of 99.0% on an annual average at the transfer point (internet interface of the data centre). Excluded from this are periods of announced maintenance and disruptions beyond Parkmo’s sphere of influence (force majeure, failure of telecommunications networks, disruptions at third-party providers including the payment service provider).
  2. Parkmo may further develop the Platform and change functions, provided that the purpose of the contract is not jeopardised for the Operator. Parkmo announces material restrictions of functionality in text form with reasonable notice.

§ 5 Payment Module; Payment Processing by Stripe

  1. Payment service provider. Payments from end users to the Operator are processed exclusively by Stripe. The Operator’s contracting party for the payment services is the Stripe group (for Operators in the EEA, generally Stripe Payments Europe, Limited or, as a licensed payment institution, Stripe Technology Europe Limited, Ireland). Parkmo does not itself provide any payment services, does not accept any funds from end users or the Operator, does not hold any funds and has no power of disposal whatsoever over funds of the Operator or the end users. End-user payments flow directly to the Operator’s Stripe account (“Direct Charges”).
  2. Stripe Connected Account Agreement. Payment services for Operators on Parkmo are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (together the “Stripe Services Agreement”). By accepting these Terms or by continuing to use Parkmo as an Operator with the Payment Module activated, the Operator agrees to be bound by the Stripe Services Agreement, as amended by Stripe from time to time. Use of the Payment Module requires the Operator to accept the Stripe Connected Account Agreement as part of onboarding.
  3. Authorisation (transmission of instructions). The Operator authorises Parkmo to transmit to Stripe, in the Operator’s name and for its account, the instructions and directions required to operate the Payment Module, in particular the creation, confirmation and cancellation of payment transactions (Payment Intents) for bookings and the initiation of refunds that the Operator instructs via the Platform. In doing so, Parkmo acts exclusively as the Operator’s technical messenger or agent, without any decision-making authority or power of disposal of its own over the funds.
  4. Identity verification (KYC). The legally required identification and verification of the Operator (including beneficial owners) is the responsibility of Stripe. The Operator is obliged to provide the information and evidence requested by Stripe completely and truthfully. Stripe may obtain information from credit reference agencies for identity verification; details are set out in Stripe’s privacy policy (stripe.com/privacy). Until the verification is completed, Stripe may withhold payments or payouts; Parkmo has no influence over this.
  5. Fees of the Payment Module. Parkmo charges no transaction-based commission on end-user payments. Stripe’s fees (payment processing fees) are borne by the Operator; they are invoiced by Stripe directly to the Operator or offset against incoming payments. Stripe’s pricing is authoritative.
  6. Available payment methods. Parkmo determines platform-wide the payment methods technically offered in the booking flow; the methods actually displayed depend on the currency, the end user’s location and the status of the Operator’s Stripe account. The Operator has no entitlement to specific payment methods.
  7. Acquirer notice. Information about the acquirers used by Stripe and their contact details is provided to the Operator as part of the Stripe onboarding.

§ 6 Obligations of the Operator

  1. The Operator is solely responsible for: a) the provision of the booked service to the end user (provision of the parking area, the room or the other resource), including performance, warranty and customer service; b) the accuracy of the content of its offers (description, availability, prices, tariffs), including price display; c) refunds and goodwill decisions towards end users and the handling of payment disputes (chargebacks/disputes) in accordance with the Stripe Services Agreement; d) compliance with the statutory obligations applicable to its offer, in particular obligations under trade, tax and pricing law and any consumer-protection information obligations towards its end users; e) the lawfulness of the content and data it uploads to the Platform.
  2. The Operator does not use the Platform for unlawful purposes and does not offer via the Platform any services that violate the Stripe Services Agreement (including the business activities prohibited therein).
  3. The Operator indemnifies Parkmo against third-party claims based on a culpable breach of the obligations under paragraphs 1 and 2, including the reasonable costs of legal defence. Further claims of Parkmo remain unaffected.

§ 7 Fees for the Platform; Invoicing

  1. The fees for the use of the Platform (subscription, usage-based fees) are set out in the price list valid at the time the contract is concluded or the selected plan.
  2. Invoicing takes place in accordance with the agreed payment terms (invoice, SEPA direct debit). End-user transaction payments are separate from this and run exclusively via Stripe (§ 5).

§ 8 Data Protection

  1. Insofar as Parkmo processes personal data on behalf of the Operator, the Data Processing Agreement pursuant to Art. 28 GDPR (available in the Operator settings) applies.
  2. This also applies to the public booking flows: the Operator is the controller of its end users’ personal data; Parkmo processes it exclusively on the Operator’s behalf and in accordance with its instructions (Art. 28 GDPR). The Operator provides its end users with the information required under Art. 13 GDPR and, for this purpose, stores its privacy notice in the booking form. It instructs Parkmo to display an end user’s bookings in that end user’s Parkmo account if the end user creates a Parkmo account with the same verified email address.
  3. The following applies to end users’ payment data: it is transmitted by the end user directly to Stripe and processed by Stripe; Parkmo receives and stores only payment metadata (amount, status, payment method type, receipt email address, references). The Operator instructs Parkmo to transmit to Stripe the data required to operate the Payment Module. Details: privacy policies of Parkmo and of Stripe (stripe.com/privacy).

§ 9 Warranty

Statutory warranty law applies with the following proviso: § 536a(1) BGB (no-fault liability for initial defects) does not apply to the provision of the Platform; liability under § 10 remains unaffected.

§ 10 Liability

  1. Parkmo is liable without limitation for intent and gross negligence, for damage arising from injury to life, body or health, under the provisions of the German Product Liability Act (Produkthaftungsgesetz) and to the extent of any guarantee assumed by Parkmo.
  2. In the event of a slightly negligent breach of an obligation whose fulfilment is essential to the proper performance of the contract and on whose observance the Operator may regularly rely (cardinal obligation), Parkmo’s liability is limited to compensation for the damage typical for the contract and foreseeable at the time the contract was concluded.
  3. Otherwise, Parkmo’s liability for slight negligence is excluded.
  4. Parkmo is not liable for the services, availability and actions of Stripe, in particular not for the execution of payments, payouts, the withholding of funds, account suspensions or the outcome of identity verification by Stripe. Claims arising therefrom are to be asserted against Stripe in accordance with the Stripe Services Agreement. Parkmo’s liability for its own breaches of duty under paragraphs 1 to 3 remains unaffected.
  5. The above limitations of liability also apply in favour of Parkmo’s legal representatives, employees and vicarious agents.

§ 11 Term; Termination; Consequences of Termination

  1. The contract runs for an indefinite period and may be terminated by either party in text form with one month’s notice to the end of a calendar month, unless the selected plan provides for a minimum term.
  2. The right to extraordinary termination for good cause remains unaffected. Good cause for Parkmo exists in particular if the Operator repeatedly violates § 6 or Stripe permanently closes the Operator’s account due to violations of the Stripe Services Agreement.
  3. The Operator may deactivate the Payment Module at any time without otherwise terminating the contract. The Operator’s contractual relationship with Stripe exists independently of this contract; upon termination of the platform contract, the Operator’s Stripe account, including balance and history, remains unaffected by the termination.
  4. After the end of the contract, Parkmo makes the Operator’s data available to it within the return and deletion periods set out in the DPA.

§ 12 Changes to these Terms

  1. Parkmo may propose changes to these Terms to the Operator. Changes are announced to the Operator at least six weeks before their intended effective date in text form or on the Platform and are submitted to the Operator for express acceptance.
  2. If the Operator does not accept the changes by the intended effective date, the contract continues on the existing terms. In this case, Parkmo is entitled to terminate the contract with ordinary notice in accordance with § 11 paragraph 1. If the change is necessary to adapt to mandatory statutory requirements or to binding requirements of the payment service provider and the Operator does not accept it, Parkmo may deactivate the Payment Module as of the date on which the requirement takes effect.

§ 13 Final Provisions

  1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
  2. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Munich, provided that the Operator is a merchant (Kaufmann), a legal entity under public law or a special fund under public law.
  3. Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.