Terms & Conditions

Thank you for using our services and products. Use of our services is provided by Parkheregeorgia, LLC.

Use of our services means that you agree to the following Terms and Conditions and to our Privacy Policy. We recommend that you read them thoroughly and carefully.

Due to the fact that we offer different Services, in some cases additional terms may apply. By using our services you consent to those additional terms becoming part of your agreement with us.

CHANGES TO TERMS AND CONDITIONS

These terms or any other additional terms that apply to a particular Service may be modified. We will notify users of any changes on this page, and we will also post a notice in a particular Service of any changes made to any of that Service's terms. You should not use the Service if you do not consent to the modified terms.

USE OF OUR SERVICES

Use of our services is intended only for those who have the capacity to enter into a legally binding agreement and is governed by these terms and conditions and all applicable laws and regulations. Use of our services may also require downloading software to your phone or other device and by using our services you consent to us automatically updating our software and acknowledge that these terms and conditions will also apply to the updates.

YOUR PARKING APP ACCOUNT

An account may be necessary to use some of our Services. Complete and accurate information must be provided when you create an account with us.

LIMITED LICENSE

Use of our services only entitles you to a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to:

1. Use our application on your device only for the use of our Services, and
2. Use the information, related materials and content made available through our Services only for non-commercial and personal use.

We, and our licensors, reserve all rights not expressly granted herein.

SMS PARKING NOTIFICATIONS

To provide timely updates about your parking sessions, we offer SMS notifications. If you wish to receive these notifications, you must provide a valid mobile phone number and explicitly opt in during creation of all parking sessions.

We will send SMS notifications when your parking session is about to expire (approximately 15 minutes before expiration), when it has ended, and to confirm successful payments. These messages are sent exclusively for operational purposes related to your parking sessions. You will typically receive 2-3 SMS messages per parking session. All SMS communications will originate from our verified toll-free number.

By opting in to SMS notifications, you expressly consent to receive these messages at the phone number you provide.

If you opt out of SMS notifications, you will not receive alerts about your parking session. This may result in you missing notifications about session expiration. You will still be responsible for all parking fees and any associated citations that may result from expired parking.

Message and data rates may apply based on your wireless carrier plan. Parkheregeorgia, LLC., is not responsible for any fees charged by your carrier for receiving SMS messages.

Network Access and Devices

If you wish to use our Services you are responsible for obtaining your own data network access. No guarantee is made that our Services will function on all devices. Also, keep in mind that use of the internet and other types of electronic communications may be subject to delays and/or malfunctions.

Payment

Use of our Services requires payment for the Services you use. Where required, all applicable taxes will be added to the charges you must pay for use of our Services. Applicable fees and processing fees may also be added to your charges. Payment of charges will be enabled by Square (Block, Inc.) using your preferred payment method. A receipt will be sent to you via email after payment. Payments are final and non-refundable. Refunds will be at Parkheregeorgia, LLC's sole discretion.

We reserve the right to set, remove and/or change the amount charged for any of our services in our sole discretion. If any of our Services is provided by a third-party provided, the charges you incur will be owed to that third-party provider. We will collected payment on behalf of the third-party provider as a limited payment collection agent, and payment to us of such charges will be considered as payment made to the third-party provider.

Intellectual Property

We reserve any and all intellectual property rights in our Services. We reserve all rights to our trademarks and logos, however other trademarks and logos used and/or displayed while use of our Services are the trademarks of their respective owners.

Security

While we will do everything we can to protect the security of content shared during the use of our services, we cannot guarantee that there will never be a breach of our security measures. Any unauthorized use of your account should be immediately communicated to us. Please remember always keep all passwords secured.

Terminating or Modifying Our Services

We reserve the right to terminate or modify our Services at any time in our sole discretion. We may sometimes add or remove certain services. We also reserve the right to terminate your use of our Services for any reason without your consent.

Third-Party Links

It may be necessary for you to access third-party links during the use of our Services. Because we have no control over the content or those sites, by accessing those sites you do so at your own risk and subject to their terms and conditions.

Disclaimer of Warranties

Use of our Services comes with no warranty of any kind. We further specifically disclaim warranties of merchantability, fitness for a particular purpose, and non-infringement.

Liability Limitations

To the fullest extent permitted by law, Parkheregeorgia, LLC, along with its subsidiaries, affiliates, licensors, service providers, employees, agents, officers, members, managers, and directors, will not be liable to any party for more than the total amount you have paid to us for the use of our services. This limitation applies regardless of the nature of the claim, whether it is based on contract, tort, or any other legal theory.

General Terms

In the event of a conflict between these terms and any additional terms, the additional terms will take precedence.

The relationship between Parkheregeorgia, LLC and you is governed by these terms, and they do not establish any rights for third parties.

If you fail to comply with these terms and we choose not to take immediate action, it does not mean we are waiving any rights we may have, including the right to take any future action.

The fact that any specific term may be found to be unenforceable will not affect the validity of the other terms.

Any dispute arising from or related to these terms will be governed by the laws of the State of Georgia, excluding its conflict of laws rules. Litigation related to all claims arising from or related to these terms will be held exclusively in the federal or state courts of Fulton County, Georgia, USA. By using our services you agree to personal jurisdiction in those courts.

PRIVACY POLICY

We are dedicated to safeguarding your privacy. The purpose of this policy is to help you understand how we collect, use, and share the information gathered through our websites, mobile applications, and other services we provide.

Type of Information Collected

The type of information collected varies depending on your use of our Services. Information may be collected in different ways. Such as:

1. Information you provide or give us access to. When you use our Services you willingly provide some personal information to us (i.e., name, phone number, email address, payment information, vehicle information). We also gather information necessary for the use of our services, such as date of arrival, name of the facility, service used, etc. Phone numbers provided for SMS notifications are collected with your explicit consent and used solely for sending operational notifications related to your parking sessions, account verification, and customer service communications when requested.
2. Information provided to us by third parties. Sometimes a third party will provide us with your information when you use our Services.
3. Technical information collected while you use our Services. This refers to internet and network information that is created and stored automatically. This is some of the information that we may collect:

   a. Electronic network activity information.
   b. Internet activity information.
   c. Identifiers.
   d. Location data.
   e. Server data.

Aggregated or de-identified data is not subject to this policy.

Use of Your Information

In order for us to provide you with the best experience we must gather and use your information when you use our Services. We may also use your information for the following:

1. Customer Support
2. To improve our services.
3. Service fulfillment.
4. Purchase of our services.
5. Legal proceedings and/or requirements.
6. To send operational SMS notifications that you have explicitly opted in to receive, including parking session start/expiration alerts and payment confirmations.

Sharing Your Information

By using our Services you consent to your information being possibly share with:

1. Our subsidiaries.
2. Our affiliates.
3. Third-party companies.
4. Service Providers, including our SMS message delivery provider.
5. Business Partners.
6. Municipalities.
7. Parking facilities and their operators.
8. Parking enforcement entities.
9. Law Enforcement.
10. Government Agencies.
11. Anyone else you provide consent for us to share your information with.

Where is your information stored?

Your information, including phone numbers used for SMS notifications, is stored on secure servers located in the United States. Our SMS service provider may also process your phone number and message delivery information solely for the purpose of delivering the notifications you have consented to receive.

How is your information secured?

While we will take every precaution to keep your information secured, we do not guarantee the total security of your information as sometimes security breaches may occur. Phone numbers and other personal identifiers are encrypted both in transit and at rest using industry-standard encryption protocols. Access to this information is strictly limited to authorized personnel who need it to perform specific job functions.

Use of Cookies

We may use cookies to identify your browser or electronic device. We may also use cookies to collect information about your interactions with our partners. The different types of technology that we may use to collect this information include:

1. Cookies
2. Mobile device identifiers.
3. Web Beacons.
4. Other technologies.

Web browser settings may allow you to disable or refuse the use of cookies.

Your Rights and Options

You have the right to control how we communicate with you and how we use your personal information. These rights include:

1. The right to opt in or opt out of SMS communications when creating parking sessions
2. The right to access the personal information we have collected about you
3. The right to correct inaccurate information
4. The right to delete your personal information, subject to legal requirements
5. The right to data portability for your personal information

By completing a privacy request form, you can exercise your rights and choices regarding the information that we have about you.

If you subscribed to receive our marketing materials, you have the right to unsubscribe at any time.

To exercise any of your rights and options, as they relate to our Services, you can also contact us in any of the following ways:

1. Phone
2. Online Form
3. Email
4. Write to us at: support@parkheregeorgia.com

We might need additional information to verify your identity. This may include your license plate number and/or the last four digits of a credit card associated with your account. We will compare that information with our records to confirm your request. The information you submit must match our records. This process is designed to protect your personal information and ensure it is not disclosed to anyone who should not have access. The information collected during this process will only be used for verification purposes.

SMS Message History

For quality assurance and regulatory compliance, we maintain records of SMS messages sent to your number for up to 12 months. This includes delivery status information.

Changes to Our Policy

We may make changes to this policy subject to our sole discretion. Changes will be posted to this page. Continued use of our Services implies consent to the changes of our Privacy Policy. If required by law, we will obtain your consent.

Contacting Us

If you have any questions regarding this Privacy Policy or our SMS communications practices, please contact us at support@parkheregeorgia.com.