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AIPARK GmbH
Technologiepark, Rebenring 33
38106 Braunschweig

Geschäftsführer: Julian Glaab, Matthias Natho

Sitz der Gesellschaft: Braunschweig
Amtsgericht Braunschweig: HRB 206665

Phone: +49(0)151/610 37 360

Email: info@aipark.de

Responsible for all contents (§ 55 para 2 RStV):
Julian Glaab, Matthias Natho

This website, AIPARK.de (the “site”), is owned and operated by AIPARK GmbH (“AIPARK“, “we” or “us”). By using the site, services provided on the site or content we make available to you through the services (collectively, “services“), you agree to be bound by the following Terms of Service, as updated occasionally (collectively, the “Terms“).

Please read them carefully. If you don’t agree to these Terms, you may not use the services.

Signing up

In order to use most services, you must register for an AIPARK account. When you use our application program interfaces (APIs), each request to an API must include one of your account’s unique API keys.

Please carefully guard the security of your account and monitor use of your API keys. You are responsible for all use of the services under your account, whether or not authorized, including any use of your API keys. At our discretion, we may make limited exceptions to this policy for unauthorized use of your account if you notify us of the problem promptly.

If you are entering into this agreement on behalf of your company or another legal entity, you represent that you have the authority to bind that entity to these Terms, in which case “you” will mean the entity you represent.

Our services

Subject to these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license and right to:

  • Use the services to develop online services and online, desktop, or mobile applications;
  • Make the services available to end-users in connection with their use of your publicly available online services and publicly available online, desktop, or mobile applications
AIPARK APIs

The “AIPARK APIs” means all APIs provided by AIPARK. You must access and use opening hours, prices, parking predictions, crowdsensing events, real-time availability feeds and electric vehicle charging stations that we provide (collectively “Parking Data”) only using our APIs.

You may temporarily cache Parking Data on end-user devices (e.g. laptops, smartphones, or tablets) for offline use, but each device must populate its cache using direct requests to the AIPARK APIs and content from a cache may only be consumed by a single end-user. On mobile devices, you may only cache up to the limits set in the applicable AIPARK SDK, and you may not circumvent or change those limits. You may not resell or redistribute Parking Data, including from a cache, by proxying, or by using a screenshot or other static image instead of accessing Parking Data through the AIPARK APIs. You may not scrape or download data for any purpose other than temporary offline caching on a single end-user’s device. You may only query the AIPARK APIs in response to human user queries and human app interactions; you may not perform bulk or automated queries.

You may not use results from the AIPARK APIs

  1. to develop a database of parking spots for any neighborhood, city,
    state, country, or other such geographic region, or to develop any other general purpose digital map database;
  2. to develop or test another Parking Data application or API;

in connection with navigation products preinstalled or integrated into automobiles by auto manufacturers, auto electronic component manufacturers or auto system integrators; or

Upon written notice to you, we may audit your use of the AIPARK API to ensure it is in compliance with this section. The terms of this section are intended for the direct benefit of our third-party suppliers and may also be enforced directly by those suppliers.

If you need additional rights, please contact us.

AIPARK APIs used on mobile devices

To use AIPARK services on mobile, your app must use one of the AIPARK SDK for Android, AIPARK SDK for iOS or AIPARK SDK for other platforms (each, a “AIPARK Mobile SDK”) as its exclusive means of accessing AIPARK services supported by the SDK. At any given time, the AIPARK Mobile SDK that you use must be the version that has been released within the immediately preceding 3 months (unless no such update has been released). The AIPARK Mobile SDK you use will periodically send location and usage data (telemetry) to us, which we may use to improve our maps, provide information back to you about how your app is being used, and for other purposes consistent with our privacy policy.

For all mobile applications that use AIPARK services, you must:

  • Obtain your users’ affirmative express consent before you access their location (the automatic notifications in iOS and Android
    suffice).
  • Disclose that location and usage data will be shared with AIPARK. Notification in your privacy policy is the minimum permitted, but we suggest you also offer a notification directly in your product interface the first time sharing is activated.
  • Comply with any additional local requirements related to information access or sharing.
  • Not interfere with or limit the data that the AIPARK Mobile SDK sends to us, whether by modifying the SDK or by other means, except as otherwise required by the Terms.
  • Not attempt to identify specific individuals, vehicles, or entities.
End-users and notification

You may not allow your end-users or other third parties to use the services in any way that would be a violation of these Terms if done by you, and you agree to take reasonable efforts to prevent such use. You agree to promptly notify AIPARK in writing if you become aware of any misappropriation or unauthorized use of the services.

Documentation

In addition to the requirements above, you agree to adhere to the policies posted on this site in conjunction with the services, including accompanying documentation. Those policies are incorporated by reference into these Terms.

Charges and payment

Some of the services require payment. We may charge your credit card on an ongoing basis in advance of providing services or as needed for prepayments for your subscription fee, any applicable sales taxes, and any other charges you may incur in connection with your use of AIPARK services. The subscription fee is billed in full on the first day of each billing period, unless and until you cancel your subscription.

Ownership

Your content

You retain ownership of all content that you contribute to the services via the AIPARK APIs and/or web and mobile applications, excluding any content that you receive from AIPARK (“Your Content“).

Limited to the purpose of hosting Your Content so that we can provide the services to you, you hereby grant AIPARK a non-exclusive, worldwide, royalty-free, fully paid-up, transferable and sublicensable right and license to use, copy, cache, publish, display, distribute, modify, create derivative works, and store Your Content and to allow others to do so. This right and license enables AIPARK to host and mirror your content on its distributed platform. You warrant, represent and agree that you have the right to grant AIPARK these rights.

Our content and third-party content

Other than Your Content, all content displayed on the site or accessible through the services, including text, images, maps, software or source code, are the property of AIPARK and/or third parties and are protected by German and international intellectual property laws. Logos and product names appearing on or in connection with the services are proprietary to AIPARK or our licensors. You may not remove any proprietary notices or product identification labels from the services.

Publicity

We’re proud to have you as a customer. During the term of this agreement, you hereby grant us a worldwide, non-exclusive, royalty-free, fully paid-up, transferable and sublicensable license to use your trademarks, service marks, and logos for the purpose of identifying you as a AIPARK customer to promote and market our services. But if you prefer we not use your logo or name in a particular way, just let us know, and we will respect that.

Account cancellation or suspension

We don’t want you to leave, but you may cancel at any time. However, we do not give refunds for unused time if you cancel during the middle of a billing cycle.

If you breach any of these Terms, we may immediately without notice cancel or suspend your account and the limited license granted to you hereunder automatically terminates, without notice to you. Upon termination of the limited license, you agree to immediately destroy any materials downloaded from the services. In addition, AIPARK may cancel or suspend your account for any reason by providing you 30 days’ advance notice.

Upon cancellation or suspension, your right to use the services will stop immediately. You may not have access to data that you stored on the site after we cancel or suspend your account. You are responsible for backing up data that you use with the services.

Changes to services or terms

We may modify these Terms and other terms related to your use of the services (like our privacy policy) from time to time, by posting the changed terms on the site. All changes will be effective immediately upon posting to the site unless they specify a later date. Changes will not apply retroactively. Please check these Terms periodically for changes – your continued use of the services after new terms become effective constitutes your binding acceptance of the new terms.

We may change the features and functions of the services, including APIs. It is your responsibility to ensure that calls or requests you makes to the services are compatible with then-current AIPARK APIs. We attempt to avoid changes to our APIs that are not backwards compatible, but such changes may occasionally be required. If that happens, we will use reasonable efforts to notify you prior to deploying the changes.

Disclaimers

“As is,” “as available” and “with all faults.” You expressly agree that the use of the services is at your sole risk. The site and its software, services, maps, and other content, including any third-party software, services, media, or other content made available in conjunction with or through the site, are provided on an “as is”, “as available”, “with all faults” basis and without warranties or representations of any kind, either express or implied.

No warranties. To the fullest extent permissible pursuant to applicable law, AIPARK disclaims all warranties, statutory, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from AIPARK or through the site, will create any warranty not expressly stated herein.

Website operation. AIPARK does not warrant that the services, including any software, services, maps, or content offered on or through the site or any third-party sites referred to on or by the site will be uninterrupted, or free of errors, viruses, or other harmful components and does not warrant that any of the foregoing will be corrected.

Non-AIPARK content. When using the services you may be exposed to user submissions and other third-party content (“Non-AIPARK
content”), and some of this content may be inaccurate, offensive, indecent, or otherwise objectionable. We do not endorse any Non-AIPARK content. Under no circumstances will AIPARK be liable for or in connection with the Non-AIPARK content, including for any inaccuracies, errors, or omissions in any Non-AIPARK content, any intellectual property infringement with regard to any Non-AIPARK content, or for any loss or damage of any kind incurred as a result of the use of any Non-AIPARK content.

Accuracy. AIPARK does not warrant or make any representations regarding the use or the results of the use of the services or any third-party sites referred to on or by the site in terms of correctness, accuracy, reliability, or otherwise.

Harm to your computer. You understand and agree that you use, access, download, or otherwise obtain software, services, maps, or content through the site or any third-party sites referred to on or by the site at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from such download or use.

Jurisdiction. Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside in such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. The limitations or exclusions of warranties, remedies, or liability contained in these terms apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction in which you are located.

Limitation of liability

Limitation of liability. Under no circumstances, and under no legal theory, including negligence, shall AIPARK or its affiliates, contractors, employees, agents, or third-party partners or suppliers, be liable for any special, indirect, incidental, consequential, or exemplary damages (including loss of profits, data, or use or cost of cover) arising out of or relating to these terms or that result from your use or the inability to use the services or the site, including software, services. Maps, content, user submissions, or any third-party sites referred to on or by the site, even if AIPARK or a AIPARK authorized representative has been advised of the possibility of such damages.

Limitation of damages. In no event shall the total liability of AIPARK or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers to you for all damages, losses, and causes of action arising out of or relating to these terms the services or your use of the site (whether in contract, tort (including negligence), warranty, or otherwise) exceed the greater of one hundred euros (100 EUR) or fees paid or payable to AIPARK in the twelve months period prior to the date on which the damage occurred.

Claim period. You and AIPARK agree that any
cause of action arising out of these terms or related to AIPARK must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Additional terms

You agree to keep the contact information associated with your AIPARK account current and complete.

You may not encourage others to violate these Terms, including by selling products or services that would violate these Terms if the products or services are used in their intended manner.

You may not create multiple accounts for the purpose of increasing the free or paid services that you receive under a AIPARK license.

You shall not assign these Terms or any right, interest or benefit hereunder without the prior written consent of AIPARK, which may be withheld for any reason or no reason at all. AIPARK may assign (i) these Terms to an affiliate, (ii) these Terms or any right, interest or benefit hereunder to a third-party in connection with a collection proceeding against you, and (iii) these Terms in their entirety to its successor in interest pursuant to a merger, acquisition, corporate reorganization, or sale of all or substantially all of that party’s business or assets to which these Terms relate.

A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of AIPARK to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. AIPARK reserves all rights not expressly granted to you.

If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Headings are for convenience only and have no legal or contractual effect.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and AIPARK as a result of these Terms or your use of the services. You further acknowledge no confidential, fiduciary, contractually implied, or other relationship is created between you and AIPARK other than pursuant to these Terms.