Draft. Not yet reviewed by a lawyer.
ParkFluent Terms of Use
DRAFT for lawyer review. Not yet in force. Text in [[DOUBLE BRACKETS]] is a placeholder to fill in. Items marked LAWYER need a lawyer's judgment before launch. Written October 2026.
Effective date: October 2026 (the day of the first public release; set the exact date at deploy) Provider: ParkFluent is a product of DESSIGNE LLC ("we", "us"). Contact: hello@parkfluent.com.
Aziz: please confirm the exact legal name of the company before this is published.
By using ParkFluent (the website and apps, "the app") you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the app.
1. Who may use the app, and what it is
You must be 16 or older to use ParkFluent. LAWYER: confirm the 16+ threshold.
ParkFluent shows, on a map, what New York City's posted curb-parking signs and related public records say about parking on a street for the time and length of stay you choose. It is an information aid. It is not a legal opinion, a guarantee that a spot is legal or free, or a reservation of a space.
2. Always obey the posted signs
The signs you see on the street, and the instructions of enforcement officers, always come first. The map is built by software from public records and can be wrong, out of date, incomplete, or wrong for your vehicle (it shows rules for a regular passenger car). Signs can be added, removed, covered, damaged or temporarily changed (for example for street work, film shoots, events or weather) without the records changing yet. Colours show posted rules, not whether a space is open. A gray curb means we could not tell: read the signs. Before you leave your car, read the signs.
3. No responsibility for tickets, tows or other loss
To the fullest extent the law allows, we are not responsible for parking tickets, fines, towing, booting, vehicle damage, missed appointments, or any other loss or cost that follows from using or relying on the app, including from a mistake or gap in our map, a late or missing reminder, or a wrong answer from the assistant. You are responsible for where you park. [[LAWYER: confirm this exclusion and its limits for New York consumers; some losses cannot be excluded by law]].
4. Data sources
The map uses public data from NYC Open Data and the New York City Department of Transportation (DOT) (parking sign orders, street centerlines, parking meters, alternate-side suspensions and other datasets), and other public sources (for example licensed-garage records of the Department of Consumer and Worker Protection, and 311 announcements). We use it under the terms of NYC Open Data and each dataset; see the NYC Open Data Terms of Use. ParkFluent is not affiliated with, endorsed by or operated by the City of New York or DOT. Public data can lag the street by days or weeks (parking tickets lag about six weeks). Maps and imagery are provided by Google under Google's terms. [[LAWYER: confirm the Open Data attribution wording and the Google Maps terms flow-down]].
5. No warranty
The app is provided "as is" and "as available", with no warranties of any kind, express or implied, including accuracy, completeness, availability, fitness for a purpose and non-infringement. It is in beta; features can change or stop. We do not promise it will be uninterrupted or error-free, or that reminders and alerts will arrive on time (they depend on your phone, your settings and third-party push services).
6. Limit of liability
To the fullest extent the law allows, our total liability to you for any claim about the app is limited to [[AMOUNT, e.g. US$100]], and we are not liable for indirect, incidental, special or consequential damages. [[LAWYER: confirm enforceability and the amount]].
7. Acceptable use
You agree not to:
- use the app while driving in a way that distracts you (look at the screen only when it is safe and legal, and let a passenger operate it); drive mode is for passengers;
- scrape, copy or republish our map data in bulk, resell it, or build a competing dataset from it, or use bots to query the app;
- attack, overload, probe or bypass the app's limits and protections, or interfere with other users;
- send unlawful, abusive, misleading or spam content in feedback, photos or nicknames, or personal information of others;
- photograph people, faces, licence plates or private property for the sign-photo feature, or send a photo that is not of posted parking signs, or send photos taken while trespassing or in a way that is unsafe (do not step into traffic);
- submit fake feedback or photos to earn points, or use more than one identity to collect rewards;
- use the app for anything unlawful.
We may limit, suspend or block use that breaks these rules, and remove content or nicknames.
8. Your content, points and rewards
If you send feedback, notes or photos you keep your rights, and you give us a worldwide, royalty-free licence to use them to check, correct and improve the map and the service (including by a human reviewer), and to keep them as set out in the Privacy Policy. You confirm you have the right to send them. Points and the leaderboard are a feature of the beta; points have no cash value and are not property. Points are a thank-you and have no cash value; nothing can be redeemed during the free period, and we may change or end the points programme at any time and remove points earned by fraud or error.
9. Free period, Premium, ads and payments
Everything is currently free. We may later add paid features (Premium), a subscription, or rewarded ads. We will tell you before that happens and change these Terms; paid terms (price, renewal, cancellation, refunds, app-store rules) will be added then. No payments are taken today. Links to third-party garage and booking sites (for example SpotHero and ParkWhiz) open their sites and are subject to their terms; we may earn a commission if you book. We do not take payments for garages and are not responsible for their prices, availability or service.
10. The assistant
The optional assistant uses an AI model to turn your words into trip settings. It can mishear or misunderstand. It never decides what is legal; every parking answer comes from the same map data and rules as the rest of the app, and Section 2 applies in full.
11. Ownership
The app, its design, software and the compiled map are owned by us or our licensors. We give you a personal, non-exclusive, revocable licence to use the app for your own non-commercial use. The underlying public data belongs to its publishers and is subject to their terms.
12. Privacy
How we handle information is in the Privacy Policy [[LINK]]. It forms part of these Terms.
13. Changes, suspension and ending
We may change the app or these Terms at any time; for important changes we will tell you in the app, and using the app afterward means you accept them. We may suspend or end the app or your access at any time. You may stop using the app at any time and delete its data from your device.
14. Governing law and disputes
These Terms are governed by the laws of the State of New York, without regard to conflict-of-law rules. Disputes will be brought in the state or federal courts located in New York County, New York, and you and we consent to that jurisdiction. There is no arbitration clause or class-action waiver in this draft. LAWYER: decide whether to add them, and whether any consumer-protection carve-outs are needed for users in other places.
15. General
If a part of these Terms is unenforceable, the rest stays in force. Our failure to enforce a right is not a waiver. These Terms and the Privacy Policy are the whole agreement about the app. You may not transfer your rights; we may transfer ours with the business. Contact: hello@parkfluent.com.