- Welcome to Citifyd. Citifyd, Inc. (“Citifyd,” “we” or “us”) provides a mobile application platform (the “App”) that connects people seeking a parking space (“Parkers”) with people offering a parking space for rent (“Providers”). Our App also provides Parkers with access to offers from merchants and activity sponsors (“Partner Merchants”) near their parking spaces.
- Use of Website. Citifyd owns the Citifyd.com website (the “Site”) and the App (collectively, the Site and the App are referred to as the “Services”). These Terms of Service and Use (“Agreement”) apply to your use of the Site and the App. Your use of the Site or the App constitutes assent to this Agreement.
- Use of App and Site. If you are a Parker or Provider, this Agreement constitutes a binding contract between you and Citifyd governing your use of the App and the Site. If you are a Parker, you represent that you are legally old enough to drive in your state; otherwise, you are not eligible to use the App. If you are accepting this Agreement for an entity, such as the company you work for, you represent to us that you have the authority to legally bind that entity to this Agreement. By clicking on the “I ACCEPT” button, or using our App, you signify that you have read, understand and agree to be bound by all of the terms in this Agreement. If you do not agree, you may not use Citifyd’s Site or App, and you should cancel setup of the App and delete it from your device.
- Parker Specific Terms. The following terms focus on your use of the Services as a Parker.
- We are not responsible for the parking space rental transactions you enter into using our Services. Providers, not Citifyd, provide the parking spaces, and the listed spaces are solely under their control. The decision to utilize parking information made available through our Services remains your responsibility, and you assume that risk. In all cases, the terms of your parking arrangement will be governed by the information in the Provider’s listing and/or posted at the parking location. Further, Citifyd does not store or process payment card data. Therefore, payment processors and entities issuing your payment card, not Citifyd, are responsible for customer service issues related to your payment card.
- Citifyd does not take responsibility for any of the following problems or conditions, and you assume full responsibility for each of them that you encounter:
- Problems with a parking service, a parking lot or someone who accepts custody of your vehicle. These elements are provided by others who are in no way our agents or acting on our behalf;
- Failure of you or a Provider to update the information in a User Account or to update or accurately enter information about a listed parking space;
- Failure of others to relinquish a parking spot in a timely manner, or problems with the availability of a specific parking space in the location you selected. We are not liable for road closures, changing traffic conditions or any other circumstances that challenge access to a parking location;
- Damage to a Provider’s premises or to your vehicle that results from your use of a parking space; and
- The safety of persons or property in the locations at or around the listed parking spaces.
- You are responsible for parking within the time frame and in the manner detailed in the Provider’s listing and/or posted at the parking location. Parking in violation of the Provider’s terms might result in your vehicle being towed or ticketed, for which you accept full responsibility. If a parking location allows use of the premises by Parkers and guests for reasons other than parking (e.g., tailgating, parade or event viewing, etc.), it is your responsibility to comply with any applicable state or local Laws (as defined in Section 11 below) (e.g., regarding open containers, open flames, cooking, etc.).
- You may not resell or re-lease a parking location booked using the Services.
- Citifyd is merely a platform to connect Parkers and Providers. Refunds are at the sole discretion of the Provider. Disputes between you and a Provider must be handled between the two of you. The Provider may ask Citifyd to issue a credit to your User Account from the Provider’s account.
- All parking prices offered through the Services are set directly by the Providers of the listed parking spots, not by Citifyd. Citifyd has no role in pricing. However, Citifyd may charge the Provider a fee for facilitating the parking transactions
- PLEASE DO NOT ACCESS THE APP WHILE DRIVING!
Provider Specific Terms. The following terms focus on your use of the Services as a Provider.
- You represent and warrant that you own or lease the premises offered for parking; are duly authorized and licensed and have the full right and authority to enter into this Agreement and to rent the parking space you’ve associated with your User Account; and, if you are a business, you are in good standing with all relevant regulatory, licensing and compliance authorities for all jurisdictions in which you offer rental parking.
- You will not discriminate against prospective Parkers on the basis of race, sex, color, religion, creed, sexual orientation, age or national origin.
- You will accurately describe your parking space’s location, size, and any site restrictions that might reasonably pose a risk of damage to your property or to certain types of vehicles.
- Citifyd does not take responsibility for any of the following problems, situations or conditions, and you assume full responsibility for each of them that you encounter:
- Problems with how a Parker uses the parking service or parking lot, or issues relating to your personnel who accept custody of Parkers’ vehicles;
- Your failure to update your information or User Account, or a Parker’s failure to enter or update information in his or her User Account;
- Failure of a Parker or others to relinquish a parking spot in a timely manner;
- The safety of people and their property when they are using the Services or parking at your listed location;
- The consequences of not providing the parking space as represented to the Parker or for delays or unavailability associated with parking at the listed space;
- Any inconvenience to a Parker or you, or liability for damage to your premises or to a Parker’s vehicle; and
- Compliance with local Laws.
- By offering parking or otherwise using the Services, you agree to honor all of your offers accepted by a Parker. If you cannot provide the parking space you’ve listed, or if false or inaccurate information provided in the listing causes a Parker to be unable to park, Citifyd will hold you liable to reimburse the Parker for the Parker’s parking expense.
- It is your responsibility to resolve all issues about your parking space directly with the Parker who rented it from you. However, if a Parker files a complaint with Citifyd, you authorize us to make a final decision, in our sole discretion, about whether or not you provided the promised parking space as offered. If we resolve a complaint in the Parker’s favor, you agree that we may refund the Parker for the cost of parking, and require you to reimburse us for the refund plus all transaction fees incurred to remedy the complaint.
- Citifyd maintains the right to suspend or terminate a Provider’s account if we suspect abuse or violations.
- We may withhold payment, make a setoff or recoup our expenses by charging your User Account due to any of the following: (a) an adjustment is required under this Section 6; (b) we reasonably believe that you have committed fraud or other illegal acts or omissions during any rental activity; or (c) you provided incorrect information or misrepresented parking and/or parking related services for any booking or portion thereof.
- It is illegal and a violation of this Agreement to offer and book parking rentals for spaces that you do not own or legally control, including street parking. Any violations may result in immediate termination of your User Account. We reserve the right to request proof of ownership, lease or license of all parking spaces offered through our Services and to verify your authority to rent your listed premises.
- We are not responsible for the parking space rental transactions that you offer using our Services. We are not your agent or reseller; Citifyd merely provides a platform for information and booking. You alone, and not Citifyd, provide those rental services. You, and not Citifyd, are responsible for customer service related to those transactions. Payment processors and entities issuing your payment card or providing merchant account services, and not Citifyd, are responsible for customer service issues related to your payment card transactions.
- No Background Checks. We do not screen, validate, audit or otherwise verify the backgrounds or driving history of the Parkers or Providers.
- Restrictions on Use. You agree not to post or transmit any Content, or to promote any activity, that is unlawful under any law, statute, ordinance or regulation (“Laws”), or that contains or transmits any computer programs or routines that damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. The foregoing list is not necessarily exhaustive of types of Content we may deem inappropriate for the Services, in our sole discretion.
- Lawful Use Only. You agree not to use the Services for any activity that is unlawful under any Law, or for any activity that interferes with the operation of the Services or places an undue burden on them. We have the right to not process a transaction if we believe it violates any Citifyd agreement or obligation, or exposes you, Parkers, Providers, Site users, Partner Merchants, our other service partners or us to harm, such as fraud or criminal acts. If we suspect, in our sole discretion, that your User Account has been used for an unauthorized, illegal or criminal purpose, we may share all of your information, your account and your transactions with law enforcement. Further, if we receive a request or subpoena from any law enforcement agency or court-ordered process to disclose information about you, your User Account or your activities using the Services, we may comply with that request without notice to you and without receiving additional permission from you.
- Responsibility Regarding Use of Internet and Mobile Devices. Citifyd does not take responsibility for any of the following problems or occurrences, and you assume full responsibility and risk for any of them that you encounter:
- Interruptions to or errors during access of the Services;
- Harmful viruses, attacks, theft or bugs, and similar risks from using your mobile device and/or the Internet; and
- All consequences from the use of your mobile device while driving, or while present at a listed parking location or elsewhere.
- Use of Third Party Payment Processors. We utilize the services of one or more third party payment processors to make the payments related to your use of our Services. Citifyd operates entirely separate from these third party payment processors. We have no responsibility for your interaction with the payment processors, and you are responsible to read and abide by any payment processor’s rules and terms that may apply to you. Your agreement with a payment processor is separate from this Agreement between you and Citifyd.
- Taxes. If we determine in our reasonable discretion that a parking transaction entered into using the Services is subject to any sales, use or similar tax, or fees or assessments in connection with the Services, we will add such amounts to our fees or to the base parking rental amount. You agree that any and all applicable taxes and similar governmental charges are solely your responsibility. You shall defend, indemnify and hold harmless Citifyd from and against all state and local taxes assessed against Citifyd, except income taxes that relate to the Services.
- Access and Use License. So long as you comply with the terms of this Agreement, Citifyd grants you a limited, United States only, nonexclusive, nontransferable, revocable, personal license to access and use the Services solely in connection with the offer or rental of short-term parking spaces in accordance with this Agreement. The Services include access to the App; our software programs, documentation and tools; and any updates provided to you by us. Updates to the Services may be subject to additional terms. We may modify or discontinue offering any or all of the Services at any time, for any or no reason, without notice, and without any liability.
- License Restrictions. Except as expressly and unambiguously permitted in this Agreement, you may not, nor may you permit anyone else to, directly or indirectly: (i) use any manual process or robot, spider, scraper or other automated means to collect information from us or anyone using the Services; (ii) copy, reproduce, alter, modify, create derivative works from, publicly display, republish, upload, post, transmit, resell or distribute in any way the material or information provided by Citifyd; (iii) permit any third party to use and benefit from the Services via a rental, lease, timesharing, service bureau or other arrangement; (iv) transfer any rights granted to you under this Agreement; (v) violate the restrictions in any robot exclusion headers on the Services; work around, bypass or circumvent any of the technical limitations of the Services; use any tool to enable features or functionalities that are otherwise disabled in the Services; or decompile, disassemble or otherwise reverse-engineer the Services and related software; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services, or impose an unreasonable or disproportionately large load on our information system infrastructure; (vii) change or delete any ownership notices from the Services; (viii) take any action or use the Services in a way that violates Laws, creates liability or promotes illegal activities; (ix) impersonate any person or entity, misrepresent yourself or your entity, or attempt to use another Provider’s or Parker’s account; or (x) otherwise use the Services except as expressly allowed under this Agreement.
- Ownership and Proprietary Rights. The Services are protected by Laws relating to copyright, patent, trade secrets, trademarks and data rights. Citifyd owns all right, title and interest in and to the Services and related software and documentation (including any copies, updates or upgrades and all derivative works thereof), Citifyd’s trademarks and service marks, Citifyd’s data and databases, and all intellectual property and other proprietary rights therein. “Citifyd” and the Citifyd logo are trademarks of Citifyd, Inc. or its affiliates and may not be used in connection with the products or services of others without Citifyd’s written approval. All other trademarks not owned by Citifyd that appear through the Services are the property of their respective owners. You may not remove or obscure any identifying notices that we have placed on or use in connection with the Services, including without limitation any copyright or proprietary notices. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on the Services and related software and documentation, in whole or in part. Citifyd reserves all rights not expressly granted to you in this Agreement.
Copyright Complaints. Citifyd respects intellectual property rights. If you believe your copyrighted work has been copied or posted on or through the Services in a way that constitutes copyright infringement, please contact us at InfringementConcerns@Citifyd.com and provide the following information:
Consult your legal advisor before filing an infringement notice, because there can be penalties for false claims.
- A description of the copyrighted work that you believe has been infringed;
- A description of the allegedly infringing use;
- A description of the location where the allegedly infringing work is located on the Site;
- An address and telephone number where you can be contacted, including an email address if possible;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the Law;
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; and
- A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the copyright owner or is authorized to act on behalf of the copyright owner.
- Submissions. We welcome you to send us comments and ideas for improving the Services. When you submit or post any creative suggestions, proposals or ideas about our Services or other products and services, you agree that such submissions will be automatically treated as non-confidential and non-proprietary and will become our sole property without any compensation or credit to you whatsoever. We may use any such submissions in any manner, through any medium and for any purpose worldwide. In connection with your submission, you give us permission to disclose publicly your business name, your Provider status, the name and title of your personnel making the submission, and the extent of your use of our Services. You hereby waive all applicable rights of privacy and publicity, if any.
- Security. We take commercially reasonable precautions to protect your Content but cannot guarantee its security given the nature of the Internet and the fact that network security measures are not infallible. We use SSL encryption, and our third party payment processors are PCI compliant. You acknowledge that you provide any personal information about yourself and your personnel at your own risk. We make no representation or warranty, and hereby disclaim any and all liability, with regard to the sufficiency of the security measures used for Content handling and storage. We will not be responsible for any actual or consequential damages that result from a security breach or technical malfunction.
- Indemnity. You agree to defend, indemnify and hold harmless Citifyd and its affiliates, officers, directors, employees, agents, service providers and licensors from and against all losses, liabilities, tax assessments, interest, costs (including without limitation attorney fees and costs on appeal or at trial), damages, judgments and claims, of every kind and nature, arising from or relating in any way to your use of the Services, your conduct in connection with the Services or your violation of this Agreement, any Law or the rights of any third party.
- Warranty Disclaimer. The Services are provided “as is,” “as available,” and without warranties of any kind. You use the services at your own sole risk. To the fullest extent permitted by law, we disclaim all warranties of any kind, whether implied or statutory, including but not limited to implied warranties of title, quality, performance, merchantability, fitness for a particular purpose, accuracy, title and non-infringement. Without limiting the foregoing, we do not warrant that (i) the Services or any rental transactions will meet your specific requirements or desired results, (ii) the Services will be uninterrupted, error-free, timely or secure; that any defects will be corrected; or that the Services are free of viruses or anything else harmful, (iii) the results obtained from the use of the services will be accurate or reliable, or (iv) the Services will be available at any particular time or location or at all. To the fullest extent permitted by law, we do not make any warranties or representations regarding the use of the Services in terms of their correctness, accuracy, adequacy, timeliness, reliability, completeness or otherwise. You understand and agree that you will be solely responsible for your use and any damage to your device with which you access the Services, loss of data or other harm of any kind that may result. We reserve the right to change any and all of the Services and other items used or contained in the Services at any time without notice. No advice or information, whether oral or written, obtained by you from Citifyd or through the Services will create any warranty not expressly stated herein.
- Limitation of Liability and Damages. To the maximum extent permitted by applicable law, Citifyd and its affiliates, officers, directors, employees, agents, service providers and licensors shall not be liable to you or anyone for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for lost profits, goodwill, use, data or other intangible losses (regardless of whether we have been advised of the possibility of such damages), however caused, whether based on contract, negligence, strict liability in tort, warranty or any other legal theory, arising out of or related to (i) the use of or inability to use the Services or any errors, omissions or inaccuracies in any content in the Services; (ii) the Services or the conduct of other system users or third parties; (iii) the cost of procurement of substitute parking spaces or rental transactions resulting from any goods, data, information or Services obtained; messages received; or transactions entered into through or from the Services; (iv) unauthorized access to or alteration of your data, content or personal information; (v) termination or downgrading of your account; (vi) any bugs viruses, trojan horses or the like that may be transmitted to or through the Services by any third party; (vii) Provider or Parker content or defamatory, offensive or illegal conduct of any third party; or (viii) any other matter relating to the Services or any of our other products or Services.
Your exclusive remedy, for any claim arising out of or relating to this agreement and/or use of the Services is to stop using the Services. If we are found to be liable to you for any damage or loss which is in any way connected with your use of the Services or this agreement, our liability shall never exceed: in the case of a Parker, the amount paid to rent the space (not to exceed $50) and, in the case of a Provider, the amount owed to the Provider by the Parker for the leased space (not to exceed $50).
Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the limitations or exclusions in Sections 25 and 26 above may not apply to you in whole or in part. Our liability in such case will be limited to the greatest extent permitted by governing Law.
- Third Party Links and Service Offers. The Services may contain links to websites, applications or other products or services operated by other companies and offers provided by third parties (“Third Party Sites”). We do not endorse, monitor or have any control over these Third Party Sites, which are governed by separate terms and privacy policies. We are not responsible for the content or policies of Third Party Sites, and you access such Third Party Sites at your own risk. We expressly disclaim any liability for these Third Party Sites.
- Electronic Communications. By using the Services, you agree to receive certain electronic communications from us, whether on our Site, through our Services or by text messages or email. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You may opt out of these communications where allowed.
- No International Providers. We control and operate the Services from our offices in the United States. At this time, the Services are not available to Providers for offering parking rentals outside the United States.
- Changes. We have the right to change this Agreement at any time with notice, effective upon its posting to our Site at [Citifyd.com] or notifying you at the email address provided in your User Account. Your continued use of our Services shall be considered your acceptance of the revised Agreement.
- Assignment. You may not assign this Agreement or any rights and licenses in this Agreement. This Agreement may be assigned by Citifyd without restriction.
- Term and Renewal. You may use the Services until they are terminated by you or us. Either of us can terminate this Agreement and your access to the Services at any time for any reason or no reason. You may terminate by emailing us at [email@example.com], and we may terminate by emailing you at the email address provided in your User Account. Following notice, your User Account will terminate as soon as all transactions made through your account have been processed and cleared. We have the right to delete all Content in your User Account and all information associated with it. Thereafter, if you wish to use the Services again, you will need to open a new User Account with Citifyd.
- Our Other Rights. We reserve the right in our sole discretion to (i) restrict your use of all or any part of the Services, and (ii) modify or discontinue the Services (or any part of the Services), for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block Parkers and Provider personnel from certain IP addresses or device numbers and to prevent access to the Services. This Agreement shall remain in effect even after your account is terminated, and termination does not relieve you of any obligations to pay any fees or costs accrued prior to termination and any other amounts owed by you to us. Upon termination, the license provided to you in this Agreement shall automatically end.
- Survival. The obligations under Sections 12, 13, 14, 15, 16, 17, 18, 20, 22, 23, 24, 26,28 and 34, and terms that by their nature may survive termination shall remain in effect and survive the termination of this Agreement.
- Independent Contractors. The parties are independent contractors and will so represent themselves in all regards. No party is the agent, partner, joint venturer or employer/employee of the other, and neither may bind the other in any way.
- Notices. Citifyd may send notices pursuant to this Agreement to your contact points listed in your User Account, and such notices will be deemed received on the day they are sent by electronic delivery and three days after they are sent by courier or first class mail. You may send notices pursuant to this Agreement to [firstname.lastname@example.org], and such notices will be deemed received three days after they are sent.
- Jurisdiction. You agree that the Services shall be deemed a passive website solely based in Oregon, USA, which does not give rise to personal jurisdiction over us in jurisdictions other than Oregon.
- Limitations on Claims. Any cause of action or claim you may have with respect to the Services (including without limitation the purchase of products) must be commenced within one year after the claim or cause of action arises.
- No Waiver. Our failure to exercise or enforce any right or provision of the Agreement will not constitute a waiver of that or any other right or provision. The terms of this Agreement cannot be modified by trade practice or conduct between the parties.
- Severability. If any provision in Agreement is invalid or unenforceable, the remaining provisions of this Agreement shall continue to be valid and enforceable.
1044 NW 9th
Portland, OR 97209