Please read these Terms carefully before you start to use the application. By downloading our mobile application and using our services, you agree to be bound by the Terms and to comply with them. In these Terms, “Parky.AI”, “us”, “we” and “our” means Ateliers Underlabs Inc. and you are referred as “you”, “your” and the “user”. If you do not agree to these Terms, you must not download or delete Parky.AI, nor access or use our application and services.
Parky.AI is a mobile application designed to assist users in understanding parking signs in Montréal (Québec, Canada). The application provides parking guidance based on the signs captured by the user's device. You may not use this application in any matter or purpose contrary to the Terms.
- Offer its service outside of Montréal (Québec, Canada);
- Assume any responsibility whatsoever regarding the parking sign interpretation, within and outside of Montréal (Québec, Canada);
- Guarantee that the services will provide 100% accuracy, reliability or completeness;
- Guarantee that its services will always be available or be uninterrupted;
- Guarantee the availability of parking spots in the selected area;
- Assume any responsibility for any delays associated with parking;
- Accept any responsibility whatsoever regarding the safety of persons or property (such as the vehicle itself, vehicle’s equipment, personal belongings) in the area selected by you;
- Take into account factors in the environment (including but not limited to road works, construction signs, snow removals, public events, vandalism of parking signs, stickers placed on top of parking signs, etc.) that may affect the parking possibilities in the selected area or the temporary unavailability of parking spots;
- Take into account other applicable regulations, laws, restrictions or rules that may affect the right to park (including but not limited to the presence of fire hydrants, driveways, building entrances, signs on the pavement, direction of the streets, etc.)
Parky.AI is intended to assist users in interpreting parking signs in Montréal (Québec, Canada), but it does not guarantee a total accuracy, reliability or completeness of its services and data, and expressly disclaim any and all warranties, whether express or implied, related thereto. You are solely responsible for verifying the information provided by the application as well as the external environment and complying with all applicable regulations, laws and rules before making any parking decisions. Without limitation to the foregoing, you are responsible for taking the right picture of the sign that is applicable to the parking spot that you wish to use, ensuring that you fall within the delimitating arrows of the sign, parking your vehicle within the designated area or parking spot that is ruled by the sign, parking your vehicle in accordance with applicable regulations, laws and rules, including not blocking any driveways, entrances, fire hydrants or any other prohibited areas. You are responsible for paying any parking fees, if applicable, and displaying any required parking permits or stickers, if applicable.
TO THE EXTENT PERMITTED BY THE LAW, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE APPLICATION OR THE SERVICES IS TO UNINSTALL THE APPLICATION AND TO STOP USING IT. IN NO EVENT WILL PARKY.AI, ITS FOUNDERS, OFFICERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, PARENT OR AFFILIATED COMPANIES, SUCCESSORS, ASSIGNS AND CONTRACTORS BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM THE USE OF THE APPLICATION OR THE SERVICES OFFERED BY THE APPLICATION, INCLUDING BUT NOT LIMITED TO PARKING FINES, PENALTIES, TOWING FEES, IMPOUND FEES, VEHICLE REPAIR FEES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES, OF ANY KIND OR NATURE WHATSOEVER. IN ADDITION, IN NO EVENT SHALL PARKY.AI, ITS FOUNDERS, OFFICERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, PARENT OR AFFILIATED COMPANIES, SUCCESSORS, ASSIGNS AND CONTRACTORS’ TOTAL AND COMBINED LIABILITY TO YOU OR TO ANY OTHER USER EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN THE LAST (6) MONTHS PRIOR TO THE FIRST INCIDENT SUBJECT TO THE CLAIM.
You agree to indemnify us (and our officers, directors, employees, agents or contractors) against (a) any claim made against or suffered by Parky.AI in connection with your use of our services; and/or (b) any breach of these Terms caused by you.
All content, including but not limited to the application’s design, Parky.AI’s name, logo, and source code, shall remain the intellectual property of Parky.AI or its respective owner for third-party intellectual property and is protected by applicable copyright and trademark laws.
We grant to you a non-exclusive, non-transferable, and revocable licence to use the intellectual property rights in relation to the Parky.AI application for the limited, non-commercial purpose of allowing you to access, use and enjoy our services in accordance with these Terms.
Without our prior consent or the prior consent of the respective owner, you shall not use intellectual property related to our services.
You agree not to use Parky.AI for any unlawful or prohibited purposes. You also agree not to interfere with the proper functioning of the application or disrupt the experience of other users.
You warrant that you are entitled to drive and/or operate motorized vehicle for the purposes of which you use our services in accordance with the applicable laws of the country or province that delivered your license.
You agree that you may not use our services for any activities that breach any laws including but not limited to any laws relating to traffic, road safety and the use of a smartphone or other internet enabled device whilst driving, infringement of any party’s rights. Users are solely responsible for complying with all applicable parking and/or driving regulations, ordinances, rules and laws.
Parky.AI reserves the right to terminate your access to the application at any time and for any reason, with or without notice.
Parky.AI may revise these Terms at any time. By continuing to use the application, you agree to be bound by the then-current version of these Terms.
If you use Parky.AI after the free trials, you will be charged by Apple's In App Purchases Subscription, the applicable fees directly to the payment method linked to your Apple account.
Any disputes arising from your use of Parky.AI will be governed by the laws of Quebec (Canada) and resolved in the courts of Québec (Canada), judicial district of Montréal.
Parky.AI’s application use is limited to Montréal, Québec (Canada). Our application accuracy depends on the accuracy of the photos uploaded by you. Parky.AI provides assistance with parking sign interpretation, but cannot guarantee a total accuracy, reliability or completeness and does not exempt users from verifying the information given by the application as well as the external environment and complying with all applicable regulations, laws and rules before making any parking decisions.
Updated: April 25, 2023