This website/app (collectively, the "Service") is provided by Flowpark LLC, a limited liability company organized under the laws of the State of New Mexico, USA. The terms "we," "us," "our," and "Flowpark" refer to Flowpark LLC. The terms "You" and "User" refer to visitors and users of the Service.
The Service is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this Service in any manner, you agree to be bound by the Agreement and represent that you have read and understood its terms. Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, you are not authorized to use this Service.
You warrant that you possess the legal authority to enter into this Agreement under the applicable laws and to use the Service in accordance with all terms and conditions herein.
Flowpark believes in protecting your privacy. Any personal information you provide to us during your use of the Service will be used in accordance with our Privacy Policy. Our Privacy Policy forms a part of this Agreement and may be reviewed at our Privacy Policy page.
To use certain features of the Service, you must register for an account. You agree to provide current, complete, and accurate information during the registration process, including, but not limited to, your name, email address, mobile phone number, vehicle license plate number(s), and payment method details. It is your responsibility to maintain the accuracy of this information. Any loss or penalty caused by your failure to provide accurate information is your responsibility.
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Flowpark immediately of any unauthorized use of your account or any other breach of security. Flowpark is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
You agree not to: (a) access, monitor, or copy any content or information from this Service using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission; (b) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (c) "frame," "mirror," or otherwise incorporate any part of this Service into any other website without our prior written authorization; (d) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Flowpark in connection with the Service; or (e) use the Service for any unlawful purpose or in any way that interrupts, damages, or impairs the service or its reputation.
Unless expressly stated otherwise, the services provided by Flowpark (the "Services") are strictly limited to providing a technology platform that enables users to activate, manage, and pay for parking sessions at participating locations, and to process payments on behalf of the owners, operators, or managers of parking facilities (the "Parking Providers").
The Service is intended for users who are at least 18 years of age.
Flowpark does not provide parking services, does not operate or manage any parking facility, does not guarantee the availability of any parking space, and does not enter into any parking, custody, lease, or deposit agreement with the User. Users may only activate the Services after independently locating an available and legally permitted parking space in accordance with all applicable signage, rules, and regulations.
Any payment made through the Services authorizes Flowpark to charge the applicable amount for the parking session but does not relieve the User of the obligation to comply with all parking rules or prevent the issuance of citations, fines, penalties, immobilization, towing, or other enforcement actions by authorities or Parking Providers.
All parking services are provided exclusively by the applicable Parking Providers, who act independently and not as agents of Flowpark. Flowpark assumes no responsibility or liability for the availability of parking spaces, the condition or safety of any parking facility, damage or theft of vehicles or property, personal injury, or any enforcement actions or penalties arising from the User's parking activity.
The User's use of any parking facility is governed solely by the applicable Parking Provider's terms, conditions, rules, and policies, which may include operating hours, pricing, restrictions, and enforcement measures. Such terms shall prevail over any information displayed through the Services.
Without limiting the Services Description above, you activate Flowpark's platform for the activation and payment of parking sessions by using the Flowpark app or website. You are solely responsible for correctly entering all required parking information, including the specific parking location/zone number, vehicle license plate, and parking duration. Incorrect information may result in a parking violation.
Successful payment through the Service does not exempt the User from compliance with parking regulations and does not prevent the issuance of fines or penalties.
Each Parking Provider may establish specific terms and conditions applicable to its individual parking facilities, including but not limited to operating hours, access rules, pricing, maximum stay, vehicle restrictions, and enforcement measures (the "Specific Terms"). Such Specific Terms are made available to the User through the Service in connection with each specific parking location.
The User is responsible for reviewing the applicable Specific Terms prior to parking at each location.
Flowpark does not provide parking services and does not enter into any parking, custody, lease, or deposit agreement with the User. Any parking-related contractual relationship exists exclusively between the User and the applicable Parking Provider.
You acknowledge and agree that Flowpark is an independent platform that facilitates reservation requests and payment transactions between you and the owners, operators, or managers of the parking facilities ("Parking Providers"). Flowpark is not the owner or operator of any parking facility, nor are we an agent for any Parking Provider. We do not provide the physical parking service.
Payment processing may be carried out through one or more independent third-party payment processors. Notwithstanding the foregoing, parking fees are charged to the User through the Flowpark Service on behalf of the applicable Parking Provider, and Flowpark acts solely as a limited-purpose facilitator of such payments.
As such, Flowpark assumes no liability or responsibility for any aspect of the parking service provided by the Parking Provider. All disputes or issues arising from the physical act of parking must be resolved directly between you and the relevant Parking Provider. This includes, but is not limited to, disputes concerning:
Your transaction through Flowpark constitutes a payment facilitation for parking access as granted by the Parking Provider. The service itself is delivered entirely by the Parking Provider, and your use of their facility is subject to their own rules, regulations, and terms.
The User expressly acknowledges and agrees that parking a vehicle entails inherent risks, including but not limited to theft, vandalism, damage, personal injury, fines, penalties, or vehicle removal, all of which are assumed exclusively by the User to the fullest extent permitted by applicable law.
Use of the Service requires a mobile device, wireless data service, and may require text messaging (SMS) capabilities. You are solely responsible for obtaining and paying for these services and any corresponding fees from your mobile carrier, including but not limited to all data and text message charges. Flowpark is not responsible for any overage charges or fees you may incur from your mobile carrier. The Service may not be compatible with all mobile devices or carriers.
Certain payment processing and transaction services may be performed by independent third-party payment processors. While Flowpark facilitates payment transactions through the Service, Flowpark does not control the technical operation of such third-party systems and is not responsible for temporary authorization failures, processing delays, charge reversals, or holds imposed by such providers, except to the extent required by applicable law.
Nothing in this section limits Flowpark's obligations under applicable payment, consumer protection, or refund laws, nor the User's right to seek remedies as required by law.
By creating an account or using the Service, you consent to receive electronic communications from Flowpark in connection with your use of the Service. Such communications may include, without limitation, transactional emails, in-app notifications, push notifications, and SMS or text messages, including confirmations of parking sessions, payment receipts, service-related notices, and account-related communications.
You acknowledge and agree that any notices, agreements, disclosures, or other communications that Flowpark provides to you electronically satisfy any legal requirement that such communications be in writing.
You are responsible for maintaining accurate and current contact information in your account settings. Flowpark shall not be responsible for any failure to deliver notices resulting from outdated, incorrect, or incomplete contact information provided by the User.
Message and data rates may apply to SMS or mobile communications, as determined by your mobile carrier. You may opt out of non-transactional communications at any time through the Service or as otherwise indicated in the applicable message; however, you acknowledge that certain transactional or service-related communications are necessary for the operation of the Service and cannot be opted out of.
The Service may contain links to external third-party websites. Flowpark does not guarantee, approve, or endorse the information or products available on these websites. We do not operate or control and have no responsibility for the information, products, and/or services found on any external sites. Users of the Service assume complete responsibility and risk in their use of any external sites.
All material, data, and information included on the Service (the "Content") are the property of, or licensed to, Flowpark and are protected by international copyright and trademark laws. Any unauthorized use of the Content is prohibited. Copying, transmission, reproduction, posting, or redistribution of the Content is strictly prohibited without the prior written permission of Flowpark.
You agree to defend, indemnify, and hold harmless Flowpark and its affiliates, officers, directors, employees, and agents from and against any claims, causes of action, demands, losses, damages, fines, penalties, or other costs or expenses of any kind, including reasonable legal and accounting fees, brought by third parties as a result of:
Including, without limitation, claims relating to parking operations, enforcement actions, third-party payment processors, or information provided by the User through the Service, except to the extent caused by Flowpark's gross negligence or willful misconduct.
Flowpark may change, add, or delete the terms of this Agreement in its sole discretion where it deems it necessary for legal, regulatory, or technical purposes, or due to changes in the Service. Where required by applicable law, Flowpark will provide reasonable notice of material changes to this Agreement. Your continued use of the Service after such a modification constitutes your acceptance of the updated Agreement.
Flowpark may modify, suspend, or discontinue any aspect of the Service, in whole or in part, at any time; provided, however, that nothing in this Agreement limits any rights or remedies required by applicable law.
THE SERVICE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, FLOWPARK EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLOWPARK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, FLOWPARK'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (I) ONE HUNDRED U.S. DOLLARS (USD $100) OR (II) THE TOTAL AMOUNT PAID BY THE USER THROUGH THE SERVICE IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Flowpark makes no representations or warranties regarding the accuracy, reliability, availability, or functionality of the Service, and does not warrant that the Service will be uninterrupted, timely, secure, or error-free. Nothing in this Agreement shall limit or exclude liability to the extent such limitation or exclusion is not permitted by applicable law. The foregoing disclaimers and limitations of liability form an essential basis of the bargain between the User and Flowpark.
Before initiating arbitration, the User and Flowpark agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement or the Service through an informal dispute resolution process.
Please send a written description of your claim, along with your contact information, to notices@getflowpark.com. Flowpark agrees to review the notice and engage in good faith discussions in an effort to resolve the matter informally.
If the dispute is not resolved within forty-five (45) days of Flowpark's receipt of the written notice, either party may proceed to initiate arbitration in accordance with this Agreement. Completion of this informal dispute resolution process is intended to encourage efficient resolution of disputes and, to the extent permitted by applicable law, is a condition precedent to initiating arbitration.
Failure by either party to participate in good faith in this informal process shall not waive or eliminate any substantive rights or remedies available under applicable law, but may be considered by the arbitrator when allocating costs or fees, where permitted. This informal dispute resolution requirement does not apply to claims that may be brought in small claims court or to requests for injunctive or equitable relief to prevent unauthorized use of the Service or infringement of intellectual property rights.
Except as expressly provided below, any dispute, claim, or controversy arising out of or relating to this Agreement or the Service shall be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") before a single arbitrator, in accordance with the AAA Consumer Arbitration Rules.
This arbitration agreement is governed by the Federal Arbitration Act ("FAA"). To the extent not preempted by the FAA, this Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
The arbitration shall be conducted on an individual basis only, and not as a class, collective, or representative action. Either party may bring an individual claim in small claims court, or seek injunctive or equitable relief to prevent unauthorized use of the Service or infringement of intellectual property rights.
Force majeure: Flowpark will not be held responsible for any delay or failure in performance caused by events beyond our reasonable control.
Waiver: The waiver by any party of any breach of this Agreement will not be construed to be a waiver of any succeeding breach. All waivers must be in writing.
Severability: If any term of this Agreement is found to be unlawful or unenforceable, that clause shall be deemed severable from the remaining clauses, which will remain in full force and effect.
Entire agreement: This Agreement constitutes the entire agreement between the User and Flowpark and shall supersede all other communications between the parties with respect to the subject matter hereof.
For answers to your questions, you may contact us at notices@getflowpark.com.