Terms and Conditions

1. Scope

These Terms and Conditions (T&C) apply to the use of the mobile application "prken." (hereinafter referred to as "App"), which is operated by prken.. By registering and using the App, you agree to these T&C.

2. Services

2.1. prken. offers a mobile application that provides various features to facilitate parking. These include sharing and receiving GPS data, uploading and viewing images, and finding and rating parking spaces.

2.2. The App enables users to interact with each other and earn points through various activities within the App. These gamification elements promote user engagement and lead to an individual score reflecting a user's activity and contributions.

2.3. Users have the opportunity to categorize and rate uploaded images and other content. These features help improve data quality and relevance, assisting other users in making better decisions regarding available parking spaces.

2.4. The App is suitable for both private individuals and businesses. It supports a wide range of applications, from daily parking searches to managing fleet vehicles and company-owned parking spaces.

2.5. prken. provides continuous updates and improvements to the App to optimize user experience and offer new features based on user feedback and technological advancements.

2.6. By using the App, users can also benefit from special offers and services provided by prken. or partner companies. This may include discounted parking options, exclusive services, or other incentives.

2.7. prken. ensures that the App operates on a secure and reliable platform, providing regular security updates and technical support to ensure stable and secure use.

3. Access Requirements and Registration

3.1. Age and Access Requirements

To use the prken. services under these terms and conditions and to access content, (1) you must be 18 years or older, (2) you must be capable of entering into a legally binding contract with us and not be prevented from doing so by applicable legal regulations, and (3) you must be a resident of US, CA, EU, CH, GB, NO. You also assure that all information you provide to prken. during registration is true, accurate, and complete and you agree to keep this information accurate at all times.

3.2. Creating a prken. Account

You may need to create a prken. account to use the prken. services in whole or in part. Your username and password are for your personal use only and should be kept confidential. You acknowledge that you may be responsible for any authorized use of your username and password in connection with the prken. services as well as for any unauthorized use that you could have prevented by exercising due care. In case of loss or theft of your username or password, or if you suspect that a third party has unauthorized access to your account, please notify our customer service immediately and change your password as soon as possible.

4. Use of the App

4.1. The user may only use the App within the legally permissible scope and in accordance with these T&C. Any misuse of the App is prohibited. Misuse includes, but is not limited to, using the App for illegal purposes, uploading illegal content, and violating the rights of third parties.

4.2. Uploading images and sharing GPS data must always comply with applicable law and the rights of third parties. The user agrees not to upload any content that infringes copyright, personal rights, data protection regulations, or other protective rights.

4.3. prken. reserves the right to delete content that violates these T&C without prior notice. This also includes content that prken. deems inappropriate, offensive, illegal, or otherwise harmful at its sole discretion.

4.4. The user is solely responsible for all content they upload to or publish via the App. prken. assumes no liability for content provided by users.

4.5. prken. reserves the right to temporarily or permanently suspend access to the App at any time, particularly in the event of violations of these T&C, technical issues, or security concerns.

4.6. prken. may modify, extend, or discontinue the App at any time without prior notice. The user has no entitlement to the continuous availability of specific features of the App.

5. Data Protection and Data Processing

prken. collects, processes, and uses users' personal data as necessary to provide the prken. services. prken. is committed to complying with the legal requirements of the Swiss Data Protection Act (DSG) and, where applicable, the EU General Data Protection Regulation (GDPR).

5.1 Data collected

The data collected includes, in particular:

• GPS data of the user to determine and display parking spaces.
• Uploaded images of parking spaces.
• Registration data such as name, email address, and password.
• User data related to interaction and gamification (e.g., collected points, ratings).
• Usage data for analyzing and improving the App.

5.2 Processing purposes

The processing of personal data is exclusively for the following purposes:

• Providing and improving the prken. services.
• Determining and displaying parking spaces.
• Analyzing the use of the prken. services to improve user-friendliness.
• Managing and displaying user scores and interaction data.
• Fulfilling legal requirements.

5.3 Data Use by Third Parties

prken. does not share personal data with third parties without the explicit consent of the user, unless it is necessary to fulfill legal obligations or enforce prken.'s rights, particularly to enforce these T&C.

5.4 Data Transfer and Processing

prken. may engage service providers to assist in providing the prken. services. These service providers may only process personal data on our behalf and in accordance with our instructions. prken. ensures that all service providers implement appropriate technical and organizational measures to protect personal data.

5.5 User Rights

Users have the right to request information about their stored personal data at any time. Users also have the right to rectify, delete, and block their personal data. Requests should be directed to the contact address provided on this page. Users also have the right to request the restriction of the processing of their personal data and the right to data portability, where technically feasible.

5.6. Security Measures

prken. implements technical and organizational security measures to protect the data stored by prken. against accidental or i ntentional manipulation, loss, de- struction, or unauthorized access. This includes, among other things, the encryption of sensitive information, regular security checks, and employee training on data protection regulations.

5.7. Retention and Deletion

prken. stores personal data only as long as necessary to fulfill the purposes for which it was collected or as required by law. After the retention periods expire, the data is deleted or anonymized in accordance with legal requirements.

5.8. Data Protection Officer

prken. has appointed a Data Protection Officer responsible for monitoring compliance with data protection regulations. The Data Protection Officer is available to users for all questions regarding data protection and can be contacted via the contact details provided in the imprint.

5.9. Changes to the Privacy Policy

prken. reserves the right to change the privacy policy at any time. Changes will be communicated to users in an appropriate manner. If the user does not object to the amended privacy policy within four weeks of notification, the changes will be deemed accepted. Further information on data protection is contained in prken.'s privacy policy, which is an integral part of these T&C. The user is expressly informed that the use of the App requires consent to the processing of personal data in accordance with prken.'s privacy policy.

6. Liability

6.1. prken. is fully liable for damages caused by intentional or grossly negligent conduct by prken., its legal representatives, or agents. This includes both direct and indirect damages, including lost profits and intangible damages.

6.2. Slight negligence

a) for damages resulting from injury to life, body, or health, and b) for damages resulting from the breach of an essential contractual obligation, but limited to the foreseeable, contract-typical damages. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the user regularly relies.

6.3. The limitations of liability arising from section 6.2 also apply to persons whose fault prken. is responsible for under statutory provisions. They do not apply if prken. has fraudulently concealed a defect, assumed a guarantee, or for claims under the Product Liability Act.

6.4. prken. assumes no liability for the accuracy, completeness, and timeliness of content uploaded by users or for GPS data and images provided by users. prken. is not responsible for the loss or damage of data unless it is due to intentional or grossly negligent conduct by prken.

6.5. prken. is not liable for the uninterrupted availability of the App. In particular, maintenance work, security or capacity issues, and events beyond prken.'s control (e.g., disruptions of public communication networks, power outages, natural disasters) may lead to temporary disruptions or the temporary suspension of services.

6.6. The user indemnifies prken. from all third-party claims arising from the illegal use of the App by the user or with their consent. The user also assumes the costs of necessary legal defense by prken., including all court and attorney fees at the statutory rate.

6.7. prken. is not liable for the accuracy, completeness, and timeliness of user-provided content and assumes no liability for losses or damages caused by data loss or incomplete or inaccurate data, unless they are due to intentional or grossly negligent conduct by prken.

6.8. prken. is entitled to temporarily or permanently suspend access to the App at any time, particularly in the event of violations of these T&C, technical issues, or security concerns.

6.9. The user indemnifies prken. from all claims arising from the illegal use of the App. This includes the costs of necessary legal defense.

7. Intellectual Property

7.1. All rights to the App and the content provided by prken., including all texts, images, graphics, logos, software, and databases, are owned by prken. or its licensors. These contents are protected by copyright, trademark, and other protective rights.

7.2. prken. grants the user a simple, non-transferable, and revocable right to use the App. This right of use is limited to the duration of the use of the App and automatically ends with the termination of the user relationship.

7.3. The user may use the App and the content provided by prken. exclusively for personal, non-commercial purposes. Any use beyond this, especially reproduc- tion, distribution, public display, or editing of the content, is prohibited without the express written consent of prken.

7.4. The user grants prken. a free, non-exclusive, unlimited right to use the images and data uploaded by the user within the App. This includes, in particular, the right to store, reproduce, distribute, edit, and publicly display the content.

7.5. The user assures that they have all necessary rights to the content they upload and that the use of this content does not infringe the rights of third parties. The user indemnifies prken. from all third-party claims arising from the breach of this assurance.

7.6. In the event of a violation of prken.'s or third parties' intellectual property rights by the user, prken. reserves the right to temporarily or permanently block the user's access to the App and to take legal action.

8. Changes to These Terms

We may occasionally make changes to the agreement for legitimate reasons, such as improving existing functions or features or adding new functions or features to the prken. services, implementing scientific and technical advancements, or making reasonable technical adjustments to ensure the functionality or security of the prken. services, as well as for legal or regulatory reasons. If we make changes to the agreement that may affect the ongoing contractual relationship between you and us, we will notify you in an appropriate manner in advance, such as by displaying a prominent notice, sending you an email, or asking for your consent within the prken. services. This notice will contain information about the planned changes and your right to object to these changes, as well as where to send the objection and the consequences if you do not object. The changes are deemed accepted if you do not object within 30 days. When applying this procedure, we will not make any changes that significantly affect the contractual balance between the prken. services and the consideration you may have provided for them. If you do not wish to continue using the prken. services under the new version of the agreement, you may terminate your account by contacting us.

9. Termination of the User Relationship

9.1 Account Deletion by the User

9.1.1. The user has the right to delete their account at any time without stating reasons. The user can use the corresponding function within the App or send a written request to prken.'s customer support.

9.1.2. After deleting the account, all personal data of the user will be deleted or anonymized in accordance with legal requirements, as far as technically possible and legally permissible. However, it may take some time for all data to be completely removed from all systems.

9.1.3. The user is advised that deleting the account will irretrievably lose all stored data, points, and ratings, which cannot be recovered. The user is therefore requested to ensure that they have backed up all desired data before deletion.

9.2. Termination by prken

9.2.1. prken. reserves the right to terminate the user relationship without notice if the user violates essential provisions of these T&C. This includes, but is not limited to, misuse of the App, infringement of third-party rights, or providing false registration data.

9.2.2. Before terminating without notice, prken. will usually warn the user of the violation and grant a reasonable period to remedy the violation. However, in case of serious or repeated violations, prken. may take immediate action.

9.2.3. In the event of termination by prken., the user's personal data will also be deleted or anonymized in accordance with legal requirements, as far as technically possible and legally permissible.

9.2.4. prken. will endeavor to inform the user of the reasons and corresponding measures in the event of termination by prken., unless legal or security reasons prevent this.

9.3. General Provisions

9.3.1. Upon termination of the user relationship, whether by the user or by prken., the user's right to use the App ends immediately. Access to the App and all related services will be blocked.

9.3.2. prken. reserves the right to retain all relevant data as necessary to fulfill legal obligations or resolve disputes.

9.3.3. For questions regarding account deletion or termination of the user relationship, prken.'s customer support is always available to assist the user in clarifying any open issues.

10. Applicable Law and Jurisdiction

10.1. Swiss law applies.

10.2. The exclusive jurisdiction for all disputes arising from or in connection with these T&C is the seat of prken..

11. Severability

Should any provision of these T&C be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision will be replaced by a legally permissible provision that comes closest to the economic purpose of the invalid provision.