EULA | ParkZilla

ParkZilla
END USER LICENSE AGREEMENT
(EULA)

PLEASE READ CAREFULLY BEFORE ACCESSING ANY SERVICES OR DOWNLOADING ANY

SOFTWARE FROM THIS WEBSITE OR MOBILE APPLICATION:

This End User License Agreement ("Agreement") is a legal agreement between you ("you" or "User") and ParkZilla, Inc., a California corporation, with its principal place of business at PARKZILLA CORP Corporation 3400 Cottage Way, Ste G2 #30361 Sacramento CA 95825 US ("ParkZilla," "we," "us," or "our"), governing your access and use of:

 The ParkZilla platform, including any associated parking reservation, listing, or navigation services (the "Services");

 Any online software or mobile applications provided as part of or in connection with the Services (the "Software");

 Any content, materials, or documents made available via the Services or Software (the "Documents").

By accessing or using the Services, Software, or Documents, you agree to be bound by the terms of this Agreement. If you do not agree to the terms, do not use or access the Services.

TO ACCESS AND USE THE SERVICES, SOFTWARE, AND DOCUMENTS PROVIDED BY PARKZILLA, YOU MUST HAVE A COMPATIBLE INTERNET-ENABLED DEVICE, SUCH AS A SMARTPHONE OR

TABLET, USING COMMONLY SUPPORTED OR ANDROID DEVICES WITH AN ACTIVE INTERNET CONNECTION. WEB-BASED FEATURES MAY REQUIRE A MODERN WEB BROWSER SUCH AS CHROME, SAFARI, OR EDGE. ADDITIONAL TECHNICAL REQUIREMENTS MAY APPLY FOR CERTAIN FEATURES AND WILL BE DISCLOSED PRIOR TO USE.

IMPORTANT NOTICE TO ALL USERS:

 BY CLICKING “ACCEPT”, INSTALLING, ACCESSING, OR OTHERWISE USING THE

SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT.

THESE TERMS INCLUDE, WITHOUT LIMITATION, DISCLAIMERS AND LIMITATIONS OF

LIABILITY AS SET OUT IN SECTION 5 OF THIS AGREEMENT.

 IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU MUST SELECT “REJECT”

OR CEASE USE. YOU MAY NOT INSTALL, ACCESS, STREAM, OR USE THE SERVICES,

SOFTWARE, OR DOCUMENTS PROVIDED BY PARKZILLA.

[”ACCEPT” BUTTON] [”REJECT” BUTTON]

You should print a copy of this Licence for future reference.

1. LICENCE

1.1 Defined Terms:

The following definitions apply for the purposes of this Licence:

 Authorized Users means individuals who are registered account holders on the ParkZilla platform, including but not limited to parking space owners, renters, event coordinators, and other users who access and use the Services, Software, and Documents under this Licence. These users must agree to ParkZilla’s Terms of Use and are granted permission to use the Services solely in accordance with this Licence and any applicable subscription plan or agreement.

 Beta Features means any component of the Services, Software, or Documents that ParkZilla

designates as a beta test, trial, or similar pre-release version, made available to you for testing

purposes. These features are provided "AS IS" and "AS AVAILABLE," without warranty, and may be subject to limited support, change, or discontinuation at ParkZilla's sole discretion.

 Good Industry Practice means the level of skill, care, diligence, foresight, and operational standards

that would reasonably be expected from a well-managed company providing services similar to

ParkZilla, under similar circumstances.

 Licensee Data means all data submitted by or on behalf of you (the licensee), or generated in

connection with your use of the Services, Software, or Documents. This includes location data,

vehicle information, transaction records, and user submissions, whether hosted on ParkZilla’s

platform or processed externally.

 Platform means the ParkZilla proprietary digital system comprising its website(s), mobile

application(s), back-end software, APIs, data infrastructure, and associated technologies used to

facilitate the discovery, booking, listing, and management of parking spaces and related services.

 Regulated Activity means any activity carried out through the ParkZilla Platform that is subject to

governmental regulation, licensing, registration, or legal compliance obligations under applicable

local, state, or national laws. This includes, but is not limited to:

(a) Listing, renting, or managing parking spaces in jurisdictions that require zoning

approvals, business licenses, permits, or land use compliance;

(b) Operating peer-to-peer or commercial parking services where registration, tax collection,

or reporting obligations apply;

commerce, transportation, or real estate frameworks;

(d) Offering services in areas where digital marketplaces, intermediation platforms, or public

space usage is restricted or regulated.

This does not include use by U.S. Government entities acting solely as end users under commercial

terms, which is addressed separately under Section 10.11, or by municipal or government entities

engaged in metered parking, enforcement, or other civic infrastructure use, which is addressed under

Section 10.12. It is your sole responsibility to determine whether your use of the Services constitutes

a Regulated Activity in your jurisdiction and to ensure full compliance with all applicable legal, tax,

and operational requirements.

 Services refers to the suite of online and mobile-based services provided by ParkZilla, including but

not limited to digital tools and platforms that facilitate parking search, parking space listing,

reservations, bookings, event-based parking coordination, peer-to-peer parking transactions,

navigation assistance, customer support, payment processing, and all related functionalities, whether

accessed via the website, mobile applications, or integrated third-party services.

 Support Services means the standard technical and customer support services provided by ParkZilla or its agents to assist with access, use, maintenance, and troubleshooting of the Services and Software. Support is provided on a commercially reasonable basis via email and in-app messaging. ParkZilla does not guarantee 24/7 response times. Urgent issues, such as payment processing problems or account lockouts, will be prioritized where possible; however, service availability and response times may vary depending on system load, time zones, and operational constraints.

 User Subscriptions refers to the subscription-based or per-use licenses purchased by or on behalf of the Licensee, which entitle specified users to access and utilize the Services, Software, and

Documents, subject to any applicable service tier, usage limits, and additional conditions outlined in

the subscription or order documentation.

 Viruses means any software, code, file, or program intended to interfere with, disrupt, or adversely

affect the operation of hardware, software, networks, or data integrity—including malware,

ransomware, trojans, worms, and any similar malicious code.

 Vulnerability means any identified weakness in software, firmware, or hardware that may be

exploited to compromise the security, availability, or integrity of the Services, Software, or user data.

“Vulnerabilities” shall be interpreted accordingly.

1.2 Licence Grant:

In consideration of the applicable subscription fees and your continued compliance with the terms

of this Licence, ParkZilla grants you a limited, non-exclusive, non-transferable, revocable licence

(without rights of sublicensing) to access and use the Services (including any related Software and

Documents) in the United States, strictly for your internal business or authorized personal use, and only in accordance with this Licence and ParkZilla’s Terms of Use (https://www.parkzilla.ai/terms-and-conditions). You may not access or use the Services in any jurisdiction where such access or use is prohibited by law, subject to sanctions or embargoes, or otherwise restricted. You are solely responsible for ensuring compliance with all applicable local laws and regulations in any jurisdiction where you access or use the Services.

1.3 You shall:

(a) Provide ParkZilla with:

(i) All reasonable cooperation necessary for the administration and enforcement of this

Licence, and

(ii) Access to such information, data, or credentials as may be reasonably required by ParkZilla to deliver, support, or troubleshoot the Services, Software, and Documents, including but not limited to Licensee Data, location identifiers, vehicle registration details, and system configuration settings;

(b) Comply with all applicable local, state, and federal laws, ordinances, and regulations governing

your use of the Services and related activities under this Licence, including those concerning data privacy, vehicle use, location services, and mobile communication;

meet the technical and security specifications required by ParkZilla from time to time to maintain system integrity, compatibility, and service reliability.

1.4 Use of Licensee Data

You shall have sole responsibility for the legality, reliability, integrity, accuracy, and quality of all

Licensee Data submitted to or generated through your use of the ParkZilla Services. You hereby grant ParkZilla a non-exclusive, worldwide, royalty-free license to use, store, reproduce, analyze, and process such Licensee Data solely for the following purposes:

(a) To deliver, operate, and optimize the ParkZilla platform and services, including

facilitating parking reservations, peer-to-peer listings, payment processing, geolocation-based search, and user communication;

(b) For purposes outlined in our Privacy Policy (as referenced in Section 9), such as fraud

detection, usage analytics, technical support, and personalized content or promotions (as permitted by law);

customer service operations;

(d) For other lawful purposes necessary to fulfill our contractual obligations or exercise

rights under this Licence.

1.5 Use of User Subscriptions.

You undertake and agree that:

(a) The number of Authorized Users you designate to access and use the Services shall not

exceed the number of User Subscriptions you have purchased;

(b) A User Subscription is assigned to a specific individual and may not be shared. It may be

reassigned in its entirety to another user if the original user no longer requires access;

Licence, no more than once annually, via physical or remote access to usage reports or reasonable audit tools;

(d) You shall ensure that all users accessing the Services comply with the terms of this

Licence and all applicable laws, and that the Services are used solely for lawful, internal business

purposes;

(e) You agree to comply with all applicable technology control, export, and data usage laws

relevant to your jurisdiction and to ParkZilla’s operational scope in the United States.

1.6 Beta Features.

(a) ParkZilla may, at its sole discretion, offer certain components of the Services, Software,

or Documents as Beta Features to Users for testing and feedback purposes.

(b) Beta Features are provided "AS IS" and "AS AVAILABLE," without warranty of any kind. The use of Beta Features is entirely at the User's risk, and ParkZilla disclaims any guarantees regarding the performance, reliability, or availability of these features.

(c) Users acknowledge that Beta Features may contain bugs, errors, or other issues that could cause interruptions or malfunctions. ParkZilla is not obligated to provide support for Beta Features or to implement any feedback received from Users.

(d) ParkZilla reserves the right to modify, suspend, or discontinue Beta Features at any time without notice. Users will not have any claim or entitlement to continued access or usage of Beta

Features.

(e) Any feedback or suggestions provided by Users regarding Beta Features shall be considered non-confidential and may be used by ParkZilla without restriction.

(f) Users agree not to disclose any information related to Beta Features to any third party

without ParkZilla’s prior written consent.

2. RESTRICTIONS

2.1 License Restrictions

Except as expressly permitted in this License or as required by applicable law, you shall not:

(a) Copy, modify, duplicate, create derivative works of, reverse engineer, decompile, disassemble, mirror, republish, download, display, transmit, or distribute any part of the ParkZilla platform, including the Services, Software, or Documents, in any form or by any means, except as specifically authorized by ParkZilla.

(b) Access or use any part of the Services, Software, or Documents in order to build or promote a product or service that is competitive with ParkZilla or uses its proprietary features without prior written consent.

(c) Use the Services, Software, or Documents to provide services to third parties, except where explicitly permitted by ParkZilla under an approved partnership or integration agreement.

(d) Sell, rent, lease, sublicense, assign, distribute, disclose, or make available the Services, Software, or Documents to any third party other than to Authorized Users acting on your behalf.

(e) Attempt to bypass, circumvent, disable, or otherwise interfere with any security features, rate-limiting tools, or access restrictions implemented within the ParkZilla platform.

(f) Facilitate or assist any unauthorized person or entity in accessing the Services, Software, or Documents or engage in scraping, data mining, or similar automated data extraction.

2.2 Platform Use Restrictions

You agree not to use the Services, Software, or Documents to:

(a) Distribute or introduce any virus, worm, Trojan horse, malicious code, or

vulnerability that may impair, damage, or compromise the integrity, performance, or security of the

platform, users, or ParkZilla’s infrastructure.

(b) Upload, publish, transmit, or disseminate any content or data that:

 Is unlawful, threatening, abusive, defamatory, libelous, obscene, pornographic, profane, or otherwise objectionable;

 Encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any law;

 Violates any intellectual property, privacy, publicity, or contractual right of another;

 Includes spam, phishing attempts, unsolicited advertisements, or

automated bulk messages;

 Harasses or harms individuals based on protected characteristics such as race, gender, religion, sexual orientation, or disability.

(c) Attempt to gain unauthorized access to any system, network, or data associated with ParkZilla or interfere with the use of the Services by others.

(d) Use the ParkZilla platform for unlawful purposes or in violation of any

applicable laws, including U.S. federal and state data privacy and consumer protection laws.

2.3 Geo Limitations

(a) You may not access or use the Services in any jurisdiction where such access is

prohibited by local law, regulation, or government restriction. This includes any region where the

operation or use of online platforms like ParkZilla is restricted, suspended, or requires prior authorization from governmental authorities.

(b) It is your sole responsibility to ensure that your use of the Services, including

listing, reserving, or accessing parking spaces, complies with all applicable local, regional, and national laws in the jurisdiction where you reside or operate. ParkZilla disclaims any liability arising from unauthorized or unlawful access or use of the Services in restricted jurisdictions.

location where continued operation would be unlawful, impractical, or expose the company to legal or

regulatory liability.

2.4 Enforcement Rights

ParkZilla reserves the right to:

(a) Immediately suspend or terminate your access to the Services if a breach of this

Section occurs and is not cured within thirty (30) days of written notice (or immediately if the breach

involves security, data integrity, or unlawful activity);

(b) Take legal action to recover damages or injunctive relief, where appropriate;

3. INTELLECTUAL PROPERTY RIGHTS

3.1 You acknowledge that all intellectual property rights including the ParkZilla Trademark,

in the Services, Software, Platform, and Documents anywhere in the world belong to ParkZilla or its

licensors. The rights in the Services, Software, Platform, and Documents are licensed (not sold) to you, and you have no rights in or to them other than the limited right to use them in accordance with this Licence.

3.2 You acknowledge that you have no right to access any Software or Platform in source

code form.

4. LIMITED WARRANTY

4.1 We warrant that, for the duration of your active subscription and provided you receive

Support Services:

(a) The Services and Software, when properly used and on a compatible operating

system and device, will perform substantially in accordance with the functionality described in the

applicable Documents; and

(b) The Documents accurately reflect the functionality of the Services and Software in all material respects.

4.2 If you notify us in writing of any defect or fault in the Services or Software that results in

a material deviation from the descriptions in the Documents, and such fault is not due to misuse, third-party integrations, or breach of this Licence, we will, at our sole discretion, either repair or replace the defective component, provided you furnish us with all necessary information to reproduce and assess the issue.

4.3 This warranty does not apply:

(a) If the defect or fault arises from your use of the Services, Software, or

Documents in a manner not permitted by this Licence;

(b) If you have not implemented applicable updates, fixes, or guidance issued by

ParkZilla;

third-party software or services.

4.4 Except as expressly set forth above, the Services and Software are provided "AS IS," and

to the maximum extent permitted by law, ParkZilla disclaims all other warranties, express or implied,

including any warranties of merchantability, fitness for a particular purpose, or non-infringement.

5. DISCLAIMERS AND LIMITATIONS OF LIABILITY

5.1 You accept responsibility for the selection of the Services to achieve your intended results

and acknowledge that the Services, Software, and Documents have not been developed or designed to meet or support any individual requirements you have, including any particular cybersecurity

requirements you might be subject to, or any Regulated Activity that you may be engaged in, including

the provision of an online intermediation service, an online search engine, or a platform that facilitates

location-based parking solutions. ParkZilla does not provide legal, tax, financial, or regulatory advice. It

is your sole responsibility to ensure that your use of the Services, including listing or using parking

spaces, complies with all applicable local, state, and national laws and regulations, including any trade

restrictions, sanctions, or embargoes that may apply in your jurisdiction. You are strongly advised to

consult qualified legal, tax, or regulatory professionals to assess your specific obligations. If you use the Services for any Regulated Activity, you agree to comply with all applicable requirements and shall

indemnify, defend, and hold ParkZilla harmless from any claims, penalties, or liabilities arising from your failure to comply.

5.2 We only supply the Services, Software, and Documents for internal business use, and you

agree not to use them for resale or other unauthorized purposes.

5.3 To the maximum extent permitted under applicable law, in no event shall ParkZilla, its

affiliates, licensors, service providers, employees, contractors, officers, or directors be liable to you or any third party for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages of any kind arising out of or relating to:

 your access to or use of, or inability to access or use, the platform;

 any errors, omissions, or inaccuracies in any content made available on or through

the platform;

 any unauthorized access to or use of our servers or any personal or financial

information stored therein;

 any interruption or cessation of transmission to or from the platform;

 any bugs, viruses, trojan horses, or the like that may be transmitted by or through the

platform by any third party;

 your reliance on any information obtained through the platform or any linked website;

 or any other matter relating to the platform, these terms, or our services.

This includes, but is not limited to, personal injury, emotional distress, loss of profits, loss of revenue, loss of business opportunity, loss of goodwill, or loss of use, whether based in tort (including negligence), contract, or any other legal theory, even if we have been advised of the possibility of such damages.

5.4 Notwithstanding anything to the contrary, the total liability of ParkZilla to you for all

claims shall in no shall in no event exceed one hundred U.S. dollars ($100.00 USD).

5.5 Some jurisdictions do not allow the exclusion or limitation of liability for certain

damages. In such cases, ParkZilla’s liability shall be limited to the maximum extent permitted by

applicable law.

6. TERMINATION

6.1 We may terminate this Licence immediately by written notice to you if you commit a

material or persistent breach of this Licence which you fail to remedy.

6.2 On termination for any reason:

(a) all rights granted to you under this Licence shall cease;

(b) you must immediately cease all activities authorized by this Licence; and

(c) you must immediately and permanently delete or disable any integrations, API connections, or interfaces to the ParkZilla Services from all devices and systems in your possession or control. You must also destroy, delete, or return to us (at our discretion) all copies of the Software and any associated Documents, whether in physical or digital form. If you delete or destroy such materials, you must certify in writing that you have done so.

7. COMMUNICATIONS BETWEEN US

7.1 We may update the terms of this Licence at any time by providing notice to you in

accordance with this Section 7. Your continued access or use of the ParkZilla platform, services, or any associated features following such notice shall constitute your acceptance of the updated terms. If you do not agree to the updated Licence terms, you must immediately discontinue use of the platform and related services upon receipt of such notice.

7.2 If we need to contact you, we will do so via email sent to the address associated with

your ParkZilla account, or by pre-paid post if you have provided a valid mailing address at the time of

registration. We may also contact you through in-app messaging or phone call where appropriate.

Support-related inquiries may be handled through our standard customer service channels, including

email and in-app chat, as outlined in our Support Services definition.

7.3 Any notice:

(a) sent by us will be deemed received and properly served 24 hours after it is

published on our platform or website, 24 hours after an email is sent, or three business days after

being posted by mail;

(b) sent by you will be deemed received 24 hours after the email is sent, or three

business days after postal dispatch.

7.4 For purposes of proving service:

(i) in the case of website posting, it is sufficient to show that the content was

publicly accessible on our platform for 24 continuous hours;

(ii) in the case of post, it is sufficient to prove proper addressing, postage, and mailing;

(iii) in the case of email, it is sufficient to show the email was sent to the designated

contact address associated with the account or published by ParkZilla for such communications.

8. EVENTS OUTSIDE OUR CONTROL

8.1 We will not be liable or responsible for any failure or delay in the performance of any

obligation under this Licence that is caused by an Event Outside Our Control.

8.2 An "Event Outside Our Control" means any act, event, omission, or accident beyond our reasonable control, including without limitation:

 Failure of public or private telecommunications or cloud infrastructure,

 Acts of God, flood, fire, storm, earthquake, pandemic, or other natural disasters,

 War, threat of war, acts of terrorism, civil commotion, or governmental restrictions,

 Labor disputes or strikes by third parties,

 Service interruption or delays caused by third-party platforms, networks, or payment

processors.

8.3 If an Event Outside Our Control affects the performance of our obligations:

(a) our obligations will be suspended for the duration of the Event Outside Our

Control, and the time to perform such obligations will be extended accordingly;

(b) we will use reasonable efforts to resume performance or find an alternative

means of fulfilling our obligations.

9. HOW WE MAY USE YOUR PERSONAL INFORMATION

9.1 We are committed to handling your personal information in accordance with applicable

data protection laws, including but not limited to the California Consumer Privacy Act (CCPA) and other relevant U.S. state laws.

We collect, use, and store your personal data to operate and provide the ParkZilla

Services. This includes processing for:

 account registration and authentication,

 payment processing,

 geolocation services for parking access and navigation,

 customer support and communications,

 personalized user experience and advertising.

9.2 Detailed information about our data practices, your rights (such as access, correction, and

deletion), and how to exercise them is provided in our [INSERT LINK OF PRIVACY POLICY]. Please

review it carefully to understand how your data is handled.

10. OTHER IMPORTANT TERMS

10.1 Assignment by ParkZilla. We may assign or transfer our rights and obligations under

this Licence to another entity or affiliate, provided such assignment does not materially affect your rights under this Licence.

10.2 Assignment by User. You may not assign or transfer any of your rights or obligations

under this Licence to any third party without our prior written consent.

10.3 Entire Agreement. This Licence (together with any documents expressly incorporated

by reference) constitutes the entire agreement between you and ParkZilla with respect to the subject

matter hereof and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding such subject matter.

10.4 No Reliance on External Representations. You acknowledge and agree that, in entering

into this Licence, you have not relied upon any statement, promise, or representation made or given by or on behalf of ParkZilla which is not expressly set out in this Licence or our Terms of Use.

10.5 Waiver of Claims for Reliance. You waive any claim you might otherwise have for

reliance on or breach of any such representation not explicitly included in this Licence.

10.6 Written Waiver Requirement. Any waiver of any provision of this Licence will be

effective only if in writing and signed by the party against whom the waiver is sought to be enforced. No waiver of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.

10.7 No Waiver by Delay. No failure or delay in exercising any right, power, or privilege

under this Licence shall operate as a waiver thereof, nor shall any single or partial exercise thereof

preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.

10.8 Severability. If any provision of this Licence is held to be invalid, illegal, or

unenforceable under applicable law, the remaining provisions shall continue in full force and effect.

10.9 Governing Law And Jurisdiction. This Licence and any dispute arising out of or related

to it (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. You and ParkZilla IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL

COURTS LOCATED IN KINGS COUNTY, CALIFORNIA for resolution of any dispute, claim, or

controversy arising from or relating to this Licence or its breach.

10.10 Language. This Agreement is written in English, and any translation into other languages

is provided for convenience only. In the event of any inconsistency, ambiguity, or conflict between the

English version and a translated version, the English version shall control and prevail in all respects.

10.11 U.S. Government Users. If you are accessing the platform on behalf of a U.S.

Government entity, you acknowledge that the Services, Software, and Documents are provided as

“commercial items” as that term is defined in FAR 2.101. Use of the Services is governed solely by the

terms of this Agreement and applicable commercial license terms. ParkZilla does not accept additional government terms, clauses, or conditions unless expressly agreed to in writing by an authorized representative.

10.12 Municipal and Government Entities. If you are a municipal agency, public authority, or

other government entity using the ParkZilla platform for metered parking, parking enforcement, or other civic infrastructure-related purposes, additional terms may apply to your use of the Services. Such terms will be defined in a separate written agreement between your entity and ParkZilla. These terms shall apply unless otherwise agreed in writing. For municipal or agency-specific inquiries or partnership requests, please contact us at info@parkzilla.com.

10.13 Feedback and Suggestions. Any feedback, ideas, or suggestions you submit to ParkZilla

regarding the Services, Software, or Platform may be used by ParkZilla for development, improvement, or commercialization purposes without compensation or attribution. You grant ParkZilla a non-exclusive, perpetual, irrevocable, transferable, sublicensable, worldwide, and royalty-free license to use, reproduce, modify, publish, translate, distribute, and otherwise exploit such feedback in any form or medium.

10.14 Order of Precedence. To the extent of any conflict among documents covering

your use of the Services:

(a) a duly executed Order Form or municipal or enterprise agreement (if any) controls; then

(b) the Terms of Use (including Sections 6 and 7); then

(d) any help centre or marketing materials.

***

ParkZilla END USER LICENSE AGREEMENT (EULA)

ParkZilla
END USER LICENSE AGREEMENT
(EULA)