Terms & Conditions
END USER LICENSE AGREEMENT
Last updated March 13, 2023
1. Introduction
Streeto is licensed to You (End-User) by Onrival LLC, for use only under the terms of this License Agreement.
By downloading the Application from the Apple ‘AppStore’ or from Google ‘PlayStore’, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that neither Apple nor Google are not Parties to this License Agreement and are not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Onrival LLC, not Apple and/or Google, is solely responsible for the licensed Application and the content thereof.
All rights not expressly granted to You are reserved.
These Mobile App Standard Terms and Conditions written on this page shall manage your use of our mobile app, Streeto, which is accessible on the Apple App Store and/or Google Play Store.
2. Acceptance
By downloading and using our mobile app, you accepted these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not download or use our mobile app.
3. License to use mobile app
Unless otherwise stated, we or our licensors own the intellectual property rights in the mobile app and material on the mobile app. Subject to the license below, all these intellectual property rights are reserved.
You may download and use our mobile app for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
• redistribute material from this mobile app except for content specifically and expressly made available for redistribution. Where content is specifically made available for redistribution, it may only be redistributed within your organization.
• sell, rent or sub-license material from the mobile app;
• show any material from the mobile app in public;
• reproduce, duplicate, copy or otherwise exploit material on our mobile app for a commercial purpose;
• edit or otherwise modify any material on the mobile app; or
• use our mobile app in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
4. Acceptable use
You must not use our mobile app in any way that causes, or may cause, damage to the mobile app or impairment of the availability or accessibility of the mobile app.
You must not use our mobile app to transmit or send unsolicited commercial communications.
(e) Streeto is not responsible for any losses you incur due to informational or technical errors in the registration process, and will not be liable for any loss or damage you incur as a result of an unauthorized person using your Account, including the use of any personal details you provided in the registration process; and
(f) Streeto reserves the right to suspend or terminate any Account, membership or the Services, without notice and liability to you in the event you have breached, or have threatened directly or indirectly to breach, this Agreement in any respect, or Streeto reasonably believes that you may have violated this Agreement in any respect, as determined by Streeto at its sole and absolute discretion.
You must not use our mobile app for any purposes related to marketing without the express written consent of Streeto.
5. Restricted access
Streeto reserves the right to restrict access to areas of our mobile app, or indeed our whole mobile app, at our discretion and without notice.
If Streeto provides you with a user ID and password to enable you to access restricted areas of our mobile app or other content or services, you must ensure that the user ID and password are kept confidential at all times.
Streeto may disable your user ID and password at any time in its sole discretion without notice or explanation.
6. User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our mobile app, for whatever purpose.
You grant to Streeto a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Streeto the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Streeto or a third party (in each case under any applicable law).
You must not submit any user content to the mobile app that is or has ever been the subject of any threatened or actual legal proceedings or other similar
7. Limited warranties
We do not warrant the completeness or accuracy of the information published on the mobile app; nor do we commit to ensuring that the mobile app remains available or that the material on the mobile app is kept up-to-date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to the mobile app and your use of the mobile app (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
8. Limitations and exclusions of liability
Nothing in these terms and conditions will:
• limit or exclude our or your liability for death or personal injury resulting from negligence;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions:
• are subject to the preceding paragraph; and
• govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the mobile app and the information and services on the mobile app are provided free of charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the mobile app or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
9. Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the mobile app, prohibiting you from accessing the mobile app, blocking computers using your IP address from accessing the mobile app, contacting your internet service provider to request that they block your access to the mobile app and/or bringing court proceedings against you.
10. Variation
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our mobile app from the date of the publication of the revised terms and conditions on the mobile app. Please check this page regularly to ensure you are familiar with the current version.
11. Assignment
You may not transfer, assign, or delegate these terms and conditions or your rights or obligations hereunder, or your mobile app account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these terms and conditions or our rights or obligations hereunder, or our mobile app account, without your consent and without notice to you.
12. Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
13. Entire agreement
These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of the mobile app, and supersede all previous agreements in respect of your use of the mobile app.
14. Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of the United States of America (USA), and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Delaware, USA.
15. User Conduct and Requirements.
In addition to complying with these Terms, you agree to comply with all applicable laws when using Streeto, and you may only access or use Streeto for lawful purposes. You may not access or use the Services to cause nuisance, annoyance, inconvenience, damage, or loss to Streeto, other Streeto Users, or any other party.
16. Communications with Streeto.
By creating an Account, you electronically agree to accept and receive communications from Streeto, Drivers participating with you in a Streeto Agreement, Third-Party Providers or third parties providing services to Streeto including via email, text message, WhatsApp, calls, in-app communications, and push notifications to the telephone number(s) or email addresses you provided to Streeto.
17. Contact information
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact: hello@streeto.io
18. Feedback Policy
We appreciate your feedback. As Streeto respects your rights to your ideas, please do not submit any confidential ideas, information, or suggestions in any form to Streeto or any of its affiliates. For any ideas, information, or suggestions you do submit, regardless of what your communication regarding your submissions says, you understand that your submissions are voluntary and the following terms shall apply to your submissions:
You agree that:
• Your submissions and their contents will automatically become the property of Streeto, without any compensation to you;
• Streeto has no obligation to review your submissions;
• Streeto may implement and distribute any portion of your submissions and their contents for any purpose in any way, without any compensation to you; and
• Streeto has no obligation to keep your submissions confidential.
19. Promotional Codes
Streeto may, in Streeto’s sole discretion, create promotional codes that may be redeemed for Account credit, Streeto Agreement Discounts, Streeto Agreement’s Service Charge Discounts, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Streeto establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Streeto; (iii) may be disabled by Streeto at any time for any reason without liability to Streeto; (iv) may only be used pursuant to the specific terms that Streeto establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Streeto reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Streeto determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
20. Network Access and Devices.
You are responsible for obtaining the data network access necessary to use Streeto. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Streeto does not guarantee that its Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
20. Complaints
If you wish to make a complaint about any matter related to the use of the Site, the Services, the operation of your Account or Streeto, you must notify Streeto in writing through any of the means available to contact Streeto as provided on the Site, including but not limited to, the contact email or the ‘Support’ section inside the Streeto App, with full details of the complaint and allow Streeto a reasonable amount of time to investigate the complaint before giving you a written response.
21. Prices & Charges
Your use of Streeto and your participation in Streeto Agreements may result in charges to you for the services and information you receive from Streeto and/or from other users of Streeto. Streeto will enable your payment of the applicable Charges for services obtained through your use of Streeto. Charges will include applicable taxes where required by law. Further, Charges applicable in certain geographical areas may increase during times of high demand or due to other marketplace factors.
With respect to Streeto Agreements, Charges you incur as a Seeking Driver (or also called ‘Arriving Driver’ when a Streeto Agreement is accepted) will be owed directly to the Leaving Driver, and Streeto will collect payment of those charges from you, on the Leaving Driver’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Leaving Driver. Payment to a Leaving Driver of services shall be considered to occur at the moment you submit payment through Streeto. This payment structure is intended to fully compensate a Leaving Driver, if applicable, for the services and/or information obtained in connection with your use of Streeto
For the avoidance of doubt, Streeto does not charge a fee for you to access the Streeto App, but may charge you a fee or any other Charge for participating in Streeto Agreements or withdrawing funds from your Streeto Account.
As between you and Streeto, Streeto reserves the right to establish or adjust Charges for any or all services obtained through the use of the Services at any time. Streeto will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.
22. Charges
As between you and Streeto, Streeto reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of Streeto at any time in Streeto’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Streeto will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.
Streeto may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel a Streeto Agreement at any time prior to acceptance of the Agreement by the counterpart Driver. If you cancel an Agreement after the other Driver accepted the agreement, you may be charged a cancellation fee and/or have your Streeto Warning Level incremented.
23. Referrals. Termination and changes
Streeto reserves the right to change, end, or pause, in whole or in part, any referral program, as well as any referrer/inviter’s or referee/invitee’s ability to participate in any referral program or receive Referral Rewards at any time for any reason, including suspected fraud (including by either the referrer and/or referee/invitee), abuse, or any violation of these Rules as well as any agreement (if one exists) between you and Streeto or any of its subsidiaries and affiliates. If Streeto ends any referral program, any unused or unredeemed Referral Rewards may be forfeited at that time, provided we give you 14 days of notice to use or redeem your Referral Rewards.
Streeto may update these Rules at any time. If Streeto makes an update, Streeto will post the update on the streeto.io website and applications and provide you notice of the update. Continued participation in any referral program after any update will mean that you have agreed to the update.
24. Indemnity.
You agree to indemnify and hold Streeto and its affiliates and their officers, directors, employees, and agents harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services obtained through your use of Streeto; (ii) your breach or violation of any of these Terms; (iii) Streeto’s use of your User Content; or (iv) your violation of the rights of any third party, including other Users.
25. User Accounts
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You cannot register for or maintain an Account if you have previously been banned from accessing or using the Services. Account registration may require you to submit to Streeto certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method that you are authorized to use and is supported by Streeto. For more information regarding Streeto’s use of your personal information, please see our Privacy Notice. You agree to maintain accurate, complete, and up-to-date information in your Account, including a valid phone number, address and payment method. Except as described below, you must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Unless otherwise permitted by Streeto in writing, you may only possess one Account and you may not assign or otherwise transfer your Account to any other person or entity. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account credentials at all times.
26. Streeto Agreements
(a) Introduction. Leaving Driver. Streeto Agreement.
Streeto allows users to buy and sell information about on-street parking spaces to other Streeto Users through a transaction referred to as a ‘Streeto Agreement’. The user that initiates a Streeto Agreement is called a ‘Leaving Driver’.
To initiate a Streeto Agreement, the Leaving Driver must provide the following information:
• The Vehicle information they are using, including the Brand/Make, model, license plate, color, and type.
• The exact location of the parking space they will be leaving, which will be latter called ‘Streeto Agreement Location’
• A desired minimum price for the information, which will be latter called ‘Streeto Agreement Price’
• Details about the parking space, such as its size and whether it is metered.
When the Leaving Driver confirms, the Streeto Agreement is created and made available to other users, called ‘Seeking Drivers’. It can be canceled with no implication to the Leaving Driver as long as the Streeto Agreement is not yet offered by another user and accepted by the Leaving Driver.
(b) Seeking Driver. Streeto Agreement Offer.
The Seeking Drivers can search for available Streeto Agreements by specifying the Vehicle they are using and the desired location to find a Streeto Agreement that is closed by in terms of distance. The Seeking Drivers will be presented with all close-by available Streeto Agreements and the following related information: the distance to the Streeto Agreement Location (but not the exact location or any identifying information about the Leaving Driver or his/her Vehicle), the Streeto Agreement Price, Size/Metered status of the Parking Space and the reputation of the Leaving Driver.
When a Seeking Driver finds a Streeto Agreement that they are interested in, they can ‘Make an Offer’ to the Leaving Driver, thus accepting in full their side of the Streeto Agreement and all of its details. This includes, the Streeto Agreement Price and the estimated time of arrival and the distance from the current location to the parking space.
(c) Streeto Agreement Offer Evaluation.
The Leaving Driver is then presented with an ‘Offer’ from the Seeking Driver. This includes the information about the Seeking Driver’s distance and estimated time of arrival to the Streeto Agreement Location and its reputation. The Leaving Driver can choose to accept or reject the offer. If rejected, there is no implications to the Leaving Driver. In such case, the Seeking Driver is informed that the Leaving Driver rejected the offer, being able to continue searching for other available Streeto Agreements.
If the Leaving Driver accepts the offer, the Streeto Agreement is formally accepted and both parties are bound to complete it. Thus, the Streeto Agreement is no longer available to other Seeking Drivers. From this moment onwards, the Seeking Driver is now referred to as the ‘Arriving Driver’.
(d) Streeto Agreement Responsibilities.
The Leaving Driver is bound to complete his part of the Streeto Agreement, that includes sharing the exact information about its departure from an on-street parking space (with the provided details about size and metered condition), at an exact physical location, using a specific vehicle (information already provided), to the accepted Driver, waiting until his/her arrival (for a pre-defined estimated time of arrival) and making his/her best to allow him/her to be the first in line to wait at the leaving driver departure. Upon the Arriving Driver arrival, the Leaving Driver should leave the parking space, as stated in the Streeto Agreement. For this information and waiting time, the Arriving Driver will pay the Leaving Driver a Streeto Agreement Price.
The Arriving Driver is bound to complete his part of the Streeto Agreement, that includes arriving on time (within an initial estimated time of arrival) at an exact location, using a specific vehicle (information already provided). Upon arrival, payment must be done, including the Streeto Agreement Price plus a Streeto Service Charge. Confirmation is due when the Leaving Driver departs from the parking space.
(e) Streeto Agreement Accepted. Arrivals confirmation.
Upon acceptance of the Streeto Agreement, both drivers are directed to go to the exact location of the parking space. When a Driver arrives at the Streeto Agreement Location, it is indicated to confirm his/her arrival as well as the other Driver’s arrival. When both drivers confirmed theirs and the counterpart’s arrival, the Seeking Driver has to make payment.
Streeto cannot be held liable for any issues that may arise during the drive to the parking space or while the Drivers are in their vehicles. It is assumed that the Drivers are complying with all applicable traffic and parking laws and regulations.
(f) Streeto Agreement Payment.
The Arriving Driver must then pay the Streeto Agreement Price as well as a Streeto Service Fee. The Streeto Service Fee is currently set at 1.75 USD or 20% of the Streeto Agreement Price, whichever is greater. Streeto, in its sole discretion, may change the Service Fee. The Arriving Driver may have the option to apply a promo code to receive a discount on the Service Fee. In certain circumstances, Streeto may waive the Service Fee if the Arriving Driver has a Pending Compensation.
(g) Streeto Agreement Confirmations.
After the payment is confirmed, the Leaving Driver must confirm that its immediate departure from the parking space. The Arriving Driver must then confirm that the Leaving Driver has actually left the parking space. Upon confirmation, the Streeto Agreement is formally completed. This action marks the end of the Agreement, provided that the Leaving Driver fulfilled its part and the Arriving Driver confirmed it.
Upon completion of the Streeto Agreement, both parties will be asked to confirm and close the Agreement and provide feedback about their experience and about Streeto. They will also be asked to optionally share the app and refer their friends.
(h) Streeto Agreement Reported.
After a Streeto Agreement Offer is accepted by the Leaving Driver, any of both drivers can create Report in case there is any situation that prevents the driver to complete the Streeto Agreement. In that case, Streeto will gather information about the situation, in which it will try to define if the responsibility is on the Leaving Driver or the Seeking Driver, and/or by an external cause or because of a personal reason of the reporting driver. If a Driver reports a situation that lays responsibility on the other driver or on an external cause, Streeto will need proof in the form of photos or video. In such case, the provided information and multimedia files should clearly show the detailed situation included in the report. All Drivers should accept that Streeto’s decision on the report is final. In cases where Streeto finds a Driver or both Drivers responsible, it could apply modifications in the Driver’s Warning Level, which may include negative feedback and/or account suspension or cancelation.
27. Streeto Agreements and Parking Spaces
It is important to note that Streeto involves the buying and selling of information about a leaving driver departure, and does not convey any rights or privileges with respect to the actual parking spaces themselves. The transaction is completed in the moment that the Leaving Driver actually leaves the parking space, and it is not required for the Arriving Driver to obtain the parking space in order to complete the transaction.
While the Arriving Driver is required to pay for the information about the leaving driver departure prior to the Leaving Driver leaving the space, Streeto ensures that the Leaving Driver does not receive the payment until the transaction is confirmed by the Arriving Driver (or his/her omission for 10 minutes after payment and no other confirmation or report). This is because the Streeto Agreement only covers the commitment of the Leaving Driver to leave the parking space at the specified location when the Arriving Driver arrives and pays for the information.
If an Arriving Driver is part of a Streeto Agreement, makes payment, confirms that the Leaving Driver has left the parking space, but then does not park in the space, they are not entitled to a refund. The transaction has been completed correctly, as the Streeto Agreement only covers the commitment of the Leaving Driver to leave the parking space at the specified location when the Arriving Driver arrives and pays for the information and waiting time.
28. Warning Levels
All Drivers start with a warning level of 0. If a Driver cancels an accepted Streeto Agreement, files a problem report that is determined to be their responsibility, files a report stating counterpart responsibility that is rejected by the counterpart, or is reported and accepts responsibility for a problem, they will receive a warning level penalty. Drivers can view their warning level and details about the transactions that led to penalizations in their profile.
Drivers who complete Streeto Agreements correctly can lower their warning level. At the current time, every 3 successful Streeto Agreements will result in a reduction of one warning level. This system allows Drivers to receive a minor warning level increase in the event that they experience a problem and are unable to complete a Streeto Agreement, but still be able to have their warning level lowered by subsequent successful transactions.
If a Driver has many failed transactions that result in a high warning level, their reputation may be penalized. If they are unable to find or seek Streeto Agreements or have a high rejection rate due to their warning level, Streeto is not liable in any way. Higher warning levels may result in a lower priority for finding or seeking Streeto Agreements, account suspension, or account cancellation.
29. Metered Parking
Streeto requires the Leaving Driver to add information about the parking space, including whether the space is metered. The Arriving Driver can see whether a parking space is metered before committing to accept and complete a Streeto Agreement.
Neither Streeto nor the Leaving Driver have any responsibility for the cost or operation of metered parking. If the Arriving Driver decides to park in a metered parking space after completing a Streeto Agreement, they are solely responsible for any costs associated with metered parking and for complying with all relevant transit and parking regulations.
30. Parking Space Information and Use
It is the Arriving Driver’s responsibility to verify the accuracy of the information provided by the Leaving Driver.
Neither Streeto nor the Leaving Driver have any responsibility for the cost or operation of metered parking, or for any parking tickets, fines, or other legal consequences that may arise as a result of the Seeking Driver using the parking space, stopping at the parking space location, or any other driving activity related to a Streeto Agreement.
The Leaving Driver is responsible for complying with all relevant transit and parking regulations while using the parking space and until they leave the space.
Streeto is not responsible for any parking tickets, fines, or other legal consequences that may arise for the Leaving Driver or Arriving Driver as a result of their use of the parking space, street or public space.
31. Termination.
Streeto, in its sole discretion, may immediately terminate these Terms and/or any Services provided by Streeto with respect to you, or generally cease offering or deny access to Streeto or any portion thereof, at any time for any reason.
32. Minors.
Except as described below, the Services are generally not available for use by persons under the age of 18. You may not authorize third-parties to use your Account, and you may not allow persons under the age of 18 to use the Services unless they are accompanied by you or an adult. However, we may offer parents and guardians the ability to create Accounts for their children. If you are a parent or legal guardian, and you allow your child to use the Services, then these Terms apply to you and you are responsible for your child’s activity on the Services. If you are under the age to obtain an Account, you must have your parent or legal guardian’s permission to use an Account and accept any additional terms required in connection with your access and use of the Services as a minor. Please have your parent or legal guardian read these additional terms with you.
33. App Stores
The availability of Streeto may be dependent on the third-party from which you received the license to the Streeto App, e.g., the Apple iPhone or Android app stores (“App Store”). These Terms are between you and Streeto and not with the App Store and Streeto is responsible for the provision of Services as described in these Terms. However, if you downloaded the Streeto App from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. These Terms incorporate by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are the “end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and these Terms, these Terms will control.
34. Ownership, License and Restrictions
The Services and all rights, title, and interest, including all related intellectual property rights therein are and shall remain Streeto’s property or the property of Streeto’s licensors. These Terms are not a sale and do not convey or grant to you any rights in or related to the services provided by Streeto, or any intellectual property rights owned by Streeto, except for the limited license granted above.
Subject to your compliance with these Terms, Streeto grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Streeto App solely in connection with your use of the Services on your personal device; and (ii) access and use any content, information and related materials that may be made available through Streeto, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Streeto and Streeto’s licensors. You agree that you will not use Streeto’s copyrights, trademarks, service marks, or trade dress, aside from use incidental to your use of the Services, without express, written permission from Streeto. This prohibition includes use in domain names, websites, and social media accounts. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Streeto; (iii) decompile, reverse engineer or disassemble Streeto except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of, or which result in, unduly burdening or hindering the operation and/or functionality of any aspect of Streeto; or (vi) attempt to gain unauthorized access to or impair any aspect of Streeto or its related systems or networks.
35. General.
You may not assign or transfer these Terms in whole or in part without Streeto’s prior written approval. You give your approval to Streeto for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Streeto’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Streeto, any Driver or any Third Party Provider as a result of the contract between you and Streeto or use of Streeto’s Services.
In these Terms and Conditions, the words “including” and “include” mean “including, but not limited to”.
36. Disclaimers.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” STREETO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, STREETO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
STREETO DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED OR OBTAINED FROM THIRD-PARTY PROVIDERS IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
STREETO DOES NOT CONTROL, MANAGE OR DIRECT ANY DRIVERS. DRIVERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF STREETO. IF A DISPUTE ARISES BETWEEN YOU AND OR ANY OTHER DRIVER, YOU RELEASE STREETO FROM LOSSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
STREETO DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR DRIVER CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES PRIVIDED BY STREETO. STREETO CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE PRIVIDED SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
STREETO’S USE OF ALGORITHMS IN AN ATTEMPT TO PROVIDE SERVICES OR IMPROVE THE EXPERIENCE OF USERS AND THE SECURITY AND SAFETY OF THE SERVICES DOES NOT CONSTITUTE A GUARANTEE OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED.
37. Limitation of Liability.
STREETO SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF STREETO, EVEN IF STREETO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
STREETO SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY DRIVER, EVEN IF STREETO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. STREETO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND STREETO’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT OTHER USERS OF STREETO (ALSO REFERED AS ‘DRIVERS’) ARE NOT OSTENSIBLE AGENTS, APPARENT AGENTS, ACTUAL AGENTS, OR EMPLOYEES OF STREETO.
THE SERVICES MAY BE USED BY YOU TO HELP YOU INCREASE THE ODDS OF PARKING, BUT YOU AGREE THAT STREETO HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSACTION REGARDING ON-STREET PARKING SPACES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
STREETO SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF NOT FOLLOWING THE PROPER CONDUCT AND ABAID TO THE LOCAL, CITY, STATE AND/OR FEDERAL LAWS AND DRIVING, TRANSIT AND/OR MOBILITY REGULATIONS OR ANY OTHER DRIVING ACTIVITY.
THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, STREETO’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON STREETO’S CHOICE OF LAW PROVISION SET FORTH BELOW.