Terms & Conditions of Service
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1.0
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Effective date
Jan 15, 2025
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR MOBILE APPLICATION.
In order to access and use our mobile application, including all services and features (“App”) provided by parQlot Tecnologia para Colecoes LTDA. (“parQlot”, “we”, “us”, or “our”), we need to obtain your agreement to our Terms and Conditions of Service ("Terms").
By accessing or using our App, you, on behalf of yourself and any authorized representatives (collectively, the “user” or “you”), acknowledge and agree to be legally bound by these Terms.
About our App
1.1. Our App is designed for miniature car collectors and car culture enthusiasts, offering tools to help you manage your collection, connect with fellow collectors, and explore the fascinating world of miniature cars and automotive culture. With our App, you can seamlessly organize your collection, create and manage wishlists, share your passion with others, and discover unique additions to enhance your hobby.
1.2. To deliver the best experience, we analyze how you interact with our App. This helps us to improve our services, introduce new features, and better understand the needs of our community. When appropriate, we may collaborate with trusted partners and service providers to enhance the functionality of our App.
1.3. Privacy, safety, and security are our top priorities. We are committed to safeguarding your information, ensuring compliance with applicable privacy laws, and maintaining the integrity of our App.
Registration, Fees, User Account and User Information
2.1. Registration for an account on parQlot is free of charge. However, some features, services, or functionalities of our App may require payment of fees, which will clearly be communicated to you before purchase or use.
2.2. If you choose to access or use paid features of our App, you agree to pay all applicable fees and taxes as outlined at the time of purchase or subscription.
2.3. Unless otherwise stated, fees paid for any features or services are non-refundable. We reserve the right to change pricing for paid features or services at any time, but such chances will not affect fees already paid.
2.4. You must be at least 13 years old to register for and use our App (or such greater age required in your country or territory for you to be authorized to register for and use our App without parental approval). In addition to being of the minimum required age to use our App under applicable law, if you are not old enough to have authority to agree to our Terms in your country or territory, your parent or guardian must agree to our Terms on your behalf.
2.5. You can register for or log in to your parQlot account using a third-party provider, such as your Apple or Google account. Additionally, your email address will be used for communication with parQlot and is essential for all contractually relevant correspondence between parQlot and you.
2.6. Your account is strictly personal. You are not entitled without the express consent of parQlot to transfer the profile to a third party.
2.7. You shall in principal be liable for all activities that take place while using your account.
Acceptable use of our App
3.1. When accessing or using our App, you agree to act in good faith, responsibility, and in compliance with these Terms, applicable laws, and regulations. You must not engage in any behaviour that could harm parQlot, other users, or third-parties, or disrupt the functionality or security of our App.
3.2. You agree not to use our App in any way that:
Violates any applicable laws, regulations, or third-party rights, including intellectual property, privacy, or property rights;
Engages in fraudulent, misleading, or deceptive activities, such as impersonating others or misrepresenting your identity;
Disrupts or interferes with the operation, security and/or integrity of the App or its systems, including attempts to gain unauthorized access, introduce malware, or bypass technical restrictions; or
Collects, or uses data obtained or made accessible through the App for unauthorized purposes or any commercial use, including but not limited for creating commercial databases or to supply information.
Third-party Services and Products
4.1. Our App may allow you to access, use, or interact with third-party websites, applications, content, or other products and services. For example, you may be redirected to third-party websites or platforms offering products or services, or you may interact with functionalities that share information between our App and third-party services.
4.1.1. Please note that these Terms and our Data Privacy Policy apply only to your use of our App. When you access or use third-party websites, platforms, products or services, including those integrated with or linked from our App, their terms and privacy policies will govern your use of those products or services.
4.2. We do not control, endorse, or assume responsibility for the content, offerings, products, services, transactions, or practices of third-parties. We encourage you to review the applicable terms and policies of any third-party services before engaging with them.
4.3. We do not facilitate payments or delivery logistics between users and third-parties. All financial transactions, logistics, shipping arrangements, and communications are solely the responsibility of the parties involved. We strongly recommend users to exercise caution and perform due diligence before entering into any agreements with third-parties.
Intellectual property
5.1. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with parQlot. You may not use our copyrights, trademarks (or any similar marks), domains, logos, trade dress, trade secrets, patents, and other intellectual property rights without our explicit prior written consent.
5.1.1. Any trademarks or logos of third-parties that may appear in the App are the property of their respective owners. parQlot does not claim any ownership of such third-party marks and is not endorsed, sponsored or affiliated with these companies unless expressly stated.
5.2. You agree not to:
Copy, modify, distribute, sell, or lease any part of our App or proprietary materials owned by parQlot without our prior written consent;
Reverse-engineer, decompile, or attempt to extract the source code of our software;
Use parQlot`s materials, including but not limited to trademarks, logos, text, images, videos, and software, for any commercial purpose, or for any public display without our prior written consent; or
Remove, alter, or obscure any copyright, trademark, or other proprietary notations from the parQlot`s materials;
5.3. By submitting, posting, or displaying content on or through our App, you grant parQlot a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, modify, publish, and distribute such content solely for the purpose of operating, promoting, and improving our App. This license does not transfer ownership of your content to parQlot. You represent and warrant that you have the necessary rights to grant us this license and that the content you submit does not infringe any third-party rights.
Availability, Term and Termination of our services
6.1. We are always improving our App. That means we may expand, add, or remove our services, features, functionalities, and the support of certain devices and platforms. Our App may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our App, such as events in nature and other force majeure events.
6.2. These Terms remain in effect while you access or use our App. You may terminate your relationship with parQlot at any time by ceasing to use our services and deleting your account.
6.3. We may modify, suspend, or terminate your access to or use of our App anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. We may also disable or delete your account if it does not become active after account registration or if it remains inactive for an extended period of time.
6.4. Upon termination, your right to access and use the App will cease immediately. Any data or content you have submitted to the App may no longer be available, and we reserve the right to delete or retain such data in accordance with our Data Privacy Policy and applicable laws.
6.5. The following provisions will survive any termination of your relationship with parQlot: “Intellectual Property”, "Availability, Term And Termination Of Our Services", "Disclaimers And Release", "Limitation Of Liability", "Indemnification", and "Other".
Data protection
7.1. We care about your privacy. parQlot’s Data Privacy Policy describes our data practices, including the types of information we receive and collect from you, how we use and share this information, and your rights in relation to the processing of information about you.
Disclaimers and Release
8.1. YOU USE OUR APP AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR APP ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR APP WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR APP WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR APP OR THE FEATURES, SERVICES, AND INTERFACES OUR APP PROVIDE. WE DO NOT PRE-SCREEN OR VALIDATE THE CONTENT, PRODUCTS, OR COMMERCIAL OFFERS POSTED ON OUR APP BY THIRD-PARTIES. THEREFORE, WE DO NOT GUARANTEE THAT THE INFORMATION, PRODUCTS, OR COMMERCIAL OFFERS MADE AVAILABLE BY THIRD-PARTIES THROUGH OUR APP ARE CORRECT, ACCURATE, RELIABLE, UP-TO-DATE, APPLICABLE, OR COMPLETE. YOUR RIGHTS WITH RESPECT TO PARQLOT ARE NOT MODIFIED BY THE FOREGOING DISCLAIMER IF THE LAWS OF YOUR COUNTRY OR TERRITORY OF RESIDENCE, APPLICABLE AS A RESULT OF YOUR USE OF OUR APP, DO NOT PERMIT IT.
Limitation of Liability
9.1. PARQLOT WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES (HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, INCLUDING NEGLIGENCE), EVEN IF PARQLOT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR APP WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification
10.1. If anyone brings a claim ("Third-Party Claim") against us related to your actions, information, or content on parQlot, or any other use of our App by you, you will, to the maximum extent permitted by applicable law, indemnify, and hold parQlot harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our App, including information and content provided in connection therewith; (b) your breach of our Terms or applicable law; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Third-Party Claim. Your rights with respect to parQlot are not modified by the foregoing indemnification if the laws of your country or territory of residence, applicable as a result of your use of our App, do not permit it.
Other
11.1. Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding parQlot and our App, and supersede any prior agreements.
11.2. We reserve the right to designate in the future that certain of our services are governed by separate terms (where, as applicable, you may separately consent).
11.3. Our App are not intended for distribution to or use in any country or territory where such distribution or use would violate local law or would subject us to any regulations in another country or territory. We reserve the right to limit our App in any country or territory.
11.4. Our Terms are written in English (United States). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.
11.5. We may amend or update these Terms. We will provide you notice of material amendments to our Terms, as appropriate, and update the "Effective Date" at the top of our Terms. Your continued access or use of our App confirms your acceptance of our Terms, as amended. We hope you will continue using our App, but if you do not agree to our Terms, as amended, you must stop using our App by deleting your account.
11.6. All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. In the event of such an assignment, these Terms will continue to govern your relationship with such third-party. We hope you will continue using our App, but if you do not agree to such an assignment, you must stop using our App by deleting your account after having been notified of the assignment.
11.7. You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.
11.8. Nothing in our Terms will prevent us from complying with the law.
11.9. Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
11.10. If we fail to enforce any of our Terms, it will not be considered a waiver.
11.11. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed amended to the minimum extent necessary to make it enforceable, and if it cannot be made enforceable then it shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions of our Terms, and the remaining portion of our Terms will remain in full force and effect.
11.12. We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.
11.13. We always appreciate your feedback or other suggestions about parQlot and our App, but you understand that you have no obligation to provide feedback or suggestions and that we may use your feedback or suggestions without any restriction or obligation to compensate you for them.
11.14. The laws of the Federative Republic of Brazil govern our Terms, as well any disputes, which might arise between parQlot and you, without regard to conflict of law provisions. The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms, irrespective of the legal grounds, shall be the courts located in the City of São Paulo, State of São Paulo, Brazil. Notwithstanding the foregoing, at our sole discretion, we may elect to resolve any dispute in any competent court in the country where you reside, provided that such court has jurisdiction over the dispute. This clause does not waive any consumer protection rights that may be applicable under the laws of your jurisdiction.