PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THESE SERVICES. BY ACCESSING AND USING THESE SERVICES, YOU UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS AND FURTHER ACKNOWLEDGE, IF APPLICABLE, THAT YOU HAVE THE AUTHORITY, TO LEGALLY BIND THE BUSINESS ENTITY OR ORGANIZATION YOU REPRESENT, IF ANY TO WHICH YOU SERVE AS AN AGENT, INDEPENDENT CONTRACTOR OR EMPLOYEE THEREOF, TO THE SAME TERMS, AND SUCH TERMS SHALL TAKE EFFECT IMMEDIATELY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT PROCEED ANY FURTHER AND NOT USE THIS SERVICE. 

Section 1 – Definitions  

You/Your: means you, as an individual using the Services for Your own private or business needs as per described in these Terms.

1. 1. Service(s): means the complete ParkNYC technological solution that enables You to have access to the ParkNYC App.
   2. Parkeon Inc. dba Flowbird– Refers to Parkeon, Flowbird and its subsidiaries and affiliates collectively referred to as Flowbird that provide the ParkNYC solution for the payment of metered parking.
   3. Terms: means the present Terms amended from time to time and the potential Supplemental Terms applicable to dedicated Services.
   4. Supplemental Terms: means any additional, specific applicable terms that you may have to accept from time to time related to Services & Products.
   5. App: means the NYCDOT ParkNYC parking payment mobile app. The NYCDOT is entitled, at any time to change the Service in whole or in part make new features available or to discontinue some features.
   6. Account: means the personal user account You or Your Administrator might create for You to be able to request the Service to use for Your private use and if declared as such, for Your professional use.
   7. Administrator: means the representative of Your employer and/or company that may create an Account You can have access to. You confirm You have been made aware and would comply with Your employer and/or company internal policies regarding the usage of the Service for business purposes.

Section 2. General Terms and Conditions of Use

These Terms and Conditions (“Terms”) set for a legally binding agreement between you and the New York City Department of Transportation (“NYCDOT”) and Parkeon Inc. and its corporate affiliates, subsidiaries and divisions as may change from time to time. These Terms govern Your access to ParkNYC, NYCDOT’s Mobile Parking Payment Service, administered on behalf of NYCDOT by Parkeon Inc. and all related websites, mobile application, Integrated Voice Response (“IVR”) systems, related payment systems and any other services products provided by the ParkNYC Service and system. These services are provided by Parkeon Inc, who is acting as an intermediary to the NYCDOT and acknowledge that such services are provided by Parkeon Inc. and not by NYCDOT. By accessing and using this Services, you accept all the terms, conditions and agree to be bound by the terms that govern the use of the system.

To use the service, you must agree to all Terms and Conditions and register as either an individual or in the case of an organization or entity, you represent and warrant that You are authorized to agree to these terms on behalf of the entity. These services are only available to individuals of age to legally hold a driver’s license and in accordance with applicable local, state, and federal legislation. 

Furthermore, these terms and conditions supersede any prior agreements and terms as set forth previously as part of the ParkNYC Powered by Parkmobile, LLC or previous service providers. 

You acknowledge that You are always and remain free to use or not to use the Service.

The collection and use by the NYCDOT of personal information in connection with the Service as provided in the ParkNYC Privacy Policy. As set forth in the privacy policy, you acknowledge, consent and agree that Parkeon Inc. may provide such information necessary to enforce the provisions of the privacy policy and as required to enforce our terms, including investigation of potential violations or fraud, if there is a complaint, dispute, conflict and only if such information or data is necessary to resolve the complaint, dispute, or conflict.

Section 3 – Modifications to Terms and Conditions 

The NYCDOT may amend the Terms from time to time. Amendments will be communicated to You. Unless otherwise specified in the said information notice, and except otherwise required by the law the amended Terms will be effective immediately. In this regard, Your continued access to and use of the Service after the NYCDOT provides such notice will confirm Your acceptance of the changes. If You do not agree to the amended Terms, you must stop accessing and using the Services. If required by law, you would be requested to accept those amendments before accessing and/or using the Service.

Section 4: Use of the ParkNYC Service

As part of Your use of the ParkNYC Service, you agree to access and use ParkNYC only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules, and regulations pertaining to Your use of ParkNYC. By accessing ParkNYC, you agree that you will not:

• use ParkNYC to commit a criminal offense or to encourage others to engage in any conduct which would constitute a criminal offense.
• use ParkNYC in a way to give rise to civil liability or encourage others to engage in any conduct which would give rise to civil liability.
• use ParkNYC to impersonate other parties or entities.
• use ParkNYC to upload any content that contains a software virus, “Trojan Horse” or any other computer code, files, or programs that may alter, damage, or interrupt the functionality of ParkNYC or the hardware or software of any other person who accesses ParkNYC.
• upload, post, email, or otherwise transmit any materials that you do not have a right to transmit under any law or contractual relationship.
• alter, damage, or delete any content posted ParkNYC.
• disrupt ParkNYC or its servers or networks in any way; or
• claim a relationship with or represent any business, association, or other organization with which you are not authorized to claim such a relationship or to represent

Section 5: Services provided by ParkNYC Mobile Payment App 

At this time, the ParkNYC app enables you to access the Service made to the public for the purpose of providing an electronic means of payment for metered parking in New York City. This service is provided as a supplemental payment channel and without limitation.

As a user of the ParkNYC system, You are responsible for providing ParkNYC with the correct information about You when you register for the ParkNYC service. Required details may include, without limitation, Your name, address, license plate number, mobile telephone number, business details, email address and method of payment details. Account details must be entered upon the initial account sign up and may be updated or modified within the ParkNYC website or via the mobile application. Additionally, changes to Your account may be made by calling ParkNYC Customer Helpdesk at 1-800-428-4027. You are responsible to keep Your password and login information the Service secret, so that only You can access Your account’s personal pages. Any unauthorized access or use of the system should be reported by calling ParkNYC Customer Helpdesk at 1-800-428-4027.

5.1 Access Interfaces

You can access the ParkNYC system via one of the Access Interfaces made available to You, including the ParkNYC mobile applications, the ParkNYC web page and web interface, and Interactive Voice Recognition (IVR) by telephone. Check what are the Access Interfaces currently available here. Access Interfaces are under continuous development and may be updated from time-to-time or discontinued at the sole discretion of the NYCDOT. You must always follow the Access Interfaces instructions and keep Your Access Interfaces up to date.

5.2 Network Access

Access to the Services requires the proper network access that You are responsible to provide. Your mobile network’s data and messaging rates and fees may apply if You access or use the Service from Your mobile device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service and features and any updates thereto. 

The NYCDOT does not guarantee that the 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. 

5.3 Account Registration 

Account registration requires you to submit to NYCDOT certain personal information and, as the case may be, additional information, such as Your name, address, mobile phone number, e-mail address, license plate, company name (in case of business usage), as well as at least one valid authorized payment method. 

You agree to maintain accurate, complete, and up-to-date information in Your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method, may result in Your inability to access or use the Services. 

You are responsible for all activities that occur under Your Account, and you agree to always maintain the security and secrecy of Your Account username and password. You are solely responsible for use of Your Account, and You agree to notify the NYCDOT immediately in the event of any unauthorized use. 

Unless otherwise permitted by the NYCDOT in writing, you may only possess one Account. You may not assign or otherwise transfer Your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Service, and You may only access or use the Services for lawful purposes. You will not cause nuisance, annoyance, inconvenience, or property damage, whether to the NYCDOT or to Flowbird Inc. In certain instances, You may be asked to provide proof of identity or other method of identity verification to access or use the Services & Products, and You agree that You may be denied access to or use of the Services if You refuse to provide proof of identity or other method of identity verification.

You agree to add accurate and current vehicle information and, by adding such vehicular information, that you are authorized to add such a vehicle to Your account. Furthermore, You acknowledge that You are responsible for the provision of all required and accurate information (e.g., plate type) to perform the transaction as part of the Services properly.

Account registration is a requirement for all payment systems, including the APP, web interface and IVR (Interactive Voice Response) systems. Upon completion of registration, IVR users will be able to call customer service at 1-800-428-4027 and select the option for IVR. Your transaction details can be found within Your Account. 

5.4 Fees and Payments 

The ParkNYC service operates with two distinctive payment channels, each with their own fee schedules: eWallet and Pay-per-Transaction. 

eWallet accounts require a credit or debit card as a payment source to prepay funds into an Account and to replenish the Account for the payment of future parking fees. When using the App for the first time, Your pre-registered payment source will be charged the pre-selected amount, plus a fee of $0.05 (five) cents for each wallet load. Your credit/debit card will not be charged until you initiate Your first session. If Your expected session cost exceeds Your e-Wallet account balance, You will be notified that the remaining balance in Your account is not sufficient. You may choose to manually replenish or use a single transaction payment. For manual replenishment approval, You will receive notification to approve replenishment prior to completion of the parking payment transaction. Funding is only possible using credit/debit cards. 

Users of the eWallet are not assessed a fee per transaction, nor subsequent transactions as part of the original parking session. 

For users of Pay-per-Transaction or single transaction payment, each transaction initiated and completed will incur a transaction, plus a fee of $0.20 (twenty) cents for a single parking session and any extension of that parking session. This fee will be assessed in addition to the meter rate and portrayed as fee and added to the total meter fees. There are no load fees or deposits required for single transactions, however valid payment shall be provided, and transaction confirmed before a parking session is confirmed. 

All Service fees are specified within each Service and are reaffirmed before you validate Your request. The transaction is considered binding once you have confirmed the transaction and receive notification that the transaction has been confirmed by, but not limited to, the following: a receipt, invoice, visual notification, text message, email or transaction posted and registered to Your account. Should you believe that there was an error or issue with Your payment or conformation, you can contact Customer Service at 1-800-428-4027. Any issues related to billing should be addressed within sixty (60) days of the transaction. The Merchant of Record for all transactions is NYCDOT ParkNYC.

As part of the Services, the ParkNYC system may send you reminders, alerts, or critical notifications via any written means such as push notification, text message or email. You acknowledge and agree that the reception of any reminder is not guaranteed and that you are responsible for the timely activation or deactivation of a Service where permitted. Neither NYCDOT nor Parkeon Inc. shall be liable for any damages and costs You incur from not receiving notifications on time or at all.

Parkeon Inc. shall process the parking fee by charging Your credit card, debit card or designated payment method at the time of Your transaction.

Funds in the ParkNYC account cannot be used in any other cities where mobile parking may be available, or where the Flowbird app is in use. Users of Flowbird may use the same account information to open a ParkNYC account but will have to fund their New York City ParkNYC accounts separately. You are solely responsible for all fees or charges you incur in connection with Your use of Your mobile devices to access the App or service, including, but not limited to data usage, texting, data overages, roaming and other charges. 

The NYCDOT is under no obligation to provide a refund or cancel transaction unless there is a proven system error on the part of the Service. No refunds will be provided for unused portions of parking time or user errors related to the use of the Service.

Section 5.5 – Enabling a Parking Transaction 

You can activate a Parking Session via the following methods: (1) using the App; (2) calling the ParkNYC phone number at 1-800-428-4027 and using IVR: or (3) accessing our mobile website. You are solely responsible for entering or selecting the proper zone number, which is displayed on signage, parking meters or within the App, as well as the proper license plate numbers. The parking rate, maximum parking duration and type of spaces is dependent on the proper zone. There is no portability or transferability of remaining time or payment from one zone to another. Use of these services should only be initiated once a vehicle has parked in a zone, in accordance with city rules and policies. Before leaving Your vehicle, please confirm that Your transaction has been successful. Confirmation shall be sent to Your phone via the App, a text message or through Your App.

Section 5.6 Refunds and Disputes 

A refund request for the unused portion of the ParkNYC eWallet can be made in-app or by contacting the ParkNYC Helpdesk at 1-800-428-4027. NYCDOT is required to follow the New York City Comptroller’s Directives for refunds, mailed to the address provided in the registration, by check. The request, once made by You, will suspend the payment function of ParkNYC. You can continue to view/access payment history and account information. Once a refund is requested, the e-Wallet function of the app is not available for reactivation for 120 days. However, You may use the single transaction function of the app. Should the customer choose to re-load the account, a different credit/ debit card will need to be used. Refunds requests can take up to ninety (90) days to be received by the User. 

Section 5.7 Commercial Electronic Messaging

By creating an Account, you agree that the NYCDOT may send You electronic messages (including email, SMS or push notifications, where applicable) as part of the normal business operation of Your use of the Service. You agree that NYCDOT is not required to include an unsubscribe message in commercial electronic messages where it may be impractical (including for push notifications). However, you may opt in or out of receiving commercial or Service reminder electronic messages from NYCDOT at any time in Your Account.

You also acknowledge that opting out of receiving commercial electronic messages may impact Your use of the Service. You cannot unsubscribe from system messages, including receipts, order confirmations and support responses. 

You can find out more information here.

Section 6: License 

Subject to Your compliance with the Terms, NYCDOT grants You a personal, worldwide, non-exclusive, non-transferable, revocable, non-sublicensable license to install and/or use of the Service on Your device solely for Your use and for You to access and use information made available through any rights not expressly granted herein are reserved by NYCDOT.

The NYCDOT reserves all rights not expressly granted in these Terms. The Service, and all data gathered through the Service, including all intellectual property rights in all the foregoing, are and remain the NYCDOT’s property or the property of their licensors. 

You may not: 

1. remove any copyright, trademark, or other proprietary notices from any portion of the Service. 
2. reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service except as expressly permitted by the NYCDOT. 
3. decompile, reverse engineer, or disassemble the Service except as may be permitted by applicable law. 
4. link to, mirror or frame any portion of the Service. 
5. cause or launch any programs or scripts for the purpose of unduly burdening or hindering the operation and/or functionality of any aspect of the Service; or 
6. attempt to gain unauthorized access to or impair any aspect of the Service or its related systems or networks.
7. Use the Services in a way that violates any law or promoted anu illegal activities or fraud.

Section 7: Privacy 

By accepting the Terms and using the Service, you acknowledge and agree that the NYCDOT collect, use, and disclose information from or about You as described here. Additional privacy notices may apply, including from third party controllers. 

Some pages on our Services include links to third party websites. These third-party sites are governed by their own privacy statements, and the NYCDOT are not responsible for their operations, including but not limited to their information practices. You should review the privacy statement of those third-party sites before providing them with any personally identifiable information.

Section 8: App Stores 

You acknowledge and agree that the availability of the Service may be dependent on the third party from which you received the Service license, e.g., the Apple iPhone or Android app stores (“App Store”). 

You acknowledge and agree that this Agreement is between You and the NYCDOT and not with the App Stores and that the NYCDOT is responsible for providing You the access to the Service as described in this Terms. 

However, if you downloaded the ParkNYC from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of this Term. Upon Your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Terms against You as a third-party beneficiary thereof. 

This Agreement incorporates 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 this Agreement, the terms of this Agreement will control.

Section 9: Limitations 

The Services are provided “as is” and “as available.” The NYCDOT 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, the NYCDOT makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services, or that the Service will be uninterrupted or error-free.

The geolocation feature is provided to You as a reference only. You should always check the actual location prior to finalizing a transaction. The NYCDOT does not accept responsibility for a transaction performed using an incorrect location.

You agree that the entire risk arising out of Your use of the Service, and any services or products requested in connection therewith, remains solely with You.

NYCDOT does not control, manage, or direct any third-party provider. 

NYCDOT does not control, endorse, or take responsibility for any of Your content. The NYCDOT cannot and does not represent or warrant that the solution, the services, or servers are free of viruses or other harmful components.

The NYCDOT accepts no liability to complete any transaction which cannot be cleared by our payment processors, either because there are insufficient funds available on Your payment method or otherwise.

Section 10: Limitation of Liability 

Nothing in these Terms limits or excludes any liability which cannot legally be limited or excluded, including liability for death or personal injury caused by negligence and liability for fraud or alter Your rights as a consumer that cannot be excluded under applicable law.

The NYCDOT shall not be liable under or in relation to these Terms including, but not limited to, liability in contract, tort (including negligence, misrepresentation), restitution or otherwise for any of the following connected to the use of the Service: (i) loss of profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of anticipated savings; (v) loss of use or corruption of software, data or information; (vi) loss of or damage to goodwill and (vii) indirect damages or (viii) indirect or consequential loss.

The NYCDOT is not liable for delay or failure in performance resulting from causes beyond our reasonable control.

To the extent permitted by law, the NYCDOT exclude all warranties and disclaim all liability for any act or omission by You or any third party.

Section 11: Indemnity

You agree to indemnify and hold the NYCDOT and their officers, directors, employees, and agents harmless from and against all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys’ fees), arising out of or in connection with:

1. Your use of the Service obtained through Your use of the Service.
2. Your breach or violation of any of the Terms. 
3. The NYCDOT’s use of Your Content; or 
4. Your violation of the rights of any third party.

You are responsible for complying with all posted parking restrictions, including physical signs prohibiting parking in a certain area, which shall take precedence over any information that you receive from the Services. The NYCDOT will not be responsible for any incorrect or conflicting parking restrictions advertised on signage.

You are responsible for all summonses, fines, and/or citations issued by Your local enforcement agency, as well as for checking and verifying the legality of the applicable parking space. If the Products and Services are inoperable for any reason and You do not receive a confirmation from the ParkNYC app that a parking session has begun, it is Your responsibility to utilize another form of payment at the meter to avoid a summon or fine.

All notices and signs or directions made by relevant government authorities, traffic attendants or authorized persons (e.g., the suspension of a parking) shall take precedence over any information that you receive from ParkNYC. 

Section 12: Force Majeure

The NYCDOT shall not be held responsible in case a force majeure event occurs. The following shall, inter alia and without limitation, be considered a force majeure event: any breach due to third party that are not under the NYCDOT or Third Party Provider’s control and/or any external causes or circumstances beyond the reasonable control of the NYCDOT or Third Party Provider’s including, without limitation: acts of God, flood, drought, fire, earthquake or other natural disaster, social conflicts, intervention by civil or military authorities, terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations, nuclear, chemical or biological contamination or sonic boom, any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, collapse of buildings, fire, explosion or accident, epidemic, pandemic, interruption or failure of utility service, telecommunications network or power supply, or cyber-attack.

Section 13: Termination 

You may choose to cancel these Terms by closing Your Account or contacting us. Your termination of these Terms will not affect any of our rights or Your obligations arising under these Terms prior to termination and, in accordance with the Privacy Policy, Your Account will always remain our property. 

NYCDOT may immediately terminate these Terms or any Services with respect to You, or cease offering or deny access to the Service or any portion thereof, at any time for any reason.

Our ability to suspend, limit or close Your Account does not limit or exclude other remedies the NYCDOT may have if You are otherwise in breach of this Agreement.

Section 14: Data Retention Policy

Within the acceptable use of this app, the customer may opt to close and delete their account. It should be known and accepted under these terms and conditions, that:

1. By deleting Your account in the app, you will be unable to resume the use of that account or access to any transaction history of that account whether it is an eWallet or Pay-per-Transaction payment option; and
2. By deleting Your account, you forfeit the ability to challenge summonses issued to Your vehicle because supporting transaction information will have been deleted. You will have no proof of payment for Your session.

Please be advised that the NYC DOT, pursuant to local laws and regulations, is mandated to retain records of transactions for the purpose of reporting program activity, but not specific to accounts, for a period of six (6) years after the date of a specific transaction.

Section 15: Customer Support 

If you have any questions about our Services, the website, these Terms and Conditions or anything other related to our Services, you can contact us here or at 1-800-428-4027.