Ninjapark is a mobile application operated by Inputspace SRL, Piazza Dei Martiri, 30, 80121 Napoli (NA), Italy (“Inputspace SRL” or “we” in the following).
“User” or “you” shall mean any person who installs or uses Ninjapark.
“Provider” shall mean a User who is sharing Information on a Parking Spot.
“Information on a Parking Spot” shall mean the GPS location of a Parking Spot that is going to be vacated in five minutes.
“Parking Spot” shall mean any public parking spot occupied by a Provider.
“Driver” shall mean the only User who has got Information on a Parking Spot and who is driving towards it.
“Community” shall mean the community of Users.
“Service(s)” shall mean any or all of the services and functionalities offered by Ninjapark as described under Section 4.
“User Content” shall mean any comment, picture, video or other information or data that is uploaded or posted on Ninjapark by a User.
The Agreement for Use is applicable to all Users of Ninjapark. The Agreement for Use is concluded between the User and Inputspace SRL upon installing or using Ninjapark.
There is no entitlement to conclude an Agreement for Use. Inputspace SRL can decline to accept your registration at any time without giving reasons. In this case, Inputspace SRL will of course delete all information and data given by you.
The Agreement for Use constitutes the entire agreement between Inputspace SRL and User with regard to the use of Ninjapark.
Registration may be necessary for the use of Ninjapark. You may install and register Ninjapark free of charge. Nevertheless, the usage of the app requires credits that may be purchased by the User (as set out in Section 4). The credits purchased by the User cannot be reconverted into cash.
Ninjapark offers various registration options for Users. Users can decide which of these options they would like to log on with. Upon registration, Users must provide the full name and an email address at which we can contact them. To register with Ninjapark Users must supply the required data truthfully and fully unless they are designated as voluntary details. Users are personally responsible for keeping their password confidential.
Ninjapark helps you find a parking spot and to recover the parking position of your vehicle. To do so Ninjapark employs industry standard sensor technology (GPS, cell tower connections, accelerometer, gyroscope, Wi-Fi, barometer, Bluetooth, proximity sensor) to determine your parking position, if enabled by you. Ninjapark comprises the following Services:
Ninjapark can automatically detect when and where you parked your car. It will ask you to confirm if the detected parking location is correct, and, if not, to adjust it. If the User confirms the detected parking location such location is sent to Ninjapark. The detected parking location is shared with the Community through Ninjapark.
Ninjapark allows you to share Information on a Parking Spot with Ninjapark. When sharing such information, the User (Provider) shall give details about the position of the Parking Spot, the time when he/she will vacate it, and additional parking details. It is up to the User to share Information on a Parking Spot with Ninjapark. The Provider shall not vacate the Parking Spot before the time indicated by Ninjapark and shall stay in proximity of the Parking Spot until the time indicated by Ninjapark. After Information on a Parking Spot has been shared by the User, the User sends his/her position to Ninjapark until the timer elapses. The Provider position may be shared with another User (Driver) through Ninjapark.
A User (Driver) can ask Ninjapark to search for a Parking Spot. Once Ninjapark has found a Parking Spot, the User shall arrive at the Parking Spot before the time indicated by Ninjapark. The User sends his/her position to Ninjapark until the time indicated by Ninjapark. The Driver position is shared with another User (Provider) through Ninjapark.
The Provider earns 1 credit if the following conditions are satisfied: (i) he/she shares the Information on a Parking Spot with Ninjapark; (ii) he/she does not vacate the Parking Spot before the time indicated by Ninjapark and stays in proximity of the Parking Spot until the time indicated by Ninjapark; (iii) Ninjapark has shared the Information on a Parking Spot given by the Provider with another User. In alternative, the Provider earns 2 credits if the following conditions are satisfied: (i) he/she shares the Information on a Parking Spot with Ninjapark; (ii) he/she does not vacate the Parking Spot before the time indicated by Ninjapark and stays in proximity of the Parking Spot until the time indicated by Ninjapark; (iii) Ninjapark has shared the Information on a Parking Spot given by the Provider with another User; (iv) the Driver who received the Information on a Parking Spot given by the Provider through Ninjapark occupies the Parking Spot. The Driver pays 1 credit if the following conditions are satisfied: (i) he/she asks Ninjapark to search for a Parking Spot; (ii) he/she receives the Information on a Parking Spot by Ninjapark. In alternative, the Driver pays 3 credits if the following conditions are satisfied: (i) he/she asks Ninjapark to search for a Parking Spot; (ii) he/she receives the Information on a Parking Spot by Ninjapark; (iii) he/she occupies the Parking Spot. Information on User credits is stored on the User account. User credits may be freely established and adjusted by Inputspace SRL in its own discretion.
A feedback on the Provider is calculated by Ninjapark basing on the Provider respect of the rules established in the “Vacating a spot” section (see Section 4B). The feedback may be freely established and adjusted by Inputspace SRL in its own discretion.
Users may purchase credits to continue using the app through third-party online payment services (such as PayPal, Google Wallet, Neteller, Skrill).
We may send you e-mail communications related to the Agreement for Use, such as editorial updates, personal data about your member account or changes to Ninjapark. If you signed up for one of our email newsletters, we will also send you the newsletter that you requested.
Ninjapark may display advertisements. Subject to your consent, some advertisements are targeted based on personal data about you, i.e. location data, vehicle type, Facebook or Google data, phone number, full name, username and timestamp. This way, advertisers reach Users who are most interested in their products, and you see advertising for products or services in which you may be interested.
The User agrees not to use Ninjapark while he or she is driving.
Inputspace SRL grants you the non-exclusive, non-transferable, limited right and license to install and use Ninjapark solely and exclusively for your personal use. Except for User Content, any and all content of Ninjapark (including in particularly but not limited to texts, software, graphics, photos, sounds, music and interactive elements) is intellectual property of Inputspace SRL or licensed to Inputspace SRL, and such content can only be used for the purposes of the Services or Ninjapark. Such content shall not be downloaded, copied, reproduced, distributed, transferred, forwarded, displayed, sold, licensed or otherwise utilized for any other purposes without the prior written consent of Inputspace SRL of its licensor. All rights not expressly granted herein are reserved by Inputspace SRL.
The User especially agrees that he or she will not, and will not allow any third party to:
copy, modify, sublicense, sell, lease, lend, rent or distribute the Ninjapark for any purpose;
decompile, reverse engineer, disassemble, translate, create derivative works from or otherwise attempt to derive source code from the Ninjapark or content that may be presented or accessed through the Ninjapark for any purpose unless otherwise permitted;
use mechanisms in connection with the use of Ninjapark that might disturb the functionalities of Ninjapark (in particular no measures shall be taken which circumvent, eliminate or otherwise impair the security functions of Ninjapark or which might result in an unreasonable or undue encumbrance of Ninjapark’s infrastructure);
make the functionality of Ninjapark available to multiple users through any means;
The User’s right to install and use Ninjapark and the Services exists in line with state of the art technology. Inputspace SRL assumes no responsibility for the availability of Ninjapark and the Services at a certain specific time. Inputspace SRL reserves the right to partly or entirely limit or stop the operation of Ninjapark (e.g. for reasons of security or maintenance work). Inputspace SRL will not be responsible for internet/network-related downtime and, in particular, for downtime in which Ninjapark cannot be accessed due to technical or other problems outside the sphere of control of Inputspace SRL, e.g. vis maior, fault of third parties.
Nothing in these terms and conditions will:
limit or exclude any liability for death or personal injury resulting from negligence;
limit or exclude any liability for fraud or fraudulent misrepresentation;
limit any liabilities in any way that is not permitted under applicable law; or
exclude any 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 Section 8A; and
govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
We will not be liable for any loss or damage of any nature arising out of the usage of Ninjapark. In particular, we will not be liable for any loss or damage of any nature arising out of the usage of Ninjapark while driving.
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 Ninjapark 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).
Inputspace SRL has no influence on and assumes no responsibility for the correctness or lawfulness of User Content. Inputspace SRL does not carry out controls before uploading or publishing of User Content by Users.
The User undertakes to comply with all applicable laws and regulations when creating, uploading or publishing User Content and to formulate User Content in an appropriate and reasonable manner. The User is liable for correctness and lawfulness of User Content. In particular, User Content is prohibited if it jeopardizes young people, harms reputation or business of others, and is politically radical, racist, pornographic or violent.
By uploading or publishing User Content within Ninjapark the User grants Inputspace SRL the following global and non-exclusive rights free of charge:
right to make the User Content accessible to the public;
right to reproduce the User Content;
right to edit the User Content in accordance with the technical requirements of Ninjapark.
The User is entitled to request deletion of the User Content. Upon deletion of the User Content the rights granted by the User as set out in Section 10C above shall cease.
The Agreement for Use is concluded for an indefinite period of time and shall remain effective until terminated by either the User or Inputspace SRL.
Users may terminate the Agreement for Use at any time by permanently removing and/or deleting Ninjapark from their mobile device.
Inputspace SRL is entitled to terminate the Agreement for Use without notice if the User fails to comply with any of his or her obligations set out in Section 6 above or with any applicable legal provision. In such event, the User must immediately remove and/or delete Ninjapark form his or her mobile device and destroy any copies of Ninjapark in his or her possession or control.
Inputspace SRL is also entitled to terminate the Agreement for Use without notice, if (i) Ninjapark or any of the Services are not made available anymore in the country where the User has his or her residence; (ii) Inputspace SRL is obliged to do so by law; (iii) Inputspace SRL stops operating Ninjapark.
If the User is a merchant within the meaning of the Italian Commercial Code, a legal entity under public law or a separate property under public law, the place of jurisdiction for all disputes arising from or in connection with the Agreement for Use shall be Naples.
If you have any questions or need support in connection with Ninjapark please contact us at firstname.lastname@example.org.