Terms of Use entervo smart pay

1 Terms of Use

1.1
Please read these terms of use carefully and agree to them before continuing to download or use this Application. If you do not agree to these terms of use, do not download or use the Application.

1.2
This Application is operated by Scheidt & Bachmann USA, Inc. with offices at 1001 Pawtucket Boulevard, Lowell, MA 01854, hereinafter referred to as "Scheidt & Bachmann".

1.3
The contract regarding the use of the parking area shall be between you and the owner or operator of the car park.  Scheidt & Bachmann is not a party to that contract. These terms of use apply only to the use of this Application.

2 Scope of service

2.1
This Application provides a platform for cashless payment of parking fees in participating parking facilities. By accepting the terms of use of this Application, you agree to process any parking and payment process initiated by the App in the participating parking facility via this Application.

2.2
Paying for parking via the App is easy: Open the application and scan the barcode on your parking ticket. The parking fee due will be shown on the screen. By clicking the "PAY button," you will be redirected to the Payment Service Provider application, where you can complete the payment process by entering your credit card number. If your payment is accepted, you will receive a message that the parking ticket has been paid. You can now insert the parking ticket at the exit barrier and leave the parking facility as usual.

2.3
Optionally, in selected car parks your license plate number may have been scanned upon entry. In this case, you will be asked to enter your license plate number.  Enter it in the app instead of the ticket number and follow the instructions for payment.

2.4
Please note that you must have an internet connection to use the Application.

2.5
In addition, this application may show parking facilities in your immediate vicinity. It can also be used to navigate you to a nearby parking garage. For this purpose, the application redirects you to the navigation service already installed on your mobile phone (to Apple or Google Maps). You can then use the 3rd party navigation service.

2.6
This application offers you the Car Finder function to make it easier for you to find your vehicle. Simply take a picture of your car and its surroundings and add any notes or information you may find helpful in locating your car.

3 Parking Fees

3.1
The currently valid parking fees of the participating parking management operating companies are displayed in the App and may differ from the rates displayed in the respective parking garage.

3.2
YOU ARE SOLELY RESPONSIBLE FOR THE PROPER PAYMENT OF ANY FEES INCURRED TO THE PARTICIPATING PARKING MANAGEMENT COMPANY.

4 Modifications of Application or Service

Scheidt & Bachmann will make all reasonable efforts to offer this application without interruption. Even with the greatest possible care, failures of this application cannot be excluded. Scheidt & Bachmann does not guarantee that this application will be available as a payment option at all times or at all locations. In particular Scheidt & Bachmann does not guarantee the availability of an internet connection.

5 App Permissions

The following app permissions must be allowed in order to use the application:

Access to the photo and video function (Purpose: To optically scan the barcode of the parking ticket and to photograph your vehicle for the Car Finder function);

Access to the contents of the smartphone memory and storage (Purpose: To store app and user specific data such as a picture of your car);

Access to the contents of the smartphone storage (Purpose: When the app is started for the first time, data is downloaded from the Internet and stored on the smartphone storage area. When the app is started again, the data on storage is checked to ensure that it is up to date and, if necessary, updated data is downloaded from the Internet and stored in order to save data volume the next time the app is started. This is app content).

Display access to the network status (Purpose: To determine the status of the Internet connection);

Complete Internet access for communication with the App Gateway; Activate location services; Control lightning as an additional help when scanning the barcode of the parking ticket;

Vibration control as tactile feedback.

Our application does not use location data. If you use the linked functions of Apple or Google Maps, please note the permissions of the respective navigation service.

6 Permitted Use

6.1
This application must only be used for the use of the payment, map and navigation service and the car finder function. Any other use of this application is prohibited without written consent of Scheidt & Bachmann.

6.2
Scheidt & Bachmann grants you a non-exclusive, non-transferable right of use, limited to the United States. The service is offered to the extent necessary for the use of the service. The right of use is limited to the term of this contract of use.

6.3
The duplication, processing, distribution, public reproduction or any other form of use of this application or parts thereof is not permitted.

6.4
You acknowledge that the App may not work if you do not install updates offered by Scheidt & Bachmann.

6.5
You may terminate the use of this application at any time by deleting it from your device.

7 Intellectual Property

7.1
This application and the materials it contains, such as text, images, graphics and sounds, are protected by copyright and/or other intellectual property rights. All copyrights and/or other intellectual property rights in these materials are owned by Scheidt & Bachmann or its licensors.

7.2
This application also contains trademarks that belong to Scheidt & Bachmann or whose owners have granted Scheidt & Bachmann a right to use in this application.

8 Other Websites or Applications

This application contains links to external websites or applications of third parties. To simplify navigation and use of this application, the external website/application is displayed within the frame of this application. The respective external website/application is subject to the usage and data protection agreements set out in those websites or applications. Use of the map and/or navigation service requires that you accept the terms of use of the navigation service (Apple or Google Maps) already installed on your mobile phone. Scheidt & Bachmann has no influence on the terms of use of third party providers.

9 Changes to the terms of use

Scheidt & Bachmann may change these Terms of Use at any time and without prior notice. If the terms of use are updated, you will be asked to accept the changed terms of use the next time you access this application. Any subsequent use of this application will be based on the updated Terms of Use. If you do not accept the updated Terms of Use, you will not be able to use this application.

10 Data Security

This Application does not process or store Personal Information.  Notwithstanding this, Scheidt & Bachmann observes and follows applicable law relating to data security and the handling, processing and storage of Personal Information.

11 Disclaimer of liability

11.1
Because this Application is offered only as a convenience, Scheidt & Bachmann does not accept any liability in the event that the Application is not available or does not work properly.

In particular, without prejudice to the foregoing and only in those cases where liability is imposed on Scheidt & Bachmann by operation of law, Scheidt & Bachmann is not responsible for any consequential or indirect damages

11.1.1
No liability is accepted for damage resulting from the use of the application while driving a motor vehicle or engaging in any other activity that ordinarily requires due care and attention.

12 Indemnification

You indemnify Scheidt & Bachmann from all claims made against and damages and costs incurred by Scheidt & Bachmann arising from any action or inaction on your part, and in particular arising from your use of a car park and any facilities, equipment or utility located in or adjacent to any such car park.

13 Final clauses

This Agreement is governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. 

Any action or suit related to the interpretation and or performance of this Agreement shall be brought exclusively in the Courts of the Commonwealth of Massachusetts.