Terms of Service

These Terms of Service (the “Terms”) are an agreement between you and Harry Pomerantz, who operates Super Park (“Super Park,” “we,” “us” or “our”). They govern your use of the Super Park app for iPhone, the website at superpark.app (and drive-nyc.vercel.app), and everything offered through them (together, the “Service”).

By downloading, opening or using the Service, you agree to these Terms and to our Privacy Policy. If you don’t agree, don’t use the Service.

Please read Section 16 carefully. Except where the law doesn’t allow it, it requires you and Super Park to resolve disputes by individual binding arbitration rather than in court, and it waives class actions and jury trials. You can opt out within 30 days, as Section 16 explains.

1. Who can use Super Park

You must be at least 18 years old, or the age of legal majority where you live, to agree to these Terms. If you’re younger, you may use the Service only if a parent or legal guardian agrees to these Terms for you. You must use the Service in compliance with all laws that apply to you.

2. What Super Park is, and what it isn’t

Super Park is an information service. It shows what the City of New York’s public records say about parking on Manhattan’s curbs, and related information such as bus lanes, traffic cameras, street closures and congestion tolls.

• Super Park isn’t affiliated with, endorsed by or operated by the City of New York, the NYC Department of Transportation, the NYC Department of Finance, the NYPD, ParkNYC or any government agency.
• Super Park doesn’t give legal advice. Nothing in the Service is a ruling, permit or guarantee about whether you may park somewhere or whether a ticket is valid.
• Super Park doesn’t recommend, endorse or encourage parking, standing or stopping anywhere the law or a posted sign doesn’t allow it. Information about rules you might break, including the chance of a ticket, is there to help you understand the risk and make legal choices.

3. Parking information can be wrong or out of date

The Service is built from public records and other sources that we don’t control, including NYC DOT’s records of parking signs, the city’s street map, ParkNYC’s meter records, the Department of Finance’s ticket records, NYC 311’s street cleaning calendar and other NYC Open Data. You understand and agree that:

• The city installs, removes and changes signs regularly, and its records can lag behind the street by weeks or months. It is impossible for Super Park to be up to date at all times.
• Temporary signs, including those for construction, filming, events, moving trucks, street work and emergencies, usually aren’t in the city’s records and aren’t shown.
• The records themselves can contain errors, and placing a sign on the right block, side and stretch of curb involves estimates that can be wrong.
• Holidays and suspensions of street cleaning come from city calendars that can change at any time, sometimes on the same day.
• Your phone’s location can be off by a block side or more, so the curb the app opens may not be the one you’re at.
• Super Park tries to tell you when it isn’t sure, for example by marking a curb “Check the sign” or warning about signs the records may have wrong. It can’t always know when it’s wrong, and a curb shown without a warning can still be wrong.

The signs posted on the street, the law and the directions of police and traffic agents always control. If the Service and a posted sign disagree, follow the sign.

4. The chance of a ticket (Precog)

Where parking isn’t allowed, the Service may show an estimated percentage chance of getting a ticket if a car stays for a given time. These estimates are calculated from tickets written in the past. You understand and agree that:

• They are statistical estimates, not predictions or promises. Past results can’t predict future results.
• Enforcement changes from day to day and hour to hour. A traffic agent can change their route at any time, for any reason, from a new assignment to a stop for coffee. A low estimate doesn’t mean a curb is safe, and even a chance near 0% can end in a ticket.
• The estimates may not include every kind of ticket, such as meter tickets, tickets written by police, camera tickets, towing or booting.
• The estimates are provided for information only, so you can understand the risk of a rule. They aren’t a recommendation to park where parking isn’t allowed, and you must not rely on them to decide to break a parking rule.

5. You’re responsible for where you park

You alone are responsible for how and where you park, stand or stop, for reading and obeying posted signs and the law, and for every ticket, fine, penalty, tow, boot, impound fee, storage fee, towing damage and other cost or loss that results.

Super Park isn’t responsible for, and won’t pay or reimburse, any ticket, fine, tow or other cost, even if you relied on the Service, followed its information or reminders exactly, or the Service was wrong. Super Park can’t contest a ticket for you, and the Service isn’t evidence for or against any ticket.

6. Reminders, saved spots and Siri

Reminders, calendar events, saved spots, Siri shortcuts and automations are conveniences. They depend on your device, its settings (such as notifications, Focus, Low Power Mode and location permissions), your operating system and other things outside our control, and they can arrive late, arrive wrong or not arrive at all. A reminder is based on the same information described in Section 3, so it can be wrong too. Don’t rely on them as your only way to know when to move your car.

7. Use Super Park safely

Don’t use the Service while driving. Look at it only when your vehicle is parked or stopped in a safe and legal place, or have a passenger use it. Obey all traffic laws, including New York’s ban on holding and using a phone while driving. Never stop, stand or double-park illegally to use the Service, and always pay attention to the road, pedestrians, cyclists and other vehicles.

8. Your reports and photos

The Service lets you send ticket reports and reports of wrong signs, including photos and text (“Your Content”). You keep any rights you have in Your Content. By sending it, you grant Super Park a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable and sublicensable license to use, copy, store, modify, analyze, publish and display it in order to operate, check, correct and improve the Service.

You represent that Your Content is accurate to the best of your knowledge, that you have the right to send it, and that it doesn’t violate anyone’s rights or any law. Don’t send reports you know are false, and aim photos at signs rather than at people or license plates. We may review, edit, keep or delete Your Content, and we aren’t required to act on any report.

9. Acceptable use

You agree not to:

• use the Service for any unlawful purpose, or to help anyone break a law;
• send false, misleading, abusive or automated reports, or try to change the Service’s estimates by sending made-up reports;
• copy, scrape, harvest or bulk-download the Service’s map, curb information, estimates or other content, or use them to build a competing product or dataset;
• reverse engineer, decompile or disassemble the Service, except where the law expressly allows it;
• interfere with, overload, probe or get around the security of the Service or the systems it runs on; or
• sell, rent, sublicense or commercially exploit the Service without our written permission.

10. Third-party data, services and links

The Service uses and links to information and services provided by others, such as NYC Open Data, NYC DOT, the NYC Department of Finance, NYC 311, NYC Planning’s GeoSearch, ParkNYC, Esri, Apple Maps and Apple’s own features on your device. We don’t control them and aren’t responsible for their accuracy, availability, content or practices. Your use of them may be governed by their own terms and privacy policies. Results from “Check my plate” come from the city’s public records and may be incomplete or out of date.

11. Pro features and early access

Some features are marked Pro, including the chance of a ticket and move-my-car reminders. They are free during early access. We may change, limit or discontinue any feature, including Pro features, at any time. If we later charge for a feature, we will say so in the Service before you’re charged, and you will never be charged without agreeing to pay. Any purchase will be made through the Apple App Store or another clearly identified payment provider, under its terms and the terms we show you at that time.

12. Ownership and your license to use Super Park

The Service, including its software, design, text, graphics, map styling, estimates, the Super Park name and logo, and their selection and arrangement, belongs to Super Park and its licensors and is protected by intellectual property laws. Public records from the City of New York remain subject to the city’s own terms.

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the Service for your own non-commercial purposes. We reserve all rights not expressly granted. If you send us suggestions or feedback, we may use them without any obligation to you.

13. Disclaimers

The Service and all information in it are provided “as is” and “as available,” with all faults, and without warranties of any kind, express or implied. To the fullest extent permitted by law, Super Park disclaims all warranties, including any warranties of accuracy, completeness, timeliness, reliability, merchantability, fitness for a particular purpose, title and non-infringement, and any warranties arising from course of dealing or usage of trade. Super Park doesn’t warrant that the Service or its information will be accurate, complete, current or error-free, that it will be available or uninterrupted, that reminders or alerts will be delivered, or that the Service is free of viruses or other harmful components. You use the Service and rely on its information at your own risk.

Some places don’t allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

14. Limitation of liability

To the fullest extent permitted by law, Super Park and its owner, operators, contributors and service providers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any parking tickets, fines, penalties, towing, booting, impound or storage fees, vehicle damage, lost time, lost profits, lost data or other losses, arising out of or related to the Service or these Terms, whether based on warranty, contract, tort (including negligence), statute or any other legal theory, even if Super Park has been told such damages are possible.

To the fullest extent permitted by law, Super Park’s total liability for all claims arising out of or related to the Service or these Terms will not exceed the greater of the amount you paid Super Park for the Service in the 12 months before the claim arose or fifty U.S. dollars (US $50).

These limits apply even if a remedy fails of its essential purpose. Some places don’t allow these limits on liability, so some may not apply to you.

15. Indemnity

To the extent permitted by law, you agree to defend, indemnify and hold harmless Super Park and its owner, operators and service providers from any claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service, Your Content, your parking or driving, or your violation of these Terms or any law or the rights of anyone else.

16. Disputes, arbitration and class action waiver

Talk to us first. If you have a dispute with Super Park, email support@superpark.app with your name, how to reach you and a description of the dispute. We will try to resolve it informally within 60 days.

Binding arbitration. If we can’t resolve it, you and Super Park agree that any dispute, claim or controversy arising out of or relating to the Service or these Terms will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The Federal Arbitration Act governs this section. The arbitration may be held by video or phone, or in New York County, New York, and the arbitrator may award the same individual relief a court could, consistent with these Terms.

Exceptions. Either of us may bring an individual claim in small claims court if it qualifies, and either of us may seek relief in court to stop infringement or misuse of intellectual property.

Class action and jury waiver. You and Super Park may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. You and Super Park each waive the right to a trial by jury.

Opting out. You may opt out of this Section 16 by emailing support@superpark.app within 30 days after you first accept these Terms, saying that you opt out of arbitration. Opting out doesn’t affect any other part of these Terms.

If the class action waiver is found unenforceable for a claim, that claim must be heard in court and not in arbitration. If any other part of this section is found unenforceable, the rest of it still applies.

17. Governing law and where cases are heard

These Terms are governed by the laws of the State of New York, without regard to its conflict of law rules, except that Section 16 is governed by the Federal Arbitration Act. Any claim not subject to arbitration will be heard only in the state or federal courts located in New York County, New York, and you and Super Park consent to their jurisdiction.

18. Changes to Super Park and to these Terms

We may change, suspend or stop the Service, or any part of it, at any time, including the areas it covers and the information it shows. We may update these Terms from time to time. When we do, we will change the effective date above, and for important changes we will let you know in the Service. If you keep using the Service after a change takes effect, you accept the updated Terms. If you don’t agree, stop using the Service.

19. Ending these Terms

You may stop using the Service at any time by deleting the app or no longer visiting the website. We may suspend or end your access at any time if we reasonably believe you violated these Terms or to protect the Service or others. Sections 2 through 5, 8, 9 and 12 through 21 continue to apply after these Terms end.

20. Apple App Store

If you got the app from Apple’s App Store, these Terms are between you and Super Park, not Apple, and Super Park, not Apple, is solely responsible for the app and its content. Your license to use the app is limited to Apple-branded devices you own or control, as the App Store’s Usage Rules allow. Apple has no obligation to provide maintenance or support for the app. If the app fails to conform to an applicable warranty, you may notify Apple, and Apple may refund any purchase price you paid for the app; to the fullest extent permitted by law, Apple has no other warranty obligation for the app. Super Park, not Apple, is responsible for handling any claims about the app, including product liability claims, claims that it fails to meet legal or regulatory requirements, consumer protection claims and claims that it infringes someone’s intellectual property. You represent that you aren’t located in a country subject to a U.S. government embargo or listed as a “terrorist supporting” country, and that you aren’t on any U.S. government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

21. General

These Terms and the Privacy Policy are the entire agreement between you and Super Park about the Service and replace any earlier agreements. If any part of these Terms is found unenforceable, that part will be enforced to the maximum extent possible and the rest will stay in effect. Our failure to enforce any part isn’t a waiver. You may not assign these Terms without our consent; we may assign them, for example to a company that takes over the Service. We aren’t responsible for delays or failures caused by events beyond our reasonable control. Headings are for convenience only.

22. Contact

Questions about these Terms go to support@superpark.app.