Terms and conditions

I. App Description

APCOA FLOW is a downloadable software application ("Software" or "App") that allows users to access APCOA Flow functions directly from their Android device, iPhone, iPad, or other mobile device, provided the hardware is supported by APCOA Flow and is compatible with the App. Compatible devices and software versions are indicated in the App description in each App Store from which it is installed and downloaded.

You can download the App independently of using APCOA Flow services. However, in order to activate its full functionality, you must set up and activate a free APCOA Flow user account, which is subject to APCOA's valid terms and conditions of access and use.

Following registration, the App provides access to the digital services of APCOA Flow. These services allow the authorised user to enter and exit car parks offering the APCOA Flow contactless payment service, the automatic billing and payment of related parking operations and, possibly, the use of further APCOA Flow services. 
 

II. End-User License Agreement (EULA)

Terms of use of the APCOA Flow App for the user

1. Introduction

The End-User License Agreement ("EULA") is a legally binding agreement between you, whether a natural person or a legal entity, and APCOA Italia S.p.A. ("APCOA"). You agree to comply with the EULA terms and conditions, where applicable, when you download, install or use this App for Android, iOS or any other mobile platform. If you do not intend to accept this EULA, please do not tick the "I accept the terms and conditions" box and do not use the App. By installing or using the App, the user declares that he/she has read and understood the EULA, and that he/she will abide by it.

1.1 Contractual partner and purpose of use

This App is offered by APCOA in an App Store ("platform") of the respective operator ("platform operator"). The contractual partner of the user is APCOA. For the App or its content, the platform operator is not the contractual partner of the user.

1.2 User of the App and purpose of use

When using this App, the user is a contractual partner, either as an individual or as a representative of the company in which he is employed. If the user accepts the licence agreement on behalf of the company where he/she is employed without having the right to do so, the user becomes a contractual party under this EULA.

This App may only be used by the following users and for the purposes indicated, i.e. it may be used by any user for personal or business purposes.

1.3 Function and purpose of the App

The function and purpose of the App are stated in the App description.

1.4 Registration

In order to use the full functionality of the App, registration of a user account is required. For this purpose, the user must enter his/her data completely, correctly, and up-to-date. The processing of this data is governed by Part II.

2. Rights of use, use of data

2.1 Range of usage rights

The user shall be granted a temporary, non-exclusive, non-transferable, revocable and free right to use the App in accordance with this EULA and for personal purposes only. Changes, deviations and additions may arise from the information and conditions of free and open source software ("FOSS") according to section 2.2, and for external content according to section 2.3.

2.2 Usage rights for FOSS

The App may contain free and open source ("FOSS") software components. The information, terms and conditions for FOSS take precedence over EULA

2.3 External content

The App may contain or use components (software or content) from third parties. The information, terms and conditions of use for external content take precedence over EULA. Insofar as the rights to this external content are granted directly by the third party, the user in accordance with this EULA will enter into an agreement with the third party in accordance with the corresponding terms of use. In the event of a breach, the third party may assert its rights against the user.

2.4 Termination of Rights of Use

A prerequisite for the granting of rights of use is compliance with the EULA. In the event of violation of this EULA by the user, the rights of use of the app, including its content, shall automatically be terminated.

Irrespective of this, publishers and providers of the App may revoke the rights of use at any time through a unilateral declaration with immediate effect.

2.5 Infringement

In addition to the revocation of rights of use, a breach of this EULA may have further legal consequences for users, e.g. due to illegal use of the App and its content. This also includes use of the App contrary to the provisions of this EULA resulting in the possibility of a claim for damages.

2.6 Data protection

APCOA protects your personal data and uses it only to the extent permitted by law or with your consent in cases where consent is required; more detailed information on this can be found in the Data Protection Notice available via the App or on the APCOA website athttps://www.apcoa.it/privacy/.

3. Obligations of the user

3.1 Confidentiality

The user may choose to use the content of the App only for personal use and may not make it accessible to the public, e.g. via social networks or in other ways.

3.2 Obligation to report defects

The user shall immediately notify the contact point specified in Customer Support of any malfunctions concerning the use of the App.

3.3 Lawful use

User is obliged to use the App in accordance with this EULA and applicable law. This is within the scope of the user's responsibility. 
"PLEASE NOTE that you must be the person registered as the owner of the vehicle you are registering or be authorised by that person to use and register that vehicle." 
 

4. Prohibitions

4.1 Prohibition of transfer and use

It is not permitted to make the App available, publish, license, sell or market the App for payment or free of charge. No rights to the App may be rented, leased or transferred. 
"PLEASE NOTE that you must be the registered owner of the vehicle you are registering or be authorised by that person to use and register that vehicle".

4.2 Modification of blocks

You may not modify, adapt, translate, create derivative works from, decompile, reproduce, disassemble or attempt to derive the source code of the App. This is without prejudice to the possibility for the user to request the App owner to provide interfaces for interoperability with other systems and, if not provided, to reverse engineer. 
 

5. Effect on software or websites of the publisher or third parties

Any use of the App that has a negative effect on the App itself or on websites or software affiliated with and accessible via the App is prohibited. 
 

6. Warranty

6.1 Free provision

(a) Services

The App is available free of charge in a basic version. Its functions are visible in the App Store through which the App was downloaded and installed and can be expanded or reduced by the provider at any time. Specifically, there is no entitlement to the functions available in a previous version, unless the function in question was purchased against payment.

(b) Prices

The App can be extended by purchasing additional functions in-app. The current price and subscription types can be found in the App itself, in the App Store and before placing the order. All prices include VAT.

6.2 Exclusion of warranty claims

If the App is provided at no cost to the user, it shall be considered 'as is'.Specifically, no guarantees of availability, commerciality or suitability for specific purposes shall be given. Warranty claims are excluded except in cases of gross negligence on the part of the publisher or provider of the app. This applies to any kind of assistance.

6.3 Accuracy of information

The publisher assumes no responsibility for the completeness and accuracy of the information. Descriptions of services, products, prices and other services are made without any guarantee of correctness and do not contain any contractual proposal or request to conclude a contract.

6.4 Scope of the guarantee conditions

The publisher's and supplier's guarantee is excluded and limited to the extent permitted by law. The user's rights remain unaffected. 
 

7. Liability

7.1 Degrees of liability

Irrespective of the legal basis, APCOA shall only be liable within the scope of the statutory provisions in accordance with this Section 7.1 and Sections 7.2 and 7.3 below.

APCOA shall only be liable for damage caused by wilful intent or gross negligence on the part of APCOA itself or one of its legal representatives or agents, as well as for damage resulting from failure to comply with the obligations under this contract.

7.2 Exemption from liability

If the publisher or the provider of the App is held liable by a third party for any breach of this EULA by the user, the user shall indemnify the publisher and the provider against all claims and costs arising directly or indirectly as a result thereof, including reasonable defence costs incurred by a lawyer. This does not apply if the user is not responsible for the infringement. The publisher reserves the right to defend itself against such claims.

7.3 Scope of the liability rules

The liability of the publisher and the provider is excluded and limited to the extent permitted by law. The user's rights, especially those of liability according to the product liability law, remain unaffected.

8. Subscriptions

8.1 Terms of purchase

Subscriptions to APCOA services may be purchased

• directly from the APCOA FLOW App, by selecting the desired car park;

• or via the official website at https://pass.apcoa.it/app/v2/

8.2 Automatic renewal

Subscriptions are auto-renewable if the user selects the relevant option ("flag") during purchase. 
A reminder will be sent 48 hours before the subscription expires, by e-mail to the address associated with the user profile.

8.3 Data required

For the subscription to be used correctly, the user is required to

• provide the number of your electronic toll collection device, if required, in the field provided;

• upload the required documents, where indicated.

9. Payment

Payment for services shall be made through Stripe, a secure and certified payment institution and partner of APCOA. 
Transaction information, security and data protection are governed by the relevant legislation in force and Stripe's privacy policy, available at https://stripe.com/it.

10. Specifications of the APCOA FLOW service

APCOA Flow replaces payment at the parking meter in a simple and smart way, eliminating the need for cash or physical cards. 
There is no total or partial reimbursement of parking already initiated.

Transactions made through APCOA Flow are charged directly to the credit institution associated with the user's personal details, without the need to top up a virtual purse. 
This choice avoids unusable residues and the need for subsequent top-ups with pre-determined amounts.

Moreover, APCOA Flow does not require a contract linked to an account or a payment card. There are therefore no fixed monthly costs for the user.

11. Additional Terms concerning Apple

11.1 These Terms of Use are agreed solely between you and APCOA, and not with Apple.

11.2 APCOA grants you the right to use this app only on iOS products that you own or use, to the extent permitted by the App Store Terms of Use.

11.3 Apple has no obligation to provide maintenance or support for this application.

11.4 Apple assumes no responsibility for investigating, defending, resolving, or enforcing claims arising from infringement of the intellectual property rights of third parties.

11.5 Apple shall have no obligation to respond to any claim by you or any third party relating to the App or your ownership and/or use of this App. Such enforceability

applies to the following claims:

(a) product liability claims;

(b) claims based on the statement that the App violates applicable legal or regulatory provisions;

c) claims based on consumer protection or similar laws.

11.6 Apple and its affiliates are third party beneficiaries of the Privacy Policy and these Terms of Use and, therefore, upon your acceptance of the Agreement (which you will be deemed to have already accepted), Apple and its affiliates are entitled to enforce these Terms of Use against you. 
12. Final Provisions

12.1 Right to Amend

APCOA reserves the right to adapt this EULA if necessary. APCOA shall inform you of significant changes to the EULA. Changes shall automatically take effect 30 days after notification by APCOA. If a user does not agree with a change, they must uninstall the App and stop using it. By continuing to use the App, the user declares his/her consent to the terms of the amended EULA.

12.2 Invalidity of individual provisions

Should individual provisions of this EULA be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.

12.3 Governing Law

This EULA shall be governed by the laws of Italy.

12.4 Jurisdiction

Without prejudice to the provisions of Article 9.5. below, the Court of Mantua shall have exclusive jurisdiction to settle any disputes relating to this agreement. If the user is a "Consumer", the Judge of the place of residence or domicile of the consumer, if located in the territory of the State, shall have exclusive jurisdiction.

12.5 ODR Procedure

The consumer resident in Europe may use the online platform for the alternative, i.e. non-judicial, resolution of disputes arising from the conclusion of this online contract, as provided for by Article 14 of Regulation (EU) No. 524/2013.

The platform is available at the following linkhttps://webgate.ec.europa.eu/odr.

PLEASE NOTE that you must be the person registered as the keeper of vehicle being entered or are authorised by them to use and register that vehicle.