Part 2 - Terms of Service

These Terms of Service ("Terms") govern your use of the Parkberry app, website, and services ("Parkberry", "we", "us"), operated by Davidovski GmbH, Wehntalerstrasse 283A, 8046 Zurich, Switzerland. By using Parkberry you accept these Terms and our Privacy Policy.

1. What Parkberry is

Parkberry is an online marketplace that connects:

• Drivers who want to park and (optionally) charge an electric vehicle, with
• Hosts who list private parking spaces and EV chargers (driveways, garages, business lots).

Parkberry is an intermediary. The parking contract for each booking is between the driver and the host. Receipts name the host as the supplier. If you need the host's full name and address to assert a legal claim about your booking, ask support and we will provide them. Parkberry is not the owner or operator of the spaces, is not a party to the parking contract, and provides search, booking, access, payments, and support tools.

2. Eligibility & accounts

• Parkberry is for adults. By creating an account you confirm that you are at least 18, or the age of legal majority where you live if that is higher, and able to enter a binding contract.
• We rely on that confirmation: we do not verify your age when you create an account.
• Where we verify identity - for example before a host receives a payout - we check the date of birth shown on the document, and we will close the account of anyone found to be under age.
• If you are under 18, do not create an account.
• A booking made by someone who was not legally able to enter into the contract may be cancelled and refunded under §5.
• A person who misleads us about their age remains liable for damage they cause.
• You must give accurate information and keep your account secure. You are responsible for activity under your account.
• Hosts must confirm they are entitled to rent out the space - as its owner, as a tenant whose landlord permits subletting, or as an authorised manager - before a listing can be published. We record that confirmation. Hosts must also complete identity verification before receiving any payout.

3. Bookings, vehicle-fit & access

• Search & fit gate. Listings show dimensions and EV connector details. The vehicle-fit gate checks your vehicle's height, length, and connector before booking. You are responsible for the accuracy of your vehicle profile; a wrong profile may cause a failed fit at the gate, for which Parkberry is not liable.
• Booking. A booking is confirmed when you receive confirmation in the app. You get a live access pass with countdown and QR code.
• Access methods. Depending on the space: your live QR access pass, an offline printed permit, or a host manual-meet handshake. Use the access method shown for your booking and follow any host instructions and house rules.
• Charging. Where offered, you may charge your EV while parked, subject to the listing's charging terms, connector, and pricing.
• Damage and extra cleaning. You agree to leave the space as you found it. If a host reports damage or extra cleaning that you caused, and Parkberry upholds the report under §8, you agree that the amount decided (Parkberry collects at most CHF 200 per booking this way) may be charged to the payment method saved on your booking, without you being present (an off-session charge). You agree to confirm that charge with your bank when it asks you to. You can reply to the report in the app before Parkberry decides.

4. Pricing, payment & promo credit

• Prices are set per listing and shown before you book, including any applicable Swiss VAT.
• You pay by card, including Apple Pay and Google Pay where available. Card payments are processed by Stripe and paid directly to the host; Parkberry takes only its published fee from that payment. No card data is stored on your device or our servers.
• When your card is charged. When you book, the amount is only held (authorised) on your card, not charged. For a booking that starts later, the hold is placed shortly before the start instead; the exact time is shown when you book. The amount is charged when you arrive. If you leave early, the unused time is refunded to your card. A booking made as a request is charged only if the host accepts it.
• Promo credit: promo credit is a discount Parkberry funds, usable only within Parkberry and applied at checkout. It cannot be topped up or withdrawn. Credits are not cash, not transferable, and not redeemable for money except where the law requires. Your balance is capped at CHF 3,000. Promotional credit may carry conditions or expiry as disclosed at the time.
• We issue PDF receipts and Swiss VAT invoices for eligible transactions.
• Tips. Drivers may send optional tips to hosts. Tips are voluntary and non-refundable.

5. Cancellations & refunds

Each listing states its cancellation policy. Refunds (to your original payment method) follow that policy and applicable law. Statutory consumer rights, where they apply, are unaffected. Disputed charges are handled under §11.

6. Long-term parking (monthly lets)

A monthly plan is a let of the space, not a series of bookings. The host is the lessor and the supplier; Parkberry remains the intermediary (§1) and never takes custody of the host's money.

• Periods are calendar months. A plan that starts on the 15th runs to the 15th, whatever the month's length. A plan starting on the 31st renews on the last day of a shorter month and returns to the 31st when the month allows it.
• Written agreement. When a plan starts, Parkberry issues both parties a let agreement stating the space, the parties, the price, the minimum term, both notice periods, and the statutory provision the notice floor rests on. It is available in the app and by email, and it is the record of what was agreed.
• Minimum term. A listing may require a minimum number of periods. It is shown before you commit and is stated on the let agreement. Notice cannot end the let before the minimum term is served.
• Notice. Either side may end the let by giving notice to the end of a period. Each market sets a floor: 14 days in Switzerland (Art. 266e Swiss Code of Obligations, for a parking space let separately), 8 days in Serbia (Art. 597 Law on Obligations) and 8 days in North Macedonia (Art. 600(2) Law on Obligations). A host may agree a longer notice period; neither side can agree a shorter one than the law allows.
• This let stands alone. It is independent of any residential tenancy between the same parties. Where a host also lets the driver their home, a parking space let together with the dwelling can inherit that tenancy's protections, and different rules may then apply. Both parties should take advice in that case.
• Price changes take effect at a renewal and only with at least one full period of notice. Continuing to pay is acceptance.
• Cancellation policies do not apply. §5 governs individual bookings. A let ends by notice, on the terms above.

7. Volt Rewards (loyalty)

You earn Volt Rewards points on eligible bookings and progress through tiers Sprout → Volt → Surge → Nova. Points can be redeemed for promo credit per the programme rules. Points have no cash value, may expire, and we may change or end the programme on reasonable notice. Abuse (e.g. fake bookings) may forfeit points.

8. Host obligations

Hosts agree to:

• have the legal right to offer the space and comply with applicable laws, leases, building rules, and zoning;
• describe the space accurately (dimensions, connector, access, restrictions) and keep availability current;
• honour confirmed bookings and provide safe, lawful access;
• handle driver data only to fulfil bookings (see Privacy Policy §10);
• set lawful prices and meet their own tax obligations.

Payouts through Stripe. Where a host's market pays out through Stripe Connect, the host must open a Stripe account through Parkberry and, during Stripe's onboarding, accept the Stripe Connected Account Agreement, which includes the Stripe Services Agreement. Stripe, not Parkberry, holds the host's funds and pays them out to the host's bank account. Each driver payment is made directly to the host's Stripe account. Parkberry deducts its published commission, plus VAT on that commission, from each payment; that is the only amount Parkberry earns. Stripe's card processing fees are charged by Stripe to the host's Stripe account. They are not part of Parkberry's commission and Parkberry does not set them. When a payment is refunded, in full or in part, Stripe does not return its processing fee on the original payment, so that fee stays with the host even on a refunded booking. Refunds, partial refunds and card disputes (chargebacks) on a host's bookings are debited from the host's Stripe balance under Stripe's terms, and the host remains responsible to Stripe for them and for any negative balance on the host's Stripe account. The host can see every payment, fee, refund and payout in their Stripe dashboard, which they can open from Get paid.

Honored-Spot Guarantee claims. If a driver reports under §10 that your space could not be used on arrival, we notify you and you have the response window shown in the app (currently 60 minutes) to confirm or contest. If you confirm, or you do not respond and our records show the driver did not enter the space, the booking is refunded to the driver in full, including add-ons. You may also confirm a claim yourself later, up to 30 days after the booking ended. The refund is debited from your Stripe balance, and Parkberry returns its own commission and VAT on that booking and issues you a credit note for them. You are not paid for a booking that is refunded this way. If you contest, you must give us your reasons and any evidence (for example access logs, photos or messages) in the app. Parkberry's team then decides whether the refund goes ahead, based on the evidence from both sides. Our decision settles the claim within Parkberry for the booking concerned and does not limit your statutory rights or your right to go to court. Repeated valid claims against your listings may lead to restrictions or suspension under §15. You agree that a refund under §10 may be debited to you even though Stripe does not return its processing fee on the original payment.

Damage or extra cleaning caused by a driver.

• A host may report damage to the space or extra cleaning caused by a driver up to 7 days after the booking ends, in the app, with evidence (for example photos, a description and the amount).
• Parkberry reviews the evidence and the driver's reply and decides. Parkberry's decision applies to the booking concerned and does not limit anyone's statutory rights or the right to go to court.
• If the report is upheld, the driver is charged the amount decided, to the payment method saved on the booking. Through the saved payment method Parkberry collects at most CHF 200 per booking; this is a limit on what Parkberry collects, not on what you may claim from the driver under the law, and not on the driver's defences. The amount is paid to you. Parkberry takes no fee on it; Stripe's processing fee applies as for any payment to your Stripe account.
• If the driver's bank reverses that charge (a chargeback), the host bears the loss. Parkberry does not make the host whole.
• Damage above the amount Parkberry collects is a matter between host and driver (and their insurers). Parkberry does not guarantee or collect it.

Refunds decided by Parkberry. When a driver complains about a booking and Parkberry decides under §11 that a refund is due, the refund is paid out of your payment for that booking, and Parkberry returns its own commission and VAT on it with a credit note. You never bear more than you earned on that booking. Stripe does not return its processing fee on the refunded payment. Our decision settles the complaint within Parkberry and does not limit your statutory rights or your right to go to court.

AI-assisted descriptions: our AI listing assistant produces drafts from host-supplied details. Hosts are responsible for reviewing and confirming that listings are accurate and lawful.

9. User-generated content & moderation

• You may post photos, reviews, star ratings, and chat messages. You keep ownership of your content and grant Parkberry a worldwide, non-exclusive, royalty-free licence to host, display, translate, and distribute it for operating and promoting the service.
• You must not post content that is illegal, infringing, deceptive, hateful, harassing, or that violates others' privacy (e.g. photographing identifiable people or plates without need).
• Reviews must reflect a genuine experience. Two-sided reviews (driver↔host) are published as part of the marketplace and may remain visible after account closure in anonymised form.
• Automatic translation: listings and chat may be machine-translated across DE/FR/IT/EN (and additional languages as we expand). Translations are provided for convenience and may contain inaccuracies; the original-language text prevails.
• We may moderate, remove, or restrict content or accounts that breach these Terms, and we operate a Help & Safety hub.

10. Honored-Spot Guarantee

What it covers. If you have a confirmed booking and the spot cannot be used when you arrive - for example it is blocked, unavailable, or access does not work - through no fault of yours, you can report this in the app under the Honored-Spot Guarantee. You can report from 30 minutes before the booking starts until it ends, and not after you have entered the space.

Your two options. You can choose either:

• a nearby spot. We show you comparable nearby spots. The spot you choose is booked at its own price, which may be higher or lower than your original booking, and charged to your card; or
• a full refund of the booking, including any add-ons booked with it.

Who pays. The refund of your original booking is paid out of the host's payment for that booking. Parkberry returns its own commission and the VAT on that commission for the same booking. Parkberry does not pay the refund or the price of a replacement spot from its own funds. Because the parking contract is between you and the host, the guarantee is a way of settling that contract between you and the host, and Parkberry acts as the host's intermediary in carrying it out. We issue the refund to your original payment method as soon as the claim is confirmed or decided in your favour; your bank usually shows it within 5 to 10 business days.

Host response. When you report a problem, the host is told straight away and may confirm or contest within a response window shown in the app (currently 60 minutes). If the host confirms, or does not respond and our records show that you did not enter the space, the refund goes ahead. If the host contests, or our records show an entry, the Parkberry team reviews the claim. We may ask both of you for photos, messages or other evidence. We then decide whether the refund goes ahead and tell you the outcome and the reasons in the app. If we find that the space was available and you could have used it, the booking is treated as a no-show under its cancellation policy (§5). A decision under this guarantee settles the claim within Parkberry; it does not limit your or the host's statutory rights or your right to go to court.

While a claim is open. If you choose a nearby spot, you pay for it at its own price when you book it, and the original booking is refunded once the claim is confirmed or decided in your favour. If the claim is rejected, the original booking stands and you remain responsible for both bookings. The app shows you the status and the deadline.

Conditions. The guarantee requires a valid booking, a report within the time above, an accurate vehicle profile, and no misuse. There is one claim per booking. We may refuse or reverse a claim that is false or abusive, and may suspend accounts that misuse it.

No bonus. The guarantee does not include a bonus or compensation beyond the refund or the nearby spot. We may, at our own discretion and without any entitlement on your part, offer goodwill credit in an individual case.

Your statutory rights are not affected.

11. Disputes between users

For disputes about a specific booking (condition, access, charges), first use in-app chat and our support channel. Parkberry may help mediate and, where appropriate, adjust charges, issue refunds, or carry out the guarantee under §10, but the underlying parking contract is between driver and host. When Parkberry decides that a refund is due, it is paid from the host's earnings on that booking by default, and Parkberry returns its own fee on it. It is never more than the host earned on that booking. Parkberry may fund goodwill itself at its discretion.

12. Safety & SOS

Parkberry provides a Help & Safety hub with one-tap SOS and Swiss emergency numbers. In a real emergency, always call the local emergency services first (in Switzerland: 112 general, 117 police, 118 fire, 144 ambulance). SOS may share your live location to help responders or our support team assist you.

13. Acceptable use

Do not misuse Parkberry, including: breaking the law; defrauding hosts/drivers/Parkberry; circumventing the vehicle-fit gate, access controls, or payment; manipulating reviews or loyalty; scraping; or interfering with the service's security or operation.

14. Liability

To the extent permitted by law:

• Parkberry provides the platform "as is" and does not guarantee uninterrupted availability or the conduct of hosts or drivers.
• Parkberry is not liable for the condition, legality, or availability of any space, nor for damage to vehicles or property caused by a host, driver, or third party.
• Parkberry's aggregate liability for direct damages arising from a booking is limited, to the extent permitted, to the amounts you paid for that booking. We do not exclude liability for death or personal injury caused by our negligence, for intentional or grossly negligent conduct, or where the law prohibits exclusion.

15. Suspension & termination

You may close your account at any time. We may suspend or terminate access for breach of these Terms, legal/safety reasons, or fraud. On termination we settle any promo credit balance and outstanding payouts as required by law and these Terms; certain provisions (e.g. payment, liability, governing law) survive.

16. Changes to the service & Terms

We may update the service and these Terms. For material changes we give reasonable notice in the app. Continued use after changes take effect means you accept the updated Terms.

17. Governing law & jurisdiction

These Terms are governed by Swiss law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). The courts of Zürich, Switzerland have exclusive jurisdiction, subject to any mandatory consumer-protection rights that entitle a consumer to the courts or law of their place of residence.

18. Contact

Davidovski GmbH, Wehntalerstrasse 283A, 8046 Zurich, Switzerland · [email protected] · https://parkberry.app

---

This combined Privacy Policy and Terms of Service should be reviewed and finalised by qualified Swiss/EU legal counsel before publication. Remaining bracketed items name specific third-party vendors (hosting, communications, translation, AI, and maps providers) that will be confirmed as they are contracted.