Terms of use

PADO MOBILE APP TERMS OF USE

 

This Mobile App Terms of Use (“Agreement”) is a binding legal contract between you (either an individual or a legal entity) and pado-community GmbH (“pado”).  By downloading, installing, accessing or using our pado parking mobile application and similar functionality available through our website (collectively, the “App”) you will be bound by the terms of this Agreement.  If you do not agree to the terms of this Agreement, pado is not willing to grant you any right to use or access the App to you.  In such event, you may not download, install, access, use or copy the App.   

  1. Scope of License.  pado grants to you a nontransferable license to use the App on devices that you own or control. pado reserves all rights in and to the App not expressly granted to you under this Agreement. The terms of this Agreement will govern any content, materials, or services accessible from or purchased within the App as well as upgrades provided by pado that replace or supplement the original App, unless such upgrade is accompanied by a new or revised Agreement. Without our prior written permission, you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the App and, if you sell your device to a third party, you must remove the App from the device before doing so. You may not copy (except as permitted by this license), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the App). 
  2. Limitations On License.  The license granted to you in this Agreement is restricted as follows:  
  • Limitations on Copying and Distribution.  You may not copy or distribute the App except to the extent that copying is necessary to use the App for purposes set forth herein.  
  • Limitations on Reverse Engineering and Modification; APIs.  You may not (i) access or use the application programming interfaces (“APIs”) for any purpose other than your licensed use of the App or (ii) reverse engineer, decompile, disassemble, modify or create works derivative of the App, except to the extent expressly permitted by applicable law. 
  • Sublicense, Rental and Third Party Use.  You may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the App, or directly or indirectly permit any third party to copy and install the App on a device not owned and controlled by you.    
  • Proprietary Notices.  You may not remove any proprietary notices (e.g., copyright and trademark notices) from the App or its documentation. 
  • Use in Accordance with Documentation.  All use of the App must be in accordance with its then current documentation, if any, provided with the App or made available on pado’s website.
  • Confidentiality.  You must hold the App and any related documentation in strict confidence for your own use only.
  • Compliance with Applicable Law. You are solely responsible for ensuring your use of the App is in compliance with all applicable foreign, federal, state and local laws, and rules and regulations.  
  1. Account Set-Up.  You agree to: (a) provide true, accurate, current, and complete information when registering to use the App and establishing your account (“Registration Information”) and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or pado has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, pado may suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password.  Doing so will compromise the security of your account and your personal data.  
  2. Online Services Associated with the App.  The App may be used to access certain online services.  In some cases, you will not receive a separate notice when the App connects to those services.  Using the App constitutes your consent to the transmission of standard device information (including, but not limited to, technical information about your device, system, and application software) to those services.  Your use of those services may be governed by additional terms and conditions.  Using the online services will constitute your acceptance of and agreement to be bound by those additional terms and conditions, if any.  You may not use any online services in any way that could harm those services, disrupt their operation, or impair any other user’s use of those services or the wireless network through which they are accessed.  You may not use the online services to gain unauthorized access to or use of any service, data, account, or network by any means.
  3. “Rules of the Road” and How the pado Parking App Works. Our App enables users to share, exchange, help each other and optimize the usage of the parking spaces. Thus, an individual that can provide information (who refer a “Provider”) about a parking space which the Provider is vacating or about which the Provider otherwise has useful information can share that information with drivers looking for a parking space (who we refer to as “Drivers”). pado does not provide a valet service, operate a parking lot or otherwise accept custody of motor vehicles. While those services may be provided by others, these third parties are in no way our agents or acting on our behalf.

The functionality provided by the App is limited to (i) allowing Providers to provide information about available or potentially available parking spaces, (ii) informing Drivers about the location of and potential availability of parking, and (iii) providing Drivers with the ability to communicate with Providers regarding parking space(s). The allocation of parking spaces within a lot is solely in the control of the Providers or lot attendant or uncontrolled if not attended. We therefore cannot be responsible for any consequences arising from the lack of suitable parking. All parking and any arrangements between Drivers and Providers are governed by applicable state and local laws, regulations and ordinances, rules of the parking facility as posted at the location and similar rules and regulations. 

pado does not: 

  • Accept any responsibility whatsoever regarding the safety of persons or property in the locations selected by Providers or Drivers. 
  • Guarantee the availability of parking spots, or any specific parking spot in the location communicated by a Provider and/or selected by a Driver. 
  • Assume any responsibility whatsoever for the consequences of not being able to park or delays associated with parking. 
  • Accept any responsibility for ensuring that Drivers arrive at parking location designated by Providers; nor for road closures, weather delays, changing traffic conditions, or any other circumstances outside of pado’s control. 

All information provided by Providers in the App for publication or distribution to Drivers must be complete, accurate and not misleading. If the Provider cannot fulfill the parking space or false information about the parking is provided, pado will hold the Provider liable with respect to any claims asserted by the Driver against pado. In this regard, each Provider agrees to defend, indemnify and hold pado harmless from and against any claims asserted against pado, including claims by Drivers, arising out of or relating to a Provider’s breach of these Terms of Use, applicable law, negligence or other misconduct or improper conduct.

  1. Cautious Driving. Always drive vigilantly according to road conditions and in accordance with traffic laws. It is strictly forbidden to send traffic updates (such as updates on road accidents and traffic congestion), or to non-verbally interact with the App or use the App in a non-verbal manner for any purpose other than navigation while driving. Traffic updates or non-verbal reports you want to submit to the App may only be sent after you have stopped your vehicle in an appropriate location permitted by law. Alternatively, such updates may be sent by a passenger other than the driver, provided it does not interfere with the due course of driving and does not distract the driver’s attention to the road.
  2. Feedback. You may provide suggestions, comments or other feedback (collectively, “Feedback”) regarding our products and services, including the App. Feedback is voluntary.  We may use Feedback for any purpose without obligation of any kind.  To the extent a license is required under your intellectual property rights to make use of the Feedback, you grant us an irrevocable, world-wide, non-exclusive, perpetual, fully-paid-up, royalty-free license to use the Feedback in connection with our business, including the enhancement of the App and the provision of products and services to our customers.
  3. Termination.  This Agreement and the license rights hereunder will automatically terminate in the event you breach any of its terms.  In the event of a claim of intellectual property infringement by any third party relating to the App, pado may immediately terminate this Agreement. This may include remotely accessing the App to cease its operation.  In such case, the App may cease to function and your data may become inaccessible.  You are solely responsible for backing up any data stored in the App.  
  4. Accuracy of Content.  Although pado attempts to ensure the integrity and accuracy of content and materials, including information provided by Providers and other parking information (“Content”) available on or through the App, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the App and Content. It is possible that the App could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the App by third parties. In the event that an inaccuracy arises, please inform pado so that it can be corrected. pado reserves the right to unilaterally correct any inaccuracies on the App without notice. Information contained on the App may be changed or updated without notice. Additionally, pado shall have no responsibility or liability for information or Content posted to the App from any non-pado affiliated third party.
  5. In-App Purchases.  You may elect to purchase additional features or functionality for the App through in-app purchases.  You agree to pay all fees associated with purchases made through the App.  All fees are non-refundable, non-cancellable. You may also be able to purchase products and/or services using the App. If a credit or debit card, or bank account (“Charge Account”) is being used for a transaction, pado may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the Charge Account you designate during the setup process. If you want to designate a different Charge Account or if there is a change in your Charge Account, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information. You represent and warrant that if you are making payments that (i) any Charge Account you supply is true, correct and complete, (ii) charges incurred by you will be honored by your Charge Account company or issuer, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the Charge Account is maintained and you are authorized to make a purchase or other transaction with the relevant Charge Account. 
  6. Submissions, Reviews, Feedback and other Submissions. If you submit, upload or post any comments, ideas, suggestions, information, files, videos, images or other materials to us or our App (“Submissions”), you agree not to provide any Submissions that (1) are defamatory, discriminatory, racist, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violate or infringe the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contain or transmit a virus or any other harmful component. You agree not to contact other App users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to pado that you have the legal right and authorization to provide all Submissions to pado for the purposes and pado’s use as set forth herein. pado shall have a royalty-free, irrevocable, transferable right and license to use the Submissions in whatever manner pado desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Submissions and/or incorporate such Submissions into any form, medium or technology throughout the world. pado is and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay to you any compensation for any Submissions; or (3) to respond to any Submissions. 

pado does not regularly review posted Submissions, but does reserve the right (but not the obligation) to monitor and edit or remove any Submissions submitted to the App. You grant pado the right to use the name that you submit in connection with any Submissions. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Submissions. You are and shall remain solely responsible for the content of any Submissions you make. pado and its affiliates take no responsibility and assume no liability for any Submissions submitted by you or any third party.

You agree to defend, indemnify and hold pado harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by pado arising out of any Submissions you post or allow to be posted to the App.

  1. Claims of Copyright Infringement.  We disclaim any responsibility or liability for copyrighted materials posted on our site.  If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below. pado respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to pado’s Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the App

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our App by sending us a notice (“Notice”) complying with the following requirements. 

1. Identify the copyrighted works that you claim have been infringed.

2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the App where such material may be found.

3. Provide your mailing address, telephone number, and, if available, email address.

4. Include both of the following statements in the body of the Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to our Copyright Agent:

Domenico Solazzo

Gymnasiumstrasse 4, 67547 Worms, Germany

Tel.:     +49 6241 3861002

domenico@pado-community.com

  1. Privacy.  pado recognizes the importance of respecting your privacy. Our Privacy Policy https://www.pado-parking.com/privacy-policy/ provides a description of how we collect, use, share and protect personal information, as well as the choices and access rights you have in regards to such personal information. 
  2. App Support; Functionality.  All questions and requests relating to App support must be directed to pado.  The Third Parties, as defined in Section 15, are not responsible for providing support for the App and may not be contacted for support.  We may change or remove functionality and other features of the App at any time, without notice.
  3. Your Warranties.  You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  4. No Warranty. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PADO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PADO OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PADODISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY OR LEGALITY OF ANY PARKING SPACES UTILIZED BY PROVIDERS OR DRIVERS IN CONNECTION WITH USE OF THESHOULDSHOULD THE APP OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. 
  5. Modified Devices and Operating Systems.  pado will have no liability for errors, unreliable operation, or other issues resulting from use of the App on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including use of modified versions of the operating system (collectively, “Modified Devices”).  Use of the App on Modified Devices will be at your sole and exclusive risk and liability.
  6. No Liability of Third Parties. Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store, marketplace, or similar service through which you obtain the App, and their respective affiliates, suppliers, and licensors (collectively, “Third Parties”) are not parties to this Agreement and they do not own and are not responsible for the App.  pado, and not any Third Parties, is responsible for addressing any claims raised by you or any third party regarding the App or your use or possession thereof, including claims related to product liability, legal or regulatory requirements, and consumer protection or similar legislation.  You are responsible for complying with all application store and other applicable Third Party terms and conditions.  YOU AGREE (I) THE THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE APP, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (II) IN NO EVENT WILL THE THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT OR THE APP, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (III) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL IN NOT EXCEED FIVE HUNDRED DOLLARS ($500.00); AND (IV) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE THIRD PARTIES ARISING OUT OF THE APP AND THIS AGREEMENT.  THE THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS AGREEMENT, CAPABLE OF DIRECTLY ENFORCING ITS TERMS.  NOTHING CONTAINED IN THIS AGREEMENT WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE THIRD PARTIES WITH REGARD TO THEIR SUBJECT MATTER.  In the event of any claim that the App or your possession and use of the App infringes a third party’s intellectual property rights, the Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.
  7. Limitation of Liability.  TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL PADO BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF PADO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall pado’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

ALWAYS DRIVE VIGILANTLY ACCORDING TO ROAD CONDITIONS AND IN ACCORDANCE WITH TRAFFIC LAWS. IT IS STRICTLY FORBIDDEN TO SEND ANY CONTENT – INCLUDING TRAFFIC UPDATES (SUCH AS UPDATES ON ROAD ACCIDENTS AND TRAFFIC CONGESTION)- WHILE DRIVING. YOUR CONTENT SUBMISSIONS MAY ONLY BE SENT AFTER YOU HAVE STOPPED YOUR VEHICLE IN AN APPROPRIATE LOCATION PERMITTED BY LAW. ALTERNATIVELY, CONTENT MAY BE SENT BY A PASSENGER OTHER THAN THE DRIVER, PROVIDED IT DOES NOT INTERFERE WITH THE DUE COURSE OF DRIVING AND DOES NOT DISTRACT THE DRIVER.

YOU MUST NOT ATTEMPT TO VIEW OR CLICK ON ANY ADS WHILE OPERATING A VEHICLE. YOU ALONE ARE RESPONSIBLE FOR DRIVING RESPONSIBLY, AND YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT THAT YOU VIOLATE THE FOREOING PROVISION, THE THIRD PARTY ADVERTISERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE DISPLAY OF THE ADS ON THE APP OR YOUR VIEWING OF THE ADS ON THE APP.

  1. External Services. The App may enable access to pado’s and/or third-party services and websites, including social media sites (collectively and individually, “External Services“). You agree to use the External Services at your sole risk. pado is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by the App or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by pado or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Agreement or that infringes the intellectual property rights of pado or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that pado is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. pado reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you. 
  2. Your Indemnity.  In addition to other indemnification obligations hereunder, you agree to and will indemnify, defend, and hold harmless pado and its suppliers and licensors and the Third Parties from and against all damages, liabilities, costs, fines, sanctions, and expenses arising out of your breach of this Agreement, violation of applicable law, negligence or other misconduct were inappropriate conduct.
  3. Export Restrictions.  You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
  4. Changes to this Agreement.  pado reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the App. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the App will be deemed acceptance thereof.
  5. Additional Terms. This Agreement constitutes the entire agreement between you and pado and governs your use of the App, superseding any prior agreements with respect to the same subject matter between you and pado. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. pado’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. pado will not be responsible for failures to fulfill any obligations due to causes beyond its control. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the App. Your use of the App may also be subject to other laws. Risk of loss for all electronically delivered transactions pass to the acquirer upon electronic transmission to the recipient. 
  6. Notices to You. pado may notify and provide notifications to you relating to the App by sending an email message to your email address or a letter via postal mail to your mailing address, or by a posting on the App. Notices shall become effective immediately. pado may also contact you by email or push notification to send you additional information about the App.
  7. Enforcement.  You hereby grant pado the right to take steps pado believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that pado has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as pado believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to pado’s right to cooperate with any legal process relating to your use of the App and/or Content, and/or a third-party claim that your use of the App and/or Content is unlawful and/or infringes such third party’s rights).
  8. Minor Children. The App is not intended for use by children under the age of 16 and any such use is prohibited. 
  9. Disputes – Mandatory Binding Arbitration. Any dispute or claim relating in any way to your use of the App, or to any products or services sold or distributed by pado through the App will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.

To begin an arbitration proceeding in the U.S., you must send a letter requesting arbitration and describing your claim to:

Domenico Solazzo

Gymnasiumstrasse 4, 67547 Worms, Germany

Tel.:     +49 6241 3861002

domenico@pado-community.com

The arbitration will be conducted by the American Arbitration Association (AAA) and its International Centre for Dispute Resolution (IDCR) under their applicable rules, using a single arbitrator.  All arbitration filings and proceedings, to the extent feasible, shall be conducted online, electronically and/or remotely.  Additional information can be found at adr.org. 

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

  1. Contact Information.  pado’s contact information is as follows:

For customers in the United States:

info-us@pado-community.com or call us at +1 248 342-6763

For customers in the European Union and rest of world:

info@pado-community.com or call us at +49 (0) 6241 / 3861002

Domenico Solazzo

domenico@pado-community.com 

Gymnasiumstraße 4

67547 Worms