Terms and Conditions of Sale

Park & Keep is a Software as a Service (SaaS) suite intended exclusively for professionals who keep vehicles: airport and station car parks, classic car storage, and motorhome and caravan storage. Depending on the plan chosen, it includes:

• →a white-label booking or request website (subdomain, then custom domain), available in six languages;
• →a back office for managing bookings, contracts, pricing, spaces, customers and invoices;
• →a field app for teams (assignments, photo vehicle condition reports, signature), usable offline;
• →the platform hub: ingestion of bookings received by email from partner platforms and commission reconciliation;
• →collection of payments from end customers into the Customer's Stripe account (Article 8) and sending of transactional emails and SMS.

The service is provided on a hosted basis: the Customer accesses it via the Internet and acquires no ownership rights in the software. Details of the features included in each plan are set out on the Pricing page.

Access to the service requires creating an account and taking out a subscription. The Customer guarantees the accuracy of the information provided (identity, address, billing details) and undertakes to keep it up to date. An account corresponds to a single legal entity; it may include several users (managers, valets) under the Customer's responsibility.

The Customer is responsible for the confidentiality of its login credentials and the access codes of its teams. It shall inform Park & Keep without delay of any unauthorized access.

3.1 Term. The subscription is taken out for an initial term of twelve (12) months running from the end of the trial period (Article 4). At the end of this term, it is automatically renewed for successive twelve (12) month periods, unless terminated under the conditions of Article 6.

3.2 Plans and Billing. Three plans are offered (Essential, Pro, Business), billed monthly or annually in a single payment with a 15% discount. The Customer may upgrade to a higher plan at any time (effective immediately, billed pro rata); downgrading to a lower plan takes effect at the end of the current commitment period. No setup fee is charged.

3.3 Price and VAT. The prices in effect are those displayed on the Pricing page at the time of subscription, expressed in euros. The Publisher benefits from the VAT exemption for small businesses (franchise en base) under Article 293 B of the French General Tax Code (CGI): no VAT is charged, and invoices bear the mention "TVA non applicable, art. 293 B du CGI". Should the Publisher become subject to VAT, it would be added to the displayed prices at the rate in effect from the date it becomes liable, after informing the Customer by email at least thirty (30) days in advance.

3.4 Payment. Payment is made by credit card (or SEPA direct debit where offered) via the Stripe provider, at the start of each billing period. Invoices are issued automatically and sent by email; they remain available in the "Subscription" section of the back office.

3.5 Price Revision. The Publisher may modify its pricing for the following renewal period, subject to notice by email at least sixty (60) days before the renewal date; the Customer may then terminate free of charge before that date. Prices remain fixed during the current commitment period.

Every subscription begins with a free trial period of seven (7) days giving access to all the features of the chosen plan. A valid payment method is requested at sign-up; no amount is charged during the trial.

At the end of the seven days, the twelve (12) month subscription referred to in Article 3 starts automatically and the first payment is charged, unless cancelled by the Customer before the trial expires from its management area or by email to contact@parkandkeep.com. Cancellation during the trial incurs no charge.

If no payment method has been registered by the end of the trial, access to the back office is suspended; the Customer may activate its subscription at any time within thirty (30) days, after which the data is deleted (Article 6.3).

In the event of a failed payment, Park & Keep shall inform the Customer by email and Stripe will make further attempts. The Customer has a period of seven (7) days from the first failure to remedy the situation (updating the payment method or paying the invoice online).

Failing remediation by the end of this period, access to the back office, the field app and the Customer's booking websites is suspended until full payment of the amounts due. Suspension does not terminate the subscription: the monthly fees remain due throughout the commitment period.

The Customer's data is retained for thirty (30) days from the date of suspension, then deleted if the situation has not been remedied, unless a legal retention obligation applies. Any unpaid amount may, without prior formal notice, give rise to late payment penalties at the applicable statutory rate and a fixed recovery cost indemnity of €40 (Articles L. 441-10 and D. 441-5 of the French Commercial Code).

6.1 By the Customer. The Customer may terminate its subscription effective at the end of the current commitment period, by email to contact@parkandkeep.com or via the billing portal, no later than two (2) months before that date. Termination requested before the end of the commitment period renders the remaining monthly fees due until that date; the prepaid annual plan is non-refundable. No compensation is due in the event of termination during the trial period.

6.2 By the Publisher. The Publisher may terminate the contract at the renewal date with two (2) months' notice. In the event of a serious breach by the Customer (fraudulent use, persistent non-payment, infringement of third-party rights, use contrary to the professional purpose of the service), the Publisher may suspend access immediately and terminate without notice, without prejudice to amounts due.

6.3 Data Portability and Deletion. At the end of the contract, the Customer has thirty (30) days to export its data (customers, bookings, contracts, pricing, invoices) via the built-in exports (CSV, PDF). After this period, the data is permanently deleted, unless a legal retention obligation applies (billing data: ten years).

Any Customer holding an active subscription (including during the trial) has a referral link and code in its "Subscription" area. When a new customer (the "Referred Customer") signs up using this link or code and confirms its subscription (first payment collected after the trial), the referrer receives a credit equal to 10% of the Referred Customer's subscription amount over twelve (12) months (12 monthly payments, or the prepaid annual amount), credited in a single instalment to its Stripe billing account and applied against its subsequent invoices.

• →The credit is earned upon confirmation of the Referred Customer; it is neither paid in cash nor transferable, and lapses upon termination of the referrer's account.
• →The number of Referred Customers giving rise to a credit is limited to five (5) per referrer.
• →The referral program cannot be combined with a subscription brought in by a sales representative or business introducer of the Publisher: in that case, no credit is due.
• →A Referred Customer may only be referred once; self-referral and accounts created solely to obtain the credit will result in the cancellation of the credit and, where applicable, termination of the accounts concerned.

Bookings and contracts are sold by the Customer to its own customers (the "End Customers"); the Customer is the sole seller and provider of the parking or storage service. Park & Keep is not a party to these contracts and acts solely as the provider of the technical tool.

To collect payments online, the Customer connects its own Stripe account (Stripe Connect, Standard account) and accepts Stripe's terms. Funds are collected directly into the Customer's account; Park & Keep never holds the funds. No commission is charged by default on bookings; a commission rate may only apply if agreed in writing with the Customer, in which case it is automatically deducted from each payment (Stripe application fees) and shown in the "Subscription" area.

The Customer is responsible for its tax, invoicing and refund obligations toward its End Customers, as well as for compliance with the regulations applicable to its business (consumer law, insurance, data protection). Stripe's processing fees remain the Customer's responsibility according to Stripe's pricing schedule.

Park & Keep provides a default cancellation policy that the Customer may modify in its website settings. The default policy applicable to parking bookings is as follows: free cancellation up to 48 hours before vehicle drop-off; after that and up to drop-off, 50% of the amount is withheld; after drop-off, no refund. A cancellation insurance option, when activated by the Customer, allows the End Customer to be fully refunded up to 2 hours before drop-off.

The policy displayed on the Customer's website at the time of booking is the one that applies between the Customer and its End Customer. Refunds are made by the Customer from its Stripe account; Park & Keep is never liable to End Customers.

The Customer undertakes to:

• →use the service in accordance with its professional purpose and these Terms of Sale;
• →not attempt to circumvent security measures or access other customers' data;
• →comply with applicable regulations, in particular regarding the protection of personal data of its End Customers, for which it is the data controller;
• →not resell, sub-license or transfer access to the service to third parties without prior written agreement;
• →keep its billing details and payment method up to date and pay invoices when due;
• →guarantee that it holds the rights to the content (text, photos, logo) it publishes on its website.

The Publisher undertakes to:

• →provide the service with a target availability of 99.5% per month, excluding scheduled maintenance announced at least 48 hours in advance and excluding cases of force majeure;
• →host data within the European Union and comply with its obligations as a data processor within the meaning of the GDPR (Privacy Policy);
• →notify the Customer of any data breach concerning it within 72 hours of becoming aware of it;
• →provide email support on business days, with a target first-response time of 24 business hours;
• →maintain and improve the service at no extra cost for the features included in the subscribed plan.

The Park & Keep service and all its elements (code, interface, trademarks, documentation) remain the exclusive property of the Publisher. The subscription grants the Customer a personal, non-exclusive, non-transferable right of use, limited to the term of the subscription.

Data entered by the Customer (bookings, contracts, pricing, customer records, photos) remains its exclusive property; the Publisher uses it only to perform the service and claims no rights over it. The Customer authorizes the Publisher to cite its name as a commercial reference, unless it objects in writing.

The Publisher's liability is limited to direct and foreseeable damage resulting from a proven breach of its obligations. It shall not exceed, for all claims combined, the amount paid by the Customer over the last twelve (12) months preceding the event giving rise to liability.

The Publisher shall not be liable for indirect damage (loss of revenue, customers or business), interruptions due to external causes (network, force majeure, failure of a third-party provider such as Stripe or Brevo), or disputes between the Customer and its End Customers (vehicle damage, delays, refunds), which are the sole responsibility of the Customer and its insurers.

The processing of personal data is governed by the Privacy Policy, which forms an integral part of these Terms of Sale and constitutes a data processing agreement within the meaning of Article 28 of the GDPR: the Customer is the data controller for its End Customers' data; the Publisher acts as processor on its instructions.

These Terms of Sale are governed by French law. As the service is reserved for professionals, the provisions of the French Consumer Code relating to mediation do not apply. In the event of a dispute, the parties shall first seek an amicable resolution; failing this within thirty (30) days, the dispute shall be brought before the competent courts of Metz (the Publisher's registered seat), subject to applicable mandatory rules.

For any question regarding these Terms of Sale: contact@parkandkeep.com, +33 7 64 38 60 55, or by post to Tresor Kaya, 1 rue du Sculpteur Bussière, 57130 Ars-sur-Moselle, France.