Perky

Perky Terms of Use

Draft, not yet reviewed by a lawyer. The bracketed items are decisions for the operator. Have an Israeli lawyer review this text before launch, in particular against the Standard Contracts Law, the Consumer Protection Law and the Protection of Privacy Law (including Amendment 13), and publish a Hebrew version, which should prevail for users in Israel.

1. What Perky is

1.1. Perky is a mobile app that helps two drivers coordinate the hand-off of a public parking spot: a driver who is about to leave a spot (the "leaving driver") offers it, and a driver looking for parking nearby (the "arriving driver") accepts it and drives there, so the leaving driver pulls out when the arriving driver is at the spot.

1.2. Perky is a coordination service only. Perky does not own, sell, rent, reserve or guarantee any parking spot. Public parking belongs to the local authority and is subject to its rules. A spot offered in the app may be taken by someone else, may not fit your car, or may not be legal for you to park in at that time. You are always responsible for where and how you park.

1.3. These Terms are a binding agreement between you and Perky. By creating an account or using the app you accept them. If you do not accept them, do not use the app.

2. Who can use Perky

2.1. You must be at least [18] years old, hold a valid driving licence, and be legally able to enter into this agreement.

2.2. You sign in with your mobile phone number and a one-time code. One phone number is one Perky account. Keep your phone and your sign-in codes to yourself; you are responsible for what is done with your account.

2.3. The details you give (your first name, your car's plate, make, model, colour and size) must be true and yours to give. You may register only a car you own or are allowed to drive.

3. Car accounts

3.1. In Perky the account belongs to the car. Each car is registered once, by its plate. The first person to register a car is its owner; up to [5] people (members) can share one car, and a phone can belong to one car at a time.

3.2. The owner can invite people to the car, approve or decline requests to join, remove members, hand ownership to another member and edit the car's details. Any member can leave the car; an owner first hands ownership to another member, unless they are the last one. Invites and join requests expire after the time shown in the app.

3.3. People who share a car see each other's first name and full phone number in the app. Invite only people you are happy to share this with.

3.4. All members of a car share one credit balance (the car's wallet) and one saved parking spot. Only one hand-off per car can be active at a time; the member who started it is the only one who can act on it, and the other members see it read-only.

3.5. If someone else has registered your car's plate, you can ask us to review it in the app. We may ask for proof of ownership or permission to drive the car. If we accept the claim, we close the existing car account (its credits are removed, see section 4.6) and the plate becomes free to register.

4. Credits

4.1. Perky uses credits, an in-app unit used only to take part in hand-offs. Credits are not money, have no cash value, are not a payment for a parking spot or for parking, and are not a deposit or a stored-value product.

4.2. Credits cannot be bought, sold, cashed out, exchanged for money or anything of value, or moved between cars, inside or outside the app. Any attempt to sell, buy or trade credits, spots or accounts for money is a breach of these Terms.

4.3. A new car receives a welcome grant of [1] credit, once per plate and once per phone number, ever. We may also grant credits at our discretion, for example to fix a problem.

4.4. A hand-off costs the arriving driver's car [1] credit. When the arriving driver accepts an offer, that credit is held by Perky for the hand-off. It goes to the leaving driver's car when the arriving driver confirms they parked, or when the app completes the hand-off from location signals. It goes back to the arriving driver's car when the hand-off ends without a hand-over (for example a cancel, the time running out, or an accepted report), as described in section 5.

4.5. Credits never expire while the car account exists. We do not create credits through hand-offs: a hand-off only moves a credit from one car to another.

4.6. When a car account closes (its last member leaves or deletes their account, or we close it after a plate claim), its remaining credits are removed and cannot be restored or transferred.

4.7. We may correct a balance that is wrong because of an error, a bug or a breach of these Terms.

5. Hand-offs

5.1. Offering. The leaving driver sets the place and the time they will leave. The offer is shown to arriving drivers nearby whose car fits (same size or smaller, by the car sizes drivers confirmed) and expires a short time after the leaving time if nobody accepts it. The leaving driver can withdraw it until it is accepted. Nothing is offered again automatically after a cancel.

5.2. Accepting and arriving. The arriving driver has the arrival time shown in the app (based on the driving distance, with a cap) and may ask once for a short extension near the end. When both phones are at the spot, the arriving driver taps "I'm here", which tells the leaving driver to pull out.

5.3. Completing. After the leaving driver pulls out, the arriving driver is asked "Did you park?". Confirming completes the hand-off. If neither driver reports a problem in the time shown in the app and the location signals agree, the app completes it automatically.

5.4. Cancelling and no-shows. The arriving driver can cancel before arriving; their credit comes back. If the arriving driver does not arrive in time, the hand-off ends and their credit comes back. Cancels and no-shows affect your reliability (section 5.7).

5.5. Reports. If the leaving driver left before you arrived, or the spot was taken, you can report it. A report results in a refund only when Perky's location evidence supports it; otherwise the hand-off goes to review. The leaving driver can also report a problem in the cases the app offers.

5.6. Review (disputes). A hand-off under review keeps its credit held until a Perky team member decides it, either releasing the credit to the leaving driver's car or returning it to the arriving driver's car. We decide on the information available to us, including location signals and what the drivers report. Location is a signal, not proof, and our decision is final within the app.

5.7. Reliability. Perky keeps an internal reliability record for each car based on hand-off outcomes (for example completed hand-offs, cancels, no-shows and the outcome of reviews). It is not shown to other users. We use it to order and limit offers and to protect the service, and we may limit or suspend cars with poor reliability.

5.8. A car cannot take part in a hand-off with itself, and members of the same car cannot hand off to each other.

6. Driving safely and lawfully

6.1. Do not use Perky while driving. Look at or touch the app only when you are parked or a passenger is using it for you. Obey all traffic laws, road signs and the instructions of the police and parking inspectors at all times; nothing in the app overrides them.

6.2. Do not block traffic, double-park, wait in a place where stopping is not allowed, or drive unsafely to reach a spot or to keep it. Do not "hold" a spot by standing in it or by any other means.

6.3. Parking fees, residents-only rules, time limits, fines, towing and any other cost or consequence of parking are your responsibility. Parking information in the app (section 8) may be wrong or out of date; the signs and markings on the street always win.

6.4. Be respectful to other drivers. Perky does not check the identity, licence or conduct of any user and is not responsible for what other drivers do.

7. Location

7.1. Perky needs your phone's location to work. Location is collected only while you take part in an active hand-off (from the moment it is accepted), at most once every few seconds, including in the background, so the other driver can see you approach and so the app can complete or check the hand-off. Collection stops when the hand-off ends or goes to review. In some reports, the leaving driver's location for that hand-off is collected for a short time after their report, so a review can see whether they drove away.

7.2. Hand-off locations are deleted [7] days after the hand-off ends. Locations of a hand-off under review are kept until the review is decided, then the same period applies.

7.3. When you look for parking, the app sends only a rough area (about 100 m) to find offers near you, and the server does not keep it.

7.4. Your car's saved parking spot (saved by a member, or by the car's own completed hand-off) is one point per car, visible only to the car's members. It is deleted when the car hands that spot off to another driver, when a member taps "I moved the car", when the car account closes, and [14] days after it was saved.

7.5. You can turn off location permission in your phone's settings, but then you cannot take part in hand-offs.

8. Parking information you share

8.1. The app may ask you about a spot's parking rules (curb markings, paid hours, residents only, time limits). Answering is optional. Your answers are stored as information about the place: a point rounded to about 10 m, the rules and the month. The stored answer is never linked to you, your car or a hand-off. A temporary link, kept only for a short time after you answer, lets you change your answer, and is then deleted. Answers are combined with other drivers' answers and shown to drivers as a suggestion, and are deleted [24] months after their month.

8.2. You give us a free, perpetual, worldwide, irrevocable licence to use, combine, display and share this information, also to build maps of parking rules. Do not knowingly give false answers.

9. Car size

9.1. When you add a car, the app suggests its size from its make and model. To do this, the make and model only (no plate, name, phone or location) are sent to an AI service provider. You confirm or change the size, and the size you confirm is what the app uses for matching. Please confirm it honestly: a wrong size can send you to spots your car does not fit.

10. Notifications

10.1. Perky sends push notifications about your hand-offs and about your car (for example invites, join requests and credits). You can turn "Handoff alerts" and "Credits & car" on or off in Settings, or turn notifications off in your phone's settings. If you turn hand-off alerts off you may miss "You can leave" or "Did you park?", and a hand-off may end without you; that is your choice and your responsibility.

11. Acceptable use

You must not:

12. Our rights

12.1. We may limit, suspend or close an account or a car, cancel an open hand-off, hold or remove credits, or refuse service, if we reasonably believe these Terms were breached, to protect users or the service, or if the law requires it. Where it is reasonable, we will tell you why.

12.2. We may change, add or remove features (including the price of a hand-off in credits, the welcome grant and the time limits) and may stop the service. We will give reasonable notice of material changes where we can.

13. Your privacy

13.1. We process your personal data (phone number, first name, car details, car membership, hand-off history, location during hand-offs, push tokens) to run the service, as described in our Privacy Policy at https://perky.co.il/en/privacy, which is part of these Terms.

13.2. We use service providers to run Perky, including cloud hosting and database ([HOSTING PROVIDER AND REGION]), SMS delivery of sign-in codes ([SMS PROVIDER]), push notification delivery, maps and navigation links, and an AI provider for car-size suggestions (make and model only). They process data on our behalf.

14. Deleting your account

14.1. You can delete your account in Settings at any time, except while you are acting in an open hand-off or one under review.

14.2. When you delete your account we erase your personal data: your name, phone number, locations and push tokens. Records needed for the integrity of credits and hand-offs (credit movements, hand-off and review records) are kept without your name or number.

14.3. Your car stays with its other members, with its credits. If you were the owner, ownership passes to the longest-standing member. If you were the last member, the car account closes and its credits are removed (section 4.6).

15. Disclaimers

15.1. Perky is provided "as is" and "as available". We do not promise that a spot will be available, free, legal, safe or suitable for your car, that another driver will arrive or leave on time, that location or parking information is accurate, or that the app will always work or be error-free.

15.2. Location, timing and parking information in the app depends on phones, networks and other users, and may be inaccurate or delayed.

16. Limitation of liability

16.1. To the fullest extent the law allows, Perky, its owners, employees and suppliers are not liable for any indirect, incidental or consequential loss, or for any parking fine, towing, fee, damage to a vehicle, accident, injury, lost time or dispute with another driver, arising from your use of the app or from the conduct of other users.

16.2. Because the service is free and credits have no monetary value, to the fullest extent the law allows our total liability to you for any claim relating to Perky is limited to [ILS 100].

16.3. Nothing in these Terms limits liability that cannot be limited by law, including for wilful misconduct or gross negligence.

16.4. You will indemnify Perky against claims by third parties arising from your breach of these Terms or of the law while using Perky.

17. Changes to these Terms

17.1. We may update these Terms. We will tell you about material changes in the app [at least 14 days] before they take effect, and the app may ask you to accept the new version. If you do not accept it, you can stop using Perky and delete your account.

18. Law and jurisdiction

18.1. These Terms are governed by the laws of the State of Israel. The competent courts in [CITY], Israel have exclusive jurisdiction, except where consumer law gives you the right to sue elsewhere.

19. General

19.1. If a provision of these Terms is found invalid, the rest stays in force. Our not enforcing a provision is not a waiver of it. You may not transfer your rights under these Terms; we may transfer ours to a successor of the service. These Terms, with the Privacy Policy, are the whole agreement between you and Perky about the app.

19.2. Questions, complaints and plate claims: support@perky.co.il.