CurbMerge Terms of Service
These Terms of Service ("Terms") govern your access to and use of the CurbMerge mobile application and the curbmerge.com website (together, the "Service"), operated by Passion Projects Unlimited LLC, a New Jersey limited liability company, doing business as CurbMerge ("Passion Projects Unlimited," "CurbMerge," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Description of the Service
CurbMerge is an informational coordination platform only. CurbMerge helps a driver who is about to leave a legally occupied public parking space ("Giver") communicate that fact to a nearby driver who has requested that opportunity ("Receiver"). CurbMerge does not reserve, sell, guarantee, assign, or own any parking space, public or private. Public parking spaces remain available on a first-come, first-served basis, and CurbMerge does not alter that rule. A Receiver’s use of the Service does not create any legal right, priority, or entitlement to a specific space, and any space communicated through the Service may be taken by another driver before the Receiver arrives. CurbMerge makes no guarantee that any parking space identified through the Service will be available upon arrival.
The Service is publicly available through Apple’s App Store and operates in the service areas identified within the app. CurbMerge may add, adjust, or discontinue service areas at any time, and availability of the Service in a particular area is not a representation that every use of the Service in that area is lawful in every location within it.
A completed handoff may trigger a "Promises Kept" confirmation, a reliability score displayed to the individual user, or aggregated community-impact statistics. These features are non-monetary participation and reliability indicators only. They are not currency, compensation, a redeemable reward, or a promise of any environmental or financial outcome, and they do not entitle you to any payment, discount, or benefit from CurbMerge.
2. Eligibility and Device-Linked Profiles
You must be at least eighteen (18) years of age and able to form a binding contract to use the Service. To participate in a handoff as a driver, you must also hold a valid driver’s license and comply with all applicable traffic and parking laws.
CurbMerge does not require a conventional account, name, email address, or password. When you first use the Service, CurbMerge creates a device-linked user profile to support handoffs, acknowledgment records, and reliability information. You are responsible for activity associated with your device-linked profile and for maintaining control of the device on which the Service is installed.
3. Safe and Lawful Use
Do not interact with the Service while driving. Pull over to a safe, legal location before viewing, posting, claiming, or otherwise using a handoff listing. You are solely responsible for complying with all parking laws, traffic regulations, distracted-driving laws, and municipal ordinances applicable to your use of any public parking space, whether or not you learned of that space’s availability through CurbMerge. CurbMerge does not provide legal advice regarding local parking rules, and use of the Service does not excuse noncompliance with any law or regulation.
4. Voluntary Participation and Assumption of Risk
Use of the Service, including any parking handoff coordinated through it, is entirely voluntary. Driving and parking involve inherent risks, including but not limited to traffic accidents, disputes with other drivers, and property damage. By using the Service, you knowingly and voluntarily assume all risks associated with driving, parking, and interacting with other users, whether arising from your own conduct or the conduct of another user or third party.
5. Acceptable Use and Prohibited Conduct
You agree not to:
- Post a fraudulent, false, or misleading handoff listing, including indicating an intent to vacate a space you do not occupy.
- Harass, threaten, or interfere with another user, including blocking, obstructing, or attempting to physically prevent another driver from accessing a space.
- Use cones, barriers, vehicles, or any other object to block or hold a public parking space, or attempt to personally enforce a claim made through the Service against another driver.
- Use the Service to sell, auction, rent, reserve, or charge a fee for access to a public parking space, or to facilitate such a transaction between users.
- Use the Service for any unlawful purpose or in a manner that violates any applicable parking, traffic, or municipal law.
- Attempt to interfere with, disrupt, reverse-engineer, or gain unauthorized access to the Service or other users’ profiles, identifiers, or data.
- Impersonate another person or misrepresent your affiliation with any person or entity.
CurbMerge does not facilitate, and expressly prohibits, the sale or paid reservation of public parking spaces through the Service.
6. User-Generated Content
Any content or information you submit through the Service, including handoff listings, must be accurate and lawful. You retain ownership of content you submit, but you grant CurbMerge a non-exclusive, worldwide, royalty-free license to use, display, and distribute that content as necessary to operate the Service. CurbMerge may remove content that violates these Terms.
7. Location Services and Third-Party Services
The Service requires access to your device’s location to function. You may disable location access at any time (for example, through iOS Settings on an Apple device), but doing so will prevent the Service from operating. The Service relies on third-party systems, including Apple Maps for navigation, Apple’s App Store for distribution, hosting and mapping infrastructure, and Apple-provided diagnostic services where enabled by the user. Those third parties’ own terms and availability also apply, and CurbMerge is not responsible for their accuracy, outages, or decisions. Use of location data is further described in our Privacy Policy.
8. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CURBMERGE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY PARKING SPACE IDENTIFIED THROUGH THE SERVICE WILL BE AVAILABLE, SAFE, OR LAWFUL TO OCCUPY.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CURBMERGE AND ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, PARKING OPPORTUNITY, FINES, OR TOWING OR VEHICLE-RELATED COSTS, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING ANY DISPUTE, ACCIDENT, OR INJURY ARISING FROM A PARKING HANDOFF, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, EVEN IF CURBMERGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CURBMERGE’S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THE SERVICE WILL NOT EXCEED FIFTY DOLLARS ($50). NOTHING IN THIS SECTION LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, RECKLESSNESS, OR INTENTIONAL MISCONDUCT.
10. Indemnification
You agree to indemnify, defend, and hold harmless CurbMerge and its owners, officers, employees, and agents from any claim, damage, loss, or expense (including reasonable attorneys’ fees) arising from your use of the Service, your violation of these Terms, your violation of any law, or your interaction with another user, including any parking handoff.
11. Profile Suspension and Termination
CurbMerge may suspend or terminate your access to the Service, with or without notice, for conduct that violates these Terms, that CurbMerge believes is harmful to other users or to CurbMerge, or for any other reason at CurbMerge’s discretion. You may stop using the Service at any time. Deleting the app removes locally stored app data from that device but does not automatically delete information previously transmitted to CurbMerge. You may request deletion of your device-linked profile and associated personal information as described in the Privacy Policy, subject to any information CurbMerge is permitted or required to retain.
12. Intellectual Property
The CurbMerge name, logo, and the Service, including its software, design, and content (excluding user-generated content), are the property of Passion Projects Unlimited LLC and are protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without Passion Projects Unlimited LLC’s prior written consent.
13. Dispute Resolution and Governing Law
These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-laws principles. Any dispute arising from these Terms or the Service will be subject to the exclusive jurisdiction of the state and federal courts located in New Jersey, and you consent to personal jurisdiction in those courts.
14. Changes to These Terms
CurbMerge may update these Terms from time to time. If we make material changes, we will provide notice through the Service before the change takes effect. Your continued use of the Service after a change takes effect constitutes acceptance of the updated Terms.
15. Contact
Questions about these Terms may be submitted by email to support@curbmerge.com or through the support information available within the CurbMerge app and at curbmerge.com.