MyWay by Vicky, a brand of VICKY Operations B.V. (hereinafter referred to as "MyWay by Vicky", "we", "us", "our") offers an online platform where parking space owners ("lessor") can offer available parking spaces for rent and where motorists ("tenant") can search and reserve a parking space.

The services offered by MyWay by Vicky, registered with the Chamber of Commerce under number 77783255, located in Amsterdam, with its office at Haarlemmer Houttuinen 317, 1013 GM Amsterdam, are subject to these terms. MyWay by Vicky requests that you thoroughly review these terms before using the services.

When you register with MyWay by Vicky and use our services, you share personal data with us. How and for what purpose we use your personal data is described in our Privacy Policy.

You can find these terms and our privacy policy in the app and on the website.

Contents of these Terms

Definitions

Operation of these terms

Use and availability of our services

Payment terms

Parking with MyWay by Vicky

Renting with MyWay by Vicky

The GateGuard

Duration and termination of the agreement

Liability

Copyright

Miscellaneous

Choice of law and forum

Contact information

Definitions

- "App" means any app released by or on behalf of MyWay by Vicky relating to the services, regardless of platform (Android, iOS, etc.);
- "Lessor" means any type of user, person, or entity who has registered and uses our services to rent out a parking space or parking spaces.
- "Tenant" means any type of user, person, or entity who has registered and uses our services to search for and reserve a parking space.
- "User" means any type of user, person, or entity who has registered, including all lessors and all tenants. A user can simultaneously be both lessor and tenant.
- "Services" means all services of MyWay by Vicky. These services can be integrated into external applications.
- "Listing" means the parking space or parking spaces to be rented, created by the lessor. When published, the listing can be reserved by the tenant.
- "Personal Data" means the personal information provided by you. This personal information is necessary for the execution of our services.
- "Reservation" means the reservation made by the tenant through the MyWay by Vicky app.
- "Vehicle" means any type of vehicle used for transporting passengers, and the contents and accessories of the vehicle.
- "Parking Rate" means the reservation costs for a single reservation.
- "Rental Period" means the period of a single reservation.
- "Parking Location" means the garage or parking area where the parking space is part of.
- "Whitelisting" means the authorization of a user by a lessor for a specific duration and specific parking space.
- "Bookings" means the section of the MyWay by Vicky app where both the tenant and lessor can find the made reservations.
- "Overview" means the section of the MyWay by Vicky app where the lessor can find their earnings.
- "GateGuard" means the hardware with which the electric gate of a parking location can be unlocked.

Operation of these Terms

2.1 These terms apply to and determine the use of the services and all agreements, arrangements, and legal relationships between you and MyWay by Vicky. It is prohibited to use our services if you do not agree with their content.

2.2 These terms expressly replace all previous agreements, arrangements with you, as well as statements on behalf of MyWay by Vicky. These terms contain the entire agreement with you. Your general terms (if applicable) are hereby expressly rejected. The application of Article 7:404, 7:407 paragraph 2, and 7:409 of the Dutch Civil Code is explicitly excluded.

2.3 These Terms also extend to third parties engaged by MyWay by Vicky for the execution of the agreement, as well as to staff, directors, and advisors of MyWay by Vicky.

2.4 MyWay by Vicky may amend these terms from time to time. Changes are effective after MyWay by Vicky has notified you of the amended Terms via the services, by email, or otherwise. You then have the right to terminate the agreement with MyWay by Vicky. Your continued access to or use of the services after such publication or notification constitutes your approval to be bound by the amended terms.

Use and Availability of Our Services

3.1 There is (exclusively) an obligation of MyWay by Vicky towards you to keep the app as useful and efficient as possible.

3.2 For example, in view of this obligation, we may unilaterally decide to make changes to the app or perform other maintenance. You are required to always download and update to the latest version of the app as soon as possible. The foregoing does not guarantee that MyWay by Vicky will update the app in a timely manner, or that the app is relevant to you at all times and/or works and is compatible with your operating system (your Android or iOS version, etc.). The service that MyWay by Vicky provides is not error-free.

3.3 Our software is largely dependent on the availability of third-party services, such as your mobile phone, your internet connection, and third-party software, such as your operating system. MyWay by Vicky cannot be held liable if any of these services do not work properly.

3.4 When using the services, you may also simultaneously use services from third parties, such as Apple Inc., Google, Inc., or Microsoft Corporation. You acknowledge that various terms of use and privacy policies may apply to your use of such third-party services and content, and you accept these terms of use and privacy policies. Any link, reference, or otherwise to a (website of a) third party does not constitute a recommendation by MyWay by Vicky. In no event will MyWay by Vicky be responsible or liable for any of the products or services of third parties.

3.5 To use our services, you must register and create an account. You are responsible for providing correct information and keeping it up to date. Certain personal data is necessary for the execution of our services.

3.6 You agree that you will not use your MyWay by Vicky account and the services for activities that may be illegal, immoral, offensive, or could cause harm to us, third parties, or other users.

3.7 An account is intended for your personal use only and may not be used by third parties. One (1) account per user is allowed. To the extent that login credentials are involved, you are required to keep these secret.

3.8 When you register, you indicate that you are eighteen (18) years or older. It is not permitted to use our services when you are younger than sixteen (16) years.

3.9 MyWay by Vicky reserves the right to remove your account for any reason and/or deny you the use of the services. It has this right without more if you violate any provision of these terms.

3.10 MyWay by Vicky is not obliged to provide (proactive) support or give instructions, but insofar as it provides information or gives instructions, you are obliged to take in all information provided by MyWay by Vicky and follow all instructions.

Payment Terms

4.1 The lessor of the parking space determines the hourly rate, maximum rate, and any other rate.

4.2 The prices and rates used by MyWay by Vicky are inclusive of VAT.

4.3 The user is responsible for paying third-party costs, such as the internet bundle. We may pass on costs associated with paying by credit card, iDeal, or another payment service.

4.4 As a tenant, you must ensure sufficient credit to pay for the reservation.

4.5 Every payment from all users must be made immediately or within the set term without suspension or settlement. Objections to the amount of invoices or regarding the services do not suspend your payment obligation.

4.6 In case of failure to make (full) payment within the set term, you are legally in default without prior notice or notice of default. From the moment of default, you owe interest, being 1% interest per month, or - if you are a consumer - the statutory interest, until the day of full payment.

4.7 MyWay by Vicky has the right to suspend the fulfillment of its obligations until the moment of full payment of all outstanding invoices, regardless of whether these have already become due.

4.8 As a user, you agree that MyWay by Vicky provides invoices only digitally, whether or not exclusively through the app.

4.9 The earnings as a lessor are paid monthly. These can be found under overview in the app. The earnings consist of the paid parking fees minus the payment to MyWay by Vicky and any third-party costs charged and government-imposed taxes and levies. MyWay by Vicky has the right at all times to offset claims against your earnings.

4.10 Both the lessor and tenant can cancel the reservation. The refund amount and conditions differ per cancellation policy. You can find these with the listing in the MyWay by Vicky app.

4.11 In case of cancellation, the costs incurred for the use of credit card or iDeal are paid by the party that has cancelled.

4.12 We are not obliged to refund the parking rate to you unless there has been a malfunction of our systems.

Parking with MyWay by Vicky

5.1 The tenant is responsible for the safety of the vehicle and any passengers.

5.2 The tenant is responsible for any form of communication with the lessor, unless otherwise stated by MyWay by Vicky.

5.3 The made reservation is only valid for the vehicle, specified by the license plate, as described in the reservation. We may allow you to change the license plate of a made reservation in the app, or extend a reservation.

5.4 A reservation cannot be transferred to a third party.

5.5 The tenant acknowledges and commits to only access and park in the reserved parking space and not, for example, another part of the building or premises where the parking location is located. The tenant parks the vehicle in such a way that other parking spaces are not obstructed.

5.6 MyWay by Vicky is authorized to provide instructions for changing the parking space.

5.7 To successfully complete a reservation, the following personal data is required: Email address, license plate, and payment method.

5.8 MyWay by Vicky reserves the right, for whatever reason, to deny access of any vehicle at any parking location.

5.9 The tenant has the right to enter or leave the parking location for the duration of the reservation.

5.10 When the reservation has ended, the tenant must have left the parking space or parking location. For each hour that the tenant uses the parking space longer than the made reservation, the tenant will be charged an amount of three (3) times the hourly rate, with a maximum of €150. When the extra time exceeds twelve (12) hours, we may allow the lessor to remove your vehicle and recover the costs thereof, whether or not through our intervention, from you.

5.11 MyWay by Vicky reserves the right (but never the obligation) to independently or through engagement of a third party remove the tenant's vehicle when there is reason to do so. Costs of this will be recovered from the user who has given cause for the removal (tenant or lessor). You agree to this in advance.

5.12 The tenant is not allowed to leave litter at a parking space. Additionally, smoking and antisocial behavior are not allowed at the parking space.

5.13 The parking space is only used for parking the vehicle and not for other activities.

5.14 The tenant must always observe the parking and traffic rules of the local authorities.

5.15 The tenant will not contact the lessor until a reservation has been made. The tenant does not contact the lessor outside of MyWay by Vicky to make a reservation.

5.16 If you sustain or cause damage while at a parking space rented through MyWay by Vicky, please contact customer service via contact@myway.app.

5.17 The tenant will ensure to always treat the reputation of MyWay by Vicky respectfully; and the relationship that MyWay by Vicky maintains with the lessor.

5.18 The availability of locations may vary from time to time.

5.19 The tenant must always observe the house rules of the parking location. If applicable, the house rules per location can be found on the location-specific page on our website.

Renting with MyWay by Vicky

6.1 The lessor is responsible for creating a correct listing in the MyWay by Vicky app and providing correct (and not misleading) information about the parking space; such as the address, description, and photos. When there are restrictions for certain types of vehicles, such as size, this must be mentioned in the listing by the lessor.

6.2 MyWay by Vicky has the right (but never the obligation) to inspect or photograph any parking space or parking location for verification.

6.3 MyWay by Vicky has the right (but never the obligation) to refuse or remove any listing from the lessor.

6.4 The lessor is responsible for managing the availability of the parking space.

6.5 No other reservations are allowed during the rental period of a confirmed reservation.

6.6 The lessor will ensure that the parking space is free and accessible for the duration of the reservation.

6.7 When a lessor cannot accommodate a reservation due to their own fault, MyWay by Vicky may offer a similar parking space nearby to the tenant and recover the costs from the lessor. You agree to this in advance.

6.8 The lessor is responsible for the hourly rate and any other rate of the listing.

6.9 The lessor is responsible for accepting reservations. To the extent that MyWay by Vicky makes this possible, the lessor can choose to accept tenants automatically. This method of acceptance is also binding and irrevocable.

6.10 The lessor is responsible for any form of communication with the tenant, unless otherwise stated by MyWay by Vicky.

6.11 Any parking space published by the lessor does not infringe on agreements with third parties, such as VvEs (homeowners associations), or (rental) agreements.

6.12 The lessor immediately contacts MyWay by Vicky when a government institution, operator, or VvE has contacted the lessor about the use of the listing as intended by MyWay by Vicky.

6.13 You are obliged to conduct your own research into (local) regulations and permits relating to making a parking space available. You acknowledge that MyWay by Vicky cannot be held liable for any fine, damage, or compensation imposed by the government or any other relevant authority as a result of offering the parking space via MyWay by Vicky.

6.14 The lessor ensures to resolve any dispute that stands in the way of the reservation.

6.15 These terms apply to all listings published by the lessor.

The GateGuard

7.1 Access to certain parking locations is possible via the GateGuard, hardware (in the form of an IoT device) developed specifically for MyWay by Vicky. Access to other locations is made possible through a connection with external parties.

7.2 The GateGuard can be made available to lessors for purchase or lease via GateGuard B.V.

7.3 Use of GateGuard as a lessor is only permitted after accepting the terms and conditions of the GateGuard.

## Duration and Termination of the Agreement

8.1 This agreement is entered into for an indefinite period and applies, except where other agreements have been made in writing, until the moment of termination by us or you. You can terminate by sending an email to contact@myway.app. As a consumer, you always have the right to terminate the services free of charge up to 14 days after entering into this agreement.

8.2 MyWay by Vicky has the right at all times to terminate the agreement with you immediately and free of charge, remove your account and deny you the use of the services, particularly in case of abuse, unauthorized use of the app, use by you of incorrect or false information, problems with your payment, repeated negative reviews or complaints, damage, offensive or disrespectful behavior or any (other) violation of these terms.

8.3 All agreements between you and us end immediately and without any compensation or notice period having to be observed in case of your bankruptcy or suspension of payment, or if you have been admitted to or have filed an application for debt restructuring (in accordance with the Natural Persons Debt Rescheduling Act or Bankruptcy Act);

8.4 When your account is removed, all upcoming reservations will be terminated and any payments will be stopped. Termination of this agreement does not affect your possible (outstanding) payment obligations to MyWay by Vicky.

8.5 Terms that by their content are intended to survive the expiration date or termination of these terms, including (but not limited to); provisions concerning ownership and use of intellectual property, warranties, liability, indemnification, applicable law and jurisdiction, will survive the expiration date or termination of these terms.

Liability

9.1 It is your responsibility to keep your phone and access to the app secure.

9.2 We are not responsible for content and information from other users and display these without any guarantee of accuracy, type, quantity, or otherwise.

9.3 MyWay by Vicky is not responsible for any loss or damage to your car, your garage, your person or other possessions. Renting and leasing via MyWay by Vicky is at your own risk.

9.4 As a user, you indemnify us and also every other user for all loss and damage resulting from your conduct, or the conduct of entities or persons under your authority or engaged by you, or which damage otherwise comes at your risk. This means, among other things, that as a lessor you guarantee that tenants' cars can be parked safely, as far as reasonable, while as a tenant you guarantee that no damage is caused to a parking space or other property of a lessor.

9.5 You realize and acknowledge that MyWay by Vicky, its owners, directors or affiliated companies cannot in any way be liable or held liable, by you or by third parties, in connection with the actions, behaviors (or lack thereof) of users. Furthermore, in connection with the foregoing, it applies between parties that any error by users and any action or omission by users which (possibly) leads to damage and on which MyWay by Vicky has had no actual influence, should be seen as a situation of force majeure of MyWay by Vicky, except insofar as there is intent or conscious recklessness of MyWay by Vicky. Damage due to power failure, telecommunication disruption, disruptions by (third) parties on which MyWay by Vicky depends or other circumstances that we reasonably cannot influence also counts as force majeure.

9.6 MyWay by Vicky is never liable for the announced or unannounced, and whether or not temporary decommissioning or inaccessibility of the services, human errors or damage resulting from the correct or incorrect operation of the app.

9.7 If, despite everything included in these terms, MyWay by Vicky is still liable, then in no case will the total liability of MyWay by Vicky, and its officers, directors, employees and agents for all damage, losses and measures exceed an amount of € 1,000, while for lessors furthermore applies as maximum the amount that has been paid out through MyWay by Vicky in the past year.

9.8 Each party acknowledges that MyWay by Vicky has the authority (but never the obligation) to make a decision that is binding for each party in a dispute regarding our services. MyWay by Vicky is authorized to collect up to €250 from both parties to effectuate such a decision. This article does not affect the right of a party to file a claim against the other party.

9.9 MyWay by Vicky is not the owner of the parking spaces.

Copyright

10.1 All rights to and with respect to the services and the Software are and remain the property of MyWay by Vicky, or where applicable, of MyWay by Vicky's licensors.

10.2 Subject to your compliance with these terms, MyWay by Vicky grants you a limited, non-exclusive, non-sublicensable, revocable at any time and non-transferable license to: (i) access and use the Software on your personal device solely in relation to your use of the services; and (ii) access and use any content, information and related materials that may be made available through the services. All rights not expressly granted herein are reserved to MyWay by Vicky and its licensors. Unless otherwise agreed, all your rights as aforementioned (which in any case means the aforementioned license) end at the end of the agreement with MyWay by Vicky.

10.3 You may not:
(i) remove any copyrights, trademarks or other proprietary rights from any part of the services;
(ii) reproduce, modify, prepare derivative works based on the services, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the services;
(iii) decompile, reverse engineer or disassemble the services;
(iv) refer to, mirror or frame any component of the services;
(v) launch or cause programs or scripts to be launched with the aim of collecting, indexing, gathering, or otherwise data mining any component of the services or unnecessarily burden or impede the activity and/or functionality of any component of the services; or
(vi) attempt to gain unauthorized access to or impede any component of the services and related systems or networks.

10.4 By placing or having content placed on this platform such as texts and images, including communication with other users ('User Content'), you grant us an irrevocable, royalty-free, perpetual worldwide and sublicensable license to use it, so that we can use this User Content at our discretion even after termination of our agreement with you.

10.5 You hereby declare and guarantee that:
(i) you are either the sole and exclusive owner of all User Content, or you possess all rights, licenses, permissions and necessary releases to grant MyWay by Vicky the license for the User Content as set out above; and
(ii) neither the User Content, nor your submission, uploading, publishing or making available in any way of such User Content, nor the use of the User Content by MyWay by Vicky as permitted herein, infringes upon, is inappropriate or violates the intellectual property or proprietary rights, as well as publication or privacy rights, of third parties, or will lead to a violation of any applicable law or regulation. Furthermore, you indemnify MyWay by Vicky for (possible) claims from third parties (including: other users) in connection with User Content provided by, on behalf of, or because of you.

10.6 You agree not to provide User Content that is defamatory, slanderous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, or infringes on third party rights, including right to privacy. MyWay by Vicky may, but will not be obliged to, review, monitor or remove User Content, at its own discretion, at any time, for any possible reason, without obligation to notify you.

Miscellaneous

11.1 Others than you cannot derive rights from these terms. You cannot assign or transfer (rights or obligations from) your agreement(s) with MyWay by Vicky and/or these terms in whole or in part without the prior written consent of MyWay by Vicky.

11.2 MyWay by Vicky has the right to transfer (rights or obligations from) the agreement with you to an affiliated entity, acquirer of the equity or a successor through a merger. You hereby declare for then also to be bound to these terms towards any possible third party. MyWay by Vicky is also entitled to have this agreement executed in whole or in part by third parties, involve third parties in the execution, or have third parties perform the services.

11.3 If any of the provisions of these terms is deemed wholly or partially unlawful, invalid or unenforceable under a law, then such provision or part thereof is deemed not to form part of these terms, but the lawfulness, validity and enforceability of the rest of these terms remains unaffected. In that case, the parties will replace the unlawful, invalid and unenforceable (part of the) provision with a (part of a) provision that is lawful, valid and enforceable and that has to the greatest possible extent a similar effect as the unlawful, invalid or unenforceable (part of the) provisions, regarding the content and purpose of these terms.

Choice of Law and Forum

12.1 Dutch law applies to these terms.

12.2 All disputes arising from or in connection with these terms will be exclusively submitted to the competent court in Amsterdam, The Netherlands.

Contact Information

13.1 If you have questions about these terms, you can contact us via the details below.

Address: Haarlemmer Houttuinen 317, 1013 GM Amsterdam
Tel: +31 (0) 20 7762939
Email: contact@myway.app