Public offer

Agreement on the use of GimleParking

Date of the last amendment: 02.10.2023

SharePark LIMITED LIABILITY COMPANY which operates under the GimleParking brand (hereinafter referred to as the "Contractor") offers any adult individual or legal entity (hereinafter referred to as the "User") to join this agreement on the use of GimleParking (hereinafter referred to as the "Agreement"), in accordance with the terms and conditions specified below:
I. General conditions:

  1. Use of GimleParking. The Contractor grants the User the right to use the GimleParking website, web application and mobile application (hereinafter referred to as the "Software") for the following purposes:
  • Familiarization with information on the use of the Program on the website https://gimleparking.com/ (hereinafter referred to as the "Website") and in the web application, mobile application;
  • –°ontrolling of parking barriers (including mechanical and electronic equipment, metal cylinders of a certain size and other parts, hereinafter referred to as "Parking Barriers") installed in the parking space to prevent parking of third party vehicles without the User's permission;
  • Using the Software to search for free Parking Spaces;
  • Payment of the cost of parking services at different Parking Spaces and/or payment for the use of Parking Barriers;
  • Purchase of Parking Barriers;
  • Placement of advertisements for the purchase and sale of a parking space;
  • Use of other functions that may be specified in the Software.
2. The software may interoperate:
  • With Parking Barriers, which may belong to the Users on the right of use or ownership or to the Operators of the Parking Lot.
  • With a parking space (hereinafter referred to as the "Parking Space"), for parking one vehicle, which belongs to a particular User on the right of ownership or use (lease) and which may not be equipped with Parking Barriers. Parking spaces include Parking spaces at parking lots (hereinafter referred to as the "Parking lots", and together the User's Parking space and Parking spaces at the Operator's Parking lots - the "Parking spaces") owned by operators who organize and carry out activities for providing parking of vehicles at the parking lots and who provide services for the use of such lots (hereinafter referred to as the "Operator"). A parking lot may be privately or municipally owned.
3. The procedure for concluding the Agreement. Agreeing to the terms and conditions of this Agreement and entering into the Agreement shall be done by:

  • Use of the Software (Website);
  • Checking the checkbox during registration in the Software (web application and/or mobile application).
4. To enter into the Agreement, register and use the Software, a person must be an adult and have full civil capacity. A minor who has a driver's license may enter into this Agreement with the consent of his/her parents (adoptive parents) or guardians in accordance with the current legislation of the Republic of Bulgaria.
5. Involvement of sub-contractors. The Contractor may engage contractors, subcontractors and partners to fulfill this Agreement without additional agreement with the User.
6. Third party services in the Software. The Contractor exclusively grants a license to use the Software and sells Parking Barriers. Services of third parties (Operators and other Users) for parking at various Parking Spaces and/or services for the use of Parking Barriers and/or purchase and sale of Parking Spaces and/or resale of Parking Barriers shall be provided by third parties for whose actions the Contractor shall not responsible.
II. Functionality of the Software. The User may use the Software in the following ways:

  1. Use of the Website. The user has the opportunity:
  • Visit, familiarize yourself with the information on the Website, without the need for registration.
  • Subscribe to marketing newsletters and any other notifications about the User and the Software.
  • Contact the Support Service through the form on the Website or via a chatbot (if technically possible).
2. Registration in the web application and mobile application.
  • In order to start using the Software (web application and mobile application), the User shall register by creating an Account. For this purpose, the following information shall be entered:
  • During registration, the User agrees to the terms of this Agreement.
  • Registration is completed after confirmation (authorization) of the phone number and/or e-mail.
  • The phone number, e-mail and other data are associated with the User's Account and used for authorization in the Software.
3. Finding and using a free parking space. A User who wants to find a free Parking Space:
  • Enters the Software (web application or mobile application) and logs in.
  • Selects a free Parking Space on the map and drives up to it.
  • Unlocks the installed Parking Barrier and/or parks in the Parking Space.
  • Pays the cost of the Contractor's services and services for the use of the Parking Barrier or services for the use of the Parking Space.
4. Management of the Parking Barrier. A user who owns or leases a Parking Barrier has the ability to:
  • Authorize and manage this Parking Barrier in the Software.
  • Add the location of the User's Parking Barriers to the map in the Software.
  • To use this Parking Barrier for your own non-commercial purposes.
  • Provide services for the use of Parking Barriers to other users in their free time and receive payment for the use of Parking Barriers.
  • Receive statistical information on the use of the Parking Barriers.
5. Management of the Parking Lot. The Operator of the Parking Lot shall have the opportunity to:
  • Authorize the Parking Lot in the Software.
  • To add the location of the Parking lots and free Parking spaces to the map in the Software.
  • Provide through the Software services for the use of Parking spaces of Parking lots for paid parking of vehicles.
  • To verify the User by the license plate number of the car using the Parking Lot Parking Space.
  • Receive statistical information on the use of the Parking Spaces.
  • Determine the person who can manage his/her Account in the Software.
6. Management of the Parking Space. The User who owns or uses (rents) a Parking Space shall have the opportunity to
  • Authorize the Parking Space in the Software.
  • Add the location of the Parking Space to the map in the Software.
  • Provide services for the use of the Parking Space for paid parking of vehicles through the Software.
  • To verify the User using the Parking Space by the car number.
  • Receive statistical information on the use of the Parking Space.
  • Determine the person who can manage his/her Account in the Software.
7. Purchase of Parking Barriers. Through the Software, the User has the opportunity to purchase a Parking Barrier.
  • The Buyer of the Parking Barrier shall use it in accordance with the terms of this Agreement.
  • The term of delivery of the Parking Barrier, its cost, etc. shall be specified in the Software.
  • Delivery of the Parking Barrier shall be carried out by courier delivery services or postal operators at the expense of the Buyer of the Parking Barrier.
  • The manual and other technical documentation in paper or electronic form shall be provided together with the Parking Barriers. The above documents may also be available in the Software.
  • The right of ownership or use of the Parking Barrier starts from the date of delivery and signing of the delivery note.
  • The User who owns or uses the Parking Barriers shall follow the operating instructions, safety rules specified in the Software regarding the Parking Barriers, etc.
  • The Contractor may establish a warranty period (during which the Seller guarantees the quality of the Goods) and a list of warranty cases (a list of cases in which the Seller undertakes to repair and/or replace the Goods if the warranty case does not arise through the fault of the Buyer and/or Third Parties) for the malfunction of the Parking Barrier.
  • The warranty period for components shall be deemed equal to the warranty period for the Parking Barrier, unless otherwise provided by the technical documentation.
  • The warranty period is 6 months, unless otherwise specified in the Software and/or technical documentation. Warranty cases, methods and terms for their elimination are determined in the Software and/or technical documentation. 
  • In the event of a warranty case, the User shall contact the Contractor and/or the seller to clarify the details of troubleshooting during the Warranty Period.

8. Purchase of a Parking Space. Third parties may post information about the sale of a Parking Space through the Software. A Parking Space is an object of real estate, the transfer of ownership of which is subject to state registration. The transfer of ownership of the Parking Space shall be carried out on the basis of a separate agreement between the seller and the buyer of the Parking Space and shall be notarized.
9. Other functions. From time to time, the Contractor may add new functionality, which will be indicated in the Software. The User may also use various functionalities available in the Software.
III. Other terms of use of the Software:

  1. Notifications. The Contractor shall have the right to send technical notifications to the User, which are necessary for the functioning of the Software and to which the User agrees by concluding this Agreement. To receive any advertising messages, the User may provide his/her consent by checking the box for receiving advertising messages. The User may opt out of these messages by submitting a request to the support service or by clicking on a special link in this advertising message (if any).
  2. Advertising. The Contractor shall be entitled to distribute any advertising through the Software.
  3. Discounts, promotions. The Contractor has the right to conduct promotions and provide discounts to Users under the conditions specified in the Software, social networks and messengers of the Contractor and its partners.
  4. Support service. The User can contact the support service through the form on the website or through a chatbot (if available).
IV. Payment for services under this Agreement

  1. Payment of the license for the Software.
  • The User shall pay the license fee for the use of the Software on the terms and conditions specified directly in the Software.
  • The license fee for the use of the Software may depend on the location, time of day, time during which the User uses the Software and other conditions.
  • The User shall be charged the license fee after unlocking the respective Parking Barrier and/or parking in the Parking Space and shall be terminated when the User terminates the use of the Parking Barrier and/or parking in the Parking Space.
  • The cost of the Software license may be included in the cost of parking services at different Parking Spaces and/or payment for the use of Parking Barriers.
  • The User may make a prepayment for the use of the Software in accordance with the terms and conditions specified in the Software.
2. Payment for parking services in different Parking Spaces and/or payment for the use of Parking Barriers

  • The User shall pay the cost of parking services at various Parking Spaces and/or pay the cost of services for the use of Parking Barriers according to the tariffs of Operators and/or other Users specified in the Software. The terms and conditions and pricing principles, which the User should read and accept before purchasing, will be displayed in the Software and will contain a description of restrictions, if applicable.
  • The cost of parking in different Parking Spaces and/or payment for the use of Parking Barriers may depend on the location, time of day, time of parking and/or time during which the User uses the Parking Barrier.
  • The User shall be charged after unlocking the respective Parking Barrier and/or parking in the Parking Space and shall be terminated when the User finishes using the Parking Barrier and/or parking in the Parking Space.
  • The User may make a prepayment for parking and/or prepayment for the use of Parking Barriers in accordance with the terms and conditions specified in the Software.
3. Placing of advertisements in the Software.
  • Users have the opportunity to place in the Software advertisements for the sale and/or lease of a Parking Space at prices determined by the User.
  • Announcements for the sale of Parking Barriers shall be placed in the Software.
  • For a certain period of time for the placement and/or promotion of advertisements in the Software, an additional fee shall be charged as specified in the Software.
4. Sale of a parking barrier. Users have the opportunity to purchase the Parking Barrier through the Software at the prices and other terms and conditions specified therein.
5. Payment procedure. Payment is made through the Internet acquiring service available in the Software.
  1. The payment is made using the User's credit and/or debit payment card as a one-time payment, or as an advance payment for a certain list of services, or as a monthly subscription to a certain list of services.
  2. The amount of the fee is displayed in the Software. However, the User's bank, Visa/Mastercard payment systems may charge additional fees for using a credit or debit card, which are not displayed in the Software.
  3. Internet acquiring may check the availability of funds for payment from a credit or debit card and perform pre-authorization.
6. Confirmation of the provision of the Services. Payment under this Agreement shall be deemed to be a confirmation of the quality of services rendered under this Agreement and the absence of claims of the Parties to each other.
7. Confirmation of a business transaction. A notification of successful payment from the Internet acquiring service is a document for Users (individuals) confirming the execution of a business transaction on behalf of the Contractor. The Contractor and the Users (legal entities and individual entrepreneurs) shall conclude and sign the Acceptance Certificate for the services rendered to confirm the provision of services by the Contractor, their acceptance and payment by the Users and that the Parties have no claims against each other in the following order:
  • The Contractor shall draw up the Acceptance Certificate in one copy in electronic form and send it to the User's e-mail (legal entity and individual entrepreneur).
  • The User is obliged to sign the Acceptance Certificate in electronic form within 5 (five) business days and send it to the Contractor. In case of failure to sign the Acceptance Certificate within the prescribed period, in the absence of a reasoned refusal, the Parties shall consider that the services have been accepted by the User.
V. Intellectual property rights:

  1. License. The Contractor grants the User a personal, limited, revocable, non-transferable, non-exclusive license to use the Software, namely: display, view, download the mobile application, visit and use the functions of the Software. The territory of use of the Software is indicated in the Software itself.
  2. Exclusive property rights. All exclusive proprietary rights to the Software, databases and data, trademarks, industrial designs, patents for inventions and utility models, goodwill shall belong to the Contractor, unless otherwise specified.
  3. No transfer of exclusive property rights. This Agreement does not alienate any exclusive property rights in favor of the User.
  4. Actions that may violate exclusive property rights: The User is obliged to refrain from any actions related to copying, modification, decompilation and other actions that may violate the intellectual property rights of the Contractor, unless he/she has a written consent from the Contractor.
VI. Safe usage.

  1. Users are obliged to follow safety rules when using the Software and Parking Barriers:
  • Careful use. Do not overload the Parking Barriers by repeated activation and deactivation, do not create mechanical resistance to their operation, and do not cause physical damage to the Parking Barriers;
  • Compliance with the rules of landscaping.  Users, Operators who own or use (lease) Parking Barriers shall comply with the rules of urban development, vehicle parking rules, traffic and highway legislation, not to install Parking Barriers in places not intended for this purpose, not to obstruct access to public places, etc. and shall be solely responsible for the installation and use of Parking Barriers. The Contractor shall not be liable for the actions of third parties (Users, Operators, etc.).
  • Do not interfere with the operation of the Parking Barriers. A User who is not the owner of the Parking Barrier shall not repair, modify, install or dismantle the Parking Barriers on their own; remove or create conditions for the removal of any markings on the Parking Barriers placed by the Contractor, its employees, contractors and/or other representatives in the interests of third parties;
  • Do not cause damage to third parties. Do not cause physical harm, injury, or death to individuals, their property, or the property of legal entities by using the Parking Barriers;

2. Cybersecurity.
  • Any interference with the operation of the Software is prohibited unless agreed with the Contractor.
  • It is prohibited to change, modify, interfere with the operation of the software and hardware of the Parking Barriers without the consent of the Contractor.
  • The User undertakes to comply with information security, is responsible for access, control and security of his/her Account, all actions performed under the User's profile in the Account, and undertakes not to transfer any access to his/her Account to third parties.
3. Proper behavior: The User is obliged to use the Software in such a way as not to harm his reputation or the reputation of the Contractor.

4. Notification of security breaches. The User agrees to immediately notify the Contractor if it becomes aware of any unauthorized access or use of the User's Account, or interference with the Software, Parking Barriers, etc. or any other situation that may lead to loss of control over the Account or destruction of the Parking Barriers.
VII. Warnings:

  1. No warranties are made as to the operation of the Software. The Software is licensed "AS IS". The Contractor shall not be liable for and makes no warranties, express or implied, and hereby disclaims any implied warranties with respect to the Software, Parking Barriers, in particular:
  • Availability in case of problems with the network, software, hardware, power supply of the User and third parties;
  • Compliance of the name, appearance, internal structure and functions with any expectations of the User;
  • Protection against any damage to the Users, their related parties, their property and non-property rights from the actions and/or inaction of any third parties.
2. Limitation of the Contractor's liability. The Contractor shall limit its liability to the User for breach of the Agreement, as well as for any damages (including lost profits), in the amount of the User's payment under this Agreement. The Contractor shall not be liable for the actions of the Users and shall limit its liability to third parties for losses (including lost profits), damage caused by the User to these third parties while receiving the Contractor's services.
3. Limitation of the User's liability. The Contractor shall limit the User's liability to the Contractor for breach of the Agreement, as well as damages, in the amount of the User's payment under this Agreement, but not less than the amount of the actual damages caused by the User. This provision does not apply to liability, damages and lost profits in relation to cases of protection of intellectual property rights, violation of information security, in particular cybersecurity and protection of business reputation of the Contractor, its employees, contractors and founders.
4. Services of third parties. The Contractor does not provide parking services or use of the Parking Barriers, and is not responsible for the services of third parties (the Operator and/or other Users of the Software).
VIII. Force majeure:

  1. List of force majeure circumstances. The Parties shall be released from liability for non-fulfillment and/or improper fulfillment of obligations under this Agreement in the event of force majeure circumstances that did not exist at the time of signing the Agreement and that do not depend on the will of the Parties, the list of which is established, namely  threat of war, armed conflict or a serious threat of such conflict, including but not limited to hostile attacks, blockades, military embargoes, actions of a foreign enemy, general military mobilization, military operations, declared and undeclared war, actions of a public enemy, riots, acts of terrorism, sabotage, piracy, riots, invasion, blockade, revolution, rebellion, insurrection, mass riots, curfew quarantine, expropriation, forced seizure, seizure of enterprises, requisition, public demonstration, blockade, strike, accident, illegal actions of third parties, fire, explosion, long interruptions in the operation of transport regulated by the terms of relevant decisions and acts of state authorities, closure of sea straits, embargo, prohibition (restriction) of export/import, etc., as well as caused by exceptional weather conditions and natural disasters, namely epidemic, severe storm, cyclone, hurricane, tornado, storm, flood, snow accumulation, ice, hail, frost, freezing of the sea, straits, ports, passes, earthquake, lightning, fire, drought, subsidence and landslide, other natural disasters, etc. (hereinafter referred to as "Force Majeure").
  2. Notification of the occurrence of Force Majeure. The Party affected by Force Majeure shall notify the other Party within 20 business days from the date of occurrence of such circumstances.
  3. Confirmation of Force Majeure. The party claiming Force Majeure shall provide a certificate of the relevant Chamber of Commerce and Industry and/or other competent authority/institution authorized to confirm Force Majeure in a particular country.
IX.Validity and amendments:

  1. Term of the Agreement. This Agreement is a contract of adhesion and shall come into force for a particular User from the date of its conclusion as specified above. This Agreement shall remain in force until terminated by either Party.
  2. Termination of the Agreement by mutual consent of the Parties. In this case, the Party intending to terminate/terminate the Agreement shall notify the other Party in writing by sending a respective notice by e-mail.
  3. Termination of the Agreement by the Contractor. The Contractor shall have the right to terminate this Agreement unilaterally in case of violation by the User of any terms of the Agreement. The Contractor shall notify the User of the fact and reasons for termination by sending a notification to the User's e-mail and/or a message in the Software. The Agreement shall be terminated from the date of notification. In this case, the User shall not have the right to re-enter into this Agreement and use the Software, except for access to the website, support service and receiving notifications. This provision shall continue to apply after termination of the Agreement.
  4. Termination of the Agreement by the User. The User shall have the right to terminate this Agreement unilaterally by notifying the Contractor's support service and/or sending a message to the Contractor's e-mail specified in the Software. The User also has the right to stop using the Software at any time, uninstall the Software (mobile application), delete the Account. The Agreement is terminated from the date of receipt of the notice.
  5. Changes to the terms of the Agreement. The Contractor reserves the right to amend the Agreement at any time and without the User's consent. Changes shall be indicated by putting the date in the "Date of the last amendment".
  6. Effect of the provisions of the Agreement after its termination. The provisions of the sections "Intellectual Property", "Security", "Disclaimers" and other provisions of the Agreement, if expressly stated, shall continue to be valid after the termination of the Agreement.
X. Applicable law and dispute resolution:

1. Applicable law. The Agreement shall be governed by the laws of the Republic of Bulgaria.
2. Dispute resolution. All disputes arising under this Agreement shall be resolved through negotiations, and in this regard, the Parties have set 20 business days for the settlement of the dispute. In case of impossibility to resolve the dispute through negotiations, disputes, disagreements and claims arising out of or in connection with this Agreement shall be subject to consideration and resolution in the relevant court of the Republic of Bulgaria in accordance with the current legislation of the Republic of Bulgaria.
XI. Final conditions

  1. Invalidity of provisions of the Agreement. If any provision of this Agreement is found to be invalid and/or null and void, this shall not affect the validity of other provisions of the Agreement and the entire Agreement as a whole.
  2. Communications between the Parties. Any notices under this Agreement shall be legally binding if sent to the other Party at its e-mail address. The Contractor's e-mail is indicated in the Software. The User's e-mail is specified during the User's registration. The Parties recognize the legal force of such documents, e-mails and may not be rejected by a Party solely on the grounds that they are made in electronic form or in the form of e-mails.
  3. Processing of personal data. The processing of personal data is carried out in accordance with the "Notice on the processing of personal data" at the link https://gimleparking.com/bg/notice-of-processing-of-personal-data and "Notice on the use of cookies" at the link https://gimleparking.com/bg/cookie-notification.
XII. Information about the Contractor:

Name: SLLC GimleParking
Identification code: 207049614
Registration address: Bulgaria, 8000, Burgas, Georgi Kirkov Str., 16, f.2
E-mail: info@gimleparking.com / gimle.parking@gmail.com
Head: Sergii Kravetskiy