Pebble Driver Mobile Application End User License Agreement

LAST UPDATED: JULY 1, 2022


Pebble Driver is a mobile application that helps delivery and service vehicle drivers find and book Smart Zones for safe, legal parking (“Smart Zones”), as well as finding other legal spots on the curb, so they can make stops more smoothly, save time, and avoid tickets (the “App”).

This Mobile Application End User License Agreement (collectively with the Pebble Driver Mobile Application Privacy Policy (https://www.sidewalklabs.com/products/pebble/privacy), the "Agreement") is a binding agreement between you ("End User" or "you") and Sidewalk Labs operated by Google LLC and its controlled subsidiaries ("Sidewalk Labs", “we” or “us”), and not Apple or Google. This Agreement governs your use of our Pebble Driver mobile application, (including all related documentation, the "App"). The App is licensed, not sold, to you.

BY DOWNLOADING, INSTALLING, OR USING THE APP, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER OR OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE APP AND DELETE IT FROM YOUR MOBILE DEVICE.

  1. License Grant. Subject to the terms of this Agreement, Sidewalk Labs grants you a limited, non-exclusive and nontransferable license to download, install and use the App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance this Agreement. You shall not:
  • copy the App, except as expressly permitted by this license;
  • modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the App;
  • reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
  • remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the App, including any copy thereof;
  • rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the App or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time;
  • remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the App; or
  • use the App in, or in association with, the design, construction, maintenance or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire or other safety response systems; and military or aerospace applications, weapons systems or environments.
  1. Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Sidewalk Labs and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the App, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

  2. Registration and Passwords. In order to access certain services on the App, you will be required to provide specific information, such as your name, email address, and other information. You may also be asked to create a user identification name (“User ID”) and a password. All information about you must be true, accurate, current and complete. Any information that may be used to identify you individually will be maintained by us in accordance with our Mobile Application Privacy Policy (https://www.sidewalklabs.com/products/pebble/driver-privacy-policy), which we strongly recommend that you read.

You, however, are solely responsible for the security of your User ID and password and will be solely liable for any activity that occurs under your User ID and password, whether or not authorized by you. You agree to notify us immediately of any unauthorized access to or use of your User ID or password or any other breach of security by contacting us using the information in the Contact Us section below.

We have the right to disable any User ID, password, or account, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. 1. Collection and Use of Your Information. You acknowledge that when you download, install or use the App, Sidewalk Labs may use automatic means (including, for example, cookies and GPS technology) to collect information about your Mobile Device and about your use of the App. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the App or certain of its features or functionality. All information we collect through or in connection with this App is subject to our Mobile Application Privacy Policy (https://www.sidewalklabs.com/products/pebble/driver-privacy-policy). By downloading, installing, using and providing information to or through this App, you consent to all actions taken by us with respect to your information in compliance with the Mobile Application Privacy Policy.

2. Content and Services. The App may provide you with access to the Pebble website located at www.sidewalklabs.com/products/pebble (the "Website") and products and services accessible thereon, and certain features, functionality and content accessible on or through the App may be hosted on the Website (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by Website's Terms of Use and Privacy Policy located at https://www.sidewalklabs.com/products/pebble/terms-of-service and https://www.sidewalklabs.com/products/pebble/privacy, which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website and your failure to do so may restrict you from accessing or using certain of the App's features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.

In the event of any third party claim that the App or your possession and use of the App infringes a third party’s intellectual property rights, Sidewalk Labs, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

  • Geographic Restrictions. The Content and Services are based in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries.
  • Updates. Sidewalk Labs may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Sidewalk Labs has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
    • the App will automatically download and install all available Updates; or
    • you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.

Note that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the App.

**1. Third Party Materials. **The App may display, include or make available third-party content (including data, information, applications and other products, services and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third Party Materials"). You acknowledge and agree that Sidewalk Labs is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Sidewalk Labs does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions. You must comply with applicable third party terms of agreement when using the App. 2. Third Party Beneficiary. If you downloaded this app through the Apple App Store, Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof. 3. Term and Termination.

  • all rights granted to you under this Agreement will also terminate; and
  • you must cease all use of the App and delete all copies of the App from your Mobile Device and account.
  • The term of Agreement commences when you install the App and will continue in effect until terminated by you or Sidewalk Labs as set forth in this Section 9.
  • You may terminate this Agreement by deleting the App and all copies thereof from your Mobile Device.
  • Sidewalk Labs may terminate this Agreement at any time without notice if it ceases to support the App, which Sidewalk Labs may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
  • Upon termination:
  • Termination will not limit any of Sidewalk Labs's rights or remedies at law or in equity.

Disclaimer of Warranties. THE APP IS PROVIDED TO LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, SIDEWALK LABS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, SIDEWALK LABS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. If you downloaded the app through Apple's App Store, to the extent not effectively disclaimed, in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to that your; however, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. Sidewalk Labs, not Apple or Google, is responsible for addressing any claims or any third party relating to the App or your possession and/or use of the App. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SIDEWALK LABS OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR THE CONTENT AND SERVICES FOR: PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR SIDEWALK LABS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. Indemnification. You agree to indemnify, defend and hold harmless Sidewalk Labs and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the App or your breach of this Agreement. Furthermore, you agree that Sidewalk Labs assumes no responsibility for the content you submit or make available through this App. Export Regulation. The App may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the App available outside the US. US Government Rights. The App is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the App as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Agreement or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in New York and New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Entire Agreement. This Agreement, the Mobile Application Privacy Policy, and our web Terms of Use and Privacy Policy, as applicable, constitute the entire agreement between you and Sidewalk Labs with respect to the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App.

Waiver: No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

CONTACT US: For questions, claims, or complaints regarding the App, contact us at pebble-contact@google.com. For legal claims, notices, and complaints, please contact us at legal-notices@google.com.