Date of Last Update: April 3, 2017
As used in these Terms, “WinIt,” “we”, “us” and “our” shall mean WinIt, LLC, and its affiliates. If you do not wish to agree to and to be bound by these Terms, you (hereinafter referred to as “You,” “Your,” and “Yours”) have no right to use the Platform or the Services.
BY USING THE PLATFORM, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT UNDER THE APPLICABLE LAW, AND THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO AND ABIDE BY THESE TERMS; AND (C) AGREE THAT YOU ARE LEGALLY BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE PLATFORM.
If You are using the Platform on behalf of any entity, then you are agreeing to these Terms on behalf of that entity.
Subject to Your acceptance of and compliance with these Terms and with the applicable payment requirements for the Services, WinIt hereby grants You a limited, non-exclusive, non-transferable, non-sublicenseable, revocable right and license to access and use the Platform, solely in accordance with these Terms. The Platform is designed to help users to:
- challenge their parking violation tickets before the New York City (“NYC”) Parking Violations Bureau (“PVB”) and in other cities in which WinIt may operate, from time to time (the “Parking Services”);
- quickly and easily connect and communicate with attorneys or law firms (“Attorneys”) in the relevant area of practice to challenge traffic violations tickets (the “Traffic Services”, and together with the Parking Services, the “Services”).
You agree that Your use of the Platform and Services is intended for Your personal, non-commercial use unless otherwise provided for a prior express written permission from us.
- Disclaimer of Attorney-Client Relationship
- Changes to these Terms
We reserve the right to modify these Terms from time to time by posting notice of the changes on the Platform (whether on our Website or via the Application) and/or provide You notice of the modification by email. Your continued use of the Platform and/or Services following the posting of the revised Terms shall be deemed to constitute Your acceptance of any modifications that may be made to these Terms. Please review these Terms periodically for changes and pay attention to the “Last Update” date displayed at the top of this page.
- Prohibited Uses
You may use the Platform and Services only for lawful purposes and in accordance with any applicable federal, state, local or international law or regulation, including without limitation, any laws regarding the export of data or software to and from the U.S. or other countries.
You hereby further undertake not to:
- Disable, damage, impair, violate or interfere with the Platform, its security, its related servers or networks, or any other party’s use of the Platform;
- Reverse engineer, disassemble, decode or otherwise attempt to derive or gain access to the source code of any software embodied within the Platform or any part thereof;
- Rent, lend, sell, sublicense, assign, publish, transfer or otherwise make available the Platform or any features thereof, to any third party for any reason;
- Remove, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Platform; or
- Otherwise engage or cause any third party to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, infringes any third party rights, or which, as reasonably determined by us, may expose WinIt or the users of the Platform to any liability.
- Parking Services
- Submitting Ticket. We recommend You to submit Your parking ticket through the Platform as early as possible. NYC imposes certain deadlines within which to plead and/or respond to parking violations. If you fail to submit the tickets through the Platform at least seven (7) business days prior to the stated deadline, You shall be responsible for any potential late fees incurred as a result.
- Service Providers. The Parking Services are made available by WinIt, its partners, affiliates, contractors, representatives and agents (collectively, “Service Providers”). By using the Parking Services, You authorize us including our Service Providers to represent you at the PVB and any other applicable authority on all matters concerning the tickets submitted through the Platform (or obtained by us through the “Auto-Dispute” Program).
- Standstill Provision. Once a parking ticket is submitted through the Platform, You hereby expressly, unconditionally and irrevocably agree:
- not to take any course of action that will directly or indirectly disrupt, intervene, or circumvent WinIt’s efforts on your behalf. Towards that end, You agree not to take any action related to any of Your parking tickets once submitted through the Platform without our prior written consent until WinIt notifies you of either: (a) its decision not to dispute Your ticket(s), in which case you shall be solely responsible to dispute it or pay the underlying fine; or (b) the NYC PVB’s (or other applicable authority’s) decision with respect to Your parking ticket(s). Any violation of this provision shall subject you to a cancellation fee of $5, at WinIt’s sole discretion.
- that WinIt and the Service Providers are entitled to take any action they reasonably deem necessary or appropriate in the course of disputing Your ticket.
- “Auto Dispute”; “Ticket Fetcher". Please note that WinIt occasionally searches the NYC PVB database for tickets linked to the plate number registered with Your Account ("Account Plate Number").
By participating in our "Auto Dispute” Program, You authorize WinIt (and its Service Providers) to automatically dispute any future ticket found, which is linked to your Account Plate Number, all in accordance with the terms herein. You have the right, at any time, to opt-out of the "Auto Dispute Program" by turning off this option in the Platform. You hereby acknowledge and agree that it is Your sole responsibility to turn off the "Auto Dispute Program" option if You are not interested in such service, and in such case, we shall not dispute future tickets linked to your Account Plate Number without your prior approval.
The “Ticket Fetcher" feature on our Platform enables You to manually scan the NYC open data servers to check the status of Your pending tickets or whether a newly ticket has been issued.
Please note that the “Auto Dispute” and “Ticket Fetcher" features are available solely for Your convenience and we cannot guaranty that all applicable parking tickets shall be accurately and fully obtained or displayed. WINIT MAKES NO REPRESENTATION WITH RESPECT TO THE COMPLETENESS OR ACCURACY OF THE INFORMATION OBTAINED USING THOSE FEATURES.
Please note that WinIt processes a considerable amount of parking tickets through the Platform that are being handled by the Service Providers before the PVB at any given time. Responding to individual requests regarding the status and the details of any one specific case is prohibitive. Therefore, WinIt will not respond to individual inquiries regarding the details or specifics regarding any particular ticket, hearings or decisions related thereto.
We recommend all our users to periodically independently check the official databases for new tickets and follow up on the status of their pending tickets directly.
- Cancellation Policy. Once a ticket is submitted through the Platform, You shall not be entitled to cancel or reverse Your request for Parking Services in connection with such ticket without our prior written consent. If You submit a ticket in error, please notify our customer support by email as early as possible within six (6) hours of submission. If You fail to notify us within this window of time, it will be assumed that there was no error in the submission.
In addition, please note that the payment processed by us following Your use of our “Pay Now” feature to pay the ticket through the Platform is non-refundable under any circumstances as we promptly pay on Your behalf the amount of the underlying ticket (in addition to our processing fee as described in Section 7.2 below).
- Traffic Services
- Submitting Ticket. We recommend You to submit Your traffic violation ticket as early as possible. If you submit a ticket with an expired hearing date, or a hearing date too close, You may increase the risk that your license will be suspended.
- Legal Representation. Any attorney-client relationship formed pursuant to the Traffic Services is between You and the Attorney and not between You and WinIt. WinIt is designed to facilitate communication but does not endorse any Attorney and shall not be held responsible for the quality or accuracy of any legal services provided by Attorney. If You choose to initiate a relationship with an Attorney via this Platform, You do so at Your sole discretion. WinIt does not assume and will not have any liability or responsibility to You or any other person in connection thereto.
Attorney retained by You through this Platform will only be obligated to provide legal representation in connection with the ticket specifically provided by You.
- General. To access the Platform or the Services it offers, You will be asked to register and maintain an active user account, which includes credit card information or other valid payment method (“Account”). You hereby agree to maintain current, valid and accepted method of payment throughout the term of the Services. All fees payable by You are exclusive of applicable taxes and duties. By opening the Account with WinIt, and using the Services through the Platform, You authorize WinIt to automatically charge your Account for all applicable charges incurred in connection with the Services.
At all times, You remain solely responsible for all charges duly made under Your Account regardless of whether or not You were aware of such charges or their respective amounts.
- Parking Services.
- Contingency Pricing Model. WinIt collects payment for the Parking Services only if and when it manages to successfully dispute Your parking ticket.
In the event that the Parking Services lead to a successful dismissal of Your ticket or reduction in the amount of the fine, You hereby expressly authorize WinIt to charge your Account in an amount equal to fifty percent (50%) of the difference between the amount You originally owed on the ticket (including any applied late fee charges and penalties) and the final amount of the fine owed following the provision of the Parking Services.
For example, if your ticket fine is $115 but by the time you submitting it to the Platform, the ticket incurred $10 late fee charge so the total balance is $125, WinIt will charges nothing if it did not manage to successfully dispute the ticket. However, if such ticket was fully dismissed, WinIt would collect $62.5 as payment. In the event that the Parking Services resulted solely in removal of the late fee charge of $10, WinIt would collect only $5 as a payment.
- Payment For Tickets. In the event that WinIt is unsuccessful in its efforts to have your ticket completely dismissed, You may, at your election, pay the ticket through the Platform using our “Pay Now” function whereupon we will pay the City directly on Your behalf. An additional processing fee (currently at a rate of 3% of the amount of the fine plus $2.99 fixed fee) will be charged to Your Account.
- Traffic Services. With respect to the Traffic Services, once You choose the Attorney You would like to work with from all available, participating attorneys on our Platform, You will enter into a direct agreement with such Attorney to effectuate the engagement.
The fixed fees you pay through the Platform in connection with the Traffic Services are passed through to the Attorney in full once you appoint the Attorney.
You acknowledge that once You appoint an Attorney through the Platform, WinIt will charge, through the payment method on the Account, the applicable legal fee and any other payment, as may be instructed by You or Your Attorney.
Please note that if you missed your court date or otherwise fail to appear on the scheduled date you may be required to post a bond (usually $40 per ticket) to reschedule you trial, and You hereby authorize WinIt to automatically charge any such amount upon your Attorney’s instructions. At the completion of Your trial You will receive the bond money back if you are found not guilty or the bond will be applied toward any fines you owe if you are found guilty.
Please note that although a transaction with the Attorney is processed on Your behalf through the Platform, WinIt is simply an intermediary party in such transaction. WinIt has no liability, either primarily or secondarily, for paying the Attorney or any third party, other than through the Platform on Your behalf.
Please note that the Attorneys participating in our Platform may pay a certain marketing fee or subscription fee to WinIt as a separate transaction, whether directly or through the Platform.
- Payment Failure. In the event that WinIt is unable to process a payment fee or payment is canceled, WinIt shall charge you a five dollar ($5) service fee per failed attempt. Any delinquent or late payment shall also incur an interest at a rate of one and a half (1.5%) per month as of due date, or lesser amount to the extent permitted by applicable law.
You shall also be solely liable for any “non-sufficient fund” charges or other penalty, which might be imposed by Your bank in such event.
If we are unable to process payment, the Services will immediately cease unless we notified you otherwise, and You will be responsible to pay for your ticket directly.
The remedies stipulated in this Section 7.4 shall not derogate from any other right or remedy available to us by law or under these Terms.
- Term and Termination
- Account Closure. WinIt reserves the right, without notice and in its sole discretion (subject to Section 8.2 below), to terminate your license to use the Platform, and to block or prevent Your access to and use of the Platform.
You may terminate your license to use the Platform, at any time, at Your convenience, by notifying us in writing of Your decision (or otherwise follow our Account closure mechanism), provided, however, that such termination is not permitted and shall not apply to any ticket that you previously submitted through the Platform with respect to which the Services are still provided (“Ongoing Services”).
- Pending Tickets. Please note that notwithstanding the parties’ respective termination rights, You will still be bound by the terms and conditions set forth herein (including any payment obligation) in connection with Ongoing Services.
WinIt and its Service Providers shall continue to support such Ongoing Services unless WinIt notified You otherwise, at its sole discretion. Notwithstanding the foregoing, WinIt may cease its involvement in connection with any Ongoing Services, at any time without notice, effective immediately if:
(i) You violate any of these Terms;
(ii) You failed to maintain a valid payment method in Your Account or You are otherwise in default of any payment obligation with respect the Services.
- Effect of Termination. Upon termination:
- all rights granted to You under these Terms will be terminated; and
- You must cease all use of the Platform and may not submit new tickets;
- You will remain liable for all fees, charges and any other obligations You have incurred through the date of termination with respect to the Services (including in connection with Ongoing Services in accordance with Section 8.2 above).
Termination will not limit any of WinIt’s rights or remedies at law or in equity.
- Third Party Materials. The Platform may display, include or make available third-party content (including information, and other materials) or provide links to third-party websites or services, including through advertising (collectively, "Third Party Materials"). You acknowledge and agree that WinIt is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. WinIt 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 at entirely at your own risk and subject to such third parties' terms and conditions.
- Updates. WinIt may, from time to time, in its sole discretion develop and provide mobile application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You shall promptly download and install all Updates and acknowledge and agree that the Platform or portions thereof may not properly operate should you fail to do so.
NEITHER WINIT NOR ANY OF ITS THIRD PARTY PROVIDERS MAKES ANY WARRANTY, GUARANTEE OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, QUALITY, SUITABILITY, ACCURACY OR AVAILABILITY OF THE PLATFORM OR THE SERVICES REQUESTED THROUGH THE PLATFORM.
WITHOUT LIMITING THE FOREGOING, NEITHER WINIT NOR ITS THIRD PARTY PROVIDERS REPRESENTS OR WARRANTS RESULTS OF THE USE OF THE PLATFORM, THAT THE PLATFORM, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED, THAT OUR SITE OR APPLICATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OBTAINED THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS.
WINIT DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES CONCERNING THE INTEGRITY, COMPETENCE, QUALIFICATIONS, STANDING, STATUS, SUITABILITY, COMPLIANCE WITH PROFESSIONAL RULES, ACCURACY OR LEGALITY OF ADVICE OF ATTORNEYS, OR THE OUTCOME, QUALITY, OR COMPLETION OF THEIR REPRESENTATION.
WINIT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
- Limitation on Liability
IN NO EVENT WILL WINIT, ITS MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, SERVICE PROVIDERS, REPRESENTATIVES OR AGENTS, BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE, INCLUDING BUT NOT LIMITED TO, PROPERTY DAMAGE, PERSONAL INJURY, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, UNDER ANY LEGAL THEORY, WHETHER CAUSED BY BREACH OF CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH: (1) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE PLATFORM OR SERVICES; (2) ANY CONTENT SUBMITTED TO OR ACCESSED THROUGH THE PLATFORM OR WEBSITE; (3) ANY SERVICES PROVIDED ON OR OBTAINED THROUGH THE PLATFORM INCLUDING ANY LEGAL MATTER; OR (4) ANY COMMUNICATIONS OR DEALINGS WITH, OR CONDUCT OF OTHER USERS AND SERVICE PROVIDERS.
IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, WE SHALL BE HELD LEGALLY LIABLE FOR LOSS OR DAMAGE, TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF WINIT, (INCLUDING ITS MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, SERVICE PROVIDERS, REPRESENTATIVES OR AGENTS), FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES OR THE PLATFORM, IS LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM (EXCLUDING, FOR THE AVOIDANCE OF ANY DOUBT, ANY AMOUNT PAID TO THE ATTORNEYS THROUGH THE PLATFORM FOR WHICH WE ACTED SOLELY AS INTERMEDIARY).
YOU AGREE THAT LIMITATION AND DISCLAIMERS PROVIDED IN THESE TERMS ARE REASONABLE AND WERE TAKEN INTO CONSIDERATION WHEN USING THE PLATFORM. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Indemnification. You agree to defend, indemnify and hold harmless WinIt, its affiliates, independent contractors, service providers and consultants, and each of their respective officers, employees, agents, affiliates, successors and assigns, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (1) Your use of or inability to use the Platform and/or the Services; (ii) Your violation of these Terms, any applicable law or the rights of any third party.
- Promotions; Referral Programs. WinIt, at its sole discretion, may make available promotions with different features to any users or prospective users. WinIt reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that WinIt determines that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms. From time to time, WinIt may offer You with incentives to refer new users to the Platform (the “Referral Program”). Your participation in the Referral Program is subject to these Terms and the additional Referral Program Terms [http://appwinit.com/referral-program/].
- Intellectual Property. The Platform, and the information and material therein, including the Platform’s features, functionality and content are the exclusive property of WinIt, its licensor or providers of Third Party Materials and protected by copyright or other intellectual property laws. Using our Services does not give You ownership of any intellectual property rights in the Platform or the content you access. In the event You elect to communicate to us suggestions for improvements in connection with the Platform or the Services, WinIt shall own all right, title, and interest in and to the same, and shall be entitled to use them without restriction.
- Copyright Policy. We respect the rights of owners of intellectual property and expect our users to conduct themselves accordingly. If You believe that any material on the Platform, including Third Party Materials violates the rights of a copyright owner, please notify us of alleged infringement immediately by email at email@example.com for (Subject line: “DMCA Takedown Request”) or by mail at the address specified in Section 20 below.
- Severability. If any provision of these terms 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 these Terms will continue in full force and effect.
- Successors and Assigns. These Terms will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.
- Governing Law. The validity, interpretation and enforcement of these Terms, matters arising out of or related to these Terms or the Services shall be governed by the internal laws of the State of New York (without reference to choice of law doctrine). Any legal action or proceeding concerning the validity, interpretation and enforcement of these Terms, matters arising out of or related to these Terms or the Services, or related matters shall be brought exclusively in the courts of the State of New York in the County of New York or of the United States of America for the Southern District of New York, and the Parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO VOLUNTARILY WAIVES (IN CONNECTION WITH ANY DISPUTE ARISING OUT OF THESE TERMS OR THE SERVICES), ANY RIGHT TO: (1) A TRIAL BY JURY IN ANY LITIGATION IN ANY COURT; AND (2) BRING CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE WAIVED.
- Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE PLATFORM OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Notices. Notices made by You to us pursuant to these Terms must be sent by email to WinIt at firstname.lastname@example.org.
Any notices or other communications permitted or required hereunder will be in writing and given by WinIt (i) by email (to the address that you maintain with Your Account) or (ii) by posting on the Platform.
You are responsible to maintain your email mailbox and agree to check your mailbox frequently. We assume no responsibility for a missed communication or any consequence caused by such missed communication.
All notice shall be deemed effective one (1) business day after successful transmission (or posting) thereof.
- Entire Agreement. These Terms constitute the entire agreement between you and WinIt with respect to the Platform and the Services, and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect thereto.
- Relationship. Accessing the Platform or using the Services shall not be construed as creating a partnership, employment, agency, or joint venture relationship between WinIt and You.
- 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 these Terms and any applicable purchase or other terms, the terms of these Terms shall govern.
- Contact us. If you have any questions about these Terms or otherwise need to contact us for any reason, you can us by email at email@example.com or U.S. Postal Mail at:
60 Madison Av.
New York, NY 10010