Terms of Service

Last Updated: January 27, 2025

Please read these Terms of Service (the “Terms”) and our Privacy Notice (Privacy Notice) (“Privacy Notice”) carefully because they govern your use of the website located at www.evods.com (the “Site”) and services accessible via the Site and corresponding mobile application (“App”) offered by EVODS WA LLC (“EVODS”), which allow you to park and/or charge your hybrid or electric motor vehicle (your “Vehicle”) in certain parking facilities (“Parking Facilities”) identified on or through the Site or App. To make these Terms easier to read, the Site, our services and App are collectively called the “Services.”

1. Agreement to Terms.

By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.

2. Privacy Notice.

Please review our Privacy Notice, which also governs your use of the Services, for information on how we collect, use and share your information.

3. Changes to these Terms or the Services.

We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, to the App and/or may also send other communications. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

4. Who May Use the Services?

You may use the Services only if you are 18 years or older and capable of forming a binding contract with EVODS, are properly licensed to operate a motor vehicle in the jurisdiction in which EVODS offers you access to its Services, and are not otherwise barred from using the Services under applicable law.

5. Use of the Services.

By using the Services, you hereby authorize EVODS personnel to operate the Vehicle in and near the Parking Facility in order to park and/or charge the Vehicle, as selected by you within the Services. Notwithstanding the foregoing, EVODS reserves the right to refuse to operate any Vehicle which EVODS personnel determine, in such personnel’s sole discretion, it is not safe or lawful to operate. To pick up your Vehicle after you no longer wish for it to be parked or charged, you agree to present to EVODS personnel adequate verification of your ownership of such Vehicle, including without limitation your identification, a claim check, or other methods reasonably requested by EVODS.

6. Our Intellectual Property.

We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content.

7. One-Time Payments.

EVODS requires payment of a fee for use of the Services (or certain portions thereof) and you agree to pay such fees (each, a “One-Time Payment”) for such use .

(a) General.

By making a One-Time Payment (each such transaction, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.

(b) Towing Charges.

You agree that you will leave a functioning key with the Vehicle and that the Vehicle will otherwise be able to be safely operated by EVODS personnel within the Parking Facility (meaning that when you bring the Vehicle to the Parking Facility, it will have an adequate amount of fuel or battery charge for it to be operated by EVODS personnel and the Vehicle does not present any other mechanical or other issue which prevents such safe operation, including without limitation battery or engine failure, flat tires, or other issues). If you do not leave a functioning key or the Vehicle is otherwise not able to be safely operated, you agree, in accordance with Section 13, to reimburse and indemnify EVODS for any necessary towing charges that EVOD incurs to remove the Vehicle from the Parking Facility in connection therewith (“Towing Charges”), and you hereby authorize us to charge such Towing Charges (if applicable) directly using your Payment Information within the Services.

(c) Canceling a Transaction.

SUBJECT TO APPLICABLE LAW, ALL PAYMENTS YOU MAKE ARE FINAL AND YOU WILL NOT BE ABLE TO CANCEL ANY SUCH PAYMENT AND/OR RECEIVE A REFUND AT ANY TIME. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction in connection with the foregoing, we’ll refund any payment you have already remitted to us for such Transaction.

8. Rights and Terms for Apps.

(a) App License.

If you comply with these Terms, EVODS grants you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.

(b) Additional Information: Apple App Store.

This Section 8(b) applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. 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. You must also comply with any applicable third-party terms of service when using the App.

9. General Prohibitions and EVODS’ Enforcement Rights. You

You agree not to do any of the following:

  • (a) Use, display, mirror or frame the Services or any individual element within the Services, EVODS’ name, any EVODS trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without EVODS’ express written consent;
  • (b) Access, tamper with, or use non-public areas of the Services, EVODS’ computer systems, or the technical delivery systems of EVODS’ providers;
  • (c) Attempt to probe, scan or test the vulnerability of any EVODS system or network or breach any security or authentication measures;
  • (d) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by EVODS or any of EVODS’ providers or any other third party (including another user) to protect the Services;
  • (e) Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by EVODS or other generally available third-party web browsers;
  • (f) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • (g) Use any meta tags or other hidden text or metadata utilizing a EVODS trademark, logo URL or product name without EVODS’ express written consent;
  • (h) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
  • (i) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
  • (j) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
  • (k) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  • (l) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
  • (m) Impersonate or misrepresent your affiliation with any person or entity;
  • (n) Violate any applicable law or regulation; or
  • (o) Encourage or enable any other individual to do any of the foregoing. EVODS is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

10. Parking Facilities; Links to Third Party Websites or Resources.

You acknowledge and agree that the Parking Facilities are provided and maintained by third parties and not be EVODS. Further, the Services (including the App) may allow you to access third-party websites or other resources (“Third-Party Resources”), and we provide access to such Third-Party Resources only as a convenience and are not responsible for the content, products, links or services on or available from those Third-Party Resources. You acknowledge sole responsibility for, and assume all risk arising from, your use of any Third-Party Resources.

11. Termination

We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at info@evods.com. Upon any termination, discontinuation or cancelation of the Services or your account, the following Sections will survive: 6, 7, 8, 9, the first sentence of Section 10, 11, 12, 13, 14, 15, 16 and 17.

12. Warranty Disclaimers

EVODS IS NOT RESPONSIBLE FOR ANY DAMAGE OR LOSSES RELATING TO THE VEHICLE, INCLUDING WITHOUT LIMITATION (i) RESULTING FROM ANY NATURAL DISASTER, FIRE, FLOOD, EARTHQUAKE, LOCKDOWN, POWER OUTAGE, OR OTHER EVENT AFFECTING THE PARKING FACILITY; (ii) THEFT OF YOUR VEHICLE OR OF ANY ELECTRONICS, SPORTS EQUIPMENT, CASH, JEWELRY OR OTHER VALUABLES (“VALUABLES”) YOU LEAVE IN THE VEHICLE; AND (iii) DAMAGES TO VALUABLES, WINDSHIELDS, TIRES, WINDOWS, MIRRORS, OR ANY OTHER COMPONENT OF THE VEHICLE, OR ANY MECHANICAL OR OTHER ISSUES WITH THE VEHICLE, EXCEPT (AND SOLELY TO THE EXTENT DIRECTLY CAUSED BY) THE GROSS NEGLIGENCE OR LAWFUL MISCONDUCT OF EVODS, WITH THE FOREGOING. THESE WARRANTIES ARE PROVIDED SUBJECT TO APPLICABLE LAW AND ON CONDITION THATYOU SHALL INSPECT THE VEHICLE BEFORE LEAVING THE PARKING PREMISES FOR ANY SUCH DAMAGE OR LOSS, AND THAT YOU SHALL REPORT SUCH DAMAGE OR LOSS TO A MEMBER OF EVODS PERSONNEL BEOFRE LEAVING THE PARKING FACILITY. YOU ACKNOWLEDGE AND AGREE THAT EVODS DOES NOT MAINTAIN THE PARKING FACILITY AND IS NOT LIABLE FOR DAMAGES, LOSSES OR INJURY TO YOU OR YOUR VEHICLE RELATED TO OR ARISING OUT OF THE PARKING FACILITY. WITHOUT LIMITING THE FOREGOING, THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, AND WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE SERVICES.

13. Indemnity

You will indemnify and hold EVODS and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) all Towing Charges, if applicable, or (c) your violation of these Terms.

14. Limitation of Liability

  • (a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER EVODS NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, DAMAGE TO THE VEHICLE OR THEFT OR LOSS OF VALUABLES OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EVODS OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

  • (b) TO THE MAXIMUM EXTENT PERMITTED BY LAW , IN NO EVENT WILL EVODS’ TOTAL CUMULATIVE LIABILITY TO YOU ARISING FROM ALL CLAIMS UNDER OR RELATED TO THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS ACTUAL PAID BY YOU OR ARE PAYABLE BY YOU TO EVODS FOR USE OF THE SERVICES, PROVIDED THAT IN NO EVENT WILL EVODS’ TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS MADE UNDER OR RELATED TO THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS $100.00.

  • (c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EVODS AND YOU.

15. Governing Law and Forum Choice.

These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Washington, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 16 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and EVODS are not required to arbitrate will be the state and federal courts located in King County, Washington, and you and EVODS each waive any objection to jurisdiction and venue in such courts.

16. Dispute Resolution

(a) Mandatory Arbitration of Disputes.

We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and EVODS agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and EVODS are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

(b) Exceptions.

As limited exceptions to Section 16(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

(c) Conducting Arbitration and Arbitration Rules.

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

(d) Arbitration Costs.

Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

(e) Injunctive and Declaratory Relief.

Except as provided in Section 16(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

(f) Class Action Waiver.

YOU AND EVODS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution Section 16 shall be null and void.

(g) Severability.

With the exception of any of the provisions in Section 16(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

17. General Terms

(a) Reservation of Rights.

EVODS and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

(b) Entire Agreement.

These Terms constitute the entire and exclusive understanding and agreement between EVODS and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between EVODS and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without EVODS’ prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. EVODS may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

(c) Notices.

Any notices or other communications provided by EVODS under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

(d) Waiver of Rights

EVODS’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of EVODS. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

18. Contact Information

For questions about these Terms or the Services, contact EVODS at:

info@evods.com

+1 (800) 273-1163