Terms of Service

EZSpot Inc. ("EZSpot," "we," "us," or "our") provides our services (described below) and related content to you through our website(s) located at www.ezspot.ai (the "Site"), our mobile applications (the "Apps") and our related platform and technologies (collectively, the "Platform"). All access and use of the Platform is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these "Terms of Service"). By accessing, browsing, or otherwise using the Site, by downloading the Apps, or any other aspect of the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Platform.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the "Terms of Service" link on the Site. We will also notify you of any material changes, either through the Platform user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Platform after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Platform.

PLEASE READ THESE Terms of Service CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST EZSPOT ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

Your Privacy: At EZSpot, we respect the privacy of our users. For more information please see our Privacy Policy, located at https://www.ezspot.ai/ (the "Privacy Policy"). By using the Platform, you consent to our collection, use and disclosure of personal data and other data as outlined therein.

Additional Terms: In addition, when using certain features through the Platform, you will be subject to any additional terms applicable to such features that may be posted on or within the Platform from time to time. All such terms are hereby incorporated by reference into these Terms of Service.

Platform Description: We operate an app-based marketplace platform that connects individuals seeking to park their vehicle ("Parkers") with individuals who make their parking spaces available for booking ("Hosts"). Transactions facilitated through the Platform are conducted solely between Parkers and Hosts as independent parties.

EZSpot does not own, operate, control, manage, inspect, maintain, or guarantee any parking space listed on the Platform, and is not a parking operator, garage, valet service, property owner, landlord, bailee, or transportation company. EZSpot is not a party to any parking transaction between a Host and a Parker, and does not employ or act as an agent for any Host or Parker. All Hosts and Parkers are independent users who transact directly with one another.

EZSpot's role is strictly limited to: (a) operating the Platform that facilitates connections between Hosts and Parkers; (b) processing payments as a limited payment agent on behalf of users; and (c) providing customer support services. Nothing in these Terms shall be construed to create an employment, agency, joint venture, or partnership relationship between EZSpot and any user of the Platform.

Your Registration Obligations: You may be required to register with EZSpot or provide information about yourself (e.g., name and email address) in order to access and use certain features of the Platform. If you choose to register for the Platform, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Platform's registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years of age, you are not authorized to use the Platform, with or without registering.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify EZSpot of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Platform. EZSpot will not be liable for any loss or damage arising from your failure to comply with this paragraph.

General Practices Regarding Use and Storage: You acknowledge that EZSpot may establish general practices and limits concerning use of the Platform, including the maximum period of time that data or other content will be retained by the Platform and the maximum storage space that will be allotted on EZSpot's or its third-party service providers' servers on your behalf. You agree that EZSpot has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Platform. You acknowledge that EZSpot reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that EZSpot reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Modifications to Platform: EZSpot reserves the right to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. You agree that EZSpot will not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform.

This Section applies to the extent you are participating on the Platform as a Host:

Authority to List: By listing a parking space on the Platform, you represent and warrant that you hold full legal authority to make the space available for short-term rental. This includes, without limitation, compliance with any applicable lease agreements, mortgage covenants, homeowners association (HOA) rules, local ordinances, zoning regulations, and any required municipal permits or licenses. You further represent that the space is not subject to any restriction or prohibition against short-term commercial rental activity, and that you will maintain such authority for the duration of any active booking. Where you lack the legal authority to list a space and a Parker suffers harm as a result, including but not limited to receiving a parking citation, having their vehicle towed, or being denied access to the space, you shall be solely liable for all resulting costs, fees, fines, and damages. EZSpot bears no responsibility or liability in such circumstances.

Accuracy of Listing: As a Host, you are required to provide a complete and accurate description of your parking space at the time of listing and on an ongoing basis. This includes, at a minimum, the dimensions of the space, overhead clearance height, surface type, method of access, any restrictions on vehicle size, type, or weight, hours of availability, and any known hazards or defects that may affect use of the space. If conditions change at any time, whether temporarily or permanently, you must promptly update your listing to reflect those changes. EZSpot reserves the right to remove any listing that is found to be materially inaccurate or misleading, and may suspend or terminate the account of any Host who fails to maintain accurate listing information.

Space Condition and Safety: As a Host, you bear sole responsibility for ensuring that your parking space is maintained in a safe, accessible, and usable condition at all times during which it is listed and available for booking. EZSpot may, but is not obligated to, inspect, audit, or verify the condition of any space listed on the Platform, and makes no representations regarding the safety or suitability of any listing. You are required to disclose any and all known hazards, structural concerns, drainage issues, lighting deficiencies, or other physical conditions that could pose a risk to a Parker or their vehicle. This disclosure obligation applies at the time of listing and must be updated whenever new conditions arise. Failure to disclose known hazards or defects constitutes a material breach of these Terms of Service and may result in account suspension, termination, and liability for resulting damages.

Host's Own Insurance: You are solely responsible for obtaining and maintaining adequate insurance coverage for your property, including coverage that expressly extends to short-term commercial rental activity where applicable. Hosts are strongly advised to review their existing homeowner's, renter's, or landlord insurance policy before listing, as many standard policies do not cover losses arising from commercial rental use. EZSpot recommends that you consult directly with your insurance provider to confirm the scope of their coverage and obtain any necessary endorsements or supplemental policies. Any commercial liability or other insurance maintained by EZSpot is not a substitute for your own property or liability insurance and does not cover your individual property, structures, or legal obligations.

Compliance with Law: You are solely responsible for ensuring that your use of the Platform and the rental of your parking space complies with all applicable local, state, and federal laws and regulations. This includes, without limitation, obtaining any required permits or licenses to operate a short-term commercial parking rental, collecting and remitting any applicable taxes such as transient occupancy taxes, local parking taxes, or similar levies, and complying with any accessibility requirements that may apply to the space. EZSpot does not provide legal, tax, or regulatory advice, and it is your responsibility to independently determine what obligations apply to your listing and to fulfill those obligations in a timely manner.

Host Warranty Regarding Citation Risk: By listing a space, you represent and warrant that your space may be used by a Parker during the listed availability hours without risk of citation by municipal, county, or state authorities, or towing by any authorized party, arising from your failure to authorize use, the space's non-compliance with applicable law, or any restriction you failed to disclose. If a Parker receives a citation or is towed due to any of the foregoing, you are solely liable for reimbursing the Parker for all fines, towing fees, impound fees, and reasonable related costs.

This Section applies to the extent you are participating on the Platform as a Parker:

Valid License and Lawful Operation: By booking a parking space through the Platform, you represent and warrant that you hold a valid and current driver's license and are legally permitted to operate the vehicle you intend to park. You agree to comply with all applicable traffic laws, parking regulations, and any other laws governing the operation of a motor vehicle at all times during your use of a booked space. It is your sole responsibility to ensure that your license remains valid and that you are legally authorized to drive for the duration of your booking. EZSpot does not verify the validity of any user's driver's license and makes no representation that any Parker is a licensed or lawful driver.

Use of Space: When using a parking space booked through the Platform, you agree to arrive within your designated booking window and to vacate the space at or before the end of your booked period. You must follow all access instructions and use requirements set forth by the Host in the listing, and may only park the specific vehicle type indicated at the time of booking. You are prohibited from using the space for any purpose other than standard vehicle parking, and you must not cause damage to the space, surrounding structures, or any adjacent property during your booking. Any failure to comply with the Host's listed instructions or these Terms may result in the cancellation of your booking, suspension of your account, and liability for any resulting damages.

Overstay: If you remain in a parking space beyond the end of your confirmed booking period without prior authorization from the Host, you may be charged for the additional time at a rate of up to three times (3x) the standard hourly rate for that space, which may be billed directly to your payment method on file. In addition to any overstay charges, the Host reserves the right to have your vehicle towed at your sole expense if you fail to vacate the space in a timely manner. EZSpot is not responsible or liable for any towing costs, storage fees, or other damages that arise as a result of an unauthorized overstay. It is your responsibility to manage your booking time carefully and to contact EZSpot or the Host in advance if you anticipate needing additional time.

Your Own Insurance: You are solely responsible for maintaining adequate auto insurance coverage for your vehicle, including coverage for any damage that may occur to your vehicle while it is parked, regardless of cause. EZSpot's marketplace liability insurance, if any, does not extend to cover damage to your vehicle, theft, vandalism, or any other loss you may experience in connection with your use of a parking space. You are strongly encouraged to carry comprehensive auto insurance and to verify the scope of your coverage with your insurer before booking. EZSpot makes no guarantee regarding the safety or security of any parking space listed on the Platform and shall not be liable for any loss or damage to your vehicle or personal property.

Your Responsibility for Vehicle Compliance: You are solely responsible for any parking citations, fines, or towing that result from conditions or circumstances relating to your vehicle or conduct that are independent of the Host's listing. This includes, without limitation, citations or towing resulting from expired vehicle registration or inspection, outstanding warrants or holds on your vehicle, or your own violation of applicable traffic or parking laws unrelated to the Host's listing instructions or the condition of the space. It is your responsibility to ensure that your vehicle is in full legal compliance before booking and using any space on the Platform. EZSpot and Hosts bear no liability for any fines, fees, or costs arising from your vehicle's status or your independent conduct.

Damage to Parker's Vehicle: EZSpot is not liable for any damage to your vehicle occurring at a listed parking space, including but not limited to collision damage, vandalism, theft, flooding, falling objects, fire, or structural failure of any surface or structure. Your use of any parking space listed on the Platform is entirely at your own risk, and EZSpot makes no representations or guarantees regarding the physical condition or safety of any space. If you believe your vehicle was damaged due to a defect or hazardous condition in the Host's space, you must document the damage with photographs immediately upon discovery, report the damage to EZSpot within 24 hours of your booking end time, and file a claim with your own auto insurance provider. EZSpot may, in its discretion, facilitate communication between you and the Host in connection with a damage report, but is not obligated to adjudicate damage claims, make any determination of fault, or provide compensation of any kind.

Damage Caused by Parker to Host Property: You are solely responsible for any damage you or your vehicle cause to a Host's property during or in connection with your booking, including but not limited to damage to driveways, garages, gates, structural elements, landscaping, or any adjacent property. If a Host reports damage attributable to you, EZSpot reserves the right to withhold from your payment method on file an amount up to the documented cost of repair, while the matter is under review. EZSpot's decision to withhold or release any funds is made at EZSpot's sole discretion and does not constitute a legal determination of fault or liability on the part of you or EZSpot. For any damages exceeding the withholding threshold, the Host retains the right to pursue you directly through applicable civil proceedings. EZSpot does not act as an insurer for Host property and has no obligation to compensate Hosts for damages caused by Parkers beyond the facilitation described herein.

Damage Reporting Obligations: Both Hosts and Parkers are required to report any damage, incident, or dispute arising in connection with a booking to EZSpot within 24 hours of the booking end time. Reports submitted outside of this window may not be considered, and EZSpot reserves the right to close any claim that is untimely or unsupported by sufficient documentation. In connection with any reported claim, EZSpot may request photographs, written descriptions, repair estimates, police reports, or other supporting materials it deems necessary to evaluate the matter. EZSpot reserves the right, in its sole discretion, to close, deny, or decline to act on any claim that is unsubstantiated, incomplete, or submitted in bad faith. The submission of a report does not guarantee any particular outcome or obligate EZSpot to take any specific action.

Theft: EZSpot is not responsible for the theft of your vehicle or any personal property left in, on, or around your vehicle at a listed parking space. You are strongly advised not to leave valuables, personal items, or sensitive documents in your vehicle while it is parked through the Platform. Hosts are not required to provide security monitoring, surveillance cameras, lighting, or other security measures unless such features are expressly stated in the listing. In the event of a theft, you must file a police report and contact your own insurance provider promptly. EZSpot may provide documentation of your booking to assist with an insurance or law enforcement matter, but has no further obligation in connection with any theft event.

Personal Injury: EZSpot is not liable for any personal injury, death, or bodily harm occurring at or in connection with a listed parking space, whether sustained by a Parker, a Host, or any third party. Hosts are solely responsible for maintaining their property in a condition that does not pose an unreasonable risk of harm, and must promptly remove or update their listing if a hazardous condition arises at any time. As a Parker, you acknowledge and assume the risk of physical hazards that may be present at a parking space and agree to exercise reasonable care when accessing, using, and vacating any booked space. EZSpot reserves the right to remove any listing that appears to present a safety risk to users or third parties, but is not obligated to inspect any space or guarantee its safety.

EZSpot's Role in Disputes: EZSpot is not obligated to mediate, arbitrate, or resolve any dispute that arises between a Host and a Parker in connection with a booking or the use of the Platform. While EZSpot may, at its sole discretion, choose to facilitate communication between the parties, review submitted documentation, or offer a non-binding recommendation, any such involvement is provided as a courtesy only and does not make EZSpot a party to the dispute. EZSpot's participation in any dispute resolution process does not create any legal obligation, liability, or responsibility on EZSpot's part with respect to the outcome. Users acknowledge that EZSpot is a technology platform and not a dispute resolution service, arbitration body, or judicial authority, and that any involvement by EZSpot in a dispute is entirely discretionary.

Remedial Actions: EZSpot may, in its sole and absolute discretion, take certain remedial actions in connection with a dispute, including withholding or releasing disputed funds, issuing partial or full refunds, or implementing other measures it deems appropriate under the circumstances. Any such action taken by EZSpot is made as a courtesy to the affected users and does not constitute an admission of liability, a waiver of any rights, or a legal determination of fault on the part of EZSpot or any user. EZSpot's decision to take or refrain from taking any remedial action in one instance does not obligate EZSpot to take the same or similar action in any future dispute. All decisions made by EZSpot in connection with disputed funds or remedial measures are final and made at EZSpot's sole discretion.

User Cooperation: All users are required to cooperate fully and in good faith with EZSpot's dispute resolution process. This includes providing all documentation, photographs, communications, or other materials requested by EZSpot within five (5) business days of the date of request. Failure to respond in a timely manner or to provide requested materials may result in an adverse decision being issued against the non-cooperating party, as well as suspension or termination of that user's account. EZSpot reserves the right to make a determination based solely on the information available to it if a party fails to cooperate, and such determination shall be binding for purposes of any action EZSpot takes on the Platform. Users further agree not to pursue external legal action against the other party without first completing EZSpot's dispute process where applicable.

EZSpot's Insurance Policies: EZSpot may maintain one or more insurance policies that provide coverage for certain claims arising from the operation of the Platform, which may include coverage for third-party bodily injury and property damage claims arising directly from confirmed bookings. The scope, limits, and terms of any such coverage are governed exclusively by the applicable policy documents, and EZSpot makes no representation or guarantee regarding the nature, extent, or sufficiency of any insurance it maintains. Regardless of what insurance EZSpot may carry, such coverage does not extend to: (a) damage to a Parker's own vehicle, regardless of cause; (b) theft of a vehicle or personal property left in or around a vehicle; (c) damage to Host property caused by a Parker, except as otherwise described in these Terms; (d) any incident occurring outside of a confirmed booking window; (e) any incident resulting from a Parker's or Host's violation of these Terms or applicable law; or (f) any loss exceeding the applicable policy limits. The existence of any insurance maintained by EZSpot does not limit, reduce, or replace any user's independent obligation to obtain and maintain their own adequate insurance coverage, including auto, property, liability, or renter's insurance as applicable to their role on the Platform. Users should not rely on any EZSpot insurance policy as a substitute for their own coverage, and EZSpot strongly encourages all users to consult with their own insurance provider before listing or booking a parking space through the Platform.

Payment Processing: All payments made through the Platform are processed by Stripe, Inc., our third-party payment processor. By using the Platform, you agree to Stripe's Terms of Service and Privacy Policy, which govern the processing of your payment information. EZSpot does not store or have direct access to your full payment card details, and all payment data is handled in accordance with Stripe's security and compliance standards. EZSpot acts as a limited payment agent on behalf of Hosts solely for the purpose of collecting payments from Parkers and routing those funds in accordance with these Terms. Receipt of a Parker's payment by EZSpot constitutes full satisfaction of the Parker's payment obligation to the Host for the applicable booking. EZSpot's liability in its capacity as a limited payment agent is strictly limited to the correct routing of funds and does not extend to any other obligations or liabilities arising from a booking.

Service Fees: EZSpot charges service fees to facilitate the use of the Platform, which may include fees assessed to Hosts, Parkers, or both. All applicable fees will be disclosed to users at the time of booking or listing, as applicable, and are subject to change upon reasonable notice. EZSpot reserves the right to modify its fee structure at any time, and continued use of the Platform following notice of any fee change constitutes your acceptance of the updated fees. Service fees are non-refundable. EZSpot's fees do not include any applicable taxes, which remain the sole responsibility of the applicable user as described below.

Host Payouts: Following the completion of a booking, EZSpot will remit the applicable payout to the Host, less any applicable service fees, in accordance with EZSpot's payout schedule. Payouts are processed through Stripe and are subject to Stripe's standard processing timelines, which may vary depending on the Host's bank or financial institution. Hosts are responsible for maintaining accurate and current payout account information on the Platform, and EZSpot is not liable for any delay or failure in payout resulting from incorrect or outdated banking information provided by the Host. EZSpot reserves the right to withhold or delay a payout in connection with an open dispute, investigation, or suspected violation of these Terms. Hosts acknowledge that EZSpot may deduct from any payout amounts owed by the Host to EZSpot or to a Parker pursuant to these Terms.

Host Tax Obligations: Hosts are solely responsible for determining and fulfilling all tax obligations arising from income earned through the Platform. This includes, without limitation, federal and state income taxes, self-employment taxes, transient occupancy taxes, local parking taxes, and any other levies imposed by applicable taxing authorities on rental income. EZSpot will issue applicable tax forms, including Form 1099-K, to Hosts as required by applicable law, but does not provide tax advice, guidance, or representation of any kind. Hosts are strongly encouraged to consult with a qualified tax advisor to understand their specific tax obligations before listing a space on the Platform. EZSpot assumes no liability for any tax liability, penalties, or interest incurred by a Host in connection with their use of the Platform.

Parker Tax Obligations: As a Parker, you may be responsible for any sales tax, use tax, or similar levy applicable to your booking in jurisdictions where EZSpot is not legally required to collect and remit such taxes on your behalf. Where EZSpot is required by law to collect and remit applicable taxes, those amounts will be included in the total booking cost disclosed to you at checkout. It is your responsibility to determine whether any additional tax obligations apply to your use of the Platform in your jurisdiction. EZSpot does not provide tax advice and recommends that you consult a qualified tax advisor if you have questions regarding your tax obligations as a Parker.

Prohibited Conduct: By accessing or using the Platform, you agree that you will not engage in any of the following conduct: (a) list or book a parking space that you do not have the legal authority to list or occupy; (b) provide false, misleading, or fraudulent information in any listing, account registration, booking, or communication on or through the Platform; (c) circumvent the Platform's payment system by soliciting or completing transactions with other users outside of EZSpot, including accepting or making direct cash payments for bookings; (d) harass, threaten, defame, intimidate, or otherwise harm any other user, EZSpot employee, or third party in connection with your use of the Platform; (e) use automated tools, bots, scrapers, or scripts to access, monitor, or interact with the Platform in any unauthorized manner; (f) reverse engineer, decompile, disassemble, or create derivative works based on any part of the Platform or its underlying technology; (g) use the Platform for any unlawful purpose or in a manner that violates any applicable local, state, or federal law or regulation; or (h) attempt to gain unauthorized access to any EZSpot system, account, database, or data. EZSpot reserves the right to investigate any suspected violation of this section and, where warranted, to suspend or terminate the offending user's account, withhold pending payouts, and refer the matter to appropriate law enforcement or civil authorities.

Prohibited Content: You are solely responsible for any content you upload, post, publish, or otherwise make available through the Platform, including listing descriptions, photographs, messages, and any other materials ("User Content"). You may not submit or share User Content that: (a) infringes any intellectual property, proprietary, or privacy rights of any third party; (b) contains viruses, malicious code, or any software designed to disrupt, damage, or interfere with the Platform or any user's device; (c) is unlawful, threatening, abusive, harassing, defamatory, obscene, pornographic, hateful, or discriminatory in any way; (d) constitutes unsolicited advertising, spam, chain letters, or any other form of unauthorized solicitation; (e) impersonates any person or entity or misrepresents your identity or affiliation; (f) promotes or facilitates any illegal activity or criminal enterprise; or (g) is otherwise objectionable in EZSpot's sole discretion or that may expose EZSpot or its users to harm or liability of any kind. EZSpot reserves the right to remove any User Content that violates this section and to suspend or terminate the account of any user responsible for prohibited content.

Mobile Platforms: The Platform includes certain services that are available via a mobile device, including (a) the ability to upload content to the Platform via a mobile device, (b) the ability to access Platform and the Site from a mobile device, and (c) the ability to access certain features and content through Mobile Apps (collectively, the "Mobile Platforms"). To the extent you access the Platform through a mobile device, your wireless service carrier's standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Platforms may be prohibited or restricted by your carrier, and not all Mobile Platforms may work with all carriers or devices.

Mobile App License: Subject to these Terms of Service, EZSpot hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the Mobile App on one mobile device and (b) use the Mobile App for your own personal use solely to access and use the Platform. For clarity, the foregoing is not intended to prohibit you from installing the Mobile App on another device on which you also agreed to these Terms of Service. Each instance of these Terms of Service that you agree to in connection with downloading a Mobile App grants you the aforementioned rights in connection with the installation and use of the Mobile App on one device.

Ownership; Restrictions: The technology and software underlying the Platform or distributed in connection therewith are the property of EZSpot, EZSpot Affiliates, and their licensors (including the Mobile Apps, the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, or sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by EZSpot.

Special Notice for International Use; Export Controls: EZSpot is headquartered in the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the Laws of your specific jurisdiction. Software available in connection with the Platform and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Platform or otherwise exported or re-exported in violation of U.S. export Laws. Downloading, accessing, or using the Software or the Platform is at your sole risk.

Third-Party Distribution Channels: EZSpot offers Software that may be made available through the Apple App Store, the Google Play Store, or other distribution channels ("Distribution Channels"). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the Platform, you agree to comply with all applicable terms of any agreement for such third-party products and services.

Apple-Enabled Software: With respect to Mobile Apps that are made available for your use in connection with an Apple-branded product (the "Apple-Enabled Software"), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

• EZSpot and you acknowledge that these Terms of Service are concluded between EZSpot and you only, and not with Apple Inc. ("Apple"), and that as between EZSpot and Apple, EZSpot, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
• You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Platforms Terms and Conditions.
• Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the "Usage Rules" set forth in the Apple Media Platforms Terms and Conditions, except that such Apple-Enabled Software may be accessed and used by other accounts associated with the purchaser via Apple's Family Sharing or volume purchasing programs.
• Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
• Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software, if any, to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be EZSpot's sole responsibility, to the extent it cannot be disclaimed under applicable law.
• EZSpot and you acknowledge that EZSpot, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (a) product liability claims; (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
• In the event of any third-party claim that the Apple-Enabled Software or your possession and use of that Apple-Enabled Software infringes that third party's intellectual property rights, as between EZSpot and Apple, EZSpot, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
• You represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
• If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to EZSpot at support@ezspot.ai.
• You must comply with applicable third-party terms of agreement when using the Apple-Enabled Software, e.g., your wireless data service agreement.
• EZSpot and you acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.

Google-Sourced Software: The following applies to any Mobile App you download from the Google Play Store ("Google-Sourced Software"): (a) you acknowledge that these Terms of Service are between you and EZSpot only, and not with Google, Inc. ("Google"); (b) your use of Google-Sourced Software must comply with Google's then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) EZSpot, and not Google, is solely responsible for EZSpot's Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms of Service; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms of Service as it relates to EZSpot's Google-Sourced Software.

Platform Content: You acknowledge and agree that the Platform may contain content or features ("Platform Content") that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by EZSpot, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Platform or the Platform Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you upload to or make available through the Platform in accordance with these Terms of Service. Any use of the Platform or the Platform Content other than as specifically authorized herein is strictly prohibited.

Trademarks: The EZSpot name and logos are trademarks and service marks of EZSpot (collectively the "EZSpot Trademarks"). Other EZSpot, product, and service names and logos used and displayed via the Platform may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to EZSpot. Nothing in these Terms of Service or the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of EZSpot Trademarks displayed on the Platform, without our prior written permission in each instance. All goodwill generated from the use of EZSpot Trademarks will inure to our exclusive benefit.

Third-Party Material: Under no circumstances will EZSpot be liable in any way for any content or materials of any third parties, including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that EZSpot does not pre-screen content, but that EZSpot and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Platform. Without limiting the foregoing, EZSpot and its designees will have the right to remove any content that violates these Terms of Service or is deemed by EZSpot, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content: You represent and warrant that you own all right, title and interest in and to such User Content, including all copyrights and rights of publicity contained therein. You hereby grant EZSpot and its affiliates, successors and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content, in any form, medium or technology now known or later developed, (a) in connection with the operation of the Platform; (b) to develop and improve the Platform and other EZSpot offerings; (c) as otherwise set forth in our Privacy Policy. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content.

Usage Data: You hereby authorize EZSpot and its third-party service providers to collect and data and information relating to the Platform and related systems and technologies and derive statistical and usage data relating thereto (collectively, "Usage Data"). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.

Feedback: Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Platform ("Submissions"), provided by you to EZSpot are non-confidential and EZSpot will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.

Required Disclosures: You acknowledge and agree that EZSpot may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of EZSpot, its users, or the public. You understand that the technical processing and transmission of the Platform, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

The Platform may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the "Third-Party Platforms"). Your access and use of the Third-Party Platforms may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Platforms on the websites or via the technology platforms of their respective providers. Some Third-Party Platforms will provide us with access to certain information that you have provided to third parties, including through such Third-Party Platforms, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Platforms and our use, storage and disclosure of information related to you and your use of such Third-Party Platforms within the Platform, please see our Privacy Policy. EZSpot has no control over and is not responsible for such Third-Party Platforms, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Platforms, or on the privacy practices of Third-Party Platforms. We encourage you to review the privacy policies of the third parties providing Third-Party Platforms prior to using such services. You, and not EZSpot, will be responsible for any and all costs and charges associated with your use of any Third-Party Platforms. EZSpot facilitates interaction with Third-Party Platforms and enables these Third-Party Platforms merely as a convenience and the integration or inclusion of such Third-Party Platforms does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Platform are between you and the third party. EZSpot will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Platforms.

To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless EZSpot, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the "EZSpot Parties") from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Platform, any User Content, your connection to the Platform, your violation of these Terms of Service, or your violation of any rights of another. EZSpot will provide notice to you of any such claim, suit, or proceeding. EZSpot reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting EZSpot's defense of such matter. You may not settle or compromise any claim against the EZSpot Parties without EZSpot's written consent.

Acknowledgement of Risk: By accessing or using the Platform, creating a listing, or booking a parking space, you expressly acknowledge and agree that your use of the Platform and any parking space listed thereon involves inherent risks, including but not limited to property damage, theft, vandalism, personal injury, and other hazards associated with the use of parking spaces, driveways, garages, and related structures. You acknowledge that EZSpot does not own, operate, inspect, or control any parking space listed on the Platform, and that EZSpot cannot guarantee the safety, condition, or suitability of any space. You voluntarily and knowingly assume all risks associated with your use of the Platform and any parking space booked or listed through it, whether or not such risks are foreseeable at the time of your use. This assumption of risk applies to all activities undertaken in connection with your use of the Platform, including traveling to and from a parking space, accessing a space, and operating a vehicle in connection with any booking.

Release and Waiver of Claims: In consideration of being permitted to use the Platform, you hereby release, waive, discharge, and covenant not to sue the EZSpot Parties from any and all claims, demands, losses, damages, liabilities, costs, and expenses of any kind, whether known or unknown, foreseen or unforeseen, arising out of or relating to your use of the Platform or any parking space listed thereon. This release includes, without limitation, claims arising from property damage, vehicle damage, theft, personal injury, bodily harm, or death, regardless of whether such claims are caused in whole or in part by the negligence of any of the EZSpot Parties. You expressly agree that this release is intended to be as broad and inclusive as permitted by applicable law, and that if any portion of this release is held invalid, the remainder shall continue in full force and effect.

Waiver of California Civil Code Section 1542: If you are a California resident, you expressly waive the protections of California Civil Code Section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

By agreeing to these Terms, you acknowledge that you have read and understand Section 1542, and you nonetheless waive its protections to the fullest extent permitted by law with respect to all claims released herein, whether known or unknown, suspected or unsuspected. You further waive any similar protections afforded by the laws of any other state or jurisdiction to the extent applicable to your use of the Platform.

Voluntary Agreement: You acknowledge that you have had a full and fair opportunity to review these Terms, including this Assumption of Risk and Waiver, and that you are entering into this agreement voluntarily, knowingly, and without duress. You further acknowledge that EZSpot has offered you access to the Platform in reliance on your agreement to the terms of this section, and that this release constitutes a material inducement for EZSpot to provide you with access to the Platform and its services. If you do not agree to the terms of this section, you must immediately discontinue your use of the Platform.

YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE EZSPOT PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE EZSPOT PARTIES MAKE NO WARRANTY THAT (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS; (B) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE EZSPOT PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE EZSPOT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE PLATFORM; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR PLATFORMS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; OR (E) ANY OTHER MATTER RELATING TO THE PLATFORM. IN NO EVENT WILL THE EZSPOT PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID EZSPOT IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM OR WITH THESE Terms of Service, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PLATFORM.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED "INDEMNIFICATION", "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and EZSpot, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Platform, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and EZSpot are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND EZSPOT AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND EZSPOT AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

Pre-Arbitration Dispute Resolution

EZSpot is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at support@ezspot.ai. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to EZSpot should be sent to the contact address listed below ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If EZSpot and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or EZSpot may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by EZSpot or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or EZSpot is entitled.

Opt-Out Right

You have the right to opt out of this Arbitration Agreement in accordance with the process set forth herein. If you opt out, neither you nor we can require the other to participate in arbitration. To opt out, you must notify us in writing within thirty (30) days of the date you first accept these Terms of Service. Your opt-out notice must include: (1) your name and address; (2) the email address associated with your account (if applicable); and (3) a clear statement that you wish to opt out of the arbitration agreement. You must send your opt-out notice to: via email to: support@ezspot.ai with the Subject: "Arbitration Opt-Out". If you opt out of the arbitration agreement, all other terms of these Terms of Service will continue to apply. Opting out of this arbitration agreement has no effect on any previous arbitration agreements you may have had with us or any future arbitration agreements you may enter into with us.

Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Consumer Arbitration Rules (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless EZSpot and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, EZSpot agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either EZSpot or you under the AAA Rules, EZSpot and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, EZSpot will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, EZSpot will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys' fees will be governed by the AAA Rules.

Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.

Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms of Service to the contrary, EZSpot agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Platform, you may reject any such change by sending EZSpot written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

You agree that EZSpot, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Platform and remove and discard any content within the Platform, for any reason, including for lack of use or if EZSpot believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Platform, may be referred to appropriate law enforcement authorities. EZSpot may also in its sole discretion and at any time discontinue providing the Platform, or any part thereof, with or without notice. You agree that any termination of your access to the Platform under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that EZSpot may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Platform. Further, you agree that EZSpot will not be liable to you or any third party for any termination of your access to the Platform.

These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and EZSpot governing your access and use of the Platform, and supersede any prior agreements between you and EZSpot with respect to the Platform. You also may be subject to additional terms and conditions that may apply when you use Third-Party Platforms, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions, unless the laws of your jurisdiction require different substantive law apply. With respect to any disputes or claims not subject to arbitration, as set forth above, you and EZSpot submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco, California. The failure of EZSpot to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of EZSpot, but EZSpot may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words "include" and "including," and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words "without limitation." Notices to you may be made via either email or regular mail. The Platform may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platform. EZSpot will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond EZSpot's reasonable control.

Under California Civil Code Section 1789.3, users of the Platform from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Platforms of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at: support@ezspot.ai or 90 New Montgomery Street, Suite 670, San Francisco, CA 94105.

The Platform is made available to the U.S. government with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Platform (including the Software) by the U.S. government constitutes acknowledgement of our proprietary rights in the Platform (including the Software).

Please contact us at support@ezspot.ai to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Platform.