Terms of Service

1. Agreement and Summary

These Terms of Service (the “Terms”) are a binding agreement between you and Wins Parking, LLC. They cover the ChargingNear.me website, its pages, maps, tools, trip planner, alerts, emails, push notifications, AI concierge, embeddable widget, developer API, data feeds and every other service we offer under the ChargingNear.me name (together, the “Services”).

By visiting, browsing or using the Services, creating an account, buying a plan, posting content or calling the API, you agree to these Terms, to our Privacy Policy, Cookie Policy and Acceptable Use Policy, and, if you use the API, to our API Terms. Each of those documents is part of these Terms. If you do not agree, do not use the Services.

The short version, which does not replace the full text:

• We are a directory. We do not own, operate, price or repair the chargers we list, and station information can be wrong or out of date (Sections 5 and 6).
• Paid plans renew automatically until you cancel. You can cancel anytime; cancellation takes effect at the end of the term you have paid for, and payments are not refundable except as these Terms or the law require (Section 11).
• Never use the Services while driving (Section 7).
• Our liability is limited (Section 21), and disputes go to individual arbitration unless you opt out (Section 23).

2. Who We Are

“ChargingNear.me,” “we,” “us” and “our” mean Wins Parking, LLC, a Colorado limited liability company located at 56 Edwards Village Blvd, Unit 124, Edwards, CO 81632. ChargingNear.me is a brand and service operated by Wins Parking, LLC.

Our affiliates Wins Design & Build, which designs and builds parking and installs EV chargers, and Park Graph, a parking payment service operated by Wins Parking, LLC, have their own terms for their own services. Payments for ChargingNear.me plans may be processed through the Stripe account of our affiliate JLT Valley LLC; the charge appears on your statement as CHARGINGNEAR.ME. Each of these affiliates is an intended third-party beneficiary of the disclaimers, limitations of liability, releases, indemnities and dispute-resolution terms in these Terms and may enforce them.

You can reach us at legal@chargingnear.me or (970) 279-1744. See Section 25 for how to send legal notices.

3. Eligibility

You may browse public pages at any age that the law allows without an account. You must be at least 18 years old, and able to form a binding contract, to create an account, buy a plan, claim a business, request an API key, post content, or give us a phone number. The Services are intended for people and businesses in the United States.

If you use the Services for a company or other organization, you confirm that you are authorized to bind it to these Terms, and “you” includes that organization. You may not use the Services if we have previously suspended or banned you, or if the law prohibits you from receiving them.

4. Which Parts Apply to You

Every section applies to everyone. These sections matter most for each kind of visitor:

5. A Directory, Not a Charging Provider

ChargingNear.me is an information directory. We do not own, operate, maintain, repair, price, reserve or control any charging station listed on the Services, unless a page clearly says that a station is operated by Wins Parking, LLC. Charging networks, site hosts and property owners run the stations, set their own prices, rules, hours and access, and are solely responsible for them.

You pay for charging directly to the network or site operator, under its terms. We are not a party to that transaction and are not responsible for a charger’s safety, condition, speed, uptime, pricing, billing, parking rules, towing, idle fees or customer service, or for any damage to you, your vehicle or your property at a station. Links to a network’s app or website are for convenience only.

A listing, badge, rating, rank or “verified” label is not an endorsement or a guarantee by us of a station, network, business or property.

6. Station Data and Availability

Station information is provided for general information only and may be incomplete, inaccurate or out of date. Much of it comes from public and third-party sources, including the U.S. Department of Energy’s Alternative Fuels Data Center, charging networks, data providers, map services and other drivers. Stations open, close, break, change connectors, change prices and change access rules without telling us. See our Data Sources and Methodology pages for how we gather and score data.

Availability. Where a network or data provider reports whether a port is in use, we may show that reading with the time it was reported. A reading shown as live is never more than 15 minutes old when we show it; older readings are labeled with their age. A reading describes the past, not the future. A port shown as available may be taken, blocked, broken or restricted by the time you arrive, and many stations report no availability at all.

Prices, power levels, reliability scores, ratings, demand figures, travel times, ranges, routes and estimates are approximations. A reliability score or rating is our opinion based on the data available to us, not a statement of fact about any station or business.

Always confirm with the network or site operator, and plan enough range to reach another charger, before you rely on any information on the Services. You can report a mistake on our Corrections page. We decide whether and when to change a listing.

7. Driving Safety

Do not use the Services while driving. Set your route and check stations before you start, or have a passenger use the Services. Always obey traffic laws, road signs, posted station rules and your vehicle manufacturer’s instructions. Routes and directions may be wrong, unsafe or unavailable; use your own judgment. You are solely responsible for how you drive, where you charge, and the condition and range of your vehicle. Carry a backup plan and enough charge. We are not responsible for being stranded, towing, tickets, idle fees, or vehicle or battery damage.

8. Sponsored and Featured Placement

Businesses can pay us. Stations and businesses on a paid listing plan may receive priority placement, a “Featured” or similar badge, or other prominence in results, as described for that plan. Listed Pro placement is paid advertising, labeled ‘Sponsored’ or ‘Featured,’ and not guaranteed. Payment never buys a change to a station’s reliability score, community rating or reviews, and we do not accept payment to remove or alter honest reviews.

We decide the order, layout and presentation of results, and we may change how ranking works at any time. Results are not a complete list of every charger in an area.

9. Accounts and Passwordless Sign-In

We do not use passwords. You sign in with a one-time code or link that we send to your email address. Anyone who can read your email can sign in to your account, so keep your email account secure and do not forward sign-in messages. You are responsible for everything done through your account and for keeping your account details accurate.

Tell us right away at legal@chargingnear.me if you think someone has used your account without permission. We may refuse a sign-in, require a new code, or end a session at any time to protect you or the Services.

Deleting your account. You can delete your account from your account page. If your All-Access Pass or a paid API plan is still running, you must cancel it and let it end first, so that you are not charged for an account that no longer exists. Deletion is permanent and is described in our Privacy Policy. Reviews, photos and tips you posted stay on station pages without your name.

10. Business Claims and Listings

If you claim a station or business page, buy a Verified or Listed plan, or send us information about a site, you confirm that you own or are authorized to act for that station or business, and that everything you give us is true, current and lawful to publish. We may ask for proof at any time and may approve, refuse, pause or revoke a claim in our discretion, including when another person shows a better right to it.

You are solely responsible for your listing’s content, including names, logos, photos, hours, prices, amenities and links, and for honoring any offer you publish. You give us the license in Section 14 to everything you submit, and you confirm that you have the rights to it. We may edit, format, shorten or remove listing content to keep the directory accurate, consistent and lawful.

Claiming or paying for a listing does not give you control of the underlying public data, community reviews, ratings, photos posted by others, reliability scores or our editorial content about your station, and does not let you remove honest reviews. A paid plan does not make you our agent, partner or franchisee. We do not guarantee traffic, leads, rankings or revenue.

A Verified or Listed plan covers only stations you own or operate that we have approved, up to your plan’s station limit, if any. The limit counts stations across every site you own or operate. We review each station before its listing features go live, and we may ask for proof. We may refuse or remove any station, including one another business has already claimed.

11. Billing, Renewal, Cancellation and Refunds

Plans and prices

Current paid plans and their standard prices, before tax:

The price, billing period and renewal terms shown at checkout control for your purchase. We may change prices for future terms as described below.

Automatic renewal

Every paid plan is a subscription that renews automatically at the end of each billing period, for the same period, at the then-current price plus any applicable tax, until you cancel. By completing checkout you authorize us, and our payment processor Stripe, to charge your payment method at the start of each billing period without further approval from you. We do not offer free trials.

We will email you a reminder at least 30 days before each annual plan renews, and once a year for monthly plans, with the price and how to cancel. If we raise the price of your plan, we will email you at least 30 days before the new price first applies to you; the new price starts at your next renewal after that notice, and you can cancel before then. Where law requires (e.g., New York), cancelling within 14 days of the first higher charge earns a pro-rata refund.

How to cancel

You can cancel anytime, online, without calling us:

• All-Access Pass: from your account page or the All-Access page.
• API plans: from your developer dashboard, or through the billing link we email you from the Developers page.
• Verified and Listed plans: through the billing link we email you from the List Your Chargers page.
• Any plan: email legal@chargingnear.me from the address on the plan.

Cancellation stops future renewals. It takes effect at the end of the billing period you have already paid for, and you keep the plan’s features until then. We do not refund or credit the rest of a period when you cancel.

Refunds

Payments are non-refundable, including for partial periods, unused features, unused requests, or a period in which you did not use the Services, except: (a) where the law requires a refund; (b) the pro-rated refund in Section 12 if we permanently remove a core feature of your plan; or (c) where we decide, in our sole discretion, to refund a charge. A refund in one case does not entitle you to a refund in another. If we refund a charge in full, the plan it paid for is set to end at the close of that billing period and will not renew.

Changing plans

API plan switches, upgrades from Listed to Listed Pro, and stations added to a Verified plan are prorated; other plans are not. A prorated change takes effect right away: a move to a higher-priced plan is charged immediately for the rest of the current period, and a move to a lower-priced plan creates a credit applied to your future invoices, not a cash refund.

Taxes, payment methods and failed payments

Prices do not include taxes. We collect sales and similar taxes where required, calculated at checkout from your billing address. Payments are processed by Stripe under Stripe’s Services Agreement and Privacy Policy; we do not see or store your full card number. You confirm that you are authorized to use the payment method you provide and that your billing details are accurate.

If a payment fails, Stripe may retry it, and we may pause or end the plan’s paid features until it is paid. You remain responsible for amounts owed. API overage is measured by our records, which control unless they contain a clear error, and is billed after the month in which it occurs.

Promotion codes

Promotion codes have no cash value, apply only to the purchase and term they describe, cannot be combined unless we say so, and may be changed or ended at any time before you use them. We may cancel a purchase made with a code that was obtained or used improperly.

Billing problems and chargebacks

If you think a charge is wrong, contact us first at legal@chargingnear.me or (970) 279-1744 within 60 days of the charge so we can fix it. If you dispute a valid charge with your bank or card issuer, we may give the issuer your purchase records, sign-in and usage records, communications and these Terms, and we may suspend the related plan and your account while the dispute is open. Disputing a valid charge is a breach of these Terms, and we may recover the amount owed and refuse future service, as the law allows.

12. What Each Plan Includes

Each plan includes the features described for it on its plan page at the time you buy or renew. In summary:

• All-Access Pass: unlimited multi-stop trip plans; live availability, never more than 15 minutes old, where the network reports it; and unlimited station alerts, plus member price and availability alerts. Free accounts keep the free features and allowances shown on the All-Access page.
• API plans: API access at the plan’s request limits, and the data fields the API Terms describe for paid plans.
• Verified: a monthly plan priced per station that shows the ‘Verified owner’ badge, your photo and up to three amenities on each station we approve for you. A station you add is charged right away for the rest of the current month. A station you remove, or move to Listed or Listed Pro, comes off at your next renewal.
• Listed and Listed Pro: a monthly listing service for up to 5 stations (Listed) or up to 100 stations (Listed Pro). After checkout you pick your stations from our directory, or request ones that are missing, and we review and approve each station before its listing features go live. Features delivered by our team are delivered within a reasonable time after we have the information we need from you.

Features depend on data from others. Live availability, prices and similar data exist only where a network or provider reports them to us, and we do not promise that any station, network or area will have them. A provider limiting, delaying or ending its data is not a removal of a feature by us.

We may add, change or remove features at any time. If we permanently remove a core feature of a plan you have paid for in advance, and do not replace it with something substantially similar, you may ask for a pro-rated refund of the unused part of your current period by emailing legal@chargingnear.me within 30 days of the change. That refund is your only remedy for the change. The core features are: for the Pass, multi-stop trip planning and station alerts; for API plans, access to the API at your plan’s limits; for Listed plans, the listing itself; for Verified, the Verified owner badge.

13. API and Data Use

Use of our developer API, data feeds, downloads, the MCP server for AI agents and the embeddable map widget is governed by our API Terms, which are part of these Terms. In short: you get a limited license, not ownership; you must respect rate limits and attribution; you may not resell or rebuild our dataset; and we may change, limit or end the API at any time.

Outside the API, you may not copy, scrape, crawl or harvest the Services or their data by automated means, except for public search engines that follow our robots.txt file and AI agents that use our published API or MCP server within their limits.

14. Community Content, Reviews and Feedback

The Services let you post reviews, ratings, photos, tips, check-ins (“did it work?”), corrections, profile details and other content (“Your Content”). You keep ownership of Your Content. You give Wins Parking, LLC and its affiliates a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable license to use, host, store, copy, reproduce, modify, adapt, translate, publish, publicly display, distribute and create derivative works from and commercialize Your Content, in any media, to operate, improve, promote and provide the Services, including through our API and data products to paying customers, including in AI answers. You waive moral rights. We have no duty to monitor.

Your Content may be public. Reviews, photos and tips appear on station pages with the display name you choose, and API customers receive them with that name. If you turn on a public driver profile, it shows your display name, contributions and points. Do not post anything you want to keep private.

You confirm that Your Content is your own honest, first-hand experience; that you have the rights to post it; that it is accurate and lawful; that people shown in your photos have agreed; and that it follows our Acceptable Use Policy. You may not post a review about a station or business you own, work for, are paid by or compete with, and you may not post a review in exchange for anything of value. Businesses may never offer anything of value for a review.

We may review, moderate, refuse, edit for format, label, hide or remove any content, at any time, for any lawful reason, and we may keep removed content as our records require. We do not remove or suppress reviews because they are negative, and we do not ask for reviews based on whether they will be positive. We are not responsible for content posted by others, and it does not reflect our views.

Nothing in these Terms restricts your right to post an honest review of us, a station or a business, anywhere, or penalizes you for doing so.

Feedback. If you send us ideas, suggestions or feedback, we may use them for any purpose without paying or crediting you.

15. AI Concierge

Our concierge is an artificial-intelligence assistant, not a person. It answers questions using our data, other sources and AI models provided by third parties. AI answers can be wrong, incomplete or out of date, and can sound confident when they are wrong. They are general information only, not professional, legal, financial, tax, electrical, engineering, insurance or safety advice, and they do not bind us. Do not rely on an AI answer for an important decision without confirming it with the station operator or with us in writing.

Do not share sensitive personal information in a concierge conversation. Conversations are stored, may be reviewed by our team, and are handled as our Privacy Policy describes. Free use may be limited, and we may ask you to share an email address or sign in to keep chatting. If you ask the concierge to put you in touch with our team and give a phone number, Section 17 applies.

16. Estimates, Tools and Installations

Our calculators, cost and savings estimates, trip and range estimates, demand data, charger and revenue estimates and similar tools are estimates for information only. They rely on assumptions and data that may be wrong or change, such as prices, rates, incentives, vehicle efficiency, weather, traffic, site conditions, utility capacity and demand. They are not offers, quotes, guarantees or promises of any cost, saving, revenue or result. Case studies are past projects; results vary.

Charger design, installation and related work is provided only by our affiliates, including Wins Design & Build, under a separate written agreement signed by Wins Parking, LLC or that affiliate and the customer. That agreement controls over these Terms for that work. No agreement for that work exists until both parties sign it.

17. Property-Owner Inquiries, Calls and Texts

When you send us an inquiry, for example through a “For Property Owners” or “For Business” form or through the concierge, we pass it to the Wins Parking, LLC team, which may follow up by email, phone or text and may send a short series of follow-up emails. Each follow-up email has an unsubscribe link. We may look up public parcel records for the address you give.

By giving us your phone number, you agree that Wins Parking, LLC may call and text you at that number about your request, including with automated and AI-assisted calls and texts. Consent is not a condition of any purchase. Message frequency varies. Message and data rates may apply. Reply STOP to any text to opt out, reply HELP for help, or contact us at (970) 279-1744 or legal@chargingnear.me. Calls may be recorded and transcribed, and may be answered or placed by an AI assistant; you can ask for a person at any time. You confirm that you are the subscriber or customary user of the number you give us.

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

18. Acceptable Use

You must follow our Acceptable Use Policy, which is part of these Terms. Among other things, you may not misuse the Services, post false or unlawful content, manipulate reviews or rankings, scrape or resell our data, interfere with the Services’ security or operation, or misuse the concierge. We may investigate suspected misuse and report it to the authorities.

19. Intellectual Property

The Services and everything in them, including software, design, text, graphics, maps, photos, videos, reliability scores, rankings, ratings, demand data, compiled datasets, and the selection, arrangement and enrichment of station data, are owned by Wins Parking, LLC or its licensors and are protected by copyright, database, trademark, trade secret and other laws. Facts that come from public government records remain public; our compilation, enrichment and presentation of them are ours. Third-party data keeps its source license.

ChargingNear.me, Wins Parking, Wins Design & Build, Park Graph, Charge Score, All-Access Pass and our logos are trademarks of Wins Parking, LLC. You may not use them without our written permission, except to refer to us accurately.

We give you a limited, personal, non-exclusive, non-transferable, revocable license to use the Services for their intended purpose under these Terms. All other rights are reserved. Copyright complaints are handled under our copyright policy.

20. Disclaimers

THE SERVICES, INCLUDING ALL STATION DATA, AVAILABILITY READINGS, PRICES, SCORES, ROUTES, ESTIMATES, COMMUNITY CONTENT, API DATA AND AI ANSWERS, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. TO THE FULLEST EXTENT ALLOWED BY LAW, WINS PARKING, LLC AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, TIMELINESS, AVAILABILITY AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT ANY STATION EXISTS, IS OPEN, IS WORKING, IS AVAILABLE, IS SAFE, CHARGES AT ANY SPEED OR PRICE, OR ACCEPTS YOUR VEHICLE OR PAYMENT; THAT ANY ROUTE IS SAFE OR PASSABLE; OR THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR FREE OF HARMFUL COMPONENTS. Some states do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.

21. Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY LAW, WINS PARKING, LLC, ITS AFFILIATES, AND THEIR OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS AND DATA PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, USE OR GOODWILL, OR FOR TOWING, IDLE OR PARKING FEES, A DEPLETED OR STRANDED VEHICLE, MISSED APPOINTMENTS, TRAVEL COSTS, OR THE COST OF SUBSTITUTE CHARGING, TRANSPORTATION OR SERVICES, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, UNDER ANY THEORY, EVEN IF ADVISED OF THEIR POSSIBILITY.

THE TOTAL LIABILITY OF WINS PARKING, LLC AND ITS AFFILIATES, TOGETHER, TO EACH CLAIMANT FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, UNDER ANY THEORY, IS LIMITED TO THE GREATER OF $100 OR THE AMOUNT YOU PAID US FOR THE SERVICES IN THE 3 MONTHS BEFORE THE EVENT GIVING RISE TO THE FIRST CLAIM.

These limits are an essential part of our agreement, reflect a fair allocation of risk for services offered largely free or at low cost, and apply even if a limited remedy fails of its essential purpose. Some laws do not allow certain limits, so some of them may not apply to you; in that case our liability is limited to the fullest extent the law allows. Nothing in these Terms limits liability that the law does not allow to be limited, such as for fraud, gross negligence or willful misconduct where the law so provides.

22. Indemnity and Release

You agree to defend, indemnify and hold harmless Wins Parking, LLC, its affiliates, and their owners, members, managers, officers, employees, agents and contractors from and against all claims, demands, losses, damages, liabilities, fines, penalties, costs and expenses, including reasonable attorneys’ fees, arising out of or related to: your use of the Services or any charging station; Your Content or listing; your breach of these Terms; your violation of any law or anyone else’s rights; your use of API data in your own products; or any information you give us, including a phone number you are not authorized to give. We may control the defense of any claim at your expense, and you will cooperate with us.

Release. To the fullest extent allowed by law, you release Wins Parking, LLC, its affiliates, and their owners, members, managers, officers, employees, agents and contractors from all claims, damages and losses arising out of disputes with charging networks, station operators, site hosts, property owners, businesses, other drivers or other users, and arising out of any charging station or charging session. If you are a California resident, you waive California Civil Code section 1542, which says: “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.”

23. Dispute Resolution and Arbitration

Please read this section carefully. It affects your legal rights, including your right to go to court.

Informal resolution first

Before starting arbitration or a court case, you or we must send the other a written notice describing the dispute, the relief sought and, for you, the name and email on your account. Send notices to us by email to legal@chargingnear.me and by mail to Wins Parking, LLC, 56 Edwards Village Blvd, Unit 124, Edwards, CO 81632. We will try in good faith to resolve the dispute within 60 days, including by a call if either side asks. This step is required, and any time limit is paused while it runs.

Binding individual arbitration

Except as stated below, any dispute, claim or controversy arising out of or relating to the Services, these Terms or payment for the Services, including whether this section applies or is enforceable, will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, or its Commercial Arbitration Rules if you use the Services for a business. A single arbitrator will decide the dispute and may award any individual relief a court could award, but only to the individual party seeking it. The arbitration will be held by video or written submissions where the rules allow, or otherwise in Eagle County, Colorado, or the county where you live if you are a consumer. We pay the fees the AAA rules assign to us within 30 days of invoice. The Federal Arbitration Act governs this section. Judgment on the award may be entered in any court with jurisdiction.

Class action and jury trial waiver

You and we may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, private attorney general or representative proceeding. You and we waive any right to a jury trial. The arbitrator may not combine more than one person’s claims. If this class waiver is found unenforceable for a claim, that claim must be decided in court, not in arbitration, after all individual arbitrations are complete.

Mass arbitration

If 25 or more demands for arbitration raising similar claims are filed by or with the help of the same or coordinated counsel or organizations, they will be administered under the AAA Mass Arbitration Supplementary Rules and handled in stages. Counsel for the claimants and we will each select 10 demands to proceed first as non-binding bellwether arbitrations, and the rest will be held, with no filing or administrative fees due for them, until the bellwethers are decided. The parties will then mediate the remaining demands in good faith for at least 60 days. If they are not resolved, the remaining demands will proceed concurrently in batches of up to 100, with one arbitrator per batch where the AAA rules allow. Any time limit for a held demand is paused until it proceeds. A court may enforce this paragraph, including by stopping the filing or processing of fees for held demands.

California addendum

California consumers arbitrate California claims in California under California law; only ChargingNear.me disputes are covered; non-waivable rights are preserved.

Exceptions

Either party may bring an individual claim in small claims court, as long as it stays there. Either party may ask a court for an injunction to stop actual or threatened infringement or misuse of intellectual property, data or the Services, including scraping or API abuse.

Public injunctive relief

If you seek public injunctive relief, meaning relief whose main purpose is to stop unlawful acts that threaten the general public, and the law does not allow that claim to be arbitrated, that request will be decided by a court in the venue in Section 24, after all arbitrable claims are decided, and will be paused until then.

30-day right to opt out

You may opt out of this arbitration agreement by emailing legal@chargingnear.me with the subject “Arbitration Opt-Out” within 30 days after you first accept these Terms. Include your name, the email on your account if you have one, your mailing address and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms, including the jury waiver to the extent the law allows.

Changes to this section

If we change this section, the change will not apply to a dispute that either party has already given notice of.

Notice to California residents

Under California Civil Code section 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

24. Governing Law, Venue and Time Limit

These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs Section 23 and the California addendum in Section 23 applies to California consumers. For any claim that is not arbitrated, you and we agree to the exclusive jurisdiction and venue of the state courts located in Eagle County, Colorado, or the United States District Court for the District of Colorado, and waive any objection to them.

To the fullest extent allowed by law, any claim relating to the Services or these Terms must be started within 1 year after it arises. Otherwise it is permanently barred. Sending the notice in Section 23 starts a claim for this purpose.

25. General Terms

• Changes to these Terms: we may change these Terms by posting a new version here and updating the date at the top. Changes apply from that date to new use of the Services and to renewals after the change, but not to a dispute already noticed. If a change is material, we will give notice, such as by email to account holders or a notice on the Services. Continuing to use the Services, or letting a plan renew, after a change takes effect means you accept it.
• Suspension and termination: we may suspend or end your access, your account, a claim, an API key or a plan at any time if you break these Terms, misuse the Services, dispute a valid charge, put others at risk, or if we must for legal, security or business reasons. If we end a paid plan for no fault of yours, we will refund the unused part of your current period. You may stop using the Services at any time.
• Changes to the Services: we may change, pause or discontinue any part of the Services at any time, subject to Section 12 for paid plans.
• Electronic communications: you agree to receive agreements, notices, receipts and other communications from us electronically, including by email and on the Services, and that they satisfy any requirement that they be in writing. Your electronic acceptance, including clicking a checkout or sign-in button, is your signature.
• Force majeure: we are not responsible for any delay or failure caused by events beyond our reasonable control, including failures of data providers, charging networks, hosting, payment processors, email or telecommunications carriers, power or the internet, natural disasters, acts of government, labor disputes, epidemics, civil unrest, terrorism or war.
• Third-party services: the Services use and link to services we do not control, such as Stripe, map and tile providers, charging networks and AI model providers. Their own terms govern your use of them, and we are not responsible for them.
• Export and sanctions: you may not use the Services in violation of U.S. export or sanctions laws, or if you are on a U.S. government restricted-party list.
• Assignment: you may not assign these Terms or any plan without our written consent. We may assign these Terms, including to an affiliate or in a merger, sale or reorganization, without your consent.
• Severability and waiver: if any part of these Terms is unenforceable, it will be enforced to the fullest extent allowed or modified as little as needed, and the rest stays in effect. Our failure or delay in enforcing any part is not a waiver.
• Entire agreement: these Terms, the policies they include, and any order form or checkout terms you accept are the entire agreement between you and us about the Services. A separate signed agreement controls for the work or data it covers.
• Survival: sections that by their nature should survive, including those on payment, licenses to Your Content, intellectual property, disclaimers, limitation of liability, indemnity and release, dispute resolution, governing law and the time limit, survive the end of these Terms.
• Relationship and interpretation: nothing in these Terms creates a partnership, joint venture, employment, agency or fiduciary relationship. Headings and the short summaries are for convenience only. “Including” means “including without limitation.”
• Notices: we may give you notice by email to the address on your account or plan, or by posting on the Services. You must send legal notices to us by email to legal@chargingnear.me and by mail to Wins Parking, LLC, 56 Edwards Village Blvd, Unit 124, Edwards, CO 81632.

Contact us: