Terms of Service

01Acceptance of these Terms

By accessing or using the Service, creating a listing, or contacting a seller through the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

If you use the Service on behalf of another person or entity, you represent that you are authorized to accept these Terms on their behalf, and "you" refers to both of you.

02Eligibility

You must be at least 18 years old and able to form a legally binding contract to use the Service. The Service is intended for use in the United States only. You may not use the Service if you have previously been suspended or removed from it, or if you are barred from using it under applicable law.

03Our role: a venue, not a party

EV Cars provides an online venue where owners of electric vehicles can publish listings and where prospective buyers can find those listings and contact sellers directly. Any agreement to buy or sell a vehicle is made solely between the buyer and the seller.

EV Cars is not, and does not act as:

• a motor vehicle dealer, broker, auctioneer, consignor, or sales agent for any buyer or seller;
• the owner, titleholder, or possessor of any vehicle listed on the Service;
• an inspector, appraiser, or verifier of any vehicle, title, lien, odometer reading, battery health, accident history, or seller identity;
• a payment processor, escrow agent, lender, insurer, warrantor, or shipping or transport provider; or
• a party to, guarantor of, or participant in any negotiation, contract, payment, title transfer, or delivery between users.

We do not pre-screen users or listings, and we do not control the quality, safety, legality, or condition of vehicles, the truth or accuracy of listings, the ability of sellers to sell, or the ability of buyers to pay. We do not receive a commission on vehicle sales.

04Early release

The Service is currently offered as an early-release program. Features may be incomplete, may change or be discontinued at any time, and may contain errors. Listing volume may be limited. We may invite, limit, or end participation in the early-release program at our discretion, with or without notice.

05Creating and managing listings

When you create a listing, we provide a private management link that allows you to view and manage it. Anyone who has this link may be able to access or change your listing, so keep it confidential. You are responsible for all activity that occurs through your management link. Contact us right away if you believe it has been compromised.

You must remove or mark your listing as unavailable promptly after your vehicle is sold, under contract, or otherwise no longer available. We may remove listings that appear stale, duplicated, incomplete, or inaccurate.

06Seller representations and obligations

Each time you publish or update a listing, you represent, warrant, and agree that:

• you are the legal owner of the vehicle, or you are expressly authorized in writing by the legal owner to sell it, and you have the right to transfer title;
• you are a private party selling your own vehicle and are not acting as an unlicensed dealer. You will comply with all state limits on the number of vehicles a private party may sell without a dealer license ("curbstoning" is prohibited);
• the vehicle is not stolen, and is not subject to any undisclosed lien, loan, lease, security interest, or legal hold;
• you have disclosed any title brand, including salvage, rebuilt, reconstructed, flood, fire, hail, junk, lemon law buyback, manufacturer buyback, or odometer discrepancy;
• the mileage you state is accurate, and you will provide a written odometer disclosure where required by the federal Truth in Mileage Act (49 U.S.C. § 32705) and state law;
• your descriptions of condition, accident history, modifications, battery health, charging equipment, number of keys, and features are complete, truthful, and not misleading, including any description written with the help of AI tools;
• you have disclosed any known open safety recalls or will check for them at nhtsa.gov/recalls before selling;
• you own or have permission to use every photo you upload, the photos accurately show the actual vehicle being sold, and they do not contain other people’s personal information without their permission;
• the asking price is a genuine price at which you are willing to sell, and you will not use bait-and-switch tactics; and
• you will comply with all applicable laws regarding the sale, including title transfer, registration, emissions or inspection certificates, bill of sale, and any sales or use tax obligations.

You are solely responsible for your listings and for every statement you make to buyers. We may, but are not required to, verify any information you provide.

07Buyer responsibilities

Buyers are responsible for performing their own due diligence before agreeing to buy any vehicle. We strongly recommend that you:

• inspect the vehicle in person and obtain an independent pre-purchase inspection, including a battery health report, from a qualified technician;
• match the VIN on the vehicle, the title, and the registration, and obtain an independent vehicle history report;
• confirm the seller’s identity and that the name on the title matches the seller, and confirm that any lien has been released or will be paid off at sale;
• check for open recalls at nhtsa.gov/recalls and confirm any remaining manufacturer warranty directly with the manufacturer; and
• complete the title transfer and payment in a manner that protects you, such as at a bank, credit union, or your state’s motor vehicle office.

Vehicles listed by private sellers are generally sold "as is," without any warranty from the seller, unless the seller agrees otherwise in writing. Nothing on the Service is a warranty from us.

08Vehicle data, estimates, and AI-generated content

The Service may automatically look up vehicle details from a VIN or license plate using third-party data providers, and may display estimated values such as original MSRP, EPA or manufacturer range, suggested pricing, and specifications. The Service may also use artificial intelligence to draft listing descriptions.

This information is provided for convenience only. It comes from third parties or automated systems, may be incomplete, outdated, or inaccurate, and does not reflect the actual condition, value, history, or equipment of any specific vehicle. Pricing suggestions are not appraisals.

Sellers must review, edit, and approve any decoded data or AI-generated description before publishing. Once you publish it, it is your content and your statement, and you are responsible for its accuracy.

09Contacting sellers and messaging

When you choose to publish a listing, your first name, general location (such as ZIP code), and the phone number you provide are made available to visitors so buyers can contact you. When a buyer taps "Text the seller," the message is composed and sent from the buyer’s own device and carrier. EV Cars does not send, receive, route, store, monitor, or guarantee delivery of these messages.

You may contact a seller only to inquire about the listed vehicle. You may not collect, copy, scrape, or reuse any seller’s contact information for marketing, solicitation, spam, robocalls, autodialed messages, harassment, or any purpose other than a good-faith inquiry about the specific vehicle. Unsolicited commercial messages may violate the Telephone Consumer Protection Act and state law, and you are solely responsible for any messages you send.

If you separately opt in to receive text messages from EV Cars, those messages are governed by the SMS Program Terms below.

10SMS Program Terms

By opting in, you agree to receive recurring conversational, account, marketing, and promotional text messages from EV Cars at the mobile number you provide, which may be sent using automated technology. Consent is not a condition of listing a vehicle or of any purchase.

• Message frequency varies.
• Message and data rates may apply according to your mobile plan.
• Reply STOP at any time to opt out. You will receive one confirmation message and no further messages unless you opt in again.
• Reply HELP for help, or contact us at +1 (385) 438-6678 or legal@evcars.com.
• Mobile carriers are not liable for delayed or undelivered messages.
• You must be the account holder of the mobile number or have the account holder’s permission. Notify us if you change or give up your number.

We do not sell or share your SMS opt-in data or consent with third parties for their own marketing purposes. See our Privacy Policy for details.

11Prohibited conduct

You agree not to:

• post false, misleading, fraudulent, or duplicate listings, or list a vehicle you do not own or are not authorized to sell;
• list anything other than a fully electric passenger vehicle you intend to sell, or advertise financing, leases, services, or other goods;
• request or accept payment through gift cards, cryptocurrency, wire transfers to unknown parties, fake escrow services, or overpayment schemes, or otherwise attempt to defraud anyone;
• impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• scrape, crawl, harvest, or index listings or contact information by automated means, except search engines that follow our robots.txt;
• harass, threaten, discriminate against, or abuse any user;
• upload content that is unlawful, infringing, defamatory, obscene, or that contains another person’s private information without consent;
• interfere with, disrupt, probe, or overload the Service, circumvent any security or access control, or upload malware; or
• copy, modify, reverse engineer, or create derivative works of the Service, except as permitted by law.

12Safety and fraud warnings

Private vehicle sales carry real risks. Common scams include fake escrow or shipping services, buyers who send a check for more than the price and ask for a refund of the difference, sellers who are "out of the country" and ask for a deposit before you see the car, requests for verification codes, and pressure to pay by wire, gift card, or cryptocurrency.

• Meet in a public, well-lit place, ideally a police station "safe exchange" zone, and bring someone with you.
• Never pay or accept payment before seeing the vehicle and title in person.
• Never share one-time verification codes sent to your phone.
• Be cautious of prices that seem far below market.

If you believe a listing is fraudulent, contact us at legal@evcars.com. If you are a victim of a crime, contact local law enforcement and report it to the FBI’s Internet Crime Complaint Center at ic3.gov and the FTC at reportfraud.ftc.gov.

13Your content and license to us

You keep ownership of the photos, text, and other content you submit ("User Content"). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, reproduce, resize, crop, format, display, distribute, and publicly perform it in connection with operating, improving, and promoting the Service, including in search results, social media, and marketing. This license ends when your User Content is removed from the Service, except for copies in routine backups, cached search results, or content shared by others before removal.

If you send us feedback or suggestions, we may use them without any obligation to you.

14Moderation and removal

We may, but have no obligation to, monitor, review, edit, refuse, or remove any listing or User Content, and suspend or restrict any user, at any time and for any reason, including suspected fraud or violations of these Terms. Our decision not to remove content is not an endorsement of it. As a provider of an interactive computer service, we are not the publisher or speaker of information provided by users.

15Fees

Listing a vehicle is free during the early-release program. We may introduce fees or paid features in the future. If we do, we will tell you before you are charged, and you will not be charged without agreeing.

16Our intellectual property

The Service, including its design, software, logos, and the EV Cars name, is owned by us or our licensors and protected by intellectual property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for its intended personal purpose. Vehicle manufacturer names and model names are trademarks of their respective owners and are used only to identify vehicles. Their use does not imply endorsement.

17Copyright complaints (DMCA)

If you believe content on the Service infringes your copyright, send a notice to our designated agent at copyright@evcars.com that includes: your physical or electronic signature; identification of the copyrighted work; identification of the infringing material and its location on the Service; your contact information; a statement that you have a good-faith belief the use is not authorized by the owner, its agent, or the law; and a statement, under penalty of perjury, that the information is accurate and you are authorized to act for the owner. We may remove content and terminate repeat infringers.

18Third-party services and links

The Service relies on and may link to third-party services, including vehicle data providers, mapping, messaging apps on your device, and government websites. We do not control and are not responsible for third-party services, their content, or their privacy practices. Your use of them is governed by their own terms.

19Disclaimer of warranties

20Limitation of liability

Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you. In that case, our liability is limited to the fullest extent permitted by law.

21Release

Because we are not a party to transactions between users, if you have a dispute with another user, you release EV Cars and its owners, officers, employees, and service providers from all claims, demands, and damages of every kind, known and unknown, arising out of or connected with that dispute.

If you are a California resident, you waive California Civil Code § 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." You also waive any similar law in any other jurisdiction.

22Indemnification

You agree to defend, indemnify, and hold harmless EV Cars and its owners, officers, employees, contractors, and service providers from any claims, liabilities, damages, losses, fines, and expenses, including reasonable attorneys’ fees, arising out of or related to: your use of the Service; your listings and User Content; any vehicle you buy or sell; any communication or transaction with another user; your violation of these Terms; or your violation of any law or third-party right.

23Dispute resolution and arbitration

Informal resolution. Before filing any claim, you agree to email legal@evcars.com with a description of the dispute and try to resolve it informally for at least 60 days.

Binding arbitration. Except for claims that qualify for small claims court and claims seeking an injunction for intellectual property misuse, any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The Federal Arbitration Act governs this provision. The arbitrator decides all issues, including the scope and enforceability of this agreement, except as stated below.

Opt out. You may opt out of this arbitration agreement by emailing legal@evcars.com within 30 days after you first accept these Terms, with your name, phone number, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.

If this arbitration agreement is found unenforceable, disputes will be resolved exclusively in the courts described in the Governing Law section.

24Governing law and venue

These Terms are governed by the laws of the State of Utah, without regard to conflict-of-laws rules, and by applicable federal law. Subject to the arbitration agreement, you and we consent to the exclusive jurisdiction of the state and federal courts located in Salt Lake County, Utah.

25Termination

You may stop using the Service at any time and may ask us to remove your listings. We may suspend or terminate your access and remove your content at any time, with or without notice. Sections that by their nature should survive termination will survive, including those on our role, disclaimers, limitation of liability, release, indemnification, and dispute resolution.

26Changes to these Terms

We may update these Terms from time to time. We will post the updated Terms with a new effective date and, for material changes, provide reasonable notice through the Service or by text message if you have opted in. Your continued use of the Service after changes take effect means you accept them. Changes will not apply retroactively to disputes we already know about.

27General terms

These Terms and our Privacy Policy are the entire agreement between you and us about the Service. If any provision is found unenforceable, the remaining provisions stay in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control. You agree that we may provide notices and agreements electronically, and that electronic agreements satisfy any legal writing requirement.

28Contact us

Questions about these Terms? Email legal@evcars.com or text +1 (385) 438-6678.