Terms of Service

1. ACCEPTANCE OF TERMS

By creating an account, accessing, or using the TowMate platform ("Service"), you ("Customer," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. SERVICE DESCRIPTION

TowMate provides a cloud-based towing management platform that includes, but is not limited to:

• Vehicle intake and inventory management
• Driver dispatch and mobile applications
• Customer lookup portals
• Payment processing integration
• Identity verification services
• Analytics and reporting tools

The Service is provided "as-is" and may be modified, updated, or discontinued at any time without prior notice.

3. ELIGIBILITY & ACCOUNT REGISTRATION

3.1 Eligibility

You must be at least 18 years old and legally authorized to operate a towing or vehicle recovery business in your jurisdiction. By registering, you represent and warrant that:

• All registration information is truthful, accurate, and complete
• You will maintain the accuracy of such information
• Your use of the Service does not violate any applicable law or regulation

3.2 Account Security

You are solely responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying TowMate of any unauthorized access or security breach

TowMate shall not be liable for any loss or damage arising from your failure to secure your account.

4. FREE TRIAL

4.1 Trial Period

TowMate may offer a free trial period ("Trial"). During the Trial, you will have access to the Service with no obligation to purchase.

4.2 Trial Limitations

• Trial accounts are limited to one per company/entity
• TowMate reserves the right to terminate any Trial at any time for any reason
• Data entered during the Trial will be permanently deleted without notice upon Trial expiration if a paid subscription is not activated
• Trial abuse, including creating multiple accounts to extend Trial access, is strictly prohibited and may result in permanent ban

4.3 Conversion to Paid Subscription

At the end of the Trial, your access to the Service will be suspended unless you subscribe to a paid plan. No charges will be made without your explicit consent.

5. SUBSCRIPTION, BILLING & FEES

5.1 Subscription Plans

Paid subscriptions are billed on a monthly or annual basis as selected at checkout. Fees are non-refundable except as expressly stated herein or required by law.

5.2 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless canceled prior to renewal. You authorize TowMate to charge your payment method on file for recurring fees.

5.3 Price Changes

TowMate may modify pricing with 30 days' notice. Continued use after a price change constitutes acceptance of the new pricing.

5.4 Taxes

Fees are exclusive of all taxes, levies, or duties. You are responsible for paying all such taxes associated with your use of the Service.

6. USER RESPONSIBILITIES & ACCEPTABLE USE

6.1 Lawful Use

You agree to use the Service only for lawful purposes and in compliance with all applicable federal, state, and local laws, including but not limited to:

• Towing and vehicle impound regulations
• Consumer protection laws
• Privacy and data protection laws
• Fair Debt Collection Practices Act (if applicable)

6.2 Prohibited Conduct

You shall NOT:

• Use the Service for any illegal, fraudulent, or unauthorized purpose
• Upload, transmit, or store any data that infringes on intellectual property rights
• Attempt to gain unauthorized access to the Service, other accounts, or computer systems
• Interfere with or disrupt the integrity or performance of the Service
• Reverse engineer, decompile, or disassemble any portion of the Service
• Use the Service to harass, threaten, or intimidate any person
• Resell, sublicense, or redistribute the Service without written consent
• Use automated systems (bots, scrapers) to access the Service without permission
• Falsify or misrepresent vehicle, customer, or transaction information

6.3 Data Accuracy

You are solely responsible for the accuracy of all data entered into the Service, including but not limited to vehicle information, customer details, and financial records. TowMate is not liable for any consequences arising from inaccurate data.

6.4 Automation Disclaimer

6.5 No Legal or Regulatory Advice

7. DATA, PRIVACY & SECURITY

7.1 Data Ownership

You retain ownership of all data you input into the Service ("Customer Data"). By using the Service, you grant TowMate a limited, non-exclusive license to process, store, and transmit Customer Data solely to provide the Service.

7.2 Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

7.3 Data Security

TowMate employs industry-standard security measures to protect Customer Data. However, no method of transmission over the internet is 100% secure. You acknowledge that you provide data at your own risk.

7.4 Data Retention

Upon termination of your account, TowMate may retain Customer Data for a period of up to 90 days, after which it will be permanently deleted without notice. Backup copies may persist in our systems for a reasonable period.

7.5 Third-Party Services

The Service integrates with third-party services (e.g., Stripe for payments, identity verification providers). Your use of these integrations is subject to the respective third-party terms and privacy policies.

8. IDENTITY VERIFICATION & PAYMENT PROCESSING

8.1 Third-Party Processing

Identity verification and payment processing are provided by third-party services (including Stripe, Inc.). TowMate does not store full credit card numbers or sensitive identity documents on its servers.

8.2 Customer Consent

You are responsible for obtaining proper consent from your customers before collecting their personal information, identity documents, or payment details through the Service.

8.3 Compliance

You agree to comply with all applicable Payment Card Industry Data Security Standards (PCI-DSS) and identity verification regulations when using these features.

9. INTELLECTUAL PROPERTY

9.1 TowMate Ownership

The Service, including all software, designs, logos, trademarks, and content, is the exclusive property of TowMate, Inc. and is protected by copyright, trademark, and other intellectual property laws.

9.2 Limited License

Subject to these Terms, TowMate grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

9.3 Restrictions

You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse engineer or attempt to extract the source code.

10. NO LEGAL ADVICE / NO COMPLIANCE GUARANTEE

The Service is designed to assist with operational management of towing businesses. Nothing in the Service, including any templates, forms, notifications, calculations, or automated features, constitutes legal advice or guarantees compliance with any law or regulation.

You acknowledge and agree that:

• TowMate does not guarantee that use of the Service will result in compliance with federal, state, or local laws
• Towing, impound, lien, and vehicle storage laws vary by jurisdiction and change frequently
• You are solely responsible for ensuring your business practices comply with all applicable laws
• TowMate is not liable for any fines, penalties, lawsuits, or other consequences arising from your failure to comply with applicable laws
• You should consult with a licensed attorney in your jurisdiction for legal advice

11. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR RELIABILITY OF DATA
• UNINTERRUPTED OR ERROR-FREE OPERATION

TOWMATE DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY ERRORS WILL BE CORRECTED.

12. LIMITATION OF LIABILITY

12.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOWMATE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• DAMAGES ARISING FROM SERVICE INTERRUPTIONS OR DATA LOSS
• FINES, PENALTIES, OR LEGAL FEES ARISING FROM REGULATORY NON-COMPLIANCE
• DAMAGES ARISING FROM RELIANCE ON AUTOMATED CALCULATIONS OR OUTPUTS

12.2 Cap on Liability

IN NO EVENT SHALL TOWMATE'S TOTAL LIABILITY EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO TOWMATE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

12.3 Basis of the Bargain

YOU ACKNOWLEDGE THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT AND THAT TOWMATE WOULD NOT PROVIDE THE SERVICE WITHOUT THESE LIMITATIONS.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless TowMate, Inc. and its officers, directors, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your infringement of any third-party rights
• Any dispute between you and your customers
• Any data you submit, post, or transmit through the Service
• Any regulatory enforcement action or lawsuit arising from your business practices

14. TERMINATION

14.1 Termination by You

You may cancel your account at any time through the account settings or by contacting support. Cancellation will take effect at the end of the current billing period.

14.2 Termination by TowMate

TowMate may suspend or terminate your access to the Service immediately, without prior notice, for any reason, including but not limited to:

• Violation of these Terms
• Non-payment of fees
• Fraudulent or illegal activity
• Extended periods of inactivity

14.3 Effect of Termination

Upon termination:

• Your right to access the Service ceases immediately
• You remain liable for any outstanding fees
• Sections 6, 7, 9, 10, 11, 12, 13, and 15 shall survive termination

15. DISPUTE RESOLUTION

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

15.2 Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

15.3 Waiver of Class Action

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS.

15.4 Exceptions

Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction for violations of intellectual property rights or confidentiality obligations.

16. GENERAL PROVISIONS

16.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and TowMate regarding the Service.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

16.3 Waiver

The failure of TowMate to enforce any right or provision shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms without TowMate's prior written consent. TowMate may assign its rights and obligations without restriction.

16.5 Notices

All notices and communications should be sent to: admin@towmate.ai

Notices to you will be sent to the email address associated with your account.

16.6 Force Majeure

TowMate shall not be liable for any failure or delay due to circumstances beyond its reasonable control, including natural disasters, war, terrorism, strikes, or internet outages.

16.7 Modifications

TowMate reserves the right to modify these Terms at any time. Material changes will be communicated via email or in-app notification. Continued use after such notification constitutes acceptance.

17. CONTACT INFORMATION

TowMate, Inc.
All inquiries: admin@towmate.ai