1. Introduction

By accessing or using the TowDash LLC platform (towdash.com), you agree to comply with and be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use the Service. These Terms apply to all users of the Service, including drivers and customers.

2. Definitions

• "User": Any individual or entity who accesses or uses the Service, including drivers, customers, company team members, and administrators.
• "Driver": An independent towing or roadside assistance service provider who is registered on the TowDash platform and receives, accepts, and fulfills service requests through the marketplace or manages their own jobs through the Pro Suite.
• "Customer": A person or entity who requests a tow truck or roadside assistance service through the TowDash platform, either via the marketplace or directly through a Pro Driver's customer-facing tools.
• "Service": The TowDash software platform, website (towdash.com), associated applications, APIs, and all related tools and features provided by TowDash, LLC to connect customers with tow truck drivers and to provide business management tools to towing operators.
• "Subscription Plan": A paid or free membership tier available to drivers on the TowDash platform that determines access to platform features, marketplace job eligibility, payout structures, business management tools, and incentive programs.
• "Core Driver": A driver enrolled in TowDash's free marketplace tier who receives and fulfills service requests dispatched through the TowDash marketplace. Core Drivers have access to marketplace jobs within a defined radius, minimum payout guarantees, and incentive-based bonuses. Core Drivers do not have access to Pro Suite business management features.
• "Pro Driver": A driver or towing company enrolled in TowDash's paid monthly subscription tier ("Pro Suite"). The Pro Suite is a comprehensive towing business management platform that includes, but is not limited to, job management and digital invoicing, customer relationship management (CRM), impound and vehicle storage management, team management with role-based access controls, fleet and truck tracking, business analytics and reporting, and marketplace job access. The Pro Suite subscription is billed on a per-company basis with additional per-seat charges for team members.
• "Pro Suite": The collection of business management tools, features, and services available exclusively to Pro Driver subscribers, including but not limited to job management, invoicing, customer management, impound tracking, fleet management, team collaboration, commission tracking, and business analytics dashboards.
• "Company": A towing business entity created within the TowDash platform by a Pro Driver subscriber. A Company has an owner (the account holder who created it and manages the subscription) and may include additional team members (managers and drivers) who operate under the Company's Pro Suite subscription.
• "Team Member": A driver or employee who has been invited to and accepted membership in a Company on the TowDash platform. Team Members operate under the Company owner's Pro Suite subscription and have access to Pro Suite features based on their assigned role (owner, manager, or driver).
• "Marketplace": The TowDash job dispatch system through which customer service requests are matched with available drivers based on proximity, availability, vehicle capabilities, and other factors. Both Core Drivers and Pro Drivers may receive marketplace jobs.
• "Brokering": The act of accepting, claiming, or being assigned a service request through the TowDash marketplace and then transferring, subcontracting, delegating, or outsourcing the fulfillment of that job to a third party who is not registered on the TowDash platform or who did not independently accept the job through the platform. See Section 8 for the full Brokering Policy.
• "Additional Services": Services facilitated through the TowDash platform beyond standard vehicle towing, including but not limited to lockout services, jump starts, tire changes, fuel delivery, winch-outs, repossession and recovery services, and long-distance or auto-transport services.
• "API": Application programming interface(s) provided by TowDash that allow authorized Users to programmatically access certain platform features and data. See Section 13 for full API terms.

3. Account Creation & User Responsibilities

• To use the Service, users must create an account by providing accurate and complete information.
• You must be at least 18 years old and capable of entering into a legally binding contract to use this platform.
• Drivers must maintain valid licenses, insurance, and meet all local regulatory requirements for towing services.

4. Services Provided

TowDash operates a technology platform that connects customers with independent towing and roadside assistance providers. Services facilitated through the platform may include, but are not limited to:

• Vehicle towing
• Lockout assistance
• Jump start services
• Flat tire assistance
• Emergency fuel delivery
• Vehicle repossession and recovery services
• Long-distance or auto transport services

TowDash does not provide towing, roadside assistance, repossession, or transport services directly and does not employ drivers. All services are performed by independent third-party drivers or service providers who utilize the platform.

Availability of services may vary by location, time, vehicle type, and driver qualifications.

5. User Conduct

• You agree to use the Service only for lawful purposes.
• You will not engage in any conduct that is harmful, abusive, fraudulent, or otherwise violates the rights of others.
• You agree to refrain from any behavior that may damage the reputation of the Service or its users.

6. Payment Terms

• Customers are required to pay the agreed-upon service fees, which will be processed through the platform.
• Drivers will be compensated for completed jobs, minus any applicable platform fees.
• TowDash may charge a service fee for connecting customers with drivers. Payment terms will be outlined in the platform's pricing schedule.
• Platform Fee Structure: TowDash charges a service fee based on a percentage of the total tow fee or per job. Specific fees will be outlined in the platform's pricing schedule.
• Refund Policy: Refunds may be issued under specific conditions, including but not limited to disputes regarding service quality. Refunds and chargebacks are subject to TowDash's discretion and terms of service.

6.1 Core Driver Plan (Free Tier)

The Core Driver plan is a free tier available to independent towing and roadside assistance providers who wish to receive and fulfill service requests through the TowDash marketplace. Core Drivers receive:

• Access to jobs within a 30-mile radius of their set location
• A minimum payout of $100 per tow job completed through the marketplace
• Ability to withdraw earned funds to a linked bank account at any time
• Eligibility for incentive-based bonuses, including night-time response, accident response, and semi/large truck response incentives

Core Drivers operate as independent contractors and are not employees of TowDash. All marketplace jobs are subject to a platform service fee deducted from the total tow charge before payout to the driver.

6.2 Pro Driver Plan (Paid Subscription)

The Pro Driver plan is a paid monthly subscription designed for towing companies and independent operators who require business management tools beyond marketplace job access. The Pro Driver plan includes all Core Driver features, plus:

• Full job management with digital invoicing and payment collection
• Customer database and CRM (Customer Relationship Management) tools
• Customer payment plan creation and tracking
• Impound and vehicle storage tracking and management
• Team management with role-based access (owner, manager, driver roles)
• Fleet and truck tracking, including truck expense management
• Business reports and analytics dashboards
• Live fleet map for real-time truck visibility
• Commission tracking for team members
• After-hours scheduling and dispatch tools
• Internal team chat and messaging

6.3 Subscription Billing and Pricing

Pro Driver subscriptions are billed on a recurring monthly basis. The subscription consists of a base monthly fee plus a per-seat fee for each additional team member added to the account. Current pricing is displayed on the TowDash pricing page and within the platform at the time of enrollment.

• Subscription fees are charged automatically to the payment method on file at the beginning of each billing cycle.
• Per-seat charges are prorated when additional team members are added or removed mid-cycle.
• Subscription fees are non-refundable except where required by applicable law.
• TowDash reserves the right to modify subscription pricing with at least thirty (30) days prior notice. Continued use of the Service after such notice constitutes acceptance of the updated pricing.

6.4 Subscription Cancellation and Downgrades

Drivers may cancel their Pro Driver subscription at any time through the platform. Upon cancellation:

• Access to Pro Driver features will continue until the end of the current billing cycle.
• Upon expiration, the account will be downgraded to Core Driver status, and Pro Suite features (including job management, impound tracking, team management, fleet tools, and business analytics) will no longer be accessible.
• Data associated with the Pro Driver subscription (including customer records, invoices, impound records, and team configurations) will be retained for a period of ninety (90) days following cancellation, after which TowDash reserves the right to delete such data.
• Re-enrollment in the Pro Driver plan is available at any time, subject to current pricing and terms.

6.5 No Guarantee of Work or Earnings

TowDash does not guarantee any minimum number of service requests, job assignments, earnings, or income level for any driver, regardless of subscription tier. Access to marketplace jobs is influenced by multiple factors including, but not limited to, geographic location, real-time demand, driver availability, performance history, customer preferences, and service category. Subscription to the Pro Driver plan does not entitle a driver to any guaranteed volume of marketplace jobs.

6.6 Payouts and Incentives

Drivers may be eligible for bonuses, incentives, or minimum payout guarantees for certain jobs or service categories. These incentives:

• Are subject to change at TowDash's sole discretion with or without prior notice
• May vary by service type, geographic location, time of day, vehicle class, or demand conditions
• Are not guaranteed and may be modified, suspended, or discontinued at any time
• Are contingent upon successful completion of the job in accordance with platform standards and these Terms

7. Driver and Customer Interaction

• Drivers are responsible for performing towing services in a professional, safe, and timely manner.
• Customers are responsible for providing accurate information about their vehicle and location.
• Drivers who accept requests for Additional Services (including repossession or auto-transport services) represent and warrant that they possess all required licenses, permits, insurance coverage, training, and legal authority necessary to perform such services under applicable local, state, and federal laws.
• TowDash does not verify the legality or compliance of each service beyond basic onboarding requirements, and drivers assume full responsibility for compliance.
• Any disputes or issues between drivers and customers should be reported to TowDash for resolution.

8. Driver Brokering Policy

8.1 Prohibition on Unauthorized Brokering

Drivers on the TowDash platform are strictly prohibited from engaging in unauthorized brokering. Brokering occurs when a driver accepts, claims, or is assigned a service request through the TowDash marketplace and then transfers, subcontracts, delegates, or outsources the fulfillment of that job to any third party who is not registered on the TowDash platform or who did not independently accept the job through the platform.

When a driver accepts a marketplace job, they are representing to both TowDash and the customer that they will personally fulfill the service request (or, in the case of a Pro Driver Company, that a registered team member of that Company will fulfill the request). This obligation is fundamental to maintaining the quality, safety, and accountability standards of the TowDash platform.

8.2 Prohibited Brokering Activities

The following activities are considered unauthorized brokering and are expressly prohibited:

• Accepting a marketplace job and dispatching or forwarding it to an unregistered third-party driver or towing company
• Subcontracting TowDash marketplace jobs to individuals or entities who have not completed TowDash's driver onboarding, verification, and approval process
• Operating as an intermediary by collecting payment from TowDash for a job completed by an unregistered third party
• Listing availability on the platform with the intent of routing accepted jobs to third parties rather than fulfilling them directly
• Sharing account credentials, login information, or API access with unregistered individuals for the purpose of accepting or fulfilling marketplace jobs on the driver's behalf

8.3 Approved Brokering Arrangements

TowDash recognizes that certain business relationships in the towing industry may require brokering or subcontracting arrangements. TowDash may, at its sole discretion, approve brokering arrangements under the following conditions:

• The driver or Company submits a written request to TowDash at support@towdash.com describing the proposed brokering arrangement, including the identity and qualifications of the proposed subcontractor(s)
• TowDash reviews and provides written approval of the arrangement prior to any brokered jobs being fulfilled
• All subcontractors involved in an approved brokering arrangement must meet TowDash's minimum driver requirements, including valid licensing, insurance, and any other applicable regulatory requirements
• The approved driver or Company remains fully responsible and liable for the quality, safety, and completion of all brokered jobs, including any damages, claims, or disputes arising from the subcontractor's performance
• Approved brokering arrangements may be revoked by TowDash at any time for any reason, including but not limited to quality concerns, customer complaints, or safety issues

8.4 Brokering Violation Fee

If TowDash determines, in its sole discretion, that a driver has engaged in unauthorized brokering in violation of this Section, TowDash reserves the right to impose a brokering violation fee of up to five hundred dollars ($500.00) per occurrence. This fee may be deducted from the driver's pending payouts, charged to the payment method on file, or invoiced separately.

The brokering violation fee is in addition to, and not in lieu of, any other remedies available to TowDash, including but not limited to:

• Immediate suspension or permanent termination of the driver's TowDash account
• Forfeiture of any unpaid earnings associated with brokered jobs
• Disgorgement of any commissions, fees, or profits earned from unauthorized brokering activity
• Recovery of any costs, damages, or liabilities incurred by TowDash or its customers as a result of the unauthorized brokering, including legal fees

8.5 Reporting and Investigation

TowDash reserves the right to investigate suspected brokering activity using platform data, GPS records, communication logs, customer reports, and any other available information. Drivers suspected of brokering may be temporarily suspended pending the outcome of an investigation. Customers or other drivers who become aware of potential brokering activity are encouraged to report it to TowDash at support@towdash.com.

8.6 Pro Driver Company Teams

For clarity, the assignment of marketplace jobs to registered team members within a Pro Driver Company does not constitute brokering, provided that all team members have been properly onboarded to the TowDash platform, are active members of the Company, and meet all applicable driver requirements. Company owners and managers are responsible for ensuring that all team members operating under their Company meet TowDash's standards and comply with these Terms.

9. Towing Services and Liability

• TowDash is not liable for any damages, loss, or injury resulting from the towing services provided by the drivers.
• Drivers are responsible for ensuring that their towing operations comply with all applicable laws and regulations.
• Customers assume all responsibility for their vehicle during the towing process.
• TowDash is not responsible for the outcome, condition, legality, or consequences of any Additional Services performed by drivers, including repossession or transport services. Any liability arising from these services rests solely with the driver and the customer or third party involved.

10. Privacy & Data Protection

• TowDash collects personal data in accordance with its Privacy Policy, which is incorporated into these Terms by reference.
• TowDash may share your information with third-party service providers as necessary to fulfill our services.
• By using the Service, you consent to the collection and use of your personal data as described in the Privacy Policy.

11. Termination & Suspension

• TowDash reserves the right to suspend or terminate a user's account for any reason, including violation of these Terms, illegal activities, fraudulent activity, repeated service failures, or failure to maintain proper insurance.
• Users may appeal the decision by contacting TowDash support within 14 days of suspension or termination.
• Users may terminate or delete their accounts at any time by emailing TowDash support at support@towdash.com. Upon receipt of the request, TowDash will process the account deletion.
• Drivers may cancel a paid subscription at any time through the platform. Cancellation will take effect at the end of the current billing cycle. TowDash reserves the right to modify, suspend, or terminate any subscription plan, feature, or pricing at its sole discretion.
• TowDash may downgrade, suspend, or terminate driver access to Pro Driver features if a driver violates these Terms, applicable laws, or platform standards.

12. Dispute Resolution

• In the event of any dispute arising out of or relating to these Terms or the use of the Service—whether between TowDash and a customer, TowDash and a driver, or involving any party using the platform—the parties agree to first attempt to resolve the matter through good-faith informal negotiations. These negotiations shall commence within fifteen (15) days of written notice from one party to the other.
• If the dispute cannot be resolved informally, the matter shall be submitted to binding arbitration, conducted in accordance with a dispute resolution process designated by TowDash LLC. The arbitration shall take place in Saint Louis County, Missouri, unless otherwise agreed in writing by all parties. TowDash will determine the procedural rules and the selection process for the arbitrator, with an emphasis on fairness and neutrality. Each party shall bear its own costs unless the arbitrator decides otherwise.
• Nothing in this section limits either party's right to seek injunctive or equitable relief in a court of competent jurisdiction for urgent or irreparable harm.

13. API Access and Usage

13.1 API Availability

TowDash may provide application programming interfaces ("APIs") that allow authorized Users to programmatically access certain features and data within the TowDash platform. API access may be offered as part of specific subscription plans, as a standalone service, or through separate commercial agreements. API access is not guaranteed and may be subject to additional terms, technical requirements, and approval by TowDash.

13.2 API Credentials and Security

• API access requires authentication via API keys, tokens, or other credentials issued by TowDash ("API Credentials"). You are solely responsible for maintaining the confidentiality and security of your API Credentials.
• You must not share, publish, embed in client-side code, or otherwise expose your API Credentials to unauthorized third parties.
• You must notify TowDash immediately at support@towdash.com if you believe your API Credentials have been compromised. TowDash reserves the right to revoke and reissue API Credentials at any time for security purposes.
• All activities performed using your API Credentials are your responsibility, and you assume all liability for unauthorized use resulting from your failure to secure them.

13.3 Permitted Use

You may use the TowDash API solely to:

• Integrate TowDash data and functionality into your own internal business applications and workflows
• Retrieve, create, update, or manage data associated with your TowDash account, including but not limited to jobs, customers, invoices, impound records, fleet data, and team information
• Build applications or integrations that enhance your use of the TowDash platform, provided such applications comply with these Terms

13.4 Prohibited Use

You agree not to use the TowDash API to:

• Access, scrape, harvest, or collect data belonging to other TowDash users, companies, or accounts without their explicit authorization
• Reproduce, replicate, or create a competing product or service that substantially replicates the features or functionality of the TowDash platform
• Circumvent, disable, or interfere with rate limits, authentication mechanisms, access controls, or other security features of the API
• Transmit malicious code, viruses, or any software designed to disrupt, damage, or gain unauthorized access to TowDash systems or third-party systems
• Resell, sublicense, redistribute, or commercially exploit API access or data obtained through the API without prior written consent from TowDash
• Use the API in any manner that violates applicable local, state, federal, or international laws or regulations

13.5 Rate Limits and Usage Quotas

TowDash may impose rate limits, usage quotas, or request volume caps on API access at its sole discretion. These limits may vary by subscription tier, endpoint, or time period. Exceeding established rate limits may result in throttling, temporary suspension, or permanent revocation of API access. TowDash will make reasonable efforts to communicate rate limit thresholds through API documentation or response headers.

13.6 Data Ownership and Privacy

• Data accessed through the API remains the property of TowDash and/or the respective account holders who created it.
• You must handle all data obtained through the API in compliance with TowDash's Privacy Policy and all applicable data protection laws, including but not limited to the California Consumer Privacy Act (CCPA) and any other relevant state or federal privacy statutes.
• You must not store, cache, or retain API data beyond what is reasonably necessary for the functionality of your integration, and you must delete any cached data promptly upon request by TowDash or the data owner.
• If your integration processes personal data of end users (including customers, drivers, or team members), you are responsible for providing appropriate privacy notices and obtaining any required consents.

13.7 API Modifications and Deprecation

TowDash reserves the right to modify, update, deprecate, or discontinue any API endpoint, feature, or version at any time. TowDash will make commercially reasonable efforts to provide advance notice of material changes or deprecations through the platform, API documentation, or email notifications. However, TowDash is not liable for any disruption, loss, or cost arising from changes to the API.

13.8 Suspension and Termination of API Access

TowDash reserves the right to suspend or terminate your API access at any time, with or without cause, including but not limited to:

• Violation of these Terms or the API usage policies
• Excessive or abusive API usage that degrades platform performance for other users
• Security concerns, suspected unauthorized access, or data breach
• Cancellation or termination of the underlying subscription or account
• Non-payment of any fees associated with API access

Upon termination of API access, you must immediately cease all use of the API and delete any stored API Credentials. TowDash shall not be liable for any loss, cost, or damage resulting from the suspension or termination of API access.

13.9 Disclaimer of Warranties for API

The TowDash API is provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, reliability, or non-infringement. TowDash does not warrant that the API will be uninterrupted, error-free, secure, or free of defects. You assume all risk associated with your use of the API and any integrations built upon it.

13.10 Indemnification for API Use

You agree to indemnify, defend, and hold harmless TowDash, LLC, its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the API, any applications or integrations you develop using the API, or any violation of these Terms in connection with API usage.

14. Service Management

There may be information on the Service that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Service at any time, without prior notice.

We reserve the right, but not the obligation, to:

• Monitor the Service for violations of these Terms of Use;
• Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
• In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
• In our sole discretion and without limitation, notice, or liability, to remove from the Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
• Otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.

15. Modifications & Interruptions

We reserve the right to change, modify, or remove the contents of the Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Service. We also reserve the right to modify or discontinue all or part of the Service without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.

16. Governing Law & Jurisdiction

These Terms are governed by the laws of Saint Louis County, Missouri. Any disputes arising out of or relating to these Terms will be handled in the courts located in Saint Louis County, Missouri.

17. Modifications to Terms

TowDash reserves the right to modify these Terms at any time. Users will be notified of any material changes, and continued use of the Service constitutes acceptance of the updated Terms.

18. Disclaimer of Warranties & Limitations of Liability

• The Service is provided "as is" without warranties of any kind, either express or implied.
• TowDash is not liable for any indirect, incidental, or consequential damages arising from the use of the Service.
• Users agree to indemnify and hold TowDash harmless from any claims, losses, or damages arising from their use of the Service.

19. Contact Information

If you have any questions regarding these Terms, please contact us at:

TowDash, LLC
support@towdash.com
(618) 800-DASH or (618) 800-3274