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 who accesses or uses the Service.
• "Driver": A registered towing service provider who receives and fulfills service requests through the platform.
• "Customer": A person who requests a tow truck service through the platform.
• "Service": The software and platform provided by TowDash to connect customers with tow truck drivers.
• "Subscription Plan": A paid or free driver membership tier that determines access to features, job eligibility, payout structures, and incentives on the TowDash platform.
• "Core Driver": A driver enrolled in TowDash's free driver tier with standard access to the platform and base compensation terms.
• "Pro Driver": A driver enrolled in TowDash's paid subscription tier that includes enhanced features, expanded job access, and higher payout opportunities, subject to availability and performance criteria.
• "Additional Services": Services facilitated through the TowDash platform including, but not limited to, lockout services, jump starts, tire services, fuel delivery, repossession assistance, and auto-transport services.

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 Driver Subscription Plans

TowDash may offer multiple driver subscription plans, including but not limited to Core Driver (free) and Pro Driver (paid). Subscription features, pricing, and benefits are described within the platform and may include:

• Job radius eligibility
• Minimum payout thresholds
• Priority or expanded job access
• Incentive eligibility
• Enhanced payout rates

Subscription fees, if applicable, are billed on a recurring basis and are non-refundable except where required by law.

6.2 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 jobs is influenced by multiple factors including location, demand, driver availability, performance history, and customer needs.

6.3 Payouts & 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 discretion
• May vary by service type, location, time of day, or vehicle class
• Are not guaranteed and may be modified or discontinued at any time

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. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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