Terms of Service

1. Acceptance of these Terms

These Terms of Service ("Terms") are a binding agreement between you and Tow4Technologies, Inc. ("Tow4Tech," "we," "us"). They govern your use of the Tow4Tech website, the Tow4Tech Service, Roadside, Owner Operator, Dispatch and Operator web apps, and related messaging, voice and AI features (together, the "Service").

By creating an account, using the Service, or accepting or completing a job offered through the Service, you agree to these Terms and to our Privacy Policy. If you use the Service for a company, you confirm you have authority to bind that company, and "you" means the company too. These Terms replace all earlier versions of the Tow4Tech Terms of Service, including the version last updated March 6, 2025, and the separate SMS & AI Voice Consent page.

These Terms contain a binding arbitration agreement and class action waiver in Section 18. You may opt out of arbitration within 30 days as described there.

2. Eligibility and accounts

2.1 Who may use the Service. You must be at least 18 years old and located in the United States. The Service is built for businesses and professional drivers, not for personal or household use, except that Owner Operators may use it for their own trucks.

2.2 User types. "Service Requesters" are fleets, fleet managers, owner-operators, drivers and roadside assistance companies that request towing or roadside service. "Service Providers" are towing companies, roadside service companies, dispatchers and operators that perform service. "Off-Network Providers" are Service Providers without a Tow4Tech account whom the Service contacts about a job (Section 4). All are "Users."

2.3 Your account. You must give accurate, current information and keep it updated. You are responsible for your login credentials and for all activity under your account, including activity by your employees, drivers and dispatchers.

2.4 Phone numbers you provide. When you give us a phone number, including a driver's or dispatcher's number, you confirm that you are the subscriber or regular user of that number or have authority to provide it and to consent on that person's behalf to the calls and messages described in Section 6. You must tell us promptly if a number changes hands or is no longer in use.

3. The Service

3.1 What we do. Tow4Tech is a technology platform that connects Service Requesters with Service Providers for medium- and heavy-duty towing and roadside service. We locate nearby providers, send job requests, share job status and ETAs, and support invoicing and payment.

3.2 We are not a towing company. Tow4Tech does not tow, repair or transport vehicles or cargo. Service Providers are independent businesses, not our employees or agents. Each job is a contract between the Service Requester and the Service Provider. We are not a party to it and are not responsible for the quality, safety, timing or legality of the work.

3.3 No emergency service. The Service is not an emergency service. If anyone is in danger, call 911 first.

3.4 License. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for your internal business purposes under these Terms.

3.5 Web apps only. Tow4Tech's apps are progressive web apps that run in a web browser at tow4tech.com and its subdomains, such as service.tow4tech.com and dispatch.tow4tech.com. We do not offer apps through the Apple App Store, Google Play or any other app store, and any app listed there under the Tow4Tech name is not ours or is no longer supported. You may add a web app to your device's home screen, but it still runs through your browser. Features such as location sharing, notifications and offline access depend on the permissions you grant in your browser and on what your browser and device support.

4. AI dispatcher and Off-Network Providers

4.1 How the AI dispatcher works. When a Service Requester submits a job, the Service first offers it to Service Providers in the Requester's approved network, searching outward by distance (currently about 50, 75 and 100 miles). If no network provider accepts, the Service may use automated tools, including AI-generated voice calls and text messages, to contact Off-Network Providers near the breakdown. We place these AI calls and texts only to business telephone numbers that a provider publishes for receiving towing or roadside service requests, or to numbers whose owners have agreed to receive them. An Off-Network Provider may ask at any time not to be contacted again, as described in Section 6.7.

4.2 Requester controls. A Service Requester may ask us to turn off Off-Network outreach for its jobs, to limit it to providers the Requester approves, or to require the Requester's approval before an Off-Network Provider is dispatched.

4.3 What an Off-Network Provider receives. An AI call or message to an Off-Network Provider describes the job: general breakdown location, vehicle type and weight class, and service needed. It asks whether the provider can take the job and, if so, its ETA and price. We share the exact location, driver contact and other details only after the job is confirmed.

4.4 When a job is confirmed. An ETA or price spoken on an AI call is an offer, not a binding agreement. A job is confirmed only when the Off-Network Provider confirms the job details we send in writing (by text or link) and, where required, the Service Requester accepts. AI systems can mishear or mis-transcribe; each party should check the written confirmation and tell us promptly about any error.

4.5 Terms that bind Off-Network Providers. By confirming or performing a job, an Off-Network Provider agrees to these Terms for that job, including Sections 5, 7, 10, 14 through 19, and to the price and ETA it confirmed.

4.6 No guarantee of coverage. We do not guarantee that any provider will accept a job, arrive by a stated ETA, or charge a stated price.

5. Service Provider obligations

Service Providers, including Off-Network Providers, represent and agree that they:

• hold all licenses, permits, operating authority and insurance required for the work, and will show proof on request;
• use properly equipped vehicles and trained, qualified operators;
• perform work safely, lawfully and in a workmanlike manner;
• charge only the price confirmed through the Service, plus any additional charges the Service Requester approves in writing;
• give accurate ETAs and status updates and report delays promptly; and
• use job and driver information only to perform the job.

We may verify these items, audit compliance, and remove any provider from the Service.

6. AI voice calls, text messages and other communications

6.1 We use AI voice agents. Some calls from Tow4Tech are placed or answered by an AI voice agent that uses an artificial or AI-generated voice, not a live person. Every AI call will say at the start that you are speaking with an automated AI assistant for Tow4Tech. You may ask for a person at any time; if one is not available, we will tell you how to reach support.

6.2 Types of calls and messages. By using the Service or providing a phone number, you agree that Tow4Tech and its service providers may contact you at that number, including by AI-generated or prerecorded voice, automated dialing, and text message, about:

• job requests, offers, dispatch and confirmations;
• ETAs, status updates and arrival notices;
• provider details and contact information;
• invoices, payments and account notices; and
• follow-up and service-quality questions.

These are transactional and informational communications. Consent to them is not a condition of buying any goods or services.

6.3 Marketing requires separate consent. We will send marketing calls or texts only if you give separate, express written consent for them. You may decline marketing and still use the Service.

6.4 Drivers and roadside callers. When a driver calls in for service, our AI assistant may ask for verbal consent to receive text updates about that job. We send texts only after a clear "yes."

6.5 Recording and transcription. We may record, transcribe and analyze calls with our AI voice agents and support team to capture job details, provide the Service, check quality, train staff, resolve disputes and meet legal duties. Each recorded call will say it is being recorded. By staying on the call, you consent to the recording. If you do not consent, end the call and contact support by another channel. We do not use call recordings to train third-party AI models for their own purposes.

6.6 Message frequency and charges. Message frequency varies with your jobs. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.

6.7 How to opt out. You can stop calls or messages at any time, by any reasonable means, including:

• replying STOP, END, CANCEL, UNSUBSCRIBE, QUIT, REVOKE or OPT OUT to a text;
• telling the AI voice agent or a team member on a call that you do not want further calls;
• emailing support@tow4tech.com; or
• calling (914) 439-6884.

Reply HELP for help. We will honor your request promptly and within 10 business days. We may send one text confirming your opt-out. If you opt out, we cannot send you job updates or offers by that channel, and you may need to use the app instead.

6.8 Wrong numbers. If we contact you by mistake, tell us on the call, reply STOP, or email support@tow4tech.com, and we will remove your number.

6.9 Other communications. We may also send email and push notifications about your account and jobs. You can turn off push notifications in your browser or device settings.

7. Fees and payments

7.1 Fees. Creating an account is free. Service Providers set their own prices for their work. Tow4Tech charges a service fee per job as shown in the Service or in your order form. All amounts are in U.S. dollars and exclude taxes, which you are responsible for.

7.2 Invoices. Service Providers submit invoices through the Service. Unless your order form says otherwise, invoices are due within 30 days. Late balances accrue interest at 1.5% per month or the highest rate the law allows, whichever is lower.

7.3 Payment processing. Payments are processed by Stripe or another processor we choose. By receiving payments through the Service, Service Providers agree to the Stripe Connected Account Agreement. We do not store full card or bank account numbers.

7.4 Disputed charges. A Service Requester must raise a billing dispute in writing within 30 days of the invoice. Service Requesters and Service Providers should first try to resolve disputes about the work between themselves. We may share job records, including call transcripts and confirmations, with both parties to help resolve a dispute.

8. Cancellations

A Service Requester may cancel a job in the Service. If a Service Provider is already en route, the Requester may owe a cancellation or dry-run fee if the provider disclosed it before confirming the job. A Service Provider who cannot complete a confirmed job must tell us and the Requester right away through the Service.

9. Your content and data

9.1 Your content. You own the information, photos, notes, documents and messages you submit ("User Content"). You grant us a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit and display User Content to operate, secure and improve the Service and to share it with other Users as needed for a job. This license ends when User Content is deleted under our Privacy Policy, except for copies we must keep by law or for dispute resolution.

9.2 Usage and aggregated data. We may collect data about how the Service is used and may use aggregated or de-identified data, which does not identify you or any person, for any lawful purpose, including analytics and improving the AI dispatcher.

9.3 Privacy. Our Privacy Policy explains how we collect, use and share personal information, including call recordings and transcripts.

10. Acceptable use

You will not:

• use the Service unlawfully, fraudulently or to harm anyone;
• give false job, location, vehicle or pricing information;
• impersonate any person or company;
• harass, threaten or abuse other Users, our staff or our AI voice agents;
• try to trick, manipulate or extract instructions, data or other users' information from our AI systems;
• use job or driver information for anything other than the job;
• solicit Users met through the Service to move a job off the Service to avoid fees;
• reverse engineer, scrape, overload or interfere with the Service, or bypass security; or
• use the Service to build a competing product.

11. Intellectual property

Tow4Tech owns the Service, including its software, AI dispatcher, voice scripts, designs and trademarks. These Terms give you no rights in them except the license in Section 3.4. If you send feedback, we may use it without obligation to you.

12. Third-party services

The Service relies on third parties for payments, mapping, telephony, text messaging, AI processing and hosting. Their services are governed by their own terms, and we are not responsible for their acts or outages.

13. Suspension and termination

You may close your account at any time by emailing support@tow4tech.com. We may suspend or end your access at any time if you breach these Terms, create risk for others, or as required by law. Sections 7 and 9 through 22 survive termination, along with any payment obligation already owed.

14. AI features and disclaimers

14.1 AI limits. The AI dispatcher, AI voice agents, transcripts, ETAs and other AI outputs may be inaccurate or incomplete. You should check written confirmations and job details before relying on them.

14.2 Disclaimer. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT THE LAW ALLOWS, TOW4TECH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PROVIDER WILL ACCEPT OR COMPLETE A JOB.

15. Limitation of liability

15.1 TO THE FULLEST EXTENT THE LAW ALLOWS, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, CARGO OR DATA, EVEN IF ADVISED OF THEIR POSSIBILITY.

15.2 TOW4TECH'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) TWO TIMES THE FEES YOU PAID TOW4TECH IN THE SIX MONTHS BEFORE THE CLAIM AROSE, OR (B) $5,000.

15.3 These limits do not apply to liability that cannot be limited by law, or to a party's fraud or willful misconduct.

16. Indemnification

You will defend, indemnify and hold harmless Tow4Tech and its officers, employees and agents from third-party claims, losses and costs (including reasonable attorneys' fees) arising from (a) your breach of these Terms, (b) your User Content, (c) work you perform or request through the Service, or (d) phone numbers or consents you provide under Section 2.4.

17. Release

Disputes about a job are between the Service Requester and the Service Provider. To the fullest extent the law allows, you release Tow4Tech from claims arising from those disputes. 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."

18. Arbitration and class action waiver

18.1 Informal resolution first. Before starting arbitration, a party must send a written notice describing the dispute and try in good faith to resolve it for 30 days. Send notices to us at the address in Section 23.

18.2 Binding arbitration. Any dispute arising from these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, governed by the Federal Arbitration Act. Hearings will take place in Miami-Dade County, Florida, or by video.

18.3 Exceptions. Either party may bring an individual claim in small claims court, or seek injunctive relief in court for misuse of intellectual property or confidential information.

18.4 Class action waiver. Claims may be brought only individually, not as a plaintiff or class member in any class, collective or representative proceeding. If this waiver is found unenforceable for a claim, that claim will proceed in court, not arbitration.

18.5 Opt-out. You may opt out of this Section 18 by emailing support@tow4tech.com within 30 days after you first accept these Terms, with your full name, company, address and a clear statement that you opt out of arbitration.

19. Governing law and venue

Florida law governs these Terms, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs Section 18. Any claim not subject to arbitration will be brought only in the state or federal courts located in Miami-Dade County, Florida, and each party consents to their jurisdiction. The prevailing party may recover reasonable attorneys' fees and costs.

20. Changes to these Terms

We may update these Terms. We will post the new version with a new effective date and, for material changes, notify you by email or in the app at least 15 days before they take effect. Continued use after that date means you accept the changes. Changes do not apply to a dispute already noticed under Section 18.

21. General

These Terms, the Privacy Policy and any order form are the entire agreement on their subject. If any provision is unenforceable, the rest stays 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 a merger, acquisition or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control. We may use subcontractors to provide the Service.

22. Additional notices

22.1 New Jersey. The disclaimers and limitations in Sections 14 through 17 apply to New Jersey residents only to the extent New Jersey law allows.

22.2 California. California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or (800) 952-5210.

22.3 Browsers and devices. You access the Service through a web browser. Your browser maker, device maker and mobile carrier are not parties to these Terms and are not responsible for the Service.

22.4 Updates. We update the web apps on our servers, so you always use the current version and never need to download an update. You may need to refresh the page or reopen the web app to load changes. Using the Service on a mobile network uses mobile data.

23. Contact

Tow4Technologies, Inc. · Attn: Legal
11555 Heron Bay Blvd., Suite 200, Coral Springs, FL 33076
Email: support@tow4tech.com · Phone: (914) 439-6884