Please read these terms carefully as they govern your use of the TowUp platform and services.
TowUp operates exclusively as a technology marketplace platform that connects independent fleet owners ("Fleet Owners") with independent tow truck operators and recovery professionals ("Service Providers"). We facilitate communication, service requests, and payment processing between these parties.
IMPORTANT MARKETPLACE NOTICE:
By using TowUp, you acknowledge and agree that:
Welcome to TowUp. By accessing or using our platform, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you may not use our service.
This agreement is a legally binding contract between you and TowUp. It may be updated from time to time as outlined in Section 14. By continuing to use the service after any changes, you accept those changes.
Minimum Age Requirements:
You must be at least 18 years of age to use TowUp's platform. If you are under 18, you may only use our platform with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms of Service on your behalf.
Legal Capacity:
By using our platform, you represent and warrant that:
Business Entity Registration:
If you are registering on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms of Service and that such entity is validly existing and in good standing under applicable law.
TowUp provides a dispatch platform connecting fleet owners with recovery professionals for vehicle towing and recovery services. Our platform facilitates communication, service requests, and payment processing between these parties.
We do not provide towing or recovery services directly. We are a technology platform that facilitates connections between fleet owners and independent recovery professionals. TowUp is not responsible for the quality, safety, or legality of the services provided by recovery professionals through our platform.
To use certain features of our platform, you must register for an account. You are responsible for:
We reserve the right to suspend or terminate accounts that violate these terms or engage in fraudulent activity.
You agree that you will not share your account credentials with any third party or allow any third party to access your account. You acknowledge that account sharing is a violation of these Terms of Service and may result in immediate termination of your account.
For Service Providers:
All Service Providers MUST maintain and provide proof of the following insurance coverage before being authorized to receive service requests:
Service Providers must:
Insurance Verification Process:
For Fleet Owners:
By creating a service order, Fleet Owners acknowledge that:
Service Provider Screening:
All Service Providers must successfully complete background verification before being authorized to receive service requests:
Disqualifying Factors:
Service Providers may be disqualified for:
Ongoing Monitoring:
Fleet Owner Verification:
Fleet Owners must provide:
You agree not to use our platform to:
Specific Prohibited Activities:
Consequences:
Violations may result in immediate account suspension, permanent termination, legal action, and reporting to law enforcement authorities. We reserve the right to investigate suspicious activities and cooperate with law enforcement.
For Service Providers using our platform:
For Fleet Owners using our platform:
Federal Compliance Requirements:
All Service Providers must comply with applicable federal regulations, including:
New York State Specific Requirements:
Service Providers operating in New York must additionally comply with:
Licensing and Permit Requirements:
Ongoing Compliance:
Service Providers acknowledge that they are solely responsible for maintaining compliance with all applicable transportation regulations and that TowUp does not provide regulatory compliance guidance or assume any responsibility for regulatory violations.
For fleet owners using our platform:
TowUp charges fees for the use of our platform services. These fees may vary based on:
All fees are clearly displayed before confirmation of service requests. We may change our fees at any time with advance notice to users.
Payment Processing: Payments are processed through our third-party payment processors. By providing your payment information, you authorize us and our payment processors to charge the amount due to the payment method designated in your account.
Refund Policy: Fees for services that have been completed are non-refundable. In cases where services were not completed or were unsatisfactory, refunds may be issued at our discretion after a review of the circumstances. Refund requests must be submitted within 7 days of the service date.
Cancellation Policy: Cancellation fees may apply if a service request is canceled after a recovery professional has been assigned or is en route. The specific cancellation fee will be displayed in your service agreement and during the service request process.
Financial Security and Fraud Prevention:
To maintain the security and integrity of our platform, we implement the following measures:
User Obligations:
Account Holds and Restrictions:
We may place holds on accounts or restrict transactions when:
The TowUp platform, including all content, features, and functionality, is owned by TowUp and is protected by copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our platform without our express written consent.
TowUp name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of TowUp or its affiliates. You may not use such marks without the prior written permission of TowUp.
By submitting any content, feedback, or ideas to the platform, you grant TowUp a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, publish, distribute, and display such content for any purpose.
MARKETPLACE LIABILITY DISCLAIMER:
AS A MARKETPLACE PLATFORM, TOWUP IS NOT LIABLE FOR ANY DAMAGES, LOSSES, OR INJURIES ARISING FROM SERVICES PROVIDED BY SERVICE PROVIDERS, INCLUDING BUT NOT LIMITED TO:
FLEET OWNER ACKNOWLEDGMENT:
By using TowUp, Fleet Owners expressly acknowledge and agree that:
TowUp does not guarantee that Service Provider insurance will cover any specific claim or damage. Fleet Owners are encouraged to:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOWUP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
IN NO EVENT SHALL TOWUP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TOWUP IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless TowUp and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
This defense and indemnification obligation will survive these Terms of Service and your use of the platform. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
Initial Dispute Resolution: We are committed to resolving disputes in a fair and efficient manner. Before filing a claim against TowUp, you agree to attempt to resolve the dispute informally by contacting us at legal@gettowup.com. We will attempt to resolve the dispute informally by contacting you via email. If the dispute is not resolved within 30 days after submission, you or TowUp may proceed to formal dispute resolution.
Binding Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms of Service, including the breach, termination, or validity thereof, shall be resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration will be conducted in New York County, New York, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Class Action Waiver: ANY ARBITRATION OR OTHER DISPUTE RESOLUTION PROCEEDINGS SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Small Claims Court: Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within the jurisdiction of that court and is pending only in that court.
We may terminate or suspend your account and access to our platform immediately, without prior notice or liability, for any reason, including but not limited to a breach of these terms.
Upon termination, your right to use the platform will immediately cease. All provisions of these terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
If you wish to terminate your account, you may simply discontinue using the platform or contact us at support@gettowup.com to request account deletion. Please note that certain information may be retained in archived/backup copies as required by law or for legitimate business purposes.
We reserve the right to modify these terms at any time. For significant changes to the Terms of Service, we will:
Changes will become effective 30 days after they are posted unless otherwise stated. Your continued use of the platform after the effective date constitutes your acceptance of the revised terms.
If you do not agree with the revised terms, you must stop using our platform and terminate your account.
Insurance and Liability Provisions: The insurance requirements and liability limitations in these Terms are fundamental to the operation of our marketplace platform. By continuing to use TowUp after any updates to these provisions, you acknowledge and accept these critical terms.
If any provision of these Terms of Service is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. Any such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable while preserving its intent.
If such modification is not possible, the relevant provision shall be deemed deleted and the remaining provisions will continue in full force and effect.
TowUp shall not be liable for any failure to perform its obligations under these Terms of Service where such failure results from any cause beyond our reasonable control. This includes, but is not limited to:
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without TowUp's prior written consent. Any attempt by you to assign or transfer these Terms of Service without such consent will be null and void.
TowUp may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
These terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Any legal action or proceeding arising under these Terms of Service will be brought exclusively in the federal or state courts located in New York County, New York, and the parties hereby consent to personal jurisdiction and venue therein.
Platform Availability: We strive to maintain platform availability 24/7, but occasional downtime may occur for maintenance or due to technical issues. We do not guarantee uninterrupted, secure, or error-free operation of the platform.
Response Times: For recovery professionals, we aim to provide service requests with reasonable response time expectations based on the urgency and location of the request. There is no guarantee of a minimum response time, as many factors outside our control may affect service delivery.
Support Services: Customer support is available during standard business hours (Monday through Friday, 9:00 AM to 5:00 PM in your local time zone), with limited support available outside these hours for urgent issues. We aim to respond to support inquiries within 24 business hours.
Updates and Maintenance: We may perform scheduled maintenance during which the platform may be temporarily unavailable. We will attempt to provide notice of scheduled maintenance in advance.
These Terms of Service, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and TowUp regarding our platform and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter.
No modification, amendment, or waiver of any provision of these Terms will be effective unless in writing and signed by an authorized representative of TowUp.
Platform Security Standards:
TowUp implements industry-standard security measures to protect our platform and user data:
Data Encryption Requirements:
User Security Responsibilities:
Users are responsible for:
Security Breach Notification:
In the event of a security breach that may affect user data:
Third-Party Security:
We work only with security-certified third-party service providers and require them to maintain appropriate security standards. However, we cannot guarantee the security practices of external websites or services linked from our platform.
TowUp is committed to making our platform accessible to all users, including those with disabilities. We strive to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards where feasible.
If you encounter any accessibility issues or require assistance using our platform, please contact us at support@gettowup.com.
Non-Discrimination Policy:
TowUp is committed to providing equal access to our platform for all users. We prohibit discrimination based on:
Service Provider Obligations:
Service Providers agree to:
Fleet Owner Rights:
Fleet Owners have the right to:
Accessibility Accommodations:
Reporting and Enforcement:
Users can report discrimination by:
We will investigate all discrimination reports promptly and take appropriate action, which may include account suspension, termination, or referral to appropriate authorities.
Legal Compliance:
This policy complies with federal laws including the Civil Rights Act, Americans with Disabilities Act (ADA), and applicable state and local anti-discrimination laws.
Data Collection and Use:
We collect and process personal information in accordance with our Privacy Policy and applicable privacy laws, including:
User Rights:
Under applicable privacy laws, users have the right to:
Data Retention:
International Data Transfers:
We may transfer personal data internationally for processing and storage. Such transfers are protected by:
Cookies and Tracking:
Data Breach Procedures:
In case of a data breach affecting personal information:
Third-Party Data Sharing:
We only share personal data with third parties when:
Privacy Requests:
To exercise privacy rights or for privacy-related questions, contact us at privacy@gettowup.com. We will respond to requests within 30 days or as required by applicable law.
Service Provider Registration:
To register as a Service Provider, you must:
Fleet Owner Registration:
To register as a Fleet Owner, you must:
Ongoing Requirements:
For questions about these Terms of Service, please contact us at:
Email: support@gettowup.com
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Last Updated: June 2, 2025