TowUp Terms of Service

Please read these terms carefully as they govern your use of the TowUp platform and services.

1. About Our Service - Marketplace Platform

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:

  • TowUp is NOT a towing company, recovery service provider, or transportation company
  • We do NOT provide towing, recovery, or transportation services
  • We do NOT employ, control, or supervise Service Providers
  • Service Providers are independent contractors, NOT our employees or agents
  • We are ONLY a technology platform that facilitates connections

By using TowUp, you acknowledge and agree that:

  • All services are performed by independent Service Providers
  • TowUp has no control over the quality, timing, safety, or manner of services provided
  • Any agreement for services is solely between the Fleet Owner and Service Provider
  • TowUp is not a party to the service agreement between users

2. Acceptance of Terms

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.

2.5. Age and Capacity Requirements

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:

  • You have the legal capacity to enter into binding contracts
  • You are not prohibited from using our services under applicable law
  • You have not been previously suspended or removed from our platform
  • All information you provide is accurate and truthful

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.

3. Service Description

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.

4. User Accounts

To use certain features of our platform, you must register for an account. You are responsible for:

  • Providing accurate and complete information during registration
  • Maintaining the security of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use of your account

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.

4.5. Insurance Requirements and Verification

For Service Providers:

All Service Providers MUST maintain and provide proof of the following insurance coverage before being authorized to receive service requests:

  • Commercial General Liability Insurance: Minimum $1,000,000 per occurrence
  • Commercial Automobile Liability Insurance: Minimum $1,000,000 combined single limit
  • Garage Keepers Legal Liability Insurance: Minimum $100,000 per vehicle
  • On-Hook/In-Tow Coverage: As required by state regulations

Service Providers must:

  • Upload valid Certificates of Insurance (COI) during registration
  • Maintain continuous coverage throughout their use of the platform
  • Update insurance documents before expiration
  • Provide additional documentation upon request

Insurance Verification Process:

  • TowUp verifies insurance documentation before Service Provider activation
  • Insurance status is monitored for validity and expiration
  • Service Providers with lapsed or inadequate insurance are automatically deactivated
  • Proof of insurance is stored in our systems and available upon request

For Fleet Owners:

By creating a service order, Fleet Owners acknowledge that:

  • They have been informed that all Service Providers must carry insurance
  • Insurance verification records are available upon request
  • They may request proof of insurance for any assigned Service Provider
  • Any claims for damages must be directed to the Service Provider and/or their insurance

4.7. Background Check and Verification Requirements

Service Provider Screening:

All Service Providers must successfully complete background verification before being authorized to receive service requests:

  • Criminal background check covering the past 7 years
  • Motor vehicle records (MVR) check for driving history
  • Social Security number verification
  • Business license and permit verification
  • Professional reference verification
  • Identity verification through government-issued documentation

Disqualifying Factors:

Service Providers may be disqualified for:

  • Felony convictions related to theft, fraud, or violent crimes
  • Multiple DUI/DWI convictions or recent DUI/DWI within 3 years
  • Suspended or revoked driver's license
  • History of insurance fraud
  • Providing false information during verification
  • Outstanding warrants or active criminal charges

Ongoing Monitoring:

  • Annual background check renewals required
  • Continuous monitoring for license suspensions or new violations
  • Immediate reporting required for any criminal charges or license issues
  • Random re-verification may be conducted

Fleet Owner Verification:

Fleet Owners must provide:

  • Valid business registration or personal identification
  • Proof of legitimate business operations (if applicable)
  • Payment method verification
  • Contact information verification

5. User Conduct and Prohibited Activities

You agree not to use our platform to:

  • Violate any applicable laws or regulations
  • Infringe on the rights of others
  • Submit false or misleading information
  • Upload or transmit viruses or malicious code
  • Interfere with or disrupt the platform or servers
  • Attempt to gain unauthorized access to any part of the platform
  • Harass, abuse, or harm another person
  • Send spam or unwanted communications
  • Engage in any activity that could damage our reputation or business
  • Use the platform for any illegal or unauthorized purpose
  • Violate any codes of conduct or other guidelines applicable to the platform

Specific Prohibited Activities:

  • Price Manipulation: Engaging in collusion, price fixing, or artificial manipulation of service rates
  • Fraudulent Activities: Identity theft, impersonation, false documentation, or fraudulent billing
  • Rating/Review Manipulation: Creating fake reviews, manipulating ratings, or incentivizing false feedback
  • Discrimination: Refusing service or treating users differently based on race, religion, gender, sexual orientation, disability, or other protected characteristics
  • Unlicensed Operations: Providing services without proper licenses, permits, or insurance coverage
  • Data Scraping: Automated data collection, screen scraping, or unauthorized API access
  • Account Abuse: Creating multiple accounts, account sharing, or circumventing suspensions
  • Payment Fraud: Using stolen payment methods, chargebacks abuse, or money laundering
  • Safety Violations: Operating unsafe equipment, ignoring safety protocols, or endangering others
  • Competitive Intelligence: Using the platform to spy on competitors or steal business information

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.

6. Service Requirements

For Service Providers using our platform:

  • Must maintain all required licenses and permits
  • Must provide and maintain valid insurance as specified in Section 4.5
  • Must upload proof of insurance before receiving any service requests
  • Must comply with all applicable laws and regulations
  • Must maintain professional standards
  • Are solely responsible for their services and equipment
  • Are solely liable for any damage, loss, or injury occurring during service provision

For Fleet Owners using our platform:

  • Must provide accurate service request information
  • Must communicate directly with Service Providers regarding specific requirements
  • Acknowledge that TowUp is not responsible for service quality or damages
  • Agree to pursue any damage claims directly with the Service Provider

6.5. Transportation Regulations Compliance

Federal Compliance Requirements:

All Service Providers must comply with applicable federal regulations, including:

  • Department of Transportation (DOT) regulations
  • Federal Motor Carrier Safety Administration (FMCSA) requirements
  • Interstate commerce regulations when applicable
  • Commercial driver's license (CDL) requirements when applicable
  • Hours of service regulations for commercial drivers
  • Vehicle safety and inspection requirements

New York State Specific Requirements:

Service Providers operating in New York must additionally comply with:

  • New York State Department of Transportation regulations
  • New York Vehicle and Traffic Law requirements
  • Local municipal towing ordinances and permits
  • New York State Public Service Commission regulations (where applicable)
  • New York State insurance minimum requirements
  • Environmental regulations for vehicle emissions and waste disposal

Licensing and Permit Requirements:

  • Valid commercial towing license
  • Business operating permits
  • Special hauling permits when required
  • Hazardous materials endorsements when applicable
  • Local city/county towing permits

Ongoing Compliance:

  • Regular vehicle inspections and maintenance records
  • Driver qualification file maintenance
  • Compliance with weight and size restrictions
  • Proper equipment and safety device requirements
  • Record keeping for regulatory audits

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.

7. Fleet Owner Terms

For fleet owners using our platform:

  • You agree to provide accurate information about your service needs
  • You are responsible for any fees associated with service cancellations
  • You understand that TowUp facilitates connections but is not responsible for the quality of service provided by recovery professionals
  • You agree to the payment terms outlined in your service agreement
  • You acknowledge that recovery professionals are independent contractors and not employees of TowUp
  • You agree to provide accurate vehicle information and location details
  • You must maintain a valid payment method on file
  • You understand that multiple instances of non-payment or payment failures may result in account suspension

8. Payments and Fees

TowUp charges fees for the use of our platform services. These fees may vary based on:

  • Type of user account (fleet owner or recovery professional)
  • Volume of service requests
  • Additional premium features selected
  • Geographic service area
  • Service type requested or provided

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:

  • Payment Verification: All payment methods must be verified and may be subject to additional authentication
  • Anti-Money Laundering (AML): We monitor transactions for suspicious activity and comply with AML regulations
  • Fraud Detection: Automated systems monitor for fraudulent transactions, unusual patterns, and suspicious activities
  • Identity Verification: Enhanced verification may be required for high-value transactions or suspicious accounts
  • Transaction Limits: Daily and monthly transaction limits may apply to prevent fraud and comply with regulations
  • Suspicious Activity Reporting: We reserve the right to report suspicious activities to appropriate authorities

User Obligations:

  • Users must immediately report any unauthorized transactions or suspicious account activity
  • Payment methods must be legitimately owned and authorized for use by the account holder
  • False or fraudulent payment information will result in immediate account termination
  • Users agree to cooperate with fraud investigations and provide requested documentation

Account Holds and Restrictions:

We may place holds on accounts or restrict transactions when:

  • Fraudulent or suspicious activity is detected
  • Payment disputes or chargebacks occur
  • Required verification documentation is not provided
  • Compliance with legal or regulatory requirements necessitates restrictions

9. Intellectual Property

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.

10. Limitation of Liability and Damage Disclaimer

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:

  • Damage to vehicles during towing, recovery, or transport
  • Loss of or damage to personal property
  • Delays in service provision
  • Personal injury or property damage
  • Acts or omissions of Service Providers
  • Service Provider negligence or misconduct
  • Insurance coverage disputes

FLEET OWNER ACKNOWLEDGMENT:

By using TowUp, Fleet Owners expressly acknowledge and agree that:

  • ALL LIABILITY FOR DAMAGES RESTS SOLELY WITH THE SERVICE PROVIDER
  • TOWUP HAS NO OBLIGATION TO PAY FOR OR COMPENSATE ANY DAMAGES
  • INSURANCE CLAIMS MUST BE FILED WITH THE SERVICE PROVIDER'S INSURANCE
  • TOWUP'S ROLE IS LIMITED TO VERIFYING INSURANCE DOCUMENTATION EXISTS

TowUp does not guarantee that Service Provider insurance will cover any specific claim or damage. Fleet Owners are encouraged to:

  • Review Service Provider insurance details before confirming orders
  • Document vehicle condition before service
  • Communicate directly with Service Providers about coverage concerns

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:

  • Your use or inability to use our platform
  • Any actions or services of recovery professionals
  • Any unauthorized access to your account
  • Any interruption or cessation of transmission to or from the platform
  • Any bugs, viruses, or other harmful code that may be transmitted via our platform
  • Any errors, inaccuracies, or omissions in the content or operation of our platform
  • Personal injury or property damage of any nature whatsoever resulting from your access to and use of our platform
  • Any delay or failure in performance resulting from causes beyond our reasonable control

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.

11. Indemnification

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:

  • Your use of the platform
  • Your violation of these terms
  • Your violation of any rights of another
  • Your conduct in connection with the platform
  • Your provision of inaccurate information
  • Any services provided to you by recovery professionals

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.

12. Dispute Resolution

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.

13. Termination

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.

14. Changes to Terms

We reserve the right to modify these terms at any time. For significant changes to the Terms of Service, we will:

  • Provide clear notice by updating the date and version number at the bottom of these terms
  • Display a prominent notification on our platform
  • Send an email notification to the email address associated with your account
  • Require affirmative acceptance of the updated terms before continued use of the platform for material changes

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.

15. Severability

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.

16. Force Majeure

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:

  • Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster)
  • War, invasion, hostilities, terrorist threats or acts, riot or other civil unrest
  • Government order, law, or action
  • Embargoes or blockades in effect on or after the date of this agreement
  • National or regional emergency
  • Strikes, labor stoppages or slowdowns or other industrial disturbances
  • Epidemics, pandemics, or outbreaks of disease
  • Power failures, telecommunications failures, and network or Internet failures

17. Assignment

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.

18. Governing Law

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.

19. Service Level Expectations

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.

20. Entire Agreement

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.

20.5. Technology Security and Cybersecurity

Platform Security Standards:

TowUp implements industry-standard security measures to protect our platform and user data:

  • End-to-end encryption for sensitive data transmission
  • Secure Socket Layer (SSL) encryption for all communications
  • Regular security audits and penetration testing
  • Multi-factor authentication capabilities
  • Automated threat detection and response systems
  • Regular security updates and patches

Data Encryption Requirements:

  • All personal and financial information is encrypted at rest and in transit
  • Payment card data is processed in compliance with PCI DSS standards
  • Encryption keys are securely managed and regularly rotated
  • Database encryption for all stored sensitive information

User Security Responsibilities:

Users are responsible for:

  • Maintaining the confidentiality of their account credentials
  • Using strong, unique passwords for their accounts
  • Enabling two-factor authentication when available
  • Immediately reporting any suspected security breaches
  • Keeping their devices and software updated with security patches
  • Not sharing account access with unauthorized individuals

Security Breach Notification:

In the event of a security breach that may affect user data:

  • We will notify affected users within 72 hours of discovery
  • Notification will include the nature of the breach and data involved
  • We will provide recommended actions for users to protect themselves
  • Law enforcement and regulatory authorities will be notified as required
  • We will conduct a thorough investigation and implement additional safeguards

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.

21. Accessibility

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.

21.5. Anti-Discrimination and Equal Access

Non-Discrimination Policy:

TowUp is committed to providing equal access to our platform for all users. We prohibit discrimination based on:

  • Race, color, or national origin
  • Religion or religious beliefs
  • Gender, gender identity, or gender expression
  • Sexual orientation
  • Age (except as required by law for minimum age requirements)
  • Disability or medical condition
  • Pregnancy or parental status
  • Military or veteran status
  • Genetic information
  • Any other characteristic protected by applicable law

Service Provider Obligations:

Service Providers agree to:

  • Provide services without discrimination to all Fleet Owners
  • Comply with all applicable civil rights and anti-discrimination laws
  • Provide reasonable accommodations for individuals with disabilities
  • Treat all users with respect and professionalism
  • Not refuse service based on protected characteristics

Fleet Owner Rights:

Fleet Owners have the right to:

  • Equal access to all Service Providers on the platform
  • Fair and non-discriminatory pricing
  • Professional service regardless of their background or characteristics
  • File complaints about discriminatory treatment

Accessibility Accommodations:

  • Service Providers must reasonably accommodate customers with disabilities
  • Accessible communication methods must be available upon request
  • Service animals and assistive devices must be accommodated
  • Alternative service arrangements may be required for accessibility

Reporting and Enforcement:

Users can report discrimination by:

  • Contacting our support team at support@gettowup.com
  • Using the in-app reporting features
  • Providing detailed information about the incident

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.

22. Data Privacy and Protection

Data Collection and Use:

We collect and process personal information in accordance with our Privacy Policy and applicable privacy laws, including:

  • Account registration and verification information
  • Service request and transaction data
  • Location data for service coordination
  • Communication records between users
  • Payment and billing information
  • Device and usage analytics

User Rights:

Under applicable privacy laws, users have the right to:

  • Access: Request copies of personal data we maintain
  • Correction: Request correction of inaccurate personal information
  • Deletion: Request deletion of personal data (subject to legal requirements)
  • Portability: Request transfer of data to another service provider
  • Restriction: Request limitation of data processing
  • Objection: Object to certain types of data processing

Data Retention:

  • Account data is retained while accounts are active
  • Transaction records are retained for 7 years for tax and legal compliance
  • Communication logs are retained for 3 years for dispute resolution
  • Deleted account data is purged within 30 days unless legally required to retain

International Data Transfers:

We may transfer personal data internationally for processing and storage. Such transfers are protected by:

  • Adequacy decisions from relevant privacy authorities
  • Standard contractual clauses approved by regulatory authorities
  • Other appropriate safeguards as required by law

Cookies and Tracking:

  • We use essential cookies for platform functionality
  • Analytics cookies help us improve our services (with consent where required)
  • Marketing cookies are used only with explicit consent
  • Users can manage cookie preferences through browser settings

Data Breach Procedures:

In case of a data breach affecting personal information:

  • We will assess the risk to affected individuals
  • High-risk breaches will be reported to authorities within 72 hours
  • Affected users will be notified without undue delay
  • We will provide clear information about the breach and recommended actions

Third-Party Data Sharing:

We only share personal data with third parties when:

  • Necessary for service delivery (payment processors, background check providers)
  • Required by law or legal process
  • With explicit user consent
  • For legitimate business purposes with appropriate safeguards

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.

22.5. Registration and Account Requirements

Service Provider Registration:

To register as a Service Provider, you must:

  • Provide valid business information and licenses
  • Upload current Certificates of Insurance meeting our minimum requirements
  • Agree to maintain continuous insurance coverage
  • Acknowledge your independent contractor status
  • Accept sole liability for services provided

Fleet Owner Registration:

To register as a Fleet Owner, you must:

  • Provide accurate business or personal information
  • Acknowledge that TowUp is a marketplace, not a service provider
  • Accept that all damage claims must be pursued with Service Providers
  • Agree to these Terms of Service including liability limitations

Ongoing Requirements:

  • Service Providers must update insurance documentation before expiration
  • Failure to maintain insurance results in automatic account suspension
  • False or fraudulent insurance documentation results in immediate termination

23. Contact Information

For questions about these Terms of Service, please contact us at:

Email: support@gettowup.com

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Last Updated: June 2, 2025