1. The agreement
These Terms of Service ("Terms") are a binding agreement between you and Towit LLC ("Towit," "we," "us"). They govern your use of the Towit mobile app, our website, and any related services (together, the "Service"). By creating an account, you agree to these Terms and to our Privacy Policy. If you don't agree, please don't use Towit.
2. What Towit is (and isn't)
Towit is a marketplace that connects people who need a tow ("customers") with independent tow truck operators ("drivers") nearby. Towit itself does not own tow trucks, employ drivers, or provide towing services. Each tow is a transaction directly between you and the other party.
3. Eligibility
- You must be at least 16 years old to use Towit as a customer.
- You must be at least 18 years old to use Towit as a driver.
- You must have legal capacity to enter contracts in your jurisdiction.
- You must not be barred from using the Service under U.S. or applicable export-control laws.
- Drivers must hold a valid driver's license, appropriate commercial / towing credentials required in their state, and active commercial liability and on-hook insurance covering the vehicles they tow.
4. Your account
- You're responsible for keeping your password secret and your account secure.
- You agree to provide accurate, current information about yourself and to keep it up to date.
- You may only use Towit for personal or business purposes that are legal in your area.
- You can delete your account at any time from Profile → Delete Account in the app.
5. If you're a customer
- You can request a tow either by broadcasting to nearby verified drivers or by tapping a specific driver on the map.
- Drivers may accept, decline, or ignore your request. Towit does not guarantee that any driver will accept.
- Once a driver accepts and you confirm the match, you and the driver agree directly on price, pickup location, and destination.
- You're responsible for being safe at the pickup location, providing accurate vehicle details, and paying the agreed price for the service rendered.
- Once your tow is completed and you've left a review, the transaction with that driver is final.
6. If you're a driver
6.1 Independent contractor status
You are an independent operator. Nothing in these Terms creates an employment, partnership, joint-venture, or agency relationship between you and Towit. You set your own rates, choose which jobs to accept, decide your own hours, and are solely responsible for taxes on the income you earn.
6.2 Verification & "Verified" badge
You may choose to complete identity verification through our third-party provider. Until you complete it, your profile will show as self-reported rather than verified. Misrepresenting your identity, license, or business status is grounds for immediate removal from the Service.
6.3 Insurance & licensing
You represent that you carry valid commercial auto liability, on-hook, garage-keeper's, and any other insurance required by the state(s) in which you operate, and that you hold every license and permit required to tow vehicles for hire. You agree to provide proof on request and to keep your coverage active while listed on Towit.
6.4 Conduct on a job
- Show up in the truck and condition described in your profile.
- Honor the price you and the customer agree on. No bait-and-switch pricing.
- Handle the customer's vehicle and belongings with reasonable care. Damage you cause is on you and your insurance, not Towit.
- Don't refuse a customer for any reason that violates anti-discrimination law.
7. Payments
For now, payments for tow services are handled directly between the customer and driver in person (cash, card terminal, mobile payment app, etc.). Towit does not collect or process the tow fee. In a future release, we may enable in-app payment processing through a third-party provider; if so, separate payment terms will apply at that time and you'll be asked to opt in.
The optional driver "Notify Customer of Payment Due" feature inside Towit is a communication tool only. It is not a payment processor or an escrow service.
8. Driver subscriptions
Some driver features may be sold as a recurring subscription (e.g., monthly access to job notifications, premium placement). If you purchase a subscription:
- Billing is handled by Apple through your App Store account. Your subscription renews automatically at the end of each period unless you cancel at least 24 hours before the renewal date.
- You can manage or cancel from your iPhone's Settings → [Your Name] → Subscriptions.
- Refunds are governed by Apple's standard refund policy. Towit can't directly refund App Store purchases.
- If we change the subscription price, we'll notify you in advance and require you to re-opt-in before the new price takes effect.
9. Acceptable use
You agree NOT to use Towit to:
- Harass, threaten, stalk, defame, or harm any other user.
- Solicit business outside of the app to avoid fees or accountability.
- Misrepresent your identity, location, vehicle, or credentials.
- Tow vehicles without the legal right to do so (e.g., predatory towing, towing vehicles not authorized for removal).
- Scrape, reverse-engineer, decompile, or attempt to access non-public parts of the Service.
- Upload viruses, malware, or otherwise interfere with the Service.
- Use Towit for any unlawful purpose or in violation of these Terms.
We reserve the right to remove content, suspend, or terminate any account that violates these rules, with or without notice.
10. Our content
Towit's name, logo, app design, source code, and the artwork inside the app are owned by Towit LLC and protected by intellectual-property law. We grant you a limited, non-exclusive, non-transferable license to use the app on your iOS device for personal or business use, subject to these Terms. You agree not to copy, modify, or create derivative works of the Service without our written permission.
Content you submit (profile photo, truck photo, bio, messages, reviews, etc.) remains yours. By submitting it, you grant Towit a worldwide, royalty-free license to display it to the other party in a tow conversation and otherwise as needed to operate the Service.
11. Disclaimer
The Service is provided "AS IS" and "AS AVAILABLE." To the fullest extent permitted by law, Towit disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted availability.
Towit makes no representation or warranty about the quality, safety, legality, or reliability of any tow service provided by any driver, or about the conduct of any customer. We do not pre-screen, supervise, or guarantee any user's identity, character, or credentials beyond the verification check (if any) noted on their profile.
12. Limitation of liability
To the maximum extent permitted by law, in no event will Towit, its officers, employees, or affiliates be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages — including lost profits, lost data, loss of goodwill, personal injury, vehicle damage, or death — whether arising in contract, tort, or otherwise, even if Towit has been advised of the possibility of those damages.
Towit's total liability to you for any claim arising out of or relating to the Service will not exceed the greater of (a) one hundred U.S. dollars ($100) or (b) the total amount you have paid to Towit in the twelve months preceding the claim.
Some jurisdictions do not allow these limitations, so they may not apply to you.
13. Indemnification
You agree to defend, indemnify, and hold harmless Towit and its officers, employees, and affiliates from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any law or third-party right, or (d) any tow you provided or received through the Service.
14. Arbitration & class-action waiver
Mandatory arbitration. You and Towit agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service by binding arbitration administered by JAMS under its Streamlined Arbitration Rules, rather than in court — except that either party may bring an individual claim in small-claims court if it qualifies.
The arbitration will be conducted in the English language and held in [your home county and state — fill in before publishing], or by videoconference if both sides agree. The arbitrator's decision will be final and may be entered as a judgment in any court of competent jurisdiction.
Class-action waiver. You and Towit each agree that any claim will be brought solely in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
30-day opt-out. You may opt out of this arbitration agreement by emailing legal@towitapp.com within 30 days of first creating your Towit account. Include your full name, email address, and the statement "I opt out of arbitration."
15. Termination
You can stop using Towit at any time by deleting your account. We may suspend or terminate your account if you violate these Terms, create risk for other users, or for any other reason in our reasonable discretion. Sections 7–18 survive termination.
16. Changes
We may update these Terms from time to time. When we make material changes, we'll notify you in the app or by email at least 14 days before the changes take effect. Your continued use of the Service after that means you accept the updated Terms.
17. Miscellaneous
- Governing law: These Terms are governed by the laws of [your home state — fill in before publishing], without regard to its conflict-of-laws rules.
- Severability: If any part of these Terms is found unenforceable, the rest will still apply.
- No assignment by you: You can't transfer your account or these Terms without our written consent. We may assign them to a successor.
- Entire agreement: These Terms and the Privacy Policy are the complete agreement between you and Towit about the Service.
- Apple Notice: If you use Towit on an Apple device, you acknowledge that Apple is a third-party beneficiary of these Terms with the right to enforce them, and that Apple has no obligation to provide support or warranty for the app.
18. Contact
Questions about these Terms? Email legal@towitapp.com or write to:
Towit LLC
[Mailing address — fill in before publishing]
[City, State ZIP]