TowPin Terms of Service

Effective Date: May 7, 2026 | Version: 1.0

These Terms of Service (the "Terms") form a binding agreement between TowPin LLC, an Arizona limited liability company ("TowPin," "we," "us," or "our"), and the business that has registered for the Service ("Vendor," "you," or "your"). By clicking "I agree," signing in with a third-party identity provider, or otherwise using the Service, you agree to these Terms.

If you are accepting these Terms on behalf of a business, you represent that you have authority to bind that business.

1. The Service

TowPin provides a software-as-a-service dispatch platform that lets Vendor:

Create and track tow job records
Send automated SMS messages to customers and drivers
Match and dispatch drivers and vehicles
Collect customer payments via Stripe Connect

TowPin is a software provider only. TowPin does not perform towing services, employ drivers, set rates, or guarantee any outcome of any towing operation. Vendor is solely responsible for the towing services it performs through the Service.

2. Eligibility and Accounts

Vendor must be a legally formed business authorized to perform towing services in each jurisdiction where it operates. Vendor must provide accurate registration information and keep it current. Vendor is responsible for the security of all account credentials and for all activity under the account. Vendor must promptly notify TowPin of any unauthorized access at security@towpin.net.

3. Acceptable Use

Vendor will not, and will not permit any user, to:

(a) Send SMS or any communication to any person who has not given prior express consent to receive that communication.

(b) Use the Service for any unlawful purpose, including violation of towing industry licensing, insurance, or rate regulations.

(d) Resell, sublicense, or grant access to the Service to any third party without TowPin's prior written consent.

(e) Upload or transmit malicious code or content that infringes third-party rights.

(f) Create multiple accounts to circumvent free-tier limits or Service restrictions.

Vendor is solely responsible for ensuring its drivers hold all required licenses, insurance, and authority to perform tow services.

4. SMS Consent

Vendor represents and warrants that, for every customer phone number entered into the Service, the customer has given prior express consent to receive SMS messages relating to the requested towing service. Vendor will defend and indemnify TowPin against any claim under the Telephone Consumer Protection Act (47 U.S.C. § 227), the Florida Telephone Solicitation Act, the Texas Business & Commerce Code, or any analogous federal or state statute, arising from messages sent at Vendor's direction.

5. Fees and Payment

(a) Metered usage. Vendor authorizes TowPin to charge the payment method on file weekly for usage at $1.00 per job created, plus any subscription fees for the chosen plan.

(b) Subscriptions. Subscription fees are non-refundable except as required by law. Vendor may cancel a subscription at any time through the Settings page; cancellation takes effect at the end of the then-current billing period.

(c) Free credits. New accounts receive ten (10) job credits at signup. Credits have no cash value and expire on account termination.

(d) Suspension. Failure to pay an undisputed invoice within ten (10) days may result in suspension. Vendor remains responsible for fees accrued before suspension.

(e) Taxes. Fees are exclusive of taxes. Vendor is responsible for all applicable sales, use, and similar taxes; TowPin will collect and remit where required.

6. Stripe Connect

Customer payments processed through the Service are handled by Stripe, Inc. under Stripe's Connected Account Agreement, which Vendor agrees to as a condition of using payment features. TowPin retains a platform fee equal to 2% of the tow amount on each successful charge, capped at $20.00 USD per job. Stripe processing fees are charged separately and deducted from Vendor's settlement. TowPin is not a bank, money transmitter, or payment processor. Funds flow directly from the customer to Vendor's connected Stripe account.

7. Intellectual Property

(a) TowPin Property. TowPin owns all rights, title, and interest in the Service, including software, designs, trademarks, and documentation. No rights are granted except as expressly stated in these Terms.

(b) Vendor Data. Vendor retains ownership of all data Vendor or its users submit to the Service ("Vendor Data"). Vendor grants TowPin a worldwide, non-exclusive, royalty-free license to host, process, transmit, and display Vendor Data solely as necessary to operate, maintain, and improve the Service.

8. Privacy

TowPin processes personal information as described in our Privacy Policy and the Data Processing Addendum, which is incorporated into these Terms by reference. With respect to personal information about Vendor's customers and drivers, Vendor is the controller and TowPin is the processor.

9. Service Availability

The Service is provided "as available." TowPin does not guarantee uninterrupted access. Service-level commitments, if any, are described at towpin.net/sla and apply only to the subscription tier specified.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TOWPIN DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TOWPIN DOES NOT WARRANT SMS DELIVERY, GPS ACCURACY, MAP DATA, ROUTING, ESTIMATED ARRIVAL TIMES, OR ANY DISPATCH OUTCOME. TOWPIN MAKES NO WARRANTY REGARDING ANY DRIVER, VEHICLE, OR TOWING OPERATION.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOWPIN'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE FEES PAID BY VENDOR TO TOWPIN IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

IN NO EVENT WILL TOWPIN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Indemnification

Vendor will defend, indemnify, and hold harmless TowPin and its officers, members, employees, and agents from any third-party claim, demand, suit, or proceeding, and any related losses, damages, costs, and expenses (including reasonable attorneys' fees), arising out of or related to:

(a) Vendor's tow operations, including damage to vehicles, injury to persons, or other harm caused by Vendor or its drivers;

(b) SMS or other communications sent at Vendor's direction;

(d) Vendor's representations, warranties, or attestations to TowPin.

13. Term and Termination

(a) Term. These Terms remain in effect while Vendor uses the Service.

(b) Termination for convenience. Either party may terminate for convenience on thirty (30) days' written notice.

(c) Termination for cause. TowPin may suspend or terminate immediately for non-payment, breach of these Terms, or unlawful use.

(d) Effect. Upon termination, Vendor's access ends and Vendor may export Vendor Data within thirty (30) days, after which TowPin may delete it.

(e) Survival. Sections 4, 5, 7, 8, 10, 11, 12, 14, 15, and 16 survive termination.

14. Changes to the Terms

TowPin may update these Terms. Material changes will be notified by email or in-app notice at least thirty (30) days before the effective date. Continued use of the Service after the effective date constitutes acceptance.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law principles.

Any dispute arising out of or related to these Terms will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, in Phoenix, Arizona, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver. Each party waives any right to bring or participate in a class, collective, or representative action.

Exception. Either party may bring an action in court for injunctive or equitable relief to protect intellectual property rights or confidential information.

16. Miscellaneous

(a) Entire agreement. These Terms, together with the Privacy Policy, DPA, and any order form, constitute the entire agreement between the parties.

(b) Severability. If any provision is held unenforceable, the remainder will remain in effect.

(d) Assignment. Vendor may not assign these Terms without TowPin's prior written consent. TowPin may assign in connection with a merger, acquisition, or sale of substantially all assets.

(e) No agency. No agency, partnership, joint venture, or employment relationship is created between the parties.

(f) Notices. Notices to TowPin: legal@towpin.net. Notices to Vendor: the email address on the account.

TowPin LLC
legal@towpin.net