Effective Date: July 16th, 2025
Welcome to Towboss. These Terms of Service (“Terms”) govern your access to and use of the Towboss website, mobile app, and services (collectively, the “Platform”). By contacting us or using our services, you agree to these Terms. If you do not agree, do not use the Platform.
1. Service Description
Towboss is a technology platform that connects users (“Customers”) with independent towing service providers (“Tow Providers”) and third-party merchants such as mechanics and repair shops (“Merchants”). Towboss does not own, operate, or control Tow Providers or Merchants. We simply facilitate the connection between users and these third parties.
2. User Communications and Consent
By contacting Towboss or using our services, you consent to receive phone calls and SMS messages related to your service requests, account setup, and other communications necessary for the fulfillment of your request. Message frequency will vary depending on use. Message and data rates may apply. You may opt out by replying “STOP” to any text message or contacting us directly.
3. Account Creation
When you call Towboss, a customer representative may collect your information and create an account on your behalf. You are responsible for the accuracy of the information provided. You agree to keep your contact and location information current and accurate.
4. Use of the Platform
You agree to use Towboss solely for lawful purposes. You may not use the Platform to:
- Engage in fraudulent activity
- Interfere with the operation of the Platform
- Solicit services not related to towing or listed merchants
Towboss reserves the right to suspend or terminate your access if you violate these Terms.
5. Third-Party Services Disclaimer
Towboss connects you with independent third-party towing providers and independent merchants. These parties are not employees, agents, or subcontractors of Towboss.
Towboss does not guarantee, warrant, or assume responsibility for:
- The actions or omissions of any Tow Provider
- The quality, safety, or availability of any towing services
- The condition, pricing, or performance of any Merchant or their services
By using our service, you acknowledge that Towboss is not liable for any harm, injury, damage, delay, or loss caused by a Tow Provider or Merchant, including but not limited to negligent operation, service issues, or property damage.
6. Limitation of Liability
To the maximum extent permitted by law, Towboss shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Platform or your interaction with Tow Providers or Merchants. Towboss’ total liability to you for any claim shall not exceed the amount paid by you for the applicable service, if any.
7. Indemnification
You agree to indemnify, defend, and hold harmless Towboss and its affiliates, officers, employees, and agents from any claims, damages, liabilities, losses, or expenses (including attorneys’ fees) arising out of your use of the Platform, your violation of these Terms, or your interactions with Tow Providers or Merchants.
8. No Guarantee of Availability
While we strive to offer fast and reliable towing coordination, Towboss makes no guarantees regarding the availability, response time, or completion of any towing request or Merchant service.
9. Intellectual Property
All content on the Platform, including text, graphics, logos, and software, is the property of Towboss or its licensors. You may not copy, modify, distribute, or reverse engineer any part of the Platform without our written consent.
10. Modifications to Terms
Towboss may update these Terms at any time. Changes will be posted on the Platform with an updated effective date. Your continued use of the service after changes are posted constitutes acceptance of the revised Terms.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles, except where preempted by federal law.
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Towboss Platform will be resolved through binding individual arbitration, rather than in court, except as otherwise provided under applicable law. You agree to waive any right to a jury trial or to participate in a class action.
The arbitration will be administered by a recognized arbitration organization (such as the American Arbitration Association) under its applicable rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
You and Towboss agree that any arbitration will take place on an individual basis only and not in a class, consolidated, or representative proceeding. If any provision of this arbitration agreement is found unenforceable, the remainder will still apply.
For any claims that are not subject to arbitration, you and Towboss agree to submit to the exclusive jurisdiction of the state and federal courts located in Harris County, Texas.
12. Contact Us
If you have questions about these Terms, please contact us at:
Email: [email protected]