TowGrid Marketplace Agreement

TowGrid operates a technology marketplace, communication service, and dispatch platform that connects independent customers ("Customers") who need towing or roadside assistance with independent third-party service companies ("Providers").

TowGrid is not a towing company, motor carrier, transporter, recovery company, storage facility, or repair shop. TowGrid does not provide towing, roadside assistance, transportation, recovery, winching, loading, unloading, storage, repair, fuel delivery, lockout, jump-start, or any other physical service. Every physical service ordered through the platform is performed by an independent Provider under its own authority, licenses, insurance, and control.

TowGrid's role is limited to hosting the marketplace, transmitting service requests, facilitating communication, calculating quotes from Provider-supplied rates, processing payments through third-party payment processors, and maintaining transaction records.

The Customer and the Provider are separate, independent parties who contract directly with one another for the physical service. TowGrid is not a party to that service contract except as expressly stated for payment facilitation.

Nothing in these Terms creates an agency, partnership, joint venture, employment, franchise, or fiduciary relationship between TowGrid and any Provider, or between TowGrid and any Customer. No party may bind, obligate, or make representations on behalf of another.

Each Provider is solely and exclusively responsible for, and assumes all risk relating to: its vehicles and trucks; its drivers, employees, and subcontractors; its equipment, straps, dollies, hooks, and lifting gear; towing, winching, and recovery operations; loading, unloading, and transport; storage and impound; roadside assistance work; vehicle handling and custody; damage to any vehicle, cargo, property, or premises caused during or in connection with its service; personal injury or death caused by the Provider, its drivers, employees, or subcontractors; compliance with all applicable federal, state, and local laws and regulations; obtaining and maintaining all required licenses, permits, and operating authority; maintaining required insurance; and the conduct of all of its personnel and contractors.

Each Customer is responsible for: the accuracy and completeness of all information it submits; correct pickup and destination information; confirming that it owns the vehicle or is authorized by the owner to request service and authorize movement of the vehicle; payment obligations, including prepayment for services; removing and safeguarding personal property from the vehicle; the instructions it gives to a Provider; its own conduct and the conduct of anyone at the service location on its behalf; and complying with applicable law.

The platform is provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, TowGrid makes no warranty or guarantee regarding: Provider availability; response time; arrival time; job acceptance or completion; final price; quality or workmanship; safety; the condition of any vehicle before, during, or after service; or any Provider's performance, conduct, licensing, or insurance status. Estimated times and quotes are estimates only.

Towing, recovery, and roadside assistance take place in inherently hazardous environments, including active roadways. To the maximum extent permitted by applicable law, the Customer and the Provider each knowingly assume the risks arising from the physical service and allocate those risks between themselves as the parties performing and receiving the service.

To the maximum extent permitted by applicable law, each Customer and each Provider releases TowGrid from claims arising out of the physical service performed or received, the acts or omissions of the other party, and conditions at the service location.

This release does not apply to, and does not purport to waive, any claim that cannot lawfully be released or waived under applicable law. Nothing in this section excludes or limits liability to the extent such exclusion or limitation is prohibited by applicable law.

To the maximum extent permitted by applicable law, TowGrid and its owners, officers, directors, employees, contractors, and affiliates shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages; lost profits; lost revenue; lost business or business interruption; loss of use; loss of data; property damage; or personal injury claims arising out of services performed by independent Providers — whether based in contract, tort, strict liability, statute, or otherwise, and whether or not TowGrid was advised of the possibility of such damages.

To the maximum extent permitted by applicable law, TowGrid's total aggregate liability for all claims arising out of or relating to the platform or a particular job shall not exceed the greater of (a) the total amount of marketplace fees actually received by TowGrid from the claiming party in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, the exclusions and limitations above apply only to the fullest extent permitted, and TowGrid's liability is limited to the smallest amount permitted by law. Nothing in these Terms excludes or limits liability to the extent such exclusion or limitation is prohibited by applicable law.

These Terms do not purport to waive, release, or limit any claim that cannot legally be waived, released, or limited, including — where applicable law so provides — claims based on gross negligence, willful misconduct, fraud, or intentional wrongdoing.

Each Provider remains fully responsible for its own negligence, gross negligence, willful misconduct, and intentional misconduct. Each Customer remains fully responsible for its own negligence, gross negligence, willful misconduct, and intentional misconduct. Any limitation of liability in favor of TowGrid applies only to the maximum extent legally enforceable in the applicable jurisdiction.

Provider indemnity. To the maximum extent permitted by applicable law, each Provider shall defend, indemnify, and hold harmless TowGrid and its owners, officers, directors, employees, contractors, and affiliates from and against any claim, demand, action, loss, liability, damage, fine, penalty, cost, or expense (including reasonable attorneys' fees) arising out of or relating to the Provider's services; negligence; gross negligence; willful or intentional misconduct; vehicle operation; driver conduct; property damage; personal injury; death; regulatory or safety violations; licensing or permit violations; failure to maintain required insurance; misclassification or wage claims by its personnel; and any breach of these Terms or the Provider Agreement.

Customer indemnity. To the maximum extent permitted by applicable law, each Customer shall indemnify and hold harmless TowGrid from claims arising out of the Customer's own conduct, misrepresentations, inaccurate or fraudulent information, lack of authority to request movement of a vehicle, instructions given to a Provider, non-payment, or violation of law or these Terms. The Customer's indemnity does not extend to claims arising from a Provider's performance of a service.

Providers must maintain, at their own expense, commercially appropriate insurance for the services they perform, and must provide certificates or other evidence of coverage promptly upon request. Coverage recorded in the TowGrid provider profile includes:

• Commercial Auto Liability (carrier, policy number, limit, expiration)
• Commercial General Liability (carrier, policy number, limit, expiration)
• Garagekeepers / On-Hook / Cargo coverage appropriate to vehicles in the Provider's care, custody, or control
• Workers' Compensation where legally required, or a documented exemption
• Any other coverage required by applicable law or by a Customer's contract

Coverage that lapses or expires may result in suspension from job matching. TowGrid does not verify, underwrite, or guarantee the adequacy of any Provider's insurance.

Each Provider represents and warrants, on an ongoing basis, that it:

• Is legally authorized to operate in each jurisdiction where it accepts jobs
• Holds and maintains all required licenses, permits, and operating authority
• Maintains the insurance described above
• Uses properly licensed, qualified, and legally eligible drivers
• Maintains safe, roadworthy, and properly maintained equipment
• Will comply with all applicable laws, regulations, and safety requirements

TowGrid does not:

• Own, lease, or operate Provider vehicles or equipment
• Employ, hire, supervise, or discipline Provider drivers or personnel
• Direct or control the physical work performed by a Provider
• Control a Provider's methods, routes, schedules, or techniques
• Guarantee any Provider's performance

Providers determine whether to accept a job, how to perform it, and what equipment and personnel to use.

Disputes arising from a physical towing or roadside service — including alleged vehicle damage, delay, workmanship, conduct, or property loss — are primarily disputes between the Customer and the Provider, who are the parties to the service.

TowGrid may, at its discretion, provide communication logs, job records, timestamps, quotes, and transaction records to assist the parties or an insurer, and may suspend accounts. Providing records does not make TowGrid the service provider, an insurer, an adjuster, or an arbiter of fault.

To the maximum extent permitted by applicable law, any dispute between you and TowGrid that is not resolved informally within thirty (30) days of written notice shall be resolved by binding individual arbitration administered by a recognized arbitration provider under its consumer or commercial rules, before a single arbitrator, in the county of your residence or principal place of business or another mutually agreed location.

To the maximum extent permitted by applicable law, disputes will be arbitrated on an individual basis only, and you and TowGrid waive any right to participate in a class, collective, consolidated, or representative action against the other.

Exceptions. This section does not apply to: claims that may be brought in small-claims court; requests for injunctive or equitable relief regarding intellectual property or platform misuse; representative claims that cannot lawfully be waived; and any dispute where arbitration or a class waiver is prohibited or unenforceable under applicable law. Where you have a right to opt out of arbitration under applicable law, you may do so by written notice submitted through our contact form (select the "Legal" topic) within thirty (30) days of first accepting these Terms.

These Terms are governed by the laws of the State of Michigan, without regard to its conflict-of-laws rules, except where the law of your state of residence or the state where the service was performed applies on a mandatory basis — in which case that law governs to the extent required. Nothing in this section deprives a consumer of the protection of mandatory provisions of the law of the consumer's home jurisdiction. This provision is commercially reasonable for a nationwide marketplace and should be confirmed by counsel prior to production use.

You must affirmatively accept these Terms before using the marketplace. Acceptance is recorded through a deliberate action — checking the acceptance box and selecting "I Agree." Continued or passive use of the website alone is not acceptance.

For each acceptance, TowGrid records:

• User ID
• Account type (customer, provider, or admin)
• Document key and terms version
• Timestamp of acceptance
• Acceptance method and acceptance event
• Associated transaction or job ID, when acceptance occurs at checkout
• IP address and device/browser information where legally appropriate

Each legal document is versioned (terms_version) and each acceptance record stores accepted_at, accepted_by, and acceptance_method. When a new version takes effect, users must accept the current version before continuing to use the marketplace. The current version of this document is 2026-09-06.1, effective September 6, 2026.

See the Customer Terms, the Provider Agreement, the Terms of Service, and the Privacy Policy. Privacy practices are addressed only in the Privacy Policy.