TowWinch Terms of Service
Effective date: October 23, 2026
1. Who we are and what these Terms cover
These Terms govern TowWinch websites, web workspaces, desktop software, and mobile applications that link to these Terms, including TowWinch services offered through towwinch.com, towdispatch.cloud, and toweta.com. The contracting provider is Pro365 LLC, PO Box 344, Vine Grove, KY 40175, doing business as TowWinch ("TowWinch," "we," "us"). Contact: [email protected].
By affirmatively accepting these Terms when creating an account or placing an order, you agree to them. If you accept for a business, you represent that you have authority to bind that business. "Customer" means that business or the individual purchasing the service. Authorized users must follow these Terms. A signed agreement controls over conflicting provisions here; an accepted order controls for its pricing, term, and stated service scope.
2. Our software and your operations
TowWinch provides software for towing dispatch, roadside assistance workflows, customer and vehicle records, impounds, fleet operations, invoices, reporting, and related communications. Availability depends on your plan and the released version. Separate products, including TowHooker, may have their own agreements. Linking accounts does not automatically enroll you in a separate paid service or make every feature available.
TowWinch is a software provider. The towing or recovery company is responsible for its own work, employees, charges, customer contracts, insurance, licenses, authorizations, and compliance. TowWinch does not take possession of vehicles or determine whether a tow, impound, release, lien, auction, or repossession is lawful. Notices, forms, signatures, fee calculations, maps, and templates require your review for accuracy and applicable requirements before use. Software records alone do not establish ownership, lien rights, consent, or authority to recover a vehicle.
The service is not an emergency response system. Contact emergency services directly when necessary. Do not operate the app while driving or perform unsafe work in reliance on app instructions.
3. Accounts and access
Business account holders must be at least 18 and able to enter a binding contract. Provide accurate account and billing information. Protect credentials, restrict access by role, promptly remove former staff, and report suspected unauthorized access. You are responsible for authorized users and activity under your control, except to the extent caused by TowWinch's failure to meet its obligations. Do not share seats or bypass plan limits. Administrators can manage users and access company records, communications, and location information available within their permissions.
4. Plans, trials, subscriptions, and payment
The plan or order shown before purchase states the price, billing interval, included calls, office users, drivers, locations, and any additional charges. Prices are in U.S. dollars unless stated otherwise. Applicable taxes and separately disclosed third-party usage charges may apply. SMS, payment processing, and paid lookups may have separate fees. Extra seats and add-ons require the purchasing customer's authorization.
The currently documented free offer is a 90-day trial for eligible first-time customers, with 25 new calls per month and one office user; it does not include mobile app access. One trial is available per customer. A paid plan is required to continue service after the trial. Returning customers must choose a paid plan. Trial access does not itself authorize a charge. Any conversion to paid service requires the price and recurring terms to be disclosed and affirmatively accepted before charging.
If you purchase an automatically renewing subscription, you authorize charges at the agreed interval until canceled. Review the checkout confirmation for the billing date and renewal terms. Cancel through the billing controls provided in your account or email [email protected] from an authorized account address before the next renewal. We will confirm the cancellation and its effective date. Cancellation stops future renewals; access ordinarily continues through the paid period. Except where law, an accepted order, or our written refund commitment requires otherwise, fees for an elapsed or partially used billing period are not refundable. This does not restrict statutory remedies or billing-error disputes.
We will disclose any proposed renewal price change before it takes effect and allow you to cancel before the changed charge; additional notice or consent will be provided where required. Existing pricing commitments and signed orders remain controlling. We may restrict paid features for overdue undisputed charges after notice and an opportunity to resolve the issue, except where immediate action is needed for fraud or security. We will not charge an undisclosed overage merely because a limit is reached.
5. Your records, permissions, and acceptable use
You retain rights in the records and content you submit. You authorize us and providers working on our behalf to host, copy, transmit, display, back up, and otherwise process that content as necessary to operate, secure, and support the service and carry out your instructions. This permission does not transfer ownership to us.
Only submit information you are authorized to process. Obtain required notices, consents, and other lawful permissions for employee and driver tracking, customer communications, signatures, photos, vehicle information, and information about other people. Limit sensitive uploads to what is necessary. Do not upload payment security codes, passwords for unrelated services, or unnecessary Social Security numbers.
Do not use the service for unlawful surveillance, harassment, unauthorized vehicle searches, misleading notices, spam, fraud, malware, infringement, unauthorized access, or unlawful towing or recovery. Do not defeat access controls, scrape private records, or disrupt the service. Any regulated motor vehicle records or third-party databases require an applicable permitted purpose and provider authorization; a software account does not grant either.
6. GPS, communications, signatures, and public links
Location accuracy and update timing vary with permission settings, connectivity, hardware, and service availability. Customers must inform tracked users about the location collection and access their deployment involves. Routing and estimated arrival times are estimates. Photos, condition diagrams, and electronic signatures must be checked for completeness, attribution, and suitability for the transaction.
Customers control the recipients and content of communications sent on their behalf and must obtain required consent and honor opt-outs. Accepting these Terms is not consent to marketing calls or texts. Carrier charges may apply. Delivery of texts, email, push notifications, or dispatch offers is not guaranteed. Use another method for urgent or legally time-sensitive communications.
Share tracking, vehicle lookup, document, and payment links only with intended recipients. A recipient may forward a link. Do not place confidential information in public lookup fields or share a link unless the disclosure is authorized. Vehicle lookup results do not establish entitlement to a vehicle or authorize release.
7. Integrations, previews, and offline work
Third-party payment, mapping, communications, accounting, motor-club, and other services have their own terms, approvals, and availability. Connecting an integration authorizes the exchanges described in its setup and permissions. Disconnect integrations you no longer need. A planned or advertised integration is available only when actually enabled for your account.
Preview and beta versions, including Android preview builds, may contain defects or change. Maintain appropriate copies of critical records. Offline drafts, photos, signatures, and queued changes may remain on the device until successfully uploaded. An item is not confirmed saved to the server until the app confirms synchronization. Review unsent work before signing out, switching accounts, clearing storage, or uninstalling. Demo environments use sample records; do not enter real confidential information into them.
8. Privacy and confidentiality
Our Privacy Policy explains our handling of personal information. For operational records processed on a business customer's instructions, the customer determines the purposes of processing, and TowWinch provides the processing service. Where law requires a separate data processing agreement, it must be completed before the relevant processing begins. Both parties will protect nonpublic business information received from the other and use it only to fulfill this relationship, except for authorized or legally required disclosures. This obligation does not cover information lawfully public, independently developed, or lawfully received without restriction.
9. Ownership and feedback
We and our licensors retain rights in the software, design, documentation, and trademarks. While your account is authorized, we grant a limited, nonexclusive right to use the service for your business under your plan. You may not sell access, copy protected software beyond legally permitted use, or reverse engineer it except where applicable law permits. You may voluntarily provide feedback and allow us to use it without compensation; this does not grant rights in your private operational records.
10. Suspension, termination, and data access
You may stop using the service and cancel renewal as described above. We may suspend or terminate access for material violations, nonpayment, unlawful use, or security threats. Where practical, we will give notice and an opportunity to cure before doing so. Restrictions will be proportionate to the issue. If we permanently discontinue a paid service for reasons unrelated to your breach, we will give reasonable advance notice and refund prepaid fees for the unused discontinued period.
Export records using available tools before your access ends, or contact support for available export assistance. Free workspaces and uploads are scheduled for removal after the trial ends unless upgraded. Review the scheduled removal date shown in your account and export needed records before the trial expires. Contact support promptly if the account date differs from the offer you accepted. A post-trial retention interval does not guarantee continued service access. Paid-account deletion and export arrangements follow the retention schedule disclosed for your account or agreed with support; do not assume indefinite storage. Legal holds, fraud prevention, required financial records, and backup cycles may affect deletion. Offline copies and exports held by you are your responsibility.
11. Service limitations and warranties
We will use reasonable care in providing the service. To the extent permitted by law, and except for express commitments in an accepted written agreement, the service is provided "as is" and "as available" without implied warranties of merchantability, fitness for a particular purpose, or noninfringement. We do not promise uninterrupted availability, error-free records, successful collection of invoices, legal sufficiency of a form, or acceptance of a dispatch or claim. Nothing here excludes a warranty or remedy that cannot legally be excluded.
12. Liability
To the fullest extent permitted by law, neither party is liable under these Terms for indirect, incidental, special, consequential, or punitive damages, or lost profits or revenue. Each party's aggregate liability arising out of these Terms is limited to the greater of USD $100 or fees paid or payable by the Customer to TowWinch for the affected service in the 12 months before the event giving rise to the claim.
These exclusions and cap do not apply to fraud, willful misconduct, gross negligence, death or personal injury caused by negligence where exclusion is prohibited, or liability that applicable law does not allow the parties to limit. They do not excuse payment of properly owed subscription fees. This section does not limit data-protection rights or regulatory remedies that cannot be waived.
13. Disputes and applicable law
Contact [email protected] with a description of a dispute so we can try to resolve it. This does not prevent either party from seeking urgent relief or preserving a claim before a deadline. These Terms are governed by the law of Kentucky, United States, excluding conflict-of-law rules. Subject to mandatory law and any nonwaivable consumer rights, state or federal courts in Kentucky with jurisdiction will hear disputes. These Terms do not impose mandatory arbitration or waive class proceedings.
14. Changes and general provisions
We may update these Terms and will provide reasonable advance notice of material changes by email or an in-service notice, including the effective date. Where affirmative acceptance is required, we will request it. Changes do not retroactively alter an existing dispute. If you do not accept a material change, you may cancel before it takes effect, subject to mandatory rights. A provision found unenforceable will be limited or severed while the remainder stays effective. A failure to enforce a provision is not a waiver. Neither party may assign these Terms without the other's consent, except to a successor in a merger, reorganization, or sale of the relevant business that assumes these obligations. These Terms, accepted orders, and any signed agreements form the agreement for the covered service.
15. Contact
Pro365 LLC d/b/a TowWinch
PO Box 344, Vine Grove, KY 40175