TowMarshall Terms of Service

Last updated: October 16, 2026
Service provider: Marshall Services LLC, doing business as TowMarshall
Legal notices and support: support@towmarshall.com

1. Agreement and scope

These Terms of Service (“Terms”) govern access to the TowMarshall business-management platform, related websites at towmarshall.com, mobile applications, and subscriber portals (together, the “Service”). The agreement is between Marshall Services LLC, doing business as TowMarshall (“TowMarshall,” “we,” “us,” or “our”), and the subscribing business (“Subscriber,” “you,” or “your”).

By signing up for an account or logging in after being presented with reasonably conspicuous notice that the action you are taking signifies agreement to these Terms, and an opportunity to review the linked Terms and Privacy Policy, you agree to these Terms. Acceptance through signup requires notice identifying signup as the action that signifies agreement; acceptance through login requires notice identifying login as that action. No separate acceptance checkbox is required by this process. Merely receiving an invitation or viewing a page does not constitute acceptance. An authorized Subscriber may also accept through an order incorporating these Terms.

You must be at least 18 to enter this agreement. If you accept on behalf of the Subscriber, you represent that you have authority to bind it. An individual who lacks that authority may accept only the individual User obligations described in Section 2. If you do not agree, do not sign up or log in; contact support@towmarshall.com for cancellation or to exercise a right that applicable law requires us to honor without logging in. Changes for existing Subscribers and Users remain subject to Section 15.

We record the user ID, Terms version, timestamp, IP address, and user agent on each sign-in as evidence of the sign-in event and the version associated with it. Those records do not replace the notice and acceptance requirements above or any additional consent required by law. Agreement to these Terms does not itself supply consent for optional marketing, recording, tracking, or other processing that requires separate consent.

The Service is offered for business use. These Terms do not establish the terms of a tow, storage, vehicle release, property-management arrangement, loan, repossession, or other transaction between you and someone else. You are responsible for those separate agreements.

These Terms incorporate an accepted order, any applicable data-processing addendum, and the Privacy Policy at https://towmarshall.com/privacy. A signed order controls an expressly identified commercial conflict; a data-processing addendum controls a personal-data conflict; otherwise these Terms control. Separate SMS terms at https://towmarshall.com/terms govern the messaging matters they expressly address. Accepting this subscription does not itself provide anyone's consent to receive marketing texts.

2. Access, users, and ownership of the Service

During an active subscription, we grant you a limited, nonexclusive, nontransferable right to use the Service for your lawful business operations within your purchased plan and add-ons. This is permission to use the Service, not a sale of its software or intellectual property. Operator Account eligibility is subject to the competing-company restriction in Section 16.2, including operator trials and invited operator staff. That eligibility restriction does not apply to resident or property-manager portal accounts.

You may invite employees, contractors, property managers, and residents through the roles provided. Users are unlimited on every plan, including invited property managers and residents, without per-user fees. Unlimited users does not include separately priced companies, add-ons, or third-party charges.

Each person must use their own credentials. You must configure permissions appropriately, remove access when no longer authorized, safeguard credentials, and promptly report suspected misuse. You are responsible for activity you authorize and for taking reasonable steps to prevent misuse by invited users. This does not excuse a security failure caused by us.

Each individual who signs up or logs in and accepts these Terms through the notice-and-acceptance process described in Section 1 (“User”) enters a separate agreement with Marshall Services LLC governing that individual’s access. In exchange for authorized access, each User agrees to the credential and ownership requirements in this Section, the acceptable-use restrictions in Section 7, the confidentiality obligations in Section 8 for information belonging to others, the use restrictions in Section 9, and Section 16. Sections 11, 12, 14, and 15 apply to that individual agreement with references to “you” meaning the User where appropriate. For a User who pays no fees directly, the monetary cap in Section 12 is $100, subject to its stated exceptions. A User does not personally assume the Subscriber’s fees, business obligations, or indemnity merely by accepting as a User. An invitation alone does not bind its recipient or authorize them to bind the Subscriber. Additional portal terms and privacy notices may apply where presented and accepted as necessary. You must have authority to upload invitees’ information and invite them.

We and our licensors retain ownership of the Service, documentation, branding, and improvements. You retain your rights in Subscriber Data under Section 8.

3. Plans and fees

Unless an accepted order expressly states otherwise, monthly plans are:

Plan	Monthly subscription	Included functionality
Essentials	$149	Dispatching, impounds, billing, fleet, safety suite, automatic mileage, and basic reports
Professional	$249	Essentials plus private-property stickering and accounts, property-manager and resident portals, multi-lot impounds, advanced billing, and advanced reports
Unlimited	$349	Professional plus inspections, agreements, customer surveys, payroll, security administration, and every report

License-plate recognition, lending and repossession tools, and management of multiple companies are separately priced add-ons available to any plan. We will disclose applicable add-on or usage charges before you authorize them. A plan name does not waive disclosed third-party or add-on charges.

Prices are in U.S. dollars and exclude applicable taxes. You are responsible for transaction taxes on your subscription, excluding taxes on our net income. The plan details accepted at purchase and the pricing page at https://towmarshall.com/pricing describe your subscription. We may add features. We will give at least 30 days' notice before materially reducing purchased functionality or increasing recurring prices; changes apply no earlier than the next renewal after that notice period. You may cancel before they apply. If a material reduction takes effect during a prepaid period and you terminate because of it, we will refund the unused affected portion.

Plan changes and add-ons require an authorized account administrator's approval. Any immediate charge, proration, or change to renewal timing must be disclosed before confirmation.

4. Trial and automatic renewal

New eligible accounts receive a 14-day free trial. A payment card is required, but we do not charge the subscription fee during the trial. Unless you cancel before the trial ends, we will charge the card for the selected monthly plan and authorized add-ons when the trial expires. The subscription then renews automatically each month until canceled.

The trial expiration, first charge, and recurring amount will be disclosed at checkout before you authorize payment. Any separately purchased paid service during a trial requires separate disclosure and authorization. If no usable payment method is on file at trial expiration, paid service will not begin and the trial will not create a subscription debt.

You authorize our payment processor to charge the accepted recurring amounts and applicable taxes to your designated payment method. We will obtain any additional consent required by law. Keep billing and contact information current.

5. Payment failures and billing disputes

Subscriptions are billed monthly in advance. If a recurring payment fails, you have a three-day grace period to correct it, measured by our system from the recorded time of the failed recurring payment. A payment-failure warning is displayed inside the application to users who sign in; it is not a separate notice to your billing contact. We do not send a separate payment-failure notice before that grace period starts. The grace period runs whether or not you or your billing contact signs in or sees the warning. If payment remains unpaid when the period expires, we may suspend access as described below. Any email sent when suspension occurs does not start or extend the grace period. These provisions do not override notice requirements imposed by applicable law.

During a nonpayment suspension, the account may sign in only to access the billing page and resolve payment. All other application access is blocked, including viewing records, running reports, self-service exports, and creating or modifying records. Self-service export is available in Settings only while the subscription is active and the account is not suspended. We do not offer a routine support-assisted export during suspension. Successful payment of valid outstanding charges restores paid access without a separate reinstatement fee, subject to any independent security or legal restriction. Suspension alone does not delete records; disclosed retention rules and applicable legal preservation requirements continue to apply. The export limitations in this Section are subject to the mandatory legal and contractual exceptions in Section 8.

We do not charge late-payment interest, late fees, or chargeback penalties under these Terms. No new monthly subscription fees accrue while paid functionality remains suspended unless you expressly authorize a restart. Amounts properly incurred before suspension remain due. Any prepaid access lost solely to your payment default is not refundable except as required by law.

Contact us promptly about a suspected billing error so we can investigate. We will correct confirmed errors. Nothing here waives your lawful payment-dispute rights. A payment dispute does not, by itself, erase a valid debt.

6. Cancellation, suspension, and termination

Cancel at any time through Settings before the next renewal. No advance notice period is required. Cancellation stops future renewals; access continues through the paid subscription period unless separately suspended or terminated under these Terms. If the cancellation function is unavailable, send a cancellation request to the contact above; a request received before renewal will stop that renewal. We do not send a separate cancellation confirmation. A cancellation successfully submitted through Settings stops future renewals without requiring a confirmation message; application access continues only through the paid subscription period, subject to any separate suspension or termination under these Terms.

Except for an express refund right in these Terms or applicable law, fees are nonrefundable and we do not provide partial-month refunds for voluntary cancellation or unused features.

We may suspend access immediately when reasonably necessary to address a credible security threat, unlawful activity, material harm, or a legal requirement. We will limit the restriction where reasonably feasible and provide notice and a reason unless prohibited by law or doing so would compromise security. A restriction does not excuse our obligations under applicable law.

For another material breach, we will normally give written notice and 30 days to cure before terminating. We may terminate immediately for an incurable material breach or repeated serious misuse. Nonpayment follows Section 5; we may end a prolonged nonpayment suspension on 30 days' notice. We may discontinue the Service or terminate for convenience on at least 30 days' notice and refund prepaid fees for service we will not provide. Termination for your material breach does not require a refund except as required by law.

Export the database records you need through Settings while your subscription is active and your account is not suspended, before access ends. After the subscription ends, we do not provide routine access to records or an export through the application, email, support, or any other channel, subject to Section 8's mandatory legal and contractual exceptions. There is no post-termination export-request window or contractual 30-day preservation period.

For a cancellation scheduled at the end of a paid period, the subscription ends when that paid period expires, not when you submit the cancellation. For another termination, it ends on the effective termination date stated in our notice. Canceling does not itself download, export, or preserve a copy of your records for you. You must complete any available export before access ends and retain separate copies of photographs, signatures, panic-alarm recordings, and other files excluded from the database export.

After the subscription ends, we may delete Subscriber Data under our applicable retention practices, subject to Section 8, legally required preservation, and any continuing contractual obligations. Retaining data internally does not extend application access or create a routine export service. TowMarshall is not your permanent records custodian. You remain responsible for retaining complete records for as long as applicable law and your obligations require.

7. Acceptable use and business responsibilities

You must not use the Service to commit fraud, falsify records, harass or unlawfully track a person, send unlawful communications, infringe rights, introduce malicious code, evade access restrictions, or access another subscriber's information. Do not sell or sublicense access, copy the Service, or reverse engineer it except to the extent applicable law expressly permits despite this restriction. Security testing requires our written authorization.

You are responsible for your licenses, permits, insurance, employee training, lawful fees, notices, towing authority, vehicle custody, customer dealings, and compliance with applicable law. You must independently verify lien deadlines, ownership and lienholder information, notices, auction eligibility, release requirements, payroll calculations, and documents before acting. Templates, timers, reports, and generated outputs are administrative tools; they are not legal, tax, financial, or insurance advice and do not establish a lawful right to seize, retain, sell, or dispose of property.

Where enabled, plate recognition, vehicle lookups, maps, and location information may be incomplete, delayed, or incorrect. Confirm a vehicle's identity, authorization, and circumstances before enforcement. Do not use an automated result as the sole basis for a tow, repossession, or other adverse action. Use motor-vehicle records only for an authorized, lawful purpose and comply with applicable provider restrictions.

You are responsible for obtaining required messaging consents, honoring opt-outs, providing accurate sender information, and satisfying applicable carrier requirements. Delivery is not guaranteed; do not rely solely on a text or software status as proof that a legally required notice was served.

8. Subscriber Data, confidentiality, and privacy

“Subscriber Data” means information supplied to or collected through your account for your operations, including calls, impound records, customer details, vehicle identifiers, photographs, signatures, recordings, location records, and reports. As between you and us, you retain your rights in that data, subject to the rights of the individuals concerned. We claim no ownership of it.

You authorize us and necessary service providers to host, process, transmit, back up, and otherwise use Subscriber Data only to provide and secure the Service, follow your lawful instructions, support your account, or comply with law. We will not sell or rent Subscriber Data or use it for advertising. We may use technical usage information and properly de-identified or aggregated information to improve the Service, without identifying your customers or attempting to re-identify them.

Each party will protect the other's nonpublic business information with reasonable care and use it only to perform this agreement or exercise rights under it. Access must be limited to people and service providers who need it and are bound by confidentiality duties. These duties do not cover information independently developed, rightfully received without restriction, already lawfully known, or made public without breach. Legally compelled disclosure is permitted; advance notice will be given where lawful.

We will maintain reasonable technical and organizational safeguards appropriate to the data and processing. We will notify you without undue delay after confirming unauthorized access to or disclosure of Subscriber Data in our systems, and sooner where applicable law requires. We will provide available information and reasonable cooperation needed for your response. No system can guarantee absolute security.

You must have a lawful basis to collect, upload, disclose, and instruct us to process personal data, provide required notices, and obtain required consents. We remain responsible for the legal duties applicable to our own activities. The Privacy Policy explains our processing; it does not eliminate either party's statutory obligations.

Self-service export is available in Settings only during an active subscription while the account is not suspended. It exports database records only. Photographs, signatures, panic-alarm recordings, and other files stored separately are not included. The database export is not a complete backup of Subscriber Data. Retain independent copies of files you upload or create and do not rely on the database export as a substitute for those files. There is no routine export or data-delivery service during suspension or after the subscription ends, whether through Settings, support, email, or another channel.

Mandatory legal and contractual exceptions. These limits do not override a duty to preserve, return, provide access to, or produce data imposed by applicable law, binding legal process, an applicable data-processing agreement, or a contractual right that remains effective. We will honor those obligations to the extent required even if subscription fees remain unpaid; satisfying them does not reinstate application access or waive a valid debt. Where required, production or return may include separately stored files as well as database records. Data preserved for a legal obligation may be held with restricted access; preservation alone does not satisfy a separate duty to return or produce it. These Terms do not create a lien over Subscriber Data. Requests asserting a legal right or obligation may be sent to support@towmarshall.com and are subject to appropriate identity and authority verification and lawful objections or limitations.

For deletion requests, use https://towmarshall.com/data-deletion. We may verify identity and authority and coordinate requests from individuals with the Subscriber controlling their records. Deletion does not automatically cancel a subscription unless confirmed as an account closure. Export available database records and retain separate copies of needed files before access ends; deleted records may not be recoverable.

Deletion may be subject to legally required preservation and restricted backup copies awaiting secure expiry under our documented retention schedule. Retained copies remain protected and must not be used for ordinary business purposes. If a backup is restored, applicable deletion requests must be reapplied. The Privacy Policy describes applicable retention periods and exceptions.

Processing commitments where privacy law requires a processor contract

You instruct us to process personal data to deliver the configured Service during the subscription and applicable retention period. Processing includes storage, organization, retrieval, transmission, and deletion. Data types include contact details, vehicle records, transaction records, images, signatures, audio, and location data concerning staff, customers, property managers, residents, and recorded individuals. You determine authorized purposes and instructions; we must follow lawful instructions.

Personnel must owe confidentiality duties. We must bind subprocessors in writing to corresponding processing obligations and remain responsible for their performance. We will reasonably assist with consumer requests, security and breach obligations, and required impact assessments. On request, we will supply compliance information and cooperate with reasonable assessments or provide an appropriate independent assessment report. At termination, we will return or delete personal data as instructed, except where law requires retention. Neither party's statutory responsibilities are waived. Where another applicable law requires additional terms, the parties must execute an appropriate addendum before the affected processing.

9. Location tracking, recordings, and safety features

Location. When enabled and permitted by the device, the Service records driver location while drivers are logged in and working, including background location. You must explain the monitoring to affected workers, configure it for lawful work purposes, obtain required consent, and avoid unauthorized off-duty tracking. Detailed location trails are retained for 90 days and then deleted from active systems, subject to applicable legal preservation and restricted backup retention described in Section 8.

Panic audio. Panic-alarm audio recording is disabled by default. When you enable it and a user triggers the feature, it records audio and transmits it to dispatch. Before enabling it, you must determine whether recording and transmission are lawful in the relevant locations, including for people whose communications may be captured, and implement required notices and consents. Permission from an employee does not necessarily authorize recording customers or bystanders. Do not enable or use the feature where required consent or another lawful basis is absent.

No emergency-response service. Panic alerts and safety features support your own procedures. They are not a substitute for calling 911, do not guarantee dispatch response, and are not a monitored emergency-response service. You must train staff and maintain alternative communication and emergency procedures. Connectivity, device settings, battery state, permissions, and outages can prevent alerts, tracking, or recordings. Do not operate the app while driving when doing so is unsafe or unlawful.

These allocations do not authorize unlawful monitoring or release TowMarshall from responsibility imposed on it by law.

10. Payment processors and other integrations

Square processes payments you accept from your customers under your separate Square agreement. Those customer funds do not pass through TowMarshall. You remain responsible for your charges, refunds, disputes, and chargebacks. TowMarshall does not decide payment disputes or guarantee collection.

Stripe processes your TowMarshall subscription payments. Payment-card information is handled by Stripe rather than stored by us as full card details.

Other integrations depend on their providers, separate terms, connectivity, and your authorization. Enabling an integration authorizes the data transfers necessary for its disclosed function. We do not control a third party's independent services or guarantee continuing availability. This does not waive our responsibilities for our own integration conduct or for subprocessors acting on our behalf.

11. Availability and warranties

We will use commercially reasonable efforts to operate and maintain the Service and give advance notice of planned maintenance where practicable. Unless separately agreed in writing, there is no guaranteed uptime, service-level agreement, or automatic downtime credit. Maintain appropriate exports and business-continuity procedures; our operational backups are not a substitute for your legally required records.

EXCEPT FOR EXPRESS COMMITMENTS IN THIS AGREEMENT AND RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION, PERFECT ACCURACY, OR A PARTICULAR BUSINESS OR LEGAL RESULT.

Nothing in this section negates our express confidentiality, security, data-processing, or refund obligations.

12. Allocation and limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM THIS AGREEMENT, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, OR LOSS OF GOODWILL, WHETHER DIRECT OR INDIRECT, EVEN IF ADVISED OF THEIR POSSIBILITY.

TOWMARSHALL'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE SUBSCRIPTION AND ADD-ON FEES YOU ACTUALLY PAID TO TOWMARSHALL DURING THE 12 MONTHS IMMEDIATELY BEFORE THE FIRST EVENT GIVING RISE TO THE CLAIM. FOR A FREE-TRIAL ACCOUNT THAT HAS PAID NO FEES, THE CAP IS $100. MULTIPLE CLAIMS DO NOT MULTIPLY THE CAP.

These limitations apply regardless of legal theory, but do not limit either party's fraud, gross negligence, willful misconduct, liability for death or bodily injury caused by its negligence, or liability that applicable law prohibits limiting. They do not eliminate your obligation to pay valid fees or either party's express refund obligations. Section 13's defense and indemnity obligations, and liability for infringement or misappropriation of the other party's intellectual property or breach of Section 16, are outside the consequential-damages exclusion and liability cap.

The parties intend these provisions to allocate the risks of a business software subscription in light of its price. They do not establish a release of claims held by people who are not parties to this agreement.

13. Third-party claims and indemnification

You will defend TowMarshall and its officers, employees, and agents against a third-party claim to the extent caused by your unlawful towing, storage, lien sale, repossession, recording, monitoring, messaging, or other business activity; your lack of necessary rights in Subscriber Data; or your material violation of Section 7 or Section 16. You will pay resulting damages and reasonable legal costs finally awarded by a court or included in an approved settlement.

You owe no indemnity to the extent a claim is caused by TowMarshall's breach of this agreement, negligence, willful misconduct, or unlawful conduct. An allegation alone does not establish your ultimate liability.

We must promptly notify you of a claim, permit you to control its defense with competent counsel, and provide reasonable cooperation at your expense. Delay in notice reduces your obligations only to the extent it materially prejudices your defense. We may participate with separate counsel at our expense. You may not settle a claim by admitting fault for us, imposing a nonmonetary obligation on us, or failing to release us fully without our written consent, which will not be unreasonably withheld.

14. Governing law and disputes

Kentucky law governs this agreement, without applying its conflict-of-law rules, except where applicable federal law or another mandatory law controls.

Before filing a claim, a party will send written notice describing the dispute and requested resolution. The parties will attempt in good faith to resolve it for 30 days after receipt. This does not prevent emergency relief, a filing needed to preserve a limitation period, or a complaint to a government agency.

Subject to any nonwaivable jurisdiction or venue rule, disputes will be brought exclusively in the state courts located in Jefferson County, Kentucky, or, where federal subject-matter jurisdiction exists, the United States District Court for the Western District of Kentucky, Louisville Division. Each party consents to personal jurisdiction there. Each party pays its own legal fees unless a statute, Section 13, Section 16, or a separate written agreement provides otherwise.

These Terms do not require arbitration or waive a right to a jury trial or participation in a class action.

15. Changes, notices, and general provisions

We will give at least 30 days' advance notice by email and in the Service before material changes to these Terms. Changes operate prospectively and do not rewrite an already accrued claim. We will obtain fresh affirmative acceptance where required. Otherwise, signing up or logging in through the notice-and-acceptance process in Section 1 after the stated effective date constitutes acceptance only to the extent permitted by law. A sign-in log or changed version identifier alone does not shorten the notice period, make a change retroactive, or establish acceptance of a change that was not properly presented. Contacting support to cancel or exercise a legal or existing contractual right does not constitute acceptance of new Terms. If you reject a material change, notify us and cancel before it takes effect; we will refund prepaid fees for the unused period after termination. Urgent legally required changes may take effect sooner to the extent necessary, with notice as soon as practicable.

Keep your account email current. We may send contractual and service notices electronically to that address and through the Service. Send contractual legal notices to support@towmarshall.com. This does not change formal service-of-process requirements or any legally required method of notice.

Neither party is liable for delay caused by events reasonably beyond its control, but that rule does not excuse accrued payment obligations or reasonable security and continuity measures. If such an event prevents substantially all paid service for more than 30 consecutive days, you may terminate and receive a refund of unused prepaid fees from termination.

Neither party may assign this agreement without the other's consent, except to an affiliate or as part of a merger or sale of substantially all relevant assets if the successor assumes the obligations and the assignment does not materially reduce the other party's protections. You may not use assignment to bypass separately priced multi-company access.

The parties are independent contractors. This agreement creates no agency, partnership, employment, or fiduciary relationship. There are no third-party beneficiaries except the protected persons expressly identified in Section 13. An unenforceable provision will be limited or severed to the extent permitted without invalidating the rest. Failure to enforce a provision is not a waiver.

These Terms and incorporated documents are the complete agreement concerning the Service and supersede earlier discussions on that subject. Ownership, accrued payment rights, confidentiality, applicable data duties, liability limits, indemnity for covered events, dispute provisions, and the continuing restrictions in Section 16 survive termination as their nature requires.

16. Protection against copying and competitive development

16.1 Who is bound and what is protected

This Section applies to the Subscriber and to each User who affirmatively accepts these Terms. The Subscriber must not authorize, direct, or knowingly assist anyone to do what this Section prohibits, and must take reasonable steps to stop prohibited use through its account when it learns of it.

“Protected Materials” means TowMarshall's software code, original interface graphics and text, original documentation and training materials, and nonpublic technical or business information disclosed through authorized access that is marked confidential or reasonably understood to be confidential. Nonpublic information may include implementation details, internal architecture, security information, unreleased features, technical specifications, and product roadmaps. A feature is not a trade secret merely because it appears behind a login. Protected Materials exclude Subscriber Data, publicly available information not made public through a breach, general industry practices, and material independently developed without prohibited use of the Service or Protected Materials.

A “Competing Product” means software or a hosted service that substitutes for a material part of TowMarshall's dispatch, towing, recovery, impound, private-property parking enforcement, fleet, or associated business-management functionality. It includes a product intended for sale, licensing, free distribution, or internal use. Similar functionality alone does not establish copying or a breach.

16.2 Competing-company restriction on Operator Accounts

For this Section, a “Competing Company” is a business that develops, markets, licenses, sells, or provides a Competing Product to other businesses. A towing company, property manager, or other customer is not a Competing Company merely because it uses competing software or competes with another towing or property-management business.

An “Operator Account” is a subscriber business account or individual account providing access to TowMarshall's towing-company operations, including company administration, dispatch, driver operations, impounds, billing, or other internal business functions. This includes owner, administrator, dispatcher, driver, and other operator staff accounts, whether paid, trial, demonstration, or invited. An account limited to the resident or property-manager portal is not an Operator Account.

A COMPETING COMPANY MAY NOT CREATE, REGISTER FOR, PURCHASE, MAINTAIN, OR ACCESS AN OPERATOR ACCOUNT. A PERSON WHO WORKS FOR A COMPETING COMPANY AS AN EMPLOYEE, OFFICER, DIRECTOR, OR ACTIVE OWNER, OR ACTS ON ITS BEHALF AS AN AGENT, CONSULTANT, OR CONTRACTOR, MAY NOT CREATE, MAINTAIN, OR ACCESS AN OPERATOR ACCOUNT.

This restriction applies even if the Operator Account is registered using a personal email address, another business, or a purpose unrelated to the competing employer. It does not bar an otherwise authorized person from creating or using a resident or property-manager portal account for its legitimate purpose, or from viewing public pages. Portal access may not be used to obtain prohibited operator access or conduct the copying, competitive development, or other misuse prohibited elsewhere in these Terms.

By signing up for or logging in to an Operator Account through the notice-and-acceptance process described in Section 1, each operator User makes the contractual representation that they satisfy this eligibility requirement. A person accepting for the Subscriber also makes that representation on the Subscriber’s behalf to the extent of their authority. This representation is part of the Terms accepted through signup or login; it does not require or imply a separate eligibility checkbox, declaration, or verification by TowMarshall. You must not use a different name, affiliated entity, intermediary, or another person's credentials to conceal a prohibited affiliation or obtain operator access on behalf of an ineligible person. Subscribers must not knowingly invite ineligible people into operator roles or grant them operator permissions. Eligibility must also be satisfied before a portal User receives operator access.

If you become ineligible after obtaining an Operator Account, you must stop using operator access and notify support@towmarshall.com promptly. We may request information reasonably necessary to verify eligibility and may restrict operator access while investigating a credible eligibility concern. Confirmed ineligibility permits termination of the affected Operator Account under Section 6; an individual User's ineligibility does not by itself make the entire Subscriber business ineligible. A Subscriber that itself becomes ineligible, promptly reports its newly arising affiliation, and stops operator access may request a refund of unused prepaid subscription fees; we will provide that refund unless a separate material breach justifies withholding it under these Terms and applicable law.

This is a condition of operator access, not a restriction on accepting employment elsewhere. No routine post-termination export is available. Any return, access, or production required by law or a continuing contractual obligation will be handled under Section 8 through a secure method that does not restore prohibited operator access. Nonwaivable legal rights remain unaffected.

16.3 Prohibited development and assistance

YOU MUST NOT ACCESS OR USE TOWMARSHALL, INCLUDING THROUGH A TRIAL, DEMONSTRATION, USER ACCOUNT, OR PORTAL, FOR THE PURPOSE OF DESIGNING, DEVELOPING, TRAINING, TESTING, OR IMPROVING A COMPETING PRODUCT THROUGH COPYING, RECONSTRUCTING, OR MISUSING THE SERVICE OR PROTECTED MATERIALS.

Without our prior written permission, you must not:

1. Copy, adapt, translate, reproduce, distribute, or create derivative works from Protected Materials, except copies reasonably necessary for authorized business use, training your authorized users, support, accessibility, recordkeeping, or as otherwise permitted by law.
2. Decompile, disassemble, reverse engineer, or attempt to derive the Service's source code, nonpublic architecture, or underlying implementation, except where applicable law grants a right that cannot lawfully be restricted by agreement.
3. Systematically capture, scrape, record, inspect, or extract screens, application responses, documentation, or other Service content to reconstruct the product or prepare specifications for a Competing Product.
4. Give credentials, demonstrations, recordings, screenshots, technical extracts, or Protected Materials to a developer, competitor, consultant, or other person to carry out a prohibited activity.
5. Submit Protected Materials or captures obtained through prohibited use to an AI model, coding assistant, automated agent, training pipeline, or similar system to reproduce TowMarshall or develop, train, or improve a Competing Product. Using AI or a third party does not avoid these restrictions.
6. Conceal the identity or purpose of an account, impersonate a towing business, or arrange proxy access to obtain the Service or Protected Materials for prohibited competitive development.
7. Remove ownership notices, falsely claim ownership of our materials, or present copied software or branding as your own or as authorized by TowMarshall.

These restrictions also prohibit directing, commissioning, or knowingly assisting another person to perform the prohibited conduct on your behalf. Cancellation, account deletion, or use of a different business entity does not authorize later misuse of materials obtained through the Service.

16.4 Permitted activities and continuing obligations

Subject to your account eligibility and access status, you may operate your business, evaluate whether to buy or continue using the Service, report problems, retain your own records, migrate your lawfully obtained data to another provider, and use integrations or documented interfaces within their authorized scope. Self-service database export is available in Settings only while your subscription is active and the account is not suspended; separately stored files are excluded. There is no routine export during suspension or after termination. Sections 5, 6, and 8 govern these limits and the mandatory legal and contractual exceptions. You may disclose materials as legally required or make protected reports to regulators, law enforcement, or legal advisers. Nothing here prohibits truthful reviews, lawful independent research, or activity that applicable law does not permit us to restrict.

These Terms do not transfer ownership of your data or independently created software to TowMarshall. They do not prohibit developing or purchasing software independently without prohibited use of the Service, Protected Materials, or TowMarshall's intellectual property. General skills, experience, public information, and ordinary towing-business methods remain available for lawful use.

After access ends, you must stop using the Service and any retained Protected Materials for unauthorized purposes. Confidentiality and nonuse obligations for trade secrets continue for as long as the information qualifies as a trade secret under applicable law. Obligations concerning other confidential Protected Materials continue for three years after access ends, subject to the exclusions in Section 8. Copyright and other intellectual-property rights remain in effect for their applicable legal duration. No post-termination provision creates a general prohibition on working in the software industry.

16.5 Enforcement

A material violation may result in suspension or termination under Section 6. Unauthorized copying or disclosure may cause harm that money alone cannot adequately remedy. TowMarshall may seek an injunction and other available relief, subject to the evidence, procedural requirements, and standards the court applies; relief is not automatic, and these Terms do not waive required proof or bond requirements.

In litigation between the parties principally to enforce this Section, the prevailing party may recover reasonable attorneys' fees and costs to the extent permitted by law and awarded by the court. Monetary recovery must be supported by the applicable law and evidence. This Section imposes no automatic penalty, predetermined damages multiplier, or ownership claim over an independently developed product.