1. Acceptance of Terms

By accessing or using any Towmatic services (including, without limitation, AI voice agents, dispatch automation tools, web forms, web applications, consulting, setup, integration services, and ongoing support), you ("Client," "you," or "your") agree to be bound by these Terms & Conditions ("Terms"). If you do not agree to these Terms in their entirety, you may not access or use our services.

2. Services Provided

Towmatic provides the following services, which may be updated, modified, or expanded at any time:

• AI-powered voice agents and dispatch automation tools
• Web forms, web applications, and custom-built digital tools
• Consulting, onboarding, and setup services
• Ongoing monthly support and maintenance
• Subscription access, including voice and text usage
• Integration services, including but not limited to website integrations and Google Business Profile connections

Towmatic is not a human dispatch service and does not guarantee flawless, uninterrupted, or error-free operations.

3. Ownership of Towmatic-Created Assets

3.1 Towmatic Retains All Ownership

All AI voice agents, web forms, web applications, integrations, automation workflows, scripts, configurations, custom-built tools, and any other digital assets or deliverables created, configured, deployed, or managed by Towmatic in connection with the services (collectively, "Towmatic-Created Assets") are and shall remain the sole and exclusive property of Five Star Automation LLC, dba Towmatic. No ownership interest, license, or right of any kind in or to the Towmatic-Created Assets is transferred to Client at any time, whether during or after the term of Client's subscription.

3.2 Non-Transferability

Towmatic-Created Assets may not be copied, downloaded, exported, reverse engineered, decompiled, transferred, assigned, sublicensed, resold, or otherwise distributed by Client or any third party. Client acknowledges that the Towmatic-Created Assets are proprietary to Towmatic, embody trade secrets and confidential information, and are licensed for use solely during the active subscription term.

3.3 Termination of Access

Upon cancellation, termination, or expiration of Client's subscription for any reason, all Towmatic-Created Assets—including AI voice agents, web forms, web applications, integrations, and any associated configurations—will be immediately deactivated, disabled, and/or removed. Client will have no further right to access, use, or benefit from any Towmatic-Created Assets following termination. Towmatic shall have no obligation to maintain, preserve, export, or transfer any Towmatic-Created Assets to Client or any third party upon or after termination.

3.4 Client Data

For the avoidance of doubt, data owned by Client prior to engaging Towmatic (such as customer contact information, call records, and business data provided by Client) remains the property of Client. Towmatic shall make commercially reasonable efforts to provide Client with an export of Client-owned data upon written request made within thirty (30) days of termination. Client data does not include any Towmatic-Created Assets, system configurations, workflow logic, AI training data, prompt engineering, or any proprietary Towmatic technology.

4. Third-Party Integrations & Website Access

4.1 Scope of Integration Services

Where requested by Client, Towmatic may perform integration services including, but not limited to, embedding web forms, widgets, scripts, or applications on Client's website(s), and connecting services to Client's Google Business Profile, social media accounts, CRM platforms, or other third-party platforms (collectively, "Integration Services").

4.2 Client Authorization & Consent

By requesting Integration Services, Client expressly authorizes Towmatic to access, modify, and make changes to Client's website(s), Google Business Profile, and any other third-party accounts or platforms as reasonably necessary to perform the requested services. Client represents and warrants that Client has full authority to grant such access and that granting such access does not violate any agreement Client has with any third party.

4.3 Disclaimer of Liability for Integrations

Client acknowledges and agrees that Integration Services inherently involve interaction with third-party platforms, systems, and technologies that are outside Towmatic's control. Towmatic shall not be liable for any damages, losses, disruptions, downtime, data loss, ranking changes, search visibility impacts, security vulnerabilities, or any other adverse effects arising from or related to:

• The installation, modification, or removal of code, scripts, forms, widgets, or applications on Client's website(s)
• Changes made to Client's Google Business Profile, including but not limited to listing information, reviews, posts, or verification status
• Incompatibilities between Towmatic's integrations and Client's existing website code, themes, plugins, hosting environment, or third-party software
• Actions taken by third-party platform providers (including Google, web hosting companies, CMS providers, and social media platforms) that affect Client's accounts, listings, or websites
• Any changes to third-party APIs, platform policies, or terms of service that impact the functionality of integrations
• Client's failure to maintain backups of their website or data prior to requesting Integration Services

4.4 Client Responsibilities for Integrations

Client is solely responsible for:

• Maintaining current backups of all website files, databases, and content prior to any integration work
• Reviewing and approving all changes made by Towmatic to Client's website(s) and third-party accounts
• Ensuring that granting Towmatic access to Client's platforms does not violate any third-party terms of service
• Promptly notifying Towmatic of any issues, errors, or concerns arising from Integration Services

4.5 Removal Upon Termination

Upon termination of Client's subscription, Towmatic reserves the right to remove, disable, or deactivate any Towmatic-Created Assets or integrations from Client's website(s) and third-party platforms. Client acknowledges that such removal may affect the functionality or appearance of Client's website and agrees that Towmatic shall bear no liability for any consequences of such removal.

5. Payment & Billing

All services require an upfront setup fee and a monthly recurring subscription fee. Monthly charges include platform access plus usage-based fees (calls, texts, and other consumption-based charges). Payments must be made on time. Late or defaulted payments will result in immediate suspension or cancellation of services without prior notice. No partial credits will be given for cancellations occurring mid-billing cycle.

6. Refund Policy

7. User Responsibilities

Client is solely responsible for:

• Providing accurate, complete, and up-to-date information regarding pricing, driver schedules, ETAs, service areas, phone routing preferences, and all other operational data
• Monitoring calls, quotes, dispatches, and all automated outputs for accuracy
• Ensuring compliance with all applicable local, state, and federal laws and regulations in connection with the use of Towmatic services
• Maintaining adequate backups of all business data, website files, and other critical information
• Safeguarding login credentials and access tokens provided in connection with Towmatic services

Towmatic is not liable for any errors, omissions, losses, or damages caused by inaccurate, incomplete, or outdated information provided by Client.

8. Acceptable Use Policy

Client shall not:

• Use Towmatic services for any unlawful, fraudulent, or abusive purpose
• Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code, algorithms, or underlying technology of any Towmatic service or Towmatic-Created Asset
• Resell, sublicense, redistribute, or commercially exploit Towmatic services or any Towmatic-Created Assets
• Interfere with or disrupt the integrity or performance of Towmatic's systems or services
• Use Towmatic services in a manner that violates any third-party rights or applicable laws
• Share, distribute, or disclose any proprietary Towmatic information, configurations, or methodologies to competitors or any third party

9. Confidentiality

Client acknowledges that in the course of receiving Towmatic services, Client may be exposed to or receive access to confidential and proprietary information of Towmatic, including but not limited to system configurations, workflow logic, pricing models, technology architecture, AI prompts, business strategies, and trade secrets ("Confidential Information"). Client agrees to hold all Confidential Information in strict confidence, not to disclose it to any third party, and not to use it for any purpose other than receiving Towmatic services. This obligation survives termination of these Terms.

10. Disclaimers & Limitation of Liability

Towmatic does not guarantee uninterrupted service or error-free performance. By using Towmatic services, Client acknowledges and agrees that:

• Towmatic is not liable for missed jobs, incorrect dispatching, system outages, misheard or misinterpreted instructions, incorrect distance or quote calculations, or any other error
• Towmatic is a tool to assist Client's business; ultimate responsibility for operations, compliance, customer service, and accuracy rests solely with Client
• In no event shall Towmatic be held liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, or missed business opportunities
• Towmatic is not liable for any issues arising from third-party platforms, services, APIs, or technologies used in connection with Towmatic services

11. Termination & Suspension

Client may cancel at any time. Upon cancellation, services will remain active until the end of the current paid billing cycle. Towmatic may suspend or terminate services immediately and without notice if Client:

• Fails to pay any fees when due
• Misuses the system or violates the Acceptable Use Policy
• Attempts to resell, replicate, or reverse engineer Towmatic technology
• Violates any applicable laws or any provision of these Terms

Upon termination for any reason, all Towmatic-Created Assets will be deactivated and Client's access to services will cease. Towmatic reserves the right to pursue legal action for unpaid fees, misuse, or breach of these Terms.

12. Patents, Trademarks & Intellectual Property

All content, software, systems, workflows, processes, algorithms, features, designs, documentation, branding, and technology made available through the Towmatic platform, website, services, and related materials (collectively, the "Towmatic Technology") are the exclusive property of Five Star Automation LLC, dba Towmatic, and are protected by applicable intellectual property laws. Towmatic's intellectual property includes, without limitation, proprietary artificial intelligence systems, automated call handling and dispatch logic, quoting methodologies, workflow automations, software architecture, user interfaces, trade secrets, trademarks, service marks, and brand identifiers. Certain aspects of the Towmatic Technology are the subject of pending U.S. and international patent applications. Additional patent applications may be filed without notice. The Towmatic name, logo, product names, feature names, and all related branding elements are trademarks or service marks of Five Star Automation LLC, dba Towmatic. Unauthorized use, reproduction, imitation, distribution, reverse engineering, scraping, derivation, or exploitation of Towmatic's intellectual property—whether in whole or in part—is strictly prohibited.

All rights not expressly granted are reserved.

13. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Kansas, USA, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or Towmatic services shall be resolved exclusively in the state or federal courts located in the State of Kansas, and Client hereby consents to the personal jurisdiction and venue of such courts.

14. Amendments

Towmatic reserves the right to update, modify, or amend these Terms at any time in its sole discretion. Updated Terms will be posted on the Towmatic website with a revised "Last Updated" date. Continued use of Towmatic services after any changes constitutes Client's acceptance of the revised Terms. It is Client's responsibility to review these Terms periodically for changes.

15. Indemnification

Client agrees to indemnify, defend, and hold harmless Five Star Automation LLC, dba Towmatic, its officers, directors, employees, agents, licensors, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to reasonable attorneys' fees) arising from:

• Client's use of and access to Towmatic services
• Client's violation of any provision of these Terms
• Client's violation of any third-party right, including without limitation any intellectual property, privacy, or contractual right
• Any claim that Client's use of Towmatic services caused damage to a third party
• Any unauthorized access to or modification of Client's website(s), Google Business Profile, or other third-party platforms performed at Client's request or with Client's authorization

This indemnification obligation shall survive the termination of these Terms and Client's use of Towmatic services.

16. Warranty Disclaimer

17. Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIVE STAR AUTOMATION LLC, DBA TOWMATIC, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS, REVENUE, OR BUSINESS; LOSS OF DATA OR INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY OR PROPERTY DAMAGE; WEBSITE DOWNTIME OR MALFUNCTION; SEARCH ENGINE RANKING CHANGES; GOOGLE BUSINESS PROFILE DISRUPTIONS; OR ANY OTHER PECUNIARY LOSS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE TOWMATIC SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TOWMATIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18. Maximum Liability

IN NO EVENT SHALL FIVE STAR AUTOMATION LLC, DBA TOWMATIC'S TOTAL LIABILITY TO CLIENT FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY CLIENT TO TOWMATIC IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

19. Force Majeure

Towmatic shall not be liable for any failure or delay in performing its obligations where such failure or delay results from any cause beyond Towmatic's reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation, facilities, fuel, energy, labor, or materials, third-party service outages, internet disruptions, cyberattacks, or government orders or regulations.

20. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the provision.

21. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or agreements published by Towmatic, constitute the entire agreement between Client and Five Star Automation LLC, dba Towmatic, concerning the use of Towmatic services. These Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between Client and Towmatic.

22. Waiver

The failure of Towmatic to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Towmatic.

23. Assignment

Client may not assign or transfer these Terms, by operation of law or otherwise, without Towmatic's prior written consent. Any attempt by Client to assign or transfer these Terms without such consent will be null and void. Towmatic may freely assign or transfer these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

24. Survival

The following sections shall survive termination or expiration of these Terms: Section 3 (Ownership of Towmatic-Created Assets), Section 4.3 (Disclaimer of Liability for Integrations), Section 6 (Refund Policy), Section 9 (Confidentiality), Section 10 (Disclaimers & Limitation of Liability), Section 12 (Patents, Trademarks & Intellectual Property), Section 15 (Indemnification), Section 16 (Warranty Disclaimer), Section 17 (Limitation of Damages), Section 18 (Maximum Liability), and any other provisions which by their nature should survive termination.

25. Electronic Communications

By using Towmatic services, Client consents to receiving electronic communications from Towmatic, including but not limited to emails, system notifications, billing statements, and service updates. Client agrees that all agreements, notices, disclosures, and other communications that Towmatic provides electronically satisfy any legal requirement that such communications be in writing.

26. No Agency or Partnership

Nothing in these Terms shall be construed as creating a joint venture, partnership, employment relationship, or agency relationship between Towmatic and Client. Neither party has the authority to bind the other or to incur any obligation on behalf of the other.

27. Contact Information

For questions or concerns regarding these Terms, please contact: