Terms of Service

1. Acceptance of Terms

By creating a Tow-Ops account, downloading the Tow-Ops mobile app, or accessing app.tow-ops.com or tow-ops.com (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree, do not use the Service.

If you are using the Service on behalf of a tow company, you represent that you have authority to bind that company to these Terms.

2. Description of Service

Tow-Ops is a software-as-a-service platform operated by Pro-Ops Canada that provides dispatch, file management, compliance documentation, invoicing, and related tools to licensed tow truck operators in Ontario, Canada. The Service is intended for use by licensed professionals only.

Specific features include job assignment and tracking, TSSEA-compliant invoice and consent-form generation, daily log capture, circle-check workflows, push notifications, and the Towbee AI dispatch assistant.

3. Account Registration

To use the Service you must create an account and provide accurate, current information including your name, email address, and (where applicable) business and certification details. You are responsible for safeguarding your password and for all activity under your account.

You must be at least 18 years of age and hold any licences and certificates required by Ontario law to perform the activities you record in the Service.

4. Solo Operator Terms

Solo operators are independent users who hold and manage their own Tow-Ops account directly. As a solo operator, you alone control your account, your business profile, and the files, invoices, and compliance records you generate.

Solo accounts are billed directly via Stripe as described in Section 6. Solo operators may export or delete their data at any time as described in Section 12.

5. Company and Operator Relationships

Tow-Ops supports tow companies that dispatch jobs to operators they employ ("company-managed operators"). A company-managed operator's account is linked to the employing company via an activation code issued by that company.

Data ownership. Files, jobs, invoices, circle checks, consent forms, daily logs, and other operational records created by a company-managed operator on behalf of their company are owned by the employing company. The company is the record-holder for the purposes of Ontario's Towing and Storage Safety and Enforcement Act, 2021 ("TSSEA") and other applicable record-retention obligations.

Account deletion. When a company-managed operator deletes their account, their personal information (name, email, phone number, avatar, and device push token) is permanently anonymized. Job records, compliance documents, and activity logs associated with that operator are retained by the employing company as required under TSSEA and may continue to be accessed by company administrators. See Section 12 for the corresponding solo-operator deletion treatment.

Company administrators are responsible for inviting, activating, and removing the operators connected to their company, and for the lawful use of any data those operators generate on behalf of the company.

6. Billing and Payments

Paid Tow-Ops plans (including solo operator subscriptions and company plans) are billed in advance on a recurring basis via Stripe. By providing a payment method you authorize Pro-Ops Canada to charge the applicable fees, plus any taxes, until you cancel.

Free trials, where offered, convert to paid subscriptions at the end of the trial period unless cancelled in advance. Fees are non-refundable except where required by law. You can cancel a subscription at any time from your Stripe billing portal or by contacting info@pro-ops.org; cancellation takes effect at the end of the then-current billing period.

We may change pricing on prospective notice. Continued use of the Service after a price change takes effect constitutes acceptance of the new pricing.

7. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of TSSEA, the Highway Traffic Act, or any other applicable law
• Misrepresent your identity, certification status, or authority to act on behalf of a vehicle owner or company
• Upload content that is fraudulent, defamatory, infringing, or that contains malware
• Attempt to circumvent the Service's security, rate limits, or row-level access controls
• Reverse engineer, scrape, or resell the Service or its underlying data without written permission
• Use the Service to harass, intimidate, or unlawfully collect personal information about vehicle owners or other operators

We may suspend or terminate any account that violates this section, with or without notice.

8. Intellectual Property

The Tow-Ops platform, including its software, design, branding, copy, the Towbee AI assistant, and all associated trademarks and logos, is owned by Pro-Ops Canada. These Terms grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service in accordance with these Terms; no other rights are granted by implication or estoppel.

You retain ownership of the operational data you submit, subject to the company-data provisions in Section 5. You grant Pro-Ops Canada the rights necessary to host, transmit, and process that data to operate the Service.

9. Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service you consent to the practices described there.

10. Disclaimers and Limitation of Liability

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Pro-Ops Canada does not warrant that the Service will be uninterrupted, error-free, or that any specific feature (including TSSEA documents, Towbee output, push notifications, or location sharing) will meet your requirements.

You are solely responsible for the accuracy of the information you enter into the Service, for verifying any document or invoice it produces before relying on it in a regulated context, and for compliance with TSSEA and any other applicable law. The Service is a tool and is not a substitute for legal, accounting, or compliance advice.

To the maximum extent permitted by law, Pro-Ops Canada and its officers, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Service. Pro-Ops Canada's total aggregate liability for any claim arising out of or related to the Service is limited to the amount you paid Pro-Ops Canada for the Service in the twelve (12) months preceding the claim.

11. Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. You and Pro-Ops Canada submit to the exclusive jurisdiction of the courts located in Ontario, Canada, for any dispute arising out of or relating to these Terms or the Service.

12. Account Termination and Deletion

You may delete your Tow-Ops account at any time from within the mobile app via Profile → Settings → Delete Account. Deletion requests are processed immediately and cannot be undone.

Solo operators: upon deletion, your account and all associated personal data are permanently and irreversibly removed from our systems.

Company-managed operators: upon deletion, your personal information (name, email, phone number, avatar, and device token) is permanently anonymized. Job records, compliance documents, and activity logs associated with your account are retained by your employing company as required under TSSEA. Contact your employer directly for questions about those records.

We may suspend or terminate your account at any time if you breach these Terms, if required by law, or if continued provision of the Service to you is no longer commercially viable. Sections 5 (data ownership), 8 (intellectual property), 10 (disclaimers), 11 (governing law), and any other provisions that by their nature should survive termination, will survive.

13. Changes to Terms

We may update these Terms from time to time. We will post the updated Terms at this URL and update the "Effective" date above. Material changes will be communicated by email or in-app notification. Your continued use of the Service after the updated Terms take effect constitutes acceptance of the changes.

14. Contact

Pro-Ops Canada
info@pro-ops.org
tow-ops.com