1. The parties and what TowMile is
This Agreement is between Express Services Group, doing business as TowMile (“TowMile,” “we,” “us”), and you, the independent business registering to provide roadside and towing services through the TowMile platform (“Shop,” “you”).
TowMile is a technology marketplace that connects drivers who need roadside help with independent Shops and facilitates payment between them. TowMile is not a towing or roadside-assistance company. We do not perform the service, own the trucks, or employ the operators. When you accept a job, you enter a service contract directly with the customer; TowMile facilitates the introduction, payment, and messaging but is not a party to that service contract.
2. Independent contractor relationship
You are an independent contractor. Nothing in this Agreement creates an employment, agency, partnership, or joint-venture relationship. You control how, when, and whether you provide service: you set your own hours, service area, and pricing where applicable, you may accept or decline any job, and you are free to work with other dispatch networks. You are responsible for your own vehicles, equipment, employees, subcontractors, taxes, and business expenses. TowMile does not withhold taxes; you will receive a Form 1099 where required and are responsible for your own tax obligations.
3. Eligibility and credentials
To provide service through TowMile you must at all times:
- Be a legally operating business authorized to provide roadside/towing services in your area;
- Ensure every driver holds a valid driver’s license (and DOT medical card where required for tow operators) and a driving record acceptable under our standards;
- Maintain properly registered, inspected, and roadworthy vehicles and equipment;
- Pass, and keep your drivers passing, any background and MVR checks we require at onboarding and periodically thereafter;
- Comply with all applicable federal, state, and local laws, licensing, and safety regulations.
4. Insurance you must carry
You must carry, at your own expense, current insurance meeting at least the following and keep it in force the entire time you are active on TowMile:
- Commercial Auto Liability — minimum $1,000,000 combined single limit on every vehicle used for jobs;
- On-Hook / Cargo (garagekeepers) coverage for the customer’s vehicle while in your care, custody, or control, typically $50,000–$100,000;
- Garage Liability / Garagekeepers if you store vehicles;
- Workers’ Compensation as required by law if you have employees;
- You must name TowMile / Express Services Group as an Additional Insured on your auto and general liability policies, with a Waiver of Subrogation.
You will provide a valid Certificate of Insurance (COI) before your first job and again at each renewal. You may not go online or accept jobs while your insurance is expired or non-compliant, and TowMile may automatically block your online status when our records show your coverage has lapsed. Your insurance is primary; any coverage TowMile carries is non-contributory and excess.
5. Service standards
When you accept a job you agree to perform it promptly, safely, professionally, and in line with the accepted service and any communicated ETA. You will treat customers and their vehicles with care, keep your status and location accurate, and update job status honestly (arrived, in progress, complete). Repeated cancellations, no-shows, unsafe conduct, or customer complaints may lead to suspension or removal. You may not solicit customers to take a TowMile-originated job off-platform to avoid fees.
6. Payments, fees, and payouts
The customer authorizes payment in the app before dispatch, and funds are captured when the job completes. For each completed job TowMile retains a platform fee of 5% plus $2.99, and the remainder is paid out to you through Stripe Connect to the bank account you connect. You must complete Stripe onboarding (identity and bank details) before you can be paid. Payout timing follows Stripe’s standard schedule.
You are responsible for the accuracy of your pricing and for any refunds, adjustments, or chargebacks arising from your service. TowMile may offset or reverse amounts for refunds, disputes, or fraud consistent with this Agreement and Stripe’s terms. Fees may change on notice; continuing to accept jobs after a change means you accept it.
7. Verification and compliance
You authorize TowMile to verify your business, licensing, insurance, and driving records, including through third-party services (such as FMCSA/SAFER data and background-check and ID-verification providers), at onboarding and periodically. The “Verified” badge reflects a point-in-time review and is not a guarantee. We may request updated documents at any time and may suspend or remove you if information is missing, expired, false, or if we reasonably believe your continued participation poses a risk.
8. Liability, indemnity, and limitation
You are solely responsible for your service, including any injury, death, loss, theft, or damage (including damage to the customer’s vehicle) arising from or related to your work, your drivers, your vehicles, or your equipment. You agree to indemnify, defend, and hold harmlessTowMile, Express Services Group, and their officers, employees, and agents from any claims, damages, liabilities, fines, and costs (including reasonable attorneys’ fees) arising out of your service, your breach of this Agreement, or your violation of any law or third-party right.
To the maximum extent permitted by law, TowMile is not liable to you for indirect, incidental, special, or consequential damages, and TowMile’s total liability to you arising out of or relating to this Agreement will not exceed the platform fees TowMile retained from your jobs in the three (3) months before the event giving rise to the claim. The platform is provided “as is” without warranties of continuous availability or job volume.
9. Vehicle damage and customer claims
Claims of damage, loss, or theft involving a customer’s vehicle are between you and the customer and are covered by your on-hook/garagekeepers and liability insurance. You agree to cooperate in good faith with reasonable claim investigations and to carry the coverage required in Section 4 so such claims can be resolved without exposing the platform.
10. Customer data and privacy
TowMile shares customer information (such as name, phone, location, and vehicle details) with you only to perform the job. You may use that information solely to complete and support the job and any legally required records. You may not market to, resell, retain beyond what is necessary, or otherwise misuse customer data, and you must comply with applicable privacy laws and our Privacy Policy.
11. Term and termination
This Agreement starts when you accept it or first provide service and continues until terminated. Either party may terminate at any time for convenience. TowMile may suspend or terminate immediately for a safety concern, non-compliance, expired insurance, fraud, or breach. On termination you must stop accepting jobs; completed jobs still pay out, and Sections that by their nature survive (including 2, 4, 6–10, 12) continue to apply.
12. Governing law and disputes
This Agreement is governed by the laws of the State of California, without regard to conflict-of-laws rules. The parties will attempt to resolve disputes informally first. Any unresolved dispute will be handled consistent with TowMile’s Terms of Service, including any arbitration and venue provisions there. If any provision is found unenforceable, the rest remains in effect.
13. Changes and contact
We may update this Agreement; material changes will be posted here and, where practical, notified in the app. Continuing to accept jobs after an update means you accept the updated Agreement. Questions? Email [email protected].