Last Updated: 11/21/2025
These Terms of Service ("Agreement") are a legally binding contract between Leadbridge Solutions, LLC d/b/a TowSpark ("Company," "we," "us," or "our") and the entity agreeing to these terms ("Customer," "you," or "your").
By clicking "I Agree," creating an account, placing an Order, or accessing or using the Service, you represent that you have the authority to bind the Customer to this Agreement and that you have read, understood, and agree to be bound by its terms.
If you do not have such authority or do not agree to these terms, you must not accept this Agreement and may not use the Service.
This Agreement incorporates by reference our Privacy Policy and our Data Processing Addendum ("DPA").
"Agreement" means these Terms of Service, all applicable Orders, and any documents incorporated by reference, including the DPA and Privacy Policy.
"Authorized User" means an individual (e.g., an employee, contractor, or agent) whom Customer authorizes to access and use the Service on its behalf.
"Customer Data" means all electronic data, files, text, or other materials submitted to the Service by Customer or its Authorized Users, excluding Aggregated Data.
"Data Processing Addendum (DPA)" means our data processing agreement, which governs the processing of Personal Data as part of the Service.
"Documentation" means the official user guides, help articles, and other documentation for the Service provided by us.
"Order" means the online order form or in-app subscription page completed by Customer to purchase a Subscription, which specifies the Service, Subscription Term, and applicable fees.
"Service" means the TowSpark internet-accessible software-as-a-service platform and any related services, support, or Documentation made available to Customer.
"Subscription Term" means the period of time specified in an Order during which Customer and its Authorized Users are permitted to access and use the Service.
(a) License Grant. Subject to your compliance with this Agreement, we grant Customer a limited, non-exclusive, non-sublicensable, non-transferable (except as permitted herein), worldwide right during the Subscription Term to access and use the Service, solely for Customer's internal business operations and in accordance with the Documentation.
(b) Access by Authorized Users. Customer may permit its Authorized Users to use the Service on its behalf. Customer is responsible for all acts and omissions of its Authorized Users and for ensuring their compliance with this Agreement. Access credentials may not be shared among individuals.
(c) Restrictions. Customer shall not (and shall not permit any third party to): (i) decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of the Service; (ii) sell, resell, license, sublicense, distribute, rent, or lease the Service; (iii) use the Service to build a competitive product or service; (iv) use the Service for any unlawful purpose or in violation of any applicable law; (v) remove or obscure any proprietary notices from the Service or Documentation; or (vi) upload, post, or transmit any Customer Data that is infringing, libelous, or otherwise unlawful or tortious; (vii) access the Service for the purpose of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purposes; or (viii) access the Service in order to build a competitive product or service, or copy any features, functions, or graphics of the Service.
(a) Customer Data. Customer is solely responsible for the accuracy, legality, and appropriateness of all Customer Data. Customer represents and warrants that it has obtained all necessary rights, consents, and permissions to submit Customer Data to the Service.
(b) Account Security. Customer is responsible for maintaining the confidentiality of its account credentials, and for all activities that occur under its account. Customer agrees to notify us immediately of any unauthorized access or use of its account.
(c) Equipment. Customer is responsible for obtaining and maintaining all hardware, software, and internet connectivity required to access and use the Service.
(d) Communications & TCPA Compliance. You acknowledge that the Service may allow you to send SMS/text messages or emails to your customers or third parties. You represent and warrant that you have obtained all necessary consents and opt-ins required by applicable law (including the Telephone Consumer Protection Act "TCPA" and CAN-SPAM Act) prior to inputting any phone numbers or email addresses into the Service. You are solely responsible for honoring opt-out requests. You agree to indemnify us against any claims arising from your failure to obtain such consents.
(a) Ownership of Customer Data. As between the parties, Customer retains all right, title, and interest in and to Customer Data.
(b) License from Customer. Customer grants us a limited, non-exclusive, royalty-free, worldwide license to host, copy, transmit, and display Customer Data as reasonably necessary to provide, maintain, and improve the Service.
(c) Ownership of the Service. As between the parties, we retain all right, title, and interest, including all intellectual property rights, in and to the Service, the Documentation, and any modifications or improvements thereto.
(d) Aggregated Data. Notwithstanding anything to the contrary, we shall have the right to collect and analyze data relating to the provision, use, and performance of the Service, and to use such data (in an aggregated and de-identified form that does not identify Customer or any individual) to improve our Service, for benchmarking, and for other analytics purposes ("Aggregated Data"). We retain all rights in such Aggregated Data.
(e) Feedback. If Customer or any Authorized User provides us with any suggestions, ideas, or feedback regarding the Service ("Feedback"), Customer grants us a perpetual, irrevocable, royalty-free, worldwide license to use, copy, modify, and distribute such Feedback for any purpose, without any obligation or compensation to Customer.
(f) Publicity. You agree that we may identify you as a customer of TowSpark and use your company name and logo in our marketing materials, website, and customer lists. If you do not wish to be listed, you may opt out by emailing us at [email protected]
(a) Data Processing. The parties shall comply with the terms of the Data Processing Addendum (DPA), which is incorporated by reference into this Agreement. The DPA describes how we will process any Personal Data contained within Customer Data.
(b) Security. We will implement and maintain appropriate technical and organizational measures to protect Customer Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access, as further described in our DPA.
(a) Payment Method. Customer must provide a valid credit card or other supported payment method ("Payment Method") to pay for the Service. By providing a Payment Method, Customer authorizes us (and our third-party payment processor) to charge all fees incurred for the Subscription, including recurring subscription fees and applicable taxes, to the designated Payment Method.
(b) Billing Cycle. Fees are billed in advance at the beginning of each billing cycle (e.g., monthly or annually) as selected in the Order. The Subscription will automatically renew, and the Payment Method will be automatically charged at the start of each renewal period, unless Customer cancels the Subscription prior to the renewal date.
(c) Price Changes. We reserve the right to change our subscription fees at any time. We will provide Customer with at least thirty (30) days' notice of any price increase. Any price increase will take effect at the start of the next billing cycle following the notice period. If Customer does not agree to the price increase, Customer's sole remedy is to cancel the Subscription before the increase takes effect.
(d) No Refunds. Except as required by law, all fees paid are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
(e) Payment Failures. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and Customer does not cancel the account, we may suspend Customer's access to the Service until we have successfully charged a valid Payment Method.
(a) Term. This Agreement commences on the date you accept it and continues for the initial term specified in your Order (the "Initial Term").
(b) Automatic Renewal. The Subscription Term will automatically renew for successive periods equal to the Initial Term (the "Renewal Term") unless Customer cancels the Subscription via the account management settings within the Service prior to the end of the then-current term.
(c) Cancellation by Customer. Customer may cancel the Subscription at any time through the Service's account settings. Cancellation will be effective at the end of the current paid billing cycle. Customer will continue to have access to the Service until the end of that billing cycle, and will not be charged for the subsequent cycle.
(d) Termination by Company. We may terminate this Agreement or suspend Customer's access to the Service immediately if: (i) Customer breaches any provision of this Agreement; (ii) required by law; or (iii) we discontinue the Service. If we terminate for cause, Customer is not entitled to a refund of any prepaid fees.
(e) Effect of Termination. Upon expiration or termination of this Agreement: (i) all rights granted to Customer under this Agreement will immediately cease; (ii) Customer will lose access to the Service; and (iii) we may delete Customer Data in our possession after a period of thirty (30) days, in accordance with our internal data retention policies. It is Customer's sole responsibility to export Customer Data prior to termination.
(a) By Customer. Customer agrees to defend, indemnify, and hold harmless Company, its officers, directors, employees, and agents from and against any and all third-party claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (i) Customer's or any Authorized User's use of or inability to use the Service; (ii) Customer's violation of any term of this Agreement; (iii) Customer's violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that Customer Data caused damage to a third party.
THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM COMPANY OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
(a) EXCLUSION OF CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES (WHETHER INCURRED DIRECTLY OR INDIRECTLY), OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) CUSTOMER'S ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR (iii) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF CUSTOMER DATA.
(b) LIABILITY CAP. IN NO EVENT SHALL COMPANY'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE OR THIS AGREEMENT EXCEED THE TOTAL AMOUNT OF FEES PAID BY CUSTOMER TO COMPANY FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE CLAIM.
(a) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions.
(b) Venue. Any legal suit, action, or proceeding arising out of or related to this Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the County of Los Angeles. Customer waives any and all objections to the exercise of jurisdiction over Customer by such courts and to venue in such courts.
(c) Class Action Waiver. WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
We may revise this Agreement from time to time. If we make changes, we will post the revised Agreement on our website and update the "Last Updated" date above. If the changes materially reduce your rights, we will provide you with reasonable notice (e.g., by email or an in-app notification). Your continued use of the Service after the effective date of the revised Agreement constitutes your acceptance of the terms.
(a) Entire Agreement. This Agreement, including the Privacy Policy, DPA, and any Orders, constitutes the entire agreement between the parties regarding the Service and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.
(b) Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.
(c) Assignment. Customer may not assign or transfer this Agreement, by operation of law or otherwise, without Company's prior written consent. Company may freely assign or transfer this Agreement without restriction.
(d) California Residents. In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
(a) Neutral Platform. TowSpark provides software for dispatching and management. We are not a towing company, motor carrier, or transportation provider. We do not control the quality, safety, or legality of the services provided by our Customers (you) to their clients. We are not a party to any transaction between you and your clients.
(b) No Liability for Operations. You acknowledge and agree that you are solely responsible for all services you provide using the TowSpark platform. We maintain no control over your employees, contractors, or equipment. We are not liable for any personal injury, death, property damage, or other damages resulting from your towing or roadside assistance operations.
The Service may integrate with or allow you to export data to third-party applications or services (e.g., motor clubs, accounting software, GPS providers). These integrations are provided "as-is." We do not warrant that these integrations will remain available or functional. We are not responsible for any data loss, errors, or service interruptions caused by third-party platforms or changes to their APIs.
If you have any questions or concerns about this Policy or our data practices, please contact us at:
Leadbridge Solutions, LLC (TowSpark)
8605 Santa Monica Blvd PMB 522267
West Hollywood, California 90069-4109
Email: [email protected]