Terms of Service for TowControl / DriverConnect

Effective Date: January 30, 2026
Last Updated: September 18, 2026

1. Acceptance of Terms

By downloading, installing, or using the TowControl / DriverConnect mobile application (the "App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you and Ben & Nino Auto Repair Inc. ("Company," "we," "us," or "our").

2. Eligibility and User Requirements

2.1 Customer and Authorized Staff Access

Customer features are available to customers requesting or managing towing services. Staff features are available only to drivers, dispatchers, administrators, and testers authorized by the Company. Unauthorized access or use is strictly prohibited.

2.2 Age Requirement

You must be at least 18 years of age to use the App.

2.3 Account Credentials

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Notifying the Company immediately of any unauthorized access

Sharing your account credentials with others is prohibited.

3. Permitted Use

3.1 Purpose

The App is provided for requesting towing services and authorized towing operations, including:

• Requesting towing services and viewing your service history
• Receiving and managing towing job assignments
• Navigating to job locations
• Documenting vehicle conditions and job completion
• Tracking work hours and submitting time records
• Communicating with dispatch and management
• Managing schedules and time-off requests

3.2 Prohibited Uses

You may not:

• Use the App for personal, non-work-related purposes
• Share staff account credentials or provide unauthorized access to staff features
• Attempt to reverse engineer, decompile, or disassemble the App
• Interfere with or disrupt the App's functionality
• Upload false, misleading, or inaccurate information
• Use the App in any manner that violates applicable laws or regulations
• Disable, manipulate, or falsify location tracking or time tracking features
• Upload inappropriate, offensive, or illegal content

4. Location and Data Collection

4.1 Consent to Location Tracking

By using the App, you consent to real-time location tracking during your work hours, both when the App is actively in use and running in the background. This tracking is necessary for:

• Job assignment and dispatch coordination
• Turn-by-turn navigation to job sites
• Safety monitoring and emergency response
• Route optimization and operational efficiency

4.2 Data Accuracy

You agree to:

• Ensure all information you provide is accurate and truthful
• Take photos and document jobs accurately
• Report time worked honestly
• Update your profile information as needed

4.3 Data Access

You acknowledge that the Company and authorized personnel will have access to all data you generate through the App, including your location, photos, time records, and job documentation.

5. Company Rights and Responsibilities

5.1 Service Availability

We strive to maintain the App's availability but do not guarantee uninterrupted access. The App may be unavailable due to:

• Scheduled maintenance
• Technical issues
• Internet or network connectivity problems
• Force majeure events

5.2 Modifications

We reserve the right to:

• Modify, suspend, or discontinue any feature of the App at any time
• Update these Terms with or without notice
• Change pricing or features of future versions

5.3 Monitoring

We reserve the right to monitor your use of the App for:

• Compliance with these Terms
• Quality assurance and training purposes
• Legal and safety reasons
• Operational efficiency

6. Intellectual Property

6.1 Ownership

The App, including all content, features, functionality, code, and design, is owned by Ben & Nino Auto Repair Inc. and is protected by copyright, trademark, and other intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App solely for authorized work purposes during your employment with the Company.

6.3 Work Product

All data, photos, documentation, and other content you create using the App belongs to the Company as work product created in the course of your employment.

7. Third-Party Services

The App integrates with third-party services including:

• Google Maps and Firebase (Google LLC)
• Square payment processing (Square, Inc.)
• Apple App Store and Google Play Store

Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for third-party services or their practices.

8. Disclaimers and Limitations of Liability

8.1 Warranty Disclaimer

We do not warrant that:

• The App will be error-free or uninterrupted
• Defects will be corrected
• The App is free from viruses or harmful components
• Navigation directions will always be accurate or optimal

8.2 Limitation of Liability

8.3 Navigation Disclaimer

While the App provides turn-by-turn navigation, you are solely responsible for safe vehicle operation. Always obey traffic laws, road signs, and traffic conditions. Do not rely solely on the App for navigation decisions.

9. Indemnification

You agree to indemnify, defend, and hold harmless Ben & Nino Auto Repair Inc., its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney fees) arising from:

• Your use or misuse of the App
• Your violation of these Terms
• Your violation of any laws or regulations
• Your negligence or misconduct

10. Employment Relationship

10.1 No Modification of Employment

These Terms do not modify your employment relationship with the Company. Your employment remains at-will (if applicable) and is governed by your employment agreement, employee handbook, and applicable employment policies.

10.2 Termination of Access

The Company may suspend or terminate your access to the App at any time, for any reason, including:

• Termination of your employment
• Violation of these Terms
• Misuse of the App
• Security concerns

Upon termination of access, you must immediately cease using the App and delete it from your device if requested.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict of law provisions.

11.2 Venue

Any disputes arising from these Terms or your use of the App shall be resolved in the state or federal courts located in Kings County, New York.

11.3 Arbitration

The Company may require that disputes be resolved through binding arbitration in accordance with company employment policies.

12. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

13. Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and the Company regarding the App.

14. Contact Information

15. Acknowledgment

By using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and the Privacy Policy.