Terms of Service

1. Agreement to These Terms

These Terms of Service (“Terms”) form a legally binding agreement between you and Obsidian Roadside & Recovery LLC (“Obsidian,” “Company,” “we,” “our,” or “us”).

These Terms govern your access to and use of Obsidian’s websites, mobile applications, customer portals, provider portals, driver applications, dispatch systems, communication systems, software, payment services, APIs, integrations, and related products and services collectively referred to as the “Services.”

In these Terms, “you” and “your” refer to any person or organization accessing or using the Services, including customers, visitors, account holders, drivers, providers, contractors, applicants, commercial clients, fleet representatives, and authorized users.

By accessing or using the Services, creating an account, requesting a service, submitting information, or otherwise interacting with Obsidian, you acknowledge that you have read, understood, and agree to these Terms and our Privacy Policy .

If you do not agree to these Terms, you must not access or use the Services.

2. Eligibility and Authority

You must be at least eighteen (18) years old and legally capable of entering into a binding agreement to create an account or independently request paid Services.

If you use the Services on behalf of a business, fleet, insurer, employer, property owner, account holder, or other organization, you represent that you have authority to bind that organization to these Terms.

You represent that you have lawful possession of, responsibility for, or authorization concerning any vehicle, property, account, or service request submitted through the Services.

3. Description of the Services

Obsidian operates a technology, communication, coordination, and dispatch platform that may facilitate roadside assistance, towing, recovery, automotive support, mobile mechanic services, repair referrals, transportation support, and related services.

The Services may include:

• Roadside-assistance coordination;
• Towing and vehicle-recovery coordination;
• Vehicle lockout assistance;
• Tire-change and tire-service coordination;
• Jump-start and battery-service coordination;
• Fuel-delivery coordination;
• Mobile mechanic and automotive-service coordination;
• Repair, body-shop, or automotive-business referrals;
• Customer, driver, and provider portals;
• Dispatch and service-management tools;
• GPS, mapping, routing, tracking, and ETA features;
• Telephone, email, SMS, chat, and push communications;
• Account, authentication, and security functions;
• Payment, billing, receipt, and provider-payment functions;
• Fleet, insurance, and commercial coordination; and
• Other related services and technology.

The availability, scope, features, pricing, and geographic coverage of the Services may change at any time.

4. Platform Role and Independent Providers

Obsidian may coordinate services performed by independent third-party roadside operators, towing companies, mechanics, repair facilities, recovery operators, transportation providers, contractors, and other automotive businesses (“Providers”).

Unless expressly stated otherwise for a specific service, Providers are independent businesses and are not employees of Obsidian.

Obsidian may provide dispatch, communication, payment, referral, or technology services without directly performing the physical roadside, towing, recovery, repair, or automotive work.

Providers are responsible for their own personnel, vehicles, equipment, licenses, permits, insurance, taxes, safety practices, service methods, workmanship, and compliance with applicable law.

Nothing in these Terms creates an employment, partnership, agency, franchise, joint venture, or fiduciary relationship between Obsidian and any independent Provider or user.

5. No Guarantee of Availability or Completion

Obsidian does not guarantee that a Provider will be available, accept a service request, arrive within a particular time, complete a requested service, or achieve a particular result.

Service availability may be affected by location, weather, traffic, road conditions, vehicle condition, demand, provider availability, safety concerns, government restrictions, telecommunications outages, and other circumstances beyond our control.

Obsidian may reject, cancel, suspend, delay, reassign, or modify a service request when reasonably necessary for safety, operational, legal, payment, coverage, or availability reasons.

6. Estimated Arrival Times

All estimated arrival times, travel times, distances, routes, and service-completion estimates are estimates only.

Estimates may change because of traffic, weather, road conditions, provider availability, changes in assignment, inaccurate location information, vehicle access, emergencies, or other circumstances.

You should not rely on an ETA as a guaranteed arrival or completion time.

7. Accounts and Account Security

Certain features may require you to create an account. You agree to provide accurate, current, and complete information and to promptly update information that changes.

You are responsible for maintaining the security of your username, password, authentication codes, mobile device, and account.

You must not share one-time verification codes or permit unauthorized persons to access your account.

You agree to notify Obsidian promptly if you suspect unauthorized account access, credential theft, or another security incident.

You are responsible for activities conducted through your account unless prohibited by applicable law.

8. User Responsibilities

You agree to:

• Provide truthful and accurate information;
• Provide a correct service location and vehicle description;
• Remain reasonably available for service-related communication;
• Follow lawful and reasonable safety instructions;
• Disclose known hazards or unusual vehicle conditions;
• Ensure that the vehicle is lawfully accessible;
• Provide keys, access, or authorization when necessary;
• Pay applicable charges;
• Treat Providers and Obsidian personnel respectfully; and
• Comply with these Terms and applicable law.

You are responsible for securing personal belongings and removing valuables from a vehicle when reasonably possible. Obsidian is not responsible for unattended personal property except to the extent liability cannot legally be excluded.

9. Prohibited Conduct

You must not:

• Submit fraudulent, false, or unauthorized service requests;
• Use the Services for unlawful, abusive, or dangerous activity;
• Harass, threaten, discriminate against, or harm another person;
• Impersonate another person or organization;
• Use stolen payment information or false identity information;
• Interfere with dispatch, GPS, communications, or service operations;
• Attempt to gain unauthorized access to accounts or systems;
• Introduce malware, malicious code, or harmful content;
• Scrape, copy, reverse engineer, or exploit the Services;
• Use automated systems without written authorization;
• Manipulate ratings, reviews, service records, or provider metrics;
• Use the Services to facilitate theft or unauthorized vehicle access;
• Misuse emergency, safety, or fraud-reporting features; or
• Violate intellectual-property or privacy rights.

Obsidian may investigate suspected violations and may suspend or terminate access, cancel requests, preserve records, or cooperate with authorities when appropriate.

10. Emergency Situations

11. Safety and Service Conditions

A Provider may decline, pause, or discontinue a service when the Provider reasonably determines that conditions are unsafe, illegal, inaccessible, beyond the Provider’s equipment or capabilities, or materially different from the submitted request.

Unsafe conditions may include:

• Active traffic hazards;
• Fire, flooding, severe weather, or unstable terrain;
• Hazardous materials;
• Violence, threats, or aggressive behavior;
• Unsafe vehicle positioning;
• Insufficient clearance or access;
• Improperly secured loads;
• Conditions requiring law-enforcement assistance; or
• Work requiring specialized equipment not available at the scene.

12. Fees, Pricing, and Payment Authorization

You agree to pay all prices, fees, taxes, tolls, surcharges, mileage charges, after-hours charges, cancellation charges, storage charges, administrative charges, and other amounts disclosed or otherwise applicable to a requested service.

Pricing may depend on service type, location, distance, vehicle type, equipment required, time of day, provider availability, market conditions, and circumstances discovered at the service location.

Additional authorization may be requested if the actual service differs materially from the original request.

By submitting a payment method, you authorize Obsidian and its payment processors to:

• Verify the payment method;
• Place an authorization hold;
• Charge applicable amounts;
• Process adjustments, refunds, or additional authorized charges;
• Collect unpaid balances; and
• Retain transaction records as permitted by law.

A temporary authorization hold may differ from the final charge and may remain visible until released by your financial institution.

13. Cancellations, No-Shows, and Additional Charges

Cancellation fees may apply after a Provider has accepted, begun traveling, arrived, or incurred costs relating to a service request.

A no-show, inaccessible vehicle, incorrect location, missing keys, unauthorized request, undisclosed vehicle condition, or inability to safely perform the requested service may result in a cancellation, attempted-service, inspection, mileage, or related charge.

Applicable cancellation and additional charges may be disclosed during the service-request process, by a dispatcher, in a rate agreement, or through the relevant account.

14. Refunds and Billing Disputes

Refund eligibility depends on the circumstances, applicable law, agreements, service status, expenses incurred, and payment-processor rules.

To dispute a charge, contact Obsidian promptly at support@obsidianroadside.com or (888) 676-6908.

You agree to provide reasonable information needed to investigate a billing dispute.

Fraudulent or abusive chargebacks may result in account suspension, collection activity, or other remedies permitted by law.

15. SMS and Text-Messaging Terms

15.1 How You May Opt In

Depending on the program, you may opt in through an unchecked website checkbox, account or application setting, electronic form, written authorization, inbound text conversation, recorded verbal process, or another legally permitted method.

Merely entering a telephone number does not constitute consent for every form of SMS communication. Where required, the applicable disclosure and affirmative consent method will be presented separately.

15.2 Keeping Your Number Current

You represent that you are the subscriber or authorized user of the mobile number provided.

You must notify us if you discontinue, transfer, or no longer control the number. You agree not to provide a number belonging to another person without authorization.

15.3 Transactional and Marketing Messages

Most Obsidian messages are transactional and relate to a requested service, customer-care interaction, account, payment, authentication, or security event.

Promotional or marketing messages, if offered, will be sent only under an appropriate consent process. Marketing consent may be withdrawn by replying STOP.

16. Telephone, Email, and Push Communications

You may receive telephone calls, emails, push notifications, in-application messages, or other communications relating to:

• Requested services;
• Dispatch and provider coordination;
• Account administration;
• Customer support;
• Security and fraud prevention;
• Billing and payments;
• Provider or business relationships;
• Legal and policy notices; and
• Marketing where separately authorized.

You may manage certain communication preferences through your account, device settings, unsubscribe instructions, or by contacting us.

17. Call Recording and Communication Monitoring

Where permitted by law and after any legally required notice or consent, calls, chats, and other communications may be monitored, recorded, transcribed, stored, or analyzed for:

• Quality assurance;
• Training;
• Dispatch accuracy;
• Customer support;
• Fraud prevention;
• Safety and security;
• Dispute resolution;
• Legal compliance; and
• Service improvement.

18. Location Services and GPS

Certain Services use device, vehicle, customer, driver, or Provider location information.

By enabling location permissions or using location-dependent features, you authorize the collection and use of location information as described in our Privacy Policy and in any device or application permission notice.

Location information may be used to:

• Identify your service location;
• Match and assign Providers;
• Calculate routes and ETAs;
• Display service progress;
• Verify arrival and completion;
• Support safety and fraud prevention; and
• Improve dispatch performance.

Location and mapping information may be incomplete, delayed, or inaccurate. You remain responsible for confirming that the submitted service location is correct.

19. Photographs, Documents, and User Content

You may be permitted to upload photographs, videos, documents, signatures, reviews, notes, messages, and other content (“User Content”).

You retain ownership of your User Content, but you grant Obsidian a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, display, transmit, and use it as reasonably necessary to:

• Provide and document the Services;
• Coordinate with Providers and authorized account holders;
• Process claims, disputes, payments, or support requests;
• Maintain safety and security;
• Comply with legal obligations; and
• Improve our Services.

You represent that you have the right to submit User Content and that it does not violate law or another person’s rights.

20. Reviews and Feedback

Reviews must reflect genuine experiences and must not contain threats, unlawful content, private information, discriminatory content, impersonation, or knowingly false statements.

Obsidian may moderate, remove, decline to publish, or investigate content that violates these Terms or applicable law.

Suggestions and general feedback may be used by Obsidian without compensation or restriction, provided that personal information remains governed by our Privacy Policy.

21. Intellectual Property

The Services, including software, interfaces, text, graphics, logos, trademarks, designs, databases, workflows, reports, features, and documentation, are owned by or licensed to Obsidian and are protected by applicable intellectual-property laws.

Subject to these Terms, Obsidian grants you a limited, revocable, non-exclusive, non-transferable license to use the Services for their intended purpose.

You may not:

• Copy or redistribute the Services except as authorized;
• Reverse engineer or attempt to extract source code;
• Remove ownership or trademark notices;
• Create derivative works without authorization;
• Use Obsidian branding in a misleading manner; or
• Sell, sublicense, or commercially exploit access to the Services.

22. Third-Party Services

The Services may use or link to third-party payment processors, mapping services, communication platforms, analytics systems, identity services, applications, websites, or other technology.

Third-party services are governed by their own terms and privacy policies. Obsidian is not responsible for independently operated third-party services except to the extent required by law.

23. Artificial Intelligence and Automated Tools

Obsidian may use artificial intelligence, automation, machine learning, or decision-support technology to assist with:

• Dispatch recommendations;
• Provider matching;
• Routing and ETA estimates;
• Customer-support workflows;
• Fraud and security monitoring;
• Communication processing;
• Operational analytics; and
• Service improvement.

Automated outputs may be incomplete or inaccurate and may not replace human judgment. Obsidian may review, revise, or override automated recommendations.

24. Suspension and Termination

Obsidian may suspend, restrict, or terminate access to the Services when reasonably necessary because of:

• A violation of these Terms;
• Suspected fraud or unauthorized activity;
• Threats to safety or security;
• Nonpayment;
• Abusive conduct;
• Legal or regulatory requirements;
• Operational or technical necessity; or
• Discontinuation of a Service.

You may stop using the Services at any time. Account deletion may be subject to record-retention, payment, dispute, safety, and legal requirements.

25. Disclaimer of Warranties

To the fullest extent permitted by law, the Services are provided “as is,” “as available,” and with all faults.

Obsidian disclaims all express, implied, and statutory warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, reliability, and uninterrupted operation.

Obsidian does not warrant that:

• The Services will always be available or error-free;
• A Provider will accept or complete a request;
• An ETA will be accurate;
• A vehicle can be repaired, moved, unlocked, or recovered;
• Third-party information will be accurate; or
• The Services will meet every user’s requirements.

Some jurisdictions do not allow certain warranty exclusions, so some exclusions may not apply to you.

26. Limitation of Liability

To the fullest extent permitted by law, Obsidian and its members, managers, officers, employees, contractors, affiliates, licensors, vendors, and technology partners will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, data, use, opportunity, goodwill, or business interruption.

To the fullest extent permitted by law, Obsidian’s aggregate liability arising from a particular claim will not exceed the amount paid directly to Obsidian for the specific transaction or service giving rise to that claim.

These limitations do not apply to liability that cannot lawfully be limited or excluded.

27. Provider Conduct and Physical Services

To the extent permitted by law, Obsidian is not responsible for the independent acts, omissions, workmanship, delays, representations, equipment, driving, employment practices, licensing, insurance, or business operations of an independent Provider.

Nothing in this section limits any rights you may have directly against a Provider or any liability Obsidian cannot legally disclaim.

28. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Obsidian and its members, managers, officers, employees, contractors, affiliates, licensors, and vendors from claims, losses, damages, liabilities, penalties, costs, and reasonable legal fees arising from:

• Your unlawful or unauthorized use of the Services;
• Your violation of these Terms;
• False or misleading information you provide;
• Your violation of another person’s rights;
• Your User Content;
• Your fraud, negligence, or willful misconduct; or
• A service request you were not authorized to make.

This obligation does not apply to the extent a claim was caused by Obsidian’s conduct and indemnification is prohibited by law.

29. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules, except where federal law applies or another law cannot lawfully be waived.

30. Informal Dispute Resolution

Before filing a formal claim, you agree to contact Obsidian and provide a reasonable opportunity to resolve the dispute informally.

A written dispute notice should identify:

• Your name and contact information;
• The relevant account or service request;
• A description of the dispute;
• The supporting facts or documents; and
• The requested resolution.

Notices may be emailed to support@obsidianroadside.com .

31. Arbitration and Class-Action Waiver

32. Force Majeure

Obsidian is not liable for delay, interruption, or failure caused by events beyond its reasonable control, including:

• Severe weather or natural disasters;
• Traffic, road closures, or transportation disruptions;
• Fire, flood, earthquake, or public emergency;
• War, terrorism, civil unrest, or government action;
• Labor disputes;
• Utility, internet, telecommunications, or carrier outages;
• Cyberattacks or widespread technology failures;
• Provider shortages; or
• Other circumstances outside reasonable control.

33. Changes to the Services

Obsidian may modify, replace, suspend, restrict, or discontinue any feature or part of the Services.

We are not obligated to continue offering a particular product, feature, geographic area, provider relationship, or integration.

34. Changes to These Terms

We may update these Terms to reflect changes in law, Services, business practices, or technology.

Updated Terms will be posted with a revised “Last Updated” date. Where required by law, we will provide additional notice or request renewed consent.

Your continued use of the Services after updated Terms become effective constitutes acceptance of the revised Terms, except where further consent is legally required.

35. Electronic Communications and Signatures

You consent to receive agreements, disclosures, receipts, records, notices, and other communications electronically, subject to applicable law and your communication preferences.

Electronic acceptance, checkboxes, signatures, account actions, and related records may have the same legal effect as physical signatures and paper records.

36. Assignment

You may not assign or transfer these Terms or your account without Obsidian’s written consent.

Obsidian may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, or transfer of the relevant business, subject to applicable law.

37. Severability

If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum lawful extent or modified as necessary, and the remaining provisions will remain effective.

38. No Waiver

A failure to enforce a provision of these Terms is not a waiver of that provision or any other right.

39. Entire Agreement

These Terms, the Privacy Policy, applicable order forms, rate agreements, provider agreements, service disclosures, and other policies expressly incorporated by reference constitute the agreement between you and Obsidian concerning the relevant Services.

If a separate signed agreement conflicts with these Terms, the signed agreement controls to the extent of the conflict for the parties and subject matter it covers.

40. Contact Information