Log In
Get Started

Terms of Service

TERMS OF SERVICE

Obsidian Roadside & Recovery LLC

Effective Date: September 4, 2026
Last Updated: September 4, 2026

These Terms of Service (“Terms”) constitute a legally binding agreement between you and Obsidian Roadside & Recovery LLC (“Obsidian,” “we,” “us,” or “our”) governing your access to and use of Obsidian’s websites, mobile applications, customer applications, provider applications, driver applications, web portals, dispatch systems, marketplaces, communications systems, software, APIs, and related services.

Collectively, these websites, applications, systems, technology, and related services are referred to as the “Platform.”

Please read these Terms carefully.

By accessing or using the Platform, creating an account, submitting or accepting a service request, participating as a provider or driver, clicking an acceptance button, electronically agreeing to these Terms, or otherwise using any portion of the Platform, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you should not access or use the Platform.

1. ABOUT THE OBSIDIAN PLATFORM

Obsidian operates a technology-enabled automotive service coordination, roadside assistance, dispatch, provider-network, marketplace, communications, and service-management platform.

The Platform may allow individuals, businesses, fleets, enterprise customers, insurers, motor clubs, and other organizations to:

  • request roadside or automotive services;

  • communicate with service providers;

  • receive dispatch information;

  • monitor service progress;

  • view estimated arrival times;

  • obtain quotations;

  • schedule appointments;

  • manage service records;

  • submit photographs or documents;

  • communicate with customer support;

  • make or facilitate payments;

  • manage service providers;

  • administer fleets or enterprise accounts; and

  • access other automotive-related technology and services.

The Platform may also allow independent providers and their drivers, technicians, dispatchers, or other authorized personnel to receive, accept, manage, document, and complete service opportunities.

2. OBSIDIAN IS A TECHNOLOGY AND COORDINATION PLATFORM

Unless expressly stated otherwise in a written agreement, Obsidian provides technology, communications, coordination, marketplace, administrative, and dispatch services.

Obsidian does not necessarily own, operate, employ, or control every towing company, roadside provider, repair facility, technician, driver, or other service professional accessible through the Platform.

Underlying automotive services may be performed by independent third-party businesses or service professionals.

These may include:

  • towing companies;

  • roadside assistance providers;

  • mobile mechanics;

  • repair facilities;

  • collision repair facilities;

  • technicians;

  • drivers;

  • transportation providers; and

  • other automotive service businesses.

The identity of the provider performing a particular service may be communicated through the Platform.

3. INDEPENDENT SERVICE PROVIDERS

Unless a separate written agreement expressly states otherwise, service providers participating on the Platform operate as independent businesses.

Nothing in these Terms alone creates an employment, partnership, franchise, agency, joint venture, or fiduciary relationship between Obsidian and an independent service provider.

Independent providers are generally responsible for their own:

  • personnel;

  • drivers;

  • technicians;

  • equipment;

  • vehicles;

  • licenses;

  • permits;

  • insurance;

  • taxes;

  • employment obligations;

  • safety practices;

  • business operations; and

  • performance of the physical services they provide.

Obsidian may establish Platform eligibility standards, documentation requirements, service standards, customer-service expectations, safety requirements, quality controls, technology requirements, and performance standards without changing the legal relationship created by applicable provider agreements.

Providers may be subject to separate agreements, including a:

  • Master Provider Agreement;

  • Independent Contractor Agreement;

  • Rate Agreement;

  • Service-Level Agreement;

  • Provider Handbook;

  • confidentiality agreement;

  • payment agreement; or

  • other written agreement.

If a signed provider agreement conflicts with these Terms regarding a provider-specific issue, the signed provider agreement controls to the extent of that conflict.

4. ELIGIBILITY

You must have the legal capacity to enter into these Terms.

If you use the Platform on behalf of a company, fleet, provider, insurer, employer, or other organization, you represent that you have authority to act on behalf of that organization.

You may not use the Platform where such use is prohibited by applicable law.

5. USER ACCOUNTS

Certain Platform functionality may require an account.

When creating or maintaining an account, you agree to provide accurate, current, and complete information.

You are responsible for:

  • safeguarding account credentials;

  • maintaining accurate account information;

  • preventing unauthorized access;

  • maintaining control of devices used to access your account; and

  • promptly notifying Obsidian of suspected unauthorized activity.

You may not knowingly permit unauthorized persons to use an account assigned exclusively to you.

Obsidian may require verification of:

  • identity;

  • telephone number;

  • email address;

  • business identity;

  • provider affiliation;

  • driver authorization;

  • payment information; or

  • other information reasonably necessary to protect the Platform.

6. SERVICE REQUESTS

Customers may use the Platform to request automotive-related assistance.

Submitting a service request does not guarantee:

  • provider availability;

  • acceptance by a particular provider;

  • arrival within a specific period;

  • successful completion of a service;

  • availability of particular equipment;

  • availability of a requested destination;

  • a particular price unless expressly confirmed; or

  • assignment of a particular provider or driver.

Obsidian may facilitate reassignment of a service request when appropriate.

A service may also be delayed, modified, canceled, or declined because of circumstances including:

  • provider availability;

  • weather;

  • traffic;

  • unsafe conditions;

  • road closures;

  • law-enforcement activity;

  • incorrect customer information;

  • vehicle condition;

  • equipment limitations;

  • location accessibility;

  • communications failures; or

  • circumstances outside the reasonable control of Obsidian or the provider.

7. ESTIMATED ARRIVAL TIMES

Estimated arrival times, travel times, distances, routing estimates, service-duration estimates, and similar information displayed through the Platform are estimates only.

Actual arrival or completion times may vary because of:

  • traffic;

  • weather;

  • distance;

  • provider availability;

  • prior assignments;

  • road conditions;

  • road closures;

  • inaccurate location information;

  • emergencies;

  • dispatch changes;

  • vehicle conditions;

  • communications interruptions; or

  • other circumstances.

An estimated arrival time is not a guarantee.

8. EMERGENCY SERVICES DISCLAIMER

THE OBSIDIAN PLATFORM IS NOT A SUBSTITUTE FOR 911 OR OTHER PUBLIC EMERGENCY SERVICES.

If you believe that you or another person is experiencing:

  • a medical emergency;

  • immediate danger;

  • fire;

  • criminal activity;

  • a life-threatening situation;

  • a hazardous roadway condition requiring emergency intervention; or

  • another emergency requiring police, fire, medical, or governmental response,

contact 911 or the appropriate emergency authority immediately.

Do not rely on the Platform to provide emergency public-safety response.

9. CUSTOMER RESPONSIBILITIES

Customers are responsible for providing information reasonably necessary to coordinate a service.

You agree to make reasonable efforts to provide accurate information concerning:

  • your location;

  • your vehicle;

  • the nature of the problem;

  • destination, if applicable;

  • access restrictions;

  • hazards;

  • vehicle condition; and

  • other relevant circumstances.

You should promptly notify Obsidian or the assigned provider if material information changes.

You may not intentionally request a provider to perform an unlawful or unreasonably dangerous service.

10. VEHICLE ACCESS AND AUTHORITY

By requesting service for a vehicle, you represent that you are:

  • the owner of the vehicle;

  • authorized by the owner;

  • an authorized driver;

  • an authorized fleet representative; or

  • otherwise legally entitled to request the service.

A provider may decline to access, unlock, tow, transport, repair, or otherwise service a vehicle when ownership or authorization cannot reasonably be established.

Additional identification or proof of authority may be requested.

11. TOWING AND TRANSPORTATION SERVICES

Where towing or vehicle transportation is arranged through the Platform, the performing provider may impose additional lawful requirements relating to:

  • vehicle access;

  • towing equipment;

  • vehicle condition;

  • destination;

  • storage;

  • impound status;

  • oversized vehicles;

  • specialty vehicles;

  • after-hours service;

  • mileage; and

  • site accessibility.

Additional charges may arise when the actual circumstances differ materially from the information provided when service was requested.

Any provider-specific terms disclosed before or during the service may also apply.

12. ROADSIDE AND AUTOMOTIVE SERVICES

Roadside and automotive services may include services such as:

  • jump starts;

  • battery-related assistance;

  • lockouts;

  • tire changes;

  • tire-related assistance;

  • fuel delivery;

  • towing;

  • vehicle transportation;

  • mobile mechanical services;

  • repair coordination;

  • collision-related assistance; and

  • other automotive services.

Certain services may not be appropriate or possible for every vehicle.

Providers may refuse or discontinue a service when they reasonably determine that the requested service cannot safely or lawfully be completed.

13. PROVIDER AND DRIVER RESPONSIBILITIES

Providers, drivers, and technicians participating through the Platform are responsible for complying with applicable:

  • laws;

  • regulations;

  • licensing requirements;

  • insurance requirements;

  • traffic laws;

  • vehicle requirements;

  • safety standards;

  • professional standards; and

  • contractual obligations.

Providers are responsible for ensuring that their personnel are appropriately authorized to access the Platform.

Providers are also responsible for maintaining accurate information concerning:

  • availability;

  • personnel;

  • vehicles;

  • equipment;

  • service areas;

  • qualifications;

  • licenses;

  • permits;

  • insurance; and

  • other required documentation.

14. PROVIDER ELIGIBILITY AND PLATFORM ACCESS

Obsidian may establish reasonable eligibility requirements for provider participation.

Provider or driver access may be restricted, suspended, or terminated when Obsidian reasonably identifies concerns involving:

  • expired insurance;

  • licensing;

  • incomplete documentation;

  • safety;

  • fraud;

  • customer complaints;

  • service quality;

  • account security;

  • misuse of the Platform;

  • contractual violations; or

  • legal or regulatory requirements.

Nothing in these Terms guarantees any provider or driver a minimum number of service opportunities.

15. PROVIDER RATES AND SERVICE PRICING

Pricing may vary based on:

  • provider;

  • service type;

  • geographic market;

  • distance;

  • equipment required;

  • vehicle type;

  • time of service;

  • service conditions;

  • contractual rates;

  • enterprise agreements; and

  • other disclosed factors.

Where providers establish rates through the Platform or through separate provider agreements, those rates remain subject to applicable contractual requirements and Platform rules.

A price shown before service may be an estimate unless expressly identified as final.

16. PAYMENTS

The Platform may facilitate customer payments or other authorized transactions.

By approving a transaction, you authorize the applicable charge.

Payments may be processed by a third-party payment processor.

Obsidian may receive limited transaction information necessary to:

  • confirm payment;

  • administer refunds;

  • address disputes;

  • maintain accounting records;

  • prevent fraud; and

  • administer the Platform.

Payment-card information may be handled directly by a payment processor rather than stored by Obsidian.

17. ADDITIONAL CHARGES

Additional charges may apply when the actual service materially differs from the original request.

Examples may include:

  • additional mileage;

  • specialty equipment;

  • additional labor;

  • vehicle recovery;

  • difficult access;

  • after-hours service;

  • storage;

  • tolls;

  • parking;

  • additional destination changes;

  • unusual vehicle conditions; or

  • services not included in the original request.

Where practicable, additional charges should be disclosed or authorized before they are incurred.

18. CANCELLATIONS AND NO-SHOWS

Cancellation, dispatch, no-show, mileage, after-hours, or related fees may apply depending upon:

  • the provider;

  • service type;

  • contractual arrangement;

  • amount of travel already completed;

  • time of cancellation; and

  • disclosed transaction terms.

Refund eligibility may depend upon the circumstances of the transaction.

19. REFUNDS AND PAYMENT DISPUTES

Refund requests and billing disputes may be reviewed based upon:

  • service records;

  • provider documentation;

  • customer communications;

  • photographs;

  • GPS or dispatch information;

  • transaction records; and

  • applicable contractual terms.

Issuing a refund does not necessarily constitute an admission of fault or liability.

20. DAMAGE CLAIMS AND INCIDENTS

Customers should report alleged damage, loss, unsafe conduct, or service incidents promptly.

Obsidian may request information reasonably necessary to investigate an incident, including:

  • photographs;

  • videos;

  • repair estimates;

  • invoices;

  • proof of ownership;

  • service records;

  • communications;

  • statements;

  • insurance information; and

  • other relevant documentation.

Submission or investigation of a claim does not constitute an admission of liability by Obsidian or the service provider.

Where an independent provider performed the physical service, claims relating to that provider’s acts or omissions may be referred to the provider or its insurer.

Obsidian may cooperate in the exchange of relevant records where appropriate and lawful.

21. LOCATION SERVICES

Certain Platform functionality may require approximate or precise location information.

Customers may use location information to:

  • identify service location;

  • locate providers;

  • monitor provider progress; and

  • facilitate service.

Providers and drivers may use location functionality to:

  • receive dispatch opportunities;

  • calculate distance;

  • provide navigation;

  • calculate estimated arrival;

  • confirm arrival;

  • update service progress;

  • coordinate active jobs; and

  • support safety and fraud prevention.

Location permissions remain subject to applicable device controls.

22. BACKGROUND LOCATION FOR PROVIDERS AND DRIVERS

Provider or driver applications may require background-location functionality while a provider or driver is:

  • online or available for dispatch;

  • assigned to an active service;

  • traveling to a customer;

  • navigating to a destination;

  • performing an active job; or

  • completing location-dependent service activity.

Background location may be used for legitimate dispatch, safety, navigation, service-status, estimated-arrival, and fraud-prevention purposes.

Where required, appropriate device permissions and disclosures will be presented before protected location information is accessed.

23. PHOTOGRAPHS, CAMERA ACCESS, AND DOCUMENTATION

Users may submit photographs, videos, signatures, receipts, notes, and other documentation through the Platform.

Documentation may be used for:

  • service verification;

  • vehicle-condition records;

  • provider compliance;

  • damage claims;

  • customer support;

  • payment administration;

  • fraud prevention;

  • dispute resolution;

  • quality assurance; and

  • legal compliance.

You represent that you have the lawful right to submit information or content you upload to the Platform.

24. COMMUNICATIONS

Obsidian may communicate with users through channels appropriate to the service or account relationship, subject to applicable legal requirements.

Communication channels may include:

  • telephone;

  • SMS;

  • MMS;

  • email;

  • push notifications;

  • in-app messaging; and

  • Platform notifications.

An interaction started through one channel may continue through another channel when appropriate and legally permitted.

For example, a service request initiated through the mobile application may result in a telephone call or SMS communication relating to the same service.

25. SMS AND MMS TERMS

Obsidian may offer SMS or MMS communications for conversational, informational, transactional, service-related, customer-care, account, authentication, and security purposes.

If you consent to receive applicable SMS messages from Obsidian Roadside & Recovery LLC, you may receive messages including:

  • service-request confirmations;

  • dispatch updates;

  • provider assignment information;

  • provider arrival updates;

  • estimated arrival information;

  • appointment notifications;

  • service-status notifications;

  • customer-care communications;

  • account notifications;

  • payment-related notifications;

  • verification codes;

  • authentication messages;

  • security alerts; and

  • other communications related to services you requested or your Obsidian account.

Message frequency may vary.

Message and data rates may apply.

Reply STOP to applicable messages to opt out.

Reply HELP for assistance.

Wireless carriers are not responsible for delayed or undelivered messages.

Consent to receive SMS messages is not a condition of purchasing goods or services where applicable law requires such consent to remain optional.

Obsidian will maintain applicable opt-in and opt-out records.

Obsidian will honor legally valid SMS opt-out requests.

Additional consent may be requested before sending promotional or marketing SMS messages.

Our handling of mobile information is described in our Privacy Policy:

https://obsidianroadside.com/privacy-policy

No mobile opt-in or text message consent will be shared with third parties or affiliates for marketing or promotional purposes.

26. SMS CONSENT

Submitting a telephone number alone does not necessarily constitute consent to receive every category of SMS communication.

Where express consent is required, Obsidian may present a separate consent mechanism.

Consent may be documented using information such as:

  • telephone number;

  • date and time;

  • consent source;

  • applicable consent disclosure;

  • consent version;

  • user or account identifier; and

  • opt-in or opt-out status.

You may withdraw applicable SMS consent by using the opt-out mechanism provided.

27. TELEPHONE COMMUNICATIONS

By providing a telephone number in connection with an account or service request, you authorize Obsidian and parties participating in the requested service to contact you when reasonably necessary to:

  • coordinate service;

  • identify your location;

  • communicate with you regarding an active request;

  • provide customer support;

  • address account security;

  • respond to an inquiry;

  • administer a transaction; or

  • address another operational matter permitted by law.

Separate consent will be obtained where required for marketing, automated communications, or other activities requiring additional authorization.

28. EMAIL COMMUNICATIONS

Obsidian may send service-related, transactional, account, security, provider, and customer-support emails.

Marketing emails, where used, will be subject to applicable consent and unsubscribe requirements.

Opting out of marketing email does not prevent Obsidian from sending communications reasonably necessary for:

  • active services;

  • account security;

  • transaction administration;

  • legal notices; or

  • other non-marketing operational purposes.

29. PUSH NOTIFICATIONS AND IN-APP MESSAGING

The mobile applications may send push notifications or in-app messages relating to:

  • service requests;

  • provider assignments;

  • job opportunities;

  • dispatch;

  • estimated arrivals;

  • account activity;

  • security;

  • messages;

  • payments;

  • appointments; and

  • other Platform functions.

Device-level push-notification preferences may generally be modified through device settings.

30. CALL RECORDING, TRANSCRIPTION, AND COMMUNICATION ANALYSIS

Where legally permitted and after providing any legally required notice or obtaining any required consent, communications with Obsidian may be:

  • recorded;

  • transcribed;

  • summarized;

  • analyzed; or

  • reviewed.

These activities may be used for:

  • quality assurance;

  • customer service;

  • training;

  • security;

  • fraud prevention;

  • dispute resolution;

  • claims administration; and

  • operational improvement.

31. ARTIFICIAL INTELLIGENCE AND AUTOMATED TECHNOLOGY

Obsidian may use artificial intelligence, machine learning, algorithms, or automated decision-support technology to assist with Platform operations.

These systems may assist with functions including:

  • provider recommendations;

  • dispatch prioritization;

  • estimated-arrival calculations;

  • risk identification;

  • fraud detection;

  • communication routing;

  • service categorization;

  • customer-support assistance;

  • operational analysis;

  • summarization; and

  • Platform optimization.

Automated recommendations do not guarantee a particular outcome.

Where applicable law provides specific rights regarding legally significant automated decision-making, Obsidian will provide those rights as required.

32. ELECTRONIC TRANSACTIONS AND SIGNATURES

By using the Platform, you consent to conducting applicable transactions electronically.

Electronic actions may include:

  • clicking an acceptance button;

  • selecting a checkbox;

  • entering an electronic signature;

  • accepting a service;

  • approving a charge;

  • accepting a provider agreement;

  • acknowledging a disclosure; or

  • submitting an electronic form.

To the extent permitted by applicable law, electronic records and signatures may have the same legal effect as paper documents and handwritten signatures.

33. MARKETPLACE AND PROVIDER INFORMATION

The Platform may display information concerning independent providers, including:

  • company information;

  • service categories;

  • service areas;

  • prices;

  • availability;

  • reviews;

  • ratings;

  • photographs;

  • business information; and

  • other profile information.

Certain information may be supplied directly by providers.

Obsidian may review, verify, moderate, or remove provider information but does not guarantee that every third-party statement will always be complete or error-free.

34. REVIEWS, RATINGS, AND USER CONTENT

The Platform may permit users to submit:

  • reviews;

  • ratings;

  • photographs;

  • comments;

  • messages;

  • descriptions;

  • documents; or

  • other content.

Users may not knowingly submit content that is:

  • false;

  • fraudulent;

  • defamatory;

  • threatening;

  • harassing;

  • unlawful;

  • discriminatory;

  • obscene;

  • infringing;

  • malicious;

  • privacy-invasive; or

  • intended to improperly manipulate Platform ratings.

Obsidian may remove or restrict content that violates these Terms.

35. LICENSE TO USER-SUBMITTED CONTENT

You retain ownership of content that you lawfully own.

By submitting content through the Platform, you grant Obsidian a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, display, transmit, and use the content as reasonably necessary to:

  • operate the Platform;

  • fulfill a requested service;

  • administer transactions;

  • document services;

  • investigate claims;

  • provide customer support;

  • improve Platform operations; and

  • comply with legal requirements.

This license does not authorize Obsidian to sell private customer photographs or personal documentation as unrelated commercial products.

36. INTELLECTUAL PROPERTY

The Platform and its software, branding, designs, interfaces, text, databases, workflows, documentation, graphics, logos, trademarks, and related materials are owned by or licensed to Obsidian and are protected by applicable intellectual-property laws.

Except where expressly permitted, users may not:

  • reproduce;

  • copy;

  • modify;

  • distribute;

  • reverse engineer;

  • scrape;

  • resell;

  • sublicense;

  • create unauthorized derivative works from;

  • bypass security of; or

  • interfere with the operation of

the Platform.

37. ACCEPTABLE USE

You may not use the Platform to:

  • violate law;

  • engage in fraud;

  • impersonate another person;

  • submit knowingly false service requests;

  • access an account without authorization;

  • evade payment;

  • manipulate pricing;

  • manipulate provider rankings;

  • falsify location;

  • falsify service records;

  • compromise Platform security;

  • introduce malicious software;

  • harvest personal information;

  • send unlawful spam;

  • harass users;

  • threaten users;

  • facilitate criminal activity;

  • interfere with dispatch operations; or

  • misuse Platform communications.

38. FRAUD, SECURITY, AND RISK MANAGEMENT

Obsidian may use technological and manual controls to identify suspected:

  • fraud;

  • false service requests;

  • unauthorized account access;

  • payment abuse;

  • identity misuse;

  • location manipulation;

  • provider misconduct;

  • fabricated service records;

  • Platform abuse; and

  • cybersecurity threats.

Accounts, transactions, or services may be reviewed, delayed, limited, suspended, or terminated when reasonably necessary to protect users or the Platform.

39. THIRD-PARTY SERVICES

The Platform may integrate with third-party services including:

  • payment processors;

  • mapping services;

  • navigation services;

  • communications platforms;

  • telecommunications carriers;

  • email providers;

  • cloud services;

  • authentication providers;

  • analytics systems;

  • artificial intelligence services; and

  • other technology vendors.

Third-party services may be subject to their own legal terms and privacy policies.

Obsidian is not responsible for an independent third party’s separate services, conduct, systems, or outages except to the extent responsibility cannot legally be excluded.

40. ENTERPRISE, FLEET, INSURANCE, AND BUSINESS ACCOUNTS

Businesses, fleets, insurers, motor clubs, employers, and other organizations may use the Platform under separate commercial agreements.

Such agreements may govern matters including:

  • pricing;

  • services;

  • invoicing;

  • service levels;

  • reporting;

  • data access;

  • payment;

  • provider networks; and

  • liability.

If a signed commercial agreement conflicts with these Terms regarding a matter specifically governed by that agreement, the signed commercial agreement controls.

41. PLATFORM AVAILABILITY

Obsidian does not guarantee uninterrupted availability of the Platform.

Platform availability may be affected by:

  • maintenance;

  • telecommunications failures;

  • internet outages;

  • cloud-service outages;

  • mapping-service outages;

  • third-party failures;

  • cybersecurity incidents;

  • natural disasters;

  • emergencies;

  • governmental action; or

  • other circumstances outside Obsidian’s reasonable control.

42. UPDATES AND PLATFORM CHANGES

Obsidian may modify, improve, add, remove, suspend, or discontinue Platform functionality.

Mobile applications may require updates to continue functioning correctly.

Obsidian does not guarantee that every previous Platform feature will remain available indefinitely.

43. ACCOUNT SUSPENSION OR TERMINATION

Obsidian may limit, suspend, or terminate access where reasonably necessary because of:

  • violation of these Terms;

  • fraud;

  • safety concerns;

  • abusive conduct;

  • unlawful conduct;

  • account compromise;

  • nonpayment;

  • provider compliance issues;

  • licensing or insurance issues;

  • cybersecurity concerns;

  • contractual violations; or

  • legal requirements.

Users may discontinue use of the Platform at any time.

44. ACCOUNT DELETION

Users eligible for account deletion may request permanent deletion in accordance with the Privacy Policy and applicable Platform procedures.

Where an Obsidian application permits account creation, Obsidian intends to provide an accessible account-deletion pathway consistent with applicable app-store requirements.

Account deletion generally includes deletion or de-identification of associated personal information, except records Obsidian is legally permitted or required to retain.

Examples may include records needed for:

  • legal compliance;

  • tax and accounting requirements;

  • fraud prevention;

  • security;

  • payments;

  • chargebacks;

  • damage claims;

  • insurance claims;

  • disputes;

  • litigation; and

  • enforcement of contractual rights.

Temporary account suspension or deactivation is not treated as permanent account deletion.

45. PRIVACY

Obsidian’s collection, use, retention, and disclosure of personal information is governed by the Obsidian Privacy Policy:

https://obsidianroadside.com/privacy-policy

The Privacy Policy is incorporated into these Terms by reference where applicable.

46. DISCLAIMER REGARDING INDEPENDENT PROVIDERS

To the maximum extent permitted by law, Obsidian does not guarantee the acts, omissions, workmanship, judgment, conduct, or performance of an independent third-party service provider.

This provision does not eliminate any obligation imposed on Obsidian by applicable law.

Obsidian may establish provider standards and may investigate complaints or remove providers from the Platform, but such actions do not constitute a guarantee of every provider’s performance.

47. WARRANTY DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

OBSIDIAN DISCLAIMS WARRANTIES THAT MAY LAWFULLY BE DISCLAIMED, INCLUDING IMPLIED WARRANTIES OF:

  • MERCHANTABILITY;

  • FITNESS FOR A PARTICULAR PURPOSE;

  • NON-INFRINGEMENT; and

  • UNINTERRUPTED OR ERROR-FREE OPERATION.

OBSIDIAN DOES NOT GUARANTEE THAT:

  • A PROVIDER WILL ALWAYS BE AVAILABLE;

  • A PARTICULAR PROVIDER WILL ACCEPT A REQUEST;

  • EVERY SERVICE CAN BE COMPLETED;

  • AN ESTIMATED ARRIVAL TIME WILL BE EXACT;

  • THIRD-PARTY SYSTEMS WILL ALWAYS BE AVAILABLE; OR

  • THE PLATFORM WILL OPERATE WITHOUT INTERRUPTION.

Nothing in these Terms excludes a warranty or consumer right that cannot legally be waived.

48. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OBSIDIAN WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF THE PLATFORM.

Where physical services are performed by an independent provider, the provider remains responsible for its own acts and omissions to the extent imposed by applicable law.

Nothing in these Terms limits liability that applicable law does not permit the parties to exclude or limit.

Any transaction-specific or provider-specific liability terms contained in a separate valid agreement may also apply.

49. INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Obsidian, its affiliates, officers, directors, employees, and agents from third-party claims arising from:

  • your unlawful use of the Platform;

  • your material violation of these Terms;

  • fraud committed by you;

  • content you unlawfully submit;

  • infringement of another person’s rights; or

  • intentional misconduct.

Provider-specific indemnification obligations may be governed by separate written provider agreements.

50. FORCE MAJEURE

Obsidian will not be responsible for delay or inability to perform obligations caused by circumstances beyond its reasonable control, including:

  • natural disasters;

  • severe weather;

  • wildfire;

  • flood;

  • earthquake;

  • war;

  • terrorism;

  • civil unrest;

  • labor disruption;

  • governmental action;

  • telecommunications outage;

  • internet outage;

  • cloud infrastructure failure;

  • widespread power failure; or

  • similar events.

This section does not excuse obligations that applicable law does not permit to be excused.

51. INFORMAL DISPUTE RESOLUTION

Before either you or Obsidian initiates arbitration, the party asserting a dispute must first provide the other party with written notice of the dispute and a reasonable opportunity to resolve it informally.

A notice sent to Obsidian should include:

  • your full name;

  • telephone number and email address associated with your Obsidian account, if applicable;

  • a description of the dispute;

  • the relevant transaction or service information, if applicable;

  • the relief requested; and

  • sufficient information for Obsidian to reasonably investigate the matter.

Notices to Obsidian must be sent to:

Obsidian Roadside & Recovery LLC
Legal Department
support@obsidianroadside.com
2370 Waterloo Rd, Stockton CA 95205

The parties agree to attempt in good faith to resolve the dispute for at least 30 days after a complete written notice is received before commencing arbitration.

This informal dispute-resolution requirement does not prevent either party from seeking relief in small claims court where permitted or requesting temporary or emergency injunctive relief where necessary to prevent immediate and irreparable harm.

52. AGREEMENT TO BINDING INDIVIDUAL ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Except for disputes specifically excluded below, you and Obsidian Roadside & Recovery LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, the Platform, your account, a service request, a transaction, communications with Obsidian, or your relationship with Obsidian will be resolved through final and binding arbitration on an individual basis rather than in court.

This agreement to arbitrate is intended to be interpreted broadly to the fullest extent permitted by applicable law.

The Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of this arbitration agreement.

Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may permit more limited discovery than court proceedings, and is subject to very limited judicial review.

The arbitrator may award the same individualized remedies that a court could award to an individual party, to the extent authorized by applicable law.

53. CLAIMS COVERED BY ARBITRATION

Subject to the exclusions stated below, this arbitration agreement applies to disputes involving or relating to:

  • access to or use of the Platform;

  • customer accounts;

  • provider or driver accounts;

  • service requests;

  • roadside assistance;

  • towing or transportation coordination;

  • automotive service coordination;

  • payments;

  • refunds;

  • cancellations;

  • fees;

  • alleged property damage;

  • communications;

  • SMS or MMS messages;

  • telephone calls;

  • email;

  • push notifications;

  • privacy;

  • data handling;

  • advertisements or representations;

  • customer support;

  • provider interactions;

  • application functionality;

  • these Terms;

  • the Privacy Policy; and

  • any other aspect of the relationship between you and Obsidian.

This provision applies to claims based on contract, tort, statute, regulation, ordinance, fraud, misrepresentation, or any other legal or equitable theory, except where applicable law prohibits arbitration of a particular claim.

54. ARBITRATION ADMINISTRATOR

Unless the parties agree otherwise in writing, arbitration will be administered by the American Arbitration Association (“AAA”) under the applicable AAA Consumer Arbitration Rules then in effect.

Where applicable under AAA rules, the AAA Mass Arbitration Supplementary Rules may also apply.

If AAA is unable or unwilling to administer a particular arbitration and the parties cannot agree upon another administrator, a court of competent jurisdiction may appoint a substitute arbitration administrator consistent with applicable law.

55. ARBITRATION LOCATION AND FORMAT

For consumer disputes, arbitration may occur:

  • by telephone;

  • by videoconference;

  • through written submissions; or

  • in person,

as permitted under applicable arbitration rules and law.

Where an in-person hearing is required, it will take place at a reasonably convenient location for the consumer unless the parties agree otherwise.

56. ARBITRATION FEES

Payment of filing, administrative, and arbitrator fees will be governed by applicable AAA Consumer Arbitration Rules and applicable law.

Obsidian will pay arbitration fees it is required to pay under applicable law or applicable AAA consumer rules.

Nothing in this arbitration agreement is intended to require a consumer to pay arbitration costs that would make enforcement of this provision unlawful.

Each party will otherwise be responsible for its own attorneys’ fees and costs unless applicable law or the arbitrator permits an award of such fees or costs.

57. CLASS ACTION, COLLECTIVE ACTION, AND REPRESENTATIVE ACTION WAIVER

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND OBSIDIAN AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, OR REPRESENTATIVE PROCEEDING.

Unless both you and Obsidian expressly agree otherwise in writing:

  • an arbitrator may not combine claims belonging to more than one individual;

  • an arbitrator may not preside over any class, collective, or representative proceeding;

  • one person’s claims may not be arbitrated together with another person’s claims except to the extent required by applicable arbitration rules governing properly filed mass individual arbitrations; and

  • the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that individual’s claim.

YOU AND OBSIDIAN EXPRESSLY WAIVE ANY RIGHT TO HAVE A DISPUTE HEARD OR RESOLVED AS A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE ACTION TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Any dispute regarding the validity, enforceability, or scope of this Class Action, Collective Action, and Representative Action Waiver will be decided by a court of competent jurisdiction rather than an arbitrator, unless applicable law requires otherwise.

If a court determines that a particular claim or request for relief cannot lawfully be subject to this waiver, that claim or request will proceed only to the extent required by law, and all arbitrable claims will remain subject to individual arbitration to the fullest extent legally permissible.

58. WAIVER OF JURY TRIAL

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND OBSIDIAN KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY FOR DISPUTES COVERED BY THIS ARBITRATION AGREEMENT.

If a dispute is determined not to be subject to arbitration, any separate jury-trial waiver will apply only to the extent permitted by applicable law.

59. SMALL CLAIMS COURT EXCEPTION

Notwithstanding the arbitration requirements above, either party may bring an eligible individual claim in a small claims court of competent jurisdiction.

The claim must remain an individual claim and may not be pursued on a class, collective, coordinated, consolidated, or representative basis.

If a claim initially filed in small claims court is transferred, removed, appealed, or otherwise proceeds outside small claims court, either party may invoke arbitration where legally permitted.

60. TEMPORARY AND INJUNCTIVE RELIEF

Either party may seek temporary, preliminary, or emergency injunctive relief from a court of competent jurisdiction when necessary to prevent immediate and irreparable harm while arbitration is pending.

Seeking such limited relief does not waive the right to require arbitration of the underlying dispute.

61. MASS ARBITRATION

If substantially similar arbitration demands are filed against Obsidian by or with the assistance of the same or coordinated counsel or organizations, the applicable arbitration administrator’s mass-arbitration procedures may apply.

The parties agree that any such matters remain individual arbitrations and do not become a class action merely because they are subject to coordinated administrative procedures.

The arbitration administrator may apply procedures designed to efficiently administer multiple related individual claims to the extent permitted by its applicable rules and law.

Nothing in this section authorizes class arbitration.

62. 30-DAY RIGHT TO OPT OUT OF ARBITRATION

You may opt out of the arbitration agreement contained in these Terms by providing Obsidian with written notice within 30 days after the date you first accept these Terms.

Your opt-out notice must include:

  • your full legal name;

  • the email address and telephone number associated with your account, if applicable;

  • a clear statement that you wish to opt out of the Obsidian Roadside & Recovery LLC arbitration agreement; and

  • the date of your request.

The opt-out notice must be sent to:

Obsidian Roadside & Recovery LLC
Arbitration Opt-Out
Support@obsidianroadside.com
2370 Waterloo Rd, Stockton CA 95205

Opting out of arbitration will not affect your ability to use the Platform or receive services.

If you validly opt out, neither you nor Obsidian will be bound by the arbitration agreement in these Terms with respect to disputes covered by that opt-out.

All other provisions of these Terms remain effective.

63. ARBITRATION AGREEMENT SEVERABILITY

Except as specifically provided in the Class Action, Collective Action, and Representative Action Waiver, if any portion of this arbitration agreement is found invalid or unenforceable, the remaining portions will remain in effect to the maximum extent permitted by law.

If a final court determination concludes that arbitration cannot lawfully be required for a particular claim or form of relief, that claim or relief may proceed in court while all remaining arbitrable claims will proceed in arbitration.

64. SURVIVAL OF ARBITRATION AGREEMENT

This arbitration agreement survives:

  • termination of your account;

  • deletion of your account;

  • completion of a service;

  • termination of these Terms; and

  • termination of your relationship with Obsidian,

to the extent permitted by applicable law.

65. GOVERNING LAW

The arbitration agreement contained in these Terms is governed by the Federal Arbitration Act.

Except for matters governed by the Federal Arbitration Act or other controlling federal law, these Terms will be governed by the laws of the State of California, without regard to conflict-of-law principles, while preserving any non-waivable rights provided by applicable consumer law.

A separate written provider, enterprise, fleet, insurer, employment, or other commercial agreement may specify different governing law for the matters governed by that agreement.

66. CHANGES TO THESE TERMS

Obsidian may update these Terms from time to time to reflect changes in:

  • law;

  • regulation;

  • Platform functionality;

  • business operations;

  • technology;

  • communications practices; or

  • service offerings.

The “Last Updated” date will be revised when these Terms change.

Where legally required, Obsidian will provide additional notice or obtain additional acceptance before a material change becomes effective.

For material changes to arbitration or dispute-resolution provisions, Obsidian may require affirmative acceptance where reasonably appropriate or legally required.

Continued use after an effective update may constitute acceptance where permitted by law.

67. SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent legally permissible or severed where necessary.

The remaining provisions will continue in effect.

68. NO WAIVER

Failure by Obsidian to enforce any provision of these Terms does not waive Obsidian’s right to enforce that provision later.

69. ASSIGNMENT

You may not assign your rights or obligations under these Terms without Obsidian’s prior written consent.

Obsidian may assign these Terms where permitted by law in connection with:

  • a merger;

  • acquisition;

  • financing;

  • restructuring;

  • corporate reorganization;

  • transfer of assets; or

  • similar transaction.

70. ENTIRE AGREEMENT

These Terms, the Privacy Policy, and any additional terms expressly incorporated into them constitute the agreement governing general use of the Platform.

Separate agreements may additionally govern relationships with:

  • providers;

  • drivers;

  • employees;

  • enterprise customers;

  • fleets;

  • insurers;

  • motor clubs;

  • vendors; and

  • other commercial partners.

Where a separately signed agreement governs a particular matter, that agreement controls regarding that matter to the extent of a direct conflict.

71. CONTACT INFORMATION

Questions regarding these Terms may be directed to:

Obsidian Roadside & Recovery LLC

Website:
https://obsidianroadside.com

Telephone:
(888) 676-6908

Legal / Support Email:
Support@obsidianroadside.com

Mailing Address:
2370 Waterloo Rd, Stockton CA 95205

Privacy Policy:
https://obsidianroadside.com/privacy-policy

Account Deletion:
https://obsidianroadside.com/account-deletion

72. SMS SUPPORT

For assistance regarding Obsidian SMS communications:

Reply HELP to an applicable Obsidian SMS message or contact:

Obsidian Roadside & Recovery LLC
(888) 676-6908
https://obsidianroadside.com

To stop applicable SMS communications, reply:

STOP

Message and data rates may apply.

Message frequency may vary.

73. ACKNOWLEDGMENT

By accessing or using the Obsidian Platform, you acknowledge that you have had an opportunity to review these Terms and agree to be bound by them.

Where applicable law requires separate affirmative consent for a particular activity—such as certain SMS communications, marketing communications, protected device permissions, electronic signatures, arbitration, or other regulated activities—acceptance of these Terms does not replace any separate consent required by applicable law.

END OF TERMS OF SERVICE