TowWithin Terms of Use
1. Acceptance
By downloading, installing, or using TowWithin ("the App"), you agree to these Terms. If you do not agree, do not use the App. You must be old enough to hold a valid driver's licence in your jurisdiction to use the App for towing decisions.
2. What the App is
TowWithin compares figures you enter, or that we retrieve from public vehicle datasets, against published manufacturer limits, and reports whether a given combination appears to be within those limits.
It is an informational calculator. It is not an inspection, a certification, a professional engineering opinion, or a substitute for your vehicle's owner's manual.
3. Vehicle limits vary — the numbers we show may not describe your vehicle
This section matters more than any other in these Terms. Read it.
Published towing and payload ratings describe a vehicle as manufactured, in ideal condition, under test conditions. The real capability of the specific vehicle in your driveway can be materially lower. Factors that reduce it include, without limitation:
- Wear and age — worn brakes, tyres, suspension, transmission, cooling system, hitch components, and bearings all reduce real-world capability.
- Modifications — lifts, larger tyres, different axle ratios, bumpers, winches, racks, campers, toolboxes, aftermarket hitches, and any other addition changes both weight and capacity, often in ways the published rating no longer reflects.
- Actual weight versus listed weight — curb weights are nominal. Fuel, passengers, cargo, fluids, accessories, and equipment all add weight the published figure does not include. The only reliable figure is your vehicle weighed on a certified scale, loaded as you intend to drive it.
- Load distribution — tongue weight, cargo placement, and trailer balance change handling and stability independently of gross weight. A combination that is "within limits" on paper can still be dangerous if badly loaded.
- Conditions — grade, altitude, heat, wind, towing distance, and road surface all reduce practical capability, sometimes sharply.
- Trailer condition — brakes, tyres, bearings, coupler, safety chains, and breakaway systems on the trailer are outside anything the App can assess.
- Data limitations — our vehicle data comes from public NHTSA datasets and similar sources. It may be incomplete, outdated, or wrong for your trim, configuration, or model year.
Accordingly:
- Always consult your vehicle's owner's manual and the manufacturer's door-jamb and hitch placards. Where they disagree with the App, the manufacturer governs — always.
- Do not tow at or near your calculated limit if you can avoid it. Leave margin. A result that is technically "within limits" is not a recommendation to load to that point, and the App does not tell you that a load is safe — only that the figures you supplied fall within the figures we hold.
- Weigh your actual loaded combination at a certified scale before relying on any calculation for a real trip.
- Have your vehicle, hitch, and trailer inspected by a qualified mechanic, and maintain them.
- If in doubt, do not tow.
4. Assumption of risk and release
Towing is inherently dangerous. Errors can cause loss of control, jackknifing, rollover, brake failure, tire failure, mechanical damage, collision, serious injury, and death.
You knowingly and voluntarily assume all risk arising from your towing decisions, including risks arising from inaccurate, incomplete, or outdated information presented by the App. You are solely responsible for the safe and lawful operation of your vehicle and trailer, including compliance with all applicable licensing, weight, equipment, braking, lighting, and roadworthiness laws in every jurisdiction you travel through.
RELEASE. To the maximum extent permitted by applicable law, you hereby release, waive, and discharge QuassLabs, Inc., its owners, officers, employees, and contractors (the "Released Parties") from any and all claims, demands, and causes of action of every kind arising out of or relating to your use of the App — including claims arising from the Released Parties' own negligence — and including claims for property damage, mechanical failure, collision, personal injury, and death.
You acknowledge that you have read this release, that you understand it releases the Released Parties from liability for their own negligence, and that you agree to it freely.
This release does not apply to gross negligence, recklessness, willful misconduct, or fraud, and does not apply where, or to the extent that, applicable law prohibits such a release. Some jurisdictions do not permit the release of liability for personal injury or death; in those jurisdictions this section applies only to the extent permitted, and the remainder of these Terms continues in force.
5. No warranty
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
We do not warrant that calculations are accurate, that vehicle data is correct or current, or that the App will be uninterrupted or error-free.
6. Limitation of liability
(a) Excluded categories of damages.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUASSLABS, INC., ITS OWNERS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, ARISING OUT OF OR RELATING TO THE APP, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) Direct damages.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND SEPARATELY FROM SUBSECTION (a), THE RELEASED PARTIES SHALL NOT BE LIABLE FOR DIRECT DAMAGES ARISING FROM YOUR TOWING DECISIONS — INCLUDING DAMAGE TO ANY VEHICLE, TRAILER, CARGO, OR OTHER PROPERTY, MECHANICAL FAILURE, LOSS OF WARRANTY COVERAGE, COLLISION, PERSONAL INJURY, OR DEATH — BECAUSE SUCH DECISIONS DEPEND ON FACTORS THE APP CANNOT OBSERVE OR VERIFY, AS DESCRIBED IN SECTION 3.
(c) Cap.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE APP SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE APP IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100.00).
(d) Where the law does not permit this. Some jurisdictions do not allow the exclusion or limitation of certain damages, including liability for personal injury or death, or for gross negligence, recklessness, or willful misconduct. In those jurisdictions our liability is limited to the greatest extent permitted by applicable law, and nothing in these Terms limits any liability that cannot lawfully be limited. Subsections (a), (b), and (c) are independent: if any one is held unenforceable, the others remain in effect. These limitations apply regardless of whether any remedy fails of its essential purpose.
7. Indemnity (third-party claims only)
You agree to indemnify and hold harmless QuassLabs, Inc. from third-party claims, losses, liabilities, and reasonable legal fees to the extent arising from (a) your breach of these Terms, (b) your violation of law, or (c) your unauthorised redistribution or resale of promotional codes.
This section does not apply to any claim brought by you or on your behalf, to any claim that the App produced an incorrect or misleading result, or to any claim arising from our own negligence, gross negligence, recklessness, or willful misconduct.
We will notify you promptly of any claim for which we seek indemnity, allow you to control the defence with counsel reasonably acceptable to us, and not settle without your consent (not unreasonably withheld).
8. Purchases, promotional codes, and refunds
- The premium unlock is a one-time purchase processed by Google Play. There is no subscription.
- Refunds are governed by Google Play's refund policy. We do not process payments and generally cannot issue refunds directly.
- Promotional codes may be issued with a limited number of redemptions and, in some cases, a limited duration (for example a seven-day trial). Codes are non-transferable, have no cash value, and may be deactivated if we reasonably believe they are being abused or redistributed without authorisation.
- Redeeming a code grants the entitlement for the period stated at issuance. A time-limited entitlement expires automatically.
9. Acceptable use
Do not reverse engineer, decompile, resell, sublicense, scrape, or attempt to circumvent purchase or entitlement checks; interfere with our servers; or use the App unlawfully. We may suspend access for violations.
10. Intellectual property
The App, its design, and its content are owned by QuassLabs, Inc. and protected by intellectual property law. Vehicle data derived from public sources remains subject to the terms of those sources. You receive a limited, revocable, non-exclusive, non-transferable licence to use the App for personal purposes.
11. Privacy
Our Privacy Policy describes what we collect and why, and is incorporated into these Terms by reference.
12. Changes
We may update these Terms. Material changes will be shown in the App before they take effect. Continued use after that constitutes acceptance.
13. Governing law and disputes
These Terms are governed by the laws of the State of Utah, United States, without regard to conflict-of-laws principles.
Nothing in these Terms affects consumer rights that cannot be waived under the law of your place of residence.
14. Severability
If any provision is held unenforceable, the rest remain in force and the unenforceable provision is modified to the minimum extent necessary.
15. Contact
QuassLabs, Inc.
Email: taylor@quass.org
Postal address: 27 N 340 W, Orem, UT 84057-6627, USA