Version 2027-01-01-sample · published November 8, 2026
SAMPLE — ILLUSTRATIVE VALUES ONLY — DRAFT FOR ATTORNEY REVIEW — NOT LEGAL ADVICE — NOT FOR PUBLICATION OR SIGNATURE
Version 0.1-sample — 2026-11-08
Effective date: January 1, 2027
These Terms of Service ("Terms") are an agreement between you and eCashToll, LLC, a Pennsylvania limited liability company ("eCashToll," "we," "us"). They govern your use of the eCashToll mobile app, website and prepaid toll account (together, the "Service").
Please read Section 8 (Hard Stop and Suspension) and Section 19 (Dispute Resolution and Arbitration) carefully. Section 8 explains that when your balance runs out, your plates are removed and the toll agency will bill you directly — usually at higher rates. Section 19 requires most disputes to be resolved by individual arbitration and waives class actions, unless you opt out.
Note to counsel: Assent flow is a clickwrap checkbox on the sign-up screen ("I agree to the Terms of Service and Privacy Policy") with both documents linked, plus a separate SMS consent (Document 04). Please confirm the flow is sufficient, including E-SIGN consent to electronic delivery (see Section 21).
2.1 eCashToll lets you pay tolls without a transponder (toll tag). We hold plate-based accounts in our own name with participating Agencies. When you have a positive Balance, we add your plates to those accounts. The Agency bills us for tolls your plates incur, and we deduct the Agency Charge plus the eCashToll Fee from your Balance.
2.2 eCashToll is not a toll Agency, is not E-ZPass, and is not affiliated with, endorsed by or sponsored by any Agency or the E-ZPass Interagency Group, unless we say so expressly in the app. "E-ZPass" and Agency names are trademarks of their owners and are used only to identify toll facilities and rates.
2.3 eCashToll is not a bank. Your Balance is not a deposit account, does not earn interest and is not insured by the FDIC or any government agency.
Note to counsel: The characterization in 2.1 — eCashToll as the Agency's account holder that resells toll passage — is central to the money-transmission analysis (Memo Q1, Q2). Please conform this section to your conclusion. If a bank or licensed partner is required, this section must name it.
2.4 eCashToll only covers tolls at participating Agencies and facilities listed in the app. Some facilities operated by a participating Agency may be excluded (for example, facilities that do not accept plate-based commercial accounts). Tolls at non-covered facilities are your responsibility.
3.1 You must be at least 18 years old, a resident of the United States, and able to form a binding contract. You must have a mobile phone number that can receive text messages.
3.2 You sign in with your phone number and a one-time code we text to you. You are responsible for keeping your phone and its messages secure. Anyone who can receive texts at your number can access your Account. Tell us right away at support@ecashtoll.com or 1-800-555-0199 if your phone is lost or your number changes.
3.3 You may have only one Account. Accounts are personal and may not be sold or transferred.
3.4 You must give us accurate information and keep it current, including your plates and vehicle class.
3.5 If your mobile number is reassigned to someone else and you have not updated your Account, you are responsible for activity on the Account until you notify us.
Note to counsel: Allocation of risk on recycled phone numbers — consider whether this is enforceable and whether we should check the FCC Reassigned Numbers Database.
4.1 Registering plates. You may register up to five (5) plates at a time by entering the issuing state, the plate number and the vehicle class. You confirm that you own, lease, rent or are otherwise authorized to drive each vehicle you register, and that the vehicle class is correct. Tolls are priced by vehicle class; an incorrect class can result in higher Agency Charges, which you must pay.
4.2 One Account per plate. A plate can be in only one eCashToll Account at a time.
4.3 Moving a plate. If you remove a plate, it cannot be added to a different Account for 24 hours. This lets the Agencies' systems update and helps us charge the correct customer.
4.4 Who pays. A toll is charged to the Account that held the plate on the date and time of travel, even if the toll posts later or the plate has since moved.
4.5 Removing a plate or selling a vehicle. Remove your plate from your Account before you sell, return or stop using a vehicle. Until you do, tolls incurred by that plate are charged to you.
4.6 Enrollment timing. After you add a plate and your Balance is positive, it can take up to 72 hours (the time varies by Agency) for an Agency to accept it. The app shows the enrollment status for each Agency. A toll incurred before the app shows the plate as "Active" at that Agency is not a Covered Toll.
Note to counsel: Business to confirm per-Agency windows; see Document 05.
4.7 Rejected plates. An Agency may refuse to enroll a plate (for example, because it already has a transponder account or outstanding violations). We will tell you in the app. Tolls on a rejected plate are not Covered Tolls.
5.1 Ways to add money. You can add value by: (a) redeeming a Card bought for cash at a participating retailer; (b) redeeming a digital code or receiving a direct load from an authorized distributor; (c) paying online by credit or debit card, PayPal or Venmo through our payment providers; or (d) redeeming a Gift Card.
5.2 Card redemption. You redeem a Card by scanning it in the app and entering its PIN. The full value of the Card moves into your Account in a single redemption and the Card then has no value. See the Card Terms.
5.3 Online payments. Card and bank details are entered on our payment providers' secure pages; eCashToll does not see or store your full card number. Your payment is also subject to the provider's terms. Online loads may be held for up to 24 hours before they can be used, to prevent fraud.
Note to counsel: Business decision — Memo §4.8.
5.4 Limits. We may set minimum and maximum load amounts and daily and monthly limits, which are shown in the app.
Note to counsel: Limits may be required to stay within the closed-loop prepaid access threshold — Memo Q1(b).
5.5 Chargebacks and reversals. If a payment you made is reversed or charged back, we will deduct that amount from your Balance. If that makes your Balance negative, Section 10 applies, and we may suspend your Account.
5.6 Shortfall first. If your Balance is negative when you add money, the new money first pays the negative amount.
6.1 Price per toll. For each Covered Toll you pay: (a) the Agency Charge, plus (b) the eCashToll Fee. The eCashToll Fee is set per Agency and may be a flat amount per toll, a percentage of the Agency Charge, or both. The current fee for each Agency is shown in the app and at ecashtoll.com/fees. Unless the app shows otherwise, the eCashToll Fee is $0.75 per toll.
6.2 The Agency Charge. The Agency Charge is the rate the Agency charges eCashToll under its agreement with us, which may be the Agency's commercial, fleet, plate-account or other rate. It may differ from rates offered to E-ZPass customers or pay-by-plate customers.
6.3 Three prices shown in the app. For each toll, the app shows: (1) the E-ZPass rate — what a driver with a transponder account at that Agency would typically pay; (2) the pay-by-plate (video toll) rate — what the Agency would typically bill by mail to a driver with no account; and (3) eCashToll's price — what we charge you. The E-ZPass and pay-by-plate rates are shown for comparison only, are based on published Agency rate schedules as of the date shown in the app, and do not include any fees or penalties an Agency may add. You may be eligible to open an E-ZPass or other transponder account directly with an Agency, which may cost less.
Note to counsel: Memo Q8 — UDAP review of the comparison display and this disclosure.
6.4 Estimates and Holds. If you allow location access, the app may estimate tolls on your trip and place a Hold on your Balance for the estimated amount. A Hold reduces the Balance available to you but is not a charge. When the Agency posts the actual toll, we replace the estimate with the actual Agency Charge plus the eCashToll Fee and release any difference. Holds that do not match a posted toll are released after 14 days. Estimates may be wrong; you pay the posted amount, not the estimate.
6.5 Posting delays. Agencies often post tolls days or weeks after travel. A toll is charged when it posts to us, at the price in effect on the date of travel.
Note to counsel: Date of travel vs. date of posting is a business decision; draft assumes date of travel.
6.6 Fee changes. We may change the eCashToll Fee for an Agency by giving at least 30 days' notice in the app and by text. Changes apply to tolls incurred on or after the effective date.
7.1 eCashToll does not charge monthly fees, inactivity or dormancy fees, or fees to redeem a Card. Online loads: no fee. Retailers may charge a purchase fee when you buy a Card; that fee is the retailer's and is not part of the Card value.
Note to counsel: Confirm retailer purchase fee practice and Reg E disclosure — Memo Q3.
7.2 Agency fees and penalties that are the result of your conduct (for example, wrong vehicle class, travel on a non-covered facility, or tolls after Suspension) are your responsibility.
8.1 Zero balance means no coverage. eCashToll covers tolls only while you have a positive Balance. When your Balance reaches zero, we will remove all your plates from our Agency accounts (Suspension).
8.2 After Suspension, tolls are your responsibility. Once a plate is removed, the Agency will treat your vehicle as having no account. The Agency will bill the registered owner of the vehicle directly, usually by mail, at its pay-by-plate (video toll) rate, which is usually higher than eCashToll's price, and the Agency may add administrative fees, late fees, violation penalties, registration holds or other enforcement. eCashToll is not responsible for those tolls, fees or penalties.
8.3 Warnings. We will try to warn you by in-app notice and text message when your Balance is low (at $5.00) and when Suspension occurs. Warnings are a courtesy; Suspension happens whether or not you receive a warning.
Note to counsel: Memo Q7(a) — whether warnings should be a contractual obligation.
8.4 Re-activation. When you add money and your Balance (after any negative amount is repaid) is positive, we will re-send your plates to the Agencies. Re-enrollment takes time (Section 4.6). Tolls before your plates show as "Active" again are not Covered Tolls.
8.5 Removal timing. Agencies need time to process a removal. If a toll is incurred after Suspension but before the Agency has processed the removal, and the Agency bills us for it, we will charge it to your Account as a Covered Toll only if travel occurred within 4 hours after removal.
Note to counsel: Memo Q7(b).
8.6 Other reasons for Suspension. We may also suspend your plates or Account if: a payment is reversed; we suspect fraud or misuse; an Agency asks us to remove a plate; we are required to by law; or you breach these Terms. We will tell you why unless we are not allowed to.
9.1 If you have never added money, your Account is a Demo Account. In a Demo Account, the app can record trips (if you allow location access) and show what tolls would have cost with eCashToll, E-ZPass and pay-by-plate.
9.2 Demo Accounts have no toll coverage. Plates in a Demo Account are never sent to any Agency, and nothing is charged. Any toll you incur while using a Demo Account is billed to you by the Agency directly.
9.3 The figures shown in a Demo Account are estimates for illustration only.
9.4 A Demo Account becomes a regular Account the first time money is added. Tolls incurred before your plates become "Active" are not covered.
10.1 Because Agencies post tolls late, a toll incurred while your plate was Active may post after your Balance has reached zero. We will still charge it, and your Balance may become negative.
10.2 You agree to pay any negative Balance. The next money you add will pay it first. We may also request payment of a negative Balance.
Note to counsel: Memo §4.5 and Q18. The draft's optional collection/offset sentence ("if it remains unpaid for [X] days, [refer it for collection / offset it against any other Account you hold]") is omitted in this sample, matching the Memo's first option (no collection). Business decision still open.
10.3 A negative Balance is not a loan; we do not charge interest or fees on it.
11.1 Every toll is shown in the app with the date, time, facility, plate, Agency Charge, eCashToll Fee and total.
11.2 If you believe a toll is wrong (for example, the vehicle was not there, the class is wrong, the toll was charged twice, or the plate was misread), tap "Dispute" in the app or contact support@ecashtoll.com or 1-800-555-0199 within 60 days after the toll posts to your Account.
11.3 We will review the dispute and, where appropriate, submit it to the Agency. Agency decisions about whether a toll is valid are the Agency's. If the Agency reverses the Agency Charge, or if the error was ours, we will credit your Account with the Agency Charge and the eCashToll Fee. We aim to resolve disputes within 30 days, but Agency reviews can take longer.
11.4 Our errors. If a toll was not covered because of our error (for example, we failed to send your Active plate to an Agency on time) and you receive a pay-by-plate bill, send it to us within 60 days. We will pay the Agency directly for the toll, up to the amount you would have paid under eCashToll plus any reasonable Agency administrative fee, and help you contest any penalty.
Note to counsel: Memo Q7(c).
12.1 You may close your Account at any time in the app or by contacting support@ecashtoll.com or 1-800-555-0199. When you close your Account we will remove your plates from the Agencies (tolls after removal are your responsibility as described in Section 8.2).
12.2 Remaining balance. After closure we will wait 45 days for late-posting tolls. We will then refund any remaining Balance on request: amounts loaded by card, PayPal or Venmo to the original payment method where possible; amounts loaded with cash (store cards, distributor loads and digital codes) and any other amounts by check, mailed to the address you provide. Refunds under $5.00 will be made only where required by law. Gift Card value given to you as a courtesy by eCashToll is not refundable.
Note to counsel: Memo §4.1, Q5, Q4 (unclaimed property for refunds we cannot deliver).
12.3 We do not otherwise give cash back for Balances or Cards except where required by law.
12.4 Unused balances. Your Balance does not expire. If your Account is inactive for a long time, we may be required by state unclaimed-property law to turn the Balance over to a state; we will try to contact you first.
Note to counsel: Memo Q4.
13.1 Cards and Gift Cards are governed by the Card Terms at ecashtoll.com/card-terms, which form part of these Terms.
13.2 Gift Cards bought in the app. You may buy a Gift Card for another person in the app. You may ask us to text it to the recipient's phone number. You confirm you know the recipient and that they would want to receive the text. The Gift Card PIN is shown to you once; keep it secure. See Document 04 and the Card Terms.
14.1 By signing up you agree to receive text messages from eCashToll for sign-in codes and Account notices as described in the eCashToll SMS Terms at ecashtoll.com/sms-terms. Message and data rates may apply. Reply STOP to opt out of non-essential messages and HELP for help. If you opt out of all texts, you may not be able to sign in.
14.2 We may also send notices in the app or by email if you provide one.
15.1 Trip tracking and toll estimates use your device's location. Location access is optional and you can turn it off in your device settings. Without it, the app cannot estimate tolls or place Holds, but posted tolls are still charged. See our Privacy Policy.
You agree not to: (a) register a plate for a vehicle you are not authorized to use, or someone else's plate without their permission; (b) use the Service to evade tolls or to move tolls onto another person; (c) use stolen Cards, stolen payment methods or Cards obtained by fraud; (d) resell, transfer or commercially exploit the Service or Balances unless you have a fleet agreement with us; (e) open multiple Accounts or use false information; (f) interfere with, reverse-engineer, scrape or attempt to gain unauthorized access to the Service or Agency systems; (g) use the Service in violation of any law.
We may suspend or close your Account and refuse refunds where the law allows if you violate this Section, and we may report fraud to law enforcement, Agencies and payment providers.
17.1 The Service depends on Agencies, toll processors, mobile carriers, payment providers and app stores that we do not control. We do not guarantee that any Agency will accept your plate, process plate updates within any time, read your plate correctly or post tolls promptly.
17.2 Toll estimates, three-price comparisons, trip records and Demo figures are informational and may be inaccurate.
17.3 EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," AND WE DISCLAIM ALL IMPLIED WARRANTIES, TO THE EXTENT PERMITTED BY LAW.
18.1 TO THE EXTENT PERMITTED BY LAW, eCashToll IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR AGENCY TOLLS, FEES, PENALTIES OR ENFORCEMENT ACTIONS RESULTING FROM TOLLS THAT ARE NOT COVERED TOLLS.
18.2 OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (A) $100 OR (B) THE eCashToll FEES YOU PAID IN THE 12 MONTHS BEFORE THE CLAIM, PLUS ANY BALANCE OWED TO YOU.
18.3 Nothing in these Terms limits liability that cannot be limited by law, including for our fraud or gross negligence, or your rights under consumer protection laws that cannot be waived.
Note to counsel: State-specific carve-outs, including NJ Truth-in-Consumer Contract, Warranty and Notice Act concerns about provisions that may be unenforceable in New Jersey.
Note to counsel: Placeholder only. Memo Q12. Please draft. Intended structure follows; the provider, fee amount and opt-out address below are sample values only.
19.1 Informal resolution first. Before filing a claim, contact us at support@ecashtoll.com or 1-800-555-0199 and give us 30 days to try to resolve it.
19.2 Arbitration. Except for claims in small-claims court and requests for public injunctive relief where required by law, any dispute will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its consumer rules. eCashToll will pay the filing and arbitrator fees beyond $100. The Federal Arbitration Act governs this Section.
19.3 Class action waiver. Claims may be brought only individually, not as a plaintiff or class member in any class, collective or representative proceeding.
19.4 Opt-out. You may opt out of this Section within 30 days of first accepting these Terms by notice to legal@ecashtoll.com or to eCashToll, LLC, Attention: Legal, 100 Sample Plaza, Suite 200, Philadelphia, PA 19103.
19.5 Mass arbitration / batching. [PROCEDURES — to be drafted by counsel; not filled in this sample]
These Terms are governed by the laws of the Commonwealth of Pennsylvania and applicable federal law, without regard to conflict-of-laws rules, except that consumer protection laws of your state of residence apply where required.
You agree that we may provide these Terms, notices, receipts and other communications electronically, in the app, by text or by email. You can request a paper copy of these Terms at eCashToll, LLC, 100 Sample Plaza, Suite 200, Philadelphia, PA 19103.
Note to counsel: E-SIGN consent wording — Memo Q19.
We may change these Terms. We will give at least 30 days' notice of material changes in the app and by text. If you continue to use the Service after the effective date, the changes apply. If you do not agree, you may close your Account and receive a refund under Section 12. Changes do not apply to disputes already pending, and changes to Section 19 will not apply to claims that arose before the change.
23.1 Termination. We may close your Account with 30 days' notice for any reason, or immediately for breach, fraud or legal requirement. If we close your Account other than for fraud, we will refund your remaining Balance under Section 12. 23.2 Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition or sale of assets, or to an affiliate, with notice to you. 23.3 Entire agreement. These Terms, the Card Terms, the SMS Terms and the Privacy Policy are the entire agreement between you and us about the Service. 23.4 Severability; no waiver. If any part is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. 23.5 Third parties. Agencies are not parties to these Terms and you have no rights under eCashToll's agreements with Agencies.
Note to counsel: Agencies may require they be named as third-party beneficiaries of certain provisions — see Document 05.
eCashToll, LLC 100 Sample Plaza, Suite 200, Philadelphia, PA 19103 support@ecashtoll.com — 1-800-555-0199 — Monday to Friday, 8:00 a.m. to 8:00 p.m. Eastern Time