Terms of Service

1. Acceptance of Terms

By accessing or using My Guardian's mobile application, web dashboard, website, and related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you may not use the Service.

These Terms constitute a legally binding agreement between you and My Guardian Inc. ("My Guardian," "we," "our," or "us"). We may update these Terms from time to time, and your continued use of the Service constitutes acceptance of any changes.

2. Eligibility

To use My Guardian, you must:

Be at least 18 years of age (or the age of majority in your jurisdiction) to create an account.
Have the legal authority to agree to these Terms on behalf of yourself and any family members you add to the Service.
Provide a valid email address and accurate account information.
Ensure that any minor added to a family circle has the explicit consent of their parent or legal guardian.

3. Account Registration & Security

You are responsible for:

Maintaining the confidentiality of your account credentials (email and password).
All activity that occurs under your account, whether or not authorized by you.
Notifying us immediately at security@digitalguardian.app if you become aware of any unauthorized use of your account.

We reserve the right to suspend or terminate accounts that we reasonably believe are compromised, fraudulent, or in violation of these Terms.

4. Use of the Service

4.1 Permitted Use

My Guardian is designed for lawful family safety purposes. You may use the Service to:

Track the location of family members who have given informed, voluntary consent.
Set up safety zones and receive entry/exit notifications.
Send and receive SOS alerts within your family circle.
Use crash detection and emergency response features.

4.2 Prohibited Use

You agree NOT to use the Service to:

Track any person without their knowledge and explicit consent.
Stalk, harass, threaten, or intimidate any individual.
Violate any local, state, national, or international law or regulation.
Interfere with or disrupt the Service, servers, or networks.
Reverse-engineer, decompile, or disassemble any part of the Service.
Use automated systems (bots, scrapers) to access the Service.
Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
Use the Service for any commercial purpose not authorized by My Guardian.

Location tracking is a core feature of My Guardian. By using the Service:

You consent to the collection and sharing of your location data within your family circle as described in our Privacy Policy.
You acknowledge that all family circle members must provide informed, voluntary consent to be tracked.
You agree that you are solely responsible for ensuring that all members of your family circle have consented to location sharing.
You may withdraw consent and disable location tracking at any time through the app settings.

6. Subscriptions & Payments

Free Plan: My Guardian offers a free tier with core features including real-time tracking for up to 3 family members.
Premium Plans: Paid subscriptions unlock additional features, larger family circles, extended location history, and priority support.
Billing: Premium subscriptions are billed monthly or annually as selected at the time of purchase. Prices are displayed in your local currency where available.
Auto-Renewal: Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period.
Refunds: Refunds are handled in accordance with the refund policies of the respective app store (Google Play, Apple App Store) or our direct billing provider. Contact billing@digitalguardian.app for assistance.

7. Intellectual Property

All content, features, and functionality of the Service — including but not limited to text, graphics, logos, icons, images, software, and code — are owned by My Guardian Inc. and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial family safety purposes.
You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.
The "My Guardian" name, logo, and all related marks are trademarks of My Guardian Inc.

8. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee that location data will be 100% accurate at all times. GPS accuracy depends on device hardware, environmental conditions, and network availability.
My Guardian is a safety tool, not a substitute for emergency services. Always call 911 (or your local emergency number) in a life-threatening situation.
We do not guarantee uninterrupted or error-free operation of the Service.
Crash detection is a supplementary feature and may not detect all types of vehicular incidents.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, My Guardian INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AND AGENTS SHALL NOT BE LIABLE FOR:

Any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Service.
Any loss of data, revenue, profits, or business opportunities.
Any damages resulting from GPS inaccuracies, delayed alerts, or service interruptions.
Any personal injury or property damage resulting from reliance on the Service.

Our total aggregate liability for any claims arising from or related to these Terms or the Service shall not exceed the amount you paid to My Guardian in the 12 months preceding the claim, or $100, whichever is greater.

10. Indemnification

You agree to indemnify, defend, and hold harmless My Guardian Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

Your use of or access to the Service.
Your violation of these Terms.
Your violation of any rights of any third party, including privacy rights.
Your failure to obtain proper consent from family circle members for location tracking.

11. Termination

By You: You may terminate your account at any time through the app settings or by contacting us at support@digitalguardian.app.
By Us: We may suspend or terminate your account at any time, with or without notice, for conduct that we determine, in our sole discretion, violates these Terms or is harmful to other users, us, or third parties.
Effect of Termination: Upon termination, your right to use the Service ceases immediately. We will delete your data in accordance with our Privacy Policy, typically within 30 days of account deletion.

12. Governing Law & Disputes

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Any disputes arising from or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in San Francisco, California. You agree to waive any right to a jury trial or to participate in a class action lawsuit.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on our website and sending an in-app or email notification at least 30 days before the changes take effect. Your continued use of the Service after changes are posted constitutes your acceptance of the revised Terms.

14. Contact Us

If you have questions about these Terms of Service, please contact us:

Email: legal@digitalguardian.app
Mail: My Guardian Inc., 123 Innovation Drive, Suite 400, San Francisco, CA 94105
Phone: +1 (800) 555-1234