This Terms of Service ("Terms") is a binding legal contract between you ("you" or "User") and MyGuardian Inc., a State of Delaware Corporation ("MyGuardian," "we," "us," or "our"). These Terms govern your access to and use of the MyGuardian mobile application ("App") and all related services, including our AI chatbot, notification system, and incident management features (collectively, the "Service").

By accessing, downloading, or using the Service, you agree to be bound by these Terms, our Privacy Policy, and our End User License Agreement (EULA). These documents are incorporated by reference into this Agreement.

Please read these Terms carefully. They contain critical disclaimers, limitations of liability, and an assumption of risk by you. This Service is provided as a "Beta" version and may fail.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SERVICE.

1. Eligibility

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to use the Service. By agreeing to these Terms, you represent and warrant that you meet this requirement. You may not use the Service if you are prohibited from doing so under applicable law.

2. The MyGuardian Service

A. Service Description

The MyGuardian Service is a technology platform that acts as a conduit for documenting interactions and alerting designated contacts. The Service relies on your device's hardware (camera, microphone, GPS) and your personal third-party accounts, primarily Google (including Google Login, Google Meet, and Google Drive).

B. "Beta" Version

The Service is a "beta" release and is provided "AS IS." You acknowledge that the Service may contain bugs, errors, or inaccuracies. It may fail to function as intended, which could result in:

  • Failure to send notifications.
  • Failure to start or save a recording.
  • Inaccurate location data or legal information.
  • App crashes.

You agree that you use this beta Service at your own risk and MyGuardian Inc. has no liability for any such failures.

C. Third-Party Dependence (Google)

The core functionality of the Service (recording, storage, translation) is entirely dependent on Google services. These services are not controlled by MyGuardian Inc. Any failure, outage, data loss, or policy change by Google that impacts the Service is not the responsibility of MyGuardian Inc. You are responsible for all data and storage charges incurred on your Google account.

3. CRITICAL DISCLAIMERS AND ACKNOWLEDGMENTS

The disclaimers in the EULA are incorporated here, and you are asked to re-acknowledge them.

NOT A LAW FIRM AND NO LEGAL ADVICE: MyGuardian Inc. is not a law firm. The information provided by the Service, including the AI chatbot, is legal information, not legal advice. It is for informational purposes only and is not a substitute for consultation with a licensed attorney.

NO ATTORNEY-CLIENT RELATIONSHIP: Your use of the Service does not create an attorney-client relationship between you and MyGuardian Inc.

NO GUARANTEE OF SAFETY OR OUTCOME: The Service is a documentation tool, not a safety device. We do not guarantee that the Service will protect you from harm, de-escalate any situation, or ensure any particular outcome.

SOLE RESPONSIBILITY AND ASSUMPTION OF RISK: Interactions with law enforcement are unpredictable. The act of recording may escalate a situation. You agree that you use the Service at your sole risk and assume all responsibility for any consequences of its use.

COMPLIANCE WITH LAWS: You are solely responsible for complying with all applicable laws in your jurisdiction, including state and local laws regarding the recording of audio (i.e., "one-party" vs. "all-party" consent laws). Using this App to illegally record a conversation may subject you to criminal and civil penalties.

4. User Accounts and Conduct

A. Account Security

To use the Service, you must authenticate with your personal Google account. You are responsible for maintaining the confidentiality and security of your Google account credentials. MyGuardian Inc. is not liable for any loss or damage arising from your failure to protect your account.

B. Your Designated Contacts

The Service allows you to designate emergency contacts to receive alerts. By adding any individual to your contact list, you represent and warrant that you have obtained their prior express consent to be contacted on your behalf and to receive your location and incident information.

C. Prohibited Conduct

You agree not to use the Service to:

  • Violate any law, statute, or regulation.
  • Illegally record any conversation in violation of wiretapping or privacy laws.
  • Harass, threaten, or "prank" any individual (e.g., by sending false alerts).
  • Impersonate any person or entity or falsely state your affiliation.
  • Interfere with or disrupt the Service or its servers (e.g., by hacking or distributing malware).
  • Use the Service for any purpose other than its intended personal use.

5. "Engage Lawyer" Feature

The Service may include a feature that allows you to connect with a lawyer or legal support organization. You understand and agree that:

  • This feature is an introductory or referral service only.
  • MyGuardian Inc. does not endorse, vet, guarantee, or recommend any specific lawyer or legal service.
  • Any relationship you form with a lawyer is strictly between you and that lawyer. MyGuardian Inc. is not a party to that relationship, does not provide the legal services, and is not responsible for the lawyer's advice, conduct, or fees.

6. User-Generated Content

You are solely responsible for all data, information, recordings, and summaries generated through your use of the Service ("User Content"), almost all of which is stored in your personal Google Drive.

Ownership

You retain ownership of your User Content.

License to Us

By using the Service, you grant MyGuardian Inc. a limited, non-exclusive, royalty-free, worldwide license to use (a) your AI chat queries and (b) anonymized, aggregated incident data (type, time, location) for the sole purposes of operating, maintaining, and improving the Service. We do not claim any license to your video or audio recordings.

7. Termination

We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, for any reason, including for any breach of these Terms. You may stop using the Service and terminate this agreement by deleting the App.

All provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, all disclaimers, limitations of liability, indemnification provisions, and governing law.

8. Disclaimers, Liability, and Indemnification

The following sections of the End User License Agreement (EULA) are hereby incorporated by reference in their entirety into these Terms of Service:

  • Section 7 (Disclaimer of Warranties)
  • Section 8 (Limitation of Liability)
  • Section 9 (Indemnification)

Your agreement to these Terms of Service constitutes your re-affirmation and agreement to those provisions.

9. Governing Law and Dispute Resolution

This Agreement is governed by the laws of the State of Delaware. Any dispute, claim, or controversy arising from this Agreement shall be resolved in accordance with Section 10 (Governing Law and Dispute Resolution) of the EULA, which is incorporated herein by reference.

10. General Provisions

Entire Agreement

These Terms, together with the Privacy Policy and the End User License Agreement (EULA), constitute the entire and exclusive understanding and agreement between you and MyGuardian Inc. regarding the Service.

Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will provide you with notice (e.g., within the App). Your continued use of the Service after any such change constitutes your acceptance of the new Terms.

Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be severed, and the remaining provisions will remain in full force and effect.

No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

11. Contact Information

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

MyGuardian Inc.
8 The Grn, Suite A
Dover, DE 19901
gentrystanley@gmail.com