These terms are the agreement between you and MyGuardian, Inc. They describe what the service is, how you may use it, what we promise, and what we do not. Please read them carefully — especially the sections in the red boxes, which limit our liability and affect how disputes are resolved.
1. Agreement to these Terms
These Terms of Service (the "Terms") are a binding contract between you and MyGuardian, Inc., a Delaware corporation ("MyGuardian," "we," "us," or "our"). By creating an account, downloading the app, or otherwise using the MyGuardian web or mobile application and related services (collectively, the "Service"), you agree to these Terms and to our Privacy Policy, which is incorporated here by reference. If you do not agree, please do not use the Service.
Eligibility. You must be at least thirteen (13) years old to use MyGuardian. If you are between thirteen and the age of legal majority in your jurisdiction (eighteen in most places), you confirm that a parent or legal guardian has given consent for your use of the Service and has reviewed these Terms with you. We do not knowingly collect personal information from children under thirteen. If you believe a child under thirteen has provided personal information to us, please contact hello@myguardianinc.com and we will delete that information promptly.
2. What MyGuardian is — and what it is not
MyGuardian is a personal-safety application. It lets you capture audio, video, and transcript evidence on your device; alert trusted contacts that you have designated; arrive-safely check in on a timer; access informational legal content; and optionally back up evidence to a cloud drive you control.
MyGuardian is not an emergency dispatch service, a law-enforcement service, a medical service, or a substitute for a lawyer. Please read the two warning boxes below. They describe the most important limits on what the Service can do.
Not a replacement for 911
MyGuardian does not connect you to emergency responders. If you are in immediate danger, call 911 (or the equivalent emergency number in your country) first. Use MyGuardian to document the incident, alert your trusted contacts, and preserve evidence — do not rely on the Service instead of emergency services.
Legal AI is informational only
The Legal AI feature provides general, educational information about common legal topics. It is not legal advice, does not create an attorney-client relationship, and cannot replace a consultation with a licensed attorney in your jurisdiction. Laws vary by state and country and change over time. Do not make important legal decisions based solely on information from the Service.
3. Eligibility and account registration
To use the Service you must be at least thirteen years old. If you are between thirteen and seventeen, a parent or legal guardian must review and agree to these Terms before you register, and must supervise your use of the Service. If you are accepting these Terms on behalf of a company or other organization, you represent that you have the authority to bind that organization to these Terms.
When you register you agree to provide accurate, current, and complete information about yourself and to keep that information up to date. You may not register on behalf of another person without their consent, and you may not create an account if we have previously terminated your access.
4. Your account and credentials
You are responsible for safeguarding your account and the credentials that access it, including your password, one-time codes, and any connected sign-in provider (such as Google, Apple, or your phone carrier). You are responsible for activity that occurs through your account, whether or not you authorized it, to the extent permitted by law. If you suspect unauthorized access, change your password and contact us immediately at hello@myguardianinc.com.
We will never ask for your password by email or by phone. If you receive a request like that, it is not from us.
5. Acceptable use
You agree to use the Service only for lawful purposes and in a way that respects the rights of others. In particular, you agree that you will not, and will not attempt to:
- record, transmit, or share content that you do not have the right to record under the laws of your jurisdiction (for example, some states and countries require the consent of all parties to record a conversation — you are responsible for knowing and complying with the rules that apply to you);
- use the Service to stalk, harass, threaten, defame, or endanger any person;
- impersonate another person or misrepresent your affiliation with any person or entity;
- interfere with, disrupt, or attempt to gain unauthorized access to the Service or to the devices, accounts, or networks of other users;
- use the Service to generate or deliver spam, fraudulent alerts, or decoy emergencies;
- copy, modify, reverse engineer, decompile, or create derivative works of the Service except to the extent those restrictions are unenforceable under applicable law;
- remove, obscure, or alter any copyright, trademark, or other proprietary notice on the Service; or
- use the Service in any way that violates applicable law or these Terms.
We may investigate and take appropriate action against any use that we reasonably believe violates these rules, including suspending or terminating your account and reporting conduct to law enforcement where we are required to.
6. Your content
You own the audio recordings, video recordings, transcripts, notes, contact lists, and other content you create with the Service ("Your Content"). We do not claim any ownership of Your Content and we do not use it to train general-purpose models.
You grant us a limited, non-exclusive, worldwide, royalty-free license to host, process, transmit, and display Your Content solely to the extent necessary to provide the Service to you — for example, to deliver an SOS message you initiated, or to render an evidence bundle on your device. The license ends when you delete the content or close your account, except for copies we are required by law to retain temporarily (for example, in backups that expire on a rolling schedule).
You are responsible for Your Content and for having the rights necessary to create, record, transmit, and share it. You represent that Your Content does not infringe the rights of any third party and does not violate any applicable law.
7. Emergency services disclaimer
Important
The Service is a personal-documentation and alerting tool. It is not a certified emergency communication service. Delivery of alerts, share links, and broadcasts depends on factors outside our control, including your device, your network provider, the recipient's device and provider, battery life, coverage, platform throttling, and the accuracy of the contact information you provided. We do not guarantee that any particular alert will be delivered or received at any particular time.
In any life-threatening situation, call 911 or the equivalent emergency service in your country first. Keep a working phone and a charged battery. Let a trusted person know where you are going and when to expect you back, independently of the Service.
8. Legal information is not legal advice
The Legal AI feature provides general information about legal topics of broad interest — for example, what certain constitutional rights mean in the United States, how to document an incident, or what a typical interaction with law enforcement might look like. This content is general, informational, and educational. It is not tailored to your facts, your jurisdiction, or your relationship with any particular person or institution. It is not legal advice, and using the Legal AI does not create an attorney-client relationship between you and MyGuardian or anyone associated with MyGuardian.
If you need advice about a specific matter, consult a licensed attorney in the relevant jurisdiction. Laws change often; the content you see at any given moment may be out of date, may not reflect the most recent case law, and may not apply to your situation.
9. Fees, subscriptions, and refunds
We offer a free tier of the Service. We may offer paid subscription tiers in the future, which would unlock additional features such as expanded evidence storage, real-time live streaming, or jurisdictional legal modules. If you subscribe to a paid tier, the billing terms, price, renewal cadence, and cancellation rules will be presented to you at checkout and are incorporated into these Terms by reference at that time.
Unless required by applicable law or stated otherwise at checkout, subscription fees are non-refundable. You can cancel your subscription at any time; cancellation ends renewal but does not produce a refund for the current billing period.
If you subscribe through the Apple App Store or Google Play Store, that platform's terms govern the payment, renewal, cancellation, and refund process, and you may need to manage your subscription in your Apple ID or Google account settings rather than through us directly.
10. Intellectual property
The Service, its software, visual design, copy, logos (including the MyGuardian shield), trademarks, and all related content are owned by MyGuardian, Inc. or its licensors and are protected by copyright, trademark, and other intellectual-property laws. Except for the limited right to use the Service as these Terms allow, you do not receive any other license or right to our intellectual property. All rights not expressly granted are reserved.
We welcome your feedback. If you send us ideas, suggestions, or improvement proposals, you agree that we may use them without obligation to you.
11. Third-party services
The Service integrates with third-party services — for example, Google Identity Services, Google Drive, Apple ID, and Firebase Authentication — so that you can sign in and back up evidence under your own accounts. Those services are provided by their operators under their own terms of use and privacy policies. Your use of a third-party service through MyGuardian is governed by our agreement with you and by your agreement with that operator. We are not responsible for the acts, omissions, or policies of third-party operators.
12. Suspension and termination
You can stop using the Service and delete your account at any time. We can suspend or terminate your account, with or without notice, if we reasonably believe you have violated these Terms, if we are required to do so by law, or if continuing to serve you would expose us or another person to meaningful risk. We will try to give you as much notice as the circumstances allow. When your account ends, the provisions of these Terms that by their nature should survive — for example, Your Content representations, disclaimers, limitation of liability, indemnification, and dispute resolution — will survive.
13. Disclaimers
Read carefully
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYGUARDIAN DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MYGUARDIAN DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ALERTS, MESSAGES, OR BACKUPS WILL BE DELIVERED, RECEIVED, OR STORED AS EXPECTED.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the exclusions above may not apply to you. In that case, the excluded warranty will apply to the minimum extent required by the law of your jurisdiction.
14. Limitation of liability
Read carefully
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MYGUARDIAN, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MYGUARDIAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the limitation or exclusion of liability for certain damages — in particular, for personal injury, gross negligence, or willful misconduct. Those exclusions do not apply to you to the extent they are unenforceable. The limitations in this section are essential to the bargain between you and us and would apply even if any limited remedy fails of its essential purpose.
15. Indemnification
To the extent permitted by law, you will indemnify, defend, and hold harmless MyGuardian, its affiliates, and their respective officers, directors, employees, and agents from and against any claim, liability, damage, loss, or expense (including reasonable attorneys' fees) arising out of or related to: (a) your violation of these Terms; (b) Your Content or your use of the Service; (c) your violation of any law or the rights of any third party; or (d) any misrepresentation you make to us. We will notify you of the claim and cooperate with you, at your expense, in defending it. You will not settle any claim in a way that imposes an obligation on us or admits liability on our behalf without our prior written consent.
16. Governing law, arbitration, and class waiver
These Terms and any dispute between you and us will be governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Informal resolution first
Before filing a claim, you agree to try to resolve the dispute informally by emailing hello@myguardianinc.com with the subject line "Dispute" and a short description of the issue. We will do the same. If we cannot resolve the dispute within sixty days, either of us may move to arbitration.
Arbitration
Please read
YOU AND MYGUARDIAN AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY JAMS UNDER ITS STREAMLINED ARBITRATION RULES AND PROCEDURES, AND NOT IN A COURT OF GENERAL JURISDICTION. THE ARBITRATION WILL TAKE PLACE IN WILMINGTON, DELAWARE, OR ANY OTHER LOCATION YOU AND WE AGREE TO IN WRITING, OR REMOTELY WHERE THE PARTIES AND THE ARBITRATOR CONSENT. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
YOU AND MYGUARDIAN AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. UNLESS YOU AND WE AGREE OTHERWISE, AN ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
Exceptions and your right to opt out
The arbitration and class-waiver section does not apply to: (a) small-claims court actions that qualify under the court's rules; (b) claims to enforce or protect intellectual-property rights; or (c) cases where applicable law would prohibit arbitration as a mechanism for that type of claim. If you do not want to arbitrate, you may opt out by emailing hello@myguardianinc.com with the subject line "Arbitration opt-out" within thirty days of first accepting these Terms. Opting out will not affect any other part of the Terms.
17. Changes to these Terms
We may update these Terms from time to time. If the change is material we will give you at least thirty days' advance notice inside the app and, if you have given us an email address, by email. The updated Terms will take effect on the date stated in the notice. If you do not agree to the update, your remedy is to stop using the Service and delete your account before the effective date. Your continued use after the effective date means you have accepted the update.
18. General
If any provision of these Terms is found unenforceable, the rest of the Terms will remain in effect and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, financing, or sale of assets. These Terms, together with the Privacy Policy and any order you agree to at checkout, are the entire agreement between you and us and supersede any prior agreement on the same subject matter.
19. SMS text-message program
This section covers MyGuardian Emergency Alerts, the text-messaging program we use to notify a user's Guardians (trusted contacts) by SMS. It applies to anyone who receives a text from this program, whether or not you have a MyGuardian account.
Program description
If a MyGuardian user adds your phone number as a Guardian, you may receive text messages on that user's behalf, including: an invitation letting you know that user has added you as a Guardian and asking you to confirm; an SOS emergency-alert message if that user triggers an SOS in the app, which may include their name, a link to their approximate location, and a link with incident details; and a safe-arrival or estimated-time-of-arrival confirmation message when that user reaches a destination or shares a status update. Every message is transactional and safety-related, generated by the actions of the MyGuardian user who designated you as their Guardian. This program is not used to send marketing, promotional, or advertising messages, and your number is never added to it except by a user naming you as their Guardian or by you opting in directly through the MyGuardian app.
Message frequency, rates, and carriers
Message frequency varies and is not sent on a fixed schedule — recurring messages may be sent. You receive a message only when a MyGuardian user who has designated you as a Guardian sends an invite, triggers an SOS, or shares a status update. In a typical month you may receive no messages at all; during an active incident you may receive several in quick succession. Message and data rates may apply — check with your mobile carrier for details about your specific plan. Supported carriers include all major U.S. wireless carriers; carriers are not liable for delayed or undelivered messages.
How to opt out or get help
Reply STOP to any MyGuardian Emergency Alerts text message at any time to opt out. You will receive one final confirmation message and will not receive further texts from that Guardian relationship. Reply HELP to any message for assistance, or contact us at support@myguardianinc.com. Opting out stops text messages only — it does not remove you from a user's Guardian list inside the app. Ask that user to remove you from the Trusted Contacts screen, or contact us and we will assist.
Consent
By checking the SMS-consent box when accepting a Guardian invitation in the MyGuardian app or on the invite landing page, or by otherwise providing your phone number to a MyGuardian user as a Guardian, you consent to receive the text messages described above at that phone number from MyGuardian Emergency Alerts. Consent to receive these messages is not a condition of purchasing any goods or services.
Your phone number and SMS opt-in/opt-out status are handled as described in the SMS section of our Privacy Policy. Text messaging originator opt-in data and consent are never shared with third parties for marketing or promotional purposes.
20. How to reach us
If you have any questions about these Terms of Service, please contact us at:
