GuardOn – Terms and Conditions of Use (TCU)
- Company: IonIdea Inc.
- EULA: Company’s End User License EULA, which is also also available at GuardOn.com/EULA
- TCU: This Terms and Conditions of Use, available at GuardOn.com/TCU
- EULA-TCU: EULA and TCU
- EULA-TCU-PP: EULA, TCU and PP
- COMPANY PRODUCTS or Company Products: Individually or together, all of the offline services, online services, solutions, technologies, hardware, software, websites or any other products of Company, as specifically related to the GuardOn Security and Wellbeing Solution that Company provides, are hereinafter referred to as “COMPANY PRODUCTS” or “Company Products”
- USER, User, the User, YOU, You or you: The person or entity that uses Company Products
- User Content: Company Products allow Users to post content such as profile information, comments, questions, and other content or information. Any such materials a User submits, posts, displays, or otherwise makes available on Company Products is “User Content”.
- Company Content: Except for your User Content, Company Products and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users constitute “Company Content”
- Ideas: You may choose to or we may invite you to submit comments or ideas about Company Products, including without limitation about how to improve them. Such feedback, inputs, suggestions, comments or ideas are hereinafter together called “Ideas”.
- Device Software: We make available downloadable and installable software to access Company and Company Products via mobile, desktop, laptop and other devices. These software solutions, individually and together are hereinafter referred to as “Device Software”
- Web Software: We provide access to software running on our servers that you access through your web browsers. These software solutions, individually and together are hereinafter referred to as “Web Software”
- Store-Sourced Software: Device Software you bought or acquired from iTunes, Apple Store, Google Store, Android Store, Microsoft Store, Amazon Store, Facebook Store, or from the store of any other provider is termed “Store-Sourced Software”
- Store Owners: Apple, Google, Microsoft, Amazon, Facebook, or any other company from whom you bought or acquired Store-Sourced Software, are hereinafter termed “Store Owners”
- First Responders: Police, Fire and Emergency Medical Technicians
- Trusted Contacts: Family, Friends, Colleagues and Neighbors that User specifically configures into Company Product
- GuardOn Angels: Users of Company Product who have volunteered to help other Users who are in distress
IMPORTANT: COMPANY PRODUCTS ARE NOT A SUBSTITUTE OR REPLACEMENT FOR EMERGENCY SERVICES. IN THE EVENT OF AN EMERGENCY, INCLUDING BUT NOT LIMITED TO AN EMERGENCY TO YOUR PERSONAL HEALTH OR SAFETY, CALL YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY (911 in the USA).
PLEASE READ THIS TCU CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.
EULA-TCU-PP governs your usage of Company Products provided by Company. If the User does not agree to all of the terms in them, the User is not authorized to use Company Products and the User should not access or otherwise utilize Company Products.
By using Company Products or clicking the “I AGREE” button, the User acknowledges that User has read EULA-TCU-PP, understands them, and agrees to be bound by them.
You may use Company Products only in compliance with all applicable local, state, national, and international laws, rules and regulations; and, only if you can form and have formed a binding contract with Company, and use Company Products only in compliance with, and, in full agreement to all the terms and conditions contained within EULA-TCU-PP.
USING COMPANY PRODUCTS MEANS YOU AGREE AND CONSENT TO ALL TERMS AND CONDITIONS IN EULA-TCU-PP; AND FURTHER AGREE THAT SUCH TERMS AND CONDITIONS MAY BE CHANGED BY COMPANY FROM TIME TO TIME.
- Inclusion by Reference: All terms and conditions of EULA and PP are hereby included by reference herein within this TCU
- Not an Emergency Service: Company Products are not a substitute or replacement for your local Emergency Services (911 in the US). If you are in immediate danger, are suffering a medical emergency or are the victim of a crime, you should CALL 911 and/or the appropriate authorities and should not rely on Company Products or Service.Even if your mobile device and Company Products has connectivity, due to the nature of the Internet and mobile SMS delivery networks and for other reasons, Company does not guarantee and has no control over whether your messages, including distress messages, emergency notifications etc., will be delivered real-time, promptly accessed by or responded to by any recipient. Neither Company nor its participating affiliates make any guarantee as to if, how, or when any submitted information and data may or may not be acted upon by law enforcement or first responders.
- USE AT YOUR OWN RISK – USE AS IS – NO WARRANTIES: YOUR USE OF COMPANY PRODUCTS IS AT YOUR SOLE RISK. LOCATION DATA, CRIME DATA, INCIDENT DATA, AND ANY OTHER INFORMATION OR DATA WITHIN THIS APPLICATION MAY NOT BE ACCURATE. COMPANY IS PROVIDED “AS IS” AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR FOR FAILURE OF PERFORMANCE.COMPANY DOES NOT WARRANT THAT THE APPLICATION WILL BE FREE FROM DEFECTS OR ERRORS. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK. BY DOWNLOADING THIS APPLICATION, YOU EXPRESSLY AGREE TO HOLD COMPANY HARMLESS FROM ANY LOSS, HARM, INJURY, OR DAMAGE WHATSOEVER ARISING FROM OR ARISING OUT OF YOUR USE OF THE COMPANY APP.
- Compliance with all Laws and Regulations applicable to you. When using Company Products, User shall comply with all laws, rules, regulations and policies applicable to User, Company and/or Company Products, including but not limited to all rules and regulations related to privacy, access to third party software and solutions though Company Products, online communication, driving or riding a vehicle, and vigilantism. These laws vary based on the community, city, state and country you are in. User should be aware of these laws and comply with them when using Company Products.State and federal governments have a monopoly over the use of force and violence to implement the law. Private citizens, in most localities, may use force and violence only to defend their own lives and/or property, and in some instances to defend the lives and property of others, but they must do so only under the specific circumstances allowed by the laws applicable to them, if they wish to avoid being prosecuted for a crime themselves.
- You are fully responsible for your safety when you communicate with or meet other Users: While Company Products provide a mechanism for Users to communicate with and meet other Users, you are fully responsible for ensuring your personal safety. Company will not be responsible in any manner for your safety when you communicate, meet or interact with other Users of Company Product.
- Do not take undue risks to your safety and wellbeing: While Company Products provide a mechanism for Users to find out about distress help requests from neighbors, and enables Users to collaborate in order to help those in distress, Company totally discourages its Users from taking undue risks that endanger themselves, be it while in the process of helping others, or be it while using Company Products in any manner.Company Products may only be used as a tool for good Samaritans to sensibly and safely collaborate to come to the aid of their neighbors, and to alert first responders. Company Products should not be used in any form of vigilantism, be in response to distress events or otherwise. Users who utilize Company Products in order to respond to the distress alerts of others bear full and complete responsibility for their actions and their own safety. Company in no way will be responsible for the actions and safety of its Users.
- No liability for actions taken in good-faith to help or rescue you: While Company provides a mechanism for Users to request help of GuardOn Angels and Trusted Contacts when in distress, Company cannot and will not be responsible for the actions or lack of actions of any User that may or may not come to the rescue of the User in distress who requested help.Further, provided that they acted in good faith solely to help, any and all Users who come to the rescue of any User who is under distress, shall not be held responsible for any injury or damages; including but not limited to physical, mental, emotional or financial damages or injuries; that may occur during their attempt to rescue or help the User who raised the distress alert.Users have the option of disabling distress notifications from being sent to any and all Users who are either not a Trusted Contact or a First Responder. User should enable this option if they do not want anybody, other than First Responders and Trusted Contacts, to come to his/her rescue.
- No guarantee that Emergency Services will be automatically alerted: When a User raises a distress alert, Company attempts to automatically call the local Emergency Service (911 in the US). Due to any number of reasons, be it connectivity or lack of response from the Emergency Service, Company cannot and will not guarantee that the User will be connected to the local Emergency Service, and Company will not take on liability for such failure to connect the User to the Emergency Service. User should manually contact the Emergency Services.
- Be in a safe place when responding to distress alerts or when using Company Products in non-emergency situations: Always make sure you are in a safe place before responding to an incident or when using the Company Products in non-emergency situations. Sending incident tips or engaging in distress communication while driving a vehicle is strictly prohibited. You are also subject to state/federal laws and regulations with regards to incident reporting and use of this application.
- Do not rely solely on Company or Company Products for your safety: Every situation is unique. Do what is necessary to protect yourself and others. Company Products are tools used to increase awareness and provide a layer of safety. They are not and should not be the only tools used to increase safety and awareness. You should consult with your local law enforcement officials on how to increase your level of personal safety.
- Company does not provide Professional Advice: If the Company Products provide professional information (e.g. medical, safety, technical or legal), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in Company Products.You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area. The professional advice provided to you by any other User(s) is solely the responsibility of those Users. Company does not take responsibility for the content and results of the professional advice you get from them.It is your responsibility to make sure that those you seek or take professional advice from are qualified to dispense such advice to you. Company makes provides no warranties or guarantees as to the qualifications of Users you seek or get advice from.
- Misuse of the product: Any misuse or abuse of Company Products is strictly prohibited. MAKING A FALSE REPORT TO LAW ENFORCEMENT IS A SERIOUS CRIME AND MAY BE PUNISHABLE BY LAW. USING COMPNAY PRODUCTS TO CIRCUMVENT THE LICENSING RULES OF OTHER PRODUCTS IS A SERIOUS CRIME AND MANY BE PUNISHABLE BY LAW. USING COMPANY PRODUCTS TO MISREPRESENT YOURSELF AND/OR TO CHEAT, INJURE OR HARM OTHER USERS IS A SERIOUS CRIME AND MAY BE PUNISHABLE BY LAW.
- Your Company Account: Your Company account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information.You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Company immediately of any breach of security or unauthorized use of your account. Company will not be liable for any losses caused by any unauthorized use of your account.
- Your User Profile and Settings Information: You may control your User Profile and Setting Information on Company Products. This modifies how you interact with Company Products, and how Company Products interact with and assist you. You agree to take full responsibility for the information you have provided in your User Profile and the selections in your Settings, and also for your actions within and usage of Company Products, based on which Company Products and other Users act and respond.
- Usage Rules: You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
- You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Company shall have no liability for your interactions with other Users, or for any User’s action or inaction.
- Communication: By providing Company your email address and/or phone number you consent to our using them to send you service-related notices and notifications, including any notices required by law, in lieu of communication by postal mail. We may also use your email address and phone number to send you other messages, such as changes to features of Company Products and special offers. If you do not want to receive promotional email messages, you may opt out by unsubscribing from such email communications from Company. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
- Service Rules: We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this TCU or EULA, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this TCU or EULA.
- User Content: We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by sharing User Content through Company Products, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and EULA-TCU-PP. Company has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via Company Products.You agree not to post or transmit User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that you know is not correct and current; (ix) violates any school or other applicable policy, including those related to cheating or ethics; (x) interferes with other Users of Company Products including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service and deleting or revising any content posted by another person or entity; (xi) except where expressly permitted, post or transmit charity requests, petitions for signatures, franchise arrangements, distributorship arrangements, sales representative agency arrangements or other business opportunities (including offers of employment or contracting arrangements), club memberships, chain letters or letters relating to pyramid schemes, any advertising or promotional materials or any other solicitation of other Users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of Company Products that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us. You may not copy or use personal identifying or business contact information about other Users without their permission.You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Company reserves the right, but is not obligated, to reject and/or remove any User Content that Company believes, in its sole discretion, violates these provisions.
For the purposes of this TCU, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
- You have the consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by Company Products and this TCU, and each such person has released you from any liability that may arise in relation to such use.
- Your User Content and Company’s use thereof as contemplated by this TCU and Company Products will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights. Company takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Company shall not be liable for any damages you allege to incur as a result of User Content.
- User Content License Grant: By posting any User Content on Company Products, you expressly grant, and you represent and warrant that you have all rights necessary to grant to Company, a payment-free, royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with Company Products
- Our Proprietary Rights: Company Content and all Intellectual Property Rights related thereto, are the exclusive property of Company and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in EULA-TCU shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Company Content. Use of Company Content for any purpose not expressly permitted by EULA-TCU is strictly prohibited.By submitting Ideas, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, and that we are free to use the Ideas without any compensation to you, and/or to disclose the Ideas on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Company does not waive any rights to use similar or related ideas previously known to Company, or developed by its employees, or obtained from sources other than you.
- Security: Company cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
- Downloadable and Installable Software: Company does not warrant that the Device Software or Web Software will be compatible with your device or browser. Company hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Device Software for one Company account owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Device Software or Web Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Device Software or Web Software to any third party or use the Device Software or Web Software to provide time sharing or similar services for any third party; (iii) make any copies of the Device Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Device Software or Web Software, features that prevent or restrict use or copying of any content accessible through the Device Software or Web Software, or features that enforce limitations on use of the Device Software or Web Software; or (v) delete the copyright and other proprietary rights notices on the Device Software. You acknowledge that Company may from time to time issue upgraded versions of the Device Software and Web Software, and may automatically electronically upgrade the version of the Device Software and Web Software that you are using on your device. You consent to such automatic upgrading on your device, and agree that the terms and conditions of this TCU will apply to all such upgrades. Any third-party code that may be incorporated in the Device Software and Web Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Device Software or Web Software, or any copy thereof, and Company or its third party partners or suppliers retain all right, title, and interest in the Device Software and Web Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this TCU, is void. Company reserves all rights not expressly granted under this TCU. The Device Software originates in the United States, and is subject to United States export laws and regulations. The Device Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Device Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Device Software and the Company Service.
- No liability for Store-Owners: You acknowledge and agree that this EULA is solely between you and Company; and not Store Owners; and that Store Owners have no responsibility for the Store-Sourced Software or content thereof. Your use of the Store-Sourced Software must comply with the corresponding Store Terms of Service. You acknowledge that Store Owners have no obligation whatsoever to furnish any maintenance and support services with respect to the Store-Sourced Software. In the event of any failure of the Store-Sourced Software to conform to any applicable warranty, you may notify the Store Owner, and the Store Owner may refund the purchase price for the Store-Sourced Software to you; to the maximum extent permitted by applicable law, Store Owner will have no other warranty obligation whatsoever with respect to the Store-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this TCU and any law applicable to Company as provider of the software. You acknowledge that Store Owners are not responsible for addressing any claims of you or any third party relating to the Store-Sourced Software or your possession and/or use of the Store-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Store-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this TCU and any law applicable to Company as provider of the software. You acknowledge that, in the event of any third party claim that the Store-Sourced Software or your possession and use of that Store-Sourced Software infringes that third party’s intellectual property rights, Company, not Store Owner, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this TCU. You and Company acknowledge and agree that Store Owner, and Store Owner’s subsidiaries, are third party beneficiaries of this TCU as relates to your license of the Store-Sourced Software, and that, upon your acceptance of the terms and conditions of this TCU, Store Owner will have the right (and will be deemed to have accepted the right) to enforce this TCU as relates to your license of the Store-Sourced Software against you as a third party beneficiary thereof.
- Pricing and Payment Terms:Fees: Some software, be it Device Software or Web Software, may require payment of one-time licensing fees and/or payment of ongoing subscription or usage based fees. All fees are payable in advance. Company is not responsible for any charges or expenses you incur resulting from charges billed by Company in accordance with the Terms of Service (e.g. overdrawn accounts, exceeding credit card limit, etc.). By providing a credit card number or other payment method with advance authorization features (e.g. some PayPal accounts), you authorize Company to continue charging the payment method for all charges due to Company until your Company account is settled and is terminated by either you or Company. Company reserves the right to limit the number of accounts that may be charged to a credit card or other payment or identification method per unique user.Payment Methods: Company accepts credit and debit cards issued through VISA, MasterCard, American Express and Discover. Company requires that you provide the security code for your debit or credit card to protect against the unauthorized use of your card by other persons. The security code is an individual three- or four-digit number specific to your card that may be printed on the face of your card above the embossed account number (if American Express), or on the back of your card, on the signature panel (if Visa, or MasterCard). In the event that Company is unable to charge the card you have provided (i.e. expired credit card), Company will send you a notice to update your card information. You will have a 14-day grace period to update your billing information. If the account is not updated within the 14-day grace period, Company will terminate your subscription.No Refunds: You may cancel your Company account at any time; however, there are no refunds for any unused time on a subscription, any license or subscription fees for any portion of the service, any content or data associated with your account, or for anything else. Upon cancelling your Company account, your subscription will be valid until your paid period is completed. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Company at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
- Closing Your Account: You may cancel your Company account at any time through our online portal. Your account will be canceled within 48 hours of your cancelation request.