Terms of Service

GuardianLive is not an emergency service

GuardianLive does not contact police, fire, ambulance or any other emergency service, and nobody at GuardianLive monitors your timers, alerts, location or video. If you are in danger, call 911.

GuardianLive notifies the contacts you chose, using push notifications. Those notifications can be delayed or never arrive, for reasons outside our control: a contact’s phone may be off, silenced or without signal; your phone may have had no connection when you started a timer; Apple’s or Google’s notification services may be delayed. Location can be inaccurate or out of date. Recording can stop when your phone’s operating system restricts the camera.

Our support answers explain these limits in more detail. By using GuardianLive you confirm that you understand them and that you will not rely on GuardianLive as your only means of getting help.

About these terms

GuardianLive is operated by GuardianLive LLC (“GuardianLive”, “we”, “us”). These terms apply to the GuardianLive apps and to https://guardianlive.org. By creating an account or using the app, you agree to them. If you do not agree, do not use GuardianLive.

Our Privacy Policy explains what we do with your information.

Who can use GuardianLive

You must be at least 18 years old and in the United States, with a US mobile number that can receive text messages. You may not use GuardianLive if we have previously closed your account for breaking these terms.

Your account

• Give accurate information when you sign up, and keep your phone number and email address up to date. We use them to confirm it is you.
• Your account is for you alone. Do not share your password or your PINs, and do not let someone else use your account.
• You are responsible for what is done with your account. Tell us at once at support@guardianlive.org if you think someone else has access to it.
• You choose two PINs. Your emergency PIN raises an alarm with all of your contacts that only a contact, or you with both of your PINs, can close. Choose it carefully and do not enter it unless you mean to.

Your contacts and what you share

When a timer runs out, or when you use your emergency PIN, GuardianLive shares information about you with your contacts: your location, the details of your timer, and any video you recorded. You decide who your contacts are and who is on each timer. You are responsible for choosing people you trust.

A contact who can see one of your recordings can download a copy. Removing someone as a contact does not take back timers you have already shared with them; deleting the timer does.

If you are someone’s contact, you may receive alerts about them. GuardianLive does not require you to act on an alert, and you are not our agent or employee when you do.

Recording and location: your responsibilities

You decide when to record. When you do, you are responsible for following the law where you are.

• Recording other people. Laws about recording video, and especially audio, differ from state to state. Some states require the consent of everyone in a conversation before it is recorded. It is your responsibility to know and follow the law that applies to you.
• Private places. Do not record where people have a right to privacy, such as bathrooms and changing rooms, or anywhere recording is prohibited.
• Location. Location sharing in GuardianLive is something a person turns on for themselves. Do not install GuardianLive on someone else’s phone, or use someone else’s account, to track them.

Acceptable use

You agree not to:

• use GuardianLive to stalk, harass, threaten, monitor or control another person;
• raise alerts you know to be false in order to alarm people or waste their time;
• record or share anything that is unlawful, that sexually exploits anyone, or that you have no right to record or share;
• pretend to be someone else, or create accounts for other people;
• try to get into another person’s account, timers, location or recordings;
• interfere with the service, probe it for weaknesses without our written permission, or get around its limits;
• copy, resell or build a competing product from the service;
• use the service to send advertising or spam.

We may remove content, limit an account, or close it if we reasonably believe these rules have been broken. Where someone is at risk of serious harm, we may act without notice.

Your content

Your timers, routes, recordings, messages and photos are yours. You give GuardianLive permission to store them, process them, and show them to the people you have chosen, as described in the Privacy Policy, for as long as they are kept, and only for the purpose of running the service for you. We do not claim any other rights in your content, and we do not use it for advertising.

Plans and payment

GuardianLive is free to join. Adding contacts and sharing your location do not require a plan. Starting your own timers requires a paid Timers or Streaming plan, and recording and going live on your own timers require a Streaming plan.

These are United States prices. The App Store or Google Play shows the price you will be charged, including any tax, before you buy.

• Billing is through your app store. Plans are bought through the Apple App Store or Google Play using your store account. We do not receive or store your payment details.
• Plans renew automatically. A plan renews at the end of each month or year, at the then-current price, until you cancel. Your store account is charged at renewal.
• Cancelling. Cancel at any time in your App Store or Google Play subscription settings. Cancel at least 24 hours before the renewal date to avoid being charged for the next period. When you cancel, the plan runs to the end of the period you have paid for. Deleting the app or your account does not cancel a plan.
• Refunds. Purchases are handled by Apple or Google, and refunds are given under their policies. Ask them for a refund. We cannot issue one for a store purchase.
• Family seats. On a Family plan you may give up to four seats to people who are your contacts, and take them back at any time. A seat includes what the Family plan includes. Seats end when the Family plan ends.
• Changing plans. You may move between plans in the app. Your app store makes the change and tells you what you will be charged.
• When a plan ends. A timer that is already running when a plan ends keeps running until it ends, and a timer that is already recording keeps recording until that timer ends. Everything you recorded stays in your History and remains available to watch and download.
• Price changes. If we change a price, your app store will tell you beforehand and, where required, ask you to agree before you are charged the new price.

What is always free

Adding contacts, sharing your location on the map, both PINs (including the emergency PIN), History, and everything you do as someone’s contact (receiving their alerts, following their timer, and watching video they have shared with you) do not require a plan.

Ending your account

You can stop using GuardianLive at any time and ask us to delete your account: see Delete your account.

We may suspend or close your account if you break these terms, if we are required to by law, or if we stop offering the service. If we close the service altogether, we will give you reasonable notice and a way to download your recordings first, unless the law prevents it.

Changes to the service

We work on GuardianLive continually. We may add, change or remove features. We will not move a feature listed under “What is always free” behind a paid plan without telling you in advance.

Disclaimers

GuardianLive is provided “as is” and “as available”. To the fullest extent the law allows, we make no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.

We do not promise that the service will be uninterrupted or error-free; that an alert will be delivered, or delivered by a particular time; that a location will be accurate or current; that a recording will be complete; or that any contact will respond to an alert. GuardianLive is one tool among others. It does not guarantee your safety.

Limits on our liability

To the fullest extent the law allows:

• GuardianLive, and its owners, staff and suppliers, are not liable for any indirect, incidental, special, consequential or punitive damages, or for personal injury, death, loss of data, or loss arising from an alert that was late, not delivered or not acted on; from an inaccurate or missing location; from an incomplete or lost recording; or from what your contacts or any third party did or did not do.
• Our total liability for all claims relating to the service is limited to the greater of the amount you paid us in the twelve months before the claim arose, or one hundred US dollars.

Some states do not allow some of these limits, so parts of this section may not apply to you. Nothing in these terms limits liability that cannot be limited by law.

Your responsibility to us

If someone brings a claim against GuardianLive because of what you recorded or shared, or because you broke these terms or the law, you agree to cover our reasonable costs and losses from that claim, to the extent the law allows.

App Store and Google Play

If you downloaded the app from the Apple App Store: these terms are between you and GuardianLive, not Apple. Apple is not responsible for the app or its content, has no obligation to provide maintenance or support for it, and is not responsible for any claim relating to it, including product liability, legal compliance, or intellectual property claims. If the app fails to meet a warranty that applies, you may notify Apple and Apple will refund the price you paid for the app, if any; Apple has no other warranty obligation. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you. You confirm that you are not in a country under a US Government embargo and are not on any US Government list of prohibited or restricted parties.

Your use of the app must also follow the terms of the store you downloaded it from.

Governing law and disputes

These terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-laws rules. Any dispute that we cannot settle by talking to each other will be brought in the state or federal courts located in Durham County, North Carolina, and you and we agree to the jurisdiction of those courts.

Before starting a claim, please write to legal@guardianlive.org and give us 30 days to try to resolve it.

Changes to these terms

We may update these terms. If a change is significant, we will tell you in the app at least 14 days before it takes effect. If you keep using GuardianLive after that date, you accept the new terms. If you do not accept them, stop using GuardianLive and you may ask us to delete your account.

General

If part of these terms is found to be unenforceable, the rest still applies. If we do not enforce a term, that is not a waiver of it. You may not transfer your rights under these terms; we may transfer ours to a company that takes over the service. These terms, together with the Privacy Policy, are the whole agreement between you and us about GuardianLive.

Contact

GuardianLive LLC
814 East Forest Hills Blvd, Durham, NC 27707
legal@guardianlive.org