Legal

Terms of Service

Effective Date: January 1, 2025  |  Last Updated: April 1, 2025

These Terms of Service (“Terms”) constitute a legally binding agreement between you (individually or on behalf of your organization, “Customer,” “you,” or “your”) and Guard Direct, LLC (“Guard Direct,” “we,” “us,” or “our”), a Colorado limited liability company.

By accessing or using the Guard Direct platform, website, or mobile application (collectively, the “Services”), you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Services Description

Guard Direct provides a cloud-based Software-as-a-Service (SaaS) patrol management platform that includes guard scheduling, real-time GPS tracking, geo-fencing, checkpoint scanning, digital reporting, and related tools for security guard companies and patrol operations. Access to the Services is provided on a subscription basis.

2. Account Registration and Access

  • You must be at least 18 years of age and legally authorized to enter into this agreement on behalf of your organization.
  • You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
  • You must provide accurate, current, and complete information at registration and keep it updated.
  • You may not share login credentials. Each user must have their own account.
  • Notify us immediately at support@guarddirect.net if you suspect unauthorized account access.

3. Subscription and Payment Terms

3.1 Subscription Plans

Guard Direct offers monthly and annual subscription plans. Plan details, pricing, and included features are described on our Pricing page at guarddirect.net/pricing. Pricing is subject to change with 30 days' notice to existing subscribers.

3.2 Billing

  • Subscriptions are billed in advance on a monthly or annual basis, depending on your selected plan.
  • Payment is due at the start of each billing cycle. You authorize Guard Direct to charge your payment method on file automatically.
  • All fees are in U.S. dollars and are non-refundable unless otherwise stated herein.
  • Late or failed payments may result in suspension or termination of your account after reasonable notice.

3.3 Free Trials and Demos

We may offer trial periods at our discretion. At the end of a trial, the account will either require a paid subscription to continue or access will be suspended. No automatic charges are applied without your explicit authorization.

3.4 Upgrades and Downgrades

Plan upgrades take effect immediately with prorated billing. Downgrades take effect at the start of the next billing cycle. No credits are issued for unused time on a higher plan unless agreed in writing.

4. Acceptable Use Policy

You agree to use the Services only for lawful purposes and in compliance with all applicable laws. You may not:

  • Use the Services to conduct illegal surveillance or unauthorized tracking of individuals
  • Use the Services to harass, threaten, or harm any individual
  • Attempt to gain unauthorized access to other accounts or Guard Direct systems
  • Interfere with or disrupt the Services, servers, or networks connected to the Services
  • Use the Services to transmit spam, malware, or other harmful code
  • Reverse engineer, decompile, or extract source code from our platform
  • Resell or sublicense the Services without written authorization
  • Misrepresent your identity or affiliation
  • Use the Services to violate any third party's privacy rights or applicable employment laws regarding employee monitoring

You are solely responsible for ensuring that your use of GPS tracking and monitoring features complies with applicable federal, state, and local laws, including employee monitoring and location tracking disclosure requirements.

5. GPS Tracking and User Consent

If you use Guard Direct to track the location of guards, employees, or contractors, you represent and warrant that:

  • You have informed the individuals being tracked that location tracking is in use
  • You have obtained all required consents under applicable law
  • Tracking is conducted only for legitimate business purposes
  • You will not use location data to discriminate, harass, or harm individuals

Guard Direct is a technology provider and is not responsible for how you use location data. You assume full legal responsibility for compliance with applicable monitoring and privacy laws.

6. Intellectual Property

  • All platform software, interfaces, designs, trademarks, and content are owned by Guard Direct or its licensors. Nothing in these Terms grants you ownership of any Guard Direct intellectual property.
  • You retain ownership of all data you input into the platform (“Customer Data”). You grant Guard Direct a limited license to process Customer Data solely to provide the Services.
  • Guard Direct may use aggregated, anonymized data derived from platform usage to improve its services and for internal analytics.

7. Data Privacy and Security

Guard Direct handles your data in accordance with our Privacy Policy, which is incorporated into these Terms by reference. We implement commercially reasonable security measures to protect your data but do not guarantee absolute security.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • GUARD DIRECT'S TOTAL CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
  • GUARD DIRECT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOSS OF BUSINESS, OR REPUTATIONAL HARM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • GUARD DIRECT DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. GUARD DIRECT DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR SPECIFIC OPERATIONAL REQUIREMENTS.

10. Indemnification

You agree to indemnify, defend, and hold harmless Guard Direct and its officers, directors, employees, and agents from any claims, damages, losses, or costs (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law; or (d) your use of GPS tracking in violation of applicable employment or privacy laws.

11. Termination

11.1 Termination by You

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No refunds are issued for the remaining subscription period unless required by law.

11.2 Termination by Guard Direct

We may suspend or terminate your account with or without notice if:

  • You violate these Terms or our Acceptable Use Policy
  • We reasonably believe your account is being used for illegal activity
  • Payment is not received after notice and a cure period
  • We discontinue the Services (with reasonable advance notice)

11.3 Effect of Termination

Upon termination, your access to the Services will cease. You may request an export of your Customer Data within 30 days of termination. After 30 days, we may delete your data subject to our retention obligations.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Colorado, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved through binding arbitration under the rules of the American Arbitration Association, conducted in Denver, Colorado, except that either party may seek injunctive relief in any court of competent jurisdiction.

13. Changes to Terms

We may modify these Terms at any time. We will provide at least 30 days' notice of material changes via email or in-platform notification. Continued use of the Services after the effective date constitutes acceptance of the updated Terms.

14. Miscellaneous

  • Entire Agreement: These Terms, along with the Privacy Policy and any order forms, constitute the entire agreement between you and Guard Direct regarding the Services.
  • Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
  • Waiver: Failure to enforce any provision is not a waiver of the right to enforce it in the future.
  • Assignment: You may not assign these Terms without Guard Direct's written consent. Guard Direct may assign these Terms in connection with a merger or acquisition.

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