Terms & Conditions

Introduction: Mobile Guardian has extended the capabilities of smartphones and tablets to become personal security devices with the ability to trigger a silent alarm and locate a user in an emergency.

Key to the Mobile Guardian service is an easy-to-use web dashboard that allows customers to manage all the devices they have installed Mobile Guardian on, including their children’s or schools’ devices

General: These terms and conditions of use (the “terms of tse”) apply to the Mobile Guardian website located at www.MobileGuardian.com, and all associated sites controlled by Mobile Guardian and linked to www.Mobile Guardian.com by Mobile Guardian, its subsidiaries and affiliates, including any related handset applications and content (collectively, the “service”). Please see our privacy policy for terms applicable to our data collection and use practices. We reserve the right to change the terms of use, including our separate privacy policy, from time to time as we deem appropriate. All changes, modifications, additions or deletions will be effective immediately upon posting unless otherwise indicated. We have no duty or obligation to inform prior users of this website that changes have been made, regardless of the scope and importance of the changes. We encourage you to periodically check back and review the terms of use so that you always will know what terms and conditions apply to your access to and use of this website. Your continued use of our website after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes. Mobile Guardian may change, restrict access to, suspend, or discontinue this service, or any portion of this service, at any time.

Responsibility: You are responsible for protecting the confidentiality of your password and all activities and charges on your account. You agree to use the software only as authorised in the conditions prescribed in this agreement. You are entitled to cancal any paid-for service as per our cancellation policy.

License: These terms of use constitute a binding license agreement. We grant you the limited and non-exclusive right and license to access content and services from this website solely for your personal and non-commercial use and as necessary in connection with the use of the service. Similarly, you may install on mobile devices the client application solely for the purpose of enabling the service. Except as expressly authorized in these terms of use, you may not modify, distribute, reproduce, display, or use this website, handset applications or any elements thereof. All rights not expressly granted to you by us in these terms of use are reserved to Mobile Guardian Ltd and you acknowledge that you do not acquire any ownership rights by accessing the service or downloading copyrighted material including client applications from the website as authorized here-under. Any ownership rights applicable to the website are also applicable to the handset applications.

Trademark: Mobile Guardian, Mobile Guardian My Life, Mobile Guardian My Child, Mobile Guardian My School and Mobile Guardian.com are trademarks of Mobile Guardian Ltd. Mobile Guardian will enforce its intellectual property rights to the fullest extent permitted by law.

Restrictions: 

You agree:

to inform the person whose activities you are about to record about the service and to obtain all the required consents.
that you will only install the software on a mobile device that you have been given express permission to do so or within your rights as an owner, parent or guardian.
that the service will not be used to violate the privacy rights of any individual.
that you will not use the service for any use other than its intended function.
that you will not reproduce, re-transmit or re-present in any form, in whole or in part, any content, programming code, images or graphics without express written permission of Mobile Guardian Ltd.

Links: Although this service provides references to third parties, often together with links to those third parties, unless expressly stated to the contrary, such display in no way means, implies, suggests or constitutes any relationship or approval of or by those third parties or their products or services. We are not responsible in any way for any other websites, products, services or information. Moreover, any representations or promises made by such websites do not apply to this service or its use.

Disclaimer of warranties; limitation of liability: The information contained on our service is provided to our users and readers for informational purposes only. You understand that there may be delays, omissions, interruptions, inaccuracies, and/or other problems with the information and products related to this service, including information, goods and services referred to, advertised or promoted on or sold through the website. This service and all features available through this website are provided by us on an “as is” basis without warranties of any kind, either express or implied. Neither Mobile Guardian, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that this service will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of this service, or as to the accuracy, reliability or completeness of content or any information, service, or merchandise provided through this service. Before purchasing services you have read about on this website, you should confirm with Mobile Guardian or the applicable vendor any information (including the price) that is important to your purchasing decision. Mobile Guardian is not responsible for, and does not guarantee the performance of, any services, nor the accuracy or validity of the information provided and expressly disclaim any and all liability relating to the services discussed or illustrated on this website or any related publication.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER Mobile Guardian, ITS AFFILIATES NOR ITS LICENSORS OR PROVIDERS SHALL HAVE ANY LIABILITY FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION CONTAINED WITHIN THIS WEBSITE. Mobile Guardian AND ITS AFFILIATES SPECIFICALLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, INCLUDING WITHOUT LIMITATIONS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN NO EVENT SHALL Mobile Guardian, ITS AFFILIATES OR ITS LICENSORS OR PROVIDERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF ACCESS TO OR THE USE OF OR INABILITY TO USE THIS SERVICE, INCLUDING, WITHOUT LIMITATION, RESULTING FROM LOST PROFITS OR DATA, WHETHER IN AN ACTION FOR CONTRACT OR TORT, EVEN IF Mobile Guardian HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree that the entire liability of Mobile Guardian, its affiliates, agents and licensors, if any, arising out of any kind of legal claim arising out of or otherwise related to this service will not exceed the amount you paid, if any, for the use of this purchased from Mobile Guardian out of which such liability allegedly arises. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.

Submission of ideas: You may have the opportunity to submit information, concepts, inventions, techniques, know-how, data or ideas (collectively, “ideas”) to us via this website or by other communication to us through email of other means of electronic communication facilitated by the service. Mobile Guardian would love to receive feedback or ideas to improve and better the service. By submitting such ideas, you agree that Mobile Guardian shall be free to use, copy, publish, distribute or display the ideas in a manner it deems appropriate without any obligation to you whatsoever. You hereby waive any claim that Mobile Guardian misappropriated any such ideas in or any portions of your communication in any activities in which Mobile Guardian may engage in the future.

Term and cancellation: This agreement, including any amendments thereto, is effective on the date you download and register the software and continues in effect for the duration of your permitted use of the software. Immediately prior to the expiration of your initial subscription term, this agreement will automatically renew for a term equal to your initial term. Typically this will be for either a calendar month or a calendar year. Any paid service will automatically renew and you will be charged for the applicable subscription term.

Either you or Mobile Guardian may terminate this agreement at any time. In the case of a pre-paid service, the agreement will continue for the duration of your subscription term. You agree to remove and destroy any software upon termination of this agreement.

Violation of these terms of use: We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the service, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of users of the service, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that we may preserve and store any transmittal or communication by you with us through the website or any channel offered on or through the service, and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these terms of use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Mobile Guardian, its employees, or users of the service, and the public.

Without limiting any other portion of these terms of use, you agree that we may, in our sole discretion and without prior notice, terminate your access to the service and/or block your future access to the web site if we determine that you have violated these terms of use or other agreements or guidelines which may be associated with your use of the service. You also agree that any violation by you of these terms of use will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Mobile Guardian may have at law or in equity.

If we do take any legal action against you as a result of your violation of these terms of use, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Mobile Guardian.

Jurisdiction: These terms of use are governed by the law of England & Wales. You hereby consent to the exclusive jurisdiction and venue of courts in London, England in all disputes arising out of or relating to the use of this service. Use of this service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mobile Guardian as a result of this agreement or use of this website.

Miscellaneous: You shall use this service for lawful purposes only. Any conduct by you that in our judgment and discretion restricts, inhibits any other person from using our service or endangering the privacy of other users or minors will not be permitted.

You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You agree that we may, at our sole discretion and without prior notice, terminate your access to the service, which includes any discontinuance or material modification of the web site or any functionality offered on or through the service, or due to any unexpected technical issues or problems. We reserve the right to deny access to the service at our own discretion. Any and all rights not expressly granted herein are exclusively reserved to Mobile Guardian. You agree that Mobile Guardian will not be liable to you or to any third party for termination of your access to the service as a result of any violation of these terms of use.

Cancellation policy: Mobile Guardian gives customers a 7-day free trial of its paid-for services so you have a no-risk way of trying out the application to make sure it meets your requirements. At the end of 7 days (we’ll send you a reminder in advance) you can either subscribe to the service or opt to downgrade to the free version.

In the unlikely event that you subscribe to Mobile Guardian and things don’t work out for you, you can simply cancel the subscription via “my account” in your Mobile Guardian dashboard. Your subscription will end once the next billing period finishes.  This only applies to products purchased directly from us, and not via our affiliates.  This applies to cancelling a subscription on a single device. If you choose to cancel your entire account, this will take immediate effect.

If things aren’t working out for you, please let us know so that we can try to resolve any issues with the Mobile Guardian service. We love feedback, so please contact us here.

Updated 15 January 2014