GENERAL TERMS AND CONDITIONS OF USE
1. GENERAL PROVISIONS
Guardian Technologies LLC, with an address at 1900 N Bayshore Dr 1A, Miami FL 33132 ("Guardian" or "the Platform"), operates an online platform that allows users ("Users" or "you") to request and organize private personal security services by connecting them to third-party independent security providers ("Security Service Providers" or "SSPs").
The Platform acts solely as an intermediary, facilitating the connection and contractual relationship between Users and SSPs.
These Terms & Conditions ("T&Cs") govern all uses of the Platform and establish the legal framework for the contracts between Users, SSPs, and Guardian.
2. CONTRACTUAL RELATIONSHIP AND SERVICE ARRANGEMENT
2.1 Role and Limitations of the Platform
The Platform does not provide security services directly. It merely offers a digital marketplace to request, arrange, and coordinate personal security services with SSPs.
When a User books a security service, a direct contractual relationship is established between the User and the SSP. Guardian is not a party to the service provision and assumes no responsibility for the SSP’s performance.
2.2 Formation of the Service Contract
Users submit a personal security request through the Platform's booking process.
The Platform confirms receipt but does not guarantee availability or suitability.
A formal Service Contract is concluded only when the Platform issues a Booking Confirmation to the User, at which point the User has the right to request services directly from the SSP. The SSP is responsible for delivering the security service.
2.3 Payment and Compensation
The fee for the security service is agreed directly between the User and the SSP, based on the price list proposed by the Platform.
The Platform may facilitate or process payments but is not responsible for the actual payment to the SSP.
The Platform may charge a service fee or commission, included in the total booking price.
3. USER REGISTRATION AND OBLIGATIONS
Users must register with accurate and complete information.
Automated or fraudulent registration attempts are prohibited.
Users agree to provide necessary details, including the scope of the requested security services, special requirements, and relevant personal or event-related information to ensure the SSP can provide appropriate services.
4. SCOPE AND CONTENT OF SECURITY SERVICES
4.1 Types of Services
Users may request various types of security services, including personal protection, event security, residential or property security, escorts, and specialized security measures.
4.2 Service Details and Customization
Specific requirements — such as number of guards, experience levels, need for equipment, or language skills — must be specified during booking.
Additional requests or changes after booking may incur extra costs and are subject to SSP availability.
4.3 Changes and Adjustments to the Service
Users may request modifications before or after booking (e.g., more guards, schedule changes, location changes). These will be recalculated and may incur additional charges.
The SSP will deliver services as per the confirmed scope and may decline last-minute or incompatible requests for legal or safety reasons.
4.4 Safety and Conduct
The User agrees to cooperate with the SSP team, follow instructions, and respect applicable safety laws and protocols.
The User acknowledges that SSP professionals will act professionally but are independent contractors. The Platform and SSP are not liable for conduct or safety management during the service.
5. PAYMENT, CANCELLATIONS, AND MODIFICATIONS
5.1 Payment Terms
Payments, including deposits or full amounts, are made directly to the SSP via the Platform, based on the agreed prices.
The Platform may facilitate or process payments but is not liable for service performance or financial disputes.
5.2 Cancellations and Rescheduling
Cancellations or changes must be made through the Platform.
The cancellation policy – including fees and deadlines – varies depending on the service and the timing of the cancellation.
In cases of no-shows or late cancellations, the User remains responsible for the agreed amount under the SSP’s terms.
5.3 Modifications and Extra Costs
Changes to the service scope (e.g., more guards, extended time, location changes) are subject to SSP approval and may incur additional charges.
Special requests (e.g., specific equipment, training, or language skills) must be communicated during booking to allow SSP evaluation.
6. LIABILITY AND DISCLAIMERS
The Platform acts solely as an intermediary; it does not guarantee the quality, conduct, or safety of SSPs.
SSPs are independent professionals; any services provided are at the User’s own risk.
Guardian is not liable for damages arising from service performance, SSP acts or omissions, or incidents during service delivery.
The User acknowledges that security services involve inherent risks and is responsible for selecting SSPs suitable for their needs.
6.1 Platform Liability
The Platform disclaims liability for damages resulting from SSP failures or service-related incidents.
The Platform's liability is limited to negligence related to its technology or intentional misconduct in facilitating connections.
6.2 SSP Liability
SSPs are responsible for performing their services professionally, complying with all applicable laws, and ensuring safety.
The User or SSP must indemnify the Platform for claims arising from SSP misconduct or contractual breaches.
6.3 Third-Party Links and Content
The Platform may contain links to third-party websites or resources. Guardian assumes no responsibility for the content, legality, or operation of these links, which are the sole responsibility of their operators.
7. USER RESPONSIBILITIES AND CONDUCT
The User must provide truthful, complete, and up-to-date information.
Users must cooperate with SSP professionals, follow safety instructions, and behave respectfully.
It is the User’s responsibility to inform of any health issues, legal restrictions, or special needs that may affect service safety or quality.
8. PLATFORM USAGE AND CONTENT PROTECTION
The Platform and its content are protected by intellectual property laws.
Users are granted a revocable, non-exclusive right to use the Platform limited to contracting personal protection services for strictly non-commercial purposes.
Unauthorized use, copying, modification, or redistribution is strictly prohibited.
9. CHANGES AND TERMINATION
Guardian reserves the right to modify, suspend, or terminate its services at any time without prior notice.
Updates to the T&Cs may occur periodically; continued use implies acceptance of these changes.
10. PRIVACY AND DATA SECURITY
a. All personal information provided by Users is protected under Guardian’s Privacy Policy, available on the Platform.
b. Guardian uses technical and administrative measures to ensure data confidentiality but does not guarantee absolute protection against third-party attacks.
c. Users must keep their passwords confidential and immediately report any misuse.
11. SMS Notifications and User Consent
By registering with the Guardian app and providing your mobile phone number, you expressly consent to receive SMS messages from Guardian. These messages may include, but are not limited to, safety check-in prompts, real-time threat alerts, location-based emergency instructions, and operational notifications essential to your personal security.
You acknowledge and agree that:
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SMS messages will only be sent after explicit opt-in during account registration.
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Message frequency will vary based on your activity, threat level, and configured alert settings.
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Standard messaging and data rates may apply as determined by your mobile carrier.
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You may opt out of SMS notifications at any time by replying “STOP” to any message or by disabling SMS communication in your user settings. Opting out may limit Guardian’s ability to deliver time-sensitive safety alerts.
Guardian retains a secure record of your opt-in for verification, including timestamp, device ID, and phone number used at the time of consent. Your consent to receive SMS messages is not a condition of any purchase and may be withdrawn at your discretion.
12. CANCELLATION AND TERMINATION POLICY
a. Subscription plans, credits ("GuardianCoins"), or purchased sessions are non-refundable after payment confirmation, except for Guardian errors or as required by law.
b. Credits or sessions are valid for up to 30 days after purchase. After this period, they expire and are non-refundable.
c. Users who wish to terminate their account must do so through the Platform. Termination results in the loss of any remaining balance and account deactivation.
d. User-initiated termination does not guarantee refund unless provided by law or due to Guardian’s error.
13. ASSIGNMENT AND TRANSFER
Users may not assign, transfer, or share their accounts, rights, or obligations without Guardian’s express authorization.
14. GOVERNING LAW AND JURISDICTION
These T&Cs are governed by the laws of the Federative Republic of Brazil.
Any disputes will be resolved in the courts of the city of São Paulo, State of São Paulo, Brazil, waiving any other jurisdiction.
15. SANCTIONS AND PENALTIES
a. Guardian may, at its discretion, warn, suspend, or terminate accounts of users who violate these Terms or engage in inappropriate, offensive, or illegal behavior.
b. In cases of fraud, illegal conduct, or serious violations, the Platform may take legal action, including reporting to authorities.
16. FINAL PROVISIONS
These T&Cs represent the entire agreement between the User and Guardian. Any amendments must be in writing.
If any clause is deemed invalid or unenforceable, the remainder shall remain in effect.
By using the Platform, the User agrees to all terms herein.
Version: 001, May 2025