TERMS OF SALE AND USE

The Guardian.mobi website (the “Site”) is published and operated by Guardian LTD UK.

GENERAL

These general terms of sale and use of products define the rights and obligations of the parties in relation to the sale of software for mobile phones and computers.

GUARDIAN provides a series of software: X-PRO and LIGHT for mobile phones intended for monitoring people.

Use of the GUARDIAN software presupposes that the Customer has registered on the site and accepted these terms and conditions by checking the box “I have read and unreservedly accept the terms and conditions of sale and use.” If the Customer does not accept these terms, the software may not be used.

These conditions may be modified at any time by GUARDIAN. Changes are binding on the Customer upon their acceptance at the time of ordering and do not apply to orders previously placed by the Customer.

Use of the software is reserved for persons over 18 years of age, and the Customer represents that he or she is at least 18 years of age and has the legal capacity to place a software order on the Site.

PERSONAL WEB ACCOUNT

The Customer must activate a personal account to access the services provided by the software. Upon registration, an email address is required. GUARDIAN will send a registration confirmation email with a software activation code.

The Customer’s username and password will be used and requested each time they log in to their GUARDIAN web account.

When the Customer logs in to their GUARDIAN web account, a session cookie is stored on their computer for the sole purpose of facilitating connection to their GUARDIAN web account and is required to log in to their account.

The information collected on the Site to open the Customer’s account is kept confidential exclusively by GUARDIAN. It is intended for processing requests for information or orders.

GUARDIAN will never disclose your personal information to third parties unless under threat of legal action. If you use our software to commit a crime and a warrant or subpoena for records is issued by court order as part of an ongoing investigation, we are legally obligated to disclose the information, including the disclosure of customer data or payment methods.

USE OF SERVICES

The equipment required to use the services provided by GUARDIAN (computer, IT hardware, mobile phone, etc.), the software required for Internet use, and the connection to the necessary telecommunications services (Internet, SMS, etc.) remain the sole responsibility of the Customer.

Users must have a minimum subscription for mobile Internet access.

Website Availability

GUARDIAN does not guarantee that the website will operate without interruption or that it will be free from defects or errors, or that the hardware or configuration used by the Customer to access the Website or the Services is compatible.

GUARDIAN may suspend access to the site without notice, particularly for maintenance and updates, or for security reasons.

GUARDIAN cannot be held liable for damages caused by third parties or by technical failures inherent in the operation of telecommunications and the Internet.

Data Availability

To ensure absolute data security, all data is automatically deleted after 90 days. No recovery is possible.

User Consent

GUARDIAN software is sold to companies or individuals, owners of mobile phones or computers who wish to monitor them.

This use is permitted only if it is conducted in compliance with the laws in force in the country respecting the privacy of others (GUARDIAN complies with European Directive 2002/58/EC).

It is the responsibility of the user of the GUARDIAN software to ensure that their use complies with the laws in force in their country or in which the software is used.

In particular, it is prohibited to use the GUARDIAN software for purposes that could be considered malicious without the knowledge of the person using the phone or computer.

If in doubt, consult your lawyer before using our products.

By downloading and installing the GUARDIAN software on a phone or computer, you acknowledge that you own the material and that any subscription you have with a mobile phone operator or Internet service provider is in your name.

It is not sufficient to simply be the holder of the subscription or the owner of the mobile phone. You also acknowledge that your use will be in full compliance with the laws in force in your country and the country in which it will be used.

Data collection and wiretapping are prohibited if performed on equipment owned by other natural or legal persons and/or by individuals other than the persons using the GUARDIAN software:

– They do not have the ability to disable the software

– They are not informed in writing of the software’s features

– Their consent to its use was not given clearly and knowingly in writing.

In cases where such provisions are not taken, the person or entity engaging in these activities acknowledges their responsibility for violating the privacy of others.

They will be subject to criminal penalties as specified by the laws of their country.

DISCLAIMER

Limitation of Liability

You acknowledge that Guardian.mobi and Guardian Ltd UK cannot be held liable for any damages, disputes, or legal claims that may arise from your purchase, installation, or use of the GUARDIAN software.

GUARDIAN and its resellers assume no responsibility and will not be liable for misuse and/or damages caused by its products or software. The end user is solely responsible for complying with all laws of their country of residence and those in which the GUARDIAN software may be used. By purchasing and downloading the GUARDIAN software, the user unreservedly accepts the above.

In summary, the software may be used legally.

To the extent that the phone and mobile phone subscription are owned by the responsible person, guardian, etc., or by a company (business, association, organization, etc.), and if the person using the phone has the deactivation code, they are informed and agree in writing, without any obligation, that their movements, phone calls, SMS, and emails may be disclosed to the company.

In the case of families, where the guardian(s) own or co-own the mobile phones or co-own the mobile operator subscription, if the child is under 18 or if he or she is 18 but has agreed in writing that his or her phone calls, text messages, and emails can be listened to and read in accordance with the laws of the country, you have the right to take advantage of the features offered by GUARDIAN, particularly in the context of protecting minors from dangers such as school violence, extortion, drugs, and pedophilia, to name just the most well-known.

INTELLECTUAL PROPERTY

This site is published by GUARDIAN (“publisher”), which holds the rights to the material contained on this site. By website content, we mean the general structure, texts, images (both animated and still), sounds, and the site as is. Any representation or reproduction, in whole or in part, without the consent of GUARDIAN is unlawful. Such representation or reproduction, by any means, constitutes an infringement punishable by intellectual property legislation. GUARDIAN intends to comply with all provisions of the Intellectual Property Code, including Articles L 342-1 and L 342-2 thereof.

Trademarks

All trademarks on this site are the property of their respective owners. These companies are not affiliated with GUARDIAN in any way. The trademarks cited are used solely to identify the compatibility of our software with mobile phones.

Permission to reproduce site content

Under the Intellectual Property Code, “copies or reproductions strictly reserved for private use and not intended for collective use” and “private and free services performed exclusively within the family circle” are authorized.

Consequently, without prior written authorization from GUARDIAN, the commercial or other use or transmission of one or more elements of this site, as well as the modification, redistribution, translation, sale, use, reuse, or display of any of the elements constituting this site (including text, images and illustrations, sounds, or animation sequences, present or future), is prohibited.

PAYMENT POLICY

If your subscription relies on a credit card payment, we will automatically charge your card for the subscription fee and any applicable fees for using the GUARDIAN software you have selected. If any portion of the fees are not paid in a timely manner, or if we are unable to process the transaction using the credit card information you provided, we reserve the right to revoke access to your GUARDIAN account and use of the GUARDIAN software. If you do not repay your outstanding balance within thirty (30) days of us notifying you that your payment is overdue, we reserve the right to suspend or terminate access to your GUARDIAN account. You will be responsible for all outstanding payments. If you wish to use a different credit card or update your card information, you may change your details by accessing your account page. If your credit card expires, your continued use of GUARDIAN services constitutes your authorization to continue charging that credit card, and you remain liable for any unpaid amounts. It is your responsibility to keep your contact and payment information up to date. By signing up for a GUARDIAN account, you hereby accept these payment terms and conditions.

REFUND POLICY

This policy applies to all purchases of GUARDIAN software. It is essential that you read these terms carefully before paying for your subscription, as they include important information regarding your rights and the restrictions and inclusions applicable to your purchase. By placing an order, you agree that your purchase is subject to this policy.

iPhone JAILBREAK

If you wish to install GUARDIAN on an iPhone, you MUST jailbreak it. GUARDIAN cannot be installed on an unjailbroken iPhone.

No refund will be issued to any customer who is unable to jailbreak their iPhone and/or iPad. The compatibility page on this site clearly states that all iPhones and iPads must be jailbroken prior to installation, and the customer agrees to this requirement.

REFUND POLICY

For the refund policy to apply, you must contact us within 14 (fourteen) days of subscribing to GUARDIAN services. If you do not notify us of any issues within the first 14 days of purchasing your GUARDIAN subscription, the refund policy will not apply.

PARTIAL REFUND

We reserve the right to withhold a portion of the subscription fee if the refund falls under one of the following conditions:

– If you seek a refund (for any reason) after 14 days of purchasing your GUARDIAN subscription, we will retain 40% of the subscription fee.

– If you wish to use any of the features that are only available on a rooted Android phone but do not wish to root your target phone, we will retain 40% of the subscription fee. These features are highlighted on our features pages.

REPEAT PURCHASES

Refunds can only be applied to the first GUARDIAN subscription. No refunds will be available for additional purchases or for more than one subscription at a time. Your money can only be refunded once.

If you purchase additional GUARDIAN subscriptions subsequently, any refund requests will not be considered.

REFUND DENIAL SCENARIOS

Events beyond our control do not qualify for a refund. This includes the following scenarios:

If the Customer refuses to update GUARDIAN to the latest available version, if the target phone is updated.

If the target phone experiences a memory wipe or is reset by the user.

If the target phone or its operating system is not compatible with the GUARDIAN application, or if the user knowingly modifies the target phone or its operating system to one that is not compatible with GUARDIAN.

If the target phone loses internet connection for any reason (due to lack of credit, service interruption, roaming issues, etc.).

If a customer refuses to follow the installation and troubleshooting guidelines provided by our technical support team.

If data BEFORE installing the application has not been uploaded to the web account.

If the customer does not have physical access to the device to be monitored or does not know the password to unlock it.

If the GUARDIAN software has been detected by an antivirus program or by the person being monitored.

If the monitored device needs to be reset to factory settings (hard reset).

If the Customer refuses to jailbreak the iPhone/iPad.

For personal reasons unrelated to GUARDIAN’s business (“I changed my mind,” “I made the purchase by mistake,” etc.).

REFUND PROCEDURE

To request a refund, please email our sales department at sales@guardian.mobi or visit our Customer Support section and submit a request. We do not accept refund requests via Live Chat. We will typically respond within 1-3 business days.

CANCELLATION

GUARDIAN services can be purchased on a subscription basis. If you decide to subscribe to GUARDIAN services with a subscription, the amount will be charged via a Payment Processor using your credit card. Your subscription will automatically renew at the end of your subscription period, depending on the GUARDIAN service you choose. You can cancel automatic subscription renewal at any time by visiting your personal area. Once you cancel your subscription, you will only be charged until the end of the current subscription period. All fees and charges are non-refundable, and there are no refunds or credits for partial use of services. To be clear, once you have paid for a subscription, you will not be refunded any amount paid for that subscription period.

LIABILITY

Hyperlinks

GUARDIAN provides hyperlinks to other client websites, particularly those of its payment partners. However, GUARDIAN cannot verify the legality of the content of these sites and cannot be held responsible for any information or services provided on these sites.

The data collected on these sites is not shared with GUARDIAN, which is not responsible for their processing.

Termination of Services

If you use the Site and/or the Services in a manner that does not comply with these Terms and Conditions, GUARDIAN reserves the right to suspend your account and all services subscribed to by you with immediate effect, without prejudice to GUARDIAN’s other rights and remedies. In this event, all subscriptions will terminate immediately, and all credits purchased under any plan will be automatically forfeited without refund.

Governing Law

The contract between Guardian Ltd. UK and the Customer arising from the provision of services, including the audit and these Terms and Conditions, is governed by United Kingdom law.

These terms are subject to change at any time without notice.