Motion Guardian Terms of Service
Effective Date: 2-1-2025
1. Introduction
Welcome to Motion Guardian (the “App”). These Terms of Service (“Terms”) govern your access to and use of the App. By using the App, you agree to comply with these Terms. If you do not agree, do not use the App.
2. Eligibility
- You must be at least 18 years old or have the consent of your legal guardian to use the App.
- By using the App, you represent that you have the legal capacity to accept these Terms.
3. Scope of Service
- Core Functionality: Motion Guardian detects device inactivity during specified periods and sends alerts via notifications, SMS, or email.
- Not a Medical or Safety Service: The App is not designed to provide medical or safety advice, nor does it replace emergency services. Do not rely on the App as a substitute for critical monitoring systems.
4. User Accounts
- Personal Information: To enable notifications, you may be asked to provide your phone number and/or email address. You are responsible for providing accurate information and keeping it updated.
- Device/Account Security: You are responsible for securing your device and any activity that occurs within the App. Motion Guardian is not liable for unauthorized access resulting from user negligence.
5. Subscriptions & Payments
- StoreKit 2: Subscriptions and payments are handled exclusively through Apple’s StoreKit 2 system. Your billing relationship is directly with Apple.
- Apple Terms: By subscribing, you agree to Apple’s terms and conditions for payments and refunds.
- Taxes: Prices may be subject to applicable taxes depending on your jurisdiction.
6. Privacy and Data Usage
- Data Processing: The App processes your phone number and/or email address solely to send notifications.
- No Current Storage: Personal data is not currently stored on external servers. Any future changes will be communicated and reflected in our Privacy Policy.
- Legal Compliance: We strive to comply with privacy laws and regulations, including GDPR and CCPA.
7. Notifications and Alerts
- Functionality: Notifications depend on your device’s connectivity, the accuracy of the information you provide, and external services (e.g., SMS or email providers).
- No Guarantee: We do not guarantee that notifications will always be sent or received on time. Relying on these alerts is at your own risk.
8. Acceptable Use & Restrictions
You agree not to:
- Use the App for any unlawful or unauthorized purpose.
- Attempt to decompile, reverse engineer, or extract the App’s source code.
- Interfere with the normal operation of the App, including using bots or launching denial-of-service attacks.
- Misuse the App to send spam, viruses, or other malicious software.
9. Disclaimer of Warranties
1. As Is & As Available:
The App is provided “as is” and “as available,” without warranties of any kind, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
2. No Guarantee of Results:
- The App will operate uninterrupted or error-free.
- Notifications will be delivered accurately, on time, or as frequently as desired.
- The App will meet your specific needs or expectations.
3. User Assumes Risk:
Use of the App is at your own risk. Any advice or information obtained through the App does not create any warranty beyond what is explicitly stated in these Terms.
10. Limitation of Liability
1. Exclusion of Certain Damages:
To the fullest extent permitted by law, Motion Guardian and its directors, employees, affiliates, and providers shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including (without limitation) damages for loss of profits, data, reputation, or use, arising from or related to your use or inability to use the App.
2. Maximum Liability:
In no event shall Motion Guardian’s total liability exceed the amount you paid, if any, for using the App in the 12 months preceding the claim. If no payment has been made, liability is limited to zero.
11. Indemnification
You agree to defend, indemnify, and hold harmless Motion Guardian, its directors, employees, affiliates, and partners from any claims, liabilities, damages, losses, or expenses (including attorney’s fees) arising from:
- Your use or misuse of the App.
- Your violation of these Terms.
- Your failure to comply with any applicable laws or regulations.