Terms of Service

1. Acceptance of Terms

By accessing or using the Guardian SmartCare platform, website, and services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service. These Terms constitute a legally binding agreement between you (the "Customer," "you," or "your") and Guardian SmartCare LLC ("Guardian SmartCare," "we," "our," or "us").

2. Description of Service

Guardian SmartCare provides a privacy-first student wellness platform designed for K–12 school districts. The Service includes student check-in tools, wellness tracking, resource management, counselor scheduling, and administrative dashboards. The Service is intended for use by authorized school district personnel, students, and parents in accordance with applicable laws and regulations, including FERPA.

3. Account Registration & Security

To access certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information to keep it accurate and complete
• Maintain the confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

4. Privacy & Data Protection

We take student privacy and data security seriously. Our data practices are governed by our Privacy Policy, which is incorporated by reference into these Terms. Key commitments include:

• FERPA compliance: We adhere to all federal education privacy laws
• End-to-end encryption: Student data is encrypted in transit and at rest
• No data selling: We never sell student data or use it for advertising purposes
• Access controls: Only authorized school personnel may access student information

5. Customer Obligations & Acceptable Use

As a Customer, you agree that you will not:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
• Attempt to gain unauthorized access to any part of the Service or its related systems
• Interfere with or disrupt the Service or servers connected to the Service
• Upload or transmit viruses, malware, or other malicious code
• Use the Service to harass, abuse, or harm others
• Reverse engineer, decompile, or attempt to extract the source code of the Service

6. Intellectual Property

The Service, including all content, features, functionality, software, design, text, images, and trademarks, is owned by Guardian SmartCare LLC and is protected by United States and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose. Nothing in these Terms transfers any ownership rights to you.

7. Payment Terms

Fees for the Service are set forth in your order form or pricing agreement. Unless otherwise stated:

• Fees are billed annually in advance and are non-refundable
• All fees are in U.S. dollars
• Late payments may result in suspension of Service access
• We reserve the right to modify pricing with thirty (30) days' notice prior to your renewal date

8. Term & Termination

These Terms remain in effect for the duration of your subscription. Either party may terminate the agreement:

• By providing thirty (30) days' written notice prior to the end of the current subscription term
• Immediately, if the other party materially breaches these Terms and fails to cure within fifteen (15) days of written notice
• We may suspend or terminate access to the Service immediately for any violation of these Terms or applicable law

Upon termination, your right to access the Service will cease. We will retain student data in accordance with our Privacy Policy and applicable laws.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, GUARDIAN SMARTCARE LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GUARDIAN SMARTCARE LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Guardian SmartCare LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights, including intellectual property or privacy rights.

12. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles. Any dispute arising from these Terms or the Service shall be resolved as follows:

• First, the parties shall attempt to resolve the dispute through informal negotiation
• If informal negotiation fails, the dispute shall be resolved through binding arbitration in Salt Lake County, Utah
• Each party shall bear its own costs and attorneys' fees

13. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated to you via email or through the Service at least thirty (30) days before they take effect. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

14. Contact Information

For questions about these Terms of Service, please contact us at: