These Terms of Service (“Terms”) constitute a legally binding agreement between you and ABE PRIME VENTURES LLC, a Wyoming limited liability company (“iGuard,” “we,” “us,” or “our”), governing your access to and use of the iGuard mobile application, iguardapp.net, and related software, features, subscriptions, content, communications, and services collectively referred to as the “Service.”
By accessing or using the Service, creating an account, accepting an invitation, purchasing a subscription, or otherwise indicating acceptance, you agree to these Terms.
If you do not agree, do not access or use the Service.
If you use the Service on behalf of a business or organization, you represent and warrant that you are authorized to bind that organization. In that case, “you” includes both you and that organization.
iGuard is not an emergency or security service. Do not rely on it in an emergency. See Section 4.
You must be at least eighteen (18) years old to create an account or use the Service.
The Service is intended for legitimate business and organizational use and is not offered for personal, family, or household use.
You represent and warrant that:
We may refuse, suspend, or terminate access if we believe these eligibility requirements are not satisfied.
You are responsible for your account and credentials.
You agree to maintain accurate account information and to protect login credentials from unauthorized access.
You may not:
You are responsible for activity occurring through your account to the extent permitted by law.
Notify us promptly if you believe your account has been compromised.
We may require additional authentication or verification at any time.
iGuard provides technology through which authorized businesses and users may submit, receive, view, and discuss safety-related reports and observations and receive related alerts.
The Service primarily facilitates the exchange of information submitted by users.
Unless expressly stated otherwise, iGuard does not independently investigate, authenticate, verify, endorse, adopt, or guarantee user reports.
Reports may be inaccurate, incomplete, mistaken, outdated, misleading, or false.
iGuard is not an emergency service, alarm-monitoring provider, security company, law-enforcement agency, emergency-dispatch service, private investigator, or guarantee of safety.
The Service does not replace:
If you believe there is an immediate risk of injury, crime, fire, medical emergency, or other emergency, contact appropriate emergency services.
Do not delay contacting emergency services in order to submit, review, or respond to information through iGuard.
We do not guarantee that:
Unless a feature is expressly identified otherwise, iGuard’s current Service is based primarily on information voluntarily submitted by participating users.
Use of iGuard does not create any agency, security, law-enforcement, surveillance, or fiduciary relationship between us and you.
You must not use the Service to unlawfully track, surveil, profile, harass, discriminate against, pursue, apprehend, detain, threaten, or confront another person.
You are solely responsible for content you submit.
When reporting an incident, you agree to:
You acknowledge that allegations concerning criminal or improper conduct can seriously affect others.
You must not present suspicion or unverified information as established fact.
You may not use the Service to:
We may investigate suspected violations and take any action we consider appropriate.
You retain ownership rights you may have in content you submit (“Your Content”).
You grant us a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to host, store, copy, reproduce, process, format, transmit, display, distribute, moderate, and otherwise use Your Content as reasonably necessary to:
This license continues as reasonably necessary for backups, security records, legal obligations, dispute resolution, and copies already distributed through legitimate Service functionality.
You represent that you have all rights and permissions needed to submit Your Content.
Content submitted by other users belongs to or is provided by those users.
We do not warrant its accuracy, reliability, completeness, legality, timeliness, or usefulness.
You use and rely upon user-generated information at your own risk.
You are solely responsible for deciding what action, if any, to take based on information obtained through the Service.
We may, but are not obligated to, monitor, review, investigate, restrict, remove, preserve, or disclose content.
Reporting content to us does not guarantee its removal.
We may take action when we believe content or activity:
Except where applicable law requires otherwise, moderation decisions are made at our discretion.
Certain features may require payment.
The price, trial period, renewal period, and features applicable to a subscription are those disclosed at checkout.
The current standard plan may include a thirty-day free trial followed by recurring monthly billing, but offers may change prospectively.
You will not be charged merely because you received an invitation for complimentary access unless you separately authorize a paid subscription.
Paid subscriptions automatically renew until cancelled unless otherwise stated at checkout.
By purchasing a recurring subscription, you authorize the applicable payment provider to charge the payment method you approve for:
You are responsible for reviewing pricing and renewal information before purchasing.
Payments may be processed by PayPal or another payment provider identified at checkout.
We may receive payment and subscription status information from the provider but generally do not process or store complete payment-card credentials ourselves.
Payment-provider terms and privacy policies may separately apply.
We are not responsible for independent acts, omissions, outages, or errors of a payment provider except to the extent responsibility cannot legally be excluded.
If payment fails, is reversed, disputed, or otherwise not successfully collected, we may:
We are not responsible for fees imposed by your financial institution or payment provider.
You may cancel future renewal through the available subscription-management process.
Unless otherwise required by law, cancellation prevents future renewal but does not retroactively cancel the current paid billing period.
Access may continue until the end of the current period.
Except where required by applicable law or expressly stated otherwise at checkout, fees are non-refundable.
We are not obligated to provide refunds or credits for:
Nothing in this provision limits any non-waivable right.
We may provide temporary, complimentary, promotional, sponsored, alliance-funded, or pilot access.
Such access:
Arrangements between iGuard and a sponsoring organization are separate from the individual user’s access unless expressly stated otherwise.
We may add, remove, modify, suspend, restrict, or discontinue features or portions of the Service.
We do not guarantee that any particular feature will continue indefinitely.
To the maximum extent permitted by law, we are not liable solely because a feature is changed or discontinued.
We do not guarantee continuous availability.
The Service may become unavailable because of:
Alerts and notifications may be delayed, duplicated, lost, blocked, or never delivered.
Do not rely on iGuard as your only method of receiving safety information.
The Service may rely upon independent third parties including payment providers, cloud providers, mapping providers, app stores, communications providers, authentication providers, and other vendors.
We do not control those third parties.
To the maximum extent permitted by law, we disclaim responsibility for third-party availability, accuracy, security, content, actions, omissions, or service interruption.
Our Privacy Policy describes our privacy practices and is incorporated by reference where legally permitted.
By using the Service, you acknowledge that information may be processed as described in the Privacy Policy.
Incident-sharing functionality is not a private communication channel unless expressly identified otherwise.
Except for Your Content and third-party materials, all rights in the Service are owned by or licensed to ABE PRIME VENTURES LLC.
This includes:
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to use the Service for authorized business purposes.
No other rights are granted.
If you provide suggestions, ideas, recommendations, feature requests, or other feedback concerning the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free, transferable and sublicensable right to use, modify, commercialize, publish, or otherwise exploit that feedback without compensation or attribution.
We may restrict, suspend, or terminate an account or access to the Service where we reasonably determine that doing so is appropriate because of:
Where permitted by law, we may act without prior notice.
You may stop using the Service at any time.
Termination does not eliminate rights, liabilities, or obligations that arose before termination or provisions that by their nature should survive termination.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
WE DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, AND QUIET ENJOYMENT.
WE DO NOT WARRANT THAT:
NO INFORMATION OR ADVICE FROM US CREATES A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
You understand that safety-related information inherently involves uncertainty.
You voluntarily assume the risks associated with:
The Service is an informational tool and does not transfer responsibility for your safety, personnel, premises, business, or decisions to us.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ABE PRIME VENTURES LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES.
THIS INCLUDES LOSS OF:
REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR LOSS OR DAMAGE ARISING FROM:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:
(A) THE AMOUNT ACTUALLY PAID TO US BY YOU FOR THE SERVICE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY; OR
(B) USD $100.
Nothing in these Terms excludes liability that applicable law prohibits us from excluding.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless ABE PRIME VENTURES LLC and its members, managers, officers, employees, contractors, agents, affiliates, licensors, and service providers from claims, losses, liabilities, damages, judgments, penalties, costs, and reasonable legal fees arising out of or relating to:
We may assume control of the defense of a matter subject to indemnification, and you agree to reasonably cooperate.
To the maximum extent permitted by law, you release us from claims arising solely from disputes between you and:
Nothing in this release eliminates liability that cannot legally be waived.
These Terms are between you and ABE PRIME VENTURES LLC, not Apple, Google, or another application marketplace.
The applicable marketplace may have additional terms.
To the extent required by platform rules:
We do not guarantee that use of the Service will:
Any examples, projections, demonstrations, pilot objectives, presentations, or marketing statements describing possible results are illustrative unless expressly incorporated into a signed agreement.
We are not liable for delay or failure caused by circumstances outside our reasonable control, including natural disasters, severe weather, war, terrorism, civil disorder, labor disputes, epidemics, governmental action, electrical failure, telecommunications failure, internet failure, third-party outages, cyberattacks, or infrastructure disruptions.
These Terms and disputes arising from them are governed by the laws of the State of Wyoming, without regard to conflict-of-laws principles, except where mandatory applicable law requires otherwise.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Subject to any mandatory rights provided by applicable law, any judicial proceeding arising out of or relating to these Terms or the Service shall be brought in an appropriate state court located in Wyoming or the United States District Court for the District of Wyoming.
Each party consents to the jurisdiction of those courts and waives objections to venue to the maximum extent permitted by law.
Before commencing litigation, a party should provide written notice describing the dispute and requested relief.
The parties will attempt in good faith to resolve the dispute for thirty days after receipt of the notice, except where immediate injunctive or emergency relief is reasonably necessary.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND ABE PRIME VENTURES LLC AGREE TO BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, OR REPRESENTATIVE ACTION.
This provision applies only to the extent enforceable under applicable law.
To the maximum extent permitted by applicable law, each party knowingly and voluntarily waives any right to trial by jury concerning a dispute arising out of these Terms or the Service.
To the maximum extent permitted by applicable law, a claim arising from these Terms or the Service must be commenced within one year after the claim accrued or the minimum period permitted by applicable law, whichever is longer.
We may update these Terms.
We will update the effective date or version when changes are made.
Where required by law or where we determine a change is material, we may provide additional notice and may require affirmative acceptance before continued use.
If you do not agree to updated Terms, you must stop using the Service.
You may not assign these Terms or transfer rights under them without our written consent.
We may assign or transfer these Terms in connection with a merger, acquisition, corporate restructuring, financing, asset sale, or otherwise as permitted by law.
Nothing in these Terms creates a partnership, agency, franchise, employment, fiduciary, joint venture, security-provider, law-enforcement, or similar relationship between you and iGuard.
Neither party may bind the other unless expressly authorized in writing.
Failure to enforce a provision does not waive our right to enforce it later.
A waiver is effective only if expressly made by an authorized representative.
If a provision is determined to be invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable where legally permitted.
If modification is not possible, the invalid provision will be severed and the remainder of the Terms will remain effective.
These Terms, the Privacy Policy, applicable checkout terms, and any separate written agreement expressly incorporated into them constitute the agreement governing your use of the Service.
A separately executed agreement between iGuard and an organization may supersede these Terms to the extent that agreement expressly says so.
We may provide Service-related notices by:
Formal notices to us may be sent to:
ABE PRIME VENTURES LLC
30 N Gould St
Sheridan, WY 82801
United States
Questions about these Terms may be sent to: