Guardian Track protects and connects your loved ones, pets, and important items to make your life easier and less stressful.
As you review these Terms of Service, keep in mind that it applies to the websites, mobile apps, Help Center, and other associated services
(“Services”) provided by Navotkarsha IT Solutions Pvt. Ltd. ("Navotkarsha" or “Company”), and Navotkarsha’s subsidiaries (collectively referred to
herein with Navotkarsha as "we", "our", or "us"). It also applies to Navotkarsha physical devices (e.g. Guardian Track tracking devices and partner products
that have Guardian Track technology embedded within them) as well as other products such as Guardian Track Lost and Found Labels (collectively, “Products”).
These Terms of Service explain what you can expect from us and what we can expect from you in connection with your use of our Services and Products.
By accessing or using the Services (including by downloading any mobile application we may offer from time to time), you signify that you have read, understood, and agree to be bound by these Terms of Service (the “Agreement”), whether or not you are a registered user of our Services. This Agreement applies to all visitors and subscribers who access or use the Products or Services (collectively, "Members"). Before accessing or using our Products and/or Services, please ensure that you have read the Privacy Policy and understand how we collect, store, use and disclose your personal information as described herein.
Please read this agreement carefully to ensure that you understand each provision, as this agreement contains important information regarding your legal rights, remedies, and obligations, including various limitations and exclusions on damages you may claim against us and indemnification obligations you may owe to us. This agreement contains a mandatory arbitration of disputes provision that, except where prohibited by applicable laws, requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
By accessing or using the service, you indicate your consent to this agreement.
A. Eligibility
B. Prohibited Uses
C. Right to Access and Use the Services
D. Accounts
E. Downloading Our App
F. Beta Services
A. Mobile Software
B. Mobile Software from Google Play Store
A. Email Communications
B. SMS/Text Messaging
A. Billing Policies
B. Pricing and Payment Terms
1. Subscription Fees; Auto-Renewal
2. Free Trial Period
3. Payment Methods
4. Pricing Changes
C. Refunds
1. No Refunds for Guardian Track Services/Subscriptions
2. Guardian Track 30-Day Satisfaction Guarantee
D. Payment Information; Taxes
A. Cancel Your Subscription or Close Your Account
B. Additional Information about Cancelling Your Guardian Track Account
C. Cancel Your Subscription During the Cooling-Off Period
A. Dispute Resolution; Arbitration
B. Governing Law, Jurisdiction, Venue and Arbitrators
C. Class Action Waiver
A. Assignment
B. Notification Procedures and Changes to the Agreement
C. Entire Agreement/Severability
D. No Waiver
E. Third Party Trademarks
F. Contact Information
G. Language
The Products and Services are intended for use by both individuals and entities or businesses (such as schools, organizations, and
corporations). Accounts and subscriptions for Guardian Track Services may be owned and operated by an individual or an authorized representative
of an entity, who provides their own, their child’s, or their organization’s information to us during account registration. You may use
the Products and Services only if you can form a binding contract with us, and only in compliance with this Agreement and all applicable
laws, rules, and regulations.
Anyone under eighteen (18) years of age (a “child”) is strictly prohibited from creating an account for the Service without explicit parental or legal guardian consent, in accordance with Indian laws. If your jurisdiction has a different age requirement for parental consent, the applicable local laws will prevail.
By providing consent for a child to use the Service, parents and guardians agree to: (i) be fully responsible for and exercise oversight of the child’s use of the Services, including ensuring that such use is always in accordance with this Agreement, all documents referenced in this Agreement, and all applicable laws, (ii) to be fully responsible and liable for the child’s compliance with this Agreement and the child’s use of the Services; and (iii) to be fully responsible for the disclaimers, waivers and limitations of liability set out in this Agreement on your own behalf and on the child’s behalf, and all references to “you” or “your” in (i) through (vi) in section 15 will be deemed amended to include your child or your ward, as applicable. The Service is not available to any Members previously removed from the Service by us.
Copying, distributing, transmitting, disassembling, decompiling, publicly displaying, republishing, licensing, selling or disclosing any part of the
Services in any medium, including without limitation by any automated or non-automated “scraping” or by creating any derivative works of the Services;
Determining or attempting to determine any source code, algorithms, methods, or techniques embodied by the Services or any derivative works thereof, or incorporating the Services or any portion thereof into any other program or product;
Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure or using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to Guardian Track servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser or mobile application;
Transmitting spam, chain letters, or other unsolicited email and in-app messages;
Uploading invalid data, viruses, worms, or other software agents through the Services;
Collecting or harvesting any personally identifiable information, including account names, from the Services;
Using the Services for any commercial purposes;
Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
Interfering with, or attempting to interfere with, the proper working of the Services or attempting to compromise the system integrity or security or to decipher
any transmissions to or from the servers running the Services;
Accessing any content on the Services through any technology or means other than those provided or authorized by Guardian Track;
Bypassing the measures we may use to prevent or restrict access to or use of the Services or the content therein, including, but not limited to, attempting to bypass
any age gating or parental consent mechanisms or providing false or inaccurate information regarding your age or country and state (as applicable) of residence;
Encouraging any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or our Members or expose
Guardian Track or our Members to liability; and Violating, or promoting the violation of, this Agreement or any applicable law or regulation, including, without limitation, any laws regarding human trafficking, s talking, credit card fraud, the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property or legal rights (including the rights of publicity and privacy of others).
We grant you a non-exclusive, limited, non-transferable, freely revocable right to access and use the Services on a device that you own or control for personal,
organizational, or commercial use, as permitted by the features of the Service. This includes use by individuals, families, schools, businesses, and other entities.
Navotkarsha reserves all rights not expressly granted herein in the Services and the Company Content (as defined below). Navotkarsha may terminate this right at any
time if you materially or repeatedly fail to comply with any of the provisions set out in this Agreement, fail to follow directions provided by our customer support
representatives, for any reason outside of our control, or if we stop providing the Service.
In order to use our Product and Services, you must have an account with us. Accounts that you are able to establish with Guardian Track may give you access to the
functionality of the Products and Services that we may modify from time to time in our sole discretion.
When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify us immediately of any breach of security or unauthorized use of your account. Unless directly caused by Guardian Track's negligence or breach of this Agreement, Guardian Track will not be liable for any damages or losses caused by any unauthorized use of your account.
You may control your Member profile and how you interact with the Products and Services by accessing the “Settings” screen in the App and changing settings that are made available to you. For example, from the “Settings” screen you can add and delete Circle members, turn Drive Detection on and off, opt in or out of the sale or sharing of personal information, or sharing a Tile’s location.
When you download our App from the Apple App Store, Google Play or other app store or app distribution platform (an "App Store"), you acknowledge and agree that:
• These Terms are concluded between us, and not with the App Store, and that we (not the App Store), are solely responsible for our app;
• The App Store has no obligation to furnish any maintenance and support services with respect to our App or handle any warranty claims;
• The App Store is not responsible for addressing any claims you have relating to our App, including product liability claims, consumer protection claims,
intellectual property infringement claims, or any claim that our App fails to conform to any applicable legal or regulatory requirement; and
• The App Store is a third-party beneficiary of these Terms and has the right to enforce these Terms against you (as it relates to your license of our App
through their App Store). You must also comply with the App Store's terms of service when using our App.
From time to time, Navotkarsha IT Solutions Pvt. Ltd. (“Navotkarsha”) may offer Beta Services to you. “Beta Services” refers to the Services, or specific
features of the Services, that are provided prior to general commercial release and are designated or presented to you as alpha, beta, experimental, pilot,
early access, non-production, or in evaluation. By accepting, downloading, or using any Beta Services, you acknowledge and understand that the Beta Services
are provided on an “As Is” or “As Available” basis. The Beta Services may contain bugs, errors, and other technical issues.
To the maximum extent permitted under applicable indian laws, in no event shall the total liability of navotkarsha or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers to you for all damages, losses, and causes of action arising out of or relating to the use of beta services whether in contract, tort (including negligence), warranty, or otherwise exceed ₹8,000 INR or an equivalent amount as per applicable exchange rates.
Navotkarsha is not obligated to provide maintenance, technical support, or other assistance for Beta Services and may discontinue Beta Services at any time at its sole discretion. Additionally, any disputes arising from Beta Services shall be governed by the laws of India.
We may, without prior notice, change the Services; stop providing the Services or any features of the Services, to you or to Members generally; or create usage
limits for the Services, in order to make performance or security improvements, to comply with the law or to prevent illegal activities on or abuse of our Services,
or if elements of the Services are no longer able to be provided by us (for example, if an underlying Third Party Service Provider no longer provides them).
You can also end your relationship with us at any time if you do not like any of these changes by closing your account (see section X (Cancel Your Subscription or Close Your Account)).
We may permanently or temporarily terminate or suspend your access to the Services without notice and liability if in our reasonable opinion (i) you materially or repeatedly violate any provision of this Agreement, (ii) if your account has been inactive for twelve (12) months or more, or (iii) for any reason outside our control or if we stop providing the Services. In most cases, we will provide you with prior notice before we suspend or terminate your access to the Services unless we reasonably believe that to do so would cause Guardian Track or another person legal liability, would compromise an investigation or the operation of any Navotkarsh products, services, or systems, would cause harm to our Members or would otherwise be in breach of the law or the direction of a legal enforcement authority.
Some areas of the Services allow Members to upload or post content such as profile information, images, text, comments, questions, messages and other content or information (any such content a
Member submits, posts, displays, creates, or affirmatively chooses to make available on the Service is “Member Content”). Member Content does not include information collected from or about your
phone or device. We claim no ownership rights over Member Content created or submitted by you. The Member Content you create remains yours; however, by sharing Member Content through the Services,
you agree to the Member Content License Grant below, and to allow others to view, edit, and/or share your Member Content in accordance with your settings and this Agreement. Guardian Track has the
right (but not the obligation) in our sole discretion to remove any Member Content that is shared via the Services.
You are solely responsible for your interactions with other Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members. Guardian Track shall have no liability for your interactions with other Members, or for any Member’s action or inaction.
You agree not to post or transmit Member Content that may create a risk of harm, damage or loss of any kind to any person or property; seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; may constitute or contribute to a crime or tort or which contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; contains any information or content that you know is not correct and current; violates any school or other applicable policy, including those related to cheating or ethics; interferes with other Members or users of the Services including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Services and deleting or revising any content posted by another person or entity; or except where expressly permitted, post or transmit charity requests, petitions for signatures, or other business opportunities (including offers of employment or contracting arrangements), club memberships, or chain letters, any advertising or promotional materials or any other solicitation of other Members to use goods or services except in those areas (for example, a classified bulletin board) that are designated for such purpose.
You agree, represent and warrant that any Member Content that you upload or post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Guardian Track reserves the right, but is not obligated, to investigate and take appropriate action, including rejecting and/or removing any Member Content, suspending or terminating your account and/or suspending or terminating the provision of our Services to you, and/or reporting you to law enforcement authorities, if you violate any provision of these Terms of Service.
In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, service providers, partners, and other Members, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including your account information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, your Member Content, and your conduct.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, province, country, territory or other jurisdiction. In connection with your Member Content, you affirm, represent and warrant the following:
You have the consent of each and every individual in the Member Content to use such person’s name or likeness in the manner contemplated by the Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
Your Member Content and Guardian Track’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights. While we reserve the right (but not the obligation) to remove any Member Content that appears on our Services, Guardian Track takes no responsibility and assumes no liability for any Member Content that you or any other Member or third party posts or sends over the Services. You shall be solely responsible for your Member Content and the consequences of posting or publishing it. Company cannot guarantee that all Member Content complies with the provisions of this Agreement and therefore you understand that you may be exposed to Member Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Guardian Track shall not be liable for any damages you allege to incur as a result of Member Content.
By posting any Member Content on the Services, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Guardian Track a royalty-free, sublicensable, transferable, perpetual,
irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of
all such Member Content and your name, voice, and/or likeness as contained in your Member Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in
connection with operating, developing, marketing, providing and improving the Products or Services.
As part of the Products and Services, we make available software and/or applications designed for mobile devices (“Mobile Software”). To use the Mobile Software you must have
a mobile device that is compatible with the Mobile Software. Guardian Track does not warrant that the Mobile Software will be compatible with your mobile device. For each of
the Guardian Track , Tile or Navotkarsha Services that you may use, Guardian Track hereby grants you a non-exclusive, non-transferable, revocable right to use a compiled code
copy of the Mobile Software for one account owned solely by you, for your personal use. Without limiting the general prohibitions on your actions found in the “Prohibited Uses”
above, which also apply to the Mobile Software, you may not:
modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; rent, lease, loan, resell,
sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party;
make any copies of the Mobile Software; remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent
or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or delete the copyright
and other proprietary rights notices on the Mobile Software.
You acknowledge that Guardian Track may from time to time issue upgraded versions of the Mobile Software, and (where permitted) may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULAs, if any, authorizing use of such code. The foregoing right to use is not a sale of the Mobile Software or any copy thereof, and Guardian Track or our third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Guardian Track reserves all rights not expressly granted under this Agreement.
If the Mobile Software is being acquired on behalf of any government entity, the following provision applies. Use, duplication, or disclosure of the Mobile Software by any government entity is subject to restrictions set forth in this Agreement and applicable Indian laws and regulations. The Mobile Software originates in India and is subject to Indian export control laws and regulations. The Mobile Software may not be exported, re-exported, or transferred to certain countries or entities prohibited under applicable Indian or international trade restrictions.
Additionally, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all Indian and foreign laws related to the use of the Mobile Software and Services, including the laws applicable in your jurisdiction of residence.
The following applies to any Mobile Software you acquire from the Google Play Store (“Google-Sourced Software”):
• You acknowledge that the Agreement is between you and Company only, and not with Google, Inc. (“Google”);
• Your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service;
• Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software;
• Company, and not Google, is solely responsible for its Google-Sourced Software;
• Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and
• You acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Company’s Google-Sourced Software.
By providing Guardian Track your email address you consent to our use of your email address to send you Service-related notices, including any
notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes
to features of the Products or Services and, where permitted, special offers. If you do not want to receive promotional email messages, you may
opt out by unsubscribing from such email communications from Guardian Track. Members whose residency is in jurisdictions requiring opt-in consent
for such communications will be provided with an opportunity to provide such opt-in consent prior to receiving any non-Product or Service related messaging.
We may offer you the option to receive recurring SMS/text messages, such as messages from members of your family or friendship group who you invite to a
Guardian Track Circle (your “Circle”) or alerts related to a monitoring feature of the Service (the “Text Messaging Program”). We may also send SMS/text
messages in the event of an emergency, such as detection of a significant motor vehicle collision involving a member of your Circle, or if you are listed
as a Member’s emergency contact. By consenting to the Text Messaging Program, you agree to receive SMS/text messages to the mobile phone number you provided
to us. You certify that the mobile number you provided is true and accurate and that you are authorized to enroll the designated mobile number to receive
such text messages. You acknowledge and agree that the text messages may be sent using an automatic telephone dialing system, that standard message and data
rates apply, and the frequency of messages may vary. The Text Messaging Program may not be available on all carriers or compatible with all mobile phone models
and carriers are not liable for any delayed or undelivered messages. Also, the availability of the Text Messaging Program may be impacted or restricted by
the local laws, regulations or rules where you reside. We are not responsible for any delays upon sending or receiving text messages and can change the Text
Messaging Program at any time. For help with text messages, reply “HELP” to any text message you receive through the Text Messaging Program. To unsubscribe
from text messages at any time, reply “STOP” to any text message you receive through the Text Messaging Program. You consent that following such a request to
unsubscribe to SMS/text message communications, you may receive one final text message confirming your request. You can also unsubscribe (or, after unsubscribing,
resubscribe), or obtain help by emailing us at navotkarsha02@gmail.com. Please keep in mind that if you opt-out of receiving text message alerts, we may not be able
to contact you with important messages regarding the Service or your Circle members. However, if there is an emergency or account question, we will attempt to
contact you in other ways, such as by push notification or email.
Except for your Member Content, the Products and Services and all materials, services, and information therein or transferred thereby, including,
without limitation, information, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs,
audio, videos, music, content, reports, features, functionality, design, presentation, analyses and data that is otherwise generated, collected or
transmitted through the Services or Mobile Software, and the “look and feel” of the Services (the “Company Content”), and all Intellectual Property
Rights related thereto, are the exclusive property of Guardian Track and our licensors (including other Members who post Member Content to the Services).
Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights,
and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or
create derivative works from any Company Content. Use of the Company Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to, or we may invite you to, submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Guardian Track under any obligation, and that we are free to use the Idea for any purpose without any compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Guardian Track does not waive any rights to use similar or related ideas previously known to Guardian Track, or developed by our employees, or obtained from sources other than you. Guardian Track has no obligation to review, consider or implement any Idea. You agree, represent, and warrant that any Idea that you submit does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights or rights of privacy.
The Products and Services include a number of features which may or may not be available to you depending on where you are located, which Services,
devices or features you elect and, where required, pay or subscribe to use. Some of the Service features require Mobile Software to be installed on
the devices that the features apply to. Not all Service features may be available in your country. Please see our complete Product and Service Terms
for more information regarding the features of the Products and Services and their limitations. You may jump to a specific section of the Product and
Service Terms by following the links below:
a. Driving Safety Services
b. Roadside Assistance Services
c. Digital Safety Services
d. Additional Family & Safety Assistance Services (including Disaster Response, Medical, and Travel-related features)
e. Guardian Track Features
f. Guardian Track Hardware Warranties
g. Guardian Track Stolen Device Protection
h. Integrations with Google Assistant and Alexa
This section contains additional policies and information about Guardian Track’s billing policies, and pricing and payment terms.
If you elect to use Subscription Features, you agree to the pricing and payment terms displayed at the time you elect to subscribe.
Guardian Track may add new features for additional fees and charges, or amend fees and charges for existing services, at any time in our
sole discretion. Any change to our pricing or payment terms shall only apply to you and become effective in the billing cycle following
at least 30 days' notice of such change to you.
Guardian Track is not responsible for all the mobile data usage resulting from the use of the Services. Consult your provider with questions related to billing, as data rate charges and limits may apply.
All subscription fees plus any applicable taxes and other charges (the “Subscription Fee”) are payable in advance, at the beginning of your
subscription term, and at the start of each billing period thereafter, at the then-current Subscription Fee.
You may have the option to pay your Subscription Fee on a monthly basis (a “Monthly Subscription”), on a six-month basis (a “Six-Month Subscription”), or on an annual basis (an “Annual Subscription”). Your subscription with us will automatically renew until you cancel it.
If you have a Monthly Subscription, we (or our third-party payment processor) will automatically charge you each month on the anniversary of the commencement of your Monthly Subscription, using the payment information you have provided, until you cancel your subscription.
If you have a Six-Month Subscription, we (or our third-party payment processor) will automatically charge you every six months on the anniversary of the commencement of your Six-Month Subscription, using the payment information you have provided, until you cancel your subscription.
If you have an Annual Subscription, we (or our third-party payment processor) will automatically charge you annually on the anniversary of the commencement of your Annual Subscription, using the payment information you have provided, until you cancel your subscription.
For Annual and Six-Month Subscriptions, we will send you a reminder at least thirty (30) days prior to each renewal with the then-current Subscription Fee.
We may send additional reminders for other subscriptions as required.
We reserve the right to change our Subscription Fees for Monthly, Six-Month, and Annual Subscriptions. We will provide you with advance notice of any
increase in the Subscription Fees applicable to your subscription.
If you change or upgrade your subscription, your billing date may also change.
If you change from a Monthly Subscription to a Six-Month Subscription or an Annual Subscription, on your next billing date, you will be charged the then-current Subscription Fee for the selected plan, and your new subscription will renew accordingly (every six months or annually).
If you change from a Six-Month Subscription to an Annual Subscription, on your next billing date, you will be charged the then-current Subscription Fee for an Annual Subscription, and your subscription will renew on an annual basis.
If the option to change from an Annual Subscription to a Six-Month or Monthly Subscription is available, and you make the change, at the next renewal date for your Annual Subscription, you will be charged the then-current Subscription Fee for the selected plan, and your subscription will renew accordingly (every six months or monthly).
If you purchase a Guardian Track subscription, you will need to apply the subscription separately to each child on your Guardian Track account. Each subscription is valid for one child only and does not extend to multiple children or family members under the same account. Only the parent or guardian is required to purchase a subscription for their child. If multiple subscriptions are purchased for the same child by mistake, Guardian Track is not responsible for refunds or adjustments. For more details on subscription limits and features, please refer to the Product and Service Terms.
After initial registration of a paid membership subscription, you may be given an initial free trial period (“Free Trial Period”).
Certain features may not be available during the Free Trial Period, at Guardian Track’s sole discretion (for example, Towing is not
available during a Free Trial Period for Guardian Track paid subscriptions). You may cancel your account at any time during the Free
Trial Period to avoid any additional charges. If you want to change your account type, you may do so at any time (either before or
after the Free Trial Period ends). You are limited to one trial per person (credit card or other unique payment or identification method)
during any twelve (12)-month period. If you do not cancel your account during the Free Trial Period, then at the end of the Free Trial
Period you will be automatically charged for the price of the account type you selected during registration and you will continue to be
charged unless and until you cancel your subscription. You may cancel a subscription at any time, within the app as follows:
For the Guardian Track app, go to Settings, Account, Delete Account.
Note that if you purchased a subscription through the Apple App Store or Google Play Store, then you also need to ensure you cancel your recurring payments within those app stores.
By accepting a Free Trial Period, you agree that, at the end of the Free Trial Period, you will be charged the then-current Subscription Fee for a Monthly or Annual Subscription, as specified in the offer for the Free Trial Period, and at the start of each subsequent billing period. You authorize us to charge you using the Payment Information you provided when you accepted the offer for the Free Trial Period. We may validate your Payment Information and the payment method you provided by requesting a temporary authorization to the financial institution that issued your payment method. If we determine that your Payment Information or payment method is invalid, we may revoke your subscription and terminate your Free Trial Period.
Certain features may not be available during the Free Trial Period, at Guardian Track’s sole discretion. Depending on the subscription tier (Silver, Gold or Platinum) the following features are available to our Members after the conclusion of the Free Trial:
• Roadside/Breakdown Assistance
• Identity Theft Protection and Stolen Funds Reimbursement
• Credit monitoring
• Disaster Response and Security Assistance Services
• Medical Assistance Services
• Emergency (Commercial) Travel support
• Travel Assistance Services
• Emergency Travel Triage Services
• Stolen Phone Protection
Guardian Track accepts most major credit and debit cards. Guardian Track also accepts in-app payments such as from third
parties like Apple or Google. In the event that Guardian Track is unable to charge the card you have provided (e.g., expired
credit card), Guardian Track will send you a notice to update your card information. You will have a seven (7)-day grace period
to update your billing information. If the account is not updated within the seven (7)-day grace period, Guardian Track may terminate
your subscription.
By purchasing Products or a subscription (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to provide additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment methods represented by Payment Information that you provide us. You acknowledge and agree that we have no liability with respect to any act or omission by your payment provider. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
Guardian Track not responsible for any charges or expenses you incur resulting from charges billed by Guardian Track in accordance with this Agreement (for example, overdrawn accounts, or exceeding credit card limits). By providing a credit card number or other payment method with advance authorization features (e.g., some PayPal accounts, or in-app payments such as from third parties like Apple or Google), you authorize Guardian Track to continue charging the payment method for all charges due Guardian Track, including taxes, until your account is settled and your subscription is terminated by either you or Guardian Track. Guardian Track reserves the right to limit the number of accounts that may be charged to a credit card or other payment or identification method per unique user.
Prices for subscriptions may change from time to time to reflect inflation or changing business requirements. If they do, and you
currently have a subscription, Guardian Track will provide you with advance notice of the change via email (or if you have not
provided a valid email address, through the Services or in another available manner) before the price change is to take effect.
If you do not want to continue at the new price, you can cancel the relevant subscription before the price increase takes effect
by following the instructions in Section X (Cancel Your Subscription or Close Your Account), below.
You may cancel your account at any time in accordance with Section X (Cancel Your Subscription or Close Your Account); however, except
as set out in Section X(B) below (Cancel Your Subscription During the Cooling-Off Period) or where prohibited by applicable law, there are
no refunds for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated
with your account, or for anything else. Upon canceling any features, your subscription will be valid and you will retain access to the features until
the start of your then-current paid period is completed. For example, if you purchase an annual subscription and cancel it two months into the year,
you will not receive a refund for the remaining portion of the year, but will instead enjoy the features for the remaining ten months that you have already paid for.
To qualify for a refund, all of the conditions under Section IX(D)(2) (Guardian Track Returns and Refunds) of the Product and Service Terms must be met.
All information that you provide in connection with a purchase or Transaction or other monetary transaction interaction with the Service must be
accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in
connection with a purchase or Transaction or other monetary transaction interaction with the Service at the prices in effect when such charges
are incurred. You will pay any applicable taxes, if any, relating to any such purchases, Transactions or other monetary transaction interactions.
You may cancel your Subscription or close your account at any time.
For the Guardian Track app, go to Settings, Account, Delete Account. Note that if you purchased a subscription through the Apple App Store or Google Play Store, then you also need to ensure you cancel your recurring payments within those app stores to avoid future charges.
To cancel your Subscription or close your account, visit Guardian Track's Help Center, or Navotkarsha It Solution’s Help Center, or contact us via email navotkarsha02@gmail.com. If you send an email, include your name, the email address you registered with, and a phone number where you can be reached. In general, it may take up to five (5) business days to process a cancellation request so we would recommend notifying us at least one week before the end of the current billing period. Your cancellation will take effect at the end of that billing period.
To avoid being charged for an additional Guardian Track subscription term, you must cancel at least three (3) days prior to the end of
your contract date. Guardian Track device orders placed on NavotkarshaItSolutions.com, may be canceled prior to the Guardian Track device
being processed for shipment.
Customers on a contract plan will be subject to an early termination fee of 25% of the remaining contract amount when canceling before the contract end date.
Order cancellation requests are only eligible for an immediate refund when requested prior to the Guardian Track device being processed for shipment, requiring cancellation confirmation by Navotkarsha It Solutions prior processing.
Monthly Plan: Customers who signed up for a month to month (no contract) plan may cancel service at any time. Cancellation requests will be the following billing cycle. Previously paid billing cycles are non-refundable.
6-Month Plan: Customers on the 6-month contract plan may cancel their subscription after contract completion. Once the initial contract is completed, the account transitions to a month-to-month (no-contract) plan. If a customer cancels before fulfilling the 6-month contract, an early termination fee of 25% of the remaining contract cost will be incurred.
Annual Plan: Customers on the annual contract plan may cancel their subscription after contract completion. Once the initial contract is completed, the account transitions to a month-to-month (no-contract) plan. If a customer cancels before fulfilling the 12-month contract, an early termination fee of 25% of the remaining contract cost will be incurred.
1-Year Prepaid Plan: Customer’s on the prepaid annual plan may cancel their subscription at any time, however, Guardian Track does not offer any refunds, pro-rata or otherwise, for prepaid Guardian Track plans.
2-Year Plan: Customers on the 2-year contract plan may cancel their subscription after contract completion. Once the initial contract is completed, the account transitions to a month-to-month (no-contract) plan. If a customer cancels before fulfilling the 24-month contract, an early termination fee of 25% of the remaining contract cost will be incurred.
Pay As You Go: Customers on the Pay As You Go plan may cancel their subscription at any time.
Subscription Cancellation: Upon cancellation of your subscription to the Service, your access to the Service will be terminated and the SIM card deactivated. To reactivate the SIM card and reestablish an account you must contact Customer Care via emails and Guardian Track’s Help Center, and a $35 reactivation fee may apply.
If you are a consumer based in India, you may have certain rights regarding the cancellation and refund of paid subscriptions
under applicable consumer protection laws. Refunds and cancellations will be subject to the terms outlined in our Refund and
Cancellation Policy.
For more information about your rights and the process to request a cancellation or refund, please refer to our support article
titled “Guardian Track Subscription Cancellation & Refund Policy” or contact our customer support team.
If the Services provides professional information (for example, medical or legal advice from Guardian Track’s Third Party Service
Providers), such information is for informational purposes only and should not be construed as professional advice. No action
should be taken based upon any information contained in the Service. You should seek independent professional advice from a
person who is licensed and/or qualified in the applicable area.
We care about the privacy of our Members. Please see our Privacy Policy for information about how we collect, use and disclose
information about you, including device data, location, sensory and motion data. You consent to the collections, uses and
disclosures of your personal information for the purposes described in our Privacy Policy.
Guardian Track cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized
third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge
that you provide your personal information at your own risk.
The Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned
or controlled by Guardian Track. If you use any such links, you will leave the Service. Guardian Track does not endorse or assume any responsibility
for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your
own risk, and you understand that this Agreement and Guardian Track’s Privacy Policy do not apply to your use of such sites. You expressly relieve Guardian
Track from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in
promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and
such advertisers. You agree that Guardian Track shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
This section does not apply to consumers who are resident in any jurisdiction where this indemnity is not allowable under applicable law.
To the extent permitted by applicable Indian laws, you agree to defend, indemnify, and hold harmless Navotkarsha IT Solutions Pvt. Ltd., its subsidiaries,
agents, licensors, managers, and other affiliated companies, along with their employees, contractors, officers, and directors, from and against any and all
claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to legal fees) arising from:
(i) your use of and access to the Guardian Track Service, including any data or content transmitted or received by you;
(ii) your violation of any term of this Agreement, including but not limited to a breach of any representations and warranties stated herein;
(iii) your violation of any third-party rights, including but not limited to any privacy rights or intellectual property rights;
(iv) your violation of any applicable Indian or international law, rule, or regulation;
(v) any claims or damages resulting from Member Content or other information submitted via your account, including any ideas or suggestions; or
(vi) any unauthorized access and use of the Guardian Track Service through your unique username, password, or other security credentials.
If the law of the country where you live does not allow for the disclaimer of certain warranties provided in this Section, those disclaimers
shall not apply to you to the extent prohibited.
The services are provided on an “as is” and “as available” basis. Use of the services is at your own risk. To the maximum extent permitted by applicable law, the services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, privacy, security, accuracy, timeliness, quality, or non-infringement. No advice or information, whether oral or written, obtained by you from guardian track or through the services will create any warranty not expressly stated herein. Without limiting the foregoing, guardian track , our subsidiaries, affiliates, and licensors do not warrant that:
i. The services or results that are obtained from use of the services (for example, data, information, location, crash detection or reporting, emergency assistance) will be accurate, reliable, error-free or correct;
ii. The services or results that are obtained from use of the services will meet your requirements;
iii. The services will be available at any particular time or location, timely, uninterrupted or secure;
iv. Any defects or errors will be corrected; or
v. The services are free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the services are downloaded at
your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the
services.
Guardian track does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked website or service, and life360 will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
If the law of the country where you live does not allow for the disclaimer of certain warranties provided in this Section, those disclaimers shall not apply to you to the extent prohibited.
This agreement gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if guardian track has been advised of the possibility of such damage. The limitations of liability in this section shall apply to the fullest extent permitted by law in the applicable jurisdiction. Nothing in this agreement shall affect your statutory rights as a consumer. Nothing in this agreement is intended to exclude or limit guardian track's liability for: (1) death or personal injury caused by guardian track's gross negligence; (2) fraud; (3) fraudulent misrepresentation; or (4) any other liability which cannot be validly excluded or limited by law. To the maximum extent permitted by applicable law, in no event shall guardian track, our affiliates, agents/mandataries, directors, employees, suppliers or licensors be liable to you for any losses that were not caused by guardian track's breach of this agreement or any loss or damage arising out of this agreement that was not, at the time that you entered into this agreement, a reasonably foreseeable consequence of guardian track's breach of this agreement.
To the maximum extent permitted by applicable indian law, in no event shall navotkarsha it solutions pvt. Ltd. ("Navotkarsha"), our affiliates, directors, employees, suppliers, or licensors be liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages, or for any loss of profits, goodwill, data, or other intangible losses resulting from the use of, or inability to use, the guardian track products or services. Under no circumstances will navotkarsha be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the guardian track products, services, or your account, including any information stored therein.
To the maximum extent permitted by applicable law, navotkarsha assumes no liability or responsibility for:
• Errors, omissions, mistakes, or inaccuracies in the Products or Services, or any results obtained from their use (e.g., data, location tracking, crash
detection, or emergency assistance);
• Personal injury, death, or property damage resulting from your access to or use of the Products or Services (except where caused by Navotkarsha’s gross negligence);
• Unauthorized access to or use of our servers and/or personal information stored therein;
• Interruptions or service failures in transmission to or from the Products or Services;
• Viruses, malware, Trojan horses, or other malicious threats that may be transmitted through the Products or Services by third parties;
• Errors or omissions in any content or any loss or damage incurred as a result of reliance on such content;
• Defamatory, offensive, or illegal conduct of third parties, including Member Content; and/or
• Any action or inaction of third parties that affects the Products or Services.
In no event shall Navotkarsha, our affiliates, directors, employees, suppliers, or licensors be liable for any claims, damages, or losses exceeding the amount you have paid to Navotkarsha for the services in the six (6) months prior to the event giving rise to the liability.
All legal actions arising with respect to the Services shall, unless prohibited by applicable law, be barred unless written notice thereof is received by Guardian Track within one year from the date of the event giving rise to such legal action. The Guardian Track Services are controlled and operated from India and are available for use in certain other countries as explicitly identified in this Agreement or the Product and Service Terms. Other than the countries identified in this Agreement and the Product and Service Terms, Navotkarsha IT Solutions Pvt. Ltd. makes no representations that the Products or Services are appropriate or available for use in other locations. Users who access or use the Products or Services from other jurisdictions do so at their own discretion and are entirely responsible for compliance with all applicable local laws and regulations.
You may not use the Products or Services if you are a resident of a country restricted or embargoed by the Government of India or if you are a person or entity blocked or denied under applicable Indian laws or international trade sanctions. Unless otherwise explicitly stated, all materials found in the Products and Services are solely directed to individuals located in the countries where Guardian Track is officially available.
Read this section carefully, as it governs how disputes between you and Navotkarsha It Solutions Pvt. Ltd. Will be resolved.
The term “Disputes”, as used in this section, is intended to be interpreted broadly and includes any claim, dispute, or controversy
between us that arises out of or relates to this Agreement, this Section 18, and/or any and all use of the Guardian Track Products
or Services. This includes claims based on contract, statute, regulation, ordinance, tort (including fraud, misrepresentation,
fraudulent inducement, or negligence), or any other legal or equitable theory. This also includes all threshold issues of arbitrability,
including the validity, enforceability, or scope of this Section 18.
The only Disputes excluded from arbitration are: Claims that could be brought in small claims courts in India, if applicable.
Claims by Navotkarsha IT Solutions Pvt. Ltd. for injunctive or other equitable relief.
You must send written notice of any dispute you have with Navotkarsha IT Solutions Pvt. Ltd. to us at least sixty (60) days before filing a demand for arbitration. Your notice of dispute should be sent to us at navotkarsha02@gmail.com to give us the opportunity to resolve your dispute informally. You agree to attempt to negotiate a resolution in good faith during this 60-day period. If we are unable to resolve your dispute within 60 days, then you may proceed with arbitration as described below.
In the unlikely event that we have not been able to resolve your dispute within sixty (60) days, except where prohibited by Indian laws, we each agree to resolve all disputes (except those excluded above) through binding arbitration. The arbitration will be conducted in India, under the rules of the Arbitration and Conciliation Act, 1996 (as amended from time to time). The arbitration will take place at a location agreed upon by both parties or, in the absence of agreement, at a location determined by the arbitrator.
Each party will be responsible for paying any arbitration filing, administrative, and arbitrator fees in accordance with the applicable rules. The award rendered by the arbitrator shall include costs of arbitration and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction in India. In addition, attorneys’ fees may be awarded only as permitted by applicable Indian law.
Any dispute, claim, or legal action arising out of or relating to this Agreement shall be governed by and construed in accordance with the
laws of India, without reference to its conflict of law principles. The parties irrevocably consent to the non-exclusive jurisdiction of
Indian courts for any disputes that are not subject to arbitration.
For customers residing in India, this Agreement shall be governed by the laws of India, and any disputes shall be subject to the jurisdiction of competent courts in India.
For customers residing in any other country where Guardian Track operates, this Agreement shall still be governed by the laws of India, and disputes shall be subject to the jurisdiction of courts in India, unless otherwise required by local laws in that jurisdiction.
If arbitration is required, it shall be conducted in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. The arbitration shall be conducted in English, and the decision of the arbitrator shall be final and binding on both parties. The arbitration proceedings shall be held in India, unless both parties mutually agree to another location or applicable arbitration rules in another jurisdiction.
All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action,
private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the
arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and company are each waiving the
right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
If you have a question or complaint regarding the Guardian Track Products or Services, please send an email to navotkarsha02@gmail.com or call +91 8767-400-688.
Please note that email communications may not be secure; accordingly, you should not include credit card information or other sensitive data in your correspondence
with Guardian Track.
Indian residents may also file complaints under the Consumer Protection Act, 2019 by reaching out to the National Consumer Helpline (NCH) at 1800-11-4000 or by visiting the official consumer grievance portal at www.consumerhelpline.gov.in.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Guardian Track without restriction.
Any attempted transfer or assignment in violation hereof shall be null and void.
Guardian Track may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice,
written or hard copy notice, or through posting of such notice on our website or mobile application, as determined by Guardian Track in our sole discretion or as may
be required by applicable law. In order for us to send you notifications by email, you must ensure that you have an updated email address entered into your account.
You can add an email address to your Guardian Track account, or update the email address you have on your account, by accessing Settings – Account – Edit Email Address
within the Guardian Track App. Guardian Track reserves the right to determine the form and means of providing notifications to our members, provided that you may opt
out of certain means of notification as described in this Agreement. Guardian Track is not responsible for any automatic filtering you or your network provider may apply
to email notifications we send to the email address you provide us. Guardian Track may modify or update this Agreement from time to time to reflect changes to our Services
or how we do business; for legal, regulatory or security reasons, or to prevent abuse or harm. Your continued use of the Services after any such change constitutes your
acceptance of the Agreement. If you do not agree to any of these terms or any future Agreement, do not use or access (or continue to access) the Services. You can also
end your relationship with us at any time if you do not agree any of these changes by closing your account (see section X "Cancel Your Subscription or Close Your Account").
This Agreement, together with any amendments and any additional agreements you may enter into with Guardian Track in connection with the Services (including all
supplemental terms referenced herein), shall constitute the entire agreement between you and Guardian Track concerning the Services. If any provision of this
Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions
of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Guardian Track’s failure to assert
any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Google Play, the
Google Play logo, and Android are trademarks of Google Inc. The Bluetooth® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc. and any
use of such marks by us is under license. All other trademarks and trade names are properties of their respective owners.
You and Guardian Track have each expressly requested and required this Agreement and all documents that relate hereto be
drawn up in the English language, and that the English language version of this Agreement shall prevail in the case of any
discrepancies between it and a version in any other language.
Please contact us navotkarsha02@gmail.com with any questions regarding this Agreement.
Guardian Track maintain an office address at:
SPPU Research Park Foundation,
Opposite Health Centre,
Savitribai Phule Pune University,
Ganeshkhind, Pune-411007
India