End-User License Agreement (EULA) of
The Guarder
Last Updated: December 18, 2025
This End-User License Agreement ("EULA") is a legal agreement between you (the "User") and The Guarder AG ("Company," "we," "us," or "our"). This EULA governs your use of The Guarder software application ("Software" or "App"), including all updates and any accompanying documentation.
By installing, accessing, or using the Software, you agree to be bound by the terms of this EULA. If you do not agree, do not install or use the Software.
1. Acknowledgement of Platform Terms
You acknowledge that this EULA is concluded between you and the Company only, and not with Apple Inc. or Google LLC. The Company, not Apple or Google, is solely responsible for the Software and its content. Your use of the App must also comply with the Apple Media Services Terms and Conditions and the Google Play Terms of Service.
2. Scope of License
The Company grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Software on devices you own or control. This license is for your personal, non-commercial family safety use only.
3. Critical Permissions and Data Processing
To function as a family safety tool, the Software requires specific permissions. By enabling these, you consent to the following processing:
- Always-On Location & Precise GPS: You grant the App permission to access your location in the background (at all times) to provide real-time tracking and "Safe Zone" alerts to your Family Circle.
- Motion & Fitness: You grant access to your device's motion sensors to detect activity patterns (e.g., walking vs. driving). This is used to optimize battery life and provide context for safety alerts.
- Background App Refresh: You permit the App to refresh data in the background to ensure your location is always up-to-date for your family members.
- Data Residency: You acknowledge that your data (location, routes, and chat) is processed via Fly.io (Frankfurt) and stored via Supabase/AWS (Frankfurt, Germany) to ensure compliance with EU and Swiss data protection standards.
- Mapping Services: The App utilizes Google Maps. By using the App, you are also bound by the Google Maps/Google Earth Additional Terms of Service.
4. Family Circle and Consent
- Adult Consent: You represent that every adult invited to your "Family Circle" has explicitly consented to share their precise location and motion data with you.
- Minor Consent: If you track a minor, you represent and warrant that you are the legal parent or guardian of that minor and provide "Verifiable Parental Consent" for their data collection.
- Misuse: Using this Software for unauthorized stalking, harassment, or tracking individuals without their legal consent is a material breach of this EULA and may result in immediate account termination and reporting to authorities.
5. Private Family Chat
The App includes a private chat feature. While the Company provides the infrastructure for these messages (stored in Frankfurt), you are responsible for the content sent within your family group. The Company does not monitor these private messages except as required by law or to investigate a reported breach of terms.
6. Maintenance, Support, and Warranty
- Maintenance: The Company is solely responsible for providing maintenance and support. Apple and Google have no obligation to provide any support for the App.
- "As-Is" Warranty: The Software is provided "as is." While we strive for accuracy, the Company does not guarantee that geolocation, geocoding, or routing data will be 100% accurate or available at all times due to GPS limitations and network connectivity.
- App Store Refunds: In the event of a failure to conform to any applicable warranty, you may notify Apple/Google for a refund of the purchase price; however, to the maximum extent permitted by law, they have no other warranty obligations.
7. Intellectual Property
The Company retains all rights, title, and interest in and to the Software, including all copyrights, trademarks, and trade secrets. You may not:
- Decompile, reverse engineer, or attempt to derive the source code.
- Modify, adapt, or create derivative works of the Software.
- Remove or alter any proprietary notices or labels.
8. Legal Compliance and Export Control
You represent and warrant that:
- You are not located in a country subject to a U.S. or EU government embargo.
- You are not listed on any government list of prohibited or restricted parties.
9. Third-Party Beneficiary
You acknowledge and agree that Apple and Google, and their subsidiaries, are third-party beneficiaries of this EULA. Upon your acceptance of these terms, they have the right to enforce this EULA against you as a third-party beneficiary.
10. Termination
This agreement is effective until terminated by you or the Company. Your rights under this license will terminate automatically if you fail to comply with any terms. Upon termination, you must cease all use of the Software and delete all copies.
11. Governing Law and Jurisdiction
This EULA is governed by the laws of Switzerland (or your specific EU country). Any disputes shall be subject to the exclusive jurisdiction of the courts in Switzerland.