Effective Date: August 1, 2025
IMPORTANT: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES WE PROVIDE (AS DEFINED BELOW), AS THESE TERMS OF USE CONSTITUTE A BINDING CONTRACT BETWEEN US.
Thanks for choosing Lifeguard. For the purposes of this License and Terms of Service (collectively “Terms”) "Lifeguard", "We" or "Us" means Lifeguard Technology, Inc
To make it easier to understand, we’ve divided our legal terms into five parts: (1) Automatic Renewals and Billing, (2) General Legal Terms, (3) Service-Specific Terms, (4) License Terms, (5) Additional Terms for Residents of Canada.
These Terms represent a binding contract between you and Lifeguard. These Terms apply to your use of any products or services offered by Lifeguard as described in these Terms (collectively, the “Services”), including all software provided as a part of our Services (the “Software”), whether through the website found at https://www.tryLifeguard.com/, a mobile application, our extension, or in any other manner.
You agree to be bound by these Terms when you sign up for or use the Services, download or use any Software in connection with the Services, and any time you access or use the Services. We encourage you to read our Terms carefully. If you do not agree to be bound by these terms, you should not use the Services.
IN PARTICULAR, THESE TERMS CONTAIN AN ARBITRATION AGREEMENT THAT REQUIRES U.S. USERS TO RESOLVE DISPUTES WITH LIFEGUARD OR ITS AFFILIATES THROUGH ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WAIVE THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. SEE SECTION 2.12 BELOW FOR THE DETAILS OF THE ARBITRATION AGREEMENT.
Part 1. Automatic Renewals And Billing
This section does not apply to you if you are an employee who is provided the Services via an arrangement your employer has with us under Section 1.7(b) (see below).
1.1 Subscription and Enrollment. Depending upon the Services you subscribe or register to use, you may be permitted to be enrolled as follows: (1) by telephone, (2) by the Lifeguard website, (3) by another method permitted by Lifeguard or (4) by a third-party who is authorized on Lifeguard's behalf or provide your personal information to enroll you on your behalf. Our Services are generally billed on a subscription basis (“Subscription”). If applicable and you elect to enroll in a Subscription, you will be billed in advance for your Subscription on a recurring and periodic basis (“Billing Cycle”). The length of your Billing Cycle will depend on the Subscription you select. Billing Cycles will typically consist of one (1) month or one (1) year terms (“Subscription Term”). You agree to pay for the Subscription that you select. You also authorize us to automatically charge the payment method our service provider has on file based on the Billing Cycle applicable to your Subscription. If you have a yearly subscription, upon renewal, we may automatically change the payment cycle of your subscription from a yearly payment cycle to a monthly payment cycle provided we give you at least ten (10) days’ prior notice of such change and the total fees owed for one year of monthly payments equals your yearly subscription price.
1.2 Automatic Renewals and Cancellation. At the end of each Billing Cycle, your Subscription will automatically renew for an additional Billing Cycle at the price shown in your account dashboard or otherwise communicated to you by us pursuant to Section 1.6 (“Fee Changes”) unless you or we have canceled your Subscription at least one (1) day prior to the commencement of your next Billing Cycle or in accordance with Section 1.4 below. We will email you in advance to let you know your Subscription is due for renewal and provide the renewal price in your account dashboard. You may cancel your Subscription by contacting us via the phone number in your account dashboard or by logging into your account. Once we or you have canceled your Subscription, your recurring subscription fees for the Services will no longer be charged to the payment method our service provider has on file for your account, and your Subscription will remain active only until the end of the current Billing Cycle. Lifeguard is under no obligation to provide you any refund if you cancel your Subscription early.
For individuals residing in the province of Quebec, please see additional provisions at Section 5.1.2 for automatic renewals.
1.3 Plan Switching. In the event we allow you to switch your Lifeguard Subscription plan, we will send you an email confirming the plan change, and reflect any Service Credits (as defined in Section 1.8) or amount owed due to the difference in changing plans, and the Billing Cycle for the new plan. Your plan switch will be effective as of the date shown in your account profile and confirmation email, which will generally be tied to the date you elect to switch your plan.
1.4 Money Back Guarantee. Certain Services may include a Money Back Guarantee. If a Money Back Guarantee is offered for the Services, the terms of the Money Back Guarantee will be visible in your account profile.
1.5 Payment Methods. A valid payment method is required to process the payment for your Subscription. You shall provide us or our third-party payment processor with accurate and complete billing information which may include full name, address, state/province/territory, zip/postal code, and valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.
Unless we expressly provide otherwise, all amounts paid are non-refundable. You further agree to be responsible for any applicable state/provincial/territorial, federal or other taxes that may be associated with the Services, including sales taxes, along with any transaction fees and currency conversions added by your financial institution and intermediaries. All amounts are in U.S. Dollars for U.S. customers and Canadian Dollars for Canadian Customers.
If the billing method you provide is a credit or debit card (“Payment Card”), you:
(a) represent that you are authorized to use such Payment Card;
(b) authorize us to charge your Payment Card periodically for the Subscription fees when due, including upon sign up for the Services and each subsequent Billing Cycle;
(c) agree to keep your Payment Card details valid and current; and
(d) agree to pay any processing fees that are charged by the third-party payment processors or Payment Card issuer.
If your Payment Card is declined when we attempt to charge it, we may try to charge it again at a later time. If we do not receive payment, we may suspend or terminate your Subscription.
1.6 Fee Changes. We may change the fees that we charge for the Services at any time at our sole discretion, provided that we will give you at least thirty (30) days of prior notice of such changes. Unless otherwise specified in such notice to you, any changes to the Subscription fees will take effect in the next Billing Cycle immediately following our notice to you.
1.7 Cancellations with Lifeguard Authorized Resellers. If you enrolled in our Services as part of an employee benefits program or Reseller Program, the following terms apply.
Employee Benefits Voluntary User Program. If you enrolled in our Services via an Employee Benefits Voluntary User Program (where you are offered to sign up and pay for the Services via payroll deduction), you must contact your employer to cancel the Service. The disposition of any refunds is between you and your employer.
Employee Benefits Employer Paid Program. If you enrolled in our Services via an Employee Benefits Employer Paid Program (where the employer pays for the Services to be provided with an option for you to purchase additional Services via credit card purchase), any Services paid for by the employer will not result in any refund to you at time of cancellation. If you purchased additional Services via credit card, no refunds are provided. The Services will continue to be accessible until the last day of your current month’s billing cycle.
Employee Benefits User Direct Enrollment Program. If you enrolled in our Services via an Employee Benefits User Direct Enrollment Program (where you pay for the Services directly), no refunds are provided. The Services will continue to be accessible until the last day of your current month’s billing cycle.
Other Reseller Programs. If you enrolled in our Services via a reseller program (“Reseller Program”), no refunds are provided by Lifeguard. The Services will continue to be accessible until the last day of your current month’s billing cycle. Should you have questions, please contact your Reseller as any disposition of refunds, if owed, is between you and the Reseller.
1.8 Service Credits. At any time, and for any reason, we may provide you with credits that are redeemable for our Services (“Service Credits”). Unless otherwise required by applicable law, Service Credits are not legal tender or currency; are not redeemable, refundable, or exchangeable for any sum of money or monetary value; have no equivalent value in fiat currency; do not act as a substitute for fiat currency; and do not constitute or confer upon you any personal property right. Service Credits are non-transferable and may be used only in connection with the Services. Service Credits are not refundable and expire one year after the date of purchase or issuance if not used, unless otherwise specified at the time of purchase.
Part 2. General Legal Terms
2.1 Access and Eligibility. To use Our Services, you must be Eligible, establish a user account, and enroll in a Subscription to the Services. In order to access and use certain Services, you may be required to download and install certain Software on a device. “Eligible” means that you reside in either Canada or the United States of America and (i) you are 18 years of age or above the age of majority in your jurisdiction of residence (whichever is greater); or (ii) you are 13 years of age or older (in Quebec, 14 years of age or older), but under the age of majority in your jurisdiction of residence and are using the Services with the permission and involvement of your parent or legal guardian who has agreed to these Terms. By downloading, using, or accessing the Services, you represent and warrant that you are Eligible. Under no circumstances may anyone under 13 years of age use or access the Services at any time or in any manner or submit any information through the Services outside of the circumstances outlined in this section. Our Services are not available to persons who are not Eligible or to any users previously suspended, terminated, or removed from the Services by Lifeguard.
If Lifeguard does not receive all the required personal information (which is necessary to provide the Services) during the enrollment process to provide the features in the Subscription plan you selected, you agree that we may use our databases, or other resources to attempt to complete the required information on your behalf. If you do not provide this necessary information and we cannot verify your identity, our service providers may be unable to successfully provide the features in the Subscription plan you’ve selected. As such, we may refuse to allow you to use certain features (for example, some credit based features) and may automatically enroll you in a version of our Services that has fewer features (for example, only including non-credit features).
2.2 User Data, Accounts and Passwords. You are fully and solely responsible and liable for the content and data you enter into our Services, including your user name and password. You are solely responsible for ensuring that you keep your user name and password safe. You agree not to disclose your password to any third-party and must notify us immediately of any unauthorized use of your account. We are not responsible for your failure to do so, or for any delay in suspending or terminating your account after you do. You are responsible for all use of your account. We may reject, or require that you change, any user name or password, in our sole discretion.
2.3 User Submissions; Feedback; Beta Features; Updates. If you provide to Lifeguard, either directly or through a third-party such as the Apple App Store, feedback and/or reviews, suggestions, comments, or ideas relating to the Services (“Submissions”), you grant, to the maximum extent permitted by applicable law, Lifeguard and its affiliated companies a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum, now known or hereafter developed, to improve or market the Services or for any other reasonable business purpose. We may sublicense these rights through multiple tiers of sublicenses. No compensation will be paid with respect to the use of your Submission. Lifeguard is under no obligation to post or use any Submission you may provide and Lifeguard may remove any Submission at any time in its sole discretion and without notice. By providing a Submission to Lifeguard, you represent and warrant that you own or otherwise control all of the rights to your Submission that are necessary for you to provide it, including Intellectual Property Rights. You agree that: (i) all content of your Submissions must be accurate; (ii) you will not provide a Submission that is known by you to be false, inaccurate or misleading and/or may be reasonably considered to be defamatory, libelous, hateful, offensive, unlawfully threatening or unlawfully harassing to anyone; (iii) you will not provide a Submission that infringes or violates a third-party’s Intellectual Property Rights or other proprietary rights or rights of publicity or privacy; (iv) you will not provide a Submission that violates any applicable law, statute, ordinance or regulation; (v) you will not provide a Submission for which you were compensated or granted any consideration by any third-party; (vi) you shall not provide any Submission that includes information that references other websites, addresses, email addresses, contact information, phone numbers, or other personally identifiable information for anyone; ] (vii) you will not provide a Submission that contains any potentially damaging computer programs or files; and Submissions shall not be deemed confidential and Lifeguard shall not have any obligation to keep any such material confidential.
Also we may, in our sole discretion, include new and/or updated beta features in the Services for your use and which permit you to provide feedback. Using beta features may subject you to the payment of fees. You understand and agree that your use of the beta features is voluntary. The beta features are provided on an “as is” basis and you acknowledge and agree that all use of beta features is at your personal risk. Certain beta features may be subject to additional terms or an agreement.
We may from time to time develop and provide updates for the Services, which may include upgrades, bug fixes, patches and other error corrections and/or new features, functionality, tools or content (collectively, “Updates”). Updates may also modify or delete features, functionality, tools or content in their entirety. If you do not download and install the most recent Updates, portions of the Services may not properly operate. All Updates will be deemed part of the Services and be subject to all terms and conditions of the Terms. You agree that Lifeguard has no obligation to provide any Updates or to continue to provide or enable any particular features, functionality, tools or content.
2.4 Free Trials. EXCEPT WHERE EXPRESSLY PROHIBITED FOR INDIVIDUALS RESIDING IN THE PROVINCE OF QUEBEC, Lifeguard may, in its sole discretion, offer a Subscription with a free trial for a limited period (“Free Trial”). If we offer you a Free Trial, the specific terms of your Free Trial will be provided at signup and/or in the promotional materials (such as, but not limited to, emails) describing the Free Trial and your use of the Free Trial is subject to your compliance with such specific terms. Free Trials are only available to users who have not subscribed to the Services in connection with a Free Trial being offered in the last 12 months or other duration as clearly defined by Lifeguard in the signup flow and/or in the applicable promotional materials.
You may be required to enter your billing information to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by us until the Free Trial has expired. You may cancel your Subscription within at least 24 hours prior to the end of your Free Trial through your Lifeguard dashboard and unless you cancel during the aforementioned timeframe. You will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer. Before charging you at the end of your free trial period, we will notify you of the applicable fees.
2.5 Links to Third-Party Websites and Products. The Services may also provide hyperlinks to third-party websites, resources, or services (“Third-Party Content”). You acknowledge and agree that Lifeguard is not responsible or liable for (i) the availability, terms or practices of such websites, resources or services, or (ii) the content, products or services available on or through such websites, resources or services, including that any information provided is complete, accurate or up-to-date. Links to such websites, resources or services do not imply any endorsement by Lifeguard of such websites, resources or services or the content, products or services available on or through such websites, resources or services. If you choose to access or use any Third-Party Content, your personal information may be available to a third-party content provider. These Terms will not apply to your activities or any information you disclose while using third-party products or services or otherwise interacting with third parties. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy, and other policies, if any, and not our policies. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any Third-Party Content.
2.6 Data from Third-Party Services and Products. Some features and functionalities may enable you to share Your’s or a Family Member’s data with a Third-Party service or product (“Third-Party Service Data”) with Lifeguard or enable Lifeguard to access said Third-Party Service Data. By sharing or enabling access to Third-Party Service Data, you represent and warrant that you own this information and have the right to provide it to us or enable our access to it. You acknowledge and agree that you, not Lifeguard, are responsible and liable for compliance with any terms or conditions associated with the Third-Party Service Data (“Third-Party Service Terms”) and under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused due to your failure to comply with any Third-Party Service Terms.
2.7 Indemnification. To the fullest extent permitted by law, you agree to indemnify and hold Lifeguard, its affiliates, agents, suppliers, vendors, contractors, resellers, third-party partners, and licensors, and each of their respective contractors, subcontractors, officers, directors, shareholders, employees, agents, and its third-party suppliers, licensors, and partners (collectively, the "Lifeguard Entities”) harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your access to or use of the Services. Lifeguard reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Lifeguard Entities, and you agree to cooperate with Lifeguard's defense of these claims. Lifeguard will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
2.8 Export. The Services, or certain portions thereof, may be subject to United States export controls. You may not export or re-export any aspect of the Services without (a) the prior written consent of Lifeguard, (b) complying with any applicable export control laws, and (c) obtaining all appropriate permits and licenses. In any event, you may not remove or export from the United States or allow the export or re-export of any part of the Services in violation of any restrictions, laws, or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. The Services may contain information that is controlled and restricted from export by the United States export controls restrictions, regulations, and laws described above (the “Controlled Information”). If Lifeguard, in its sole discretion, determines that it cannot implement the Services in a manner to exclude access to Controlled Information where required, if you are in a country or territory that is subject to such regulation, you shall not be provided access to the Services.
2.9 Disclaimers; No Warranties. TO THE FULLEST EXTENT PERMITTED UNDER LAW, SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, AND EXCEPT WHERE EXPRESSLY PROHIBITED BY LAW FOR CONSUMERS RESIDING IN THE PROVINCE OF QUEBEC, Lifeguard disclaims all warranties, statutory, express, or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No information, whether oral or written, obtained by you from Lifeguard or through the Services will create any warranty not expressly stated herein. You expressly agree that the use of the Services is at your sole risk. The Services and any data, information, third-party software, services, or applications made available in conjunction with or through the Services are provided on an “as is” and “as available”, “with all faults” basis and with no assurances that the Services will withstand attempts to evade security mechanisms or that there will be no cracks, bugs, disablements or other circumvention. Lifeguard does not warrant that the Services will be uninterrupted or free of errors, viruses, or other harmful components and does not warrant that any of the foregoing will be corrected. You understand and agree that if you use, access, or download the Services, or otherwise obtain or transmit materials, data, or other content while using the Services, you do so at your discretion and risk. When using the Services, information will be transmitted over a medium that is beyond the control and jurisdiction of Lifeguard, its partners, advertisers, and sponsors, or any other third-party mentioned on the Services. Accordingly, Lifeguard assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Services.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE EXCLUSIONS AND TERMS MAY NOT APPLY TO YOU. CONSUMER RIGHTS MAY VARY FROM ONE JURISDICTION TO ANOTHER JURISDICTION. TO THE EXTENT YOU MAY HAVE CERTAIN RIGHTS UNDER APPLICABLE LAWS IN YOUR JURISDICTION, NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY APPLY.
2.10 Limitation of Liability and Damages. TO THE FULLEST EXTENT PERMITTED UNDER LAW AND EXCEPT WHERE EXPRESSLY PROHIBITED FOR INDIVIDUALS RESIDING IN THE PROVINCE OF QUEBEC, LIFEGUARD AND THE LIFEGUARD ENTITIES WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DAMAGES OR LIABILITIES, INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT OR DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH) ARISING CONCERNING YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OF OR INABILITY TO USE THE SERVICES, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD-PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICES, OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LIFEGUARD AND YOU.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, NEITHER LIFEGUARD, CSID, EQUIFAX, TRANSUNION, EXPERIAN NOR ANY OF THEIR RESPECTIVE AFFILIATES SHALL HAVE ANY LIABILITY TO YOU AS AN AGENT IN OBTAINING COPIES OF ANY OF YOUR CREDIT REPORT, CREDIT ALERT REPORT, QUARTERLY UPDATE, OR CREDIT SCORE. NEITHER LIFEGUARD, CSID, EQUIFAX, TRANSUNION, EXPERIAN NOR ANY OF THEIR RESPECTIVE AFFILIATES OR CREDIT INFORMATION SUBCONTRACTORS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, FOR THE ACCURACY OF THE INFORMATION CONTAINED IN OR PROVIDED IN CONJUNCTION WITH THE LIFEGUARD SERVICES. NEITHER LIFEGUARD, CSID, EQUIFAX, TRANSUNION, EXPERIAN NOR ANY OF THEIR RESPECTIVE AFFILIATES ASSUME ANY LIABILITY FOR DAMAGES, DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL, IN CONNECTION WITH THE PERFORMANCE OF THE SERVICES OR YOUR REQUEST, USE, OR ATTEMPTED USE OF THE SERVICES. NEITHER LIFEGUARD NOR ANY OF THEIR RESPECTIVE AFFILIATES OR CREDIT INFORMATION SUBCONTRACTORS ARE RESPONSIBLE FOR NEGATIVE FACTUAL INFORMATION CONTAINED IN ANY REPORTS YOU RECEIVE AS PART OF THE SERVICE. THE AGGREGATE LIABILITY OF ALL SUCH PARTIES TO YOU, IN ANY EVENT, IS LIMITED TO THE AMOUNT WHICH YOU HAVE PAID LIFEGUARD FOR YOUR MEMBERSHIP. LIFEGUARD PRODUCTS AND SERVICES ARE NOT A CREDIT COUNSELING SERVICE AND DO NOT PROMISE TO HELP YOU OBTAIN A LOAN OR IMPROVE YOUR CREDIT RECORD, HISTORY, OR RATING. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION, CANCELLATION, OR EXPIRATION OF THIS AGREEMENT.
WE ACKNOWLEDGE CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AGREE THAT, TO THE EXTENT YOU HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAWS OF YOUR JURISDICTION, CERTAIN OF THESE TERMS MAY NOT APPLY TO YOU AND THESE TERMS ARE NOT INTENDED TO AFFECT YOUR APPLICABLE RIGHTS.
2.11 Government Use. This Section 2.11 applies where the Services are provided for the benefit of a U.S. governmental end-user. As defined in FAR section 2.101, the Services are “commercial items” and according to FAR 12.212 and DFARS section 252.227-7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with FAR section 12.212 and DFARS section 227.7202, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by these Terms and will be prohibited except to the extent expressly permitted by these Terms.
2.12 Dispute Resolution By Binding Individual Arbitration. Most customer concerns can be resolved quickly and to the customer's satisfaction by contacting us. If customer service is not able to resolve your concern or complaint to your satisfaction, you agree to give Us a fair opportunity to resolve any complaint, claim or dispute you may have informally and shall provide Us with a written notice of your claim in the manner described in the Notices; Contact Us section, so that we can cooperate with each other to try to address the matter amicably prior to engaging in any formal dispute resolution proceedings.
In the unlikely event that customer service is unable to resolve a complaint you may have with Lifeguard or Lifeguard's service provider(s) to your satisfaction (or if Lifeguard and/or Lifeguard's service provider(s) have not been able to resolve a dispute with you after attempting to do so informally), you, on the one hand, and Lifeguard and/or Lifeguard’s service provider(s), on the other, each agree to resolve those disputes under the Arbitration Agreement contained in this Section 2.12. The Arbitration Agreement requires you to resolve all disputes (other than those expressly exempted in this Section 2.12) through binding arbitration on an individual basis, instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. However, in arbitration, you, on the one hand, and Lifeguard and/or Lifeguard’s service provider(s), on the other, will be entitled to recover attorneys’ fees to the same extent they would be available in court.
Arbitration Agreement
Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Lifeguard agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Lifeguard are each waiving the right to a trial by jury and the right to participate in a class action. The parties further agree that, in order to bring a claim in arbitration, they must first be able to satisfy the federal standing requirement under Article III of the United States Constitution with respect to their claim, and that the arbitrator shall be empowered to make a binding determination on standing. This arbitration provision shall survive termination of these Terms.
Exceptions. As limited exceptions to Section 2.12(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights (iii) claims you may have which relate to your credit report, or any claims arising out of or relating to the Fair Credit Reporting Act (“FCRA”) and/or the FCRA’s law equivalent(s) in other jurisdictions are not subject to this Arbitration Agreement.
Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. Both You and Lifeguard will be entitled to recover attorneys’ fees to the same extent they would be available in court.
Injunctive and Declaratory Relief. Except as provided in Section 2.12(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
Class Action Waiver. YOU AND Lifeguard AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
Severability. With the exception of any of the provisions in Section 2.12(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
2.13 Prohibited Conduct. BY USING THE SERVICES YOU AGREE NOT TO:
use the Services for any fraudulent, harassing, or abusive purpose, or to damage or cause risk to our business, reputation, employees, subscribers, facilities, or any person;
use the Services for any illegal purpose, or in violation of any local, state/provincial/territorial, national, or international law;
use the Services for any commercial use, it being understood that the Services are for personal, non-commercial use only;
use the Services if you are not Eligible;
remove, circumvent, disable, damage, or otherwise interfere or deny service in any way or form with security-related features of the Services, features that prevent or restrict use or copying of the Software, or features that enforce limitations on the use of the Services;
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof;
intentionally interfere with or damage the operation of the Services, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
Obtain, export, move or copy any data, information or material when you do not have the right to do so.
Impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”).
Upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material, or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
Upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information that is confidential, libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful;
2.14 No Tax, Legal, or Medical Advice; No Credit Repair Services. You acknowledge and agree that we are not providing any medical, legal, tax, or financial advice by providing the Services to you. We are also not a credit repair agency and use of the Services will not repair your credit or improve your creditworthiness.
2.15 Additional Applicable Terms.
General. Certain areas, features, or functionality of the Services may be subject to different or additional terms, rules, guidelines, or policies (“Additional Rules”) and not every Subscription will include the same features (for example, Subscriptions purchased via an authorized third-party may not include all of the same features as a Subscription purchased directly from Lifeguard). Not all features may be available on all devices. We may provide such Additional Rules to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature or functionality. From time to time, such Additional Rules may conflict with these Terms. In the event of such a conflict, the Additional Rules will control. Any reference to the “Terms” in this agreement includes the Additional Rules.
Additional License Terms for Apple App Store. If the Software is provided to you through Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to all the other terms set forth herein: (a) Apple is not responsible for the Services and has no obligation to furnish any maintenance or support services for the Software or the Services; (b) In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software (if any) to the Customer. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever for the Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be governed by the Terms; (c) Any claim in connection with the Software related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by this Agreement, and Apple is not responsible for such claim. (d) Any third-party claim that the Software or your possession and use of the Software infringe that third-party’s Intellectual Property Rights will be governed by this Agreement, and Apple will not be responsible for the investigation, defense, settlement, and discharge of such intellectual property infringement claim; (e) Apple shall be a third-party beneficiary of this Agreement and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you.
Additional License Terms for the Google Play Store. If the Software is provided to you through the Google Play Store (“Google-Sourced Software”), then the following Google Play Store terms and conditions [link here] apply to you in addition to all the other terms set forth herein: (a) you acknowledge that these Terms for the Services, including the Google-Sourced Software, are between you and Lifeguard only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (c) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (d) Lifeguard, and not Google, is solely responsible for its Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to Lifeguard's Google-Sourced Software.
Other Stores. If our Software is downloaded from any other store, platform, marketplace (e.g., Microsoft Store), you acknowledge that you have read, understood, and agree to the customer terms of use of such stores, platforms, and marketplace. Lifeguard is the licensor of the Software and the provider of the Services and any third party (e.g., operator of the store, platform, marketplace) is not a party to these Terms.
2.16 Privacy. We respect your privacy and have taken specific steps to help protect it. Your submission of personal information through the Services is governed by our Privacy Policy. By participating in the Services, you acknowledge that you have reviewed and understand our Privacy Policy and consent to the practices described in that policy.
2.17 Cancellation
Cancellation by Lifeguard. Lifeguard may terminate your use of the Services or discontinue providing access to the Services at any time and for any reason, including, but not limited to any actual or suspected breach by you of these Terms or any other unacceptable or objectionable use of the Services, as determined by Lifeguard in its sole discretion. You agree that any termination of your access to the Services may be effected without prior notice and you agree that Lifeguard will not be liable to you or any third-party for any such termination. All refunds are issued at Lifeguard’s sole discretion and any refund request may be denied for any or no reason.
Cancellation by You. You may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of your then-current Subscription period.
Termination of this Agreement. Upon cancellation or termination of the Services by either You or Lifeguard, this Agreement shall terminate except as set forth in Section 2.23.
2.18 Force Majeure. Due to the nature of the Services, actual coverage, speeds, server locations, and quality of Services may vary. We aim to improve and provide Services at all times, but operation of the Services are dependent on the internet and third party internet connections, equipment or infrastructure, as well as third party service providers. From to time to time, Services may be not available without a prior notice or Our liability, including when (a) We test, update, expand, add, or remove our Services, features, functionalities, including those required to reflect changes in relevant laws and regulatory requirements (b) we experience temporary interruptions due to technical difficulties, maintenance or human errors; or (b) Force Majeure Event (as defined below) cause interruption to the Services.
Neither party will be responsible or have any liability for any delay or failure to perform, or inadequacy in performance, to the extent caused by unforeseen circumstances or causes beyond a party’s reasonable control (“Force Majeure Event”), which may include natural disaster (such as earthquake, fire, flood, severe weather, or pandemic), sanctions, embargoes, strikes, labor disturbances, civil unrest or riots, unavailability or delay of suppliers or licensors, riots, acts of terrorism or criminal activity, war, failure or interruption of the internet or related infrastructure, power failures, acts or orders of civil and government authorities, or any other act of God; provided that each party will use reasonable efforts to limit the resulting delay or failure in its performance and the foregoing shall not alleviate any applicable payment obligations.
2.19 Trademark and Copyright. © 2025 Lifeguard All rights reserved. “LIFEGUARD” are trademarks and/or registered trademarks of Lifeguard. The following are trademarks of third parties: Equifax is a registered trademark of Equifax, Inc.; Experian is a registered trademark of Experian, Inc.; TransUnion is a registered trademark of TransUnion, LLC; and other trademarks are trademarks of their respective owners.
All aspects of the Services and their content, features, and functionality are owned by Lifeguard, our licensors, or other content suppliers, and are protected by copyright and other intellectual property laws. See Part IV of these Terms for the details of the limited license under which you are permitted to use the Services.
2.20 Account Data and Usage Data.
Account Data and Licenses. You hereby grant Lifeguard a worldwide, revocable, non-exclusive, royalty-free, sublicensable, and transferable license and all other rights required or necessary to reproduce, distribute, publicly display, publicly perform, create derivative works of, and otherwise use, modify, and exploit Your Account Data for the following purposes (“Permitted Uses”): (i) consistent with this Agreement and as required to perform our obligations and provide the Services; (ii) in accordance with our Privacy Policy; (iii) as authorized or instructed by you; (iv) as required by Law; or (v) for legal, safety or security purposes. “Account Data” means electronic data and information submitted by You to the Services or collected and processed by Lifeguard for You as a result of your use of the, excluding Usage Data. Account Data may include personal data.
Usage Data. Lifeguard owns all rights, title, and interest in and to telemetry data, product usage data, diagnostic data, and similar data (“Usage Data”) that Lifeguard collects or generates in connection with Your use of the Services.
2.21 Notices; Contact Us.
Notices. All notices must be in writing and will be deemed given when: (a) personally delivered, (b) verified by a written receipt, if sent by postal mail with verification of receipt service or courier, (c) received, if sent by postal mail without verification of receipt, or (d) verified by automated receipt or electronic logs if sent by email, provided that no bounce or other technical error message was received in response. Notices to Lifeguard must be sent to Lifeguard, 924 E 7th Street, Suite 200, Austin, TX 78702, marked to the attention of the Legal Department, with a copy emailed to support@trylifeguard.com. Email alone is insufficient for providing non-routine legal notices to Lifeguard such as notices related to disputes or arbitration, indemnification claims, breach notices, and termination notices (“Non-Routine Notices”) to Lifeguard. You may grant approvals, permission, extensions, and consents by email. Notices to you may be sent to the email address associated with your account for the Services.
You consent to receive certain electronic communications from us in connection with your use of the Services. You agree that any notices or other communications sent to you electronically will satisfy any legal notice requirements. You must keep contact details associated with your account and accurate, and you will notify Lifeguard in writing of any changes to such details.
Contact Us. If you have any questions about these Terms, please contact us at the below address or by contacting us via the phone number or email address in your account dashboard which at the time of publishing is 512-262-9996 and support@trylifeguard.com
Lifeguard, 924 E 7th Street, Suite 200, Austin, TX 78702
2.22 Governing Law/Jurisdiction. These Terms will be governed by and construed by the laws of the State of Delaware, USA, exclusive of its choice of law principles. OTHER THAN FOR INDIVIDUALS RESIDING IN THE PROVINCE OF QUEBEC, You expressly agree that exclusive jurisdiction for resolving any claim or dispute with Lifeguard or relating in any way to Your use of the Services resides in the state and federal courts of Delaware and You further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of Delaware. You further agree that any such claims will be brought solely on an individual basis and not as part of any class, consolidated, or representative capacity.
Some jurisdictions (such as the province of Quebec, Canada) have laws that require contracts to be governed by the mandatory provisions of the local laws of the consumer's country. In such cases, mandatory provisions of the local laws of your country of residence apply.
2.23 Survival. Upon termination, expiration, or cancellation of the Services for any reason, such terms as by their nature would survive termination shall survive. In particular, Section 2.3 (User Submissions; Feedback; Beta Features; Updates); Section 2.19 (Trademark and Copyright), Section 2.7 (Indemnification), Section 2.9 (Disclaimers; No Warranties); 2.10 (Limitation of Liability and Damages); Section 2.12 (Dispute Resolution by Binding Individual Arbitration), Section 2.22 (Governing Law), Section 2.23 (Survival), Sections 2.24 (Miscellaneous), and Section 4.1 (Ownership) will survive.
2.24 Miscellaneous.
Digital Millennium Copyright Act. It is Lifeguard's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, and other applicable copyright law. We may in our discretion remove any material alleged to be infringing and may notify the alleged infringer. For more information, please go to our DMCA Notification Guidelines.
Notice to California Residents only. You may reach Lifeguard at the contact information provided below in the “CONTACT US” section. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Modification of this Agreement. Lifeguard may make changes to these Terms at any time and for any reason. You agree that it is your responsibility to regularly check the Services for any updated Terms. The “Last Updated” legend above indicates when these Terms were last changed. If a revision materially alters your rights, as determined by Lifeguard in its sole discretion, we will use reasonable efforts to notify you in advance of the change becoming effective. The most current version of these Terms will be posted on the Services. Changes will be effective no sooner than the last updated date. By continuing to use the Services after the date the changes become effective, you indicate your agreement to be bound by the updated Terms. If you do not agree to any changes made to these Terms, you must immediately stop using the Services.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Lifeguard without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
Severability. If any provision of these Terms is held to be unlawful, void, or for any reason is unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
No Waiver. The failure of Lifeguard to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by a properly authorized representative of Lifeguard. Any cause of action arising out of or related to the Service by you against Lifeguard must commence within one (1) year after the cause of action accrues.
Third-Party Beneficiaries. Except as expressly provided herein, there will be no third-party beneficiaries to these Terms.
No Relationship. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Lifeguard.
Law Enforcement and Public Interest. Nothing contained in these Terms of Use prevent Lifeguard from disclosing your information to third parties if we determine that such disclosure is reasonably necessary to: (a) comply with any applicable law, regulation, legal process, or appropriate government request; (b) protect any person from death or serious bodily injury; (c) prevent fraud or abuse of Lifeguard or our users; or (d) protect Lifeguard's rights, property, safety, or interest.
Interpretation. These Terms were prepared and written in English. Any non-English translations of these Terms which may be made available are provided for convenience only and are not valid or legally binding. Use of section headings in these Terms is for convenience only and will not have any impact on the interpretation of particular provisions. The use of the words "includes," "including," "such as," "for example," and similar terms are deemed not to limit what else might be included.
(For individuals residing in Quebec only) You acknowledge that a French version of these Terms was remitted to you, and confirm that it is your express wish that these Terms and all related documents and communications be drawn up in English only.
(Pour les individus résidant au Québec seulement) Vous reconnaissez qu'une version française des présentes conditions vous a été remise, et vous confirmez que vous souhaitez expressément que les présentes conditions ainsi que tous les documents et communications connexes soient rédigés en anglais exclusivement.
Entire Agreement. These Terms (including any documents incorporated here by reference) constitute the entire agreement between you and Lifeguard concerning its subject matter, and it supersedes any other prior or contemporaneous agreements or terms, written or oral.
Part 3. Service-Specific Terms
Your use of the Services is subject to both the General Legal Terms (see Part 2 above) and these Service Specific Terms. These Service Specific Terms apply to you only if you have purchased or use one or more of the particular Services discussed below. Please note that not all of the Services are available in all countries. If there is a conflict or inconsistency between the General Legal Terms and these Service Specific Terms, the Service Specific Terms will govern and apply. Use of the term “Services” in the remainder of these Service Specific Terms refers to the specific products or services being discussed, as well as any related software offered by Lifeguard.
Your Subscription may include some or all of these Services. It is your responsibility to review these Service Specific Terms and understand which terms and conditions apply to your Subscription. If you have any questions about the applicability of these Service Specific Terms, please feel free to contact us. See Section 2.21 above for Lifeguard's contact information.
Any warranty disclaimers or limitations of liability included in these Service Specific Terms do not limit the applicability or force of any more general warranty disclaimers or liability limitations found elsewhere in these Terms, including, without limitation, Sections 2.9 and 2.10 of the General Legal Terms.
3.1 Dark Web Monitoring. With our Dark Web Monitoring feature (“Dark Web Monitoring Feature”) as part of the Services, you can designate your financial accounts, mailing address, and other types of personal information, up to the limits set forth in the Services. This Dark Web Monitoring Feature monitors for the information that you designate through your account ( and nothing else) (“Dark Web Monitoring Designated Information”) and notifies you when your Dark Web Monitoring Designated Information is found online. You acknowledge and agree we cannot remove your Dark Web Monitoring Designated Information from the dark web and that we do not ensure the accuracy or integrity of the information on the dark web. You also acknowledge and agree that the Dark Web Monitoring Feature will not identify all instances of your Dark Web Monitoring Designated Information on the dark web and any alleged failure to identify Dark Web Monitoring Designated Information on the dark web will not constitute a breach or default by us of our obligations.
By entering the Dark Web Monitoring Designated Information, you confirm that you own this information and have the right to provide it to us and agree not to use the feature for any purpose other than identity theft protection
3.2 Safe Browsing. Our Safe Browsing Services provide information to guide users about certain risks that may be associated with a website. We do not control or assume responsibility for the content of the third-party sites, and some of the third-party sites may have content that you find objectionable, inappropriate, or offensive. THE SITE RATINGS PROVIDED THROUGH THE SERVICES ARE NOT A GUARANTEE OF ANY PARTICULAR SITE’S SPECIFIC PRACTICES OR TRUSTWORTHINESS, AND IN NO CASE DO THE RATINGS REPRESENT AN ENDORSEMENT BY US OF THE SITE’S CONTENT, SUBJECT MATTER, OVERALL QUALITY, OR USEFULNESS.
3.3 Mobile Messaging Alerts. Our Mobile Alert Services allow you to receive informational alerts related to the categories you select. By providing your mobile telephone number to Lifeguard when presented with or informed of these Terms, you consent to receive non-marketing mobile messages to the fullest extent permitted under applicable law, regardless of the technology utilized. These messages are provided when activity on one of your accounts is detected and triggers a requested alert, as well as to provide information on billing matters. The type and frequency of alerts you receive through SMS may differ from the alerts you receive within the App, and mobile alerts may be delayed, incomplete, or not received due to technical errors from our systems, the mobile provider, a third-party company, or your mobile service or device. We expressly disclaim any and all liability related to failure to, accurately, fully, or timely deliver any mobile alerts. You can cancel the Mobile Alert Services at any time. Just text "STOP" to our short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. The Services may recognize or respond to additional commands and keyword queries. Thus, you may receive additional informational text messages based on your interaction with the Services, even after opting out of receiving the mobile alerts. You acknowledge and agree that, notwithstanding any prior opt-out attempt, you consent to receive further messages from or on behalf of Lifeguard that result from your continued communication with the Services. Lifeguard may also provide you instructions on how to rejoin receiving the Services’ recurring mobile alerts when you unsubscribe. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly from support@trylifeguard.com. Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency will vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. If you have any questions regarding privacy, please read our privacy policy.
3.4 Call Protection and SMS Spam Blocker. If your Lifeguard subscription includes Lifeguard's Call Protection and SMS Spam Blocker, the feature will enable you, among other things, to automatically block nuisance calls (robocalls, telemarketers, etc.), to forward all unknown calls to an AI assistant (“Call Assistant”) to blacklist and whitelist specific numbers and, if enabled, to block SMS spam messages. Lifeguard also offers automated call screening assistance. When an unrecognized number calls that is not (i) a contact, (ii) on your whitelist, or (iii) not clearly identified as spam, the automated call screening assistance feature will prompt the caller to state a name and purpose for the call, all of which is transcribed and made available for your review. Certain features may not be available in earlier versions of the application or on Android devices.
Functionality: We use a telephone carrier network (“PSTN”) to deliver calls to your Device. The technology and how calls are received on your Device are determined by your telephone carrier and the version of the operating system your Device is running when the App is set up. Please note that you are solely responsible for any charges imposed by your mobile service provider for (i) using the call forwarding feature, (ii) local or long distance usage, and (iii) text message and data usage.
Call Blocking/Forwarding: Activating the call blocking/forwarding feature means that certain incoming calls (e.g. declined calls, silenced calls or unanswered calls) are forwarded to Lifeguard in order to identify and block nuisance and unwanted calls accordingly (or send them back to your Device as a safe call - all before your phone rings). Calls from your Device’s contacts go directly to your Device.
Number Monitoring: You agree to check the numbers and messages from blocked calls on your Device regularly to ensure that you whitelist any legitimate phone number so that it will not be blocked in the future. The Service also provides you the ability to create and modify a personal whitelist ("Allow List") and blacklist ("Block List"). You can use the whitelist feature to ensure that a specific number is never blocked. You can add or remove users from your personal Allow List and Block List at any time. Please note that if you have requested a call from, or have an existing relationship with a debt relief company, collections company or if you provided your number to authorize a sales call to any company and you desire to continue receiving those calls, we advise you to add the number to your contacts or Allow List and to monitor your Lifeguard messages for calls you may wish to return.
Access to Contacts: In order to provide the Services, Lifeguard must access the numbers in your Device’s address book.
Call Assistant. Lifeguard provides you the option to use its Call Assistant to respond to all unknown calls. If you choose to use Call Assistant, unknown callers (i.e. those not in your phone contact list) will hear a very polite but concise default recording. When the unknown caller engages with Lifeguard's Call Assistant, the conversation is recorded and transcribed. You may also choose to have the Call Assistant listen to and monitor your conversations with unknown callers (“Active Call Assistant Monitoring Feature”). If you activate the Active Call Assistant Monitoring Feature, the Call Assistant will alert you of potential scams if the Call Assistant determines the unknown caller’s conversation with you is suspicious. Please note that if you activate the Active Call Assistant Monitoring Feature your conversation with any unknown caller will be recorded and transcribed.
The Call Assistant will categorize the call as Verified, Spam, or Unverified. “Verified” means the Call Assistant determines the unknown caller is not making an unsolicited commercial call (i.e. a doctor’s appointment reminder). “Spam” means the Call Assistant determines the unknown caller is making an unsolicited commercial call or a known scam offer (e.g. a call from a suspected scammer to extend your car’s warranty). “Unverified” means the unknown caller’s response is too vague for the Call Assistant to categorize the call as Verified or Spam.
By default, if the Call Assistant categorizes the call as Verified, it will transfer the call to you. If the Call Assistant categorizes the call as Spam or Unverified, it will request the caller leave a voicemail, which will be recorded and saved within the App (“Call Assistant Recording''). You choose to change these default settings to have the Call Assistant also transfer Spam and/or Unverified calls to you. BY USING LIFEGUARD'S CALL ASSISTANT FEATURE, YOU EXPRESSLY AUTHORIZE US TO RECORD AND TRANSCRIBE CALL ASSISTANT CONVERSATIONS ON YOUR BEHALF.
If made available by Lifeguard, you may choose to have the Call Assistant listen to and monitor your conversations with unknown callers (“Active Call Assistant Monitoring Feature”). If you choose to activate the Active Call Assistant Monitoring Feature, the Call Assistant will alert you of potential scams if the Call Assistant determines the unknown caller’s conversation with you is suspicious. Please note that if you activate the Active Call Assistant Monitoring Feature your conversation with any unknown caller will be recorded and transcribed.
Legal Compliance: Depending on the state or country in which you are located, the Call Assistant recordings may require you or Lifeguard to acquire the consent of the other parties on the call prior to recording the telephone conversation. YOU ACKNOWLEDGE AND AGREE THAT AS THE INDIVIDUAL DIRECTING THE RECORDING, YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE LAW IN THE STATE OR COUNTRY IN WHICH YOU ARE RECEIVING CALLS PRIOR TO USING THE CALL ASSISTANT FEATURE IN THAT STATE OR COUNTRY. You agree not to enable the Call Assistant feature unless you have first determined that your use is legal.
Voicemail and Call Screening Transcriptions: Lifeguard may transcribe voicemail messages and call screening recordings that will be made available for your use. Should you decide to deploy the transcription features, you acknowledge and expressly agree that Lifeguard may transcribe or have transcribed by a third party and store or have stored by a third party, voicemail messages and call screening recording, and to make such transcriptions available to you.
Call Data Retention: We make no guarantees that we will retain certain call data such as calls, call recordings, voicemail, call screens, Call Assistants and transcriptions for greater than six (6) months, after which we may delete such call data. If you would like to retain this information, you can go to the App’s call details and share the information to your email or cloud storage account. You acknowledge that you bear sole responsibility for the back-up of this information.
SMS Spam Protection: Lifeguard provides you with the option to enable a SMS spam protection feature which will filter SMS and MMS messages from individuals not in your Device’s contacts. When you enable the SMS spam blocking feature and grant us permission, we will filter SMS text messages from individuals that are not in your Device’s contacts and attempt to block any spam messages.
Call Forwarding Deactivation: Please follow the following deactivation steps if you enabled the call blocking/forwarding feature during the setup process. In addition to unsubscribing, you must deactivate your account within the App. If you still have the App on your Device, please open the Lifeguard App > tap the settings tab located in the bottom right > tap help & feedback under support > tap disable Lifeguard > follow the on-screen instructions. If you deleted the App before deactivating the call blocking/forwarding feature, please open the settings icon on your Device > tap phone > tap call forwarding > turn off call blocking/forwarding. If you fail to deactivate the call blocking/forwarding feature, you will not receive your voicemail messages and may experience other problems with your telephone carrier.
3.5 Email Protection. If your Lifeguard subscription includes Lifeguard's Email Protection, you will be able to connect your third-party email accounts to Lifeguard. Once connected, Lifeguard will access, monitor, review, and store each email you receive to assess and notify you whether the email may be a scam or not. You acknowledge that use of the Email Protection feature does not guarantee that all scam e-mails will be identified 100% of the time. You assume full risk and responsibility for the use of or reliance on the Email Protection results as it relates to identifying scams. “False positives” and may occur from time to time or at any time.
Part 4. Limited License
We are pleased to grant you, an individual user, a personal, non-transferable, nonexclusive term-limited and revocable license to install and use the Software and access the Services for which you have purchased a Subscription for personal use on the number of Devices (defined below) and for the number of users specified in your License Entitlement or Service Entitlement, as applicable, subject to the System Requirements.
"License Entitlement" means the number and type of Devices and users that are permitted to download and use the Software and access the Services, as specified at time of purchase and in your account profile. If no licensed device count or user count was specified, the License Entitlement is for a single Device and user.
"Service Entitlement" means the scope and duration of the Services you purchased, as specified at time of purchase and in your account profile. If no scope or duration is specified in the documents, the Service Entitlement is for a single Device and user for one year.
"System Requirements" means the supported Devices and operating systems that the particular Lifeguard product or service you purchased will function properly with, as listed on our website or other applicable documentation. It is your responsibility to meet System Requirements, such as obtaining updates or upgrades to continue using the Services.
4.1 Ownership; Proprietary Rights. The Services, including the Software (and any releases, revisions, updates, or enhancements), and all of their content, features, and functionality, including, without limitation, information, text, graphics, logos, button icons, images, visual interfaces, audio clips, video clips, data compilations, computer code (including source code or object code), software, products, services, and the design, selection and arrangement thereof, and any accompanying documentation (collectively, the “Materials”) are the exclusive property of Lifeguard, its licensors, or other content suppliers and are protected by the United States and Canadian copyright, trade dress, patent, and trademark laws, international conventions, and other relevant intellectual property and proprietary rights laws. Except as expressly authorized by Lifeguard, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of any of the Services or Materials. Lifeguard reserves all rights not expressly granted in these Terms.
4.2 Limited License. Subject to these Terms, Lifeguard grants you a limited, revocable, nonexclusive, personal, nontransferable license to install and use the Software and to access the Services for internal, noncommercial, and personal purposes only and subject to your Service Entitlement and License Entitlement. The Software is “in use” on a Device for purposes of this paragraph when it is loaded into the temporary memory (e.g., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or another storage device) of the Device.
4.3 License Restrictions. You may not (and may not allow a third-party to):
reverse engineer, decompile, disassemble or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the Services by any means whatsoever, except to the extent that such restriction is expressly prohibited by applicable law;
remove or destroy any copyright notices or other proprietary markings from the Services;
attempt to circumvent any use restrictions applicable to the Services;
modify or adapt any aspect of the Services, merge any aspect of the Services into another program, or create derivative works based on the Services;
use, copy, or distribute the Software without Lifeguard's written authorization, except that you may make one (1) copy of the Software for archival or backup purposes only.
use the Services to provide, alone or in combination with any other software, product or service, any software/product/service to any person or entity, whether on a fee basis or otherwise or on websites where you have agreed "not to use any ad blocking solutions", for instance by agreeing to the terms of services on the respective websites or to circumvent technological measures that control access to websites;
repackage, modify, adapt, tamper with, alter, translate, or create derivative works of the Services or any aspect thereof;
combine or merge any part of the Services with or into any other software or documentation, or refer to or otherwise use the Services as part of an effort to develop software (including, without limitation, any routine, script, code, or program) having any functional attributes, visual expressions, or other features similar to those of the Services or to compete with Lifeguard;
except with Lifeguard's prior written permission, publish any performance or benchmark tests or analysis relating to the Services;
rent, lease, sublicense, sell, assign, loan, use for timesharing or service bureau purposes, or otherwise transfer the Services or any of your rights and obligations under this Agreement; or
assault, interfere, deny service in any way or form to any other network, computer or node through the Service, or attempt to gain unauthorized access to any Services, or the accounts of other users, or computer systems or networks connected to the Services or bypass any measures we may use to prevent or restrict access to the Services, or interfere with or disrupt servers or networks connected to any Services.
4.4 Open Source. The Open-Source code components that are included with the Software are redistributed by Lifeguard under the terms of the applicable Open-Source Code license for such components. If there is an inconsistency between the Open-Source Code license, and these Terms, the Open-Source Code license controls. Your receipt of Open-Source code components from Lifeguard under these Terms neither enlarges nor curtails your rights or obligations defined by the Open-Source Code license applicable to the Open-Source Code components. Copies of the Open-Source Code licenses for the Open-Source Code components that are included with the Software are included with or referenced in the Software’s Documentation.
4.5 Availability. You may use the Software solely to access the Services. A computer or other equipment enabled to access the Internet (a “Device”) is required to utilize the Services. You are solely responsible for ensuring that your Device is sufficient and compatible for use with the Service and complies with all System Requirements. The speed and quality of the Services may vary and the Services are subject to unavailability, including emergencies, third-party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair, and may be interrupted, refused, limited or curtailed.
4.6 Termination. Upon expiration or any termination of these Terms, you must stop using the Services and destroy all copies of the Software and any associated documentation in your possession.
Part 5. Additional Terms for Residents of Canada
This section sets out additional information for residents of Canada.
5.1 Subscription Terms, Payment, Renewals, and Cancellation. The term of your subscription (whether it is yearly or monthly) and your payment terms (both the amounts you pay, and when you pay them) will be set out before you purchase your subscription. For monthly subscriptions, your subscription continues until cancelled in accordance with Section 1.2 above.
5.1.1 Renewals for individuals residing outside of the province of Quebec:
Yearly subscriptions: We will send you notice as required by law to inform you that your subscription will be automatically renewed, unless you cancel it. If you do not cancel, your subscription will be automatically renewed in accordance with Section 1.2 above. 5.1.2
5.1.2 Renewals for individuals residing in the province of Quebec:
Yearly subscriptions:
Yearly Subscriptions automatically renew on a month-to-month basis at the end of your yearly Subscription. We will send you notice as required by law to inform you that your subscription automatically renews on a month-to-month basis at the end of the first year, unless you cancel it. If you do not cancel, your Subscription will be automatically renewed on a month-to-month basis at the price shown in your account dashboard or otherwise communicated to you by us (“Renewal Price”) unless (a) you or we have canceled your Subscription at least one (1) day prior to the commencement of your next Billing Cycle or in accordance with Section 1.4 above, or (b) an event under Section 1.6 occurs in which case we will give you prior notice according to that Section. We will email you in advance to let you know your Subscription is due for renewal and provide the renewal price in your account dashboard. You may cancel your Subscription by contacting us via the phone number in your account dashboard, which at the time of publishing is support@trylifeguard.com, or by logging into your account. Once we or you have canceled your Subscription, your recurring subscription fees for the Services will no longer be charged to the payment method we have on file for your account, and your Subscription will remain active only until the end of the current Billing Cycle.
5.2 Amendments. We may amend, modify, or update all or any portions of the Terms or the Services at any time and from time to time, in our sole discretion, and including without limitation our prices, payment terms, warranties and cancellation policies, subscription terms, term structure and the nature, content, and features of our Services. If we do so, we’ll let you know either by posting the updated Terms on our website or through other communications. Where required by law or at our discretion, we will send a message to the email address (or other contact information at our discretion) associated with your account, setting out the new clause, or the amended clause and the clause as it read formerly, and the date of the coming into force of the amendment, at least thirty (30) days in advance of the change. Where required by law, or at our discretion, if you do not agree with any modification, then you may terminate the Services, without cost, penalty or cancellation indemnity. You may do so in accordance with the notice, and for individuals residing in Quebec, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force.