Terms & Conditions

This Terms and Conditions page establishes the legally binding rules, user responsibilities, data privacy practices, and liability limitations governing your use of the TextGuard emergency preparedness and school safety service.

August 2025

1. Introduction and Acceptance of Terms

Welcome to TextGuard (the “Service”), a comprehensive technology platform designed specifically for emergency preparedness, school safety, communication, and crisis management. The following Terms and Conditions (“Terms”) govern your access to and use of the Service, including but not limited to mobile applications, websites, software, communications, alerts, notifications, data, and all related services provided by TextGuard or its affiliates.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. By accessing, browsing, registering with, or otherwise using TextGuard in any capacity, you affirmatively agree to comply with and be bound by all Terms herein. If you do not agree with any portion of these Terms, you must immediately cease all use and access of the Service.

These Terms constitute a legally enforceable agreement between you (“User,” “you,” or “your”) and TextGuard, including its parent company, subsidiaries, affiliates, employees, agents, representatives, successors, and assigns (collectively, “TextGuard,” “we,” “us,” or “our”).

1.1 Eligibility. By using the Service, you represent and warrant that you:

  • Are at least thirteen (13) years of age or older, or meet the minimum age required by your jurisdiction to form a legally binding contract;
  • Have the full legal capacity and authority to enter into and comply with these Terms;
  • If using the Service on behalf of any entity (such as a school, organization, or business), have the authority to bind that entity to these Terms.

1.2 Account Registration and Security. Some features of the Service require registration and creation of a user account. You agree to provide truthful, accurate, current, and complete information during registration and to promptly update it as necessary.

You are solely responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You agree to notify TextGuard immediately of any unauthorized use or security breach.

1.3 Acceptance of Changes. TextGuard reserves the exclusive right to modify, update, amend, or replace these Terms at any time, with or without prior notice. Material changes will be posted on the Service and/or communicated via email or other reasonable means.

Your continued use of the Service after changes become effective constitutes your acceptance of the new Terms. If you do not agree with the updated Terms, you must immediately stop using the Service and may request account deletion.

1.4 Severability and Waiver. If any provision of these Terms is determined to be unlawful, void, or unenforceable by a court of competent jurisdiction, such provision shall be severed from these Terms and the remainder will remain valid and enforceable.

Failure by TextGuard to enforce any provision or exercise any right under these Terms shall not constitute a waiver of such provision or right.

2. User Data and Privacy

2.1 Types of Data Collected

TextGuard collects various categories of data from Users to provide the Service, including but not limited to:

  • Personal Information: such as your full name, date of birth, phone number, email address, school or organizational affiliation, and any other information you voluntarily provide during registration or use;
  • Technical Information: including device identifiers, IP addresses, browser type, operating system, software version, and usage logs that help us monitor Service performance and troubleshoot issues;
  • Location Information: precise or approximate geolocation data collected with your explicit consent from your device to facilitate location-based emergency alerts and safety features;
  • User Content: any text, images, audio, video, or other materials you submit, upload, or generate through the Service;
  • Communications Data: including messages, alert confirmations, or feedback submitted to TextGuard;
  • Cookies and Tracking Technologies: to enhance user experience, analyze usage, and customize content;
  • Third-Party Data: we may receive data from authorized partners, affiliates, or service providers to augment our Service.

2.2 Purpose and Use of Data

We utilize collected data strictly for legitimate business and operational purposes, including but not limited to:

  • Creating and managing user accounts, verifying identity, and authenticating access;
  • Sending personalized alerts, emergency notifications, and relevant communications;
  • Improving, maintaining, and developing the Service, including user interface enhancements;
  • Conducting analytics and generating aggregated, anonymized reports to better understand Service usage;
  • Monitoring for, preventing, and investigating fraudulent, abusive, or unauthorized activities;
  • Complying with applicable laws, legal processes, or governmental requests;
  • Communicating important updates, changes, or policy notices to Users;
  • Providing customer support and responding to inquiries;
  • Enforcing Terms and protecting our legal rights and the rights of other Users.

2.3 Data Retention and Storage

Your data is stored securely on servers that comply with recognized security standards. We retain personal information only as long as necessary to fulfill the purposes outlined in these Terms or as legally required.

You acknowledge that backups, archiving, and data replication processes may result in temporary retention beyond active use periods.

2.4 Security Measures

We implement a comprehensive set of administrative, physical, and technical safeguards to protect your data, including but not limited to:

  • Encryption of data in transit and at rest;
  • Access control policies limiting data access to authorized personnel;
  • Regular security audits, penetration testing, and vulnerability assessments;
  • Multi-factor authentication protocols for sensitive operations;
  • Incident response and breach notification procedures;
  • Use of secure, reputable third-party cloud and hosting providers.

Notwithstanding these efforts, no electronic transmission or data storage system can be guaranteed 100% secure. You accept and assume the inherent risks associated with electronic communication and data storage.

2.5 Sharing, Disclosure, and Third Parties

TextGuard does not sell, lease, trade, or rent your personal information to third parties for marketing purposes.

We may share data with:

  • Third-party service providers and vendors under strict confidentiality and data protection agreements to facilitate the Service;
  • Emergency responders, law enforcement, or government agencies as required by applicable laws or to protect safety and legal rights;
  • Business partners or affiliates only with your explicit consent;
  • Other Users, in aggregated or anonymized forms that do not identify you personally;
  • In the event of a merger, acquisition, or sale of assets, user data may be transferred as part of the business transaction.

2.6 User Rights and Choices

You have the right to access, correct, delete, or restrict the use of your personal data, subject to applicable laws and operational constraints. Requests may be submitted via our contact channels.

You can manage cookie preferences and opt-out of certain data collection features through your device or browser settings, recognizing this may impact your Service experience.

2.7 Privacy Policy

The full details of our data collection and privacy practices are set forth in our Privacy Policy, available at [Privacy Policy URL]. By using TextGuard, you acknowledge you have read, understood, and consented to our Privacy Policy, which is incorporated by reference into these Terms.

3. SMS and Phone Number Use

3.1 Collection and Use of Phone Numbers

As a condition of using certain features of the Service, you must provide a valid and current phone number. This information is essential for the following:

  • Account verification and user authentication, including two-factor authentication;
  • Sending emergency alerts, safety warnings, and urgent notifications;
  • Facilitating communication between you and authorized TextGuard personnel;
  • Providing status updates related to your account and the Service;
  • Sending automated or manual SMS messages, including push notifications and voice calls when applicable.

3.2 Consent to Receive Communications

By providing your phone number, you explicitly consent to receive SMS, MMS, voice, and other messages from TextGuard and its authorized agents. These communications may include automated messages.

You understand that message frequency varies based on Service activity and emergency conditions and that message and data rates may apply according to your mobile carrier’s terms.

3.3 Opt-Out Rights and Impact

You may opt-out of non-essential or promotional SMS communications by following the opt-out instructions included in the messages or by contacting support.

However, opting out of critical emergency alerts, verification messages, or essential communications may limit your ability to use the Service or receive life-saving information.

3.4 Carrier Responsibilities and Limitations

You acknowledge that message delivery depends on your mobile carrier and device capabilities. TextGuard is not responsible for delays, failures, or errors in transmission caused by carriers, networks, or your device.

4. 911 and Emergency Services Disclaimer

CRUCIAL NOTICE: TextGuard is designed as an auxiliary tool to support emergency preparedness and communication within educational environments and other institutions. It is NOT a replacement or substitute for official emergency services.

You must always call 911 or your local emergency number directly in case of any life-threatening, urgent, or emergency situation.

TextGuard does not guarantee that emergency alerts, warnings, or communications generated through the Service will be delivered timely, accurately, or at all.

We expressly disclaim all responsibility and liability for any injury, loss, damage, or other consequences that result from reliance on the Service instead of direct contact with official emergency responders.

TextGuard makes no warranties that the Service will detect or prevent emergencies, that alerts will be received, or that emergency responders will arrive in a timely manner.

Users expressly acknowledge the limitations of technology and understand that the Service supplements but does not replace professional emergency response.

5. User Responsibilities and Conduct

5.1 Compliance with Laws

You agree to use the Service strictly in accordance with all applicable local, state, national, and international laws, regulations, and ordinances.

5.2 Prohibited Uses

You shall not use the Service to engage in any activity that is unlawful, harmful, fraudulent, deceptive, or otherwise violates these Terms. Prohibited conduct includes, but is not limited to:

  • Submitting false, inaccurate, misleading, defamatory, obscene, threatening, or harassing content;
  • Using the Service to facilitate or promote illegal activities;
  • Interfering with, disrupting, or attempting to gain unauthorized access to the Service, other User accounts, servers, or networks;
  • Deploying malware, viruses, or other harmful code through the Service;
  • Abusing emergency alert features by submitting false or non-emergency alerts;
  • Harvesting or collecting personal data of other Users without consent;
  • Impersonating any person or entity or misrepresenting your affiliation;
  • Circumventing any security measures or restrictions;
  • Reverse engineering, decompiling, or attempting to extract source code or proprietary data;
  • Engaging in conduct that could cause harm, injury, or distress to others.

5.3 User Account Responsibility

You are responsible for all activities conducted under your account, whether authorized or unauthorized. You agree to notify TextGuard immediately if you suspect unauthorized access or misuse.

5.4 Enforcement Actions

TextGuard reserves the right, but is not obligated, to monitor use of the Service, remove content, suspend or terminate accounts, and take legal action against violators.

Violations may result in civil and criminal penalties, including but not limited to monetary damages, injunctions, and prosecution to the fullest extent permitted by law.

6. Abuse of Service and Penalties

6.1 Definition of Abuse

“Abuse” includes but is not limited to:

  • Providing false or fraudulent information or emergency alerts;
  • Repeated or excessive use of emergency features without valid cause;
  • Harassment or threats directed at other Users, staff, or third parties;
  • Attempting to manipulate, disable, or sabotage the Service;
  • Using the Service for unauthorized commercial purposes;
  • Violating any applicable laws or regulations.

6.2 Investigation and Remedies

TextGuard may investigate suspected abuse using all lawful means, including forensic analysis, data review, and cooperation with authorities.

If abuse is confirmed, TextGuard may:

  • Immediately suspend or terminate your account and access;
  • Remove or block offending content;
  • Notify law enforcement and cooperate in prosecution;
  • Seek monetary damages, fines, and legal fees from you;
  • Pursue injunctive relief to prevent further abuse;
  • Take any other lawful action deemed necessary.

6.3 Service Misuse Fees and Fines

In addition to other remedies, TextGuard reserves the right to impose fees or fines on Users who abuse or misuse the Service, including administrative fees to cover investigation costs, damages, and legal expenses.

These fees will be communicated in writing and become immediately due. Failure to pay may result in further legal action, including referral to collections and court proceedings.

7. Intellectual Property Rights

7.1 Ownership

All intellectual property rights in the Service and its contents, including software code, user interfaces, graphics, logos, text, data compilations, and trademarks, belong exclusively to TextGuard or its licensors.

You acknowledge that no ownership rights or licenses are granted except as expressly provided.

7.2 License to Use Service

Subject to compliance with these Terms, TextGuard grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your personal, non-commercial use.

7.3 User Content License

By submitting content through the Service, you grant TextGuard a perpetual, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works, display, and perform the content in connection

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