Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the iotguardian Platform (“Platform”), operated by iotguardian (“we,” “our,” or “us”). By creating an account or using the Platform, you agree to be bound by these Terms. If you are entering into these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization.

1. Definitions

• “Service” refers to the iotguardian Platform, including all web applications, APIs, documentation, and related services.
• “User” refers to any individual or entity that accesses or uses the Service.
• “User Data” refers to all data, content, and information submitted by you to the Platform, including device records, compliance documents, and configuration data.
• “Subscription” refers to your selected plan tier (Free, Pro, or Enterprise) and associated usage limits.

2. Account Registration and Security

• You must provide accurate and complete information during registration and keep your account details current.
• You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
• You must notify us immediately at security@iotguardian.com if you suspect unauthorized access to your account.
• We reserve the right to suspend or terminate accounts that violate these Terms or exhibit suspicious activity.

3. Service Description and Availability

The Platform provides IoT device compliance management, including device registration, compliance scoring, certification tracking, audit management, monitoring, and reporting. Features and usage limits vary by Subscription tier.

We strive to maintain 99.9% uptime but do not guarantee uninterrupted availability. Scheduled maintenance will be communicated in advance. We are not liable for downtime caused by factors beyond our reasonable control, including third-party service outages, natural disasters, or network disruptions.

4. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations.
• Upload malicious code, viruses, or any content designed to disrupt, damage, or gain unauthorized access to the Service or third-party systems.
• Attempt to reverse engineer, decompile, or disassemble any part of the Service.
• Resell, sublicense, or provide access to the Service to third parties without our written consent.
• Submit false, misleading, or fraudulent data to the Platform.
• Exceed the usage limits of your Subscription tier through automated means or circumvent rate limits.

5. User Data and Ownership

You retain all ownership rights to your User Data. By submitting User Data to the Platform, you grant us a limited, non-exclusive license to process, store, and display your data solely for the purpose of providing the Service.

You are responsible for the accuracy, legality, and appropriateness of all User Data. You represent that you have all necessary rights and permissions to submit such data to the Platform.

Upon termination of your account, you may request an export of your User Data within 30 days. After this period, we will delete your data in accordance with our Privacy Policy.

6. Intellectual Property

The Platform, including its software, user interface, design, documentation, logos, and trademarks, is the exclusive intellectual property of iotguardian and is protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as described herein.

7. Subscription, Billing, and Cancellation

• Free Tier: Available at no cost with limited features and a maximum of 10 devices. No credit card required.
• Paid Tiers: Billed monthly or annually as selected. Prices are listed on our Pricing page and may be updated with 30 days’ advance notice.
• Renewals: Subscriptions renew automatically at the end of each billing cycle unless cancelled before the renewal date.
• Cancellation: You may cancel at any time from your account settings. Cancellation takes effect at the end of the current billing period. No partial refunds are provided for unused time within a billing cycle.
• Downgrades: If you downgrade to a lower tier, the change takes effect at the next billing cycle. You are responsible for ensuring your usage is within the new tier’s limits.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

The Platform provides compliance management tools and reporting but does not constitute legal, regulatory, or professional compliance advice. You are solely responsible for ensuring your organization’s compliance with applicable laws and regulations.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL IOTGUARDIAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

10. Indemnification

You agree to indemnify, defend, and hold harmless iotguardian and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) your User Data.

11. Termination

We may suspend or terminate your access to the Service immediately, without prior notice or liability, if you breach these Terms or engage in conduct that we reasonably determine is harmful to the Service, other users, or third parties. Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination (including Intellectual Property, Limitation of Liability, Indemnification, and Governing Law) will remain in effect.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or a prominent notice on the Platform at least 30 days before they take effect. Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree with the updated Terms, you must discontinue use of the Service.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising from or relating to these Terms or the Service shall first be addressed through good-faith negotiation. If a resolution cannot be reached within 30 days, the dispute shall be resolved through binding arbitration administered in accordance with the rules of the American Arbitration Association (AAA), with the arbitration taking place in Wilmington, Delaware.

14. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and iotguardian regarding your use of the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations without restriction.
• Force Majeure: We shall not be liable for any failure to perform due to circumstances beyond our reasonable control, including natural disasters, wars, pandemics, government actions, or telecommunications failures.

15. Contact Us

If you have questions or concerns about these Terms, please contact us: