Terms of Service
Last updated: September 12, 2024
1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and JoinGuard, Inc. ("JoinGuard," "we," "us," or "our") governing your access to and use of our network security services, software, and related documentation.
By creating an account, accessing our services, or using any part of our platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our services.
These Terms apply to all users of our services, including without limitation users who are browsers, customers, merchants, contributors of content, information, and other materials or services.
2. Service Description
JoinGuard provides comprehensive AI-powered network security monitoring and protection services designed to help organizations identify, analyze, and respond to network security threats. Our services include:
Core Services
- Real-time monitoring and detection of devices attempting to join your network
- AI-powered classification and risk assessment of network devices and connections
- Automated security responses, alerts, and incident management
- Comprehensive security reporting and analytics in plain language
- Integration with compatible routers, firewalls, and network equipment
- 24/7 network monitoring and threat intelligence services
Additional Features
- Guest network management and onboarding workflows
- Custom security playbooks and automated response configurations
- API access for integration with existing security infrastructure
- Mobile and web-based management interfaces
- Hardware sensors for legacy network equipment (sold separately)
3. User Accounts and Registration
Access to JoinGuard services requires creation of a user account. By creating an account, you agree to:
Account Requirements
- Provide accurate, current, and complete registration information
- Maintain and promptly update your account information as necessary
- Maintain the confidentiality and security of your account credentials
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized access or security breaches
- Use the services only for lawful purposes and in accordance with these Terms
Account Eligibility
- You must be at least 18 years old or the age of majority in your jurisdiction
- You must have the legal authority to enter into this agreement
- If registering on behalf of an organization, you must have authority to bind that entity
- You must not be prohibited from using our services under applicable laws
4. Acceptable Use Policy
You agree to use our services responsibly and in compliance with all applicable laws. Prohibited activities include:
Prohibited Activities
- Violating any applicable local, state, national, or international laws or regulations
- Infringing upon intellectual property rights of JoinGuard or third parties
- Transmitting viruses, malware, or other malicious code
- Attempting to gain unauthorized access to our systems, networks, or data
- Interfering with or disrupting the integrity or performance of our services
- Using our services for illegal surveillance or privacy violations
- Reverse engineering, decompiling, or disassembling our software
- Reselling or redistributing our services without written authorization
Network Monitoring Ethics
- You may only monitor networks that you own or have explicit authorization to monitor
- You must comply with all applicable privacy laws and employee notification requirements
- You must not use our services to monitor networks without proper legal authority
- You are responsible for ensuring compliance with local surveillance and privacy laws
5. Subscription and Billing
JoinGuard offers multiple service tiers to meet different security needs and budgets:
Free Tier
- Basic network monitoring for up to 20 devices
- Limited to essential security features and weekly reporting
- Community support through online resources and forums
- Subject to fair use policies and may include service limitations
Paid Subscriptions
- Subscriptions are billed monthly or annually in advance via credit card or ACH
- Annual subscriptions receive a discount compared to monthly billing
- All fees are non-refundable except as required by law or our refund policy
- Automatic renewal unless cancelled at least 24 hours before renewal date
- Price changes require 30 days' advance notice to existing subscribers
- Failed payments may result in service suspension after grace period
Hardware Products
- Legacy sensors and hardware products are sold separately from software subscriptions
- Hardware includes a 5-year limited warranty covering manufacturing defects
- Shipping and handling charges apply based on destination and delivery speed
- Returns accepted within 30 days of delivery in original condition
- Defective hardware will be replaced at no charge during warranty period
6. Intellectual Property Rights
JoinGuard and its licensors retain all rights, title, and interest in and to the services, including all intellectual property rights:
Our Rights
- All software, algorithms, and AI models are proprietary to JoinGuard
- Trademarks, service marks, and logos are owned by JoinGuard
- Documentation, reports, and user interfaces are protected by copyright
- Trade secrets and know-how remain confidential and proprietary
Your Rights
- Limited, non-exclusive license to use our services during your subscription
- Right to access and export your data in standard formats
- Permission to use our APIs and integrations as documented
- License terminates upon cancellation or termination of services
7. Service Availability and Support
We strive to provide reliable, high-quality services while maintaining realistic expectations about technology limitations:
Service Level Commitments
- We target 99.9% uptime but do not guarantee uninterrupted service
- Scheduled maintenance will be announced at least 24 hours in advance when possible
- Emergency maintenance may be performed without advance notice
- Service credits may be available for extended outages per our SLA
Customer Support
- Email support available 24/7 with response within 24 hours
- Phone support available during business hours (9 AM - 6 PM EST, Monday-Friday)
- Premium subscribers receive priority support with faster response times
- Enterprise customers receive dedicated support representatives
- Self-service resources including documentation, tutorials, and community forums
8. Privacy and Data Protection
Your privacy and data security are fundamental to our service. Our data practices are governed by our comprehensive Privacy Policy, which is incorporated into these Terms by reference.
Key Privacy Commitments
- We process your data only as necessary to provide our services
- Your network data remains under your control and is not shared with third parties
- We implement industry-leading security measures to protect your information
- You retain ownership of your data and can export or delete it at any time
- We comply with applicable privacy laws including GDPR, CCPA, and others
9. Disclaimers and Warranties
While we strive to provide excellent service, we must disclaim certain warranties as permitted by law:
Service Disclaimers
- Services are provided "as is" and "as available" without warranties of any kind
- We do not guarantee that our services will be error-free or uninterrupted
- We cannot guarantee detection of all security threats or prevention of all breaches
- Third-party integrations and services are subject to their own terms and limitations
Limited Warranties
- We warrant that we will provide services with reasonable skill and care
- Hardware products include limited warranties as specified in product documentation
- We will use commercially reasonable efforts to maintain service availability
10. Limitation of Liability
To the maximum extent permitted by applicable law, JoinGuard's liability is limited as follows:
Liability Limitations
- Our total liability shall not exceed the amount paid by you in the 12 months preceding the claim
- We shall not be liable for indirect, incidental, special, consequential, or punitive damages
- We are not liable for loss of profits, data, business interruption, or other commercial losses
- These limitations apply regardless of the theory of liability (contract, tort, negligence, etc.)
Exceptions
- Limitations do not apply to gross negligence or willful misconduct
- Some jurisdictions do not allow limitation of certain damages
- Nothing in these Terms limits liability for death or personal injury
11. Indemnification
You agree to defend, indemnify, and hold harmless JoinGuard, its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from:
- Your use of our services in violation of these Terms
- Your violation of any third-party rights, including intellectual property or privacy rights
- Your violation of applicable laws or regulations
- Any content or data you submit through our services
- Your negligent or wrongful conduct
12. Termination
Either party may terminate this agreement under certain circumstances:
Termination by You
- You may cancel your subscription at any time through your account settings
- Cancellation takes effect at the end of your current billing period
- You remain responsible for all charges incurred before cancellation
- You may export your data before termination takes effect
Termination by Us
- We may suspend or terminate accounts for violation of these Terms
- We may terminate with 30 days' notice for business reasons
- Immediate termination may occur for serious violations or legal requirements
- We will provide reasonable opportunity to export data before termination
Effect of Termination
- All rights and licenses granted to you will immediately cease
- You must cease all use of our services and delete any downloaded software
- We may delete your data after a reasonable retention period
- Provisions that should survive termination will remain in effect
13. Dispute Resolution
We prefer to resolve disputes amicably, but formal procedures are available when necessary:
Informal Resolution
- Before formal proceedings, parties must attempt good faith negotiation for 60 days
- Disputes should first be addressed to our legal team at [email protected]
- We will work in good faith to resolve issues through direct communication
Binding Arbitration
- Unresolved disputes will be settled through binding arbitration
- Arbitration will be conducted under the rules of the American Arbitration Association
- Arbitration will take place in Jacksonville, Florida, or via video conference
- Each party bears their own costs unless otherwise awarded by the arbitrator
14. Changes to Terms
We may modify these Terms from time to time to reflect changes in our services, legal requirements, or business practices:
- Material changes will be communicated via email at least 30 days in advance
- Minor changes may be posted on our website with updated effective date
- Continued use of services after changes constitutes acceptance of new Terms
- If you disagree with changes, you may terminate your account before they take effect
- We will maintain previous versions of Terms for reference
15. Governing Law and Jurisdiction
These Terms and any disputes arising from them are governed by:
- The laws of the State of Florida, United States, without regard to conflict of law principles
- Federal laws of the United States where applicable
- Exclusive jurisdiction of state and federal courts in Jacksonville, Florida
- You consent to personal jurisdiction in these courts for any legal proceedings
16. Miscellaneous Provisions
Entire Agreement
These Terms, together with our Privacy Policy and any additional terms for specific services, constitute the entire agreement between you and JoinGuard.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
Assignment
You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
17. Contact Information
For questions about these Terms of Service or legal matters, please contact us:
Email: [email protected]
Phone: +1 (929) 638-2519
Address: 5157 Shirley Ave, Jacksonville, FL 32210, USA
Legal Department: Available Monday-Friday, 9 AM - 5 PM EST
We are committed to addressing legal inquiries promptly and will respond within 5 business days.