This End User License Agreement ("EULA" or "Agreement") is a legal agreement between you ("User," "you," or "your") and Guardian Visibility LLC ("Guardian Visibility," "we," "our," or "us") governing your use of the Guardian Visibility platform, portal, API integrations, and related software and services (collectively, the "Software").

By accessing, installing, or using the Software, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree, do not access or use the Software.

1. License Grant

Subject to the terms of this Agreement, Guardian Visibility grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Software solely for your internal business operations related to cold chain monitoring, fleet tracking, and logistics management.

This license permits you to:

Access the Guardian Visibility web portal and carrier portal
Receive and view data from TIVE tracking devices installed on your equipment
Generate reports, view analytics, and access monitoring dashboards
Integrate with the Guardian Visibility API pursuant to applicable API documentation
Use related mobile applications when available

2. Restrictions

You may not:

Copy, modify, distribute, sell, lease, sublicense, or create derivative works based on the Software
Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software
Use the Software for any unlawful purpose or in violation of any applicable laws or regulations
Attempt to gain unauthorized access to any portion of the Software, other accounts, or systems connected to the Software
Remove, alter, or obscure any proprietary notices, labels, or marks on the Software
Use the Software to develop a competing product or service
Share login credentials with unauthorized individuals
Exceed API rate limits or use automated tools to scrape or extract data beyond normal operational use

3. Account Responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Guardian Visibility immediately of any unauthorized use of your account or any other breach of security. Guardian Visibility is not liable for any loss or damage arising from your failure to protect your account credentials.

4. Data and Privacy

Your use of the Software is subject to our Privacy Policy, which describes how we collect, use, and protect your information. By using the Software, you consent to the data practices described in the Privacy Policy.

Your Data: You retain ownership of the operational data generated by tracking devices installed on your equipment. Guardian Visibility processes this data to provide the Services and may use aggregated, anonymized data for analytics and service improvement.

Financial Data: Billing records, invoices, and payment information are processed through our secure systems and integrated accounting platforms. Financial data is handled in accordance with applicable data protection laws and our Privacy Policy.

5. Third-Party Integrations

The Software integrates with third-party services including but not limited to TIVE Inc. (device telemetry), Intuit QuickBooks (accounting and billing), Twilio (communications), and Oracle Cloud (data infrastructure). Your use of the Software may be subject to the terms and conditions of these third-party providers. Guardian Visibility is not responsible for the availability, accuracy, or practices of third-party services.

6. Intellectual Property

The Software, including all content, features, functionality, design elements, trademarks, and underlying technology, is owned by Guardian Visibility and is protected by United States and international intellectual property laws. This Agreement does not grant you any ownership interest in the Software. All rights not expressly granted herein are reserved by Guardian Visibility.

7. Service Availability

Guardian Visibility strives to maintain continuous availability of the Software but does not guarantee uninterrupted or error-free operation. We may perform scheduled maintenance, updates, or modifications to the Software. We will make reasonable efforts to provide advance notice of planned downtime when possible.

8. Fees and Billing

Use of the Software may be subject to fees as described in your service agreement, carrier agreement, or applicable rate schedule. Payment terms, billing cycles, and fee structures are governed by the separate service agreement between you and Guardian Visibility. Failure to pay applicable fees may result in suspension or termination of your access to the Software.

9. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GUARDIAN VISIBILITY DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

GUARDIAN VISIBILITY DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF DATA TRANSMITTED BY TRACKING DEVICES. ENVIRONMENTAL CONDITIONS, CELLULAR CONNECTIVITY, AND DEVICE HARDWARE MAY AFFECT DATA DELIVERY AND ACCURACY.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GUARDIAN VISIBILITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, REVENUE, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SOFTWARE, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY.

GUARDIAN VISIBILITY'S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO GUARDIAN VISIBILITY DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Guardian Visibility and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Software, your violation of this Agreement, or your violation of any rights of a third party.

12. Termination

This Agreement is effective until terminated. Guardian Visibility may terminate or suspend your access to the Software immediately, without prior notice or liability, for any reason, including if you breach any term of this Agreement. Upon termination, your right to use the Software will immediately cease. Sections 6, 9, 10, 11, and 14 shall survive termination.

You may terminate this Agreement at any time by discontinuing use of the Software and contacting us to close your account. Termination does not relieve you of any obligation to pay fees accrued prior to termination.

13. Modifications to This Agreement

Guardian Visibility reserves the right to modify this Agreement at any time. We will provide notice of material changes by updating the "Last Updated" date at the top of this page and, where appropriate, providing additional notice via email or through the Software. Your continued use of the Software following the posting of changes constitutes acceptance of those changes.

14. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Montana, without regard to its conflict of law provisions. Any dispute arising out of or relating to this Agreement shall be resolved in the state or federal courts located in Flathead County, Montana, and you consent to the personal jurisdiction and venue of such courts.

15. General Provisions

Entire Agreement: This Agreement, together with the Privacy Policy and any applicable service agreement, constitutes the entire agreement between you and Guardian Visibility regarding the Software.
Severability: If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.
Waiver: The failure of Guardian Visibility to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Assignment: You may not assign or transfer this Agreement without the prior written consent of Guardian Visibility. Guardian Visibility may assign this Agreement without restriction.

Contact Us

If you have questions about this End User License Agreement, please contact us:

Guardian Visibility LLC
415 Lone Star Trail
Kalispell, MT 59901
Phone: (406) 430-6100
Email: info@guardianviz.com