The terms of service, privacy policy, indemnity and consent set forth below (the "terms") govern your use of OnGuard client software, web services and the services of OnGuard (collectively, the "service") that is provided by sens-net canada ltd. ("sens-net") under the service name OnGuard ("OnGuard, OnGuard service) and its corporate affiliates. These terms and conditions, privacy policy and consent of OnGuard are also available and can be viewed at this location:

https://onguard.co/privacy

The following terms govern your use of and participation in this service. By using the service provided, you agree to all of the terms and conditions of these terms. If you do not agree to all of the terms and conditions of these terms, do not use the service. You agree that use of the service signifies that you have read, understood, and agree to be bound by these terms. We reserve the right, at any time, to modify, alter, or update the service, and the terms, except where terms are modified by separate agreement.

OnGuard will post notice of the changes and the updated terms on the web service locations noted above. The updated terms shall become effective immediately upon notice of the updated terms being posted on the web service. Your continued use of the web service and/or the service after such changes have been posted means that you acknowledge and agree to the new terms, even if you have not reviewed the changes. Therefore, you should check the terms posted on the web service periodically for updates and changes. Use of the OnGuard service is only permitted for individuals who are at least 16 years of age. If you are under this age, you must have permission and be supervised by a parent or legal guardian to use this service. By agreeing to these terms, you represent and warrant that you are of legal age, or have obtained the necessary consent from a parent or guardian, to enter into and comply with these terms. 

Terms & Conditions of Service

The OnGuard service is a personal safety service with several components, including a mobile application with a Panic button, the ability to enter into or change modes of operation, a web-based Command Portal used to provide visibility to end-users status, such as Panic, or Life Check mode and reporting capabilities to provide insights into historical location and status details for safety policy reconciliation and/or legal compliance. The entire service is facilitated by a secure internet service residing in several public internet ‘cloud services’.

It is the responsibility of the end-user to provide accurate information, such as authentication details, correct user name and password to access the service, and proper use of the panic button upon legitimate distress situations.

The OnGuard mobile service is dependent upon internet connectivity and secure, individual end-user credentialed authenticated access to the OnGuard cloud service.

Privacy

Data Collection

For the effective provisioning and operation of the OnGuard service, we collect information from the end-user and their mobile device. This includes, but is not limited to, user names and precise geolocation data, accompanied by the date and time when each location is recorded. The collection of this data is essential for delivering the accurate and reliable functionality of our service, to ensure both timely and contextually relevant safety support to the end-user user.

Data Usage

Send-Net Canada Ltd. is dedicated to respecting and upholding the rights of our users regarding their personal data. Users have the right to access, rectify, or delete their personal data that we hold. However, it is important to note the following in the context of our service:

Access, Modification and Rectification: Users can request access to their personal data and can rectify any inaccuracies to ensure that their data is accurate and up-to-date. This is crucial for the effective operation of the OnGuard Service.

Deletion of Data: If a user chooses to delete their data, we will comply with this request. However, users must accept and understand that deleting their data will render us unable to continue providing the OnGuard service to them, as the processing of this data is essential for the functionality of OnGuard.

Restriction of Processing: Similarly, if a user requests the restriction of processing their data, we will honor this request to the extent possible. However, restricting data processing may impact the functionality of our service, and in some cases, may mean that we cannot provide the service.

Service Continuation: To continue receiving our service, it is necessary for us to process certain personal data, such as user names and precise geolocation data. Without this data, OnGuard cannot function as intended.

Withdrawal of Consent: Users have the right to withdraw their consent to the processing of their personal data at any time. Upon withdrawal of consent, we will no longer process the user's data for our service, which will result in the termination of service provision to that user.

We are committed to ensuring that our users' personal data is processed lawfully, transparently, and only for the purposes of providing and improving our service. We encourage users to contact us if they have any concerns or questions about their personal data rights.

Any requests pertaining to privacy can be directed to privacy@onguard.co

Indemnity Agreement (End-User)

The end user agrees to indemnify and hold harmless Sens-Net Canada Ltd., its affiliates, officers, agents, and employees from any claim, demand, loss, liability, or expense, including legal fees, arising out of or in connection with the user's misuse of the OnGuard service, including but not limited to the misuse of the tracking feature or the triggering of false alarms. This indemnification includes any costs, liabilities, or expenses arising from unnecessary emergency responses or actions taken by third parties as a result of the user's actions.

Furthermore, Sens-Net Canada Ltd. shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Sens-Net's reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation (including 'line-noise' interference), internet connectivity issues, or loss of power on the end user's smartphone. The user agrees to indemnify Sens-Net Canada Ltd. against any claims, damages, or losses resulting from such circumstances.

Informed Consent

By selecting the checkbox below, I give my explicit consent to Sens-Net Canada Ltd. to collect, process, and use my personal data as described in the above Privacy and Data Usage definitions: I understand that this data includes, but is not limited to, my name, precise geolocation data, user activities, etc., and will be used for the purpose of providing and improving the OnGuard service.

I acknowledge that I have read and understood the above Privacy and Data Usage definitions, which explains the purpose of data collection, how my data will be used, and my rights regarding my personal data. I am aware that this consent is voluntary and that I have the right to withdraw my consent at any time, which may affect the availability and functionality of the services provided to me by Send-Net Canada Ltd.

By using the OnGuard mobile app, or the OnGuard Command Portal, you agree to the collection and use of my personal data as described above and in the above Privacy and Data Usage definitions.