Terms of Service

Effective date: [DATE] · Last updated: October 8, 2026

Draft. These terms are awaiting review by a lawyer before Elder Guard launches. The governing law and effective date will be added then.

These terms are an agreement between you and Upton Software Ltd. Liability Company (“Elder Guard”, “we”, “us”). Elder Guard is one app with two roles, Guardian and Elder. These terms cover the app and this website (together, the “service”). By creating an account or using the service you agree to them. If you do not agree, please do not use the service. Our Privacy Policy explains what the service handles and why; it is a separate document.

Who the service is for, and who does what

Elder Guard is a family scam-protection service. It has two roles:

• Guardian. A family member or trusted person who uses Elder Guard in the Guardian role to protect someone else. A Guardian chooses the protection settings, receives reports, and is the one who pays for the subscription. Up to 3 Guardians can protect the same person; Guardians who join with a share code never pay.
• Elder. The person who is protected. The Elder uses the Elder Guard in the Elder role on their phone. The Elder is free and never pays.

An account has one role: it is either a Guardian or a Elder, never both. If you are both, use two accounts.

The Elder must agree. Elder Guard in the Elder role must be set up on the protected person’s own device, with their knowledge, and the person must read and agree to what will be shared and with whom before any Guardian is connected. They can remove the app and the protection at any time. You must not use Elder Guard to monitor, track or collect information about anyone who has not agreed, or who cannot understand and agree. Elder Guard is not for covert monitoring, and we may end the account of anyone who uses it that way.

You must be at least 18 years old (or the age of majority where you live) to be a Guardian. The service is not directed to children.

What Elder Guard does, and what it does not

Elder Guard is built to reduce the risk of scams. It warns about likely scam texts, calls, emails and dangerous websites, can block numbers and sites that a Guardian lists, and lets a protected person ask their Guardians “Is this safe?”.

Please understand its limits:

• It cannot catch everything. Scammers change their methods all the time. Some scams will get through, and some genuine messages, calls or sites may be flagged by mistake.
• It does not guarantee that anyone will avoid loss, fraud, identity theft or harm, and it does not recover money or property.
• It is not an emergency service. Elder Guard does not contact the police, the emergency services or your bank for you. In an emergency, call your local emergency number. If you think money has been taken, contact your bank and the authorities straight away.
• It does not give advice. Warnings, reports and answers are information, not legal, financial, medical or security advice. Decide for yourself what to do, and use your own judgment.
• It depends on things we do not control, such as the phone’s operating system (Apple limits what an iPhone app can do, so the iPhone version protects in different ways), the phone being switched on and connected, permissions being granted, and the app stores and other services we rely on. See the features page for what each phone can do.

Accounts and acceptable use

You sign in with an email address, Google or Apple account. Give us accurate information, keep your sign-in details and your device secure, and tell us if you think someone else is using your account. You are responsible for what happens under your account.

You agree not to:

• use the service to monitor, harass, control or deceive anyone, or to break the law;
• set up Elder Guard in the Elder role on someone’s device without their knowledge and agreement;
• try to break, bypass, reverse-engineer or overload the service, its encryption, its subscription checks or its security;
• use one purchase to cover more than the plan allows, or share an account to avoid paying;
• use the service in a way that harms other people or other users’ devices.

Subscription, free trial and billing

• Who pays and what it covers. One Guardian pays. The plan covers up to 2 devices of the people the Guardian protects (for example one person’s phone and tablet, or two people’s phones). Other Guardians, and every Elder, use Elder Guard free. A store purchase belongs to one Elder Guard account; it cannot fund two accounts.
• Billed through the store. You buy through Google Play or the App Store, and they take the payment. We never see your card or payment details. Their terms apply to the purchase as well as these. The price you see in the store, at the time you subscribe, is the price you agree to.
• The free trial. The store decides whether you can have a free trial. If you have already used one, it may not be offered again. The trial gives the same protection as the paid plan.
• Automatic renewal. Your subscription renews each month at the price above until you cancel. The store charges your account shortly before each period ends (Apple does this at least 24 hours before).
• How to cancel. You can cancel at any time, in the store you bought from: on Android, Google Play › Payments & subscriptions › Subscriptions; on iPhone, Settings › your name › Subscriptions. Cancel at least 24 hours before the trial or the current month ends. Cancelling stops the next charge; you keep protection until the end of the period you have paid for (or the end of the free trial). We cannot cancel a store subscription for you, and deleting your Elder Guard account does not cancel it, so cancel in the store first. Step by step guides are on the how to page.
• Refunds. The stores handle refunds under their own policies, so ask Google Play or Apple. We do not give refunds ourselves. If a store refunds and cancels a purchase, protection stops at once. Nothing in these terms limits any refund or cancellation right the law gives you.
• Price changes. We may change the price. We will tell you before the new price applies to you, in the app and, where the store requires it, through the store. It applies from your next renewal after that notice, and you can cancel before then. If you do nothing, you keep the subscription at the new price.
• No grace period. Protection is on only while the subscription is paid up. If a payment fails or is stopped, protection for the covered Elders turns off until the payment is sorted out.

When a subscription ends

If the subscription is cancelled and its paid period runs out, if payment fails, or if it is refunded, then protection stops on the devices it covered. Those devices say so plainly (“Protection is off. Ask your Guardian to turn it on.”), so nobody is led to think they are protected. The app stays installed and signed in, and pairing, the list of Guardians, leaving and deleting your account keep working.

Data stays on the phones. Messages, call details, emails, settings and keys that are already on a phone stay on that phone, as they always do; we do not hold them. They are removed when you delete them, delete your account (see Delete my data) or uninstall the app. Another Guardian of the same person can turn protection back on with their own subscription, and you can subscribe again at any time.

Ending your use of the service

You can stop using Elder Guard at any time: cancel the subscription in the store, then delete your account in the app or on our account deletion page.

We may suspend or end your access if you break these terms, if you use the service to harm or secretly monitor someone, if we are required to by law, or if we stop offering the service. If we stop the whole service, we will give notice in the app first.

Who owns what

Elder Guard, including the app, the website, the name and the logo, belongs to us or our licensors and is protected by law. While you follow these terms we give you a personal, non-exclusive, non-transferable licence to use the app on your own devices. You may not copy, sell, rent or reverse-engineer them, or remove any notices on them, except where the law allows it. Some parts use open-source software under its own licences. You keep ownership of your own content, such as your messages and contacts, which stay on your devices.

Disclaimers

The service is provided “as is” and “as available”. As far as the law allows, we do not promise that it will be uninterrupted, error-free, or secure from every attack, that it will catch every scam, or that it will work on every phone, version or network. We do not make any promise about results. Some places do not allow some of these disclaimers, so some of them may not apply to you.

Limits on our liability

As far as the law allows, we are not liable for any indirect, incidental, special or consequential loss, or for lost money, lost profits or lost data, that comes from using or not being able to use the service, including loss caused by a scam that Elder Guard did not catch or by a genuine message or site it flagged by mistake. As far as the law allows, our total liability to you for anything connected with the service is limited to the amount you paid us for the service in the 12 months before the claim, or US $50 if you have not paid anything.

Nothing in these terms limits liability that cannot be limited by law, such as for death or personal injury caused by negligence, for fraud, or for anything else the law says cannot be excluded. Your local consumer rights stay as they are. [LAWYER TO CONFIRM LIABILITY WORDING FOR THE TARGET MARKETS]

Changes to these terms

We may update these terms, for example when the service or the law changes. We will change the “Last updated” date and, for material changes, tell you in the app or by email before they apply to you. If you keep using the service after the change takes effect, you accept the new terms. If you do not accept them, you can cancel and delete your account.

Governing law

These terms are governed by the laws of [GOVERNING LAW AND JURISDICTION], without regard to its conflict-of-law rules, and disputes will be decided in the courts of [GOVERNING LAW AND JURISDICTION], except where the law of the place where you live gives you the right to use your local courts or protections.

Contact

Upton Software Ltd. Liability Company, 8735 Dunwoody Place, Ste N, Atlanta, GA 30350, United States
Questions about these terms: elderguardadmin@elderguard.info