These Terms of Service ("Terms") govern your access to and use of the services, products, and applications (collectively, the "Services") provided by Guardian Visibility LLC ("Guardian Visibility," "we," "our," or "us"). By accessing or using our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using our Services, registering a trailer, or installing Guardian Visibility tracking devices, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Description of Services

Guardian Visibility provides real-time tracking and monitoring services for refrigerated trailers, including:

GPS location tracking
Temperature monitoring at multiple zones within the trailer
Humidity monitoring
Door open/close detection via light sensors
Shock and vibration detection
Cloud-based data access and reporting
Alert notifications

3. Carrier Preferred Program

Carriers participating in the Carrier Preferred Program agree to the following:

Installation of Guardian Visibility tracking devices on registered trailers
Maintenance of devices in good working condition
Accurate reporting of trailer and company information
Compliance with all applicable transportation regulations

In exchange, participating carriers may be eligible for revenue share payments on qualifying loads, as determined by Guardian Visibility in its sole discretion.

4. Equipment and Installation

Guardian Visibility tracking devices remain the property of Guardian Visibility unless otherwise specified in writing. Carriers are responsible for:

Proper installation according to provided guidelines
Protecting devices from damage, tampering, or theft
Notifying Guardian Visibility of any device issues or malfunctions
Returning devices upon termination of service or sale of the trailer

5. Data and Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. You acknowledge and agree that:

Tracking devices will collect location, temperature, and other sensor data
This data may be shared with shippers and brokers for load tracking purposes
You own the data generated by devices on your trailers
Guardian Visibility may use anonymized, aggregated data for service improvement

6. User Responsibilities

You agree to:

Provide accurate and complete registration information
Maintain the confidentiality of your account credentials
Notify us immediately of any unauthorized use of your account
Use the Services only for lawful purposes
Not interfere with or disrupt the Services or servers
Not attempt to gain unauthorized access to any part of the Services

7. Intellectual Property

The Services, including all software, hardware designs, trademarks, logos, and content, are owned by Guardian Visibility or its licensors and are protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Services in accordance with these Terms.

8. Disclaimer of Warranties

THE SERVICES ARE 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, AND NON-INFRINGEMENT.

Guardian Visibility does not warrant that the Services will be uninterrupted, error-free, or completely secure. Tracking data is dependent on cellular network coverage and device functionality, which may be affected by factors beyond our control.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GUARDIAN VISIBILITY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

IN NO EVENT SHALL GUARDIAN VISIBILITY'S TOTAL LIABILITY EXCEED THE AMOUNTS PAID BY YOU TO GUARDIAN VISIBILITY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

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

11. Termination

Either party may terminate this agreement at any time with 30 days' written notice. Guardian Visibility may immediately terminate or suspend your access to the Services if you breach these Terms or engage in fraudulent or illegal activity.

Upon termination, you must return all Guardian Visibility equipment and your access to the Services will be revoked. Provisions of these Terms that by their nature should survive termination shall survive.

12. Modifications to Terms

Guardian Visibility reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes acceptance of the modified Terms.

13. Governing Law and Dispute Resolution

These Terms 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 disputes arising under these Terms shall be resolved in the state or federal courts located in Montana.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Guardian Visibility regarding the Services.

16. Contact Information

For questions about these Terms of Service, please contact us:

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