Terms of Service

1. Agreement to Terms

By accessing or using ScammerGuardian ("Service"), operated by ScammerGuardian LLC ("Company," "we," "us," or "our"), you ("Guardian," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use the Service.

These Terms apply to all visitors, users, and others who access or use the Service, including the web dashboard at www.scammerguardian.com, the ScammerGuardian mobile application, and the AI-powered call screening system.

2. Description of Service

ScammerGuardian is an AI-powered phone call screening service designed to protect individuals ("Protected Persons") from scam and fraudulent phone calls. The Service operates by:

• Providing a dedicated phone number to which incoming calls are forwarded from the Protected Person's phone via standard call forwarding (e.g., *72 or device settings)
• Using artificial intelligence to screen unknown callers by engaging them in a brief conversation
• Classifying calls as legitimate (passed through), scam (blocked), or uncertain (sent to voicemail)
• Sending real-time SMS alerts and providing a web/mobile dashboard for call management
• Recording and transcribing screened calls for review by the Guardian

The Service is intended to be managed by a Guardian (typically an adult child or caregiver) on behalf of a Protected Person (typically an elderly parent or vulnerable individual).

3. Eligibility

You must be at least 18 years of age and have the legal authority to enter into these Terms. By using the Service, you represent and warrant that:

• You are at least 18 years of age
• You have the legal authority and/or consent of the Protected Person to set up call forwarding and call screening on their phone line
• You have informed the Protected Person that their incoming calls will be screened and potentially recorded by an AI-powered system
• All information you provide to us is accurate and complete

4. Account Registration and Security

To use the Service, you must create an account by providing a valid email address and creating a password, or by authenticating through a supported third-party provider (e.g., Google). You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately at info@scammerguardian.com of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that we reasonably believe are being used in violation of these Terms.

5. Subscription, Billing, and Free Trial

5.1 Pricing

The Service is offered at $29.00 per month per protected phone line. Prices are in United States Dollars (USD) and are subject to change with 30 days' prior written notice.

5.2 Free Trial

New subscribers receive a 7-day free trial. A valid payment method (credit or debit card) is required at the time of enrollment. If you do not cancel before the trial period ends, your payment method will be automatically charged the subscription fee. You may cancel at any time during the trial period without being charged.

5.3 Recurring Billing

After the free trial, your subscription will automatically renew on a monthly basis. Your payment method will be charged at the beginning of each billing cycle. All payments are processed securely through Stripe, our third-party payment processor.

5.4 Cancellation

You may cancel your subscription at any time through the dashboard Settings page or by contacting us at info@scammerguardian.com. Upon cancellation:

• Your Service will remain active through the end of your current billing period
• No refunds will be issued for partial months of service
• Your data (call logs, recordings, whitelist) will be retained for 30 days after cancellation, after which it will be permanently deleted
• Your dedicated Twilio phone number will be released 30 days after cancellation

5.5 Failed Payments

If a payment fails, we will attempt to process the charge up to three (3) additional times. During this period, call screening may be paused (calls will be forwarded directly to the Protected Person without AI screening). If payment cannot be collected after all retry attempts, the subscription will be canceled.

6. Call Recording and Consent

6.1 Recording Disclosure

The Service records all screened calls (calls from unknown numbers that are processed by the AI). Callers are informed at the beginning of each screened call that "this call may be recorded for quality purposes." Whitelisted calls that are passed through directly are not recorded.

6.2 One-Party and Two-Party Consent States

United States call recording laws vary by state. Some states require the consent of all parties to a conversation ("two-party consent" or "all-party consent" states), while others require only one party's consent ("one-party consent" states).

Two-party / all-party consent states include: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, Vermont, and Washington. Note that some of these states have nuanced exceptions — for example, Illinois' Eavesdropping Act and Florida's wiretapping statute have specific provisions.

ScammerGuardian provides a verbal recording disclosure to all callers at the start of each screened call. By continuing the call after hearing this disclosure, the caller is deemed to have consented to the recording. If a caller disconnects after hearing the disclosure, no recording is retained.

Your responsibility: As the Guardian, you acknowledge that you understand the call recording laws in your state and the state where the Protected Person resides. If you are in a two-party consent state, you confirm that the Protected Person has been informed of and consents to the call screening and recording process. You agree to indemnify ScammerGuardian against any claims arising from non-compliance with applicable recording consent laws.

6.3 Recording Storage and Retention

Call recordings are stored securely and automatically deleted after 90 days. Transcripts of calls are retained in your account for as long as your subscription is active. You may request early deletion of specific recordings at any time through the dashboard or by contacting us.

7. AI Screening — Limitations and Disclaimers

The AI call screening technology is designed to identify and block likely scam calls, but it is not infallible. You acknowledge and agree that:

• No guarantee of accuracy: The AI may occasionally misclassify calls. Legitimate calls may be blocked ("false positives"), and scam calls may be passed through ("false negatives").
• Not a substitute for vigilance: The Service is intended to reduce, not eliminate, exposure to scam calls. Guardians should continue to educate Protected Persons about common scam tactics.
• No emergency services: The Service is not designed for emergency communications. If the Protected Person needs to call or receive calls from emergency services (911), call forwarding should be configured accordingly or temporarily disabled.
• AI decision-making: Call classifications are made by artificial intelligence based on conversational patterns and known scam indicators. The AI does not have perfect judgment and its decisions should be reviewed regularly through the call history dashboard.
• Service availability: The Service depends on third-party infrastructure including Twilio (telephony), OpenAI (AI classification), and cloud hosting. Service interruptions may occur due to factors outside our control.

8. Acceptable Use

You agree not to use the Service to:

• Screen calls for any person without their knowledge and consent
• Intercept, record, or monitor calls for any illegal or unauthorized purpose
• Use the Service to harass, stalk, or otherwise harm any person
• Reverse-engineer, decompile, or attempt to extract the source code of the Service
• Resell, redistribute, or sublicense the Service without our prior written consent
• Interfere with or disrupt the integrity or performance of the Service
• Use the Service in any manner that violates applicable local, state, national, or international law

9. Intellectual Property

The Service and its original content, features, and functionality (including but not limited to the AI screening algorithms, user interface design, branding, and documentation) are and will remain the exclusive property of ScammerGuardian LLC. The Service is protected by copyright, trademark, and other intellectual property laws.

"ScammerGuardian," the ScammerGuardian logo, and related marks are trademarks of ScammerGuardian LLC. You may not use these marks without our prior written consent.

10. Third-Party Services

The Service integrates with and relies upon third-party services including:

• Twilio — telephony, phone number provisioning, SMS, and call routing
• OpenAI — AI-powered call classification and transcription
• Stripe — payment processing and subscription management
• Clerk — authentication and user management
• Resend — email notifications and reports

Your use of the Service is also subject to the terms and policies of these third-party providers. We are not responsible for the practices or policies of any third-party services.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SCAMMERGUARDIAN LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or other intangible losses
• Any financial loss or damage suffered by the Protected Person or Guardian as a result of a scam call that was not successfully blocked by the Service
• Any legitimate call that was incorrectly blocked or sent to voicemail by the AI screening system
• Any interruption or unavailability of the Service due to third-party service outages, network issues, or force majeure events
• Any claim arising from the recording of a call where proper consent was not obtained by the Guardian

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12. Indemnification

You agree to defend, indemnify, and hold harmless ScammerGuardian LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your failure to obtain proper consent from the Protected Person for call forwarding, screening, or recording
• Your violation of any applicable call recording or wiretapping law
• Any third-party claim that the use of the Service on behalf of a Protected Person was unauthorized

13. Disclaimer of Warranties

THE SERVICE 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, AND NON-INFRINGEMENT.

We do not warrant that (a) the Service will function uninterrupted, securely, or error-free; (b) the AI will correctly classify all calls; (c) the results obtained from using the Service will be accurate or reliable; or (d) any defects in the Service will be corrected.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or through a prominent notice on the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.

15. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms. Upon termination:

• Your right to use the Service will immediately cease
• We may delete your account data after 30 days
• Your dedicated phone number will be released
• Sections 6 (Call Recording), 9 (Intellectual Property), 11 (Limitation of Liability), 12 (Indemnification), and 13 (Disclaimer of Warranties) shall survive termination

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good faith negotiation. If the dispute cannot be resolved within 30 days, either party may pursue binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Ohio.

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

17. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ScammerGuardian LLC regarding the use of the Service and supersede all prior agreements and understandings, whether written or oral.

19. Contact Information

If you have any questions about these Terms of Service, please contact us:

• Email: info@scammerguardian.com
• Website: www.scammerguardian.com