Terms & Conditions

Last updated: March 18, 2025

1. Acceptance of Terms

By downloading, installing, or using the Firearm Guardian mobile application ("the App"), you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use the App.

2. Apple App Store Terms

Acknowledgement

You acknowledge that these Terms and Conditions constitute an agreement between you and Firearm Guardian only, and not with Apple Inc. Firearm Guardian, not Apple, is solely responsible for the App and its content. These Terms and Conditions are not intended to provide for usage rules for the App that conflict with the Apple Media Services Terms and Conditions.

Scope of License

The license granted to you for the App is a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. The App may also be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

Maintenance and Support

Firearm Guardian is solely responsible for providing maintenance and support services for the App, as specified in these Terms or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

Warranty

In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Firearm Guardian's sole responsibility.

Product Claims

You acknowledge that Firearm Guardian, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

Intellectual Property Rights

You acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Firearm Guardian, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Third Party Terms of Agreement

You must comply with applicable third-party terms of agreement when using the App, such as your wireless data service agreement.

Third Party Beneficiary

You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms and Conditions, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

3. Eligibility

To use Firearm Guardian, you must:

• Be at least 18 years old
• Be legally permitted to own firearms in your jurisdiction
• Comply with all applicable firearm laws and regulations
• Provide accurate and truthful information
• Be capable of forming a legally binding contract

4. User Accounts

Account Security

• You are responsible for maintaining the confidentiality of your account credentials
• You must not share your login details with others
• You must notify us immediately of any unauthorized access
• You are responsible for all activities that occur under your account

Account Information

• You must provide accurate and complete information
• You must update your information to keep it current
• We reserve the right to suspend accounts with inaccurate information

5. Subscription & Payment Terms

Subscription Plans

• Free tier with basic features
• Premium tier with advanced features
• Enterprise tier for organizations

Payment Terms

• Subscriptions are billed through the App Store or Google Play
• Prices are in AUD and include applicable taxes
• Subscriptions auto-renew unless cancelled
• Refunds are handled by Apple/Google according to their policies

Cancellation

• You can cancel your subscription through your device's app store
• Cancellation takes effect at the end of the current billing period
• No refunds for partial subscription periods

6. Prohibited Uses

You must not:

• Use the App for illegal purposes
• Store or transmit illegal content
• Attempt to bypass security measures
• Reverse engineer the App
• Use the App to harass or harm others
• Share access to your account
• Submit false or misleading information
• Interfere with the App's operation

7. Intellectual Property

Our Rights

• The App and its content are protected by copyright and other laws
• All trademarks and logos are our property
• The App's code and design are proprietary

Your Rights

• You retain ownership of your uploaded content
• You grant us a license to store and process your content
• You must have rights to content you upload

8. Disclaimers

App Purpose

• The App is for information and record-keeping only
• We do not provide legal advice
• Users must verify all information independently

No Warranties

• The App is provided "as is"
• We do not guarantee uninterrupted service
• We are not responsible for data loss
• Features may change without notice

9. Limitation of Liability

We are not liable for:

• Indirect or consequential damages
• Loss of data or profits
• Service interruptions
• Third-party actions
• Misuse of the App
• Legal compliance issues

Maximum liability is limited to:

• The amount paid for your subscription in the past 12 months
• Or AUD $100, whichever is greater

10. Indemnification

You agree to indemnify us against claims arising from:

• Your use of the App
• Your content
• Your violation of these terms
• Your violation of laws
• Your violation of others' rights

11. Governing Law & Dispute Resolution

Jurisdiction

• These terms are governed by Australian law
• Courts in Australia have exclusive jurisdiction

Dispute Resolution

1. Informal resolution attempt
2. Mandatory mediation
3. Binding arbitration
4. Court proceedings as last resort

12. Changes to Terms

We may modify these terms:

• With 30 days notice for material changes
• Immediately for non-material changes
• Notice will be provided in the App
• Continued use constitutes acceptance

13. Contact Us

For questions about these terms or to report issues with the App:

• Business Name: Esoteric Tortoise
• Email: legal@firearmguardian.com
• Website: https://firearmguardian.com/contact

Legal Compliance

These terms comply with:

• Australian Consumer Law
• Privacy Act 1988
• Electronic Transactions Act 1999
• App Store Guidelines
• Google Play Policies