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Terms of Service

Last updated: November 1, 2025

1. Acceptance of Terms

By downloading, installing, accessing, or using Montiguard ("the App," "Service," or "Software"), you agree to be bound by these Terms of Service ("Terms," "Agreement," or "TOS"). If you do not agree to these Terms, you must immediately cease using the App and uninstall it from your device.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Montiguard ("Company," "we," "our," or "us").

2. Description of Service

Montiguard is an automated message security and spam filtering application for mobile devices (iOS and Android). The Service uses proprietary algorithms, pattern matching, machine learning models, and third-party AI services to analyze messages in real-time and identify potential spam, phishing attempts, scams, and other unwanted or malicious communications.

Service Characteristics:

  • Real-time message analysis performed on our secure servers
  • Zero data retention of message content
  • Automated decision-making without human review
  • Subscription-based access to premium features
  • Continuous improvement of detection algorithms

Important: The specific algorithms, detection methods, heuristics, and technical implementations used by Montiguard are proprietary trade secrets and confidential business information.

3. License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial use.

4. User Responsibilities

You agree to:

  • Use the App only for lawful purposes
  • Not attempt to reverse engineer, decompile, or disassemble the App
  • Not interfere with or disrupt the App's functionality
  • Maintain the security of your account credentials
  • Comply with all applicable laws and regulations

5. Subscriptions and Payments

5.1 Subscription Plans

Montiguard offers subscription-based access to premium features. Subscription details, including pricing and duration, are presented in the App and through the Apple App Store.

5.2 Auto-Renewal

Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period. You can manage or cancel your subscription through your Apple App Store account settings.

5.3 Refunds

Refunds are handled according to Apple's App Store refund policies. Please contact Apple Support for refund requests.

6. Privacy and Data Protection

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key Privacy Points:

  • Message content is transmitted to our servers for analysis but is NOT stored
  • Zero data retention policy for message content
  • We collect minimal device and subscription data necessary for Service functionality
  • Third-party AI providers process messages with zero retention guarantees
  • Anonymous usage is supported (no email required)

By using the Service, you consent to the data practices described in the Privacy Policy.

7. Service Availability and Reliability

7.1 No Uptime Guarantee

We strive to provide reliable service, but we do not guarantee:

  • Continuous, uninterrupted, or error-free operation
  • Any specific uptime percentage or service level
  • Availability during maintenance, updates, or system failures
  • Compatibility with all devices, operating systems, or network configurations

The Service may be temporarily unavailable due to maintenance, technical issues, third-party service disruptions, or circumstances beyond our control. We are not liable for any consequences resulting from service unavailability.

7.2 Changes and Discontinuation

We reserve the right to:

  • Modify, suspend, or discontinue any feature or the entire Service at any time
  • Change pricing, subscription plans, or terms
  • Update detection algorithms and filtering logic without notice
  • Terminate the Service entirely without liability

8. Accuracy and Effectiveness Disclaimer

8.1 No Guarantee of Detection

Montiguard uses advanced automated systems, but is NOT perfect and CANNOT guarantee:

  • 100% Spam Detection: Some spam, phishing, or malicious messages may not be detected
  • Zero False Positives: Legitimate messages may be incorrectly flagged as spam
  • Real-time Protection: There may be delays in detecting new threats
  • Complete Security: The Service does not replace good judgment and security practices

8.2 User Responsibility

You acknowledge and agree that:

  • You are solely responsible for evaluating the legitimacy of any message
  • You should not rely exclusively on Montiguard for security decisions
  • Sophisticated scammers may bypass automated detection systems
  • You must exercise caution with suspicious messages regardless of filtering results
  • Montiguard is a tool to assist you, not a replacement for vigilance

8.3 No Liability for Missed Threats

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE IF:

  • You fall victim to a scam, phishing attack, or fraud that Montiguard did not detect
  • You suffer financial loss from an undetected malicious message
  • An attacker bypasses or outsmarts our filtering systems
  • You click on a malicious link
  • You provide personal information in response to an undetected phishing attempt

Our Service provides risk assessment and recommendations only. Final decisions and actions are your sole responsibility.

9. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" WITHOUT WARRANTIES OF ANY KIND.

WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

  • MERCHANTABILITY: The Service is fit for any particular purpose
  • FITNESS FOR A PARTICULAR PURPOSE: The Service meets your specific requirements
  • NON-INFRINGEMENT: The Service does not infringe third-party rights
  • ACCURACY: Detection results are accurate, complete, or reliable
  • QUALITY: The Service meets any quality standards
  • AVAILABILITY: The Service will be available when you need it
  • ERROR-FREE OPERATION: The Service will operate without errors or bugs
  • SECURITY: The Service is completely secure against all threats

Some jurisdictions do not allow the exclusion of implied warranties. In such cases, the above exclusions may not apply to you, but warranties are limited to the minimum extent required by law.

10. Limitation of Liability

10.1 No Liability for Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Montiguard, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO:

  • Direct Damages: Loss of money, property, or assets
  • Indirect Damages: Lost profits, business interruption, or loss of opportunities
  • Consequential Damages: Downstream effects or secondary losses
  • Incidental Damages: Unforeseen costs or expenses
  • Punitive Damages: Penalties or exemplary damages
  • Special Damages: Unique or extraordinary losses
  • Loss of Data: Corruption, deletion, or unavailability of data
  • Loss of Use: Inability to use the Service or related systems
  • Loss of Goodwill: Reputational damage or loss of business relationships
  • Cost of Substitute Services: Expenses for alternative solutions
  • Personal Injury: Physical or emotional harm
  • Identity Theft: Unauthorized use of personal information
  • Fraud or Scam Losses: Financial losses from undetected threats

10.2 Scope of Limitation

This limitation applies regardless of:

  • The legal theory (contract, tort, negligence, strict liability, or otherwise)
  • Whether we were advised of the possibility of such damages
  • Whether damages were foreseeable
  • The success or failure of any remedy

10.3 Maximum Liability Cap

IF ANY LIABILITY IS FOUND TO EXIST DESPITE THE ABOVE LIMITATIONS, OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE LESSER OF:

  • The amount you paid for the Service in the 12 months preceding the claim, OR
  • €50 (fifty euros)

10.4 Essential Basis of Bargain

You acknowledge that these limitations are an essential part of this Agreement and that we would not provide the Service without these limitations. The pricing of the Service reflects these limitations.

10.5 Jurisdictional Exceptions

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. In such cases, our liability is limited to the maximum extent permitted by law.

9. Intellectual Property

The App, including its code, design, graphics, and content, is owned by Montiguard and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

10. Third-Party Services

The App may integrate with third-party services (such as Apple's iOS). Your use of these services is subject to their respective terms and conditions.

11. Indemnification

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

  • Your use or misuse of the Service
  • Your violation of these Terms
  • Your violation of any laws or regulations
  • Your violation of any third-party rights
  • Any losses you incur from undetected spam, phishing, or malicious messages
  • Your reliance on Service results or recommendations
  • Any fraudulent activity or scams affecting you

12. Logs and System Data

In the event of system crashes, errors, or technical issues:

  • Infrastructure logs may contain IP addresses, timestamps, and connection metadata
  • Error logs may contain technical diagnostic information
  • Logs do NOT contain message content due to our zero retention architecture
  • Logs are used solely for debugging, security, and service improvement
  • Logs are retained for a maximum of 30 days

You acknowledge that even in the event of a system failure or crash, message content cannot be recovered or reconstructed from our systems.

13. Termination

13.1 Termination by Us

We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, with or without notice, for any reason including but not limited to:

  • Violation of these Terms
  • Fraudulent or abusive behavior
  • Non-payment of subscription fees
  • Technical or security concerns
  • Legal or regulatory requirements
  • Discontinuation of the Service

13.2 Termination by You

You may terminate your use of the Service at any time by:

  • Uninstalling the App from your device
  • Canceling your subscription through Apple App Store
  • Requesting account deletion via support@montiguard.com

13.3 Effect of Termination

Upon termination:

  • Your right to use the Service immediately ceases
  • You will no longer have access to premium features
  • Sections of these Terms that should survive termination will remain in effect (including disclaimers, limitations of liability, and indemnification)
  • No refunds will be provided for unused subscription periods (subject to applicable law)

14. Changes to Terms

We reserve the right to modify, amend, or update these Terms at any time at our sole discretion. Material changes will be communicated by:

  • Posting the updated Terms on this page with a new "Last updated" date
  • In-app notification when you next open the App
  • Email notification (if you provided an email address)

Your continued use of the Service after the effective date of changes constitutes your binding acceptance of the modified Terms. If you do not agree with the changes, you must stop using the Service and uninstall the App.

15. Governing Law and Jurisdiction

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Netherlands and the European Union (including GDPR), without regard to conflict of law principles.

15.2 Jurisdiction

Subject to the arbitration provisions below, you agree that any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the competent courts of Amsterdam, Netherlands. You consent to the personal jurisdiction of such courts.

15.3 European Union Users

If you are a consumer in the European Union, you may also bring legal proceedings in your country of residence.

16. Dispute Resolution

16.1 Informal Resolution

Before initiating formal dispute resolution, you agree to contact us at support@montiguard.com to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith within 30 days.

16.2 Arbitration (Non-EU Users)

If you are not located in the European Union, disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with international arbitration rules, except where prohibited by law.

16.3 EU Consumers

If you are a consumer in the European Union, you have the right to:

  • Bring legal proceedings in courts
  • Use the European Commission's Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr

16.4 Class Action Waiver

Where permitted by law, you agree to bring claims only in your individual capacity and not as part of any class, collective, or representative action.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

18. No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver shall be effective unless in writing and signed by an authorized representative.

19. Assignment

You may not assign, transfer, or delegate these Terms or your rights and obligations without our prior written consent. We may freely assign these Terms without restriction. Any attempted assignment in violation of this section shall be null and void.

20. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, fuel, energy, labor, or materials, or failures of third-party services (including AI providers, hosting providers, or telecommunications services).

21. Survival

The following sections shall survive termination of these Terms: User Responsibilities, Disclaimer of Warranties, Limitation of Liability, Indemnification, Intellectual Property, Governing Law, Dispute Resolution, and any other provisions which by their nature should survive.

22. Language

These Terms are provided in English. If translated into other languages, the English version shall prevail in case of any conflict or discrepancy.

23. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us at:

  • Legal Inquiries: support@montiguard.com
  • General Support: support@montiguard.com
  • Privacy Matters: support@montiguard.com

Notices to Montiguard must be sent to the email addresses above or to our registered business address. We may provide notices to you via email (if provided), in-app notification, or by posting on our website.

24. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Montiguard regarding the use of the Service and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral.

25. Acknowledgment

BY USING Montiguard, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

You specifically acknowledge and agree to:

  • The limitations on service accuracy and effectiveness
  • The disclaimer of warranties
  • The limitation of liability
  • The no-uptime guarantee
  • Your responsibility for evaluating message legitimacy
  • Our zero liability for undetected threats or scams
  • Privacy Policy
  • Terms of Service
  • Developers
  • Support
  • FAQ

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