DRAFT — pending legal review. Not a final legal document. This document is missing legally required trader identification.
Welcome to SafeguardMDM. These Terms of Service ("Terms") govern your access to and use of the SafeguardMDM platform, including the web dashboard, mobile applications, and all related services (collectively, the "Service"). By creating an account or using the Service, you agree to be bound by these Terms. If you are acting as a consumer, mandatory provisions of the consumer-protection law of your country of residence apply in addition to these Terms and prevail over them where they conflict.
The Service is provided by:
We are established in Italy. You can reach us at support@safeguardmdm.com for any question about the Service, and at legal@safeguardmdm.com for contractual or legal matters. We respond to consumer enquiries in English and Italian.
SafeguardMDM is a device-management platform for families and caregivers. The Service enables authorised parents, guardians and caregivers to:
The Service analyses audio on the device itself to detect safety keywords. Audio is never recorded, stored or transmitted to us.
You must be at least 18 years old and have legal authority over the devices and individuals you intend to monitor. By registering, you represent and warrant that:
You agree to use the Service only for lawful family-safety and caregiving purposes. You must not:
You are responsible for ensuring that your use of monitoring features complies with the law that applies to you. Most European jurisdictions require that the monitored person be informed, and monitoring an adult without a valid legal basis may be a criminal offence.
The Service requires that monitored individuals, or their legal guardians, are informed that monitoring is active. The Service displays a persistent notification on monitored devices and provides an abuse-reporting mechanism that is accessible to every monitored user and isolated from the account holder.
How we collect and process personal data, the legal bases we rely on, how long we keep it and how you exercise your rights are described in the Privacy Policy, which forms part of your agreement with us. Cookies and similar technologies are described in the Cookie Policy.
SafeguardMDM offers tiered subscription plans. By subscribing, you agree that:
We must supply a service that conforms to this contract. Under Directive (EU) 2019/770, as implemented in your country, you are entitled to a legal guarantee of conformity that is free of charge and independent of any commercial guarantee we offer.
We may suspend or terminate your account if:
Except where an immediate suspension is necessary to protect a monitored person or to comply with a legal obligation, we will give you notice and, where the breach can be remedied, a reasonable opportunity to remedy it. We will tell you the reason for a suspension or termination unless the law prevents us from doing so. You may terminate your account at any time from the dashboard settings. On termination, monitoring data is permanently deleted within 30 days in accordance with our retention policy.
We are liable to you for foreseeable loss and damage caused by our breach of this contract or our negligence. We do not exclude or limit our liability in any way where it would be unlawful to do so. In particular, we do not exclude or limit liability for:
Subject to the above, and where you are acting as a consumer, we are not liable for loss that was not foreseeable at the time the contract was made, or for loss arising from your own failure to comply with these Terms or with the law applicable to monitoring. We do not warrant that the Service will be uninterrupted or error-free; we do commit to supplying it with reasonable care and skill and to the conformity standard in section 8.
The Service is a safety aid, not an emergency service. It does not replace emergency numbers, medical care or supervision. Do not rely on it as the sole means of protecting a person at risk.
If you use the Service unlawfully — in particular by monitoring a person you have no legal right to monitor — and a third party brings a claim against us as a result, you are liable to us for the loss we suffer to the extent it is attributable to your conduct. This does not apply to loss we could have avoided by taking reasonable steps, and it does not extend beyond what the law applicable to you permits us to recover from a consumer.
We may change these Terms where there is a valid reason to do so, such as a change in the law, in the Service, or in how we charge for it. We will notify you by email at least 30 days before a material change takes effect. If you do not accept the change, you may terminate the contract free of charge before it takes effect, and we will refund any amount you have paid for a period after termination. Changes that are purely to your benefit, or required immediately by law, may take effect sooner.
These Terms are governed by the law of Italy. If you are a consumer habitually resident in another country of the European Union or the European Economic Area, this choice does not deprive you of the protection of any mandatory provision of the law of your country of residence (Regulation (EC) No 593/2008, Article 6).
If you are a consumer, proceedings may be brought by you against us either in the courts of Italy or in the courts of the place where you are domiciled, and proceedings against you may only be brought in the courts of the place where you are domiciled (Regulation (EU) No 1215/2012, Articles 17 to 19). If you are not a consumer, the courts of Italy have exclusive jurisdiction.
If something goes wrong, contact support@safeguardmdm.com first — most issues are resolved that way. If you are not satisfied with our response, you may refer the dispute to an alternative dispute resolution body: [PLACEHOLDER — ADR body, or delete this clause if none is adhered to]. Use of an ADR body is voluntary and does not affect your right to go to court.
The European Commission's Online Dispute Resolution platform ceased operating on 20 July 2025 and is no longer available as a route for consumer complaints.