Terms of Service | Peabody Guardian

Welcome to Peabody Guardian. These Terms of Service ("Terms") govern your access to and use of our website, mobile applications, wristbands, APIs, and officer and enrollee verification portals (collectively, the "Services"). By using our services, you agree to be bound by these Terms.

1. Description of Service

Peabody Guardian provides device integrity, geolocation verification, court-ordered geofencing, risk scoring, and Bluetooth wristband telemetry monitoring infrastructure ("Services"). These Services are designed to assist judicial authorities, sheriff offices, correction departments, and law enforcement agencies in monitoring compliance with exclusion or inclusion zones and protecting victims.

2. Use of Services

You agree to use the Services only for lawful purposes and in accordance with these Terms. You are responsible for:

Maintaining the confidentiality of your API keys, officer portal credentials, and enrollment data.
Ensuring all data provided to the Services is accurate, authentic, and obtained legally.
Complying with all applicable privacy, civil rights, and judicial laws regarding your enrollees' and victims' data.

3. User Representations and Indemnification

You represent and warrant that you will not offer or utilize any services in any jurisdiction where such services are prohibited. You agree to defend, indemnify, and hold harmless Peabody Software, LLC, its affiliates, and their respective officers, directors, managers, employees, owners, partners, and agents from and against any and all liability resulting from any breach of this representation.

4. Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." PEABODY GUARDIAN DISCLAIMS ALL WARRANTIES, 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 THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ALL FRAUDULENT ACTIVITY, SPOOFING ATTEMPTS, TETHER SEPARATIONS, OR GEOFENCE VIOLATIONS WILL BE DETECTED OR PREVENTED.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PEABODY GUARDIAN, PEABODY SOFTWARE, LLC, OR THEIR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, OWNERS, PARTNERS, AND AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES.

UNDER NO CIRCUMSTANCES SHALL THE TOTAL AGGREGATE LIABILITY OF PEABODY GUARDIAN, PEABODY SOFTWARE, LLC, OR THEIR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, OWNERS, PARTNERS, AND AGENTS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF: (A) FIVE THOUSAND DOLLARS ($5,000.00 USD); OR (B) ONE (1) TIMES THE TOTAL ANNUAL FEES PAID BY YOU TO PEABODY SOFTWARE, LLC FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

6. Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule.

7. Dispute Resolution & Mandatory Arbitration

Any dispute, claim, or controversy arising out of or relating to our services, including without limitation, the website, officer and enrollee portals, mobile applications, wristbands, APIs, and geofencing verification services, these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Orlando, Florida.

The arbitration shall be administered by a recognized arbitration provider (such as JAMS or AAA) pursuant to its streamlined arbitration rules and procedures. Discovery shall be limited to an exchange of documents, and no depositions shall be permitted. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

CLASS ACTION WAIVER: YOU AND PEABODY GUARDIAN AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR PEABODY GUARDIAN WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

8. Intellectual Property

The Services, including the website, mobile applications, officer and enrollee portals, wristbands, and all related software and branding, are the exclusive property of Peabody Guardian, Peabody Software, LLC, and its licensors. No rights are granted to you except as expressly set forth in these Terms.

9. Termination

We reserve the right to suspend or terminate access to the Services at our sole discretion, without notice, for conduct that we believe violates these Terms, is harmful to other users of the Services, us, or third parties, or for any other reason, including compliance with court orders or administrative mandates.

10. Modifications to Terms

We may revise these Terms from time to time. The most current version will always be posted on our website. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms.

11. Billing, SLA, and Agency Agreements

Depending on your service agreement, the Services may operate on an Agency Service Level Agreement (SLA), a custom enterprise subscription contract, or a prepaid credit system.

Agency SLAs: Public safety departments, sheriff offices, and judicial departments are billed according to custom service level agreements. Invoicing, payment terms, device provisioning fees, and active enrollee tracking rates are governed by the specific SLA executed between Peabody Software, LLC and the subscribing agency.
Prepaid Credit Plans: For accounts operating under standard plans, each verification event consumes one (1) credit. Auto-replenishment, monthly allotments, and credit consumption rates are subject to your chosen plan level.
No Refunds: All payments for credits, software-as-a-service subscriptions, and device provisioning are non-refundable.
Service Suspension: Peabody Guardian reserves the right to suspend or limit access to the Services or terminate active enrollee tracking feeds if agency account balances or SLA invoices are past due.

12. Data Privacy and Global Compliance

You acknowledge that in the provision of Services, you act as the "Data Controller" (or "Business" under certain laws) and Peabody Guardian acts as the "Data Processor" (or "Service Provider"). You represent and warrant that:

You comply with all applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR) in the European Union, the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), and other similar state-level privacy frameworks (e.g., Virginia VCDPA, Colorado CPA).
You have provided all necessary notices and obtained all required consents from your end-users (including enrollees and protectees, as applicable) for the collection and processing of their device metadata, BLE tether status, and geolocation data by Peabody Guardian.
You will respect and facilitate the exercise of end-user rights (e.g., right to access, delete, or opt-out) as required by law, subject to lawful court-ordered retention exemptions.

Peabody Guardian Commitment: We will not sell, rent, or license any high-precision geolocation data or biometric/wristband metadata collected through the Services to any third parties for marketing, advertising, or data brokerage purposes.

13. Geolocation and Minors

The collection of high-precision geolocation data is subject to strict regulatory oversight, particularly concerning minors. You agree that:

You will not use the Services to collect data from any individual under the age of 13 in compliance with the Children's Online Privacy Protection Act (COPPA), or under the age of 16 (or 18, as applicable) in jurisdictions with enhanced minor protections (e.g., California's Age-Appropriate Design Code Act or Florida's Digital Bill of Rights), unless such collection is explicitly mandated by a valid judicial court order or parental consent as permitted by law.
You are solely responsible for implementing effective age-verification mechanisms if your application or program is directed toward, or likely to be used by, minors.
You will indemnify Peabody Guardian for any regulatory action or legal claim arising from your failure to restrict the use of our Services by minors in violation of applicable law.

14. Acceptable Use and Technical Restrictions

You shall not, and shall not permit any third party to:

Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Services or any software, applications, portals, wristband hardware, or documentation related to the Services.
Modify, translate, or create derivative works based on the Services.
Use the Services for timesharing or service bureau purposes or for any purpose other than your own authorized internal use for public safety, court compliance, and victim protection.
Attempt to probe, scan, or test the vulnerability of our systems, bypass active geofences, or breach any security or authentication measures.

15. Internal Data Use

Notwithstanding anything to the contrary, Peabody Guardian shall have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning customer data and data derived therefrom). Peabody Guardian will be free (during and after the term hereof) to use such information and data to improve and enhance the Services and for other development, diagnostic, and corrective purposes in connection with the Services and other offerings.

16. Export Control and Sanctions

You acknowledge that the Services, related software, and wristband tracking hardware may be subject to U.S. export control and sanctions laws and regulations. You represent and warrant that you are not (i) located in a country that is subject to a U.S. Government embargo (e.g., Crimea, Cuba, Iran, North Korea, Syria), or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) listed on any U.S. Government list of prohibited or restricted parties.

17. Eligible Customers; Prohibited Activities

Peabody Guardian provides its Services exclusively to judicial authorities, law enforcement agencies, correction departments, licensed security firms, and operators with authorized, lawful compliance tracking obligations. Under no circumstances may the Services be used for personal stalking, unauthorized surveillance, or tracking individuals without a valid court order, warrant, or explicit legal authorization.

If Peabody Guardian determines, at its sole discretion, that you are utilizing the Services for unauthorized tracking or prohibited activities, we reserve the right to immediately suspend or terminate your account without notice and without refund.