These Terms & Conditions ("Terms") govern your access to and use of the Security Guard Management System (SGMS), including its web portal and mobile applications (the "Service"), provided by Bastian Ltd. ("we," "us," "our"). By signing in or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
The Service is for authorized users of security companies and their clients in the United States. You must be at least 18 years old and have authority to act for your organization. Accounts are issued by your employer or an administrator. You are responsible for keeping your credentials confidential and for all activity under your account. Notify us immediately of any unauthorized use.
Subject to these Terms and your organization's agreement with us, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Service solely for your organization's internal security operations. We and our licensors retain all rights in the Service.
You agree not to:
Guards acknowledge that the mobile app collects GPS location, device information, and activity data during active shifts and patrols as described in the Privacy Policy, and that this information is available to their employer and, where configured, the site client. Employers are responsible for giving guards any additional notices and obtaining any consents required by federal and state law, including state employee-monitoring and location-tracking laws.
You and your organization retain ownership of the data and content submitted to the Service ("Customer Content"). You grant us a limited license to host, process, and display it to provide and support the Service. You are responsible for the accuracy and legality of Customer Content and for having all necessary rights and permissions to submit it, including for visitors and other third parties whose information you enter.
The Service is a recordkeeping and operations tool. Your organization is solely responsible for compliance with all laws applicable to its operations, including state security-guard licensing requirements, wage-and-hour laws (such as the Fair Labor Standards Act and state meal/rest-break rules), labor and employment laws, and privacy laws. Nothing in the Service is legal advice.
SGMS emergency and panic alerts are supplementary tools and are not a substitute for calling 911 or local emergency services. Alerts depend on device, network, and GPS availability and may be delayed or fail. We do not monitor alerts on your behalf unless a separate written agreement says so.
The Service may rely on third-party services such as mapping, SMS/email, and push notifications. Your use of those may be subject to the providers' terms, and we are not responsible for their availability or performance.
We work to keep the Service available but do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue features, and may perform maintenance, with or without notice.
We or your organization's administrator may suspend or terminate your access at any time for violation of these Terms or to protect the Service or others. Upon termination, your right to use the Service ends. Sections that by their nature should survive (including 5, 11, 12, 13, and 14) will survive.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT GPS DATA, TIMESTAMPS, OR ALERTS WILL BE ACCURATE, TIMELY, OR COMPLETE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BASTIAN LTD. AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, OR GOODWILL, OR FOR ANY LOSS ARISING FROM SECURITY INCIDENTS AT A SITE, ARISING OUT OF OR RELATED TO THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNTS PAID TO US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS, SO THESE MAY NOT APPLY TO YOU.
You and your organization will indemnify and hold us harmless from claims, damages, and expenses (including reasonable attorneys' fees) arising from your Customer Content, your violation of these Terms or applicable law, or your security operations.
These Terms are governed by the laws of the State of [State] and applicable U.S. federal law, without regard to conflict-of-law rules. Any dispute will be brought exclusively in the state or federal courts located in [State], and you consent to their jurisdiction, except that either party may seek injunctive relief in any court of competent jurisdiction. Nothing in these Terms limits rights that cannot be waived under applicable law.
We may update these Terms from time to time. The updated version will be posted with a new effective date; continued use after that date means you accept the changes.
These Terms, together with the Privacy Policy and any written agreement with your organization, are the entire agreement regarding the Service. If a provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent.
Questions about these Terms: info@bastianss.com, or Bastian Ltd., [Company mailing address, City, State ZIP], United States.
Contact: Bastian Ltd., [Company mailing address, City, State ZIP], United States · info@bastianss.com