1. About these terms
These terms form a contract between [Legal name of the business, e.g. "Your Name, trading as Guardy" or "Guardy Ltd (company no. …)"], of [Registered or trading address in the UK] (“we”, “us”), and the business that registers for Guardy (the “Customer”, “you”). The person who registers confirms that they have authority to accept these terms for that business. Our data processing agreement (the “DPA”) is part of these terms. Our privacy policy explains how we handle the personal data of people who use Guardy.
Guardy is a service for businesses only. It is not offered to consumers.
2. The service
Guardy is web software that helps estate and letting agents organise their anti-money-laundering work. It covers a firm-wide risk assessment and policy, client due diligence records, sanctions and PEP screening, suspicious activity reporting, staff training, document collection and an audit trail (the “Service”). We may improve or change the Service over time. We will not make a change that substantially reduces its core functions during a period you have already paid for.
3. Guardy is a tool, not compliance advice
You remain responsible for your own compliance. In particular:
- You are responsible for meeting your obligations under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, the Proceeds of Crime Act 2002, the Terrorism Act 2000, UK sanctions legislation and your supervisor’s guidance. Guardy does not make you compliant on its own.
- Generated policies, risk assessments, checklists and training are general templates. You must review them and adapt them to your business before relying on them. They are not legal advice.
- Screening relies on public sanctions lists and other third-party data. That data can be incomplete, delayed or wrong. Matching is automated and can miss a listed person or flag the wrong one. A result of “no match” does not prove a person is not sanctioned or politically exposed, and every possible match needs your own review.
- Risk ratings, high-risk country flags and consent deadlines (including the period after a defence against money laundering request) are calculated to help you. You must check them, especially against any notice from the National Crime Agency.
- Every decision is yours or your nominated officer’s, including whether to take on a client, whether to report a suspicion and whether to go ahead with a transaction.
4. Accounts and users
- You can add your own staff as users. You are responsible for what they do in Guardy and for removing access when someone leaves.
- Keep sign-in details confidential. We strongly recommend two-factor authentication for every user. Tell us straight away if you suspect an account has been compromised.
- The information you give us when you register must be accurate, and you must keep it up to date.
5. Acceptable use
You must not:
- use the Service unlawfully, or upload data you have no lawful basis to process;
- upload malware, or try to get into another customer’s data or any part of the system you are not authorised to use;
- overload, probe or disrupt the Service, or get round its usage limits or security;
- resell the Service or copy it, or reverse engineer it except where the law allows;
- use the screening tools to build or publish a list about individuals for any purpose other than your own due diligence.
6. Free trial, fees and payment
- New accounts get a 30-day free trial. No card is needed, and nothing is charged when the trial ends unless you subscribe.
- The subscription costs £35 a month and covers your whole team, plus VAT where it applies. It is billed monthly in advance through Stripe.
- The subscription renews each month until you cancel. You can cancel at any time from the Billing page, and cancellation takes effect at the end of the period you have already paid for. We do not refund part months, but this does not affect any rights you have by law.
- We can change the price with at least 30 days’ notice by email. The new price applies from your next billing date after the notice ends.
- If a payment fails and is not resolved, or your trial ends without a subscription, your account becomes read-only. You can still see and download your records, and you can still raise and decide suspicion reports.
7. Your data
- You own the data you put into Guardy (“Customer Data”). You give us permission to host and process it only to provide the Service, as set out in the DPA.
- For personal data within Customer Data, you are the controller and we are your processor. You must have a lawful basis for that data and must give the people concerned any privacy information the law requires.
- You can export your records at any time while your account exists. That includes client and report PDFs, the policy document and an audit log export.
- The Money Laundering Regulations require you to keep due diligence and transaction records, normally for five years after a business relationship or transaction ends. Before you ask us to delete your account, export everything you are required to keep.
8. Our responsibilities
- We will provide the Service with reasonable skill and care, and protect Customer Data as set out in the DPA.
- We aim to keep Guardy available at all times but do not guarantee uninterrupted service. There may be planned maintenance, ideally announced in advance, and outages caused by our providers or other events outside our control.
- We will not access Customer Data except to provide or support the Service, to keep it secure, or where the law requires.
9. Intellectual property
We own the Guardy software, its content and its design. While your account is active, you have a non-exclusive, non-transferable right for your users to use the Service for your business. Documents you generate in Guardy, such as your policy and reports, can be used and kept within your business indefinitely. If you send us feedback, we may use it freely.
10. Suspension
We may suspend access, in whole or in part, if needed to protect the Service or other customers, if you seriously or repeatedly breach these terms, or if the law requires it. Where it is reasonable, we will warn you first and limit the suspension to what is needed. Failed payments only make an account read-only (clause 6). They do not lead to suspension.
11. Ending the contract
- You can stop using Guardy at any time by cancelling your subscription. To close the account and have your data deleted, email [[email protected]] from an owner’s email address.
- We can end the contract with 60 days’ notice by email. If you materially breach these terms and do not fix the breach within 14 days of notice, we can end it straight away.
- If an account has been read-only for more than 24 months, we may close it after giving the owner 30 days’ notice by email.
- When an account is closed, we delete Customer Data as set out in the DPA. Clauses 3, 7, 9, 12 and 14 continue to apply after the contract ends.
12. Liability
- Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot legally be limited.
- We are not liable for loss of profit, revenue, business or goodwill, or for any indirect or consequential loss.
- To the extent the law allows, we are not liable for any fine, penalty or regulatory sanction imposed on you, or for the consequences of compliance decisions you make. Those remain your responsibility (clause 3).
- Otherwise, our total liability under or in connection with these terms in any 12-month period is limited to the greater of the fees you paid us in the 12 months before the event that gave rise to the claim, and £100.
13. Changes to these terms
We may update these terms. We will give account owners at least 30 days’ notice by email of any change that materially affects you. If you do not agree, you can cancel before the change takes effect. If you keep using the Service after that date, you accept the new terms.
14. General
- These terms, the DPA and any terms shown when you subscribe make up the whole agreement between us about the Service.
- Neither of us is liable for delay or failure caused by events beyond our reasonable control.
- You may not transfer this contract without our written consent. We may transfer it to a buyer of our business, provided your rights under it are not reduced.
- Nobody other than you and us has any right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999.
- If a court finds any part of these terms unenforceable, the rest still applies.
- We send notices to the owner’s email address in Guardy. You send notices to [[email protected]].
- These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.