Terms of Service

Consumer terms governing the purchase and use of GuardedPay Pro coverage authorizations.

GuardedPay Pro · Version 2.0 · Effective Upon Acceptance

PLEASE READ THESE TERMS CAREFULLY. BY PURCHASING GUARDEDPAY PRO COVERAGE OR ACCESSING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE, DO NOT PURCHASE COVERAGE OR USE THE PLATFORM.

1. About GuardedPay Pro and These Terms

GuardedPay Pro is a closed-loop coverage authorization platform operated by GuardedPay Pro, a Delaware limited liability company ("Company," "we," "us," or "our"). These Consumer Terms of Service ("Terms") govern your purchase and use of GuardedPay Pro coverage authorizations ("Coverage") and your access to the GuardedPay Pro platform ("Platform").

These Terms apply to all consumers who purchase Coverage through the Platform, whether accessed via the GuardedPay Pro website, a participating merchant's checkout interface, or any other digital access point through which Coverage is offered.

GuardedPay Pro is not a bank, financial institution, money transmitter, insurer, or payment processor. The Platform is a technology service that facilitates the issuance and use of closed-loop prepaid coverage authorizations. All goods and services are provided exclusively by participating merchants, who are solely responsible for product quality, safety, legality, and fulfillment.

2. Nature of GuardedPay Pro Coverage Authorizations

GuardedPay Pro Coverage is a closed-loop server-side coverage authorization issued solely by GuardedPay Pro. Coverage is:

No dollar balance is stored. No redeemable code, certificate, credit, or other instrument is issued to or held by you at any point between your original purchase and a qualifying coverage event. The Coverage authorization exists solely as a server-side pricing rule within the Platform environment and has no multi-transaction capability, no partial redemption feature, no remaining balance, no float, and no consumer-held redeemable identifier of any kind.

Coverage does not expire within the redemption window specified at the time of purchase. Coverage is issued solely as a closed-loop promotional replacement mechanism and carries the Limited Instrument Redemption Warranty described in Section 3.

3. Limited Instrument Redemption Warranty

3.1 What the Warranty Covers

Your Coverage purchase includes a Limited Instrument Redemption Warranty (the "Warranty"). The Warranty applies solely to the validity and usability of your GuardedPay Pro Coverage authorization as a closed-loop prepaid replacement mechanism. Specifically, the Warranty guarantees that your Coverage will be honored at face value by the Platform for a qualifying replacement order with the designated merchant during the applicable redemption window.

The GuardedPay Pro Warranty, as described to consumers, constitutes the Limited Instrument Redemption Warranty as defined herein. The Warranty covers your Coverage authorization — not the goods or services provided by any merchant.

3.2 How Coverage Works at Redemption

Upon a qualifying coverage event, you initiate a replacement order containing the same eligible SKUs from your original Order A. During checkout, the Platform validates SKU eligibility and applies the Coverage authorization in real time. The authorization offsets the replacement cart value for eligible items only, resulting in a $0.00 charge on those items. The authorization is consumed in the same atomic transaction as replacement order creation. It cannot exist independently of that transaction, cannot be partially utilized, and cannot be applied to any items outside the original order scope.

Upon completion of the replacement transaction, the authorization is extinguished. No remaining value persists.

3.3 What the Warranty Does Not Cover

The Warranty expressly does not cover:

GuardedPay Pro, is the issuer of the Coverage authorization and is not a third-party warrantor of any merchant product, service, procedure, or outcome under Florida Statute §634 or any other applicable law. All merchant goods and services are provided exclusively by the merchant, who bears full and sole responsibility for product quality, safety, legality, and fulfillment.

3.4 Warranty Duration

The Warranty is valid for thirty (30) days from the date of Coverage issuance, unless a different period is specified at the time of purchase.

3.5 Refund Protocol for Replacement Goods

If replacement goods are returned after a Coverage authorization has been consumed, the transaction is governed by the merchant's standard return policy for those goods. The Coverage authorization is not reinstated and no new authorization is created. No stored-value instrument arises from the return of replacement goods.

4. All Sales Final — Platform Resolution Process

4.1 All Sales Final

All sales of GuardedPay Pro Coverage are final upon issuance. By accepting Coverage, you irrevocably acknowledge and agree that your purchase is final and that the Platform resolution process described in Section 4.2 is your sole and exclusive remedy for any dispute, claim, or dissatisfaction arising out of or relating to your Coverage purchase or any associated merchant transaction.

THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR ANY CLAIM, DISPUTE, OR DISSATISFACTION ARISING OUT OF OR RELATING TO ANY GUARDEDPAY PRO TRANSACTION — WHETHER ARISING UNDER THE WARRANTY, UNDER ANY THEORY OF CONTRACT, TORT, CONSUMER PROTECTION, OR OTHERWISE — IS THE PLATFORM RESOLUTION PROCESS DESCRIBED IN SECTION 4.2. THE SOLE REMEDY IS REISSUANCE OF EQUIVALENT GUARDEDPAY PRO COVERAGE AUTHORIZATION. NO CASH, CHECK, STORE CREDIT, GIFT CARD, MONETARY COMPENSATION, CONSEQUENTIAL DAMAGES, OR PUNITIVE DAMAGES ARE AVAILABLE UNDER ANY CIRCUMSTANCES. THIS REMEDY CONSTITUTES REINSTATEMENT OF YOUR CLOSED-LOOP COVERAGE AUTHORIZATION ONLY AND DOES NOT CONSTITUTE COMPENSATION FOR REPAIR OR REPLACEMENT OF ANY CONSUMER PRODUCT OR SERVICE.

4.2 Platform Resolution Process

The GuardedPay Pro platform resolution process provides the primary mechanism for resolving all disputes relating to GuardedPay Pro Coverage transactions. If you believe your Coverage has not been honored at face value by the designated merchant during the applicable redemption window, you may initiate a resolution request through the Platform by contacting us at:

GuardedPay Pro Resolution

GuardedPay Pro,
721 US Highway 1, Suite 101, North Palm Beach, FL 33408
support@guardedpaypro.com

Upon receipt of a valid resolution request, Company will review the request and, at its sole and absolute discretion, issue reissuance of equivalent GuardedPay Pro Coverage authorization. This Coverage reissuance is your complete and sole remedy under these Terms. No cash, check, store credit, gift card, or monetary compensation of any kind is available as a remedy. The reissuance of GuardedPay Pro Coverage authorization constitutes reinstatement of your closed-loop prepaid replacement mechanism only and does not constitute compensation for repair or replacement of any consumer product or service under Florida Statute §634 or any other applicable law.

4.3 Statutory Rescission Rights

Nothing in these Terms waives any mandatory, non-waivable statutory right of rescission or cooling-off period expressly required by applicable federal or Florida law. To the extent any such right applies to your specific transaction, you retain only that specific non-waivable right. No other rescission, return, cancellation, or refund right is preserved, recognized, or extended by these Terms.

5. TCPA Consent — SMS and Email Communications

5.1 Express Written Consent

By purchasing GuardedPay Pro Coverage or creating an account on the Platform, you expressly consent to receive communications from GuardedPay Pro, and participating merchants, including:

These communications may be sent via SMS/text message, email, push notification, or other electronic means. Message and data rates may apply for SMS communications.

5.2 TCPA Compliance

Your consent to receive SMS communications constitutes express written consent under the Telephone Consumer Protection Act (47 U.S.C. § 227) and applicable FCC regulations. You understand that your consent is not a condition of purchase and that you may withdraw consent at any time.

5.3 Message Frequency and Opt-Out

Message frequency: one message per transaction event. Message and data rates may apply.

To opt out of SMS communications, reply STOP to any text message from us. You will receive a confirmation that you have been unsubscribed. After this, you will no longer receive SMS messages from us.

For help, reply HELP to any message, or contact us directly at support@guardedpaypro.com. Carriers are not liable for delayed or undelivered messages.

To opt out of email communications, click the unsubscribe link in any marketing email or contact us at support@guardedpaypro.com. Transactional and account-related messages may continue following opt-out as necessary to fulfill your Coverage transaction.

6. Privacy and Data Collection

6.1 Information We Collect

When you purchase Coverage or use the Platform, we may collect the following categories of information:

6.2 How We Use Your Information

We use collected information to: process and fulfill your Coverage transactions; operate, maintain, and improve the Platform; communicate with you regarding your account and transactions; comply with applicable legal and regulatory obligations; detect and prevent fraud, unauthorized access, and abuse; and send communications for which you have provided consent under Section 5.

6.3 Information Sharing

We do not sell your personal information. We may share your information with: participating merchants solely to the extent necessary to facilitate your Coverage redemption; third-party payment processors and technology service providers who support Platform operations under confidentiality obligations; and regulatory authorities or law enforcement as required by applicable law.

6.4 Data Security

We implement commercially reasonable technical and organizational measures to protect your information. However, no data transmission or storage system is completely secure. We cannot guarantee the absolute security of your information and are not responsible for unauthorized access resulting from factors beyond our reasonable control.

6.5 Your Rights

Depending on your state of residence, you may have rights to access, correct, delete, or port your personal information. To exercise any such rights, contact us at privacy@guardedpaypro.com. We will respond to verifiable requests within the timeframe required by applicable law.

6.6 Florida Residents

Florida residents may have additional rights under the Florida Digital Bill of Rights and other applicable Florida privacy statutes. Contact us at privacy@guardedpaypro.com for information specific to your rights as a Florida resident.

7. Intellectual Property

7.1 Platform Content

All content on the GuardedPay Pro Platform, including but not limited to the GuardedPay Pro name, logo, trademarks, trade dress, software, design, text, graphics, and user interface elements (collectively, "Platform Content"), is owned by or licensed to GuardedPay Pro, and is protected by applicable intellectual property laws including trademark, copyright, and trade secret law.

7.2 Limited License to You

GuardedPay Pro, grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for the purpose of purchasing and redeeming GuardedPay Pro Coverage in accordance with these Terms. This license does not include any right to: reproduce, distribute, or publicly display Platform Content; modify, adapt, or create derivative works from Platform Content; reverse engineer, decompile, or disassemble any Platform software; or use Platform Content for any commercial purpose without our prior written consent.

7.3 Prohibited Use of Trademarks

"GuardedPay Pro," "GuardedPay," and all associated logos and marks are trademarks of GuardedPay Pro. You may not use these marks in any manner that implies sponsorship, endorsement, or affiliation with GuardedPay Pro, without express prior written consent. Unauthorized use of our trademarks is strictly prohibited and may result in legal action.

7.4 Your Content

If you submit any content to the Platform, including reviews, feedback, or communications, you grant GuardedPay Pro, a non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, and display such content in connection with Platform operations. You represent that you have all rights necessary to grant this license.

8. Platform Access and Prohibited Conduct

You agree not to: use the Platform for any unlawful purpose; attempt to gain unauthorized access to any portion of the Platform or its related systems; interfere with or disrupt Platform operations; use automated tools, bots, or scrapers to access the Platform; impersonate any person or entity; or use the Platform in any manner that could damage, disable, or impair its operation. We reserve the right to suspend or terminate your access to the Platform at any time for violation of these Terms or for any other reason at our sole discretion.

9. Disclaimer of Warranties

THE PLATFORM AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND EXCEPT AS EXPRESSLY SET FORTH IN SECTION 3. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT UNINTERRUPTED, ERROR-FREE, OR SECURE OPERATION OF THE PLATFORM. COMPANY IS NOT RESPONSIBLE FOR ANY ACTS, OMISSIONS, OR FAILURES OF PARTICIPATING MERCHANTS OR THIRD-PARTY PAYMENT PROCESSORS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID FOR THE SPECIFIC COVERAGE TRANSACTION GIVING RISE TO THE CLAIM. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Dispute Resolution and Arbitration

11.1 Mandatory Binding Arbitration

ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS, YOUR COVERAGE PURCHASE, OR YOUR USE OF THE PLATFORM SHALL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS CONSUMER ARBITRATION RULES THEN IN EFFECT. THE ARBITRATION SHALL BE CONDUCTED IN PALM BEACH COUNTY, FLORIDA. THE ARBITRATOR'S AWARD SHALL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

11.2 Class Action Waiver

YOU EXPRESSLY AND IRREVOCABLY WAIVE ANY RIGHT TO BRING, PARTICIPATE IN, OR SEEK RELIEF THROUGH ANY CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING OF ANY KIND. ALL CLAIMS MUST BE BROUGHT SOLELY IN YOUR INDIVIDUAL CAPACITY.

11.3 Exception

Notwithstanding the foregoing, either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction to prevent irreparable harm pending resolution of a dispute by arbitration.

11.4 Pre-Arbitration Resolution

Before initiating arbitration, you agree to first contact us at support@guardedpaypro.com and allow thirty (30) days for us to attempt to resolve the dispute informally through the platform resolution process described in Section 4.2.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. For any matter not subject to arbitration under Section 11, the parties irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Palm Beach County, Florida.

13. Modifications to These Terms

GuardedPay Pro, reserves the right to modify these Terms at any time. We will provide notice of material changes by posting updated Terms on the Platform with a revised effective date, and where required by applicable law, by direct notice to you via email or SMS. Your continued use of the Platform or purchase of Coverage following the effective date of any modification constitutes your acceptance of the modified Terms.

14. General Provisions

Entire Agreement: These Terms, together with any purchase confirmation and applicable Platform disclosures, constitute the entire agreement between you and GuardedPay Pro, regarding your use of the Platform and purchase of Coverage, and supersede all prior agreements and understandings relating to the same subject matter.

Severability: If any provision of these Terms is held invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect.

No Waiver: Failure by Company to enforce any right or provision under these Terms shall not constitute a waiver of that right or provision. No waiver shall be effective unless made in writing.

Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may freely assign these Terms to any affiliate, successor entity, or acquirer.

Force Majeure: Neither party shall be liable for any delay or failure in performance resulting from causes beyond that party's reasonable control, including but not limited to acts of God, natural disasters, pandemic, government action, card network rule changes, banking system failures, cyberattacks, or third-party processor outages.

Contact Us: For questions about these Terms, privacy requests, or platform resolution inquiries, contact GuardedPay Pro, at:

GuardedPay Pro

721 US Highway 1, Suite 101, North Palm Beach, FL 33408
support@guardedpaypro.com