Terms & Conditions

1. Acceptance of Terms

By accessing and using this website, our services, or submitting any information to SysGuard LLC, you agree to be bound by these Terms & Conditions. If you do not agree to all terms and conditions contained herein, you may not use our services.

Your continued use of the SysGuard LLC website and services constitutes your acceptance of these terms. We reserve the right to modify these terms at any time. Your responsibility is to review these terms periodically for changes.

2. Services Description

SysGuard LLC provides the following services:

• Managed IT Services: Proactive monitoring, maintenance, and support of your IT infrastructure, systems, and networks
• Security Monitoring: Real-time threat detection, vulnerability assessments, and security incident response
• Systems Management: Database administration, backup and disaster recovery, performance optimization, and system patching
• Help Desk Support: Technical support for end-users, ticket management, and issue resolution
• Compliance & Reporting: Security audits, compliance reporting, and regulatory guidance

Services are provided on a contract basis as agreed between SysGuard LLC and the Client. Service level agreements (SLAs), response times, and specific deliverables are outlined in individual service agreements.

3. SMS Terms & Conditions (A2P Compliant)

3.1 Program Description

SysGuard LLC sends SMS messages for:

• Service updates and status notifications
• Appointment reminders and scheduling confirmations
• Support communications and ticket updates
• Security alerts and incident notifications
• Account information and billing notifications
• Important maintenance notifications

SMS messages are sent via our automated SMS delivery system to provide timely communications about your SysGuard LLC services.

3.2 How to Opt In

By submitting a web form on our website with your mobile phone number and checking the SMS consent checkbox, you are explicitly opting in to receive SMS messages from SysGuard LLC. You confirm that:

• You are the owner or authorized user of the phone number provided
• You consent to receive SMS messages from SysGuard LLC at the provided number
• You understand message and data rates may apply
• You have read and agree to these SMS Terms & Conditions

3.3 Message Frequency

Message frequency varies based on service activity. Clients typically receive 2-4 SMS messages per month, though frequency may increase or decrease depending on:

• Number of active support tickets
• Service maintenance schedules
• Security incidents or alerts
• Appointment scheduling needs
• Account changes or billing notifications

During security incidents or critical system events, message frequency may temporarily increase. Standard messaging rates apply.

3.4 Message & Data Rates

Message and data rates may apply depending on your mobile carrier and plan. SysGuard LLC is not responsible for any charges incurred by your mobile carrier for receiving SMS messages. Contact your carrier directly with questions about message rates or data charges.

3.5 How to Opt Out

3.6 How to Get Help

For assistance with our SMS program, you have the following options:

• Reply "HELP" to any SMS message to receive help information
• Visit our website contact form at www.sysguardllc.com/contact
• Email us at support@sysguardllc.com
• Call our support team at 305.666.3388 during business hours (Monday-Friday, 8 AM - 6 PM EST)

3.7 Supported Carriers

Our SMS program supports messages on the following major US carriers:

• AT&T
• Verizon Wireless
• T-Mobile
• Sprint
• Boost Mobile
• U.S. Cellular
• MetroPCS
• All other major US carriers and MVNOs

Our service works on most US-based mobile networks. International numbers may not be supported.

3.8 Carrier Liability

Mobile carriers are not liable for:

• Delayed or undelivered SMS messages
• Message content accuracy or completeness
• Any service interruptions or outages
• Any damages or losses resulting from SMS communications

SysGuard LLC is not responsible for carrier-related delays or failures in message delivery. If you do not receive expected messages, please contact us directly.

3.9 Consent Not a Condition of Purchase

SMS opt-in consent is NOT required to purchase or use SysGuard LLC services. You may decline to opt in to SMS messages, and your decision will not affect your access to services, pricing, or service quality. SMS communications are optional and provided as a convenience feature.

3.10 MMS Support

If your mobile phone does not support MMS (Multimedia Messaging Service) capabilities, messages may be delivered as standard SMS instead. This ensures you receive important communications regardless of device capabilities. No additional charges apply for MMS-to-SMS conversion.

3.11 Data & Privacy

Your phone number and SMS preferences are handled according to our Privacy Policy. We will not share your number with third parties outside of our SMS service provider without your consent. See Section 8 and our full Privacy Policy at www.sysguardllc.com/privacy.

4. Website Use & Acceptable Use Policy

By using our website, you agree to use it only for lawful purposes and in a way that does not infringe upon the rights of others or restrict their use and enjoyment of the website. Prohibited behavior includes:

• Harassing, causing distress or inconvenience to any person
• Obscene, offensive, or defamatory comments or content
• Disrupting the normal flow of dialogue within our website
• Attempting to gain unauthorized access to our systems
• Transmitting obscene or abusive language, files, or content
• Distributing unsolicited advertising or spam
• Attempting to disrupt or interfere with website functionality
• Reverse engineering, decompiling, or attempting to derive source code
• Using automated scripts, bots, or crawlers without authorization
• Impersonating other users or misrepresenting your identity

SysGuard LLC reserves the right to remove any content, suspend accounts, or take legal action against users who violate this policy.

5. Intellectual Property

All content, logos, graphics, software, and materials on the SysGuard LLC website and provided through our services are the exclusive property of SysGuard LLC or our content providers and are protected by international copyright, trademark, and other intellectual property laws.

5.1 License Grant

You are granted a limited, non-exclusive, non-transferable license to use our website and materials for personal, non-commercial purposes only, in accordance with these terms. This license does not permit you to:

• Reproduce, modify, or distribute any content without written permission
• Use any content for commercial purposes
• Remove or alter any copyright, trademark, or proprietary notices
• Sublicense, assign, or transfer your license to others
• Use automated tools to harvest or extract content

5.2 Client Data & Intellectual Property

Any data, systems, or materials provided by Client remain the sole property of Client. SysGuard LLC claims no intellectual property rights to Client data and will not use such data for any purpose other than providing contracted services.

5.3 Feedback & Suggestions

Any feedback, suggestions, or improvements you provide to SysGuard LLC may be used by us without restriction or compensation. You waive any claims regarding such feedback.

6. Disclaimers & Limitation of Liability

6.1 "As-Is" Disclaimer

The website and services are provided on an "AS-IS" and "AS-AVAILABLE" basis. SysGuard LLC makes no warranties, express or implied, regarding the website or services, including:

• Fitness for a particular purpose
• Merchantability or non-infringement
• Uninterrupted or error-free operation
• Absence of viruses or malicious code
• Accuracy or completeness of information

6.2 Limitation of Liability

To the maximum extent permitted by law, SysGuard LLC shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, business opportunity, or goodwill
• Cost of substitute services or goods
• Any damages arising from your use or inability to use the website or services

In no event shall SysGuard LLC's total liability exceed the amount paid by you to SysGuard LLC in the 12 months preceding the claim, or $100, whichever is greater.

6.3 Third-Party Content

SysGuard LLC is not responsible for third-party content, links, or services. Your access to third-party websites or services is at your own risk.

6.4 Service Interruptions

While we strive to maintain service availability, SysGuard LLC is not liable for temporary service interruptions, system maintenance, or events beyond our reasonable control.

7. Indemnification

You agree to indemnify, defend, and hold harmless SysGuard LLC, its officers, directors, employees, and agents from any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your violation of these Terms & Conditions
• Your use of our website or services
• Your violation of any applicable law or regulation
• Your infringement of any third-party intellectual property rights
• Content you provide or submit to us
• Your actions or omissions on our website

This indemnification obligation does not apply to claims arising solely from SysGuard LLC's gross negligence or willful misconduct.

8. Privacy

Your use of our website and services is also governed by our comprehensive Privacy Policy. Please review our Privacy Policy to understand our practices regarding the collection, use, and protection of your personal information.

Key privacy principles:

• We collect personal information only as necessary to provide services
• Your data is protected with industry-standard security measures
• We do not sell personal information to third parties
• You have the right to access, correct, or delete your personal data (as applicable under law)
• We comply with CCPA, GDPR, and other applicable privacy regulations

For complete details, visit our Privacy Policy or contact us directly.

9. Governing Law

These Terms & Conditions are governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising under these terms shall be subject to Florida law.

Jurisdiction: You consent to the exclusive jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida, for any legal disputes.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal legal proceeding, we encourage you to contact us to resolve disputes informally. Please send written notice of any dispute to support@sysguardllc.com with:

• Description of the dispute
• Details of the claim and amount in dispute
• Proposed resolution

We will attempt to resolve the matter within 30 days of receiving your notice.

10.2 Binding Arbitration

If informal resolution fails, you agree to submit the dispute to binding arbitration under the American Arbitration Association (AAA) rules, rather than court litigation, except for claims of intellectual property infringement or injunctive relief.

Arbitration will be conducted in Miami, Florida, and the arbitrator's decision shall be final and binding. Each party shall bear its own attorney fees and costs, unless the arbitrator awards fees to the prevailing party.

10.3 Class Action Waiver

You agree that any arbitration shall be conducted on an individual basis and not as a class action or class arbitration.

11. Changes to Terms

SysGuard LLC reserves the right to modify these Terms & Conditions at any time without prior notice. Changes are effective immediately upon posting to our website. Your continued use of our website or services following changes constitutes your acceptance of the modified terms.

We recommend reviewing these terms periodically to stay informed of any updates. For significant changes affecting your service, we will attempt to notify you via email or SMS (if opted in).

12. Contact Information

For questions about these Terms & Conditions, or to report violations, please contact SysGuard LLC: