Gard Pro App Terms of Service
OVERVIEW
These Terms of Service ("Terms") govern your use of the GARD PRO mobile application (the "App"), the GARD PRO smartwatch software and firmware (the "Device Software"), the GARD PRO Coach feature ("Coach"), your GARD PRO account, and the connected services we provide through them (together, the "App Services").
The App Services are provided by RSF Group B.V., trading as GARD PRO, Chocoladeweg 6, 1381 DA Weesp, The Netherlands, registered with the Netherlands Chamber of Commerce under number 92424392, VAT number NL866038577B01 ("GARD PRO", "we", "us", "our"). References to GARD PRO in these Terms are references to RSF Group B.V.
These Terms are separate from our online store terms. Your purchase of a GARD PRO device from our website is governed by our Store Terms of Service and Refund Policy. These Terms govern your use of the software and services, not your purchase of hardware.
How we handle your personal information — including health and fitness data — is described in our App Privacy Policy, which forms part of these Terms.
By creating a GARD PRO account, or by using the App or the Device Software, you agree to these Terms. If you do not agree, do not create an account and do not use the App Services.
SECTION 1 THE APP IS NOT A MEDICAL DEVICE
This section is important. Please read it carefully.
1.1 The App Services and GARD PRO devices are intended for general wellness, fitness and lifestyle purposes only. They are not medical devices.
1.2 The App Services are not intended to diagnose, treat, cure, mitigate or prevent any disease or medical condition, and are not intended to be relied upon for any medical purpose.
1.3 Nothing provided through the App Services is medical advice. Readings, scores, trends, recommendations, training load figures, recovery estimates and any other output are informational only. They are not a substitute for professional medical advice, diagnosis or treatment.
1.4 Always seek the advice of a qualified physician or other healthcare professional with any question about a medical condition or before beginning, changing or stopping any exercise programme, diet or treatment. Never disregard professional medical advice, or delay seeking it, because of anything you have read or seen in the App Services.
1.5 In an emergency, contact your local emergency services immediately. The App Services do not detect medical emergencies, do not contact emergency services on your behalf, and must not be relied upon for that purpose.
1.6 You should not use the App Services to make decisions about medication, dosage, or any clinical intervention.
1.7 If you have a pacemaker, implanted defibrillator or other implanted electronic device, consult your physician before wearing a GARD PRO device.
SECTION 1A GARD PRO COACH
1A.1 Coach is an artificial intelligence system and not a natural person. In using Coach you are interacting with an automated system. No individual reviews your messages or the responses generated in reply to them.
1A.2 Coach provides general wellness guidance only. Coach is not a medical device, is not intended to diagnose, treat, cure, mitigate or prevent any disease or medical condition, and is not a substitute for professional medical advice. Section 1 applies to Coach in its entirety.
1A.3 Excluded functions. Coach is designed to decline, and will decline, any request to:
(a) assess a symptom, injury or physical complaint; (b) interpret a reading as normal, abnormal or concerning; (c) identify, predict or discuss a medical condition in connection with your data; (d) advise on medication of any kind; (e) provide therapy, counselling or mental health treatment; (f) respond to an emergency.
1A.4 Symptoms and emergencies. Where you describe a symptom, injury or emergency to Coach, it will decline the request and direct you to a healthcare professional or to emergency services. Coach will not attempt to provide assistance in those circumstances. This limitation is intentional.
1A.5 Self-harm and crisis. Where you describe thoughts of self-harm to Coach, it will decline the request and direct you to a crisis service in your country. Coach is not capable of providing crisis support and must not be relied upon for that purpose. In an emergency, contact your local emergency services.
1A.6 Professional review. The coaching logic underlying Coach is reviewed by qualified health and fitness professionals, who establish the parameters within which Coach operates. Those professionals do not review your individual messages, do not supervise your use of Coach, and are not your healthcare providers. No physician-patient, dietitian-client or equivalent professional relationship arises from your use of Coach.
1A.7 Limitations of automated output. Artificial intelligence systems may produce output that is inaccurate, incomplete or inappropriate to your circumstances. You should exercise your own judgement and discontinue any suggestion that is not appropriate for you.
1A.8 Age-restricted features. Where you are under 18, Coach will not provide guidance concerning fasting, weight-loss targets, body composition or supplements, and the guidance provided operates within limits established for younger users. Section 3 sets out the applicable age requirements.
1A.9 Automatic restriction of features. Where you are under 18, we monitor for behavioural patterns associated with disordered eating and will disable calorie, weight and body-composition features on your account automatically where such a pattern is identified. Such a restriction will not be reversed on request alone. Our App Privacy Policy sets out this processing and the means by which you may obtain human intervention in respect of the decision.
SECTION 2 ACCURACY AND LIMITATIONS OF MEASUREMENTS
2.1 Measurements produced by GARD PRO devices and the App are estimates. They are produced by consumer-grade sensors and algorithms and are not clinically validated unless we state otherwise in writing for a specific feature.
2.2 Accuracy can be materially affected by, among other things: how tightly and where the device is worn, movement and motion artefacts, skin tone, tattoos, ambient temperature, moisture and water immersion, body hair, circulation, and individual physiological variation.
2.3 Certain measurements are inherently less reliable in certain conditions and, where this is the case, we indicate it in the App. For example, heart rate readings taken while the wrist is submerged carry a lower confidence indication.
2.4 Some figures shown in the App are derived or logged rather than measured. Where a figure originates from information you or a plan you followed provided — for example exercises, repetitions or weights in a strength session — the App identifies it as logged rather than measured.
2.5 You should not treat any figure produced by the App Services as a clinical measurement, and you should not use any figure as the sole basis for a decision about your health.
SECTION 3 ELIGIBILITY AND YOUR ACCOUNT
3.1 You must be at least 13 years old to create a GARD PRO account.
3.1.1 Some features of the App Services are available only to users aged 18 and over, as described in Section 1A.8.
3.1.2 In several countries the law requires a parent or guardian to consent to the processing of a young person's personal information below a specified age, which ranges from 13 to 16 depending on the country. Where that applies to you and consent has not been given, you may not create an account. Our App Privacy Policy explains this.
3.1.3 A parent or guardian of a user under 18 who wishes that user's account to be closed may request closure by contacting support@gardpro.com.
3.2 By creating an account you confirm that the information you provide is accurate, current and complete, and that you will keep it up to date. Some features rely on the profile information you provide — for example, heart rate zones are calculated from your date of birth — and inaccurate information will produce inaccurate output.
3.3 You are responsible for keeping your account credentials confidential and for all activity that occurs under your account. Notify us at support@gardpro.com without undue delay if you believe your account has been accessed without your authorisation.
3.4 Your account is personal to you. You may not transfer, sell, assign, licence or share it with any other person.
3.5 You may close your account at any time from within the App or by contacting support@gardpro.com. Closing your account is not the same as deleting your data — see our App Privacy Policy for how to request deletion.
SECTION 4 LICENCE TO USE THE APP SERVICES
4.1 Subject to your compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable licence to install and use the App on devices you own or control, and to use the Device Software on a GARD PRO device you own, for your own personal, non-commercial purposes.
4.2 This is a licence, not a sale. We and our licensors retain all right, title and interest in the App Services, including all intellectual property rights in them.
4.3 You may not, and may not permit any other person to:
(a) copy, modify, translate or create derivative works of the App Services; (b) reverse engineer, decompile or disassemble any part of the App Services, or attempt to derive their source code, except to the extent this restriction is prohibited by applicable law; (c) rent, lease, lend, sell, sublicense or otherwise distribute the App Services; (d) remove, obscure or alter any proprietary notice; (e) use the App Services to build a competing product or service; (f) access the App Services by any automated means, or use any robot, spider, scraper or data-extraction tool against them; (g) circumvent, disable or interfere with any security, authentication or access-control feature; (h) install the Device Software on any device other than a genuine GARD PRO device, or install modified firmware on a GARD PRO device; (i) use the App Services in any way that is unlawful, or that could damage, disable, overburden or impair them.
4.4 We may suspend or terminate your access to the App Services if you breach this section.
SECTION 5 YOUR DATA AND YOUR CONTENT
5.1 You retain ownership of the health, fitness and activity data recorded through your GARD PRO device and the App ("Your Data"). We process it as described in the App Privacy Policy.
5.2 To provide the App Services we need permission to host, store, process, transmit and display Your Data. You grant us a licence to do so for that purpose, for as long as your account is open and for any retention period described in the App Privacy Policy.
5.3 We do not use your health and fitness data for advertising or marketing, and we do not sell it or share it with advertising partners. This is set out in full in the App Privacy Policy.
5.4 You may add content to the App such as session names, notes and photographs ("Your Content"). You are responsible for Your Content and you confirm that you have the rights to it and that it does not infringe anyone else's rights or breach any law.
5.5 We may remove Your Content if we reasonably believe it is unlawful, infringing or in breach of these Terms.
5.6 You can export Your Data from within the App. See the App Privacy Policy for the formats available and for how to request a copy or deletion.
SECTION 6 CONNECTED SERVICES AND THIRD-PARTY INTEGRATIONS
6.1 The App can connect to third-party services at your request, including Apple Health, Google Health Connect, Strava and Komoot.
6.2 These connections are optional, are only established when you enable them, and can be disconnected by you at any time from within the App or from within the third-party service.
6.3 When you send data to a third-party service, that data is then handled by that third party under their terms and privacy policy, not ours. We are not responsible for how a third-party service uses data once you have sent it there. Please read their terms before connecting.
6.3.1 Deletion of your GARD PRO account does not delete data previously transmitted to a connected service. Removal of such data must be requested from that service directly. Disconnection prevents further sharing; it does not recall data already transmitted.
6.3.2 Where a connection is two-way, activities you import from a connected service become part of your GARD PRO data and are handled under our App Privacy Policy from the point we receive them.
6.3.3 Route and location data shared with a service having a social or public element may disclose your home, workplace or place of study by reference to recurring start and end points. Both Strava and Komoot provide privacy zone functionality, the use of which is recommended.
6.4 We do not control third-party services and we do not guarantee their availability, accuracy or continued compatibility with the App Services.
SECTION 7 AVAILABILITY, UPDATES AND CHANGES
7.1 We aim to keep the App Services available but we do not guarantee uninterrupted or error-free operation. Availability may be affected by maintenance, updates, network conditions, third-party failures and events outside our control.
7.2 We may issue updates to the App and the Device Software. Some updates are necessary for security, safety, continued functionality or legal compliance, and the App Services may not work correctly if you do not install them.
7.3 We may add, change, suspend or discontinue features. Where a change materially reduces the functionality of the App Services, we will give you reasonable notice by a means appropriate to the change, unless the change is required urgently for security or legal reasons.
7.4 Certain features depend on the hardware capabilities of your device model. Features that require sensors your model does not have will not be available on that model.
7.5 The App Services are currently provided free of charge with a GARD PRO device. If we introduce paid features or subscriptions, we will give you clear notice of the price, the billing frequency and the renewal terms before you are charged, we will obtain your express agreement to the charge separately from your acceptance of these Terms, and cancellation will be no more difficult than signing up.
SECTION 8 ACCEPTABLE USE
You agree not to use the App Services:
(a) for any unlawful purpose or in breach of any applicable law or regulation; (b) to transmit any virus, malware or other harmful code; (c) to collect or track the personal information of any other person; (d) to impersonate any person or misrepresent your affiliation with any person or entity; (e) to harass, abuse, threaten, defame or harm any other person; (f) to interfere with or disrupt the App Services or the servers or networks connected to them; (g) to attempt to gain unauthorised access to any account, system or network; (h) in any way that could expose GARD PRO or any other user to liability.
SECTION 9 SUSPENSION AND TERMINATION
9.1 You may stop using the App Services and close your account at any time.
9.2 We may suspend or terminate your access to the App Services, with notice where reasonably practicable, if you materially breach these Terms, if we are required to do so by law, or if continued provision would create a security or safety risk.
9.3 Where the reason for suspension is capable of being remedied, we will tell you what is required and give you a reasonable opportunity to remedy it before terminating, unless doing so would be unlawful or would create a security risk.
9.4 On termination, your licence under Section 4 ends and you must stop using the App Services. Sections 1, 1A, 2, 5.1, 10, 11, 12, 13, 14 and 15 survive termination.
9.5 Termination does not by itself delete Your Data. To request deletion, see the App Privacy Policy.
SECTION 10 DISCLAIMER OF WARRANTIES
10.1 Subject to Section 10.2 and Section 12.2, and to the fullest extent permitted by applicable law, the App Services are provided "as is" and "as available", without warranties or conditions of any kind, whether express or implied, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement.
10.2 Nothing in these Terms excludes or limits any right you have as a consumer under the mandatory law of your country of residence. In the European Union, the United Kingdom, and other jurisdictions with mandatory consumer protection legislation, you have statutory rights in respect of digital content and digital services which are not affected by this section. Where mandatory law gives you a right that this section would otherwise exclude, that mandatory right applies.
10.3 Nothing in these Terms affects the statutory warranty ("conformity") rights that apply to the GARD PRO hardware you purchased. Those are addressed in the Store Terms of Service and Refund Policy.
SECTION 11 LIMITATION OF LIABILITY
11.1 To the fullest extent permitted by applicable law, GARD PRO will not be liable for any indirect, incidental, special, punitive or consequential loss, or for loss of profits, revenue, savings, business, goodwill or data, arising out of or in connection with your use of or inability to use the App Services.
11.2 Nothing in these Terms excludes or limits our liability for:
(a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) intentional misconduct or gross negligence; (d) any other liability that cannot be excluded or limited under the mandatory law applicable to you, including any mandatory consumer protection or product liability law.
11.3 Subject to Section 11.2, and to the fullest extent permitted by applicable law, our total aggregate liability arising out of or in connection with these Terms will not exceed the greater of (a) the amount you paid for the GARD PRO device to which your account is linked, or (b) EUR 100.
11.4 Because the App Services are provided free of charge with your device, this section should be read alongside the mandatory consumer protections referred to in Section 10.2, which are not affected by it.
SECTION 12 INDEMNITY
12.1 To the extent permitted by applicable law, you agree to indemnify and hold harmless GARD PRO and its officers, directors, employees and agents from any third-party claim arising out of your breach of these Terms, your violation of any law, or Your Content.
12.2 This section does not apply to the extent that you are a consumer and applicable mandatory consumer law prohibits it. In practice this means it has limited effect for consumers in the European Union and the United Kingdom.
SECTION 13 ADDITIONAL TERMS FOR APP STORE DISTRIBUTION
13.1 Apple App Store. If you obtained the App from the Apple App Store, the following applies:
(a) These Terms are between you and GARD PRO only, not with Apple. GARD PRO, not Apple, is solely responsible for the App and its content. (b) Your licence to use the App is limited to a non-transferable licence to use it on any Apple-branded product that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. (c) Apple has no obligation to provide any maintenance or support for the App. (d) In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to any warranty are GARD PRO's responsibility. (e) GARD PRO, not Apple, is responsible for addressing any claim by you or a third party relating to the App, including product liability claims, any claim that the App fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or similar legislation. (f) GARD PRO, not Apple, is responsible for investigating, defending, settling and discharging any third-party claim that the App infringes that third party's intellectual property rights. (g) You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties. (h) Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you.
13.2 Google Play. If you obtained the App from Google Play, your use is additionally subject to the Google Play Terms of Service. GARD PRO, not Google, is solely responsible for the App.
SECTION 14 GOVERNING LAW AND DISPUTES
14.1 These Terms are governed by the laws of The Netherlands.
14.2 If you are a consumer, this choice of law does not deprive you of the protection of the mandatory provisions of the law of the country in which you habitually reside, and you may bring proceedings in the courts of that country. Subject to that, the courts of Amsterdam, The Netherlands have jurisdiction.
14.3 If you are resident in the European Union, an alternative dispute resolution body may be available in your country. The European Commission's Online Dispute Resolution platform ceased operation in July 2025 and is no longer available. Please contact us in the first instance at support@gardpro.com and we will identify the body applicable in your country.
SECTION 15 GENERAL
15.1 Changes to these Terms. We may update these Terms. Where a change is material, we will notify you in advance by a reasonable means — for example in-app or by email — and tell you when it takes effect. If you do not accept a material change, you may close your account before it takes effect. Continuing to use the App Services after the effective date means you accept the change.
15.2 Severability. If any provision is held unenforceable, it is severed and the remainder continues in effect.
15.3 No waiver. Our failure to enforce any provision is not a waiver of it.
15.4 Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition or sale of assets, on notice to you, provided your rights are not reduced.
15.5 Entire agreement. These Terms and the App Privacy Policy are the entire agreement between you and GARD PRO in respect of the App Services, and supersede any prior agreement in respect of them. They do not supersede the Store Terms of Service, which govern your purchase.
SECTION 16 CONTACT
RSF Group B.V., trading as GARD PRO Chocoladeweg 6 1381 DA Weesp The Netherlands
Email: support@gardpro.com Chamber of Commerce (KvK) number: 92424392 VAT number: NL866038577B01
Last updated: 28-08-2026