Last updated: August 17, 2026
These Guardian Software Terms of Service (“Terms”) are a binding agreement between AVAIRY Forensic Solutions, LLC (“AVAIRY,” “we,” “us,” or “our”) and the organization that subscribes to or uses Guardian (“Customer,” “you,” or “your”). By signing an order form, clicking to accept, or accessing or using Guardian, you agree to these Terms. If you are agreeing on behalf of an organization, you represent that you are authorized to bind it.
These Terms, together with any order form and our Privacy Policy and Data Processing Agreement (where applicable), form the entire agreement for Guardian. These Terms supersede the BlueSentry Software Terms of Service for all subscriptions on or after the date above; BlueSentry was the former name of the platform now called Guardian.
“Guardian” / “Platform” / “Service” — AVAIRY’s software platform for public safety and local government, comprising the Modules described in Section 3 together with the shared console, administration, identity and audit facilities, and related features.
“Module” — a separately licensed component of the Platform. A Customer receives only the Modules identified in its Order.
“Customer Data” — data submitted to, or generated through, the Service by or for Customer. Depending on the Modules licensed this may include call recordings, transcripts, caller telephone numbers, routing and disposition records, bulletins and intelligence postings, attachments, acknowledgement records, direct messages, personnel roster and consent records, resident reports and contact data, examination content and results, and tip submissions.
“Authorized Users” — Customer personnel authorized by Customer to access the Service. Certain Modules also involve individuals who are not Authorized Users, including enrolled personnel who interact only by text message and residents who use a Customer’s public application.
“Order” — an order form, quote, or online signup describing the Modules, plan, fees, and term.
The Platform is licensed by Module. The following Modules may be made available; Customer’s Order governs which are enabled.
Guardian Switchboard — answers, understands, triages and routes calls on a Customer’s non-emergency and departmental lines.
Guardian Community — a Customer-branded mobile application for residents, including notifications, resident issue reporting, division content and an assistant that responds from Customer’s published information.
Guardian Rollcall — an internal, access-controlled workspace for departmental information sharing, including bulletins, structured BOLOs, attachments, acknowledgement records and direct messages.
Guardian Callout — personnel muster and recall, including tagged rosters, outbound notification to enrolled personnel, response tracking and an exportable contact-and-response record.
Guardian Check-In — scheduled outbound wellness calls to residents designated by Customer, with escalation configured by Customer.
Guardian Exam — authoring, administration, review and certification of promotional examinations.
Guardian Tipline — intake and routing of community tips. Tipline is under development and is licensed only where expressly identified in an Order.
AVAIRY may add, rename, modify or discontinue Modules and features. AVAIRY will not materially reduce the core functionality of a Module Customer is then paying for during a paid term without notice and a right to terminate the affected Module.
Subject to these Terms and payment of applicable fees, AVAIRY grants Customer a non-exclusive, non-transferable, revocable right to access and use the licensed Modules during the term, solely for Customer’s internal governmental or business purposes.
Customer must not: resell, sublicense or provide the Service to third parties except as expressly permitted for a Module; reverse engineer or attempt to derive source code; use the Service to build a competing product; circumvent access controls or usage limits; or permit access by anyone other than Authorized Users.
Access to a Module is enforced server-side. Enabling a Module for one department or division does not grant access for another.
Fees, billing frequency and term are set out in the Order. Unless the Order states otherwise, fees are billed in advance, are non-refundable except as expressly provided, and exclude taxes.
Certain Modules carry usage-dependent costs, including telephony minutes and text message segments. Where an Order specifies a fair-use allowance, AVAIRY may bill overage at the rate stated in the Order or, on notice, require a plan change.
Late amounts may accrue interest at the lower of 1.5% per month or the maximum permitted by law. AVAIRY may suspend the Service for material non-payment after reasonable notice.
Customer is responsible for: the accuracy and lawfulness of Customer Data; obtaining any consents, notices and authorizations required for Customer’s use of each Module; configuring routing, escalation, retention and access appropriately; managing Authorized Users and promptly removing access on separation; and maintaining the security of credentials.
Customer must not use the Service to harass, defame, or unlawfully surveil any person, to violate any law or any individual’s rights, or to transmit unlawful, infringing or malicious content.
Customer determines who its Authorized Users are, what content is published, to whom messages are sent, and what action is taken on information surfaced by the Service. AVAIRY does not exercise operational or investigative judgment on Customer’s behalf.
Guardian is not an emergency service and must not be used as one. No Module is a substitute for 911, emergency dispatch, or any emergency medical, fire, police or public-warning system, and none may be relied upon to summon emergency help or to issue life-safety warnings.
This applies to every Module without exception, including Switchboard call handling, Community notifications and weather relay, Callout recall, Check-In wellness calls, and Tipline intake. Customer must maintain proper, independent emergency call-handling and public-warning capability at all times.
Delivery of any message, call, notification or alert is best-effort and is not guaranteed, guaranteed-timely, or guaranteed to be received, read or acted upon.
Modules that place or answer telephone calls use automated speech systems. Customer is responsible for determining and satisfying the notice, consent and recording requirements applicable in its jurisdiction, including any two-party consent obligation, and for configuring any greeting or disclosure the law requires.
Automated systems can mishear, misclassify and misroute. Customer must not configure a Module so that a failure to understand a caller results in no path to a human where the circumstances require one.
Where a Module generates a summary, classification, disposition, briefing, draft examination item or similar output, that output is machine-generated and may be incomplete or wrong. It is Customer’s responsibility to review such output before relying on it for any operational, investigative, disciplinary or employment purpose.
Text messaging is subject to carrier and industry requirements, including brand and campaign registration. Customer will provide accurate registration information and cooperate with any carrier vetting. AVAIRY does not control carrier approval, filtering, throughput or delivery, and registration outcomes are not guaranteed.
Customer is responsible for the lawful basis of every message it sends and for honoring opt-out requests. Resident-facing messaging and personnel messaging operate under separate registrations, separate originating numbers and separate opt-out lists, and must not be combined. An opt-out by a member of the public does not remove personnel from operational messaging, and personnel enrollment does not constitute consent for public messaging.
a. Switchboard. Routing configuration, hours, escalation paths and the definition of an emergency handoff are set by Customer. AVAIRY does not warrant that any given call will be understood, classified or routed correctly.
b. Community. The application is published under Customer’s identity and Customer is responsible for its content, for responding to resident submissions, and for any representation made to residents about response times. Where the Module relays third-party weather or public-safety information, that relay is provided as a convenience, is not authoritative, and does not replace official warning channels. Resident issue reporting is not emergency reporting. Availability in any application marketplace is subject to that marketplace’s approval and is not guaranteed.
c. Rollcall. Rollcall may contain criminal intelligence, investigative and other sensitive information. Customer controls membership, division scoping and capability assignment, and is responsible for ensuring access is limited to personnel entitled to the information under applicable law and policy, including any criminal-intelligence, records-retention or discovery obligation. Rollcall is an information-sharing layer and is not a computer-aided dispatch or records management system of record.
d. Callout. Enrolled personnel are roster records, not Authorized Users, and interact only by message. Customer is responsible for the lawful basis of enrollment, for any collective-bargaining or contractual requirement governing recall order or overtime distribution, and for retaining the exportable contact-and-response record where required. Guardian Callout records response status only and does not collect or store responder location. Recall by message is best-effort and must not be the sole mechanism relied upon for a time-critical muster.
e. Check-In. Check-In is a scheduled contact program. It is not a medical, monitoring, alarm or emergency-response service, does not provide continuous supervision, and must not be presented to participants or their families as one. Customer defines the call schedule, the escalation path and the recipient of any escalation, and is responsible for acting on escalations.
f. Exam. Customer owns and is responsible for the examination content, the source material from which it is drawn, the weighting and scoring rules, eligibility determinations, and every personnel decision made in reliance on a result. AVAIRY provides the instrument only. AVAIRY does not warrant that any examination or result satisfies any civil-service, merit-system, collective-bargaining, validation or equal-employment requirement, and Customer is responsible for obtaining its own review of the process it adopts.
g. Tipline. Tipline is designed to discard identifying intake data and to avoid retaining a raw transcript. That design reduces the information available to AVAIRY and to Customer; it is not a representation that a submission cannot be attributed by other means, including by its content, by third-party carrier or network records, or by lawful process directed to a third party. Customer must not represent to the public that a submission is untraceable.
As between the parties, Customer owns Customer Data. Customer grants AVAIRY a limited right to host, process and transmit Customer Data solely to provide, secure and support the Service and as otherwise permitted in these Terms.
AVAIRY maintains administrative, technical and physical safeguards designed to protect Customer Data, including encryption in transit and at rest and role-based access control. Where a Module is used with criminal justice information, the parties will execute the applicable CJIS Security Addendum and Customer remains responsible for its own CJIS obligations, including personnel screening and training. References to CJIS-aligned controls describe AVAIRY’s security posture and are not a claim of certification by any authority.
Customer is responsible for responding to public-records, discovery and data-subject requests concerning Customer Data. AVAIRY will provide reasonable assistance at Customer’s request and expense.
AVAIRY does not sell Customer Data and does not use Customer Data to train generally available models for other customers.
AVAIRY uses third-party subprocessors to provide the Service, including cloud infrastructure, telephony and messaging carriers, speech and language processing providers, and mobile push notification services. AVAIRY remains responsible for its subprocessors’ performance of the obligations in these Terms and will make a current list available on request.
AVAIRY will use commercially reasonable efforts to make the Service available, excluding scheduled maintenance, emergency maintenance and events beyond AVAIRY’s reasonable control, including carrier, marketplace and upstream provider failures. Any committed availability target and support response times are those stated in the Order.
AVAIRY and its licensors retain all right, title and interest in the Service, including all software, models, interfaces and documentation, and all improvements to them. No rights are granted except as expressly stated. If Customer provides feedback or suggestions, AVAIRY may use them without restriction or obligation.
Each party will protect the other’s confidential information with at least reasonable care and use it only to perform under these Terms. Confidential information does not include information that is public through no fault of the receiving party, independently developed, or lawfully received from a third party. A party may disclose confidential information where required by law, giving prompt notice where legally permitted.
Each party warrants it has authority to enter into these Terms. AVAIRY warrants it will provide the Service in a professional and workmanlike manner.
Except as expressly stated, the service is provided “as is” and “as available.” AVAIRY disclaims all other warranties, express, implied or statutory, including merchantability, fitness for a particular purpose, non-infringement, and any warranty that the service will be uninterrupted, error-free, or that any call, message, classification, routing decision, notification, briefing, examination item or result will be accurate, timely, delivered, or fit for any particular operational, investigative, disciplinary or employment purpose.
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost data, or loss of goodwill, however caused and regardless of the theory of liability.
To the maximum extent permitted by law, AVAIRY’s total aggregate liability arising out of or relating to these Terms or the service will not exceed the fees paid by customer for the affected module in the twelve months preceding the event giving rise to the claim.
These limitations do not apply to a party’s indemnification obligations, to Customer’s payment obligations, or to liability that cannot be limited under applicable law.
AVAIRY will defend Customer against a third-party claim that the Service, as provided by AVAIRY and used in accordance with these Terms, infringes that party’s intellectual property rights, and will pay amounts finally awarded or agreed in settlement.
Customer will defend AVAIRY against a third-party claim arising from Customer Data, Customer’s configuration or operational use of the Service, Customer’s messages or publications, any personnel or employment decision made in reliance on the Service, or Customer’s breach of Section 6, 7 or 9, and will pay amounts finally awarded or agreed in settlement.
Each indemnity is conditioned on prompt notice, sole control of the defense, and reasonable cooperation.
These Terms begin on the Order effective date and continue for the stated term, renewing as the Order provides. Either party may terminate for material breach not cured within thirty days of written notice. AVAIRY may suspend access where necessary to protect the Service or comply with law.
On termination, Customer’s right to access the Service ends. Customer may request an export of Customer Data within thirty days of termination, after which AVAIRY may delete it in the ordinary course. Sections that by their nature should survive will survive.
These Terms are governed by the laws of the State of Ohio, without regard to conflict-of-law rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Lorain County, Ohio. Nothing in this Section limits a public entity’s rights or obligations under applicable law governing its contracts or dispute resolution.
These Terms are the entire agreement for the Service and supersede prior proposals and communications on the subject. If any provision is unenforceable, the remainder stays in effect. Neither party may assign these Terms without the other’s consent, except to a successor in interest. No waiver is implied by a failure to enforce. Notices must be in writing to the addresses in the Order or in Section 22.
AVAIRY may update these Terms. For material changes affecting a paid term, AVAIRY will provide reasonable notice and the updated Terms will take effect at the start of the next renewal term.
AVAIRY Forensic Solutions, LLC
121 North Leavitt Road #116
Amherst, OH 44001
[email protected]
+1.440.597.4600