Terms of Use

Smombie Guard is an application developed by SmombieSoft (Alexander Miehlke & Paul Vogelbusch GbR, Königstr. 24, 12105 Berlin). By installing Smombie Guard, you accept the following terms of use:

Range of Services

Smombie Guard is designed to protect smartphone users from road hazards by detecting walking or driving movements and then blocking the smartphone or apps with a warning. Smombie Guard does not replace the lack of attention needed in road traffic. As a parent, care must be taken to ensure that his or her child is alert and prudent in road traffic and can assess the dangers. Smombie Guard is a support tool. When driving, the use of the smartphone is prohibited. Smombie Guard helps the user of the smartphone by warning them to start an app and block the screen. Smombie Guard uses the acceleration sensor and Google Play services or GPS for the car detection. Of course, motion detection works only as well as the sensors that the smartphone has installed. Especially very cheap smartphones may have unreliable sensors. Depending on the motion pattern or step type, or if you are walking slowly or unevenly, it may happen that Smombie Guard displays the warning later or not at all. Also, a warning during driving may not appear or be delayed when the GPS signal is too weak, the GPS sensor that is used is too sensitive, or the Google Play services have been malfunctioning, turned off, or not updated.

technical requirements

The use of Smombie Guard requires that the user's smartphone meets the technical requirements set out in the Google Play Store. This applies, for example, for the operating system of the smartphone.

Conclusion of contract

The contract for the use of Smombie Guard is first made through the Google Play Store and the installation of the app on the smartphone. To use the paid version of Smombie Guard, the user can click on Buy shown in the app and will be redirected to the Google Play Store after confirming the terms of use. There, the further payment processing takes place. The contract can be concluded with us in German or English.
The user has the possibility to create a user account. You can use the app without a user account, too. However, certain functions can be used only or better when setting up a user account (e.g. Protect my child).

Costs

Smombie Guard can be used free of charge in the first 3 days after installation on the smartphone. After this period, Smombie Guard must be purchased. Smombie Guard can be activated at any time after purchase. For prizes see Google Play Store.
When installing and using Smombie Guard, the user may incur Internet connection costs which are dependent on the respective telecommunication contract or any other contracts and therefore can not be subject to these conditions.

Private Privacy

For information on data protection see our privacy policy

Rights of use

Smombie Guard is copyright protected. The user is granted the simple, non-transferable and unlimited right of use to the app for use by the user for his own non-commercial purposes.

Applicable law, place of performance and jurisdiction

German law shall apply exclusively to the exclusion of the UN purchase law. If the user is habitually resident in another Member State of the EU, the applicability of the compulsory consumer protection standards of that State shall remain unaffected. For all present and future claims arising out of or in connection with this contract with merchants, legal persons of public law or public special fund, exclusive jurisdiction shall be the registered office of the company SmombieSoft (Alexander Miehlke & Paul Vogelbusch GbR, Königstraße 24, 12105 Berlin). If the user does not have a general court of jurisdiction in Germany, moves his / her domicile or habitual place of residence out of the country or his domicile or habitual place of abode is not known at the time the appeal is brought forward, derogating provisions of Article 17 et seq Consumers remain unaffected.