myBodyguards.net

... social bodyguard network

Terms Conditions of myBodyguards® App

A. Subject matter and scope of these Terms of Use

A1:The utilization of the „myBodyguards® App“ („App“) offered by marketerSmile Aktiengesellschaft, Beim Steinernen Kreuz 5, 79112 Freiburg i. Br., Germany, represented by its chairman Clemens Wichmann („Provider“), is governed solely by these terms of use. The use of the offered deviating conditions of the users are not applicable, unless the provider expressly agrees to their validity.

A2: If the app is downloaded from a third-party app, such as the Apple AppStore (for iOS devices) or the Google Play Store (for Android devices), the third-party provider's terms and conditions apply in the event of any inconsistency with these terms of use.

A3: The terms of use are publicly accessible on the internet under the website http://myBodyguards.net and via internet-compatible devices (computers, smartphones, tablets) available. The user can print out the conditions of use or download them and save them permanently on an electronic data carrier.

A4: The provider is entitled to change or supplement the conditions of use with effect for the future at any time. However, the changes or additions may not adversely affect the user in breach of good faith. Changes or additions shall be communicated to the user at least two weeks before the entry into force by means of an e-mail or SMS to the contact data provided by the user. The consent of the user shall be deemed to have been granted if he has not notified his rejection in writing before the proposed date of the change in the amendments or additions, and the timely sending of the declaration is sufficient to safeguard the deadline.


B. Registration

B1: The active access to the use of the provider's services requires a registration in which the user can specify personal properties. By registering, the user expressly agrees with the applicable terms of use of the provider. By logging in, the user is given the opportunity to create a profile for himself, to be accompanied by a companion in the context of the offered services of the provider and to communicate with his companions.

B2: The user is obligated to communicate full and truthful information to the provider when registering. In case of a later modification of the data, the user will inform the provider thereof. The provider is not responsible for incorrect or incomplete information of the user.


C. Granting of Rights

C1: The Provider grants the User the non-exclusive, non-transferable and non-sublicensable right to exclusively use the App in accordance with the terms of these Terms of Use.

C2: The permissible use includes, in particular, the installation of the app after its legal download as well as the intended use within the framework of the offered services. The user is strictly prohibited from renting the app to third parties or making it publicly available to third parties (for example on the Internet).


D. Services and functions of the app

D1: The app allows registered users to join the company electronically. Accompanied by another registered user, who will be informed about the app as a possible companion and the respective accompaniment ("virtual companion"). For the duration of the respective accompaniment, the "virtual companion" can track the location of the accompanying person in real time via the map function of the app, and with it, e.g. Communicate via telephone or chat. In emergencies, the registered user can also send emergency calls to a "virtual companion" via the app.

D2: In order to be supported virtually, the registered user must select the appropriate function via the app. Subsequently, the virtual accompaniment is started by the provider's software. During the virtual accompaniment, the current location of the accompanying person is recorded by the app so that it can be transmitted to the "virtual companion" in the event of a help call. The app does not store a personal motion profile. Only in the case of a help call, the app saves the last location as long as the technical requirements are fulfilled. The accompanying person can terminate the accompaniment at any time via the intended function in the app.

D3: If the registered user wishes the virtual accompaniment by a third party, he can send him a corresponding request via the app. A prerequisite for this is the installation of the app at the third party. If the third party is not yet a registered user of the app, the registered user can send the third party an SMS, a message via a comparable messaging service or social media channel on his terminal using the link and the link to download the app , The third person has to purchase the app, if necessary. The registered user will only pass on the invitation for an escort to those persons who can be sure that they agree to the request to accompany the application.If the registered user wishes the virtual accompaniment by a third party, he can send him a corresponding request via the app. A prerequisite for this is the installation of the app at the third party. If the third party is not yet a registered user of the app, the registered user can send the third party an SMS, a message via a comparable messaging service or social media channel on his terminal using the link and the link to download the app , The third person has to purchase the app, if necessary. The registered user will only pass on the invitation for an escort to those persons who can be sure that they agree to the request to accompany the application.

D4: If a help call is sent via the app, the app immediately establishes a telephone connection between the accompanying person and their "virtual companion", provided the necessary technical conditions are met (for example, faulty reception). The help call can be set off by the accompanying person.

D5: If a help call is issued via the app, the transmitted GPS coordinates of the last location as well as the existing personal data of the accompanying person are stored. In this case, the "virtual companion" may in this case, for example, inform the public authorities, such as professional services, of these data and transmit these to the accompanying person as quickly as possible.


E. Technical requirements for using the app

E1: The use of the services requires an Internet- and GPS-enabled mobile terminal. The operating system iOS or Android must be installed in the version specified at the time of the download as a minimum requirement. To use the app's voice help call feature, a phone connection to another mobile device is required. The full use of the services also requires an Internet connection with sufficient data transmission rate, as well as the activation of the GPS signal at the mobile terminal of the accompanying person. For communication in the context of a help call and the data connection, connection charges may arise according to the tariff of the mobile radio provider chosen by the registered user.

E2: The provider reserves the right to adapt the services of the app by means of updates to the technical or actual developments. For this purpose, it may be necessary to keep the operating system of the mobile terminal as well as the app up to date for further use. Updates can lead to the fact that especially older devices do not meet the technical requirements in the future or only to a limited extent.


F. Important information about the functionality and the user's responsibilities

F1: The app must not be blindly familiar. As with all technical systems, failures, faults or faults can not be ruled out. It is the user's responsibility to always behave in such a way that neither his own safety nor the safety of third parties is impaired.

F2: The functionality and operational availability of the mobile device of the registered user (in particular GPS function, data transmission and telephony) are a prerequisite for the use of the app and falls within its area of responsibility. The use of the app also requires the functionality and operational availability of the mobile network operator's mobile network, for which the provider is not responsible and whose interference-free use of the provider can not guarantee. The services of the app can be affected, in particular, by bad or missing transmitting and receiving areas in the mobile radio network (e.g., remote locations without a mobile network, tunnel, etc.) without the provider being able to influence this.

F3: In case of a help call, the services of the provider end with the transmission of the data to the "virtual companion". The provider assumes no responsibility for the availability and / or the behavior of the "virtual companion" following a help call.

F4: The provider will endeavor to provide the users with the services of the app 24 hours a day throughout the year. However, the provider can not guarantee uninterrupted availability of the services. Impairments of availability, which are not within the sphere of influence of the provider, may arise, for example, due to force majeure, including administrative orders, interferences of third parties (to which the provider has no influence) or lack of technical prerequisites or technical impairments on the part of the user or the mobile operators. However, impairments are also possible with improvements or extensions of the app's services (eg maintenance, repair, updates). The supplier shall always endeavor to eliminate such disturbances without delay or to work towards the elimination. In the event of scheduled maintenance or updates, the provider will take into account the legitimate interests of the user and perform these particularly in low-usage times.


G. Purchase and costs of the app

G1: The app can be purchased by a third party, for example, via the Apple AppStore (for iOS devices) or the Google Play Store (for Android devices), if applicable. The purchase of the app, the payment of the fee and the download via the third-party provider are not subject to these terms of use.

G2: For the use of the services, the provider does not charge an app (additional) after their subscription via a third-party provider.


H. Advertising inserts and an additional offer of registration under the platform marketerSmile.com

H1: When you use the app, users are shown advertising for products from the app's advertising partners. When registering, the user agrees that the provider may use the personal data of the user profile and current location data to select and display the advertisement. There is no other transfer of personal data to the advertising partners of the app.

H2: Within the framework of the user registration, the user is asked whether he also wants to be informed without obligation about other products of the provider or of the companies associated with the provider. The user receives corresponding information only if he explicitly agrees to this by clicking on the checkbox. The User may revoke his consent at any time to the Provider with immediate effect.

H3: If the registered user has declared his consent and is at least 18 years old, he / she is also given the opportunity to use the advertising platform marketerSmile.com by means of a separate registration, via which he can become an advertising partner of the app or other internet applications. If the user explicitly agrees, the provider is entitled to use the e-mail address, which has already been deposited by the user, as part of the registration under the advertising platform. The advertising platform marketerSmile.com is subject to separate conditions of use.


I. Term and Termination

I1: The usage contract runs indefinitely.

I2: The registered user can terminate the usage agreement at any time without notice by the appropriate function in the app. The provider is entitled at all times to a regular termination of the usage contract with a period of two weeks.

I3: The right to extraordinary termination without notice for good cause remains unaffected. An important reason for the offerer is in particular: (a) if the registered user uses abusive use of the services of the app, (b) in particular calls for help, even though the lack of an emergency is known to him, (c) if he uses the app to spread illegal or illegal content.


J. Limitation of Liability

J1: The provider is always liable for claims resulting from damages caused by the provider, the legal representatives or the vicarious agents of the provider without limitation in case of injury to life, body or health, in case of willful or grossly negligent breach of duty, with given guarantees and as far as The scope of application of the Product Liability Act.

J2: In the event of a breach of essential contractual obligations, the fulfillment of which is permissible for the proper execution of the contract at first and on which the contractual partner may regularly rely (cardinal obligations) caused by slight negligence on the part of the supplier or the legal representatives or vicarious agents of the supplier According to the damage foreseeable at the time the contract is concluded, which must typically be expected to arise.

J3: Furthermore, claims for damages are excluded.


K. Data Protection

K1: The provider is aware that privacy is an important and very sensitive issue for users. The provider will comply with the legal data protection regulations, in particular those of the Federal Data Protection Act and the Telemediengesetz (Telemedia Act).

K2: In addition, the data protection declaration, which can be accessed at www.myBodyguards.net.


L. Note in accordance with § 36 of the Consumer Discrimination Act (VSBG); Applicable law

L1: Compulsory notice in accordance with § 36 VSBG: The provider is not willing and obliged to participate in dispute resolution proceedings before a consumer sacking office.

L2: The law of the Federal Republic of Germany shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods if the user has his habitual residence in Germany or if the user has his / her stay in a state that is not a member of the European Union (EU). In the event that the user is habitually resident in a Member State of the EU, the applicability of German law shall also apply without prejudice to any mandatory provisions of the State in which the user is habitually resident.

Version 2.0 - May 2017