Terms of Use

Effective November 9, 2025

These Terms & Conditions (“Terms”) govern the access and use of the Fitrockr software platform and related services (“Fitrockr”, “Service”, “Software”) provided by Digital Rebels GmbH (“Provider”, “we”, “us”). By purcvhasing, using or accessing Fitrockr, the Customer (“Customer”, “you”) agrees to be bound by these Terms.

1. Definitions

• Customer: The legal entity or individual using the Service.

• Authorized Users: Individuals authorized by the Customer to use the Service.

• Device: Wearables or sensors connected to Fitrockr.

• Data: Any data uploaded, transmitted, or generated through the Service.

• Subscription: The paid plan granting access to the Software.

2. Scope of Service

2.1 Fitrockr provides a cloud-based and on-premise platform for various use cases such as Research & Analytics, Clinical Trials, Hospitals, Defense, Elderly Care & Living, Patient Monitoring, Coaching, and Fitness Challenges. The platform provides features for wearable data ingestion, analytics, surveys, live streaming, and related functionalities.

2.2 The Service is provided as a subscription-based solution. No ownership of the Software is transferred.

2.3 Provider may introduce updates, improvements, and new features at its discretion.

2.4 The services are not designed, intended, authorized or warranted to be suitable for use in primary health monitoring, life support applications, devices or systems, or any enhanced emergency calling systems. If you are experiencing a medical emergency, call emergency.

3. Customer Obligations

3.1 Customer shall ensure that Participants, Administrators and Authorized Users comply with these Terms.

3.2 Customer is responsible for the configuration of the Fitrockr platform (settings made in the platform by its administrators).

3.3 Customer must maintain confidentiality of login credentials.

3.4 Customer shall not:

• Copy, modify, or create derivative works of the Software.

• Reverse engineer, decompile, or extract source code.

• Attempt to bypass security, licensing, or usage limitations.

4. Subscription, Fees, and Payment

4.1 Access to the Service requires a valid subscription.

4.2 Fees are specified in the Provider quote.

4.3 All fees are payable in advance unless otherwise agreed.

4.4 Provider may suspend access for overdue payments after prior written notice.

5. Data Protection & GDPR

5.1 Provider acts as Data Processor for Customer Data.

5.2 A separate Data Processing Agreement (DPA) governs details of personal data processing.

5.3 Provider implements industry‑standard security, encryption, and hosting practices.

5.4 Customer remains responsible for obtaining all necessary consents from participants.

6. Intellectual Property

6.1 All intellectual property rights in Fitrockr remain with the Provider.

6.2 Customer receives a non-exclusive, non-transferable, time-limited right to use the Service.

6.3 Logic, architecture, concepts, modules, and know-how of Fitrockr are not transferred.

6.4 Customer retains full ownership of all results, outputs, analyses, reports, and insights generated through their use of the Software within their project, including derived datasets, exported data, visualizations, survey outcomes, research findings, and scientific conclusions. Provider does not claim any rights to these project results.

7. Service Availability & Support

7.1 Provider aims to offer high availability but does not guarantee uninterrupted service.

7.2 Planned maintenance will be announced in advance when reasonably possible.

7.3 Support is provided to selected Customer administrators.

8. Warranties & Disclaimers

8.1 Service is provided “as is”.

8.2 Provider does not guarantee specific scientific, clinical, or commercial outcomes.

8.3 Provider is not liable for:

• Misconfigured devices

• Third-party device defects

• Wrongly recorded or missing data

• Network issues or data loss outside its control

9. Liability

9.1 Provider’s liability is limited to cases of gross negligence or intent.

9.2 Indirect damages (e.g., lost profits, consequential loss) are excluded.

9.3 Maximum aggregate liability shall not exceed the annual subscription fee paid.

10. Term & Termination

10.1 Subscriptions do not automatically renew unless otherwise agreed.

10.2 Either party may terminate for cause if the other materially breaches the Terms.

10.3 Upon termination:

• Access to the Service ends

• Customer is responsible to export Data prior end of Service

• Provider irreversibly deletes all data at the end of Service

11. Confidentiality

11.1 Both parties agree to keep confidential any non-public information.

12. Third‑Party Services & Devices

12.1 Fitrockr integrates with third‑party services (e.g., Garmin, Withings, Apple Health).

12.2 Provider is not responsible for availability or changes of these services.

13. Compliance & Acceptable Use

13.1 Customer must use the Service in compliance with all applicable laws.

13.2 Customer must not use the Service for illicit, harmful, or unethical activities.

14. Changes to Terms

Provider may update these Terms. Updates will be communicated in writing. Continued use after changes constitutes acceptance.

15. Governing Law & Jurisdiction

These Terms are governed by the laws of Germany. Jurisdiction is Berlin.

16. Contact

Digital Rebels GmbH

Friedrichstraße 114A

10117 Berlin, Germany

Email: hello@fitrockr.com