Terms of Use

Last updated: September 19, 2026

These Terms & Conditions (“Terms”) govern the access to and use of the Fitrockr software platform and related services provided by Digital Rebels GmbH, Friedrichstraße 155, 10117 Berlin, Germany (“Fitrockr”, “Provider”, “we”, “us” or “our”).

These Terms apply to business customers, research organizations, healthcare organizations, public-sector organizations and other professional customers (“Customer”).

By entering into an order, subscription, quotation, order form, statement of work or other agreement referencing these Terms (collectively, an “Order”), the Customer agrees to these Terms.

These Terms do not apply to consumers acting primarily outside their commercial or professional activity. Separate consumer terms may apply where Fitrockr expressly offers a consumer service.

1. Definitions

For purposes of these Terms:

1.1 “Authorized User”

means an individual whom the Customer has authorized to access or use the Service under the Customer’s account, including administrators, employees, researchers, healthcare professionals, contractors and other authorized persons.

1.2 “Customer Data”

means data, content, information and files submitted to, uploaded to, transmitted through, or otherwise provided to Fitrockr by or on behalf of the Customer or its Authorized Users in connection with the Service.

Customer Data may include personal data, health data, research data, wearable data, survey responses, measurements, reports and other information.

1.3 “Device”

means a wearable device, sensor, mobile device or other hardware connected to or used with Fitrockr.

1.4 “Documentation”

means Fitrockr’s user documentation, technical documentation and other materials describing the functionality or use of the Service.

1.5 “Order”

means a quotation, order form, statement of work, subscription agreement or other commercial document agreed between Fitrockr and the Customer that identifies the applicable Service, subscription, fees, term or other commercial conditions.

1.6 “Service”

means the Fitrockr software platform and associated services made available to the Customer under an Order, including applicable cloud-hosted, API, application, analytics, survey, data-ingestion, live-streaming and related functionality.

1.7 “Software”

means Fitrockr software, including applications, APIs, modules, interfaces, code, documentation and related technology made available by Fitrockr.

1.8 “Subscription”

means the subscription purchased by the Customer for access to the applicable Service.

1.9 “Third-Party Services”

means services, platforms, APIs, wearable systems, software or infrastructure provided by third parties and integrated with or used in connection with Fitrockr.

1.10 “Project”

means the Customer’s particular research, clinical, healthcare, wellness, workplace, defense, fitness or other use case implemented using Fitrockr.

2. Contract Documents and Order of Precedence

The contractual relationship may consist of:

1. the applicable Order;
2. these Terms;
3. the Data Processing Agreement (“DPA”), where applicable;
4. applicable Service Level Agreement (“SLA”), where agreed;
5. Documentation;
6. other written agreements expressly incorporated into the Order.

In the event of a conflict:

1. mandatory applicable law prevails;
2. the DPA prevails over these Terms with respect to data protection and personal-data processing;
3. an applicable SLA prevails over these Terms with respect to service levels;
4. the Order prevails over these Terms with respect to commercial terms expressly addressed in the Order;
5. these Terms apply to all other matters.

Any terms contained in a Customer purchase order or similar document do not modify these Terms unless expressly accepted in writing by Fitrockr.

3. Scope of the Service

3.1 Platform

Fitrockr provides software and related services for collecting, integrating, managing, analyzing and presenting data from wearable devices, sensors and other sources.

Depending on the applicable Order, functionality may include:

* wearable-data ingestion;
* health and fitness data synchronization;
* APIs;
* dashboards;
* analytics;
* surveys;
* ePRO/eCOA functionality;
* live data streaming;
* activity tracking;
* location functionality;
* reporting;
* research functionality;
* clinical-trial functionality;
* patient monitoring;
* coaching;
* fitness challenges;
* data exports;
* integrations with third-party services.

3.2 Cloud and on-premise deployments

Fitrockr may be provided as:

* cloud-hosted software;
* dedicated or private cloud infrastructure;
* Customer-hosted or on-premise software;
* isolated or air-gapped deployments;

where expressly agreed in the applicable Order.

The functionality, support model, update process and security responsibilities may differ between deployment models.

3.3 No transfer of ownership

The Service is licensed or made available on a subscription basis.

Except for the limited rights expressly granted under these Terms, no ownership of the Software or Fitrockr intellectual property is transferred to the Customer.

3.4 Changes to the Service

Fitrockr may modify, improve, update or discontinue individual features of the Service.

Fitrockr will not intentionally remove a material core functionality during an active subscription term without reasonable notice, except where necessary for:

* security;
* legal or regulatory compliance;
* third-party technology changes;
* prevention of misuse;
* circumstances outside Fitrockr’s reasonable control.

Where a material reduction in the agreed core functionality occurs, the Customer’s contractual remedies will be governed by the applicable Order and mandatory law.

4. Intended Use and Medical Disclaimer

4.1 General software functionality

Fitrockr is a software platform for data collection, management, analysis and related functionality.

Unless expressly agreed and documented for a particular product or Project, Fitrockr is not intended to replace professional medical judgment.

4.2 No emergency service

Fitrockr is not an emergency-response service and is not designed, intended or warranted to:

* provide emergency medical response;
* replace emergency services;
* function as a life-support system;
* serve as a primary emergency communication system;
* guarantee continuous monitoring;
* guarantee delivery of an alert;
* guarantee that a wearable device will function at all times.

In an emergency, users should contact the appropriate emergency service.

4.3 Medical-device status

Nothing in these Terms is intended to determine whether a particular Fitrockr configuration constitutes a medical device or medical-device software under applicable law.

Where Fitrockr is supplied for a regulated medical-device use case, the applicable intended purpose, regulatory documentation and contractual requirements will govern.

The Customer must not use Fitrockr for a regulated purpose for which the applicable Fitrockr product has not been designed, documented or authorized.

5. Customer Responsibilities

The Customer is responsible for:

5.1 Account administration

* maintaining accurate account information;
* maintaining the confidentiality of credentials;
* managing Authorized Users;
* promptly disabling unauthorized accounts;
* ensuring that Authorized Users use the Service appropriately.

5.2 Configuration

The Customer is responsible for configuring the Service according to its intended Project, including:

* user permissions;
* data sources;
* participant settings;
* collection intervals;
* questionnaires;
* dashboards;
* alerts;
* integrations;
* data-retention settings where configurable.

5.3 Lawful use

The Customer is responsible for ensuring that its use of Fitrockr complies with applicable laws and regulations, including where relevant:

* data-protection laws;
* healthcare laws;
* clinical-trial requirements;
* research regulations;
* employment law;
* consumer-protection laws;
* medical-device regulations;
* export-control and sanctions laws.

5.4 Participant information

Where the Customer is responsible for collecting data from participants, employees, patients or other individuals, the Customer is responsible for providing the required privacy information and obtaining any legally required consent, authorization or other lawful basis.

5.5 Data quality

The Customer is responsible for determining whether Customer Data is sufficiently accurate, complete and suitable for its intended Project.

6. Acceptable Use

The Customer shall not:

1. use the Service unlawfully;
2. use the Service to infringe the rights of others;
3. attempt to gain unauthorized access;
4. circumvent security or access controls;
5. interfere with the operation of the Service;
6. introduce malicious code;
7. conduct unauthorized penetration testing without prior written authorization;
8. reverse engineer, decompile or disassemble the Software except to the extent expressly permitted by mandatory law;
9. copy the Software except as expressly permitted;
10. remove proprietary notices;
11. use the Service to develop a substantially competing product by systematically copying or extracting protected functionality;
12. use automated means to access the Service in a manner that materially exceeds documented API or usage limits;
13. resell or sublicense the Service unless expressly authorized;
14. use the Service to process data in a manner that violates applicable law.

Nothing in these Terms prohibits activities that cannot legally be prohibited under mandatory applicable law.

7. Authorized Users and Security

The Customer is responsible for all activity conducted through its accounts, except to the extent caused by Fitrockr’s breach of its contractual obligations.

The Customer shall:

* keep credentials confidential;
* use appropriate authentication controls;
* restrict access according to user roles;
* promptly notify Fitrockr of suspected unauthorized access;
* ensure Authorized Users comply with these Terms.

The Customer shall not share individual login credentials unless expressly supported by the Service.

Fitrockr may suspend or restrict an account where reasonably necessary to protect the Service, Customer Data, other customers or the security of the platform.

8. Customer Data

8.1 Ownership

As between Fitrockr and the Customer, the Customer retains all rights in Customer Data.

Nothing in these Terms transfers ownership of Customer Data to Fitrockr.

8.2 License to operate the Service

The Customer grants Fitrockr a limited, non-exclusive, worldwide license to host, copy, transmit, process and otherwise use Customer Data solely as necessary to:

* provide the Service;
* maintain and secure the Service;
* provide technical support;
* comply with the Customer’s documented instructions;
* comply with applicable law;
* perform obligations under the Order.

8.3 Aggregated and anonymized information

Fitrockr may create aggregated or irreversibly anonymized information derived from use of the Service, provided that such information does not identify the Customer or an individual and cannot reasonably be used to re-identify them.

Such information may be used for:

* statistics;
* benchmarking;
* service improvement;
* security;
* product development;
* research and analytics.

Fitrockr will not treat pseudonymized personal data as anonymous merely because direct identifiers have been removed.

8.4 Customer Data is not Fitrockr’s general-purpose training data

Unless expressly agreed in writing or otherwise lawfully authorized, Fitrockr will not use identifiable Customer Data or identifiable participant health data to train general-purpose AI models unrelated to the Customer’s Project.

9. Project Results and Outputs

As between Fitrockr and the Customer, the Customer retains its rights in:

* Customer Data;
* project datasets;
* exported data;
* reports;
* visualizations;
* survey results;
* analyses;
* research results;
* scientific findings;
* conclusions;

to the extent that such rights exist under applicable law.

Fitrockr retains all rights in:

* Software;
* source code;
* object code;
* architecture;
* algorithms;
* interfaces;
* generic modules;
* pre-existing technology;
* documentation;
* know-how;
* generic improvements;
* underlying platform technology.

Where a project output contains or incorporates Fitrockr technology, Customer ownership of the output does not transfer ownership of the underlying Fitrockr technology.

10. Intellectual Property

All intellectual-property rights in the Service and Software remain with Fitrockr or its licensors.

Except for the limited license expressly granted under these Terms, the Customer receives no rights in Fitrockr intellectual property.

The Customer may use the Service during the applicable subscription term solely for its internal business, research, healthcare, institutional or other agreed purposes.

The Customer may not:

* sell the Software;
* sublicense the Software;
* distribute the Software;
* make the Software available to unauthorized third parties;
* create derivative works;
* extract source code;

except as expressly permitted by Fitrockr or mandatory applicable law.

11. Third-Party Services and Devices

Fitrockr may integrate with third-party services and devices, including wearable and health-data platforms.

Examples may include:

* Garmin;
* Apple Health;
* Google Health Connect;
* Fitbit;
* Withings;
* Polar;
* other supported wearable and health platforms.

Third-party services may:

* change their APIs;
* discontinue functionality;
* impose rate limits;
* change authentication requirements;
* change available data;
* experience outages;
* change their own terms or privacy policies.

Fitrockr is not responsible for failures caused solely by a third-party service outside Fitrockr’s reasonable control.

Fitrockr will use reasonable efforts to maintain supported integrations but does not guarantee that a third-party integration will remain available indefinitely.

12. Data Accuracy and Wearable Limitations

Wearable devices and sensors may produce incomplete, inaccurate, delayed or inconsistent data.

Factors affecting data may include:

* device placement;
* device battery level;
* connectivity;
* device firmware;
* sensor limitations;
* environmental conditions;
* user behavior;
* operating-system restrictions;
* third-party APIs;
* synchronization intervals.

Fitrockr does not guarantee that wearable or sensor data is (medically) accurate or complete.

13. Fees and Payment

13.1 Fees

Fees are specified in the applicable Order or quotation.

Unless otherwise agreed, fees are exclusive of:

* VAT;
* sales tax;
* withholding tax;
* customs duties;
* similar taxes or governmental charges.

13.2 Payment

Unless otherwise agreed, invoices are payable within the payment period specified in the Order.

13.3 Late payment

If the Customer fails to pay an undisputed invoice when due, Fitrockr may charge statutory default interest and exercise applicable legal remedies.

13.4 Suspension for non-payment

After reasonable prior notice, Fitrockr may suspend access to the affected Service for materially overdue undisputed amounts.

Fitrockr will, where reasonably practicable, provide an opportunity to cure the payment default before suspension.

Suspension does not relieve the Customer of its obligation to pay fees that have already accrued.

14. Taxes

The Customer is responsible for taxes applicable to its purchase or use of the Service, except taxes imposed on Fitrockr’s net income.

Where withholding tax is legally required, the Customer shall provide appropriate documentation and cooperate with Fitrockr to minimize withholding where legally possible.

15. Subscription Term and Renewal

The initial subscription term is specified in the applicable Order.

Unless otherwise agreed:

* subscriptions expire at the end of the agreed term;
* subscriptions do not automatically renew.

If an Order expressly provides for automatic renewal, the renewal term and cancellation period specified in the Order apply.

16. Termination

Either party may terminate an Order for material breach if:

1. the breach is capable of remedy; and
2. the breaching party fails to remedy it within a reasonable cure period after written notice.

Immediate termination may be permitted where:

* the breach cannot reasonably be remedied;
* continued performance would be unlawful;
* insolvency or similar circumstances permit termination under applicable law.

Termination does not affect rights and obligations accrued before termination.

17. Suspension

Fitrockr may temporarily suspend access where reasonably necessary to:

* prevent a security threat;
* prevent unlawful activity;
* protect Customer Data;
* protect other customers;
* comply with legal requirements;
* address a serious technical problem;
* address material payment default after notice.

Where reasonably practicable, Fitrockr will notify the Customer before suspension and restore access when the reason for suspension has been resolved.

18. Effect of Termination

Upon expiration or termination:

* the Customer’s right to use the Service ends;
* Authorized User access is disabled;
* the Customer may retrieve Customer Data as provided under Section 19;
* Fitrockr will process remaining Customer Data according to the DPA and applicable retention requirements.

Unless otherwise required by law or agreed in writing, Fitrockr will delete or return Customer Data following the applicable post-termination retrieval period.

Deletion does not apply to:

* information required to be retained by law;
* information necessary to establish or defend legal claims;
* securely retained backup copies until overwritten according to normal backup procedures;
* information that has been irreversibly anonymized.

19. Data Export and Portability

Fitrockr will provide Customer Data export functionality appropriate to the applicable Service.

Available formats may include CSV, JSON, XLS/XLSX, PDF or API-based export, depending on the Service.

The Customer is responsible for initiating and securely storing its exports.

Cloud switching

Where the EU Data Act applies to the Service, Fitrockr will comply with applicable requirements concerning switching between data-processing services, including applicable requirements concerning:

* exportable data;
* switching assistance;
* interoperability;
* continuity;
* security during switching;
* maximum transition periods;
* switching charges.

Where applicable, the contractual switching process will be described in the applicable Order or Service documentation.

From 12 January 2027, Fitrockr will not charge switching fees prohibited by Article 29 of the EU Data Act.

20. Data Protection

Where Fitrockr processes personal data on behalf of the Customer, the parties will enter into a Data Processing Agreement where required.

The DPA governs:

* subject matter;
* duration;
* nature and purpose of processing;
* categories of personal data;
* categories of data subjects;
* security measures;
* subprocessors;
* international transfers;
* data-subject requests;
* data breaches;
* deletion and return of data;
* audits.

Where Fitrockr determines the purposes and means of processing, Fitrockr acts as controller for that processing.

The Customer acknowledges that controller/processor roles may differ between different processing activities.

21. Customer Compliance with Data Protection Laws

The Customer is responsible for ensuring that it has an appropriate legal basis for submitting personal data to Fitrockr.

Where required, the Customer is responsible for:

* providing privacy notices;
* obtaining valid consent;
* obtaining explicit consent for health data where required;
* fulfilling data-subject rights;
* conducting required DPIAs;
* meeting research or clinical-trial requirements;
* configuring access controls appropriately.

Fitrockr will provide reasonable contractual and technical assistance as required by the DPA and applicable law.

22. Security

Fitrockr maintains technical and organizational measures designed to protect the Service and Customer Data.

Depending on the Service and deployment model, these may include:

* encryption;
* access controls;
* authentication;
* role-based permissions;
* logging;
* monitoring;
* vulnerability management;
* backup procedures;
* secure development practices;
* incident-response procedures;
* employee confidentiality obligations.

Where applicable, additional security requirements may be specified in:

* the DPA;
* security documentation;
* an SLA;
* a Customer security questionnaire;
* an Order.

23. Security Incidents

If Fitrockr becomes aware of a confirmed security incident affecting Customer Data, Fitrockr will notify the Customer in accordance with the DPA and applicable law.

The notification will contain information reasonably available to Fitrockr and necessary for the Customer to meet its legal obligations.

The Customer shall provide reasonable cooperation where required for investigation and remediation.

24. Service Availability

Fitrockr will use commercially reasonable efforts to make the cloud Service available.

Unless an SLA expressly provides otherwise:

* no specific uptime percentage is guaranteed;
* temporary interruptions may occur;
* maintenance may temporarily affect availability;
* emergency maintenance may occur without advance notice.

Where an SLA has been agreed, its availability commitments and remedies apply.

25. Support

Support is provided according to the Customer’s subscription or applicable Order.

Unless otherwise agreed:

* support is provided to designated Customer administrators;
* Fitrockr may request information reasonably necessary to diagnose an issue;
* response times depend on severity and subscription level.

Premium or dedicated support arrangements may be documented separately.

26. Warranties

Fitrockr warrants that:

1. it has the authority to enter into the applicable agreement;
2. the Service will materially conform to its applicable Documentation during the subscription term;
3. it will provide the Service with reasonable professional care.

If the Service materially fails to conform, Fitrockr will use reasonable efforts to correct the non-conformity.

These warranties do not apply to problems caused by:

* misuse;
* unauthorized modifications;
* unsupported configurations;
* third-party services;
* Devices;
* Customer systems;
* use contrary to Documentation;
* circumstances outside Fitrockr’s reasonable control.

27. Disclaimer of Certain Outcomes

Fitrockr does not warrant that the Service will:

* produce a particular scientific result;
* produce a particular clinical result;
* improve health outcomes;
* produce a particular commercial result;
* detect every health event;
* prevent every adverse event;
* collect every measurement from every Device;
* operate without interruption.

The Customer remains responsible for determining whether Fitrockr is suitable for its specific Project.

28. No Medical Advice

Unless expressly agreed for a specific regulated product, Fitrockr does not provide medical advice, diagnosis or treatment.

Data, analytics, scores, predictions, recommendations and visualizations generated by Fitrockr must not be treated as a substitute for professional medical judgment.

Where Fitrockr is used in a healthcare environment, the Customer remains responsible for appropriate clinical oversight.

29. Artificial Intelligence and Automated Analysis

Fitrockr may provide features using:

* machine learning;
* statistical models;
* artificial intelligence;
* automated assessments;
* automated recommendations;
* risk prediction;
* anomaly detection.

The applicable functionality and intended purpose will be described in the relevant Documentation.

Where EU AI Act obligations apply, Fitrockr will meet the obligations applicable to its role as provider, deployer or other relevant operator.

The Customer shall not use AI-enabled Fitrockr functionality for a purpose materially different from its documented intended purpose without confirming the applicable regulatory and contractual requirements.

Where applicable, the Customer is responsible for ensuring appropriate human oversight of AI-generated outputs.

The EU AI Act applies to providers and deployers within its scope, with different obligations becoming applicable on different dates. Certain high-risk provisions are scheduled for later application than the general 2 August 2026 application date.

30. Customer AI Responsibilities

Where the Customer uses Fitrockr AI functionality to support decisions concerning individuals, the Customer is responsible for:

* using the functionality only for its documented purpose;
* maintaining appropriate human oversight;
* evaluating the suitability of outputs;
* complying with applicable sector-specific requirements;
* complying with applicable data-protection requirements;
* not treating probabilistic outputs as guaranteed facts.

31. Confidentiality

Each party shall protect the other’s confidential information using at least reasonable care.

Confidential information includes:

* business information;
* technical information;
* security information;
* pricing;
* product roadmaps;
* research information;
* non-public Customer Data;
* trade secrets.

Confidential information does not include information that:

* is publicly available without breach;
* was already lawfully known;
* is independently developed;
* is lawfully received from a third party without confidentiality obligation.

A party may disclose confidential information where required by law, provided that, where legally permitted, it gives the other party reasonable advance notice.

Confidentiality obligations survive termination for **five years**, and trade secrets remain protected for as long as they qualify as trade secrets under applicable law.

32. Intellectual Property Indemnification

Where agreed in the applicable Order, Fitrockr will defend the Customer against a third-party claim alleging that the Customer’s authorized use of the Fitrockr Software infringes that third party’s intellectual-property rights.

The Customer shall:

* promptly notify Fitrockr;
* provide reasonable cooperation;
* allow Fitrockr to control the defense and settlement.

Fitrockr may, at its option:

1. obtain the right for the Customer to continue using the Service;
2. modify the Service to avoid the claim;
3. replace the affected functionality with substantially equivalent functionality; or
4. terminate the affected Service and refund prepaid fees for the unused portion of the applicable term.

This section does not apply to claims arising from:

* Customer Data;
* Customer modifications;
* combinations not supplied by Fitrockr;
* unauthorized use;
* Third-Party Services;
* use contrary to the Documentation.

33. Liability

Nothing in these Terms excludes or limits liability to the extent that such exclusion or limitation is prohibited by applicable law.

In particular, nothing limits liability for:

* injury to life, body or health caused by a party’s culpable conduct;
* intentional misconduct;
* fraudulent conduct;
* liability under mandatory product-liability law;
* other liability that cannot legally be limited.

For ordinary negligent breaches, Fitrockr’s liability is limited as follows:

33.1 Essential contractual obligations

For ordinary negligence concerning obligations essential to the performance of the contract and on which the Customer may reasonably rely, Fitrockr is liable for foreseeable and typically occurring damage.

33.2 Other obligations

For ordinary negligence concerning non-essential obligations, Fitrockr is liable only where required by applicable law.

33.3 Liability cap

Subject to the preceding provisions, Fitrockr’s aggregate liability arising out of or in connection with an Order will not exceed:

100% of the fees paid or payable by the Customer for the affected Service during the twelve months preceding the event giving rise to the claim.

For claims relating to a specific annual subscription, the annual subscription fee applicable to the affected Service may be used as the reference amount.

A different liability cap may be agreed in an Order.

33.4 Indirect losses

To the extent legally permissible, Fitrockr is not liable for indirect or consequential losses, including loss of profits, loss of business opportunity or loss of anticipated savings.

This exclusion does not apply where mandatory law provides otherwise.

33.5 Data reconstruction

Fitrockr is not liable for loss of Customer Data to the extent the loss resulted from Customer’s failure to maintain required exports or backups where the Customer was contractually responsible for doing so, provided Fitrockr complied with its applicable contractual backup obligations.

34. Force Majeure

Neither party is responsible for delay or failure to perform caused by circumstances beyond its reasonable control, including:

* natural disasters;
* war;
* terrorism;
* civil unrest;
* government action;
* widespread telecommunications failures;
* internet infrastructure failures;
* major cyberattacks;
* power failures;
* epidemics or pandemics;
* failures of critical third-party infrastructure.

The affected party shall use reasonable efforts to mitigate the effects.

Force majeure does not relieve the Customer from paying undisputed amounts already due.

35. Export Controls and Sanctions

The Customer shall comply with applicable export-control, sanctions and trade laws when using Fitrockr.

The Customer shall not use or provide access to Fitrockr in violation of applicable sanctions or export restrictions.

For projects involving defense, military or government organizations, additional export-control, security or end-use restrictions may be included in the applicable Order.

36. Audits

Where Fitrockr acts as a processor, audit rights are governed by the applicable DPA.

Audits shall:

* be conducted on reasonable notice;
* take place during normal business hours;
* minimize disruption;
* respect confidentiality and security requirements.

Fitrockr may satisfy reasonable audit requirements by providing:

* security documentation;
* certifications;
* audit reports;
* questionnaires;
* independent assessment reports;

where appropriate.

37. Subcontractors

Fitrockr may use subcontractors and subprocessors to provide the Service.

Where personal data is processed, subprocessors are governed by the applicable DPA.

Fitrockr remains responsible for its contractual obligations concerning its subprocessors to the extent required by applicable law and the DPA.

38. Open-Source Software

Fitrockr may contain open-source software.

Open-source components remain subject to their applicable open-source licenses.

Where required by those licenses, the relevant license terms prevail over conflicting provisions concerning the applicable open-source component.

39. Beta and Experimental Features

Fitrockr may offer beta, preview or experimental functionality.

Unless otherwise agreed, such features:

* may be modified or discontinued;
* may contain errors;
* may have reduced support;
* should not be relied upon for critical operations;
* may be subject to additional terms.

Fitrockr will clearly identify beta functionality where reasonably practicable.

40. Changes to the Terms

Fitrockr may update these Terms where reasonably necessary to reflect:

* changes in law;
* changes in the Service;
* security requirements;
* technological developments;
* changes to business practices.

For an active subscription, material changes that adversely affect the Customer’s contractual rights will be communicated with reasonable advance notice.

If a material change substantially disadvantages the Customer and cannot reasonably be avoided, the Customer may terminate the affected subscription before the change takes effect, unless the change is required by law or necessary for security or compliance.

Continued use following the effective date of a properly notified amendment constitutes acceptance where legally effective.

41. Assignment

The Customer may not assign an Order without Fitrockr’s prior written consent, except to an affiliate or in connection with a merger, acquisition or sale of substantially all relevant assets, provided that the assignee assumes the applicable obligations.

Fitrockr may assign an Order to an affiliate or successor in connection with a corporate reorganization, merger, acquisition or sale of the relevant business.

42. No Waiver

Failure to enforce a provision does not constitute a waiver of the right to enforce that provision later.

43. Severability

If a provision of these Terms is invalid or unenforceable, the remaining provisions remain effective.

The parties shall replace the invalid provision with a valid provision that comes as close as legally possible to the economic purpose of the original provision.

44. Entire Agreement

The applicable Order, these Terms, the DPA, SLA and other expressly incorporated documents constitute the agreement between Fitrockr and the Customer concerning the Service.

They supersede prior agreements concerning the same subject matter unless expressly stated otherwise.

45. Governing Law

These Terms are governed by the laws of the Federal Republic of Germany, excluding its conflict-of-law provisions and, to the extent legally permissible, the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Mandatory provisions of the law applicable to the Customer may remain unaffected.

46. Jurisdiction

For Customers that are merchants, legal entities under public law or special funds under public law, the courts of **Berlin, Germany** shall have jurisdiction, to the extent legally permissible.

Fitrockr may also bring proceedings at the Customer’s general place of jurisdiction where permitted by law.

47. Notices

Contractual notices shall be sent to the contact details specified in the applicable Order.

Where the agreement permits electronic notices, notices may be sent by email.

Notices concerning termination, material breach or other legally significant matters should be sent to the designated contractual contact and, where required, by an appropriate legally recognized method.

48. Contact

Digital Rebels GmbH

Friedrichstraße 155
10117 Berlin
Germany

Email: hello@fitrockr.com

Website: https://www.fitrockr.com