Terms of Use

Effective October 19, 2020

Please read this Terms of Service Agreement (“Agreement”) carefully. By completing the registration process, or accessing or using the services provided by Fitrockr (legal entity: Digital Rebels GmbH, Friedrichstr. 114 A, 10117 Berlin, Germany), or its subsidiaries or affiliates (herein referred to as “Fitrockr,” “we,” “us” or “our“ pursuant to which we offer our proprietary platform, mobile applications (“Application”) and other services and resources (each a “Service” and collectively, the “Services”), you as an individual participant or as an organisation, project, researcher, medical staff, subject matter expert, coach or any other entity you represent (collectively, “you” or “your”) agree to be bound by the terms and conditions contained in this Agreement and all other terms incorporated by reference. You further represent and warrant that (1) you are of legal age to form a binding contract with Fitrockr, and (2) you have the authority to enter into the Agreement personally or on behalf of the entity you represent, and you have the requisite power and authority to bind such entity. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE OUR SERVICES.

Fitrockr creates also tools that enable Researchers, Medical Staff, Data Analysts, Corporate Users or other roles and entities to capture data remotely and analyze such data. 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. 

Fitrockr reserves the right, at our sole discretion, to change or modify portions of this Agreement at any time. When changes are made, Fitrockr will update the “Last Updated” date of the Terms of Service Agreement. If we make any material changes, we may also send an e-mail to you at the last e-mail address you provided to us pursuant to the Agreement. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website, the Application and/or the Services. You should print a copy of these terms or save them to your computer for future reference. 

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Service or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Service are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Service and any applicable Supplemental Terms are referred to herein as the “Agreement.”

1. USE OF THE SERVICES AND FITROCKR PROPERTIES. The Websites, Application, Services, and the information and content available on the Services (as these terms are defined herein) (each, a “Fitrockr Property” and collectively, the “Fitrockr Properties”) are protected by copyright laws throughout the world. Subject to the Agreement, Fitrockr grants you a limited license to reproduce portions of Fitrockr Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by Fitrockr in a separate license, your right to use any and all Fitrockr Properties is subject to the Agreement. 

1.1 Application License. Subject to your compliance with the Agreement, Fitrockr grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any Application accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the Application on a shared basis within your designated family group. 

1.2 Updates. You understand that Fitrockr Properties are evolving. As a result, Fitrockr may require you to accept updates to Fitrockr Properties that you have installed on your computer or mobile device. You acknowledge and agree that Fitrockr may update Fitrockr Properties with or without notifying you. You may need to update third-party software from time to time in order to use Fitrockr Properties.

1.3 Certain Restrictions. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Fitrockr Properties or any portion of Fitrockr Properties, including the Website; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Fitrockr Properties (including images, text, page layout or form) of Fitrockr; (c) you shall not use any metatags or other “hidden text” using Fitrockr’s name or trademarks;(d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Fitrockr Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) except as expressly stated herein, no part of Fitrockr Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Fitrockr Properties. Any future release, update or other addition to Fitrockr Properties shall be subject to the Agreement. Fitrockr, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any Fitrockr Property terminates the licenses granted by Fitrockr pursuant to the Agreement.

1.4 Fitrockr Communications. By entering into this Agreement or using the Fitrockr Properties, you agree to receive communications from us, including via e-mail and push notifications. Communications from us and our affiliated companies may include but are not limited to operational communications concerning your Account or the use of the Fitrockr Properties, updates concerning new and existing features on the Fitrockr Properties. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. 

2. REGISTRATION.

2.1 Registering Your Account. In order to access certain features of Fitrockr Properties you may be required to become a Registered User. For purposes of the Agreement, a “Registered User” is a user who has a registered account at Fitrockr (“Account”).

2.2 Registration Data. In registering an account, you agree to represent that you are of legal age to form a binding contract; and are not a person barred from using Fitrockr Properties under the laws of Germany, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify Fitrockr immediately of any unauthorized use of your password or any other breach of security; and exit from your Account at the end of each session. 

2.3 Necessary Equipment and Software. You must provide all equipment and software necessary to connect to Fitrockr Properties, including but not limited to, a device that is suitable to connect with and use Fitrockr Properties. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Fitrockr Properties. 

2.4 Necessary Consents. If you are a Researcher, Medical Staff, Data Analyst or similar role that collects and analyses data of users, you are solely responsible for obtaining all necessary consents and authorizations and providing all notices required in connection with any study, research, experiment or other project that you conduct through or otherwise with the use of the Fitrockr Properties, including, without limitation, any parental/guardian consents, patient waivers and data rights.

3. OWNERSHIP.

3.1 Fitrockr Properties. You agree that Fitrockr and its suppliers own all rights, title and interest in Fitrockr Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Fitrockr Properties.

3.2 Trademarks. “Fitrockr,” “Fitrockr” and all related graphics, logos, service marks and trade names used on or in connection with any Fitrockr Properties or in connection with the Services are the trademarks of Fitrockr and may not be used without permission in connection with your, or any third-party, products or services. Other trademarks, service marks and trade names that may appear on or in Fitrockr Properties are the property of their respective owners.

4. USER CONDUCT. 

4.1 As a condition of use, you agree not to use Fitrockr Properties for any purpose that is prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third party) take any action that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without Fitrockr’s prior written consent; (v) impersonates any person or entity, including any employee or representative of Fitrockr; (vi) interferes with or attempt to interfere with the proper functioning of Fitrockr Properties or uses Fitrockr Properties in any way not expressly permitted by this Agreement; or (vii) attempts to engage in or engage in, any potentially harmful acts that are directed against Fitrockr Properties, including but not limited to violating or attempting to violate any security features of Fitrockr Properties, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in Fitrockr Properties, introducing viruses, worms, or similar harmful code into Fitrockr Properties, or interfering or attempting to interfere with use of Fitrockr Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” Fitrockr Properties.

5. FEES AND PURCHASE TERMS.

5.1 General Purpose of Agreement: Sale of Service, not Software. The purpose of the Agreement is for you to secure access to the Services. All fees set forth within and paid by you under the Agreement shall be considered solely in furtherance of this purpose.

5.2 Payment. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. 

5.3 Taxes. The payments required of this Agreement do not include any Sales Tax that may be due in connection with the services provided under this Agreement. If Fitrockr determines it has a legal obligation to collect a Sales Tax from you in connection with this Agreement, Fitrockr shall collect such Sales Tax in addition to the payments required of this Agreement. If any services, or payments for any services, under the Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Fitrockr, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Fitrockr for any liability or expense Fitrockr may incur in connection with such Sales Taxes. Upon Fitrockr’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax. You agree to make all payments of fees to Fitrockr free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to Fitrockr will be your sole responsibility, and you will provide Fitrockr with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.

5.4 Free Trials and Other Promotions. Any free trial or other promotion that provides Registered User level access to the Services must be used within the specified time of the trial. At the end of the trial period, your use of that Service will expire, and any further use of the Service is prohibited.

6. INDEMNIFICATION. 

6.1 You agree to indemnify and hold Fitrockr, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Fitrockr Party” and collectively, the “Fitrockr Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) your use of, or inability to use, any Fitrockr Property; (b) your violation of the Agreement; (c) your violation of any rights of another party, including any Registered Users; or (d) your violation of any applicable laws, rules or regulations. Fitrockr reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Fitrockr in asserting any available defenses. This provision does not require you to indemnify any of the Fitrockr Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to Fitrockr Properties.

7. DISCLAIMER OF WARRANTIES AND CONDITIONS.

7.1 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF FITROCKR PROPERTIES IS AT YOUR SOLE RISK, AND FITROCKR PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. FITROCKR PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE. 

a. FITROCKR PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) FITROCKR PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF FITROCKR PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF FITROCKR PROPERTIES WILL BE ACCURATE OR RELIABLE.

b. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH FITROCKR PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE. FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS FITROCKR PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

c. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. FITROCKR MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FITROCKR OR THROUGH FITROCKR PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

8. LIMITATION OF LIABILITY

8.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL FITROCKR PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT FITROCKR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF FITROCKR PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (a) THE USE OR INABILITY TO USE FITROCKR PROPERTIES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH FITROCKR PROPERTIES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON FITROCKR PROPERTIES; OR (e) ANY OTHER MATTER RELATED TO FITROCKR PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. FITROCKR DOES NOT IN ANY WAY SEEK TO EXCLUDE OR LIMIT LIABILITY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY FITROCKR’S NEGLIGENCE; (ii) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (iii) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. 

8.2 Cap on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, FITROCKR PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) THE TOTAL AMOUNT PAID TO Fitrockr by you during the TWELVE-month period prior to the act, omission or occurrence giving rise to such liability.

8.3 Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

8.4 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FITROCKR AND YOU.

9. TERM AND TERMINATION. 

9.1. Term. The Agreement commences on the date when you complete the registration process, or access or use the Services, and this Agreement remains in full force and effect while you use Fitrockr Properties, unless terminated earlier in accordance with the Agreement.

9.2 Termination of Services by Fitrockr. If timely payment as per invoice is not conducted for any reason, Fitrockr has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in Fitrockr’s sole discretion and that Fitrockr shall not be liable to you or any third party for any termination of your Account.

9.3 Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and data associated with or inside your Account or your Project. Upon termination of any Service, your right to use such Service will automatically terminate immediately. Fitrockr will not have any liability whatsoever to you for any suspension or termination. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

10. INTERNATIONAL USERS. 

10.1 Fitrockr Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Fitrockr intends to announce such Services or Content in your country. Fitrockr Properties are controlled and offered by Fitrockr from its facilities in Germany. Fitrockr makes no representations that Fitrockr Properties are appropriate or available for use in other locations. Those who access or use Fitrockr Properties from other countries do so at their own volition and are responsible for compliance with local law.

12. THIRD-PARTY SERVICES.

12.1 Third-Party Websites, Applications. Fitrockr Properties may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left Fitrockr Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications are not under the control of Fitrockr. Fitrockr is not responsible for any Third-Party Websites or Third-Party Applications. Fitrockr provides these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or any product or service provided in connection therewith. You use all links in Third-Party Websites and Third-Party Applications at your own risk. When you leave our Website, this Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. 

12.2 App Stores. You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (each, an “App Store”). You acknowledge that the Agreement is between you and Fitrockr and not with the App Store. Fitrockr, not the App Store, is solely responsible for Fitrockr Properties, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Fitrockr Properties, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Fitrockr Property, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.

13. GENERAL PROVISIONS.

13.1 Electronic Communications. The communications between you and Fitrockr may take place via electronic means, whether you visit Fitrockr Properties or send Fitrockr e-mails, or whether Fitrockr posts notices on Fitrockr Properties or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Fitrockr in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Fitrockr provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. 

13.2 Release. You hereby release Fitrockr Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is directly or indirectly related to or arises from your relationship with other users of the Fitrockr Properties or Researchers, Medical Staff, Data Analysts, Corporate Users or other roles that procured your access to the Fitrockr Properties interactions with or conduct of other. 

13.3 Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Fitrockr’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

13.4 Force Majeure. Fitrockr shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. 

13.5 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Fitrockr Properties, please contact us at: hello@fitrockr.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

13.6 Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Fitrockr agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Berlin, Germany.

13.7 Governing Law and Jurisdiction. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF GERMANY. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT. EACH PARTY IRREVOCABLY AGREES THAT THE STATE AND FEDERAL COURTS OF BERLIN GERMANY SHALL HAVE EXCLUSIVE JURISDICTION TO SETTLE ANY DISPUTE OR CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER OR FORMATION (INCLUDING NON-CONTRACTUAL DISPUTES OR CLAIMS).

13.8 Choice of Language. It is the express wish of the parties that the Agreement and all related documents have been drawn up in English. This Agreement, and any contract between us, are only in the English language. 

13.9 Notice. Where Fitrockr requires that you provide an e-mail address, you are responsible for providing Fitrockr with your most current e-mail address. In the event that the last e-mail address you provided to Fitrockr is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Fitrockr’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Fitrockr at the following address: Digital Rebels GmbH, Friedrichstr. 114 A, 10117 Berlin. Such notice shall be deemed given when received by Fitrockr by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

13.10 Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

13.11 Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

13.12 Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

We welcome your questions and comments. Please send any questions or comments via email to support@fitrockr.com.