Terms and Conditions

Last updated: 4 May 2026

1. Parties and Acceptance

These Terms and Conditions (the "Terms") form a binding agreement between FIT-Outcomes ApS ("FIT-Outcomes", "we", "us") and the entity or individual that registers an Agency or otherwise accepts these Terms ("Customer", "you").

FIT-Outcomes ApS is a Danish private limited company, registered office at Breeltehøj 4, DK-2970 Hørsholm, Denmark, VAT no. DK-33954263.

By creating an Agency, accepting these Terms in the application, or otherwise using the Service, you confirm that you have read and accept these Terms. If you accept on behalf of an organisation, you represent that you are authorised to bind that organisation.

If you do not accept these Terms, do not create an Agency and do not use the Service.

2. Definitions

• Service — the FIT-Outcomes web application available at https://www.fit-outcomes.com, together with any related mobile applications, APIs, and supporting services we make available.
• Agency — a registered organisation account in the Service, under which Users are managed.
• User — an individual to whom an Agency has granted access (e.g. Superuser, Coordinator, Clinician).
• Client — an individual whose information is registered in the Service by an Agency for the purpose of clinical work or measurement.
• Collateral Rater — an individual who scores a Client as a bystander (e.g. a parent, partner, or social worker), in the same way a Client scores themselves.
• Clinical Data — any personal data relating to a Client, an Episode, a Session, or feedback responses, processed in the Service.
• DPA — the Data Processing Agreement entered into between the Customer and FIT-Outcomes governing the processing of personal data, including Clinical Data.

3. The Service

The Service is a clinical-data management platform that allows Agencies to register Clients, manage clinical Episodes and Sessions, collect outcome and session-rating feedback, and view related statistics.

The Service is intended for professional use by Agencies and their Users in the context of clinical or therapeutic work. It is not a medical device, does not provide medical advice, and is not a substitute for clinical judgement.

The Service is offered to organisations and to individual professionals acting in a professional capacity. It is not intended for consumers.

4. Accounts and Access

Agency creation. To use the Service, an Agency must be created and an initial Superuser appointed. The Customer is responsible for any actions taken under its Agency.

Users. The Agency may invite Users and assign them a role (Superuser, Coordinator, Clinician, or another role offered in the Service). The role determines what each User can see and do. The Agency is responsible for ensuring that User access is appropriate and revoked when no longer needed.

Eligibility. Users must be at least 18 years old and have the legal capacity to enter into agreements. Users must not share their credentials. Each User must use their own account.

Authentication. The Service supports password-based authentication and single sign-on via Microsoft and Google. The User is responsible for keeping their credentials confidential and for all activity under their account. Notify us promptly at info@fit-outcomes.com if you believe an account has been compromised.

FIT-Outcomes staff access. Authorised FIT-Outcomes personnel may access an Agency's data when strictly necessary to provide support, investigate incidents, or operate the Service. Such access is governed by the DPA and our internal access controls.

5. Subscriptions, Fees, and Payment

Trial. New Agencies may be offered a free trial period. During the trial the Service may be subject to feature or volume limits. If no subscription is purchased before the trial ends, access may be limited or suspended.

Subscription. After the trial, continued use of the Service requires a paid subscription. Available plans, prices, and any volume limits are described in the Service. Prices are stated exclusive of VAT and other applicable taxes.

Payment. Fees are payable in advance for the agreed billing period. We may suspend the Agency's access if fees are unpaid more than thirty (30) days after the due date, after a reminder.

Renewal. Subscriptions do not renew automatically. Before the current period ends, we will notify you by email that payment is required to extend the subscription. If payment is not received before the period ends, access may be limited or suspended.

Refunds. Fees already paid for the current billing period are non-refundable, except where required by mandatory law.

Price changes. We may change prices for renewal periods on at least thirty (90) days' written notice. If you do not accept the change, you may cancel before the next renewal date.

6. Acceptable Use

You and your Users agree not to:

• access or use the Service in violation of applicable law (including data-protection law) or any rights of Clients, Collateral Raters, or third parties;
• attempt to gain access to data, accounts, or Agencies other than those you are authorised to access, or otherwise circumvent the Service's access controls;
• reverse engineer, decompile, or disassemble the Service, except to the extent expressly permitted by mandatory law;
• scrape, crawl, or systematically extract data from the Service except via documented APIs and within their stated limits;
• interfere with or place an undue load on the Service (e.g. denial-of-service, malicious code, automated abuse);
• use the Service to harass, abuse, or impersonate any User, Client, Collateral Rater, or other person;
• use the Service to build a competing product or to benchmark it for competitive purposes without our prior written consent.

We may suspend access (in whole or in part) where we reasonably believe these rules are being broken, with notice where practical.

7. Clinical Data and Data Processing Agreement

When you process personal data through the Service, you act as the data controller in respect of your Users, your Clients, your Raters, and any other data subjects in your Agency. FIT-Outcomes acts as your data processor in respect of that data.

The processing of personal data is governed by the Data Processing Agreement entered into between you and FIT-Outcomes. The DPA describes the categories of data, processing purposes, sub-processors, security measures, transfer mechanisms, and data-subject rights handling. In case of conflict between these Terms and the DPA on matters of personal-data processing, the DPA prevails.

You are responsible for:

• having a lawful basis under the GDPR (or other applicable law) for the personal data you upload or generate in the Service;
• providing the necessary information and, where required, obtaining consent from Clients, Collateral Raters, and other data subjects;
• configuring access in your Agency in line with your obligations as controller (e.g. assigning roles appropriately, removing access promptly).

Clinical Data is your data. We will not use it for our own purposes; we process it only to provide the Service to you, as further described in the DPA and the Privacy Policy.

8. Feedback and Submissions

If you or a User send us suggestions, ideas, feature requests, bug reports, or other feedback about the Service ("Feedback"), you grant us a perpetual, worldwide, royalty-free licence to use that Feedback to operate, develop, and improve the Service. This clause does not apply to Clinical Data or to any personal data, which is governed by the DPA and the Privacy Policy.

9. Mobile Application

If we make a mobile application available, we grant you a limited, non-exclusive, non-transferable, revocable licence to install and use it on devices you own or control, solely for accessing the Service in accordance with these Terms.

The mobile application authenticates against the Service using OAuth 2.0 with PKCE. You must keep authentication tokens confidential and must not share them.

If the mobile application is distributed via the Apple App Store or Google Play, the applicable store's terms also apply, and the store is a third-party beneficiary entitled to enforce the licence terms in this section. The store has no obligation to provide support or maintenance for the application; that is our responsibility.

10. Intellectual Property

Our IP. The Service, including its source code, design, user interface, documentation, and the FIT-Outcomes name and logo, is owned by FIT-Outcomes ApS or our licensors and is protected by intellectual-property laws. Subject to these Terms and payment of any applicable fees, we grant you a non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the term.

Your data. You retain all rights in the Clinical Data and other content you and your Users put into the Service. You grant us only the rights we need to host, process, transmit, display, and back up that data so that we can provide the Service to you, and as further set out in the DPA.

No other rights. No rights are granted to you by implication, estoppel, or otherwise beyond those expressly stated in these Terms.

11. Service Availability and Changes

We aim to keep the Service available at reasonable hours and with reasonable performance, but we do not guarantee uninterrupted or error-free operation, and we offer no formal service-level agreement unless separately agreed in writing.

We may from time to time:

• perform planned maintenance, only during weekends except in the case of emergency;
• introduce, change, or remove features and integrations;
• change the underlying infrastructure or sub-processors (subject to the DPA where personal data is involved).

For changes that materially reduce the functionality you rely on, we will give reasonable advance notice where practical.

12. Suspension and Termination

By you. You may terminate your subscription as described in section 5 (Renewal). Termination takes effect at the end of the current paid period, except where mandatory law gives you a stronger right.

By us for cause. We may suspend or terminate your access immediately if:

• you breach these Terms or the DPA in a material way and, where the breach is curable, fail to cure it within thirty (30) days of written notice;
• you fail to pay undisputed fees as set out in section 5;
• we reasonably believe continued use creates a serious security, legal, or compliance risk.

By us for convenience. We may terminate the Service or your subscription on at least sixty (60) days' written notice, in which case we will refund any fees paid for the period after the termination date.

Effect of termination. On termination, your right to access the Service ends. Sections that by their nature should survive termination (including IP, liability, indemnification, governing law, and confidentiality) survive.

13. Data Retention and Deletion on Termination

After your subscription ends, we retain Clinical Data for the following periods, unless you instruct us in writing to delete it earlier:

• Paid subscription that has ended or expired: up to one hundred and eighty (180) days from the date access ends.
• Trial that has ended without conversion to a paid subscription: up to seven (7) days from the date access ends.

After the applicable period, or earlier on your written request, we will delete or anonymise Clinical Data in accordance with the DPA, subject to retention required by applicable law. Backups containing Clinical Data are retained and deleted as described in the DPA.

14. Warranties and Disclaimers

We warrant that we will provide the Service with reasonable skill and care.

To the maximum extent permitted by applicable law, all other warranties, conditions, or representations, whether express or implied (including any implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement), are excluded. The Service is provided "as is" and "as available".

We do not warrant that the Service will meet your specific requirements, that it will be uninterrupted or error-free, or that defects will be corrected. The Service is not a medical device and must not be relied on as the sole basis for any clinical decision.

Nothing in this section limits any warranty or right that cannot be excluded under mandatory law.

15. Limitation of Liability

To the maximum extent permitted by applicable law:

• Neither party is liable for indirect, special, incidental, consequential, or punitive damages, or for lost profits, lost revenue, lost goodwill, lost data, or business interruption, arising out of or in connection with these Terms or the Service, even if advised of the possibility of such damages.
• Each party's total aggregate liability arising out of or in connection with these Terms in any twelve-month period is limited to the fees you paid (or, where the dispute concerns the trial, would have paid) for the Service in the twelve months immediately preceding the event giving rise to the claim.

These limitations do not apply to:

• liability for death or personal injury caused by negligence;
• liability for fraud or fraudulent misrepresentation;
• liability for gross negligence or wilful misconduct;
• a party's indemnification obligations under section 16;
• a party's payment obligations;
• liability that cannot be limited under mandatory law (including, where applicable, claims by data subjects under Article 82 GDPR).

16. Indemnification

You will defend and indemnify FIT-Outcomes against any third-party claim, and any resulting damages, settlements, and reasonable legal costs awarded by a competent court or agreed in settlement, arising from:

• your or your Users' violation of these Terms or applicable law;
• your processing of personal data in the Service in breach of your obligations as data controller;
• content you upload to the Service that infringes the rights of a third party.

We will defend and indemnify you against any third-party claim that the Service, used by you in accordance with these Terms, infringes that third party's intellectual-property rights, up to the cap in section 15. We may, at our option, modify the Service, obtain a licence, or terminate the affected functionality and refund a pro-rated portion of pre-paid fees.

The indemnified party must (a) notify the other party promptly in writing, (b) give the other party sole control over the defence and settlement (provided that no settlement requiring an admission of liability or non-monetary remedy from the indemnified party may be made without its consent, not to be unreasonably withheld), and (c) cooperate reasonably at the indemnifying party's expense.

17. Confidentiality

Each party will keep the other party's non-public information that it receives under these Terms confidential, will use it only to perform under these Terms, and will protect it with at least the same care it uses for its own confidential information (and no less than reasonable care). This obligation does not apply to information that is or becomes public through no fault of the receiving party, was already known to the receiving party without restriction, is independently developed without use of the disclosing party's information, or is required to be disclosed by law (in which case the receiving party will, where lawful, give prompt notice to the disclosing party).

Clinical Data is treated under the DPA, not under this section.

18. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Denmark, excluding its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.

The courts of Denmark have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms. Where you are a consumer with habitual residence in the EU, you may also bring proceedings in the courts of your country of residence and benefit from the mandatory consumer-protection rules of that country.

19. Dispute Resolution

If you have a complaint, please contact us first at info@fit-outcomes.com. We will try to resolve the matter within a reasonable time.

If you are an EU consumer, the European Commission provides an online dispute-resolution platform: https://ec.europa.eu/consumers/odr.

20. Electronic Communications

You agree that we may communicate with you electronically (by email or via the Service) and that electronic notices, agreements, and records satisfy any legal requirement of writing. You consent to the use of electronic signatures.

21. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date at the top reflects the latest version. For changes that materially affect your rights or obligations, we will give reasonable advance notice (e.g. by email or in-app notification). If you do not accept a material change, your remedy is to stop using the Service before the change takes effect; continued use after the effective date constitutes acceptance.

22. Miscellaneous

Entire agreement. These Terms, together with the DPA and the Privacy Policy, constitute the entire agreement between the parties on their subject matter and supersede prior or contemporaneous agreements on that subject matter.

Order of precedence. In case of conflict: (1) the DPA on personal-data processing; (2) any signed order form or written agreement; (3) these Terms; (4) the Privacy Policy.

No waiver. Failure or delay in enforcing any right under these Terms is not a waiver of that right.

Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in effect, and the invalid provision will be replaced by a valid one that comes closest to its original intent.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to a successor in connection with a merger, acquisition, or sale of substantially all of our assets, or to an affiliate, on written notice.

Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control (e.g. natural disasters, war, civil unrest, strikes, internet or third-party infrastructure failure, governmental action), provided that the affected party uses reasonable efforts to mitigate.

No partnership. Nothing in these Terms creates a partnership, agency, joint venture, or employment relationship between the parties.

Notices. Notices to FIT-Outcomes must be sent to info@fit-outcomes.com (with a copy by post to the address in section 23). Notices to you may be sent to the email address on file for your Agency or User account, or via the Service.

23. Contact

FIT-Outcomes ApS
Breeltehøj 4
DK-2970 Hørsholm
Denmark
info@fit-outcomes.com
VAT: DK-33954263