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Terms of Service

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Effective Date: October 9th, 2019

Last Updated: March 3rd, 2026

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These Terms of Service (“Terms”) govern your access to and use of the applications, games, platforms, and related services listed below (collectively, the “Service”), provided by FIT Talent Management GmbH (“FIT,” “we,” “us,” or “our”).

 

By accessing or using any of the Services, you agree to be bound by these Terms.

 

1. Scope of Services

 

These Terms apply to the following applications, simulations, and platforms operated by FIT:

  • FIT Float

  • FIT Finance

  • FIT Food

  • FIT Company

  • Food Decisions

  • Life Decisions

  • FIT Patient Sim

  • PromptFIT

  • MarketSim

  • FIT Talent Management Portal

 

All listed products may include:

  • AI-generated conversations

  • Simulated role-play environments

  • Educational decision-making exercises

  • Gamified learning activities

 

The Services are provided for educational, professional training, and skill development purposes only.

 

2. Educational and Simulation Disclaimer

 

All simulations, conversations, characters, and scenarios within the Services:

  • Are fictional unless explicitly stated

  • May be generated using artificial intelligence systems

  • Are designed for training and educational purposes

 

The Services do not provide medical, legal, financial, psychological, or professional advice.

Particularly:

  • FIT Patient Sim does not provide real medical diagnosis or treatment advice.

  • FIT Finance and MarketSim do not provide investment advice.

 

Users must independently verify information before relying on it.

 

3. Eligibility

 

You must be at least 16 years old to use the Services within the European Union, or the minimum digital consent age in your Member State under the General Data Protection Regulation (“GDPR”).

If you are under 18, you confirm that you have parental or guardian authorization where required.

 

By using the Services, you represent that:

  • You have legal capacity to enter into these Terms.

  • Your use complies with applicable law.

 

4. User Accounts

 

Certain Services (including the FIT Talent Management Portal) require account registration.

 

You agree to:

  • Provide accurate information

  • Keep login credentials secure

  • Accept responsibility for activity under your account

 

We may suspend or terminate accounts that violate these Terms.

 

5. Acceptable Use

 

You agree not to:

  • Use the Services for unlawful or harmful purposes

  • Generate illegal, abusive, discriminatory, or fraudulent content

  • Reverse engineer or attempt to extract source code

  • Upload malicious software

  • Impersonate real individuals

 

We reserve the right to restrict access if necessary to ensure safety, legal compliance, or platform integrity.

 

6. AI-Generated Content

 

Some Services, including PromptFIT and FIT Patient Sim, use artificial intelligence systems to generate content.

 

You acknowledge that:

  • AI-generated responses may contain inaccuracies

  • Outputs may not reflect real-world outcomes

  • Similar outputs may be generated for other users

  • AI content is probabilistic and not guaranteed to be correct

 

Users remain responsible for decisions made based on simulated outputs.

 

7. User Content

 

You may input text, prompts, data, or other materials (“User Content”).

You retain ownership of your User Content. By submitting it, you grant FIT a non-exclusive, worldwide, royalty-free license to:

  • Process and display the content to operate the Services

  • Improve and develop our systems, subject to applicable data protection laws

 

You are responsible for ensuring your User Content does not violate laws or third-party rights.

 

8. Data Protection and GDPR Compliance

 

We process personal data in accordance with:

  • The General Data Protection Regulation (GDPR)

  • Applicable German and EU data protection laws

 

If you are located in the EU, you have the right to:

  • Access your personal data

  • Rectify inaccurate data

  • Request erasure (“right to be forgotten”)

  • Restrict processing

  • Data portability

  • Object to processing

  • Lodge a complaint with a supervisory authority

 

Where data is transferred outside the EU/EEA, we implement appropriate safeguards such as Standard Contractual Clauses where required.

 

Further details are provided in our Privacy Policy.

 

9. Intellectual Property

 

All software, content (excluding User Content), branding, and technology used in the Services are owned by or licensed to FIT Talent Management GmbH.

 

You may not:

  • Copy, reproduce, or distribute the Services

  • Create derivative works

  • Use trademarks or branding without written permission

 

10. Subscriptions and Payments

 

If a Service offers paid subscriptions:

  • Prices include VAT where applicable

  • Total costs are displayed before purchase

  • Subscriptions renew automatically unless canceled

  • EU consumers may have a 14-day right of withdrawal unless waived upon immediate digital access

 

Refund rights comply with EU consumer protection law.

 

11. Consumer Rights (EU Users)

 

If you are a consumer residing in the EU:

  • Nothing in these Terms limits mandatory statutory rights

  • Any unfair terms are not binding under EU consumer law

  • You may bring proceedings in your country of residence

 

12. Limitation of Liability

 

Nothing in these Terms excludes liability for:

  • Death or personal injury caused by negligence

  • Fraud or fraudulent misrepresentation

  • Liability that cannot be excluded under applicable law

 

Subject to the above, our liability is limited to the greater of:

  • The amount paid by you in the previous 12 months, or

  • €100 if no payment has been made

 

We are not liable for indirect or consequential damages.

 

13. Termination

 

We may suspend or terminate access if:

  • You violate these Terms

  • Required by law

  • Necessary to prevent harm or security risks

 

You may stop using the Services at any time.

 

14. Governing Law and Jurisdiction

 

If you are an EU consumer, these Terms are governed by the laws of your country of residence.

If you are using the Services outside the EU, these Terms are governed by the laws of Germany, unless mandatory local law provides otherwise.

 

15. Changes to These Terms

 

We may update these Terms periodically. Material changes will be communicated where required by law. Continued use constitutes acceptance of the updated Terms.

 

16. Contact Information

 

FIT Talent Management GmbH

Hüttenweg 14

D-14195 Berlin

Germany

Managing Director: Bertram Pachaly

E-mail: info@fit-talent.com

Company register Berlin-Charlottenburg: HRB 126966

VAT ID: DE271966456

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