.svg)
Terms and Conditions
Rolla Holdco Limited, a privately owned software company, with its headquarters at 2 New Bailey, 6 Stanley Street, Salford, Greater Manchester, United Kingdom, M3 5GS (hereinafter: Rolla), takes the protection of its customers’ and prospective customers' interests, as well as its own.
DEFINITIONS
“Clients”- legal entities with which Rolla has concluded a separate Software License Agreement
“End-Users”- employees or members of Clients
“Rolla One” - a platform for health, nutrition and fitness, designed for indoor, outdoor and virtual world exercises, as well as recording diet and monitoring health metrics, which is used to encourage healthy and sporty lifestyle by measuring steps/mileage, calorie consumption, heart rate and other physical parameters.
In these General Terms of Rolla One Use:
(a) Unless the context otherwise requires, words denoting the singular include plural and vise versa;
(b) Reference to hardware represents reference to Rolla Band;
(c) Reference “you” “your” shall apply to End-Users.
1. Scope
These General Terms of Rolla One Use apply to the business relationship between Rolla and its Clients as well as End-Users regarding the use of Rolla One licensed by Rolla to Clients. By accessing and using Rolla One, Clients and End-Users agree to comply with and be bound by these General Terms of Rolla One Use (hereinafter: “Terms”). Client acknowledges that it is responsible for ensuring that its employees/members comply with these Terms. The End-User cannot use Rolla One unless he/she agrees to these Terms. The End-User is deemed to have agreed to these Terms once he/she clicks the “Agree”/”Accept” button that is displayed on the screen when installing the Rolla One.
2. Grant License
Based on a separate Software License Agreement, Rolla grants a non-exclusive and non-transferable license to Clients with regards to Rolla One. Based on the license as previously described, Client may permit its employees/members to access and use Rolla One. The Client is responsible for ensuring that all employees/members comply with these Terms.
End-Users are not permitted to:
(i) reverse engineer or decompile Rolla One
(ii) use the Rolle One source code or assign it to third parties,
(iii) distribute, sell, lease, sublease, duplicate, modify or otherwise assign, publish, adapt Rolla One or any part thereof, including copies thereof, to a third party;
(iv) use Rolla One or any part thereof for any purpose other than that specified in these Terms;
(v) copy, edit or adapt Rolla One or any part thereof unless Rolla has given permission in writing;
(vi) change the state of Rolla One, that is, create derivatives or develop a system or program based in any way on Rolla One software or any part of it;
(vii) include, integrate or introduce into the Rolla One any code, technology, applications or functionality without the prior written approval of Rolla.
3. Intellectual property
All intellectual property rights associated with Rolla One, and all elements incorporated therein, including all modifications and additions thereof (whether developed at the request of the Client or paid for by the Client), including copyrights, patent rights, trade secrets and all other intellectual property rights ownership, at all times remain the exclusive property of Rolla. The Clients and End-Users agree not to dispute any intellectual property right that belongs to Rolla.
4. Data Protection and Privacy
Rolla One cannot be used without Rolla processing personal data of End-Users (including, but not limited to: heart rate, sleep, steps, location, energy consumption, activities, and other fitness metrics and data in relation to them). Processing of the data End-Users share with Rolla One, including location data, is essential to the performance and usage of Rolla One. Rolla will process any personal data based on End-User consent and in accordance with applicable data protection laws and its Privacy Policy. For more information about data protection and privacy policy, please read our Privacy policy document.
By accepting these Terms, the End-User confirms that he/she is not a child from the perspective of applicable data protection regulations (for more info on child age please consult General Data Protection Regulation-GDPR and/or local laws regulating data protection).
While we implement robust security measures to protect personal data, Rolla cannot guarantee absolute protection against all forms of data breach/unauthorized access (including, but limited to: hacking, cyberattacks, malware or other third-party activities and any other activities beyond Rolla’s control). In the event of data breach due to such circumstances beyond our control, we shall not be held liable for any direct or indirect damages arising from the breach. End-Users are encouraged to take additional measures to protect their data and systems where necessary.
Clients will not have access to End Users' personal data base, but will only have insight into the leaderboard of the End Users in the event End-User chooses to join the leaderboard.
By accepting these Terms, the End-User consents to receive messages from Rolla or its subcontractors aimed at providing support to the End-User.
5. Warnings
Health of End-Users is very important not only to End-Users but to Rolla also. Always consult your doctor about your athletic behavior and the state of your health. Rolla One neither substitutes End-User’s doctor nor is responsible for End-User’s behavior. The content of the Rolla One is not meant to supplement, let alone replace the information provided by doctors or pharmacies. Neither Rolla One nor Rolla are providers of medical services of any kind, which means that by accepting these Terms, End-Users confirm that they are solely responsible for their health. Be aware of the fact that the use of any software or hardware offered by Rolla is no substitute for the consultation by the End-User of a specialized doctor, nor could data in the Health module of Rolla One be a valid indicator of health condition of End-Users.
The meal scanning feature in Rolla One provides approximate data regarding calories. While the information is based on reliable sources, we cannot guarantee its complete accuracy or precision. Variations in food composition, preparation methods, and other factors may result in discrepancies. Therefore, End-Users are encouraged to consult additional sources when making health-related or other diet decisions. End-Users acknowledge that the accuracy of such data cannot be guaranteed and agree that Rolla shall not be held responsible for any harm, injury, or loss resulting from reliance on inaccurate data.
The activity tracking and fitness metrics provided in Rolla One are intended only for general informational purposes only. While the data is based on advanced technology, it may not always reflect precise or accurate measurements due to various factors such as device or software limitations, environmental conditions, individual variability or other reasons. These metrics should not be used as a sole basis for making health-related or other decisions, and users are advised to consult professional health advice where necessary. End-Users acknowledge that the accuracy of such data cannot be guaranteed and agree that Rolla shall not be held responsible for any harm, injury, or loss resulting from reliance on inaccurate data.
Clients and End-Users acknowledge and agree that Rolla One will function only when a stable network connection is enabled, as well as other necessary network infrastructure, and Rolla will not be responsible for any kind of unavailability of third-party services and/or generally available services, which may affect the Rolla One software (including, but not limited to low network capacities, a large number of devices sharing the same infrastructure, generally inadequate infrastructure, bad configuration, bad hardware equipment, any other extraordinary circumstances.
6. Registration and Accounts
If End-Users are, per their jurisdiction, under the legal age to form a binding contract or to give consent on processing personal data, unfortunately Rolla is not able to offer you usage of Rolla One. If you are aware of someone using Rolla One who is under the legal age as previously described, please notify us at privacy@rolla.app
To use Rolla One, End-Users must register. By registering, End-Users agree to:
- provide true, accurate, current, and complete information about your age, weight, height,
- provide nickname or your first and last name, and
- maintain and promptly update the data we use.
In order for you to be able to use Rolla One, you agree that Rolla may use your data as mentioned above. You may provide inaccurate first and last name or your nickname if you want to protect your privacy and not share your personal details with other End-Users, however for accurate calculation and providing you with accurate services, we require that you share with us true, accurate and current information about your age, weight and height.
You are solely responsible for maintaining the confidentiality of the password associated with your Rolla One account and for restricting access to your password, your computer and mobile device while logged into the Rolla One.
You accept responsibility for all activities that occur under your Rolla One account or from your computer, mobile or other connected devices. We endeavor to use reasonable security measures to protect against unauthorized access to your Rolla One account. However, we cannot guarantee the absolute security of your Rolla One account, your Content (as defined below), or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers'' from illegally accessing Rolla One or its contents. Therefore, using a strong password - the longer the better; a mix of letters (upper and lower case), numbers, and symbols, no ties to your personal information, and no dictionary words, is very highly recommended.
You agree to immediately notify Rolla of any unauthorized use of your Rolla One account or password or any other breach of security, and confirm that you understand all risks of unauthorized access to data you provide us with and any other information or content you provide to Rolla One.
You may register for or log in to your Rolla One account via a third-party network, such as Facebook or Google or Apple. If you do so, you hereby authorize Rolla to pre-populate the registration and other relevant information fields of your Rolla One account and/or to use such third-party credentials to log you into your Rolla One account. If you connect your Rolla One account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such a third party.
By virtue of certain of the Rolla One services connecting to the Map Box for outdoor activities, you hereby agree to be bound by the Map Box’s terms of service (including the corresponding privacy policy) in connection with your use of such, especially regarding your actual location.
You can register into Rolla One in the following ways:
- Mobile application - Rolla One is available on Android and iOS devices. For purposes of registration, you can use the registration form provided on the Web; or you can register via one of the Apps. The user shall provide the details requested by the registration form, e.g., first name and last name or nickname, date of birth, completely and correctly, unless such details are marked as voluntary. Registration is only possible by using the End-User’s first and last name or nickname, or via adoption by Rolla One of registration details provided by the user in the social networks Facebook or Google or Apple:
- Registration via Facebook Connect or via Google Sign-In requires or via Apple Sign-In the user to confirm that the selected details, which the user previously provided on Facebook or Google, shall be adopted by the Rolla One. The End-User can subsequently add to or reduce such details in the End-User's profile at any time. Rolla One collects fitness metrics (such as heart rate, steps, sleep, etc.) activity data, challenges you have participated in, etc, but it also works as a controller when you are connected to Rolla World.
7. Rights of Rolla
In any event, Rolla reserves the right to contact End-Users at any time to verify their registration data.
Rolla is not responsible for the actual identity of the End-User, since personal identification via the internet is possible only to a limited extent. Each End-Users shall itself confirm the identity of other End-Users prior to entering into any form of interaction with such End-Users, e.g., adding as a friend or by writing messages.
Rolla may run/show to End-Users its own promotions and free offers, which may be subject to additional terms or restrictions. These promotions and offers may not be transferred between End-Users.
Rolla reserves the right towards Clients and End-Users to change options or features in the Rolla One. In most cases, Rolla makes changes to the Rolla One to enhance or improve them. The changes will not have a material adverse effect on use of Rolla One.
8. End-User obligations and conduct
Each End-User e must truthfully provide, and keep current and complete, his/her registration details, and must not pass on such details to third parties; and also abide by the following:
- only save, publish, transmit and distribute such content, e.g., photos, pictures, text, representations, or videos, if the End-Users is authorized to pass on such content, i.e.
(i) if the End-User has the exclusive right to use such content or,
(ii) in the event that the End-User is not the owner of such rights with respect to content provided by it if the End-User guarantees to Rolla that all required rights, licenses, permits, etc. have been validly obtained. This shall also apply to content subject to intellectual property rights, such as trade names and trademarks. The End-User shall be exclusively responsible for such content;
- not save, publish, transmit or distribute any content that is racist, insulting, discriminating, denunciating, sexual, glorifies violence or is otherwise illegal;
- not carry out any disrupting interferences in the Rolla network, including the all the content of the Rolla One, by use of technical or electronic aids, such as hacking attempts, brute force attacks, planting of viruses/worms/trojans and other disrupting attempts regarding Rolla’s software or hardware;
- not copy, distribute, transmit or collect by use of technical aids, e.g., by crawlers or bots, accessible details without the consent of the respective owner;
- provide prompt notice via email to the address: hello@rolla.app of any detected breaches of the aforementioned obligations;
- diligently care for the personal details and only allow such persons access to their own details that are close to the End-User; and
- regularly save important personal details externally, e.g., on an external storage medium, hard drive or in the cloud. Rolla shall not be responsible for any lost or impaired details.
9. Breach of End-User ‘s obligations
In order to ensure the proper and reliable provision of our services, Rolla imposes the following sanctions upon breach obligations by the End-User:
- warning;
- deletion of content;
- temporary deactivation of end-user Rolla One account; and
- cancellation (irrevocable deactivation).
The type of sanction shall depend on the purpose, impact, and type of the breach in light of Rolla’s and the End-User’s interests.
Cancellation. In the event the End-User Rolla One account shall be canceled in accordance with this Section, the respective End-User shall not be permitted to register again.
The End-User consents that, as a result of the automatic evaluation of the way such an End-User uses the platform, it may be exposed to certain offers and/or marketing messages tailored to such End-User.
10. Provisions regarding content
Rolla shall have the right to save content or disclose such content to third parties, to the extent this is required by law, or legally permissible and reasonably necessary, in order to comply with statutory law, or court or administrative orders; ensure compliance with these Terms; react to claims of breaches of law raised by third parties; or safeguard the rights, property or personal safety of Rolla and/or Rolla One, its users and the general public.
The End-User grants Rolla the irrevocable, free, non-exclusive, and unlimited right to use all content generated, transmitted, saved, and published by such End-User. Accordingly, Rolla shall have the right to use, irrespective of the type of usage, all content both as part of the Rolla One and any other activity of Rolla or any company affiliated with Rolla. This shall include the right to change and edit such content unless such changes or edits impair the material interests of the End-User. In this connection, the End-User waives, to the extent legally permissible, all intellectual property rights. However, to the extent feasible, in the event that Rolla uses content created by an End-User outside the Rolla, Rolla shall note that such content was created by the End-User.
Rolla does not claim ownership of any content created by End-Users and will not supervise such content.
Rolla reserves the right to delete content created by End-Users, such as routes, photos, events or comments without giving reasons. In this event, the End-User shall be notified and, in the event of a breach of these Terms, may be sanctioned.
Rolla shall not be responsible for inaccurate content created by End-Users, e.g., details regarding routes or events etc.
11. Warranty
Rolla does not claim or warrant that the Rolla One will be available at all times, or that the app and the necessary hardware and software will be completely free from errors; and the transmission of data via other systems, in particular, the internet and telecommunication networks, is not tracked, recorded or distorted by third parties. Actually, Rolla hereby acknowledges that Rolla One uses third party data such as Apple Health, Garmin, Google Fit etc.
End-Users use Rolla One exclusively at their own risk. This applies, without limitation, to the related use of any hardware or its units, or downloading of the End-User’s own and third-party content; and any use by the End-User of data created or provided by Rolla, including, but not limited to (i) measured heart rate or altitude details, or (ii) recommendations for actions, e.g., workout plans, etc. The End-User explicitly acknowledges that any such data or content may contain errors, and Rolla does not, to the extent permitted by law, assume any responsibility for the correctness of such data.
Additionally, Rolla does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be made accessible to the End-User. Any contractual arrangements entered into between the End-User and a third-party provider, e.g., via linked websites or banners, result in a contractual relationship between such End-User and the third-party provider only. Rolla does not make any representations or warranties with respect to products or services of third-party providers.
12. Limitation of liability
Except in the event of willful disregard and gross negligence and to the fullest extent permitted by law, neither Rolla, nor any of its affiliates (including Rolla d.o.o.), nor its data or software providers, agents, subcontractors or assistants shall be liable for any direct or indirect damage or loss, or loss of profits, nor loss of traffic, data, business or for any indirect or direct damage or loss or special damage arising regarding or in connection with Rolla One (whether due to negligence, breach of contract, law, infringement or otherwise), even if Rolla has been notified of such possible damage or loss.
Rolla does not bear any responsibility arising from the activity of the End-User.
End-Users acknowledge and agree that the accuracy, or completeness or reliability of data (e.g. heart rate, sleep, calories, steps, diet, and other fitness metrics and related measurements) provided by the Rolla One cannot be guaranteed and agree that Rolla shall not be held responsible for any direct, indirect, incidental, special, or consequential damage, injury, or loss resulting from reliance on inaccurate data.
In no event (including in the event of gross and mere negligence and willful conduct) shall the total aggregate liability of Rolla for damages incurred to End-Users, arising from the use of Rolla One or in connection with it (whether due to negligence, breach of contract, law, infringement or otherwise), exceed the amount up to 200 (two hundred) EUR.
Unless required by statutory law, neither Rolla nor any of its business affiliates (including Rolla d.o.o.) shall be liable for damages resulting from the use of content made accessible through the use of Rolla One or other forms of use of our services. This also applies to damages resulting from errors, problems, viruses, or loss of data.
Rolla assumes no liability for downloaded material or material obtained as a consequence of using Rolla One. The registered End-User is solely responsible for any damages caused by such materials to his/her computer or smartphone system or for information that is lost as a consequence of downloading materials from any of the services.
The registered End-User is exclusively liable for any claims of lawsuits of any kind in any way derived from or related to conflicts with other End-Users. The registered End-User acknowledges and accepts that Rolla One and/or Rolla will not, under any circumstances, be liable for the acts and omissions of other End-Users, including the damages associated with such acts or omissions.
The End-User shall indemnify Rolla for all claims raised by third parties as a result of an infringement of their rights by the End-User in connection with content uploaded to or any of the services by such End-User or as a result of any other usage by such End-User of applications available from Rolla One. The End-User shall bear the costs of any legal proceedings, in which Rolla or Rolla One may be involved in connection with such claims, including all court costs and attorney’s fees to the extent permitted by law, unless the user was not at fault in causing such infringement.
In the event that a claim is brought by a third party, the End-User shall promptly, truthfully and completely make available to Rolla all information available to such End-User that may be necessary to verify such claim and defend against it. Any additional claims for damages that Rolla One or Rolla may be entitled to bring against the End-User shall not be affected.
13. Force Majeure
Rolla, Clients and End-Users shall not be liable for the delay or non-fulfillment of their obligations caused by unforeseen events whose consequences are irremediable, such as wars, sabotage, terrorism, embargoes, fires, floods, earthquakes, protests or delays in transmission or disappearance electricity in telecommunications networks, or any unforeseen changes in the law in the country of the responsible person (hereinafter referred to as "Force Majeure").
14. Nullity
If any provision of the Software License Agreement between Client and Rolla proves to be invalid for any reason, this does not affect the other provisions of the Software License Agreement which remain in force. Void provisions of the Software License Agreement shall be replaced by provisions that are closest in meaning and meaning to the purpose and purpose of the Software License Agreement by agreement of the contracting parties. The same applies to legal gaps that arise when interpreting the Software License Agreement.
15. Notices
Notifications or other forms of communication between Clients and Rolla will be considered properly delivered according to the provisions of Software License Agreement if they are in writing and delivered to the other party by personal delivery, by registered mail or by e-mail to the address indicated Software License Agreement (or some other address provided by the contracting Parties in advance each other as valid).
16. Amendments of Software License Agreement
Any amendment to the Software License Agreement between the Client and Rolla will be made in writing in the form of an Annex. Verbal agreements of the contracting parties will not be taken into account, unless they are confirmed by the Annex, which will become an integral part of the Software License Agreement. Any waiver of the above-required written form by the contracting parties must also be in writing.
17. Updates of these Terms
Rolla reserves the right to amend these Terms from time to time for a number of reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service reasons. At any time, the then-current version of these Terms is available for viewing on the corresponding link on the web page.
In case of minor changes to these Terms (if, for example, there is a change in the law that means we need to change these Terms), we may simply make the new Terms available for viewing on the Platform and in the App. Please check these Terms regularly to ensure that you understand the up-to-date terms. For any significant changes to these Terms that will materially adversely impact you, Rolla will inform Clients and End-Users of any changes by a newsletter at least 7 days prior to the effective date of the changes via email to the address provided in Software Licence Agreement and during End-User’s Registration (“Amendment Information”). From receiving the Amendment Information, you will have an objection period of 7 days.
The Amendment Information will entail:
(i) the updated Terms,
(ii) the effective date of the changes,
(iii) a 7 day objection period,
(iv) information on the consequences of omitting an objection.
If Clients and End-Users do not object to the changes, the updated Terms will be deemed accepted even without expressive consent by Clients and End-Users .
In the event that you object to the changes, Rolla One is entitled to terminate Software Licence Agreement and to terminate and delete Client and End-User’s registered Rolla One account, under consideration of Client and Client and End-User’s interests if continuing the relationship under the scope of the current terms and conditions is not possible or unreasonable for Rolla.
Subject to previous paragraphs, any changes to these Terms must be made in writing.
18. Confidentiality obligations for Clients and Rolla
(a) Confidential data in the sense of these Terms and Software License Agreement includes data entrusted to the Data Recipient during the contractual relationship in oral, written and electronic form or in any other way of data exchange between the Rolla and the client, which includes:
- content of Software License Agreement
- the exchange of information between employees/memberes of the contracting parties,
- the exchange of business secrets and strategic goals of the contracting parties,
- the exchange of inventions and intellectual property owned by the contracting parties,
- sharing general information about other customers, partners and suppliers of contracting parties,
- insight into the software source code, server architecture and database structure of Rolla products,
- insight into the marketing and distribution channels of the contracting parties,
- exchange of marketing studies, designs, business and marketing plans of contractual parties,
- reports on financial obligations and insight into the parties' financial plans,
- exchange of information between the parties and any third party, where the parties have mutually agreed to provide some information to the third party,
- any other exchange of information arising as a result of a privileged business relationship between the contracting parties.
Rolla and Clients are obliged at all times to maintain and protect the Confidential Information of the other contracting party in the same way as that contracting party protects its own Confidential Information of a similar nature; and both Contracting Parties shall ensure that all measures necessary to meet the standards of due care and prudence are in place to protect said Confidential Information in all circumstances. The Confidential Information may not be disclosed to third parties except as otherwise provided in these Terms.
(b) Affiliates (including Rolla d.o.o.), consultants and subcontractors of Rolla are not considered third parties under this Section.
(c) The contracting parties agree not to use the Confidential Information for purposes other than the scope of Software License Agreement, unless otherwise specified in the Software License Agreement, and except in the case when said Confidential Information enters the public domain as a result of an action that is not the action of the recipient of the Confidential Information, or if it can be shown that the recipient became aware of it independently before the date of the Software License Agreement. The Contracting Party receiving the Confidential Information must take all reasonable efforts to ensure that its employees/members and subcontractors to whom the Confidential Information is disclosed within the scope of the Software License Agreement take the necessary precautions to protect and preserve the secrecy and confidentiality of the Confidential Information.
(d) Upon termination of the Software License Agreement, the Contracting Party that received the Confidential Information agrees to return all delivered material, as well as all copies made, to the Contracting Party that disclosed it.
(e) The Client guarantees that all information about his employees/members, received during the use of Rolla One, was obtained in accordance with applicable legal regulations and used only for the purposes necessary to enable the participation of individual Client and End-Users.
(f) In any case, the obligation of confidentiality shall remain after the term of the Software License Agreement indefinitely.
19. Other
In the event that individual provisions of these Terms or Software License Agreement shall be or become invalid, all other terms and conditions shall remain in full force and effect.
These Terms shall be governed by Federation of Bosnia and Herzegovina law. Any dispute, controversy, or claim arising out of, or in relation to these Terms, including the validity, invalidity, breach, or termination thereof, if not resolved amicably, shall be resolved in accordance with the law of Federation of Bosnia and Herzegovina before court in Mostar.
20. Termination
Each End-User shall have the right to terminate his/her Rolla One account at any time via account settings. Such termination shall be confirmed to the End-User.
Additionally, Rolla One reserves the right to terminate the End-User's registered Rolla One account for important reasons, such as due to gross breaches of the user’s obligations as set forth in these Terms.
