End User License Agreement for the Liberdat Mobile Application

Last modified on: October 19th, 2026

1. Introduction

Liberdat offers a patient-driven health platform. With the App, You can collect personal data, such as Your physical activity, and receive personal fitness insights, for example how Your activity compares with that of similar patients and how it develops over time. If You wish, You can share Your data and fitness insights with Your Healthcare Professional, so that You can discuss them. You can also choose to make Your data available for research to Verified Researchers, in pseudonymised form, i.e. in a form that cannot be directly traced back to You. You decide what You share: sharing with Your Healthcare Professional and the use of Your data for research are based on Your separate explicit consent, which You can give and withdraw in the App at any time. How Liberdat processes Your personal data is explained in the Privacy Notice.

This Agreement is a legal agreement between You and Liberdat for the use of the App. By downloading and/or by using the App You confirm that You have read and understood this Agreement and that You have accepted these terms and conditions.

Persons under the age of 18 are not permitted to register for or use the App.

2. Definitions

2.1 Agreement: this End User License Agreement for the App.

2.2 App: any software – in particular mobile application software -, documentation and information that is made available to You by Liberdat under this Agreement.

2.3 Health Platform: Apple Health (HealthKit) on iOS devices or Health Connect on Android devices.

2.4 Lead Investigator: the verified researcher, or the person working for or on behalf of Liberdat, who bears ultimate responsibility for a research data request as further specified in the privacy notice.

2.5 Liberdat: Liberdat B.V., the provider of the App.

2.6 Platform means Liberdat’s web-based platform, which Healthcare Professionals and Verified Researchers use and via which You can share Your data with them.

2.7 Privacy Notice means Liberdat’s privacy notice, which is available in the App and on Liberdat’s website, as amended from time to time.

2.8 You and Your: to the natural person that acquires the App subject to the terms and conditions of this Agreement.

2.9 Your Healthcare Professional means the healthcare professional who treats You and with whom You have chosen to share Your data via the App.

3. Use Rights

3.1 Liberdat grants to You a free-of-charge, non-exclusive, non-sublicensable, non-transferable, revocable and time-limited right to use the App solely on your mobile device that You own or control and, if You obtained the App from the Apple App Store, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions (which may permit use via Family Sharing) and subject to the terms and conditions of this Agreement. Liberdat reserves all rights not expressly granted to You.

3.2 To use the App, You must create an account. You shall provide accurate information, keep Your login credentials confidential and use the App only for Yourself. You shall not enter data relating to other persons.

3.3 You shall not (i) copy, modify, decompile or reverse engineer the App, except to the extent permitted by mandatory law, (ii) attempt to gain unauthorised access to the App, the Platform or the data of other users, or (iii) use the App in a manner that infringes applicable law or the rights of others. Liberdat may suspend Your account if You materially breach this section 3.3.

4. Proprietary Rights

4.1 The App is the sole and exclusive property of Liberdat and its licensors. The App is protected by copyright laws and other intellectual property laws. All rights, title, and interest in and to the App, including all intellectual property rights, are and shall remain with Liberdat and its licensors.

4.2 The App contains open source software or similar third-party software (“OSS”), which is listed in the info section of the App. You are entitled to use the OSS in accordance with the respective license conditions of the OSS. The license conditions of the respective OSS shall prevail over section 3.1 of the Agreement with respect to the use of the OSS. If the license conditions of the OSS require the distribution of the source code of such OSS, then Liberdat shall provide such source code on request.

5. Data protection

5.1 Liberdat processes Your personal data in accordance with applicable data protection law, in particular the GDPR, and as described in the Privacy Notice, which is available in the App and on Liberdat’s website.

5.2 The processing of Your health data to generate fitness insights, the sharing of Your data with Your Healthcare Professional, and the use of Your data for research, including by Verified Researchers for specific research projects and for exploring research ideas before such a project starts (as described in the Privacy Notice), are based on Your separate explicit consent, which You give in the App. Your consent is not a condition for entering into this Agreement, except insofar as the processing is necessary to provide the functionality concerned. You can withdraw Your consent at any time in the App, as described in the Privacy Notice. Before Your data will be made available for research, Liberdat will inform You in the App with the information provided by the Lead Investigator of the nature, purpose and duration of the research, the procedures, risks and benefits for You, how Your data is kept confidential and with whom it is shared, whom You can contact with questions and how You can withdraw.

6. Data Use Rights

6.1 In connection with You using or having used the App, Liberdat may obtain, receive or collect your personal data, including health data, directly from You or from from third parties, such as Your Healthcare Professional and the organisation with which they are affiliated and, if You connect them to the App, Apple Health (iOS) or Health Connect (Android) when You use or have used the App (“Dataset A”). In addition, Liberdat (as well as third parties acting on Liberdat’s behalf) may obtain, receive or collect data and information, including system-specific data or information or other content, from You using or having used the App (“Dataset B”). Dataset A and Dataset B are hereinafter collectively referred to as “Your Data”.

6.2 To the extent that any intellectual property rights subsist in Your Data, You hereby grant Liberdat (and, limited to Dataset B, third parties acting on behalf of Liberdat) a non-exclusive, worldwide, royalty-free licence to use Your Data for the purposes described in the Privacy Notice, including (i) making Your Data available to Your Healthcare Professional and, in pseudonymised form, to Verified Researchers for research, and (ii) Liberdat’s own research and the development, training, validation and improvement of its products and services, in each case only insofar as You have given Your consent where the Privacy Notice requires it. Liberdat may sublicense this licence to the extent necessary for these purposes. If You withdraw Your consent, this licence ends for the purposes concerned, without affecting anonymised data, aggregated results, publications and trained models created before Your withdrawal, to the extent permitted by law. Liberdat may compile, use and exploit anonymised and/or aggregated data, statistics and insights derived from Your Data, data of other users and other sources, which do not enable Your identification (“Liberdat Data”), for any purpose. All rights in Liberdat Data vest in Liberdat.

6.3 You represent that the data You enter in the App relates to Yourself and is, to the best of Your knowledge, accurate and complete. Liberdat is not responsible for the accuracy of data You enter Yourself or of data provided by third parties such as Apple Health or Health Connect. Liberdat takes appropriate technical and organisational measures to protect Your Data against loss, destruction and unauthorised access, as described in the Privacy Notice.

6.4 If You connect the App to a Health Platform, the App only reads the data types You authorise in the permission settings of that Health Platform; for Android users this includes “Active calories burned”, “Activity intensity”, “Distance”, “Exercise”, “Sleep”, “Speed”, “Steps”, “Total calories burned” and for iOS users this includes “Steps”, “Flights climbed”, “Active energy”, “Resting Energy”, “Exercise minutes”, and “Sleep”, and only for as long as Your authorisation lasts. You can withdraw this authorisation at any time in the settings of the Health Platform or of Your device, after which the App no longer receives new data from it. Data obtained from a Health Platform is used only to provide the App’s functionality to You, to share it with Your Healthcare Professional and, if You have consented, for health research and the improvement of health management, in each case as described in the Privacy Notice. Liberdat will not sell such data, transfer it to advertising platforms, data brokers or information resellers, use it for advertising, marketing or use-based data mining, or use it to determine creditworthiness, insurance eligibility or employment suitability. Liberdat does not store such data in iCloud.

7. ‘As Is’ and ‘As Available’ provision

7.1 To the extent permitted by applicable law, the App is provided to You on an "As Is" and “As Available” basis. Liberdat will provide updates, including security updates, insofar as required by applicable law, and may issue other updates at its discretion. Liberdat may change or discontinue functionalities of the App, subject to section 12.2.

8. No Medical Advice and No Medical Device

8.1 In the App, Liberdat provides You with personal fitness insights. The App and personal fitness insights are provided for general informational purposes only. Liberdat does not provide medical advice, the App is not a medical device and is not intended to be a substitute for professional medical judgement, diagnosis or treatment. You should seek the advice of Your Healthcare Professional with any questions You may have regarding your health. If any information you receive or obtain from using the App is inconsistent with the medical advice of Your Healthcare Professional, You should follow the advice of Your Healthcare Professional. You should never disregard medical advice or delay in seeking medical advice and treatment because of any content (e.g. personal fitness insights) presented in the App. The App is not intended for use in emergencies; in an emergency, contact the emergency services. If You share fitness insights with Your Healthcare Professional, these serve only as a general source of information and decisions about Your care remain the responsibility of Your Healthcare Professional.

9. No Warranty and Limitation of liability

9.1 To the maximum extent permitted by applicable law, Liberdat expressly disclaims any warranty of the App, either express or implied, including, without limitation, warranties of fitness for a particular purpose, nonexistence of defects and noninfringement. This does not affect Your statutory rights as a consumer, including Your rights in respect of the conformity of the App.

9.2 Liberdat is not liable for indirect or consequential damage, including loss of profit. Liberdat’s total liability for direct damage arising out of or in connection with this Agreement or the use of the App is limited to EUR 500 per event or series of related events.

9.3 The limitations and exclusions of liability in section 9 shall not apply (i) to the extent that liability cannot be limited or excluded according to applicable law and (ii) in cases of wilful misconduct or gross negligence by Liberdat or its managerial staff and (iii) to damage resulting from death or personal injury.

10. Termination

10.1 This Agreement is effective until terminated. You may terminate this Agreement at any time by deleting Your account in the App (Settings > Delete Account) or by submitting a deletion request via https://www.liberdat.io/legal/delete-account for Android users. Deleting the App from Your mobile device alone does not delete Your account or Your Data. Liberdat may terminate this Agreement with immediate effect if You materially fail to comply with this Agreement, and for any other reason by giving You at least fourteen (14) days’ notice in the App. Upon termination, You must cease all use of the App and delete the App from Your mobile device. After termination, Your Data is deleted or retained as described in the Privacy Notice.

11. Governing law

11.1 This Agreement shall be exclusively governed by and construed in accordance with the substantive law of The Netherlands, without reference to that jurisdiction’s conflicts of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

11.2 Any disputes arising out of or in connection with this Agreement shall be submitted to the the competent court in Amsterdam, the Netherlands, without prejudice to section 11.3.

11.3 Notwithstanding sections 11.1 and 11.2, where You are acting as a consumer and are habitually resident in a country within the European Economic Area, nothing in this Agreement affects the protection afforded to You by any mandatory provisions of the law of Your country of residence that cannot be derogated from by agreement, nor Your right, where mandatory rules of applicable law so require, to bring or defend proceedings before the competent court of Your place of residence.

12. Miscellaneous

12.1 This Agreement is concluded between You and Liberdat, and not with Apple Inc., Google LLC or any other provider of the app store from which You obtained the App (each an “App Store Provider”). Liberdat, not the App Store Provider, is solely responsible for the App and its content, and for providing any maintenance and support services in respect of the App as specified in this Agreement or as required by applicable law. App Store Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the App. When using the App, You must comply with the terms of service of the App Store Provider and with any other applicable third-party terms, such as those of Your mobile network operator.

12.2 Liberdat may amend this Agreement. Liberdat will inform You of material amendments in the App at least fourteen (14) days before they take effect. If You do not agree with an amendment, You may terminate this Agreement before the amendment takes effect by deleting Your account. The current version of this Agreement is available in the App and on Liberdat’s website. Amendments to this Agreement do not affect the consents You have given; where an amendment requires new consent, Liberdat will ask for it separately.

12.3 If any provision of this Agreement is found to be void or unenforceable, it will not affect the validity of any other provision of this Agreement and those provisions will remain valid and enforceable according to their terms.

12.4 If You obtained the App from the Apple App Store, the following also applies: (a) in the event of any failure of the App to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price (if any) for the App to You; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App; (b) Liberdat, not Apple, is responsible for addressing any claims by You or any third party relating to the App or Your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement and (iii) claims arising under consumer protection, privacy or similar legislation, including in connection with the App’s use of HealthKit; (c) in the event of any third-party claim that the App or Your possession and use of the App infringes that third party’s intellectual property rights, Liberdat, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of such claim; (d) You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and that You are not listed on any U.S. Government list of prohibited or restricted parties; and (e) Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and upon Your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third-party beneficiary thereof.

13. Contact information

You can contact us at any time by email at info@liberdat.io, by telephone at +31 619461155, or by post at Liberdat B.V., Soerapatistraat 59, 1018 PN, Amsterdam, The Netherlands. For questions about the processing of Your personal data, You can contact privacy@liberdat.io or Liberdat’s data protection officer via dpo@liberdat.io (see the Privacy Notice).