MEDCONTROL TERMS AND CONDITIONS OF USE

Last updated: December 11, 2025

RESPONSIBLE ENTITY: This service is operated by SHELBY CODE SL (hereinafter, "the Company", "we", or "MedControl"), a commercial company incorporated in Spain, with registered office at Calle Río Duero 33, 1C, 28913, Leganés, Madrid, and holding Tax ID (NIF) ESB70786892. Contact: appmedcontrol@gmail.com

PREAMBLE: ACCEPTANCE AND NATURE OF THE AGREEMENT Please read these Terms and Conditions ("Terms") carefully before using the MedControl mobile application. Access to and use of the Service is conditioned upon your full acceptance of these Terms.

IMPORTANT PRIVACY WARNING: To provide the service, MedControl requires the processing of special categories of data (health data). Upon registration, you will be asked for your explicit consent for such processing. Likewise, the use of the free version of the App implies acceptance of advertising technologies that may process technical identifiers and approximate location, as detailed in our [Privacy Policy].

1. NATURE OF THE SERVICE AND MEDICAL DISCLAIMER

1.1 Informational Self-Management Tool MedControl is a software tool (SaaS) designed to facilitate the recording, organization, and personal tracking of health information (symptoms, medication, appointments). MedControl is NOT a medical product nor a medical device as defined by Regulation (EU) 2017/745, except for those functionalities expressly certified as such.

1.2 Strict Absence of Medical Advice The content generated by the App, including Artificial Intelligence (AI) summaries, charts, and alerts, is for informational, educational, and organizational purposes only.

• NO DIAGNOSIS: The App does not have the capacity to diagnose diseases or prescribe treatments.
• NO SUBSTITUTION: The information provided should never replace the clinical judgment, diagnosis, or treatment of a professional physician.
• VERIFICATION: You acknowledge that data generated by AI may contain errors or inaccuracies ("hallucinations"). It is your sole responsibility to verify any critical information with a healthcare professional before making health decisions.

1.3 Limitation of Health Liability You accept that the use of the App is at your own risk. SHELBY CODE SL shall not be liable for any health damage, injury, or prejudice derived from the misinterpretation of data displayed in the App, failures in medication notifications, or inaccuracies in AI summaries. In case of a medical emergency, immediately contact 112 or your local emergency service.

2. ACCOUNTS, REGISTRATION, AND AGE

2.1 Registration Requirements The Service is directed exclusively to users over 14 years of age (or 16 years of age depending on the applicable local jurisdiction in the EU). By creating an account, you warrant that you meet this age requirement.

2.2 Security and Custody You are responsible for maintaining the confidentiality of your password. The Company is not responsible for losses resulting from unauthorized access to your account if this is due to your negligence in safeguarding your credentials.

3. SPECIFIC FUNCTIONALITIES, AI, AND DATA USE

3.1 Generative Artificial Intelligence (Google Vertex AI) The App integrates third-party services (Google Vertex AI) to process your health data, text, and voice in order to generate summaries and organize your history.

• Content License: By using these features, you grant MedControl a worldwide, non-exclusive, royalty-free license to process, reproduce, and transform your input data (text, audio, images) solely for the purpose of providing the AI service.
• Data Transfer: You understand and accept that the use of this functionality may involve the secure transfer of data to technology provider servers, regulated by data processing agreements that guarantee privacy under the GDPR.

3.2 Geolocation and Location-Based Services MedControl may request access to your location (approximate or precise) for specific functionalities, such as locating nearby health services or personalizing the experience.

• Control: You can revoke geolocation permission at any time from your operating system settings (Android/iOS). Please note that revoking this permission may limit certain functionalities of the App.

3.3 Advertising and Third Parties (Freemium Model) To support the free version of the Service, MedControl may display third-party advertising.

• Data for Advertising: You acknowledge that, subject to your consent granted through our Consent Management Platform (CMP), we may share technical identifiers (such as your device’s Advertising ID), approximate location, and non-identifying usage data with ad networks to display relevant ads. We will never share your specific health data or diagnoses with advertisers.

3.4 Audio and Image Recording The App may request microphone and camera permissions to allow you to dictate notes or scan medical documents. These media files are processed for the requested functionality and, unless otherwise stated, are treated ephemerally or stored in encrypted form.

3.5 Synchronization and Notifications You authorize writing to your personal calendar and the receipt of push notifications. MedControl does not guarantee the infallible delivery of notifications due to battery management restrictions of mobile operating systems.

4. INTELLECTUAL PROPERTY

4.1 Company Rights The software, algorithms, graphic designs, and underlying technology of the Service are the exclusive property of SHELBY CODE SL and its licensors, protected by the intellectual property laws of Spain and international treaties.

4.2 User Rights You retain full ownership of the health data and personal content you enter into the App. You may export or request the portability of your data at any time through the App’s tools.

5. SUBSCRIPTIONS, PAYMENTS, AND WITHDRAWAL

5.1 In-App Subscriptions Subscriptions are managed and billed through application platforms (Google Play Store / Apple App Store).

5.2 Right of Withdrawal In accordance with EU consumer regulations, you have the right to withdraw from the purchase within 14 days. However, as this involves digital content not supplied on a tangible medium, you expressly consent to the execution of the contract beginning immediately upon download or activation of the subscription, acknowledging that you lose your right of withdrawal once the enjoyment of the digital service has begun. To request refunds, you must follow the policies of the corresponding app store (Apple or Google).

5.3 Price Changes We reserve the right to modify fees. Any change will be notified at least 30 days in advance. If you do not accept the change, you must cancel your subscription before the new rate takes effect.

6. DATA PROTECTION AND PRIVACY The processing of your personal data is governed by our [Privacy Policy], which forms an integral part of these Terms. In compliance with the GDPR:

• We process your health data based on your explicit consent.
• You have rights of access, rectification, deletion, limitation, portability, and opposition, which you can exercise by contacting appmedcontrol@gmail.com or through the "Delete Account" function within the App (https://medcontrol.es/remove-user-data/).

7. LIMITATION OF LIABILITY To the maximum extent permitted by applicable law (and without restricting the unwaivable rights of consumers under the TRLGDCU – Spanish General Law for the Defense of Consumers and Users):

• SHELBY CODE SL shall not be liable for indirect damages, lost profits, or loss of data derived from the use of the App.
• The Company’s total liability to you for any cause of action shall be limited to the amount paid by you to the App in the last 12 months, or 50 euros if you have not made payments.

8. MODIFICATIONS AND TERMINATION We may update these Terms for legal or technical reasons. If the changes are material, we will notify you (e.g., via email or pop-up in the App) with reasonable advance notice. Continuing to use the App after the changes implies your acceptance. We may suspend your account if we detect fraudulent, abusive use, or use contrary to these Terms, without prejudice to appropriate legal actions.

9. APPLICABLE LAW AND JURISDICTION

9.1 Legislation These Terms are governed by the common law of Spain.

9.2 Jurisdiction

• For Consumers: In the event of a dispute, if you act as a consumer, the courts of your place of habitual residence shall be competent. Likewise, you may access the European Commission’s Online Dispute Resolution Platform.
• For Non-Consumers: If you are an entrepreneur or professional, you submit to the exclusive jurisdiction of the Courts and Tribunals of the city of Madrid.