End-User Licence Agreement

Version 1.0 · Effective Date: 19.06.2026

This End-User Licence Agreement ("EULA") is a legal agreement between you and Custom Surgical GmbH governing your acquisition and use of the MicroREC Data Platform software.

PLEASE READ THIS EULA CAREFULLY BEFORE INSTALLING OR USING ANY PART OF THE SOFTWARE. BY CLICKING "ACCEPT" OR INSTALLING AND/OR USING THE SOFTWARE, YOU CONFIRM YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE.

If you are entering into this EULA on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms. If you do not have such authority, you must not accept this EULA.

This EULA governs your use of the following installed software applications (collectively, the "Software"):

• MicroREC App — native mobile application for iOS and Android
• MicroREC Desktop — native desktop application for Windows and macOS

MicroREC Connect is a web application accessed via browser and does not require a software licence. Access to and use of MicroREC Connect is governed by the Custom Surgical Terms & Conditions, available at customsurgical.co/terms-conditions.

This EULA applies to the Software supplied by Custom Surgical GmbH regardless of whether other software is referred to or described herein. These terms also apply to any Custom Surgical GmbH updates, supplements, internet-based services, and support services for the Software, unless other terms accompany those items on delivery.

Not a Medical Device: The Software is a medical data management platform enabling healthcare professionals to capture, store, and access clinical media and patient case data. It does not perform diagnostic functions and is not classified as a Software as a Medical Device (SaMD) under applicable medical device regulations including the EU Medical Device Regulation (EU MDR 2017/745).

Custom Surgical GmbH hereby grants you a personal, non-transferable, non-exclusive licence to use the Software on your devices in accordance with the terms of this EULA.

You are permitted to install and use the MicroREC App on mobile devices (smartphones and tablets) under your control, and the MicroREC Desktop application on PCs, laptops, or workstations under your control. You are responsible for ensuring your device meets the minimum requirements of the Software.

This licence is granted for the duration of your active account, subject to the terms of this EULA and the Custom Surgical Terms & Conditions. Upon termination of your account or this EULA, the licence granted hereunder will immediately terminate.

The MicroREC App is distributed through the Apple App Store and Google Play Store. Your download and use of the Software through these platforms is also subject to the applicable terms and conditions of Apple Inc. and Google LLC respectively. In the event of any conflict between this EULA and the relevant App Store terms, this EULA shall prevail to the extent permitted by the applicable App Store terms.

Custom Surgical GmbH is solely responsible for the Software and its content. Apple Inc. and Google LLC are not parties to this EULA and have no obligation to provide any maintenance or support services with respect to the Software.

MicroREC Desktop installer executables for Windows and macOS are currently distributed directly by Custom Surgical GmbH upon customer request. Access to the installer is granted by Custom Surgical GmbH employees following account verification. Custom Surgical GmbH reserves the right to modify its distribution method at any time, including publishing installer files publicly on its website, without prior notice.

You may only obtain MicroREC Desktop installer files through authorised channels provided by Custom Surgical GmbH. You must not redistribute, resell, or otherwise transfer installer files to any third party without the prior written consent of Custom Surgical GmbH.

Your use of the Software involves the processing of personal data, including patient data in your capacity as a data controller. The terms governing this processing are set out in the Custom Surgical Data Processing Addendum ("DPA"), available at customsurgical.co/data-processing-addendum, which forms part of the Custom Surgical Terms & Conditions.

By using the Software to process patient data, you accept the DPA in its current version and warrant that you have a valid legal basis under applicable data protection law for processing any special category data (including health data) through the Software.

For information about how Custom Surgical processes your personal data as a user of the Software, please refer to the MicroREC Data Platform Privacy Policy, available at customsurgical.co/app-privacy-policy.

You are not permitted to:

• - Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software, nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
• - Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose not expressly permitted by Custom Surgical GmbH
• - Allow any third party to use the Software on behalf of or for the benefit of any third party, except where explicitly authorised under an organisational account
• - Use the Software in any way which breaches any applicable local, national or international law or regulation, including applicable data protection and medical device regulations
• - Use the Software for any purpose that Custom Surgical GmbH considers to be a breach of this EULA
• - Attempt to circumvent, disable, or interfere with security-related features of the Software or any connected device, or introduce malicious code, or create an unreasonably large load on the Software, the cloud backend, or connected devices or services
• - Represent that the Software is a medical diagnostic tool or a Software as a Medical Device (SaMD)

The MicroREC Desktop application includes or interfaces with software development kits and components provided by Sony Corporation and/or its affiliates ("Sony Components") for the purpose of enabling remote control and use of compatible Sony imaging devices. Sony Components are licensed to Custom Surgical GmbH by Sony and are subject to the following additional terms:

Device Warranty Notice: You acknowledge and agree that, depending on the manufacturer's terms, once a device is used or controlled through the Software, the device may be outside or may void such manufacturer warranty as separately specified by the manufacturer (including Sony). You agree that it is your responsibility to review the applicable device warranty terms before use.

No Affiliation: You acknowledge that Sony is not the owner, licensor, creator, or developer of the Software, and you agree not to represent otherwise or cause others to believe otherwise.

Customer Support: Custom Surgical GmbH (not Sony or any other device manufacturer) provides customer support for the Software. Device manufacturers are not responsible for providing support for the Software.

The Software may include or interface with additional third-party software development kits, libraries, and components ("Third-Party Components") beyond those identified in Section 6.1. Such Third-Party Components are licensed to Custom Surgical GmbH by their respective owners under separate terms. Where such Third-Party Components are subject to open-source licences, the applicable licence terms are available upon request from data-protection-office@customsurgical.co.

You acknowledge that: (i) Custom Surgical GmbH (not any third-party component provider) provides customer support for the Software; (ii) no third-party component provider has any warranty, liability, or support obligation in connection with your use of the Software; and (iii) it is your responsibility to review the applicable device or hardware warranty terms before using the Software with any connected device.

Custom Surgical GmbH shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Custom Surgical GmbH.

Custom Surgical GmbH reserves the right to grant licences to use the Software to third parties.

Nothing in this EULA transfers any intellectual property rights to you. You retain all rights in and to the content and data you input into the Software (including patient data), subject to the terms of the DPA.

The Software connects to cloud backend infrastructure operated by Custom Surgical GmbH to enable data storage, synchronisation, and access. Your use of these cloud services is governed by the Custom Surgical Terms & Conditions and DPA in addition to this EULA.

You are responsible for maintaining the security of your account credentials. You must notify Custom Surgical GmbH promptly at data-protection-office@customsurgical.co if you become aware of any unauthorised access to or use of your account.

Free-tier accounts provide local capture functionality and metadata storage. Cloud storage of media (photographs and videos) requires an active paid subscription. Subscription features, pricing, and tier details are set out in the Terms & Conditions and on the Custom Surgical website.

The Software is provided "as is" and "as available" without warranty of any kind. To the fullest extent permitted by applicable law, Custom Surgical GmbH disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Custom Surgical GmbH does not warrant that the Software will be error-free, uninterrupted, or free from security vulnerabilities, or that any defects will be corrected. The Software is not intended to replace professional clinical judgment, and Custom Surgical GmbH makes no representations regarding the accuracy, completeness, or suitability of any clinical media or data processed through the Software for diagnostic or therapeutic purposes.

To the fullest extent permitted by applicable law, in no event shall Custom Surgical GmbH, its directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of profits, or business interruption, arising out of or in connection with your use of or inability to use the Software, even if Custom Surgical GmbH has been advised of the possibility of such damages.

Custom Surgical GmbH's total liability to you for any claim arising under or in connection with this EULA shall not exceed the amount paid by you to Custom Surgical GmbH in the twelve months preceding the event giving rise to the claim.

Nothing in this EULA shall limit or exclude liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by applicable law.

This EULA is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time by uninstalling the Software and deleting your account in accordance with the account deletion process described in the Privacy Policy and DPA.

This EULA will terminate immediately and automatically if you fail to comply with any term of this EULA or the Terms & Conditions. Upon termination, the licences granted by this EULA will immediately terminate and you agree to stop all access and use of the Software and to uninstall all copies.

The following sections survive termination of this EULA: Section 7 (Intellectual Property and Ownership), Section 9 (Disclaimer of Warranties), Section 10 (Limitation of Liability), Section 13 (Governing Law and Jurisdiction), and any other provisions that by their nature should survive termination.

Custom Surgical GmbH may from time to time issue updates, patches, or new versions of the Software. Such updates may be required for continued use of the Software and the cloud services. You agree that Custom Surgical GmbH may automatically install updates where technically feasible, or may require you to install updates as a condition of continued use.

Custom Surgical GmbH reserves the right to modify this EULA at any time. Where changes are material, we will notify you by email to the address registered on your account or by in-app notification. Your continued use of the Software after notification of changes constitutes your acceptance of the updated EULA.

This EULA and any dispute arising out of or in connection with this EULA shall be governed by and construed in accordance with the laws of Germany. Any disputes shall be subject to the exclusive jurisdiction of the courts of Munich, Germany, without prejudice to any mandatory consumer protection rights you may have under the law of your country of residence.

Entire agreement: This EULA, together with the Custom Surgical Terms & Conditions, Data Processing Addendum, and Privacy Policy, constitutes the entire agreement between you and Custom Surgical GmbH in relation to the Software and supersedes all prior agreements and understandings.

Severability: If any provision of this EULA is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

No waiver: Custom Surgical GmbH's failure to exercise or enforce any right or provision of this EULA shall not operate as a waiver of such right or provision.

Assignment: You may not assign or transfer this EULA or any rights or obligations hereunder without the prior written consent of Custom Surgical GmbH. Custom Surgical GmbH may assign this EULA without restriction.

For questions or notices relating to this EULA, please contact:

Custom Surgical GmbH
Agnes-Pockels-Bogen 1, 80992 Munich, Germany
Email: data-protection-office@customsurgical.co
Phone: +49 178 2064226

Effective date: 19.06.2026 · Version: 1.0