Software Subscription Terms

Version 1.0 · Effective Date: 19.06.2026

These Software Subscription Terms govern your access to and use of the Custom Surgical MicroREC Data Platform and supplement the Custom Surgical General Terms & Conditions.

These Software Subscription Terms are incorporated into and form part of the Custom Surgical General Terms & Conditions. By creating an account or accessing the Service, you accept these terms in their current version. Where you process patient data through the Service, you also accept the Data Processing Addendum (DPA).

"Active Account" means an account under which the user has logged in or captured data within the preceding 36 months, or which holds an active paid subscription regardless of recent login activity.

"Billing Cycle" means the recurring period (monthly or annual) for which a subscription fee is charged.

"Connect Business" means the organisational subscription tier enabling multi-user account management, as described in Section 3.

"DPA" means the Custom Surgical Data Processing Addendum, available at customsurgical.co/data-processing-addendum.

"EULA" means the MicroREC Data Platform End-User Licence Agreement governing the installed software applications.

"Free Trial" means the 15-day period during which a new subscriber may access a paid subscription tier without charge, as described in Section 4.3.

"Service" means the MicroREC Data Platform, comprising the MicroREC App (iOS and Android), MicroREC Desktop (Windows and macOS), and MicroREC Connect (web application), together with the associated cloud backend infrastructure operated by Custom Surgical GmbH.

"Subscription Fee" means the recurring fee payable by the Customer for access to a paid subscription tier.

"Subscription Term" means the period of a paid subscription, being either monthly or annual as selected by the Customer at the time of purchase.

2.1 The Service 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).

2.2 The Service is provided across three interfaces: the MicroREC App (mobile), MicroREC Desktop (desktop), and MicroREC Connect (web). These interfaces share a common cloud backend hosted on Google Cloud Platform within the European Union. Access to cloud features and interface availability depends on the subscription tier as described in Section 3.

2.3 The Service is intended for use by healthcare professionals only. By using the Service you represent that you are a qualified healthcare professional or are acting under the supervision of one, and that your use of the Service complies with all applicable professional and regulatory obligations in your jurisdiction.

The Service is available under the following tiers. Features and entitlements are summarised in the table below and described in detail on the Custom Surgical website:

The Free Tier is available to all registered users at no charge. Free Tier users may use the MicroREC App and MicroREC Desktop for local capture and recording, and may upload patient metadata (including patient IDs, session labels, dates, and locations) to the cloud backend. Cloud storage of media files (photographs and videos) and access to MicroREC Connect are not included in the Free Tier.

Free Tier local capture and recording features may be subject to periodic usage limits (such as a maximum number of captures or recordings per week). Current applicable limits are communicated to users within the Service interfaces and on the Custom Surgical website. Custom Surgical GmbH reserves the right to introduce, modify, or remove usage limits at any time with reasonable notice provided within the Service or by email.

Custom Surgical GmbH reserves the right to modify Free Tier features and limits at any time with reasonable notice.

The Individual subscription tier provides a single user with full access to the Service, including cloud media storage and MicroREC Connect. Pricing is published on the Custom Surgical website and is subject to change in accordance with Section 4.5.

Connect Business is an organisational subscription tier designed for clinical practices and healthcare organisations. It enables multiple users to be managed under a single organisational account, with centralised administration, user access management, and dedicated account support. Connect Business pricing is agreed between the Customer and the Custom Surgical sales team. Connect Business customers requiring a countersigned service agreement may request a Master Service Agreement (MSA) from the Custom Surgical sales team.

Paid subscriptions are available on monthly or annual Billing Cycles, as selected by the Customer at the time of purchase. The Subscription Fee is charged at the start of each Billing Cycle. For annual subscriptions, the full annual fee is charged upfront at the start of the Subscription Term.

Payment is processed by Stripe Technology Europe, Limited on behalf of Custom Surgical GmbH. By providing payment details you authorise Custom Surgical GmbH to charge the applicable Subscription Fee automatically at the start of each Billing Cycle until the subscription is cancelled. You are responsible for ensuring your payment details are accurate and up to date.

New subscribers to paid tiers may be offered a 15-day Free Trial. During the Free Trial, full access to the selected paid tier is provided without charge. At the end of the Free Trial, the subscription will automatically convert to a paid subscription and the Subscription Fee will be charged unless the subscription is cancelled before the Free Trial expires. No credit card charge will be made during the Free Trial period itself. Each Customer is entitled to one Free Trial per subscription tier. Custom Surgical GmbH reserves the right to withdraw or modify the Free Trial offer at any time.

All Subscription Fees are exclusive of applicable taxes including Value Added Tax (VAT) unless otherwise stated. Applicable taxes will be added to the Subscription Fee at the prevailing rate. You are responsible for all taxes applicable to your subscription in your jurisdiction.

Custom Surgical GmbH may modify Subscription Fees at any time. We will provide at least 30 days' written notice of any price increase before the change takes effect. Price changes will apply from the start of the next Billing Cycle following the notice period. If you do not agree to a price change, you may cancel your subscription before the change takes effect.

If a payment fails, Custom Surgical GmbH will attempt to retry the payment and will notify you by email. If payment is not successfully collected within 7 days of the original due date, Custom Surgical GmbH reserves the right to suspend access to paid tier features until payment is made. Continued failure to pay may result in termination of the subscription.

You may cancel your subscription at any time through your account settings or by contacting support@customsurgical.co. Cancellation takes effect at the end of the current Billing Cycle. You will retain access to paid tier features until the end of the Billing Cycle for which you have already been charged. No further charges will be made after cancellation.

Subscription Fees are generally non-refundable for the Billing Cycle in which cancellation occurs. Refunds are granted on a case-by-case basis at the discretion of Custom Surgical GmbH, subject to pro-rata calculation based on the unused portion of the Subscription Term at the time of cancellation. To request a refund, please contact support@customsurgical.co with your account details and the reason for your request. Custom Surgical GmbH will respond within 10 business days.

Custom Surgical GmbH may suspend or terminate your subscription at any time if you breach these Software Subscription Terms, the General T&Cs, the EULA, or the DPA. In the event of termination by Custom Surgical GmbH without cause, a pro-rata refund of any prepaid unused Subscription Fee will be provided.

When a paid subscription expires or is cancelled and the account reverts to the Free Tier, all previously uploaded media data (photographs and videos) stored in the cloud backend is retained for as long as the account remains active. Downgraded subscribers retain read access to their existing cloud-stored media via MicroREC Connect as a continued benefit, on the basis that cloud storage relieves local device storage constraints. New media uploads require an active paid subscription.

An account is considered inactive if no login or data capture activity has occurred within the preceding 36 months and the account holds no active paid subscription. Custom Surgical GmbH will send a written notification to the registered email address of accounts that have been inactive for 36 consecutive months. If the Customer does not reactivate the account or respond within 30 days of notification, Custom Surgical GmbH reserves the right to delete the account and all associated data permanently. Reactivation prior to deletion will preserve all data.

You may request permanent deletion of your account and all associated data at any time by contacting data-protection-office@customsurgical.co. All data will be permanently deleted from both the primary cloud backend and the secondary R&D environment within 30 days of the request, and written confirmation will be provided upon request. Account deletion is irreversible. Data deletion obligations and timelines are further described in the DPA.

Prior to cancellation or account deletion, you may export your data through the available export functions in MicroREC Connect. Custom Surgical GmbH does not guarantee the availability of data export functionality beyond the end of an active subscription and recommends that you export any data you wish to retain before cancelling.

Custom Surgical GmbH targets a Service availability of 99% uptime per calendar month, excluding scheduled maintenance windows and circumstances beyond Custom Surgical GmbH's reasonable control. Scheduled maintenance will be announced in advance where possible. Custom Surgical GmbH does not guarantee uninterrupted access to the Service and shall not be liable for any loss arising from unavailability except to the extent required by applicable law.

Technical support is available to all subscribers via email at tech-support@customsurgical.co. Connect Business customers are entitled to dedicated account support as agreed with the Custom Surgical sales team. Custom Surgical GmbH does not provide support for third-party hardware, devices, or software used in conjunction with the Service.

Custom Surgical GmbH may modify, update, or discontinue features of the Service at any time. Where a change materially reduces the functionality available to paid subscribers, Custom Surgical GmbH will provide at least 30 days' written notice and, at its discretion, offer a pro-rata refund for the affected period.

8.1 All users upload patient metadata to the Service from the point of account creation. Paid and formerly paid subscribers additionally upload media data (photographs and videos). By using the Service to process patient data, you act as a data controller and Custom Surgical GmbH acts as your data processor. The DPA, available at customsurgical.co/data-processing-addendum, governs this processing relationship and is incorporated into these Software Subscription Terms by reference.

8.2 By accepting these Software Subscription Terms, you also accept the DPA in its current version. You warrant that you have a valid legal basis under applicable data protection law, including Article 9(2) GDPR, for processing any special category data (including patient health data) through the Service.

8.3 Custom Surgical GmbH may retain pseudo-anonymised media data from paid and formerly paid subscriber accounts for internal research and development purposes for as long as the account remains active, on the basis of legitimate interests as described in the DPA. For this secondary R&D processing activity, Custom Surgical acts as an independent data controller determining the purpose of processing independently of the Customer's instructions. The Customer may object to this processing under Article 21 GDPR on behalf of its patients by contacting data-protection-office@customsurgical.co; objections will be honoured within 30 days and do not affect the primary service relationship. This data is deleted upon account deletion or formal deletion request.

9.1 Connect Business subscribers designate one or more account administrators who are responsible for managing users, permissions, and billing within the organisational account. The account administrator represents and warrants that they have authority to bind the organisation to these Software Subscription Terms and the DPA.

9.2 The account administrator is responsible for ensuring that all users added to the organisational account have been informed of and have accepted the applicable terms, including the EULA and Privacy Policy, prior to accessing the Service.

9.3 Connect Business customers may request a Master Service Agreement (MSA) from the Custom Surgical sales team for a countersigned service contract. Where an MSA is in place, the MSA shall prevail over these Software Subscription Terms to the extent of any conflict.

9.4 Upon termination of a Connect Business subscription, individual user accounts within the organisation will revert to Free Tier access unless otherwise agreed.

You agree to use the Service only for lawful purposes and in accordance with these Software Subscription Terms, the General T&Cs, the EULA, and applicable law. Without limiting the foregoing, you must not:

• - Use the Service to process data for any purpose other than legitimate clinical practice and healthcare management
• - Share your account credentials with unauthorised third parties or allow unauthorised access to your account
• - Attempt to access, probe, or test the vulnerability of the Service or its infrastructure without authorisation
• - Use the Service in a manner that could damage, disable, or impair the Service or interfere with other users' access
• - Upload or transmit any content that is unlawful, harmful, or that infringes the intellectual property or privacy rights of any person
• - Represent that the Service is a medical diagnostic tool or Software as a Medical Device (SaMD)
• - Resell, sublicence, or otherwise commercialise access to the Service without the prior written consent of Custom Surgical GmbH

11.1 All intellectual property rights in and to the Service, including the software, user interfaces, documentation, and underlying technology, are and shall remain the property of Custom Surgical GmbH or its licensors. These Software Subscription Terms do not transfer any intellectual property rights to you.

11.2 You retain all rights in and to the data you input into the Service, including patient data and clinical media. Custom Surgical GmbH's rights to use Customer data are limited to the purposes described in the DPA.

12.1 THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CUSTOM SURGICAL GMBH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SERVICE IS NOT INTENDED TO REPLACE PROFESSIONAL CLINICAL JUDGMENT.

12.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CUSTOM SURGICAL GMBH'S TOTAL AGGREGATE LIABILITY TO YOU UNDER THESE SOFTWARE SUBSCRIPTION TERMS SHALL NOT EXCEED THE TOTAL SUBSCRIPTION FEES PAID BY YOU IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12.3 NOTHING IN THESE SOFTWARE SUBSCRIPTION TERMS LIMITS OR EXCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Custom Surgical GmbH may update these Software Subscription Terms at any time. Where changes are material, we will notify you by email to the address registered on your account at least 30 days before the change takes effect. Your continued use of the Service after the effective date of the updated terms constitutes acceptance. If you do not accept the updated terms, you may cancel your subscription before the change takes effect and receive a pro-rata refund of any prepaid unused Subscription Fee.

These Software Subscription Terms and any dispute arising out of or in connection with them 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.

For questions or notices relating to these Software Subscription Terms:

• General enquiries: support@customsurgical.co
• Technical support: tech-support@customsurgical.co
• Data protection / account deletion: data-protection-office@customsurgical.co
• Connect Business sales: Contact the Custom Surgical sales team via customsurgical.co/contact-us

Custom Surgical GmbH
Agnes-Pockels-Bogen 1, 80992 Munich, Germany

Effective date: 19.06.2026 · Version: 1.0