Terms and conditions of use

1Purpose and nature of the service

WittyDoctor is an artificial intelligence system hosted on AWS and operated by WittyHelp, S.L. Its purpose is to provide scientific and reference information for healthcare professionals through its various assistants and modalities. The service does not issue clinical judgments nor replace the medical decision-making process.

2Acceptance of conditions and professional use declaration

The user declares, under their responsibility, that they are a duly qualified, registered, authorized healthcare professional and over 18 years of age. They accept that WittyDoctor:

• Uses artificial intelligence to organize, analyze, and present general medical information from accredited scientific sources.
• Does not replace professional judgment nor constitute a definitive medical diagnosis or mandatory treatment.
• Must be used only within the authorized professional context.

Acceptance of these Terms is an essential condition for use of the platform. For each user, WittyHelp, S.L. records and retains the version of the Terms accepted and the date, time and IP address of each acceptance, as evidence in accordance with applicable law.

3Restrictions on the use of patient personal data

The user agrees to:

• Not enter identifiable patient data into the system (name, medical record number, address, ID number, identifying images or audio, etc.) on any channel, including the web version, the assistants, the support chat and WittyDoctor WhatsApp.
• Limit content to anonymized or de-identified clinical descriptions necessary for the system's utility.

WittyHelp, S.L. is not responsible for users' failure to comply with this restriction.

To give effect to this restriction, WittyHelp, S.L. applies to the content of queries automated controls for detecting identifiable patient information and, where those controls flag it, review by authorised personnel. Any identifiable patient information detected will be deleted from the content. Until it has been deleted, such information will not be used for any purpose other than providing the service and, in particular, will be excluded from the processing set out in clause 18.

4Access, security and personal nature of the account

Access to WittyDoctor requires prior registration and authentication. The user is responsible for maintaining the confidentiality of their credentials and for using the system exclusively within the authorized professional scope.

The account is strictly personal and non-transferable. Sharing, transferring or allowing the use of the account by third parties is strictly prohibited, as the account is linked to the identity and professional registration declared by the user. Use of an account by a person other than the verified holder may constitute professional identity impersonation, with the corresponding legal consequences, including possible criminal liability under Article 401 of the Spanish Criminal Code. WittyHelp, S.L. may immediately suspend or cancel, without right to refund, any account in which it detects shared use, transfer or impersonation.

5Professional identity verification and fraud prevention

WittyHelp, S.L. may carry out reasonable checks to verify the identity and professional status of users requesting access to the platform, including validation of their professional registration number or comparison between the information provided and data available from official public sources or professional registers. Verification of registered healthcare professional status applies to all users, including those on the free plan.

If discrepancies, errors, or indications of unauthorized use of professional data are detected, WittyHelp, S.L. may:

• Temporarily suspend the registration or verification process,
• Contact the holder of the registration number or the corresponding professional association solely to confirm the authenticity of the request, and
• Take necessary measures to prevent improper or fraudulent use.

Such actions will be carried out under WittyHelp, S.L.'s legitimate interest in ensuring security, the accuracy of records, and compliance with applicable regulations governing communication with healthcare professionals, without disclosing personal data to unauthorized third parties.

6Service modalities and usage limits

6.1. Standard modality (free)

WittyDoctor offers a free version intended exclusively for registered and verified healthcare professionals. This version provides basic access to the informational and documentary functionalities of the system, with reduced usage limits, and is funded through advertising as described in clause 11.

6.2. Advanced modality – WittyDoctor Plus (Standard, Premium and Pro)

WittyDoctor Plus is the paid modality of the service, also intended for verified healthcare professionals, offering expanded technical functionalities (greater number of messages, greater context capacity, longer text length, more conversation memory, and preferential access to new tools). It is offered in the Standard, Premium and Pro modalities, with different usage levels. Access to WittyDoctor Plus can be activated through a paid subscription or through activation codes, in accordance with clauses 7 and 8.

6.3. Usage limits by modality

Each modality has a set number of monthly messages or interactions per assistant. The specific and updated figures for each modality are published and available at wittydoctor.com/app/plus. Unless expressly stated otherwise:

• Limits are calculated per calendar month and renew automatically on the 1st of each month.
• Unused messages or interactions do not accumulate and are lost at the end of the period.
• When the limit is reached, access to the corresponding assistant is blocked until the next renewal, at no additional cost or charge.

6.4. Nature of results and quota consumption

The user expressly acknowledges and accepts that:

• The results generated by the artificial intelligence are probabilistic in nature, are not guaranteed, and may contain errors, inaccuracies, or incomplete responses.
• Each interaction consumes part of the monthly quota regardless of whether the result obtained meets the user's expectations.
• It is the user's sole responsibility to formulate their queries clearly and appropriately. WittyHelp, S.L. assumes no responsibility for quota consumed due to poorly formulated, incomplete, or ambiguous queries.
• WittyHelp, S.L. is not obliged to restore individual consumed interactions. However, in the event of a documented general technical incident attributable to WittyHelp, S.L. affecting the provision of the service, WittyHelp, S.L. may compensate affected users with additional days of access, at its discretion.

7Payments, subscriptions and invoicing

7.1. Seller and payment processor

The seller of the service is WittyHelp, S.L. Payments are processed through the payment provider Stripe Payments Europe, Ltd. and its affiliates ("Stripe"). Stripe acts as the payment processor and directly handles card or payment method data. WittyHelp, S.L. does not store or have access to the user's full card data.

7.2. Subscription and automatic renewal

WittyDoctor Plus is contracted through a recurring (monthly) paid subscription, which renews automatically at the end of each period, charging the corresponding amount to the payment method provided, until the user cancels it. The user may cancel renewal at any time from their profile; cancellation takes effect at the end of the already-paid period, with access maintained until that date.

7.3. Prices and taxes

Applicable prices are shown on the platform and include VAT or other applicable indirect taxes according to the user's country.

7.4. Invoicing

Invoicing is handled automatically through Stripe. WittyHelp, S.L. will retain invoicing data for the period legally required under applicable commercial and tax regulations.

7.5. Price changes

WittyHelp, S.L. may modify subscription prices. Any price change affecting an active subscription will be notified to the user at least 30 days before it applies to the next renewal, and the user may cancel the subscription before the new price takes effect.

7.6. Right of withdrawal and immediate provision of the digital service

As this is an immediately performed digital content service, before completing payment the user must expressly request, via a specific checkbox, that the service begin immediately. In accordance with Article 103.m) of Royal Legislative Decree 1/2007, once the provision of the digital service has begun with the user's express consent and acknowledgment of the loss of the right of withdrawal, this right lapses. WittyHelp, S.L. retains a record of such request (date, time and IP) as evidence.

7.7. Refunds

• Amounts charged in error will be refunded, including double charges attributable to a technical billing failure.
• No refund will be granted for a service already provided or consumed.
• In the event of cancellation in the middle of an already-paid period, the unused proportional part will not be refunded: the service remains active until the end of the period and is not renewed thereafter.
• Refund requests will be handled through the platform's help channel or the email support@wittydoctor.com.

7.8. Failed payments

If a renewal charge fails (for example, an expired or declined card), up to 4 retries will be made over a period of 2 weeks. During that period, access to WittyDoctor Plus will be suspended until the charge can be completed. If, after the retries, the charge still cannot be completed, the subscription will be automatically cancelled. There is no grace period.

7.9. Geographic availability of payment

Payment is available in the countries and territories supported by Stripe. Countries or territories blocked by Stripe (for example, due to international sanctions) will not be able to complete payment.

8WittyDoctor Plus access codes

WittyHelp, S.L. may issue codes granting days of access to WittyDoctor Plus. These codes may be delivered directly by WittyHelp, S.L. (for example, through notifications or other means) or be acquired, funded, or distributed by entities in the pharmaceutical, biomedical, or healthcare sector for the sole purpose of funding the access upgrade (WittyDoctor Plus days) of professionals who already have a verified account. Code conditions:

• Codes are not personal: they may be transferred or assigned between individuals. They are activated in a specific, already-verified account and, once redeemed, are consumed and cannot be reused in another account.
• Days of access granted by different codes are cumulative.
• Codes do not expire by the mere passage of time until redeemed, unless expressly stated.
• Codes have no economic value redeemable for money and do not constitute a means of payment or a financial instrument.
• WittyHelp, S.L. does not guarantee or intervene in the transfer, gifting or resale of codes between individuals. Entering an invalid, already-used, or fraudulently used code will not give rise to any right to reactivation, refund, or compensation.
• WittyHelp, S.L. reserves the right to revoke codes when it detects fraudulent use, impersonation, or any indication of unauthorized commercialization.

Under no circumstances will entities that fund or distribute codes obtain access to identifiable personal data of beneficiary professionals, to usage information or interaction content, or to generated results. WittyHelp, S.L. will limit the processing of information to the technical verification and management of the corresponding code, in accordance with Article 6 of the GDPR and the current Privacy Policy.

Any obligation of declaration, transparency, or recording of transfers of value to healthcare professionals that may correspond to the funding or distributing entity (for example, under sector codes of conduct or good-practice codes) shall be the sole responsibility of that entity, with WittyHelp, S.L. assuming no responsibility in this regard.

9WittyDoctor WhatsApp

WittyDoctor WhatsApp is an optional channel, available exclusively to WittyDoctor Plus users, allowing interaction with the assistant via WhatsApp.

• The phone number is optional and requested only to enable this channel: it is used to identify and verify the user when they message the chatbot via WhatsApp. If the number is not registered or the user does not have Plus, they will not be able to use the channel.
• The user may delete their phone number at any time from their profile. Doing so will prevent further use of WittyDoctor WhatsApp.
• The channel uses the official WhatsApp Business API provided by Meta Platforms, Inc. (USA). Every message sent via WhatsApp is transmitted through Meta's infrastructure. The international transfer of data is covered by the EU Standard Contractual Clauses and/or the EU-US Data Privacy Framework.
• The user must not send identifiable patient data through this channel, nor images or audio that may contain such data. WittyDoctor processes only text; it does not process or store multimedia content (images, audio, files), which will be discarded. Content remaining in the user's own WhatsApp application is outside WittyHelp, S.L.'s control and is governed by Meta's terms.
• Conversations held through this channel are retained while the account is active, for verification and service operation purposes. They are automatically deleted after 36 months of total inactivity, as well as when the user deletes their number, their conversations, or their account.

10Notifications and support

The platform includes an internal notification system (accessible from the corresponding icon in the interface) and a system for reporting technical incidents, suggestions, questions and other communications, allowing a chat-type communication with administrators.

• Support is provided asynchronously. WittyHelp, S.L. will attend to communications as diligently as possible, without committing to a specific response time.
• Only authorized personnel (Staff) of WittyHelp, S.L. access these communications.
• Messages and notifications are retained while the account is active and are deleted when the user deletes their account.
• The user must not include identifiable patient data in these communications. If detected, it will be deleted and not retained.
• System notifications (granting of codes, support responses, changes to conditions or to the service) are transactional in nature and form part of the contractual relationship.

The support and notification channel must be used exclusively for its intended purposes. It may not be used to request codes, free access, or benefits not provided for, nor to insult, threaten, harass, or disrespect WittyHelp, S.L. staff. Breach may result in the immediate and permanent suspension or cancellation of the account, without any right to recovery or refund, without prejudice to the rights that data protection law grants the user over their personal data.

The user may voluntarily opt in to receive commercial and promotional communications from WittyDoctor and from third-party partners. This authorization is independent of consent to the main processing, is given through a specific option, and may be revoked at any time from the user's profile.

11Advertising of medicines and sponsorships

WittyDoctor may display advertising of medicines and other sector products, directed exclusively at healthcare professionals. Since all users, including those on the free plan, are registered and verified healthcare professionals, advertising is directed and distributed exclusively to persons authorized to prescribe or dispense medicines.

• WittyHelp, S.L. has notified its documentary advertising activity for human-use medicines to the Directorate-General for Public Health and Pharmaceutical Management of the Junta de Andalucía (Ref. SF/CMI), in accordance with Article 15 of Royal Decree 1416/1994, of 25 June.
• Advertising of medicines will be of an essentially scientific nature and will include the content required by applicable regulations. It will be clearly identified as advertising or sponsored content, as will the advertiser.
• The free modality is funded through advertising. Ads may be displayed as visible elements on the main screen or as easily dismissible pop-up windows, and may be segmented based on the user's specialty, country or province, on the basis of WittyHelp, S.L.'s legitimate interest in funding free access to the service. The user may stop viewing this advertising by subscribing to a paid modality.
• WittyHelp, S.L. does not disclose identifiable personal data of users to advertisers. Advertisers may only receive aggregated and anonymous statistics (for example, number of impressions or clicks).
• Ad content is provided by the advertiser, who is solely responsible for its accuracy and compliance with applicable regulations, and who warrants such compliance. As owner of the advertising medium, WittyHelp, S.L. will only admit messages that meet the requirements of Royal Decree 1416/1994 and reserves the right to reject or withdraw any ad that does not comply.
• Advertising does not constitute a recommendation by WittyHelp, S.L. and must not be used as a basis for prescription or dispensing decisions. The user may report any advertising they consider inappropriate through support@wittydoctor.com, without prejudice to their right to contact the AEMPS or the competent health authority.

12Intellectual and industrial property

All content and results generated by WittyDoctor are intended solely for the professional use of the authorized user. The use of such results is entirely under the user's responsibility.

WittyDoctor® is a registered trademark of WittyHelp, S.L. That trademark and its logo, including the names that incorporate it (WittyDoctor Science, WittyDoctor Pharma, WittyDoctor Report, WittyDoctor Analysis, WittyDoctor Plus, among others), are owned by WittyHelp, S.L. Their use, reproduction or exploitation without express authorization is prohibited.

13System limitations and exclusion of liability

The results generated by WittyDoctor are provided solely for informational and educational purposes. They should not be used as the sole basis for clinical, diagnostic, or therapeutic decisions. The system may contain errors and under no circumstances replaces traditional medical consultation or assessment. WittyHelp, S.L. and its providers are not responsible for damages or losses arising from the use of the system.

14Non-medical-device nature of the product

WittyDoctor is not a medical device. It is not certified under Regulation (EU) 2017/745 on medical devices (MDR), nor does it intend to be, and it has no diagnostic or therapeutic purpose. Its use must not be treated as that of a medical device.

15Transparency on the use of artificial intelligence

WittyDoctor uses artificial intelligence systems. In accordance with Regulation (EU) 2024/1689 (Artificial Intelligence Act), the user is informed that they are interacting with an AI system. Its results are probabilistic in nature, may contain errors or inaccuracies, and must not be used as the sole basis for clinical, diagnostic, or therapeutic decisions. The use of the generated information is the sole responsibility of the professional.

For the operation of the service, WittyHelp, S.L. uses technology providers of language models contracted under GDPR-compliant guarantees, with servers in the European Union and/or the USA covered by Standard Contractual Clauses and/or the EU-US Data Privacy Framework. The complete and updated list of providers and sub-processors is available upon request at support@wittydoctor.com.

16Privacy and data protection

WittyHelp, S.L. processes the personal data of registered users in accordance with its Privacy Policy. The service does not process health data or identifiable patient information. If patient personal data is accidentally entered, the user must delete it immediately and WittyHelp, S.L. will delete it if detected.

17Account cancellation and deletion

The user may delete their account and associated data from their profile at any time. Data will be deleted in accordance with the Privacy Policy, except for data that must be retained by legal obligation or for the defense of claims (for example, invoicing data and the record of Terms acceptance), which will be retained in blocked form for the corresponding legal period.

18Use of data for analytical, statistical and commercial exploitation purposes

WittyHelp, S.L. may use the data derived from use of the service, including the content of queries and generated responses, to produce statistics, analyses and studies of an aggregated or anonymised nature, for the purposes of system improvement, research and commercial exploitation.

These analytical products may be delivered to third parties in exchange for consideration. That activity is one of the funding routes that allow free access to the platform to be maintained.

Safeguards. Under no circumstances will identifiable personal data be delivered to third parties, nor the original texts of queries and responses as originally written, nor information allowing the content to be attributed to a specific user. Before any delivery, the following are applied cumulatively: rewording of the content, automated removal of identifiers, generalisation of age into bands and of location to province level, reduction of the date to a monthly period, a minimum grouping threshold by number of distinct professionals, unlinking of records from one another, and human review of all content flagged by the controls. Each delivery is recorded in an auditable manner.

No profiling. The files delivered do not allow unique professionals to be counted or individual profiles to be built, either within a single delivery or across successive deliveries. No stable user identifiers are delivered.

Patient data. Content in which identifiable patient information is detected is excluded from this processing.

Temporal application. Aggregated statistics may likewise be produced on activity recorded before this version came into force. Content analysis at the level of reworded queries and responses will apply only to activity recorded from the date on which each user accepts this version of the Terms.

Objection. Users may object at any time to the content of their queries being used for these purposes, without this affecting their use of the platform or the functionalities available to them. The conditions, safeguards and objection procedure are set out in section 9 of the Privacy Policy.

19Modifications and re-acceptance

WittyHelp, S.L. may modify these Terms at any time. Changes will be notified by email or upon the user's next access to the platform. When changes are substantial, express acceptance of the updated Terms will be required in order to continue using the platform.

WittyHelp, S.L. keeps a record of the version accepted by each user and of the date of acceptance. Where a clause expressly provides that it applies only from acceptance of a given version, that individual acceptance date will determine its temporal scope.

20Reservation of rights, suspension and force majeure

WittyHelp, S.L. expressly reserves the right to modify, suspend, or cease totally or partially the provision of the WittyDoctor or WittyDoctor Plus service at any time, for technical, legal, security, maintenance reasons, or due to force majeure circumstances or justified business decision. In such case it may revoke active access, interrupt the availability of the system, or modify the conditions or functionalities.

WittyHelp, S.L. shall not be responsible for the temporary or permanent impossibility of providing the service resulting from causes beyond its reasonable control, including, without limitation, network interruptions, serious technical incidents, regulatory changes, decisions by technology providers, or force majeure events. Service interruption will not generate any right to refund or compensation, except where required by mandatory law.

21Applicable law and jurisdiction

These Terms are governed by Spanish law. For users acting as professionals or businesses, the parties submit to the Courts and Tribunals corresponding to the registered office of WittyHelp, S.L. (Jaén). Where the user has the status of consumer, the legally applicable forum will have jurisdiction, and this clause shall not limit the rights granted to them by consumer protection law.

Intended use (declared purpose)

WittyDoctor is an artificial intelligence-based informational support tool designed exclusively for healthcare professionals. Its purpose is to facilitate access to and consultation of medical and scientific information from accredited sources and official organizations.

WittyDoctor does not perform diagnoses, clinical predictions, or therapeutic recommendations, and does not replace clinical judgment or local guidelines. All information must be verified before any clinical or healthcare application.