These Terms regulate access, browsing, use, registration, contracting, and responsibilities within the Marketplace.

CANARYmedic provides technological infrastructure including:

• Appointment scheduling and management
• Video communication
• Payment gateway and billing
• Messaging and content
• Professional and patient private areas

Important: CANARYmedic does not provide medical services and is not a party to the healthcare service contract. The clinical relationship exists exclusively between the Professional and the Patient.

These Terms consist of:

• Part I – General provisions
• Part II – Patients/Users (B2C)
• Part III – Professionals/Experts (B2B)
• Part IV – Payment Service Provider (PSP)
• Part V – Final provisions

In case of conflict, the specific provisions in Parts II or III prevail over Part I.

Spanish law applies (including LSSI-CE, GDPR, LOPDGDD, RDL 1/2007).

• B2C (Consumers): Courts of the consumer’s domicile.
• B2B (Professionals): Exclusive jurisdiction of the Courts of Arrecife (Las Palmas).

The Vienna Convention on International Sale of Goods is expressly excluded.

CANARYmedic may modify these Terms for legal, technical, or service reasons. Notification will be provided 30 days in advance (or shorter if required by law). Continued use after this period implies acceptance. Users may close their accounts without penalty if they object.

Basic access: Free.

Full functionality: Registration required for booking, payments, or videoconsultations.

Minimum age:

• 16 years to register.
• 18 years to contract healthcare services (or through legal representative).

The user guarantees that provided data is truthful and updated.

CANARYmedic ensures reasonable technical provision (“best efforts”) but does not guarantee:

• Absolute accuracy of user or professional information (despite verification processes)
• Uninterrupted availability (99.9% uptime except force majeure)
• Clinical outcomes or therapeutic success
• Solvency of users or professionals

Scheduled maintenance may temporarily limit availability.

The user is responsible for safeguarding credentials and must notify any unauthorized access. CANARYmedic may suspend accounts in cases of:

• Serious violations of these Terms
• Detected security risks
• Fraud or identity impersonation

The following is prohibited:

• Illegal, defamatory, discriminatory, or fraudulent activities
• Introducing malware, mass scraping, or attempts to access unauthorized areas
• Recording videoconsultations without express written consent of all parties
• Unauthorized commercial use of the brand or the platform

The design, source code, proprietary content, trademarks, and logos belong to CANARYmedic or licensed third parties. Users receive a limited, non-exclusive, non-transferable, revocable license to use the Site.

CANARYmedic is not responsible for third-party websites.

Links to CANARYmedic are permitted provided they do not reproduce the Site (frames) or harm its reputation.

Except in cases of willful misconduct, gross negligence, or damage to life or physical integrity (where liability is unlimited), CANARYmedic’s liability for technical service failures is limited to the commissions paid in the previous 12 months.

CANARYmedic is not responsible for:

• Medical decisions, diagnoses, or prescriptions (exclusive responsibility of the Professional)
• Health outcomes
• Interruptions due to force majeure or user’s own internet issues

Processing is governed by the Privacy Policy and the Cookie Policy.

• CANARYmedic: Controller for platform data (registration, analytics, commission billing).
• Professionals: Controllers for health data (clinical care).

Electronic communications will be sent only:

• With explicit user consent (newsletter), or
• Based on a prior contractual relationship (similar products) under Art. 21.2 LSSI-CE, always with opt-out.

Email: info@canarymedic.com
Privacy: privacy@canarymedic.com

Official complaint forms are available at the corporate address and via the Canary Islands Consumer Authority.

If any clause is declared void, the remainder stays valid. It will be replaced by a valid clause approximating the original intent.

• XPERTyme GmbH: Video communication and scheduling (EU servers).
• MangoPay: Payment services.

The healthcare service contract is exclusively between the Patient and the Professional. CANARYmedic acts only as a technological intermediary.

• CANARYmedic does not intervene in medical decisions.
• CANARYmedic does not set medical fees (set by the Professional).

Before confirming booking and payment, the following will be shown:

• Final full price (including applicable taxes if any)
• Professional’s cancellation policy
• Professional’s identity, license number, and specialty

Using the Platform for searching is free. Any service fees will be displayed before payment.

A) Withdrawal exception (Art. 103 TRLGDCU)

Users acknowledge that the 14-day withdrawal right does not apply once a service has been fully performed. Healthcare services are subject to their own legal framework.

B) Appointment cancellation policy

Instead of the standard e-commerce withdrawal right, the following applies:

• Early cancellation: Full refund if cancelled within required advance notice (e.g., 24 hours).
• Late cancellation or No-Show: The Professional may retain full or partial fee as compensation.

Users must use the automated tools in the “Patient Area” to request cancellations or refunds.

Patients may delete their account at any time. Account data will be blocked and later erased.

Note: Health data held by the Professional must be stored for the legally required period (minimum 5 years under Law 41/2002).

In accordance with Art. 14.1 of Regulation (EU) 524/2013: https://ec.europa.eu/consumers/odr

The Professional declares to act as an independent business or self-employed person.

• Autonomy: Freedom to manage their practice, agenda, and acceptance of appointments.
• Responsibility: Sole responsibility for compliance with healthcare, ethical, and tax regulations.
• Requirements: Must hold recognised qualifications, be licensed, and maintain valid professional liability insurance covering telemedicine in Spain.

To ensure service viability, it is prohibited to:

• Divert patients outside the platform for future consultations (“bypass”)
• Offer hidden or off-platform pricing to avoid commissions
• Use platform-obtained contact data for external patient acquisition

Violation of this clause constitutes a serious breach and grounds for immediate termination.

Professional-Patient relationship: The Professional must issue the invoice/receipt for the medical service (often VAT/IGIC-exempt).

Platform-Professional relationship: CANARYmedic invoices the Professional for technological intermediation commissions (+ IGIC).

Payment flow: Patient pays the PSP. The PSP distributes funds: net fees to the Professional and commission to CANARYmedic.

Taxes: The Professional is responsible for fulfilling their own tax obligations.

The Professional acts as Controller of health data. Obligations:

• Maintain clinical history according to law
• Guarantee confidentiality and security
• Issue prescriptions and reports lawfully

CANARYmedic has no access to clinical data in clear form unless legally required.

Use is allowed only according to the Brand Guidelines. It is prohibited to imply partnership, franchise, or employment relations.

1 professional account = 1 individual licensed professional.

Clinics must register each practitioner separately.

Account credential sharing is prohibited.

The contract is indefinite. Either party may terminate with 4 weeks’ notice.

Immediate termination (just cause):

• Loss of professional license
• Platform bypass
• False profile information
• Serious patient safety risks
• Non-payment of commissions

Payment processing and e-wallet management are provided by MangoPay S.A., authorised in Luxembourg and supervised by the CSSF.

Both Professional and Patient accept MangoPay’s Terms and Conditions, which form an integral part of this contract.

MangoPay T&C: Terms & Conditions Mangopay

CANARYmedic does not hold user funds; they are stored in segregated accounts managed by the PSP.

• CANARYmedic: Controller for platform data (registration, analytics, commissions).
• Professional: Controller for health data.
• MangoPay: Independent controller for financial data and AML compliance.
• XPERTyme: Processor for video transmission.

CANARYmedic is a technical platform. In any medical emergency, users must call 112 or go to emergency services. Videoconsultation is not a substitute for in-person urgent care.

These Terms shall be interpreted in accordance with Spanish law.

CANARYmedtech S.L.U.
C/ Los Dragos 3, 35508 Costa Teguise, Teguise (Las Palmas)
info@canarymedic.es