TERMS OF USE AND DISCLAIMER

APP "¿Cómo estás?"

1. Purpose of the App

The App "¿Cómo estás?” is a digital service based on artificial intelligence (AI) that allows the user to maintain automated conversations of a social nature and for emotional support.

Warning: This App does not constitute in any case a professional medical, psychological, or psychiatric service. Its responses are automatically generated through AI algorithms and may contain inaccuracies.

2. Acceptance of terms

The download, installation, and use of the App imply full and unreserved acceptance of these Terms. If you do not accept the terms, you must refrain from using the App.

3. Rules of use

The user agrees to:

• Use the App in accordance with the law, good faith, and these terms.
• Not introduce illegal, defamatory, discriminatory, violent content or content that violates the rights of third parties.
• Not attempt to damage, manipulate, or gain unauthorized access to the systems of the App or its providers.
• Not use the App for unauthorized commercial purposes, spam, or fraudulent activities.
• Acknowledge that the service is intended for individuals over 18 years of age. Minors under this age must have parental consent.

Failure to comply may result in the suspension or cancellation of access.

4. Disclaimer

The Owner shall not be liable for:

1. Decisions made by users based on the AI's responses.
2. Accuracy, quality, or suitability of the automatically generated responses.
3. Technical interruptions, service outages, or lack of availability.
4. Damages derived from viruses, cyberattacks, or unauthorized access to external systems.
5. Content entered by users in their conversations.
6. Improper or illegal use of the App by third parties or users.

5. Intellectual and industrial property

All intellectual and industrial property rights over the App and its content (software, design, texts, logos, images, databases, etc.) belong to the Owner or to third-party licensors.

The user only obtains a personal, limited, non-exclusive, and non-transferable license of use. Any unauthorized reproduction, distribution, public communication, or transformation is prohibited.

6. Privacy and data protection

The processing of personal data is regulated in the Privacy Policy, which forms an integral part of these Terms and must be expressly accepted.

7. Modifications

The Owner may modify these terms at any time. Modifications will be published in the App and will be applicable from their date of publication.

8. Applicable law and jurisdiction

These terms are governed by Spanish legislation. The parties submit to the Courts and Tribunals of Granada, unless mandatory regulations provide for another jurisdiction.

9. Identification of the owner

General Version (free use)

In compliance with Regulation (EU) 2016/679 (GDPR), Organic Law 3/2018 (LOPDGDD) and other applicable regulations, users are informed:

• Application Owner: Pedro Antonio Yáñez Morcillo
• Contact email (support): informacioncomoestas@gmail.com

For the paid Premium version, additional information is provided in accordance with Art. 10 of Law 34/2002 (LSSI-CE), which appears in the Specific Terms and Conditions of Contracting.

PRIVACY AND DATA PROTECTION POLICY

APP "¿Cómo estás?"

1. Purpose of processing

The processing of personal data has the following purposes:

1. Provision of the main service: allowing the user to use the emotional support chat with artificial intelligence (AI), processing interactions in real time.
2. Customer service: managing requests for help, technical support, and communications related to the App.
3. Guarantee of security and operation: performing technical verifications, error detection, and prevention of misuse.
4. Experience improvement: analyzing the use of the App in an aggregated and anonymous manner to optimize its performance.

Important note: Conversations held with the App are not stored on any server or database. Messages are processed exclusively in real time and are immediately discarded once the session has ended.

2. Data processed

The App may process the following categories of data:

• Basic identification data: alias or username; email address only if the user chooses to provide it.
• Technical data: IP address, device type, operating system, App identifiers, and technical logs necessary for its operation.
• Content of conversations: messages entered in the chat, which may include sensitive data if the user shares it voluntarily. These messages are never stored or kept.

The Data Controller recommends not sharing highly sensitive information (e.g., account numbers, passwords, complete medical records, exact addresses).

3. Legal basis for processing

The processing is based on different legal grounds depending on the purpose:

• Execution of the contract (Art. 6.1.b GDPR): necessary to provide the support chat service.
• Explicit consent (Art. 9.2.a GDPR): applicable only to sensitive data (e.g., related to emotional health) that the user decides to reveal in their messages.
• Legitimate interest (Art. 6.1.f GDPR): to ensure the security of the App, prevent abuse, and perform minimal technical analysis.
• Compliance with legal obligations (Art. 6.1.c GDPR): in case competent authorities require technically or legally mandatory information.

4. User rights

Users may exercise the rights recognized in Arts. 15 to 22 of the GDPR:

• Access: request confirmation of whether we are processing their data.
• Rectification: correct inaccurate data.
• Erasure: request the deletion of their data.
• Objection: refuse certain processing based on legitimate interest.
• Restriction: temporarily restrict the processing.
• Portability: obtain a structured copy of the data provided.
• Withdrawal of consent: at any time, regarding processing based on consent.

To exercise them, simply write to informacioncomoestas@gmail.com. The Data Controller will respond within a maximum period of 1 month, extendable to 2 months in complex cases. In case of disagreement, the user may file a complaint with the AEPD (www.aepd.es).

5. Recipients and international transfers

• Data is not transferred to third parties, except by legal obligation or requirement of authorities.
• Technology providers are used (e.g., cloud servers, AI engine) that act as data processors under contract in accordance with Art. 28 of the GDPR.
• Some providers may operate outside the European Economic Area (EEA). In such cases, Standard Contractual Clauses of the European Commission and additional security measures are applied.

6. Conservation periods

• Conversations: never stored.
• Technical data (logs, IPs, security records): kept between 6 and 12 months, solely to guarantee the security and operation of the service.
• Support data: will be kept for up to 24 months from the resolution of the incident.
• Blocked data: those necessary to meet legal responsibilities may be kept during the legally provided statute of limitations periods.

7. Security measures

The Data Controller applies appropriate technical and organizational measures to protect the personal data of users, in accordance with Art. 32 of the GDPR and the LOPDGDD.

In particular:

• Conversations: not stored at any time; processed in real time and automatically deleted at the end of the interaction.
• Encryption: all communications between the App and the servers use security protocols (TLS/SSL).
• Access control: only authorized personnel can access the systems that manage minimal technical data.
• Incident protocols: in the event of a security breach, the procedures provided by the regulations will be followed, including notification to the AEPD and, where applicable, to the affected users.
• Continuous improvement: the Data Controller periodically reviews the security measures to adapt them to the evolution of technology and risks.

The user should note that, although advanced-level security measures are adopted, no technological system is completely infallible, so it is recommended to avoid sharing excessively sensitive information.

8. Data Controller

The Data Controller guarantees that personal data will be processed in a lawful, fair, and transparent manner, in accordance with the provisions of Regulation (EU) 2016/679 (GDPR) and Organic Law 3/2018 (LOPDGDD).

The person responsible for processing the personal data collected through the mobile application “¿Cómo estás?" is:

• Data Controller: Pedro Antonio Yáñez Morcillo
• Contact email: informacioncomoestas@gmail.com
• Data Protection Officer (DPO): Marplan Abogados, Experts in industrial property – dpd@marplan.es