End User License Agreement

This English version is a translation provided for convenience. In case of conflict the Turkish version prevails.

This End User License Agreement (the "Agreement") sets the terms for using the EnaResearch mobile app on iOS and Android (the "App"). It is an agreement between you, as the person using the App (the "Participant" or "you"), and ENA Innovation Sağlık ve Yazılım Teknolojileri San. Tic. A.Ş. ("ENA Innovation", "we"). You accept this Agreement when you activate the App with the activation card from your research team. If you do not accept it, do not use the App and tell your research team.

The terms used here (Customer, Customer Environment, Customer Data) have the meanings given in the Terms of Service.

1. What the App is forCopy Anchor Link

1.1. The App lets people who take part in a study run by an organization that uses EnaResearch (the "Customer", for example a hospital, university, research center or independent researcher) send device and health-platform data to that organization's Customer Environment. It reads Apple Health (HealthKit) data on iOS and Health Connect data on Android, only for the measurement types the study allows and only with your permission.

1.2. You can use the App only if a Customer has invited you to a study and given you an activation card (organization code, 6-character participant code and a one-time activation key). There is no public sign-up and no account; you set a 6-digit PIN on activation.

1.3. Your study is a relationship between you and the Customer. ENA Innovation provides the software but is not a party to the research relationship. Questions about the study, about taking part and about ending your participation should go to your research team.

2. Not a medical deviceCopy Anchor Link

2.1. The App and EnaResearch are not a medical device. They are not used for diagnosis, treatment, prevention or monitoring of disease, clinical decision support or vital-sign monitoring.

2.2. No one watches your data in real time through the App, and the App raises no health alerts. In an emergency, or if you feel unwell, contact a doctor or the emergency services; do not rely on the App.

2.3. The App sends data as your phone, health platform or device records it. Its clinical accuracy has not been validated.

3. LicenseCopy Anchor Link

3.1. ENA Innovation grants you a personal, non-exclusive, non-transferable, revocable and free right to install the App on an iPhone or Android phone that you own or control, and to use it solely to take part in your study.

3.2. This right ends automatically when your participation ends, when your participant code is revoked, or when you breach this Agreement. You can stop using the App at any time (Section 8).

3.3. The App is licensed, not sold. All rights not expressly granted remain with ENA Innovation.

4. What you must not doCopy Anchor Link

You must not:

• use another person's activation card, participant code or PIN, or pass yours on to others;
• knowingly send false data, or data from another person's device or health account;
• copy, modify, decompile, reverse engineer or try to obtain the source code of the App, except where mandatory law allows it;
• try to bypass the App's security measures, or access data of other participants, the Customer Environment or the EnaResearch service beyond your own participant interface;
• rent, sell, sublicense or otherwise make the App available to third parties.

The Acceptable Use Policy applies in addition (Section 8 of that policy is written for participants). Security vulnerabilities may be reported under the Responsible Disclosure Policy.

5. Requirements and availabilityCopy Anchor Link

• iOS: iPhone with iOS 17 or later. Android: Android 9 or later with Health Connect (on Android 13 and earlier, the Health Connect app from Google Play).
• An internet connection is needed to activate and to send data. Measurements not yet sent are kept on the phone and sent later.
• How often data is sent depends on the operating system's background limits, the phone's connection and the permissions you give. We do not promise that data will be sent within a specific time.
• The App is distributed only through Apple's App Store and Google Play, in the countries where ENA Innovation makes it available.

6. Your dataCopy Anchor Link

6.1. For data sent through the App, the Customer running your study is the data controller. ENA Innovation processes it as data processor, on the Customer's instructions. The purpose of the study, the legal basis, the retention period and your rights are set out in the participant information notice the Customer gives you.

6.2. How the App handles data is described in the Privacy Policy (Section 6) and the Health Data Statement. In short:

• the App reads only the measurement types the study allows, and only those you give permission for;
• session details are kept in the phone's secure storage (iOS Keychain, Android Keystore);
• measurements not yet sent stay on the phone until the Customer Environment confirms that it has stored them, and are then deleted from the phone;
• the App contains no ads, advertising identifier, in-app purchases, or third-party analytics or tracking tools, and does not use push notifications;
• data is sent encrypted (HTTPS) only to the Customer's own EnaResearch environment; Apple and Google do not receive it from the App.

6.3. To exercise your rights, see Data Subject Requests.

7. UpdatesCopy Anchor Link

We may release updates to fix errors, keep the App secure or follow changes in the operating systems and health platforms. Some updates may be needed to keep sending data. Updates are distributed through the app stores and are subject to this Agreement unless they come with different terms.

8. Ending useCopy Anchor Link

• Disconnect this device: in the App, this stops data transfer immediately and deletes measurements not yet sent from the phone. To reconnect you need a new activation card.
• Withdraw permissions: you can withdraw Apple Health or Health Connect access in the operating system settings at any time; no new data is read after that.
• Uninstall: the App's data on the phone is deleted.
• By the research team: the Customer can revoke your participant code, which also ends the session on your phone, for example at the end of the study.

Ending use of the App does not delete data the Customer already holds. To withdraw from the study or request deletion, contact your research team.

9. Intellectual property and open-source componentsCopy Anchor Link

9.1. The App, its code, design and documentation, and the EnaResearch and ENA Innovation marks and logos belong to ENA Innovation or its licensors.

9.2. The App may include open-source components that are subject to their own license terms. Those terms apply to the extent they give you broader rights than this Agreement. A list of the open-source components in the App and their licenses is available on request from support@enainnovation.com.

10. WarrantyCopy Anchor Link

10.1. The App is provided free of charge for taking part in a study. To the extent permitted by applicable law, it is provided "as is" and "as available". We do not warrant that the App will run without interruption or error, or that data from your phone, health platform or devices will be accurate or complete.

10.2. If you are a consumer, nothing in this Agreement limits the rights you have under the mandatory consumer protection law of the country where you live.

11. LiabilityCopy Anchor Link

11.1. To the extent permitted by applicable law, ENA Innovation is not liable for indirect damages or for damage arising from use of the App contrary to Section 2 or Section 4.

11.2. These limits do not apply to intent or gross negligence, to damage to life, body or health, or to any other liability that cannot be limited or excluded under applicable law, including Article 115 of Turkish Code of Obligations No. 6098 and the mandatory law of the country where you live.

12. App store termsCopy Anchor Link

12.1. Apple (iOS). This Agreement is concluded between you and ENA Innovation only, not with Apple Inc. ("Apple"). ENA Innovation, not Apple, is solely responsible for the App and its content. Your license is limited to use of the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. Apple has no obligation to provide maintenance or support for the App. To the extent permitted by law, Apple has no warranty obligation with respect to the App; any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are ENA Innovation's responsibility. ENA Innovation, not Apple, is responsible for addressing any claims relating to the App or your use of it, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims under consumer protection, privacy or similar laws, including in relation to HealthKit. In the event of a third-party claim that the App or your use of it infringes that third party's intellectual property rights, ENA Innovation, not Apple, is responsible for its investigation, defense, settlement and discharge. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of this Agreement and, once you accept it, Apple has the right to enforce it against you as a third-party beneficiary.

12.2. Google (Android). Your use of Google Play is also subject to Google's terms. Google is not a party to this Agreement and is not responsible for the App.

12.3. Where this Agreement and the app store's terms conflict on matters governed by the store, the store's terms prevail for that store.

13. Governing law and disputesCopy Anchor Link

This Agreement is governed by the laws of the Republic of Türkiye. If you are a consumer, this does not deprive you of the protection of the mandatory provisions of the law of the country where you have your habitual residence, and you may also bring proceedings in the courts that are competent under that law. Otherwise, the Courts and Enforcement Offices of Afyonkarahisar have jurisdiction.

14. ChangesCopy Anchor Link

We may update this Agreement. The current version is published on this page with its effective and update dates. If a change materially affects you, we will inform you through your research team before it takes effect.

This Agreement is published in Turkish and English. In case of conflict, the Turkish version prevails.

15. ContactCopy Anchor Link