Agreements
Terms of Service
The terms that govern the use of the EnaResearch service and the www.enaresearch.com website.
This English version is a translation provided for convenience. In case of conflict the Turkish version prevails.
These Terms of Service ("Terms") set out the rules for using the EnaResearch software service provided by ENA Innovation and the www.enaresearch.com website. EnaResearch is business software for hospitals, universities, research centers, research labs, research groups, departments, clinics and independent researchers. It is not offered to consumers.
1. Parties
Service provider: ENA Innovation Sağlık ve Yazılım Teknolojileri San. Tic. A.Ş. ("ENA Innovation" or the "Company")
| Item | Value |
|---|---|
| Address | Battalgazi Mah. Eskişehir Yolu Bulv. A.N.S. Kampüsü, Zafer Technopark, Merkez/Afyonkarahisar, Türkiye |
| support@enainnovation.com | |
| Phone | +90 850 308 45 91 |
| Trade registry | Afyonkarahisar Trade Registry Office, registration no. 18590 |
| MERSİS no. | 0334130943400001 |
| Tax office / tax ID | Tınaztepe Tax Office / 3341309434 |
| D-U-N-S number | 448896706 |
Customer: the organization or individual (for example a hospital, university, research center, research lab, research group, department, clinic or independent researcher) that starts using EnaResearch through a quote, order form or agreement (the "Customer").
User: organization users who access the Service on the Customer's behalf (owners and researchers, including the Customer itself where the Customer is an individual), and people who visit the website.
Participant: a person who takes part in a study run by the Customer and uses the Service's participant interface or mobile app.
2. Definitions
- Service: the EnaResearch software, including the web administration interface, the participant web interface, the mobile app, the wearable-device hub connection (where available), the API and related support services.
- Customer Environment: the application and data environment run for each Customer at
organizationcode.enaresearch.com: a separate environment with its own application stack and its own database and database user. - Customer Data: all data entered into the Service, or collected through it, by the Customer, Users or Participants.
- Contract Documents: the quote, order form or service agreement accepted in writing with the Customer; the Data Processing Agreement for personal data matters; and these Terms.
3. Scope and order of precedence
3.1. These Terms apply to visitors of the website and to all Customers and Users of the Service.
3.2. If the Contract Documents conflict, the order of precedence is: (i) the agreement signed with the Customer, or the accepted quote and order form; (ii) the Data Processing Agreement, for personal data matters; (iii) these Terms.
3.3. If the Customer is a public institution and the Service is procured under public procurement law, the tender documents and the signed contract take precedence over these Terms.
4. The Service
4.1. EnaResearch is a research-data platform. It collects data from mobile health platforms (Apple Health on iOS, Health Connect on Android) and, where available, wearable devices (for example heart-rate armbands, through a hub or a phone); records clinical records entered or imported by the research team (admissions and discharges, procedures such as surgery, clinical events, free-text notes; import from CSV or FHIR R4), manually entered values (for example pain and fatigue scores, Borg scale, hemoglobin, CRP, leukocytes, creatinine, albumin) and eligibility assessments; organizes data according to study protocols; lets the Customer monitor data transfers; derives research variables, produces statistical results and exports data for analysis. Participants see their transfer status and a daily summary in the participant web area (participant code and PIN). An optional AI assistant, off by default, can be enabled by the Customer; its provider is Anthropic (USA), and it receives only aggregate study information and text the researcher types.
4.2. Each Customer runs on its own Customer Environment: a separate environment with its own application stack and its own database and database user. The hosting region is set in the Contract Documents. Sub-processors are published on the Sub-processors page.
4.3. ENA Innovation may add, change or remove features to improve the Service. If removing a feature would materially harm the Customer's use during the current contract term, the Customer is informed reasonably in advance.
5. Not a medical device
5.1. EnaResearch is not a medical device. It may not be used for diagnosis, treatment, prevention or monitoring of disease, clinical decision support or vital-sign monitoring.
5.2. The Service does not monitor data in real time and does not raise alerts about anyone's health. The clinical accuracy of device and health-platform data has not been validated; data is recorded as the source provides it, together with its source information.
5.3. Statistical results and AI assistant texts are research aids. They must be reviewed by the Customer and are not clinical decisions.
5.4. The Customer agrees to use the Service within these limits and to inform Participants accurately about them.
6. Accounts and access
6.1. Public sign-up is not available. ENA Innovation opens the Customer Environment; organization users are added by invitation only and sign in through Logto. The owner manages users and approves studies; the user who opens a study is its principal investigator; researchers access only studies whose team they belong to.
6.2. Participants do not have accounts. The research team gives a Participant a 6-character participant code and a one-time activation key; the Participant sets a 6-digit PIN. The Customer is responsible for giving codes and activation keys only to the Participant concerned and for renewing or revoking them when needed.
6.3. The Customer is responsible for deciding its users, their roles and study team membership, removing access for people who leave, and keeping access details confidential. Actions taken through accounts are deemed to be the Customer's.
6.4. The Customer reports any unauthorized access or incident affecting account security without delay to support@enainnovation.com.
7. Plan, quote and payment
7.1. The fee, payment terms and contract term are set in the quote or agreement prepared for the Customer.
7.2. Unless agreed otherwise, fees are invoiced in advance and taxes are added. Fees paid are non-refundable, subject to mandatory provisions of law.
7.3. ENA Innovation may change its fees for the next contract term with at least 30 days' written notice. The fee agreed for the current contract term stays fixed until the end of that term.
7.4. If fees are not paid when due, ENA Innovation may suspend the Service under Section 13 after giving the Customer written notice.
8. Customer obligations
The Customer:
- Uses the Service in line with applicable law, the Contract Documents and the rules in Section 9.
- Acknowledges that it is the data controller for personal data processed through the Service. Device and health-platform data, clinical records and manually entered values are a special category of personal data (health data). The Customer is responsible for determining the legal basis for processing it (KVKK Art. 6; where applicable, GDPR Art. 9 and similar laws), obtaining the necessary ethics approvals and permissions, informing Participants, obtaining and being able to prove explicit consent where needed, meeting registration obligations where applicable (for example VERBİS in Türkiye, records of processing under Art. 30 GDPR), and answering data subject requests. The Participant Information Notice Template provided by ENA Innovation is not legal advice.
- Decides, for each study, the measurement types, data sources, use of an identifier and retention periods, and collects only the data the study protocol requires.
- Is responsible for the security and use of datasets it exports from the Service.
- Is responsible for the set-up, network connection and physical security of wearable devices given to Participants and, where used, of hubs on its premises.
- Provides accurate and up-to-date contact and billing details.
9. Acceptable use
When using the Service, the Customer and Users must not:
- use the Service for unlawful purposes or in a way that infringes the rights of others;
- use the Service as a medical device or for clinical decisions;
- copy, reverse engineer, attempt to access the source code of, modify or create derivative works of the software;
- try to bypass security measures, access restrictions or usage limits, or perform unauthorized scans, load tests or attacks on the Service or its infrastructure;
- share access details or allow unauthorized people to gain access;
- sell, rent or sublicense the Service to third parties, or use it to build a competing product.
Detailed rules, including research-specific rules, are set out in the Acceptable Use Policy, which forms part of these Terms.
10. Customer data and personal data
10.1. Customer Data belongs to the Customer. ENA Innovation processes Customer Data only to provide, support and secure the Service and to meet its legal obligations.
10.2. For personal data processed on the Customer's behalf, ENA Innovation acts as a data processor and follows the Customer's instructions. The parties' rights and obligations in this respect are governed by the Data Processing Agreement.
10.3. ENA Innovation does not use Customer Data for advertising, marketing or profiling, does not sell it, does not share it with data brokers and does not use it to train AI models.
10.4. Processing that ENA Innovation carries out as data controller for the website and its customer relationships is described in the Privacy Policy and the KVKK Privacy Notice.
10.5. EnaResearch is designed to support the Customer's legal obligations. ENA Innovation does not undertake that using the Service will by itself make the Customer compliant with any law.
11. Participants
11.1. Participants use the Service at the Customer's invitation and as part of the Customer's study. ENA Innovation is not a party to the research relationship between the Customer and the Participant.
11.2. Questions about the study, the use of data and ending participation should be directed to the Customer running the study.
11.3. The terms under which Participants use the mobile app are set out in the End User License Agreement.
12. Intellectual property
12.1. All rights in the software, source and object code, interface design, documentation, and the EnaResearch and ENA Innovation marks and logos belong to ENA Innovation. These Terms grant the Customer no rights other than the limited right of use defined in the Contract Documents.
12.2. ENA Innovation uses the Customer's name as a reference only with the Customer's written permission.
12.3. ENA Innovation may use the Customer's suggestions and feedback about the Service to improve the Service, without any obligation.
13. Service continuity and suspension
13.1. ENA Innovation uses reasonable care to provide the Service without interruption. Unless agreed in writing in the Contract Documents, no specific availability percentage or service level is committed.
13.2. Data transfer on mobile devices depends on the operating system's background limits, the device's connection and the permissions the Participant gives; no commitment is made that data will be transferred within a specific time.
13.3. ENA Innovation may suspend the Service in whole or in part:
- if a situation threatens the security of the Service, other customers or the infrastructure;
- in case of use that breaches Section 9 or the law;
- if payment is not made despite written notice;
- upon a decision of a competent public authority or court.
13.4. Where possible, suspension is notified in advance with reasons, and the Service is restored once the reason no longer applies. Customer Data is not deleted during a suspension.
14. Disclaimer of warranties
To the extent permitted by applicable law, the Service is provided "as is" and "as available". ENA Innovation does not warrant that the Service will operate without interruption or error, that it will fit a particular purpose of the Customer, or that data from devices and health platforms will be accurate or complete. This section does not affect liability that cannot be limited by law.
15. Limitation of liability
15.1. ENA Innovation's total liability under these Terms and the Contract Documents does not exceed the service fees actually paid by the Customer in the 12 months before the event giving rise to the claim.
15.2. ENA Innovation is not liable for indirect damages, loss of profit, business interruption, loss of reputation, or data loss caused by the Customer's failure to meet its backup or export responsibilities.
15.3. The limitations in this section do not apply to intent or gross negligence, to damage to life or bodily integrity, or to any other liability that cannot be limited or excluded by law (Article 115 of Turkish Code of Obligations No. 6098).
15.4. The Customer will hold ENA Innovation harmless from third-party claims arising from content it uploads to the Service, its unlawful processing of personal data, its use of the Service contrary to Section 5 or its breach of these Terms, and will compensate ENA Innovation for resulting losses.
16. Term and termination
16.1. Paid use continues for the term stated in the quote or agreement.
16.2. The Customer may stop using the Service at the end of a term. For terminations during a term, fees for the remaining period are not refunded.
16.3. ENA Innovation may terminate the agreement immediately by written notice if the Customer materially breaches these Terms or the Contract Documents, fails to pay, or uses the Service unlawfully or maliciously. If the Service is suspended for non-payment and payment is not made within 30 days of the suspension, ENA Innovation may terminate the agreement.
17. Data return and deletion after termination
17.1. Access to the Service ends when the agreement ends.
17.2. If the Customer asks within 30 days after the end date, ENA Innovation helps export Customer Data in the formats supported by the Service (CSV, Excel, SPSS (.sav) or R, with a data dictionary).
17.3. Within 30 days after the end date, the Customer Environment is shut down and Customer Data is deleted, including backups (encrypted measurement-database backups, nightly database dumps and dumps taken before updates, file storage archives and any remote copy of them). Automatic backups of the managed database service are deleted automatically when their configured retention period expires. The detailed procedure is set out in the Data Processing Agreement.
17.4. Records that ENA Innovation must keep by law (for example, invoices and contract records) are kept for the statutory retention periods.
18. Confidentiality
Each party keeps confidential the commercial, technical and financial information it receives from the other party that is marked confidential or is confidential by nature, during the agreement and for 2 years after it ends. Information that must be disclosed by law is excluded.
19. Use of the website
19.1. Content on the website is for general information and is not medical or legal advice. Example scenarios and numbers are not customer results unless stated otherwise.
19.2. ENA Innovation is not responsible for the content of third-party links on the website.
19.3. Website content may not be reproduced for commercial purposes without ENA Innovation's written permission.
20. Changes
ENA Innovation may update these Terms. The current version is published on this page. Changes that materially affect the Customer's rights are notified to the Customer's registered email address at least 30 days before they take effect. Fee and term provisions for the current contract term are not changed without the Customer's consent.
21. General provisions
21.1. Force majeure: while events beyond the parties' control continue, such as natural disasters, epidemics, war, cyberattacks, widespread power or communication outages and decisions of public authorities, the affected party's related obligations are suspended.
21.2. Assignment: the Customer may not assign its rights under these Terms without ENA Innovation's written consent.
21.3. Notices: notices between the parties are sent to the email addresses stated in the Contract Documents or by the methods listed in Article 18 of the Turkish Commercial Code.
21.4. Evidence: in disputes, ENA Innovation's system and audit records constitute evidence under Article 193 of Turkish Code of Civil Procedure No. 6100; the right to submit counter-evidence is reserved.
21.5. Severability and waiver: if a provision is invalid, the others are not affected. Failure to exercise a right is not a waiver of it.
22. Governing law and jurisdiction
Unless the Contract Documents provide otherwise, these Terms are governed by the laws of the Republic of Türkiye, and the Courts and Enforcement Offices of Afyonkarahisar have jurisdiction over disputes arising from these Terms.
23. Contact
For questions about these Terms, write to support@enainnovation.com or call +90 850 308 45 91.