HERA Mobile Application User Agreement  

1. Parties  

1.1. This User Agreement is issued between the  Medical Search and Rescue Association (MEDAK)  (Application Owner) at the address Esentepe Mah.  Füsun Sok. Sivil Savunma Müd. Kartal Sit. No: 4 Kartal  istanbul” and the person (User) registered to the HERA  mobile application, and once the User who has  benefited from the application under the Agreement  completes the membership registration and  electronically confirnms that he/she has read,  understood and accepted this Agreement, the  Agreement shall be executed and enter into force  mutually.  

2. Subject of the Agreement  

2.1 Subject of this Agreement is the determination of  the mutual rights and obligations of the parties,  services and the conditions for benefiting from the  services offered in the HERA mobile application which  is supported by Grand Challenges Canada-Bold Ideas  supported by Big Impact® fund, ++ developed by the  company W AJANS YAZILIM VE REKLAM LTD. ȘTI.  resident at the address “Petrol Sitesi Yolu Sok. Petrol  Sitesi 8. Blok D: 8 Nispetiye Beşiktaş Istanbul” and  belongs to the Medical Search and Rescue Association  (MEDAK). 

3. Definitions  

3.1 Mobile application: The name of the mobile  application is ‘HERA (Health Recording Application)  and the mobile application named HERA refers to the  mobile application software running on all mobile  devices and the services provided in connection with  this software. HERA is a mobile application that is  developed to provide an increase of prenatal care  among Syrian refugee women in Turkey and the  increase of the vaccination among Syrian refugee  children.    

3.2 Member/User: It refers to all the persons benefiting  from the services provided by the mobile application in  accordance with the conditions stated in this  Agreement by registering the mobile application with  the means and methods speciTied in thiS Agreement.  

3.3 Application access tools: It refers to the user’s  account management page and the information within  the knowledge of the User only such as the user name  and password that provides access to the application. 

3.4 Services: It refers to all transactions included in  Article 4 of the Agreement, which will be utilized by the  Users via HERA application.  

3.5 Communication channels: It refers to the  Application and the push notification communication  channel.  

3.6 Personal information/confidential information: It  refers to Personal name, surname, address, phone  number, e-mail address, answers to questions about  the user’s health in order to perform the service  provided by the application, images of the health  reports that the user may attach to the application by  his/her own will and all kinds of text, visual signs and  information to identify the user.  

4. Rights and Obligations  

4.1 Rights and Obligations of the Medical Search and  Rescue Association (MEDAK)  

4.1.1 The Medical Search and Rescue Association will  provide the services that it undertakes at the user’s  request through HERA application. Services that HERA  committed are to send push notifications via the  application before the date control of Syrian refugee  women in Turkey in order to develop prenatal care  services for these women, to improve the vaccination  rate of the children of Syrian refugee women between  0-2 years of age by sending push notifications prior to  their vaccination periods, to share health information  related to pregnancy and children, to provide advice on  these issues, to present a platform where users can  store electronic health records and display this  information only when they wish.   

 4.1.2 The information provided by the application  owner and the health contents provided are only for  advisory purposes and are not intended for diagnosis  or treatment. The user shall not hold the application  owner responsible for any medical, social and legal  matters that may arise regarding the use of the  application or the recommendations shared. Also, the  application owner does not guarantee users that the  application will operate uninterruptedly for 7 days and  24 hours and does not provide any service or  performance level commitment in this regard. The  effective use of the application and all the  consequences of such use shall be under the  responsibility of the user, and the MEDAK shall not be  liable in any way whatsoever for the improper or  incomplete results of the application itself, and for the  direct and indirect damages that may arise from such  consequences. 

 4.1.3 Application owner is not responsible for the  actions of the third parties, force majeure, health  service providing institutions and organizations that the  Republic of Turkey Ministry of Health assigned to  ensure free vaccination of children between the ages 0-  2, issues arising from the staff working in the  institutions and organizations in question, health  service providing institutions and organizations that the  Republic of Turkey Ministry of Health assigned to  ensure free prenatal care services, issues arising from  the staff working in the institutions and organizations in  question, interruptions or failures in service provision  due to situations such as internet outages and  connection problems.  

4.1.4 Membership of the application is free of charge.  The service provided by the application is free of  charge. The application is for private and individual use.  At the registration stage, users will be able to access  the application using their phone numbers and  passwords. The application owner is not liable for any  situation in which the user may give his/her user name  and password to a third party or lose such information.      

4.1.5 The application owner will use all the information  of the users in the field studies and prospective  scientific articles. The application owner reserves the  right to share the information mentioned above with  Grand Challenges Canada-Bold ldeas with Big [email protected]  fund. Users acknowledge and agree that this  information may be used by the application owner and  Grand Challenges Canada-Bold ldeas with Big Impact®.  The user cannot claim any rights on information  sharing unless the user ceases to use the application,  deletes his account and leaves the work in the HERA  mobile application. The information sharing in question  is not for advertising or commercial purposes.  The user accepts and undertakes that the intellectual  and industrial property rights of the HERA application  belong to MEDAK and that he/she will not reproduce  copy, distribute and process images, texts, visual and  auditory images, files, databases, catalogs, information  that explains treatment processes and any content in  the application and not act in a way to encroach the  rights and assets of the application ovwner. The only  person responsible for the damages that may arise due  to these reasons mentioned above will be the user and  shall immediately reimburse the application owner  against such claims.  

4.1.6 The user’s mobile device may request that the  user is connected to the internet over Wi-Fi to access  the App Store or Google Play Store applications to  download and update the application. The General  Terms and Conditions of the App Store or Google Play  Store wil apply depending on the type of mobile device  and the use of the App Store or Google Play Store.  All rights of the application belong to MEDAK  and MEDAK reserves the right to modify, add,  remove and update the contents of the  application. Due to the updates to be made,  technically insufficient devices may not be able  to use the innovations in the application.    Terms and Conditions  X  

4.1.7 The user agrees that in cases where MEDAK is  obliged to make a statement to the public authorities in  accordance with the provisions of the mandatory  legislation in force, MEDAK shall be authorized to  disclose the confidential/ personal/ health  information of the members to the official authorities if  such information is requested by public authorities in  due form and that no compensation can be claimed  from MEDAK for any reason whatsoever. In the same  way, the user agrees that MEDAK shall process the  personal data of the users in accordance with the  principles and processing requirements of the data  processing stipulated in the Law on the Protection of  Personal Data No. 6698 (LPPD) and shall inform its  employees in accordance with the LPPD.  

4.1.8 Users acknowledge and undertake that the  information required by them at the registration stage  of HERA and in the application is correct and lawful.  MEDAK shall not be responsible and liable to  investigate and verify that the information and contents  uploaded, modified and provided by users to HERA is  true, or that such information and contents are safe,  accurate, and in compliance with the provisions of this  Agreement and law and it shall not be held responsible  for any damages resulting from incorrect or erroneous  information and contents and/or referrals to other  websites through these contents. The user undertakes  that the contact information provided in the relevant  sections of the application only belongs to him/her and  that they are only the contact information under his/her  control and this contact information is actively used by  him/her. The application owner shall not be held  responsible for any damages that may occur as a result  of the fact that this contact information does not  belong to the user or the does not actively use the  contact information.    

4.1.9 MEDAK does not have any responsibility for the  content published by third parties including the user on  the application and on the websites which are linked  through the application. The commitment of the  accuracy and legality of the information, content, visual  images and audio items provided and broadcast by any  third party is the responsibility of the persons who  perform these actions in its entirety. MEDAK does not  warrant and undertakes the security, accuracy, and  legality of the services and contents provided by third  parties.  4.1.10 The user and MEDAK are independent parties.  The approval and performance of this Agreement shal  not result in a partnership, agency or employee-  employer relationship between the parties.  

4.2 Rights and Obligations of the User 

 4.2.1 The user must fill-in and update the requested  information in a complete and true form and update if  necessary. The user is responsible for filling the  information completely and right.  4.2.2 The user accepts and declares that the  application works with the internet connection, some  application contents, images, and images are displayed  via the internet connection and that the internet usage  fees via Wi-Fi or internet package will be at his/her own  expense and is informed of in this respect.  

4.2.3 The user accepts and declares that the  information provided by the application is not for  diagnostic and treatment purposes, is only for advice  and briefing, and that the use of the content is solely  his/her responsibility.  

4.2.4 The user acknowledges that no content in the  application supersedes any information recommended  by a physician and that it is his/her discretion and  responsibility to use the information in the application.    Terms and Conditions 

 4.2.5 The user acknowledges and agrees that the  information he/she gives to the MEDAK through the  application will be stored in a database for a period  determined by the MEDAK. MEDAK shall be able to use  the user information related to the membership  indefinitely, for purposes such as user security, the  performance of its obligations and some statistical  evaluations. The user agrees that the information can  be used in the cases specified in Article 4.1.5. and that  the information he/she provides cannot be changed  unless he requests.  

4.2.6 Each user is obliged to attend the training to be  given before using the application and to sign the  consent form to be given in this training. Users agree  that participation in the study, which includes the HERA  application, is on a volunteer basis and that they have  the right to leave the study without stating a reason at  any time. In case of leaving the study Article 4.1.5. and  Article 7 shall apply.  

4.2.7 Users agree that, in the event of a difference  between the consent form signed during the  participation phase and the training provided and the  present Agreement, the articles in this Agreement are  valid.  

4.2.8 Users are responsible for storing and securing the  user name and password they use to access their  accounts. The application owner cannot be held  responsible for the use of this information by third  parties, the acquisition of it by third parties and/or the  use of the information obtained from the user accounts  utilizing this information and any problems that may  arise under these circumstances. 

5. Amendments to the Agreement  

Depending on the conditions of the day and  changes in the relevant legislation, the MEDAK  may amend this User Agreement or any  provision thereof at any time it deems  appropriate by communicating it in the mobile  application.   

 6. Termination of Membership 

The Agreement which  contains the above rules which you will be deemed to  have accepted as a user of HERA, may be terminated  unilaterally with immediate effect by HERA/MEDAK at  any time without any justification, without any prior  notice, and without any obligation to pay any indemnity  and the user’s right to use the application may be  terminated.  

7. Applicable Law and Authority 

 7.1 The User hereby agrees, declares and undertakes  that he/she has read, understood and accepted this  Agreement and confirms that the information he/she  has given about him/her is complete and correct.  

7.2 Turkish law shall be applied in the performance,  interpretation, and management of the legal relations  arising under this Agreement. Istanbul Anatolian Courts  and Enforcement Offices are authorized for any dispute  that arises, or that may arise out of this Agreement. 

 7.3 This Agreement consists of 7 (seven) articles, and  upon the electronic approval of the user, it has been  mutually accepted and entered into force.