Using Enel Health

1. What Enel Health Is — and What It Is Not

Enel Health is a direct-to-consumer wellness, education, and real-world evidence (“RWE”) platform. We provide informational, educational, organizational, and technology tools that help users understand wellness topics, follow self-selected protocols, log self-reported observations, interact with AI-powered features, and — if they affirmatively choose — contribute their de-identified or, with separate authorization, identifiable data to the Enel Health RWE Program.

Enel Health is not a healthcare provider. Enel Health does not provide medical care, medical advice, diagnosis, treatment, prescribing, emergency services, clinical decision-making, telehealth, dietetic counseling, mental-health treatment, or licensed professional healthcare services. Enel Health is not a HIPAA-covered entity and is not your healthcare provider, health plan, or healthcare clearinghouse.

Information provided through Enel Health, including AI-generated content, reports, summaries, recommendations, rankings, classifications, agent responses, or search results, may be incomplete, inaccurate, outdated, or inappropriate for your specific circumstances. You must not rely on Enel Health as a substitute for advice from a qualified physician, pharmacist, dietitian, nurse, therapist, attorney, financial advisor, or other licensed professional. Always consult an appropriate professional before making health, medical, supplement, medication, nutrition, fasting, or other important decisions.

If you believe you may have a medical emergency, call 911 or your local emergency services immediately. Do not use Enel Health for emergency, diagnostic, or treatment decisions.

2. Health-Safety Eligibility and Contraindications

Certain protocols available on the Enel Health platform — including, without limitation, extended fasting protocols of twenty-four (24) hours or longer, water fasts, and similar restricted-intake protocols — carry medical risk and are not appropriate for everyone. As a condition of using such protocols, you represent and warrant that you are not subject to any of the following conditions unless you have first obtained written clearance from a licensed physician familiar with your medical history:

• you are pregnant, breastfeeding, or attempting to conceive;
• you have or have had an eating disorder (including anorexia nervosa, bulimia nervosa, binge-eating disorder, or ARFID), or have been advised by a clinician that fasting or food restriction is contraindicated for you;
• you have type 1 diabetes, type 2 diabetes managed with insulin or sulfonylureas, or any other condition requiring medications whose dosing depends on caloric intake;
• you have a history of hypoglycemia, syncope, cardiac arrhythmia, congestive heart failure, recent myocardial infarction, or stroke;
• you have chronic kidney disease (eGFR < 60), liver failure, or are on dialysis;
• you take anticoagulants, lithium, anticonvulsants, or other medications with narrow therapeutic windows;
• you are under the age of eighteen (18);
• you have any other condition that would make caloric restriction, electrolyte shifts, or refeeding potentially dangerous.

Enel Health may use intake questionnaires, eligibility screens, or deterministic gating to restrict access to higher-risk protocols. You agree to answer all such screens honestly. False statements made to bypass eligibility gates are a material breach of these Terms and an assumption of risk by you.

Independent medical clearance recommended. For any extended fast (24 hours or longer), and for any protocol you have any doubt about, Enel Health strongly recommends that you discuss the protocol with your physician before beginning. Enel Health does not provide medical clearance and the platform’s AI agents do not provide medical clearance.

3. The Real-World Evidence (RWE) Program

The Enel Health RWE Program is a voluntary program through which users (each, an “RWE Contributor”) may contribute self-reported observations, check-in data, narrative content, and (with separate authorization) data from connected devices, laboratories, and other sources to a curated dataset that Enel Health may use, and may make available to qualified third parties, for the generation of real-world evidence within the meaning of the U.S. Food and Drug Administration’s Real-World Evidence framework and related guidance.

3.1 What “Real-World Evidence” Means Here

“Real-world data” (“RWD”) means data relating to health status and wellness routinely collected from a variety of sources outside the controlled setting of a randomized clinical trial. “Real-world evidence” (“RWE”) means clinical and observational evidence about the usage and potential benefits or risks of wellness or medical products and protocols derived from the analysis of RWD.

3.2 Not a Clinical Trial; Not Human-Subjects Research as Defined by the Common Rule

The RWE Program is an observational, real-world data collection. It is not a clinical trial, is not federally funded, and (unless otherwise expressly stated in a study-specific protocol or consent form) is not human-subjects research subject to the U.S. Department of Health and Human Services regulations at 45 C.F.R. Part 46 (the “Common Rule”) or to U.S. Food and Drug Administration regulations at 21 C.F.R. Parts 50 and 56. Where Enel Health undertakes a specific protocol that does meet the definition of human-subjects research, Enel Health will obtain Institutional Review Board (“IRB”) review and provide additional, protocol-specific informed consent before enrolling RWE Contributors in that protocol.

3.3 What RWE Contributors Provide

Depending on the protocols you select and the authorizations you give, RWE Contributors may provide:

• self-reported daily check-ins (which may include observations such as mood, energy, sleep quality, hunger, cravings, focus, stress, weight, symptoms, and free-text notes);
• protocol-adherence information (start date, end date, deviations);
• narrative posts to community spaces (which may include health-related content);
• AI-agent chat history and prompt content;
• uploads of documents, photographs, or other materials you choose to provide;
• data from connected wearables, fitness applications, sleep applications, or other digital health technologies you choose to connect;
• with separate written authorization, data from laboratories, diagnostic providers, pharmacies, electronic health records, or other healthcare sources.

3.4 How RWE Contribution Works

Contribution to the RWE Program requires:

• creation of an Enel Health account and acceptance of these Terms;
• completion of the applicable RWE Contributor Authorization & Informed Consent, which includes (a) general authorization to use your data in de-identified or aggregated form for the RWE Program, and (b) separate, optional, granular authorizations for (i) processing identifiable data within Enel Health, (ii) sharing identifiable data with qualified third-party researchers or sponsors, (iii) use of your data with artificial-intelligence features, and (iv) any future sale of identifiable consumer health data;
• affirmative opt-in (rather than opt-out) for each authorization that goes beyond what is strictly necessary to provide a product or service you have requested; and
• the right to withdraw any of these authorizations at any time, subject to the limits in Section 3.7.

3.5 De-Identification Standard

Before Enel Health uses RWE Contributor data for any purpose other than providing the service you requested, Enel Health applies one of the following de-identification standards:

• the HIPAA Safe Harbor de-identification method described at 45 C.F.R. § 164.514(b)(2), removing the eighteen specified identifiers and ensuring that Enel Health does not have actual knowledge that the remaining information could be used alone or in combination to identify the individual;
• the HIPAA Expert Determination method described at 45 C.F.R. § 164.514(b)(1), based on a written determination by a qualified statistician or privacy expert that the risk of re-identification is very small; or
• a documented de-identification standard at least as protective as the foregoing, applied under written controls.

Enel Health imposes contractual prohibitions on re-identification on every recipient of de-identified RWE Contributor data.

3.6 RWE Use Cases

Enel Health may use de-identified RWE Contributor data, and may make such data available to qualified third parties under written agreements, for the following categories of use:

• internal research, analytics, quality, safety, and product-improvement;
• scientific publication, presentation, and public-good research;
• characterization of protocol usage patterns and self-reported outcomes;
• support for hypothesis generation that may later be tested in formal clinical studies;
• if and only if expressly stated in a separate protocol-specific consent, contribution to a regulatory submission to the U.S. Food and Drug Administration or another regulator, in accordance with the FDA Real-World Evidence framework and applicable guidance.

3.7 Withdrawal

You may withdraw your RWE Program authorization at any time through your account settings or by contacting Enel Health at info@enelhealth.com. Withdrawal will stop future collection and future use of identifiable data, but does not:

• require Enel Health to retrieve or recall de-identified or aggregated data that has already been included in completed analyses, publications, regulatory filings, or external datasets;
• apply to data Enel Health is required by law, contract with a regulator, or court order to retain;
• require Enel Health to remove your contributions to public community spaces that other RWE Contributors have already viewed or interacted with, although Enel Health will archive or anonymize such content on request to the extent technically feasible.

4. Founding Member Program Summary

The Founding Member Program is a limited promotional access program for eligible early users. Subject to these Terms and your continued compliance with them, approved Founding Members may receive up to three (3) years of access to eligible Enel Health services at no subscription charge.

The Founding Member benefit is not a cash benefit, gift card, investment, security, equity interest, ownership interest, guarantee of future services, or promise that any specific feature, product, tool, agent, content library, data source, marketplace, community feature, AI model, or integration will remain available.

Enel Health is an evolving service. The service, the Founding Member Program, the RWE Program, available features, pricing, packages, data sources, reports, AI tools, third-party integrations, eligibility rules, access levels, and user experience may change over time.

After the Founding Member access period ends, continued use of Enel Health may require a paid subscription at the then-current standard rate or another rate presented to you at that time. Enel Health will not charge you automatically unless you have provided a valid payment method and separately authorized paid billing in accordance with applicable law and the billing terms presented to you.

5. Definitions

“Account” means the user profile, login credentials, workspace, dashboard, or other access method used to access Enel Health.

“AI Features” means any chatbot, agent, assistant, summarization tool, recommendation tool, ranking tool, automation, classification tool, extraction tool, report generator, retrieval system, embedding system, or other feature that uses artificial intelligence, machine learning, large language models, automated processing, or related technologies, including any “automated decision-making technology” within the meaning of the California Consumer Privacy Act regulations effective January 1, 2026.

“Company Content” means content, reports, interfaces, software, workflows, templates, taxonomies, outputs, product structures, datasets, databases, research structures, designs, trade names, trademarks, documentation, and materials made available by Enel Health, excluding User Content.

“Consumer Health Data” means personal information that is linked or reasonably linkable to a consumer and that identifies the consumer’s past, present, or future physical or mental health status, including health-related data as that term is defined under the Washington My Health My Data Act, RCW 19.373 et seq., the Nevada Consumer Health Data Privacy Law, Nevada Revised Statutes Chapter 603A, and the Connecticut Data Privacy Act, Conn. Gen. Stat. § 42-515 et seq., as amended.

“Curator” means a user who provides self-identified demographic information (which may include gender, age, race, ethnicity, and other demographic attributes) and stated interests, in order to access Matched Insights that compare the Curator’s profile to the de-identified profiles and outcomes of RWE Contributors with similar profiles.

“Matched Insights” means the de-identified, aggregated, statistical, or pattern-based information that Enel Health presents to a Curator based on similarity between the Curator’s self-identified profile and the de-identified profiles of one or more RWE Contributors. Matched Insights are subject to minimum-cohort-size requirements, suppression of small cells, and prohibition on re-identification.

“Matching Algorithm” means the automated processing that compares a Curator’s self-identified profile to the de-identified profiles of RWE Contributors for the purpose of generating Matched Insights. The Matching Algorithm is described in the Algorithmic Matching & Automated Decision-Making Disclosure (the “ADMT Disclosure”).

“Founding Member” means a user that Enel Health approves for participation in the Founding Member Program.

“Founding Member Access Period” means the period during which an approved Founding Member receives eligible access at no subscription charge, unless earlier terminated, modified, or limited under these Terms.

“PHR Identifiable Health Information” means the meaning given to it in the U.S. Federal Trade Commission’s Health Breach Notification Rule, 16 C.F.R. Part 318.

“Program” means the Founding Member Program and any related promotional, beta, early-access, ambassador, pilot, launch, or membership program.

“RWE Contributor” means a user who has affirmatively elected to contribute data to the Enel Health RWE Program under the applicable RWE Contributor Authorization & Informed Consent.

“Service” means Enel Health and all websites, apps, portals, APIs, AI Features, dashboards, reports, data tools, community tools, content, communications, and related services made available by Enel Health.

“User Content” means information, files, documents, messages, prompts, notes, records, preferences, profile information, feedback, survey responses, uploaded materials, health-related information, business information, or other content that you submit, upload, enter, transmit, connect, or otherwise provide to Enel Health.

5A. User Roles: RWE Contributors and Curators

Enel Health supports two complementary user roles. You may participate in one or both, subject to separate authorization for each role:

RWE Contributor. An RWE Contributor logs self-reported data (such as daily check-ins, protocol adherence, and uploaded materials), selects and follows wellness protocols, and, with separate authorization, contributes data to the Enel Health RWE Program. The RWE Contributor authorization flow is governed by these Terms, the RWE Contributor Privacy Notice, the Consumer Health Data Privacy Policy, the State Privacy Rights Notice, and the RWE Contributor Authorization & Informed Consent.

Curator. A Curator provides self-identified demographic information (which may include gender, age, race, and ethnicity) and stated interests in order to receive Matched Insights drawn from the de-identified profiles and outcomes of RWE Contributors with similar profiles. A Curator is not required to log daily check-in data or contribute to the RWE Program, and a Curator’s demographic information is not added to the RWE Program. The Curator authorization flow is governed by these Terms, the Curator Privacy Notice, the Consumer Health Data Privacy Policy, the State Privacy Rights Notice, the Algorithmic Matching & Automated Decision-Making Disclosure (the “ADMT Disclosure”), and the Curator Authorization & Informed Consent.

Combined role. You may elect to be both an RWE Contributor and a Curator. If you do, both authorization flows apply to you, and you may exercise rights and withdrawal independently for each role.

Sensitive Personal Information. Race and ethnicity, when collected from a Curator for matching, are Sensitive Personal Information under the California Consumer Privacy Act and Sensitive Data under most other state privacy laws. Enel Health collects this information only where the Curator has affirmatively opted in, and uses it strictly to operate the Matching Algorithm and to support the editorial transparency of Matched Insights. Curators may decline to provide race or ethnicity, may select “prefer not to say,” and may withdraw or update this information at any time. Enel Health does not use race, ethnicity, gender, or age to deny access to any Enel Health feature, protocol, product, or service.

6. Eligibility and Account Registration

You may use Enel Health only if (a) you are at least eighteen (18) years of age, (b) you are legally able to enter into a binding agreement, and (c) you are in compliance with these Terms and applicable law. Enel Health does not knowingly collect personal information from anyone under eighteen (18). If you believe a minor has provided personal information to Enel Health, contact info@enelhealth.com.

You must provide accurate, current, and complete information during registration and keep your account information updated.

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You must notify Enel Health promptly if you believe your account has been compromised or used without authorization.

Enel Health may approve, deny, suspend, limit, or terminate accounts, RWE Contributor status, or Founding Member status at its discretion, including where Enel Health believes there is fraud, abuse, security risk, regulatory concern, misuse, violation of these Terms, inaccurate registration information, undisclosed contraindications, or conduct harmful to Enel Health, other users, partners, or the public.

7. Founding Member Program Terms

Participation in the Founding Member Program is by approval only. Submitting a form, joining a waitlist, receiving marketing communications, receiving an invitation, or using the phrase “Founding Member” does not guarantee acceptance.

Enel Health may limit the number of Founding Members, close the Program, reopen the Program, create tiers, modify eligibility criteria, require verification, or discontinue the Program for future applicants at any time.

Subject to these Terms, approved Founding Members may receive access to eligible Enel Health services for up to three (3) years at no subscription charge.

Unless otherwise stated in writing, the Founding Member Access Period begins on the earliest of:

• the date Enel Health approves your Founding Member account;
• the date your account is activated;
• the date you first receive access credentials;
• the date Enel Health designates as the official start date for your Founding Member access; or
• another date stated in a written confirmation from Enel Health.

The three-year access benefit applies only to the services, features, and access level that Enel Health designates as eligible for Founding Member access from time to time. Founding Member access does not include every present or future feature, and may exclude beta features, professional services, premium data feeds, third-party integrations, or separately priced add-ons.

8. Suspension or Early Termination of Founding Member Access

Enel Health may suspend, limit, or terminate Founding Member access before the end of the three-year period if you violate these Terms, misuse the Service, present a security, legal, regulatory, fraud, abuse, or safety risk, submit false information, attempt to reverse engineer or scrape the Service, if a third-party provider materially limits or terminates services required to provide Enel Health, if Enel Health discontinues a feature or jurisdiction, or if Enel Health is required to do so by law, court order, regulator, payment processor, security incident, or business necessity.

Founding Member status is personal to the approved user. It may not be sold, assigned, transferred, sublicensed, shared, bartered, pledged, inherited, or used for the benefit of another person without Enel Health’s prior written consent. The Founding Member benefit has no cash value and is not redeemable for cash, credits, refunds, rebates, equity, ownership, or other compensation.

9. End of the Free Access Period and Paid Access

At the end of the Founding Member Access Period, your no-subscription-charge access may end. Continued access may require enrollment in a paid subscription or another plan then offered by Enel Health.

Enel Health will not begin charging you for a paid subscription unless you have (a) provided a valid payment method and (b) separately and affirmatively accepted the applicable price, billing interval, renewal terms, cancellation terms, taxes, fees, and any automatic renewal terms. Where required by applicable state automatic-renewal law (including, without limitation, California Business & Professions Code § 17600 et seq.), Enel Health will provide clear and conspicuous disclosures, an acknowledgment of any auto-renewal terms, and an online cancellation method.

10. Granular Signup Consent Flow

Enel Health uses granular, unbundled consent flows. Each authorization is presented as a separate, individually-toggled control. None of the optional authorizations is pre-selected. Enel Health records the timestamp, IP address, user agent, document version, and exact accepted text for each authorization.

10.1 RWE Contributor Signup Flow

During RWE Contributor signup, Enel Health obtains your authorizations through the structure described in the RWE Contributor Authorization & Informed Consent. Required and optional authorizations include:

• Required: account creation, age 18+, acceptance of these Terms and the Privacy Notices.
• Required (if you select a restricted-intake protocol such as a fast of 24 hours or longer): health-safety screening attestation under Section 2.
• Optional opt-in: RWE Program participation with de-identified data.
• Optional opt-in: processing of identifiable Consumer Health Data beyond strictly necessary.
• Optional opt-in: sharing of identifiable Consumer Health Data with qualified third-party researchers or sponsors.
• Optional opt-in: use of AI Features with identifiable Consumer Health Data.
• Optional opt-in: future sale of identifiable Consumer Health Data (defaulted off; Enel Health is not currently selling Consumer Health Data).
• Optional opt-in: marketing communications.
• Optional opt-in: future research-opportunity contact.

10.2 Curator Signup Flow

During Curator signup, Enel Health obtains your authorizations through the structure described in the Curator Authorization & Informed Consent. Required and optional authorizations include:

• Required: account creation, age 18+, acceptance of these Terms and the Privacy Notices.
• Required: acknowledgment of the Algorithmic Matching & Automated Decision-Making Disclosure, including the right to opt out of automated decision-making for any significant decision.
• Required: provision of at least the minimum demographic information needed to operate the Matching Algorithm. Race and ethnicity are optional and may always be skipped or set to “prefer not to say.”
• Optional opt-in: collection and use of race, ethnicity, and other Sensitive Personal Information for the Matching Algorithm. (You may use Enel Health without authorizing this category; if you decline, your Matched Insights will be based on the remaining demographic attributes and interests you provide.)
• Optional opt-in: processing of identifiable Consumer Health Data inferences derived from your interests or matching activity beyond strictly necessary.
• Optional opt-in: AI Features that personalize content using identifiable Consumer Health Data.
• Optional opt-in: marketing communications.
• Optional opt-in: invitations to convert to an RWE Contributor or participate in future research.

10.3 Withdrawal

You may withdraw any optional consent at any time through your account settings or by contacting info@enelhealth.com. Withdrawal stops future processing under that authorization. Withdrawal does not affect the lawfulness of processing carried out before withdrawal and does not retrieve information that has already been incorporated into completed analyses, publications, and external datasets.

11. AI Features, the Matching Algorithm, and Automated Decision-Making

Enel Health includes AI Features. AI Features may generate incorrect, incomplete, biased, outdated, or misleading outputs. AI Features may misunderstand context, omit important details, or produce content that appears authoritative but is not verified. You are responsible for independently reviewing and validating AI output before relying on it. AI Features do not replace professional judgment, clinical evaluation, or expert advice.

11.1 The Matching Algorithm

Enel Health operates a Matching Algorithm that compares a Curator’s self-identified profile (which may include gender, age, race, ethnicity, and stated interests) to the de-identified profiles of RWE Contributors with similar profiles, in order to generate Matched Insights. The Matching Algorithm and the Matched Insights are subject to the following operating rules:

• Matched Insights are presented in de-identified, aggregated, or statistical form. RWE Contributors are never identified to Curators.
• Minimum cohort sizes apply. Enel Health does not present a Matched Insight to a Curator unless the underlying cohort meets the minimum-size threshold described in the ADMT Disclosure, in order to reduce re-identification risk and to avoid statistically uninformative results.
• Small-cell suppression applies. Statistical outputs that would otherwise convey individually identifying information are suppressed.
• Re-identification is contractually and technically prohibited.
• Race, ethnicity, gender, and age are used as similarity attributes only. They are not used to deny access to any Enel Health feature, protocol, product, service, content, or recommendation.
• Editorial framing of Matched Insights does not assert that a protocol is uniquely suitable for a demographic group; framing reflects the observed experience of contributors with similar profiles.

11.2 Anti-Discrimination Commitment

Enel Health does not use race, ethnicity, gender, age, religion, sexual orientation, disability, or any other protected characteristic to deny, limit, or differentiate access to any Enel Health feature, protocol, product, service, content, or recommendation. Enel Health uses demographic attributes only as similarity dimensions in the Matching Algorithm and only as authorized by the Curator. Enel Health does not use the Matching Algorithm for employment, housing, credit, insurance, public-accommodation, or other contexts protected by federal or state civil-rights laws.

11.3 Pre-Use Notice; Right to Opt Out of ADMT

Where any AI Feature, including the Matching Algorithm, qualifies as “automated decision-making technology” (“ADMT”) used to make a “significant decision” within the meaning of the California Consumer Privacy Act regulations effective January 1, 2026, or where any equivalent regulation applies (including the Colorado AI Act), Enel Health provides pre-use notice through the ADMT Disclosure and gives you the right to opt out of ADMT-driven significant decisions. Enel Health will conduct any required risk assessments under the CCPA ADMT regulations and analogous state laws.

11.4 No Significant Decisions Without Human Review

Enel Health does not use AI Features or the Matching Algorithm to make legal, medical, employment, insurance, housing, credit, or other significant decisions about you without meaningful human review. Matched Insights are informational and do not constitute a medical recommendation, diagnosis, or treatment decision.

11.5 User Acceptable Use of AI Features

You may not use Enel Health or AI Features to:

• generate unlawful, harmful, deceptive, abusive, infringing, or discriminatory content;
• make medical, legal, financial, employment, insurance, housing, or credit decisions about yourself or others without appropriate human review by a qualified professional;
• submit data that you do not have the right to provide;
• attempt to extract system prompts, hidden instructions, source code, model weights, proprietary datasets, or security controls;
• reverse engineer, benchmark, scrape, overload, or misuse the Service;
• create competing services using Company Content or proprietary outputs; or
• violate privacy rights, confidentiality obligations, or third-party terms.

12. Privacy, Sensitive Data, and No Sale

The RWE Contributor Privacy Notice, the Curator Privacy Notice, the Consumer Health Data Privacy Policy, the Website Privacy & Cookie Notice, and the ADMT Disclosure explain what information Enel Health collects, how Enel Health uses it, how Enel Health discloses it, how long Enel Health retains it, and what choices and rights are available to you. The Consumer Health Data Privacy Policy is published as a separate and distinct link on enelhealth.com as required by the Washington My Health My Data Act.

No sale; no targeted advertising. Enel Health does not sell Consumer Health Data, and does not use Consumer Health Data for cross-context behavioral advertising or third-party targeted advertising. Enel Health will not change this commitment without (a) providing clear notice to affected users in advance, (b) obtaining a separate affirmative opt-in for any sale or sharing of Consumer Health Data, and (c) complying with all applicable state-law authorization, notice, and waiting-period requirements.

No training of external foundation models on identifiable Consumer Health Data. Enel Health does not provide identifiable Consumer Health Data to any third-party model provider for use in training that provider’s foundation models. Enel Health configures its third-party model provider contracts to disable training on Enel Health customer data where the provider offers that option.

Enel Health follows the U.S. Federal Trade Commission’s Health Breach Notification Rule, 16 C.F.R. Part 318. If a breach of unsecured PHR Identifiable Health Information occurs, Enel Health will notify affected individuals, the FTC, and, where required, the media, within the timeframes required by that Rule and applicable state breach-notification laws.

13. Security

Enel Health uses administrative, technical, and organizational safeguards designed to protect personal information. However, no system, network, transmission, storage method, or security measure is completely secure. You understand that use of Enel Health involves risk.

Safeguards include, without limitation:

• encryption in transit using TLS 1.2 or higher;
• encryption at rest for databases containing Consumer Health Data;
• role-based access controls and least-privilege provisioning;
• two-factor authentication for administrative access;
• audit logging and monitoring;
• secure development practices and code review;
• vendor security review and written data-processing agreements;
• incident-response procedures with documented timelines;
• backup and recovery controls;
• annual third-party security assessment;
• data-minimization and de-identification controls;
• re-identification risk review.

14. Vendor and Processor Access

Enel Health enters into written agreements with each vendor or processor that processes personal information on Enel Health’s behalf. These agreements require the vendor or processor to: (a) process personal information only for the disclosed purposes; (b) apply reasonable administrative, technical, and organizational safeguards; (c) flow down equivalent obligations to subprocessors; (d) cooperate with audits and assessments; (e) return or delete personal information at the end of the engagement; and (f) cooperate in responding to individual rights requests.

15. Data Export, Access, Correction, and Deletion

Subject to identity verification, technical feasibility, applicable law, security limitations, intellectual-property rights, and these Terms, you may request to access, correct, delete, or export certain account data and User Content associated with your account. Detailed rights, response timeframes, appeal mechanisms, and per-state variations are described in the State Privacy Rights Notice.

Where required by law, you may use an authorized agent to submit privacy requests, subject to verification of the agent’s authority and your identity.

16. Data Retention

Enel Health retains personal information only as long as reasonably necessary for the purposes for which it was collected, as required by law, or as set out in the RWE Contributor Privacy Notice. Default retention periods are:

• Account information: for the life of the account and twenty-four (24) months after account closure, then deleted or de-identified;
• Daily check-in data (identifiable): for the life of the account and thirty-six (36) months after account closure, then deleted or de-identified;
• AI agent chat history: for the life of the account and twelve (12) months after account closure;
• Community posts: for the life of the account; archived or anonymized on account closure;
• De-identified data: retained as part of the RWE Program without time limit;
• Security, audit, and compliance logs: minimum of twenty-four (24) months;
• Billing and tax records: minimum of seven (7) years where required by law.

17. User Responsibilities

You are responsible for:

• the accuracy and legality of User Content;
• obtaining rights and consents required to submit data to Enel Health;
• answering eligibility and contraindication questions honestly;
• reviewing AI outputs before use;
• complying with applicable law;
• maintaining account security;
• not submitting another person’s sensitive information without their authorization;
• not using Enel Health for emergency, diagnostic, or treatment decisions; and
• ensuring your use of Enel Health is appropriate for your personal circumstances.

18. Acceptable Use

You may not:

• violate law or third-party rights;
• submit unlawful, misleading, harmful, infringing, defamatory, abusive, discriminatory, or invasive content;
• scrape, crawl, copy, extract, harvest, or bulk-download data except as expressly permitted;
• reverse engineer or attempt to discover source code, models, prompts, hidden instructions, algorithms, or proprietary systems;
• resell, sublicense, rent, or commercially exploit the Service without permission;
• use the Service to build or train a competing product without written consent;
• interfere with, overload, disrupt, or compromise the Service;
• bypass access controls, rate limits, security controls, eligibility gates, or usage restrictions;
• upload malware or harmful code;
• impersonate others;
• misrepresent affiliation with Enel Health;
• use the Service to generate spam, deceptive marketing, or unlawful claims; or
• use the Service to make unsubstantiated health, supplement, medical, or disease claims.

19. Beta, Experimental, and Early-Access Features

Enel Health may provide beta, experimental, preview, pilot, or early-access features. These features may be incomplete, unstable, inaccurate, unavailable, or changed without notice. You should not rely on beta features for critical decisions, medical decisions, or business-critical operations.

20. Third-Party Services, Data Sources, and Links

Enel Health may integrate with or link to third-party websites, services, APIs, AI models, databases, content providers, marketplaces, payment processors, analytics tools, communication tools, cloud providers, and other services. Enel Health does not control third-party services and is not responsible for their content, availability, accuracy, security, privacy practices, terms, or performance.

21. Intellectual Property

Enel Health and Company Content are owned by Enel Health or its licensors and are protected by intellectual-property and other laws. Except as expressly permitted, you may not copy, modify, distribute, sell, lease, sublicense, publicly display, publicly perform, create derivative works from, reverse engineer, or exploit Enel Health or Company Content. As between you and Enel Health, you retain whatever rights you have in your User Content. You grant Enel Health a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, display, analyze, transform, format, store, back up, create technical derivatives of, and otherwise use User Content as necessary or reasonably useful to provide, operate, secure, support, improve, and administer the Service, comply with law, enforce these Terms, and carry out purposes described in the RWE Contributor Privacy Notice and (with applicable authorization) the RWE Program.

22. Marketing, Testimonials, and Publicity

Enel Health will not use your name, likeness, testimonial, case study, logo, or endorsement in public marketing without your prior consent. If you provide a testimonial, review, quote, success story, logo permission, or public feedback, you grant Enel Health permission to use it as authorized by you and subject to applicable law.

23. Disclaimers

To the maximum extent permitted by law, Enel Health and all related services, content, AI Features, reports, outputs, data, and beta features are provided “as is” and “as available.”

Enel Health disclaims warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, reliability, security, uninterrupted operation, error-free operation, and suitability for medical, clinical, legal, regulatory, financial, or professional use.

Enel Health does not guarantee that:

• Enel Health will meet your requirements;
• Enel Health will be uninterrupted, secure, or error-free;
• AI outputs will be accurate or complete;
• any feature will remain available;
• any third-party service will continue to operate;
• data will always be available or recoverable;
• the Program will remain unchanged; or
• any health, wellness, supplement, nutrition, or other outcome will occur.

Some jurisdictions do not allow certain disclaimers, so some disclaimers may not apply to you.

24. Limitation of Liability

To the maximum extent permitted by law, Enel Health, its affiliates, officers, directors, employees, contractors, licensors, service providers, and agents will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, lost profits, lost revenue, lost data, loss of goodwill, business interruption, emotional distress, or damages arising from reliance on AI outputs or health-related information.

To the maximum extent permitted by law, Enel Health’s total liability for all claims relating to Enel Health, the Programs, or these Terms will not exceed the greater of (a) the amount you paid to Enel Health for the Service in the twelve (12) months before the event giving rise to the claim or (b) one hundred dollars ($100).

Carve-outs. The foregoing limitations do not apply to, and Enel Health does not seek to limit by contract: (i) liability for personal injury or death caused by Enel Health’s negligence; (ii) liability for fraud or intentional misrepresentation; (iii) liability for willful misconduct or gross negligence; (iv) statutory damages, civil penalties, and attorneys’ fees specifically authorized by the Washington My Health My Data Act (RCW 19.373), the Nevada Consumer Health Data Privacy Law, the California Consumer Privacy Act, California AB-45, the FTC Act, or any other consumer-protection or privacy statute that does not allow contractual limitation; (v) indemnity obligations expressly assumed under these Terms; or (vi) any liability that applicable law does not permit Enel Health to disclaim or limit.

Some jurisdictions do not allow certain limitations, so some limitations may not apply to you.

25. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Enel Health and its affiliates, officers, directors, employees, contractors, licensors, service providers, and agents from and against claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

• your use or misuse of Enel Health;
• your User Content;
• your violation of these Terms;
• your violation of law;
• your violation of third-party rights;
• your unauthorized submission of another person’s information;
• your reliance on AI outputs or health-related information;
• your false statements made to bypass eligibility or contraindication gates; or
• your use of Enel Health in regulated, professional, medical, legal, financial, or business contexts.

26. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law rules, except that the consumer-protection and privacy statutes of your state of residence apply to the extent they grant you rights that cannot be waived by contract. Nothing in this Section 26 limits or waives any non-waivable rights you may have under the Washington My Health My Data Act, the California Consumer Privacy Act, the California AB-45 health and location data protections, the Nevada Consumer Health Data Privacy Law, the Connecticut Data Privacy Act, the Texas Data Privacy and Security Act, the FTC Act, or any other consumer-protection or privacy statute applicable to you. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

27. Dispute Resolution

Subject to the carve-outs in Section 26, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, the Programs, or your use of any of the foregoing will be resolved exclusively in the state or federal courts located in New Castle County, Delaware, and you and Enel Health each consent to the personal jurisdiction of those courts. Notwithstanding the foregoing, either party may bring an individual action in small-claims court in the jurisdiction where the consumer resides. Nothing in this Section 27 limits any party’s right to seek injunctive or equitable relief to protect intellectual property or confidential information in any court of competent jurisdiction.

28. Changes to These Terms

Enel Health may update these Terms from time to time. For material changes, Enel Health will use reasonable efforts to provide notice through the Service, email, account notification, website posting, or another reasonable method. Unless otherwise stated, updated Terms become effective when posted or when notice is provided. Your continued use of Enel Health after the effective date means you accept the updated Terms. Enel Health may require affirmative acceptance of updated Terms before continued use. If you do not agree to updated Terms, you must stop using Enel Health and may request export of eligible User Content.

29. Termination

You may stop using Enel Health at any time and may request account closure as described in the RWE Contributor Privacy Notice or in account settings. Enel Health may suspend, restrict, or terminate your access to Enel Health at any time if Enel Health believes you violated these Terms, created risk, misused the Service, failed to pay applicable fees, submitted false information, infringed rights, violated law, or created security, safety, legal, regulatory, operational, reputational, or business risk.

Upon termination, your right to use Enel Health ends immediately. Sections that by their nature should survive will survive, including intellectual property, data rights, disclaimers, limitations of liability, indemnity, dispute terms, and payment obligations.

30. Notices

Enel Health may provide notices by email, account notification, website posting, in-product message, or other reasonable method. You may contact Enel Health at:

Enel Health Inc.
Privacy Office
5639 La Jolla Blvd
La Jolla, CA 92037
info@enelhealth.com
https://enelhealth.com

31. Supplemental Terms; Entire Agreement

Certain features, plans, beta programs, integrations, professional services, enterprise services, APIs, data feeds, or partner offerings may be subject to supplemental terms. If supplemental terms conflict with these Terms, the supplemental terms control for the applicable feature or service.

These Terms, together with the RWE Contributor Privacy Notice, the Curator Privacy Notice, the Consumer Health Data Privacy Policy, the Website Privacy & Cookie Notice, the State Privacy Rights Notice, the ADMT Disclosure, the RWE Contributor Authorization & Informed Consent or Curator Authorization & Informed Consent applicable to you, any supplemental terms, and any accepted order form or signup notice, constitute the entire agreement between you and Enel Health regarding the Service. If any provision is found unenforceable, the remaining provisions remain in effect. Failure to enforce a provision is not a waiver.

You may not assign these Terms without Enel Health’s consent. Enel Health may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, corporate transaction, or by operation of law.