GutTracker®
App User Agreement

The terms that govern your use of the G-Tech app.

Effective date: October 21, 2026.

1. Acceptance and Scope. This App User Agreement is between you and G-Tech Medical, Inc. (“G-Tech,” “we,” or “us”) and governs your use of the Gut Insight app, including companion app functions made available for GutTracker (the “App”). By selecting the acceptance checkbox and “Agree and Continue,” you agree to this Agreement. If you do not agree, do not activate or use the App.

The App supports personal recording of health history, symptoms, events, and therapies and, where enabled and authorized, connected patient services and an ordered GutTracker test. Personal tracking does not itself provide GutTracker testing, clinician review, access to another person’s records, or expanded patient functions. Available features and any invitation requirements are identified during setup. If device-only tracking is offered, those entries remain on the device unless you export or submit them or activate a connected function with the applicable disclosures and permissions. A feature described here need not be available in every release. Gut Insight LongView and the clinician interpretation module have separate user terms. This Agreement does not replace GutTracker instructions for use, terms for an ordered clinical service, or your agreements with a healthcare practice.

2. Eligibility and Account Access. You must be 18 years of age or older and able to enter into this Agreement as the account holder. You may use the service for another person only through representative access that G-Tech enables after your identity and authority are verified. For a pediatric patient, the participating practice must confirm that you are the patient’s parent or legal guardian before G-Tech enables that access. You accept this Agreement in your own capacity and on the patient’s behalf to the extent of your authority. The child does not sign in. Use your own credentials and notify G-Tech and the practice if your authority changes. Your access is limited by applicable law, any restrictions on your authority, and the account permissions, including restrictions protecting confidential care received by a minor.

Provide accurate registration information, keep your credentials confidential, and promptly tell G-Tech if you suspect unauthorized access. You are responsible for activity you authorize through your account. G-Tech may verify identity and eligibility before enabling access or responding to a sensitive request. Access to patient records hosted by G-Tech requires an invitation issued by G-Tech. Your access is linked to the patient record identified through that invitation. Personal tracking, if made available without an invitation, is limited to your own information and does not bypass these requirements. Do not use a Patient ID or invitation intended for someone else.

3. App License and Device Use. During authorized use, G-Tech grants you a limited, personal, nonexclusive, nontransferable license to install and use the App on a device you own or control, solely for the functions made available to you. The license is subject to this Agreement and any applicable app-store usage rules.

Use GutTracker only under the applicable clinician order and current product instructions. Also follow your clinician’s directions. Report malfunctions, unexpected App behavior, device damage, skin reactions, suspected injuries or adverse events, and safety or security concerns promptly to G-Tech support, even if you are unsure whether the product caused the problem. Do not continue using a damaged or apparently unsafe device or affected function, and do not delay medical care while reporting. Keep the device and related materials for evaluation; do not discard, alter, or return them unless G-Tech instructs you. Follow the reporting instructions at https://www.gtechmedical.com/safety.html.

The App may require a compatible device, operating system, network connection, and enabled permissions for particular functions. Follow the current compatibility information and setup instructions. Do not change prescribed recording or therapy instructions based on an App display.

4. Clinical Care and Urgent Concerns. G-Tech supplies technology and support and does not provide your medical care. Where you receive clinical care, your clinician is responsible for evaluating your symptoms and results and making diagnosis and treatment decisions. Personal tracking alone does not establish a clinician relationship. Educational materials, research summaries, and software displays do not replace advice from your clinician. Do not start, stop, or change treatment solely because of information displayed in the service. The service is not monitored for emergencies. Entries or changes to your record may not be reviewed promptly by your clinician or G-Tech. The App does not provide messaging to your clinician; messages to G-Tech support concern service or product issues. Use the communication method your practice directs for clinical questions. In an emergency, call 911 or your local emergency number.

5. Information You Enter and Practice Access. Enter information accurately and identify estimates or uncertainties where the App allows. Tell your practice about important omissions or errors. An entry does not itself establish a diagnosis, modify a prescription, or confirm that a clinician has reviewed it. Information associated with an ordered service may be provided to the ordering or treating practice as needed for that service and as permitted by law and the applicable practice arrangements. Practices receive App information through GutTracker reports or through authorized access to LongView; the App does not itself provide a separate practice access function. Practice access through LongView is subject to the confirmation process described in the LongView Patient User Agreement. Acceptance of this Agreement does not authorize every participating practice to access your history. If you want to change access, use the available controls or contact G-Tech. A change to future access does not recall copies already provided or override lawful clinical recordkeeping. Once you enter a valid Patient ID and activate the connected App functions, information you record is encrypted on your phone and ordinarily uploaded to G-Tech’s AWS servers every 20 minutes, including before you confirm a Practice’s access. Transmission depends on connectivity and device operation. These uploads do not mean that a clinician is monitoring your entries. Removing an entry changes the next complete log supplied to LongView; it does not itself erase earlier uploads, signed reports, or other retained records. Earlier uploads remain subject to the applicable retention and deletion rules. Stopping LongView reading the App log hides that log in the patient and clinician LongView views and stops new reads; it does not itself stop App uploads or delete stored information.

6. Privacy and Permission to Operate the App. You retain any rights you have in information you provide. You give G-Tech permission to receive, store, organize, display, transmit, and otherwise process that information as reasonably necessary to provide the service, carry out your authorized instructions, support your use, protect the service, address product quality and safety concerns, handle complaints, and meet regulatory reporting and other legal obligations, in each case as permitted by applicable law and the governing agreements. This permission continues for retained records only to the extent needed for those permitted purposes and does not transfer ownership of your health information.

G-Tech handles personal information as described in the App and Platform Privacy Policy at https://www.gtechmedical.com/app-platform-privacy.html. Where G-Tech processes protected health information on behalf of your practice, applicable law and G-Tech’s agreement with that practice, including its business associate agreement, govern that processing. This Agreement is not a HIPAA authorization, a consent to medical treatment, or your practice’s Notice of Privacy Practices.

G-Tech does not sell or rent personal information, share it for cross-context behavioral advertising, supply it to data brokers, or build advertising profiles. Acceptance does not authorize use of identifiable health information to train a general-purpose AI model. Where permitted by applicable law and any governing Practice agreement or BAA, G-Tech may create properly de-identified information and retain, correlate, combine, use, and share it for lawful research, analysis across users, development and improvement of products and services, and development, validation, and training of algorithms and models. As between you and G-Tech, G-Tech retains its rights in those de-identified compilations, databases, analyses, and models; you retain any rights you have in your personal information. These permissions do not authorize use of identifiable information where separate consent or authorization is required, re-identification, or enrollment in research. These uses must remain consistent with the privacy commitments above.

7. Separate Research Participation. Using the service does not enroll you in a registry or research study. Registry participation requires a separate enrollment process, applicable IRB-approved informed consent, and any required authorization or other lawful basis for research use of health information. An agreement to ordinary service use is not research consent.

Declining registry participation does not prevent ordinary service use. Features available only to research participants may require enrollment. Research-related choices and withdrawal are governed by the research materials. Closing your service account does not itself withdraw research consent; withdrawing research consent does not itself close your service account.

8. Permitted Use and Intellectual Property. Use the service only for its intended personal health purposes and in accordance with these terms, applicable instructions, and law. Do not obtain unauthorized access, interfere with security or operation, introduce malicious code, impersonate another person, upload information you have no right to provide, or scrape or redistribute other users’ information. Do not copy, modify, resell, or reverse engineer the software except to the extent applicable law expressly permits despite this restriction. G-Tech and its licensors retain their rights in the software, interface, and proprietary materials. These restrictions do not prevent you from accessing or sharing your own records as allowed by law and the available functionality.

9. Charges. G-Tech does not charge patients for access to this service. This Agreement does not establish fees for clinical care, GutTracker testing, or services billed by your practice or another provider. Your internet, device, and mobile carrier charges remain your responsibility. G-Tech will disclose any proposed patient service charge and obtain any required agreement before charging you. Acceptance does not enroll you in a paid subscription.

10. Updates and Electronic Communications. G-Tech may update the service for security, safety, legal requirements, or functionality. Material changes to this Agreement will be presented for affirmative acceptance before they apply to your continued use. G-Tech will identify the revised version and make a copy available. Changes will not retroactively alter an accrued claim or authorize a new use of health information that requires separate consent.

You agree that G-Tech may provide account, security, and service notices within the App or to the email address you supply. Keep that address current. This provision does not enroll you in marketing communications or a text message program. You may save or print this Agreement and request a copy from G-Tech. Any legally required consent to receive statutory disclosures electronically will be obtained separately where applicable.

11. Ending Access and Obtaining Records. You may stop using the service and request account closure by contacting G-Tech. G-Tech may suspend or end access for a material violation of this Agreement, loss of eligibility, a security or safety concern, or discontinuation of the service. When practicable, G-Tech will give notice and an opportunity to resolve the issue before suspension or termination. Immediate restrictions may be necessary to protect patients, information, or the service. Closing an account does not necessarily delete clinical, safety, research, or other records that must or may lawfully be retained. Retained information remains subject to applicable privacy protections. Copies already held by a practice are subject to that practice’s obligations. The provisions concerning permitted processing of retained records, privacy, intellectual property, accrued claims, and dispute resolution continue to apply after access ends, to the extent relevant.

You may request access, correction, or deletion as described in the privacy notice and applicable law. For records held by G-Tech, if your account closes or the service is discontinued, G-Tech will notify you and provide at least 30 calendar days of read-only access beginning when ordinary access ends, together with a complete export of available patient records held by G-Tech upon request, except where access must be restricted by law or to address an immediate security or safety risk. Your statutory rights to obtain records are not limited to that window. For entries stored only on your device, use the available device or App functions to save, export, or delete them; G-Tech cannot supply a copy it has not received.

12. Warranty Disclaimer. TO THE EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND G-TECH DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. G-Tech does not guarantee uninterrupted operation, that every error will be corrected, or any clinical outcome. This disclaimer does not override an express warranty in a separate applicable agreement, product labeling, or a legal duty that cannot be disclaimed.

13. Limits on Liability. TO THE EXTENT PERMITTED BY LAW, G-TECH WILL NOT BE LIABLE UNDER THIS AGREEMENT FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. ITS TOTAL LIABILITY TO YOU ARISING FROM THE SERVICE OR THIS AGREEMENT WILL NOT EXCEED THE GREATER OF US $1,000 OR THE FEES YOU PAID DIRECTLY TO G-TECH FOR THIS SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

These limits do not apply to fraud, willful misconduct, gross negligence, death or personal injury caused by G-Tech’s negligence, or liability or remedies that applicable law does not permit to be limited. Nothing in this Agreement waives a nonwaivable privacy, consumer, or health record right. These terms do not limit a separate practice’s liability or alter obligations under a separate practice agreement or business associate agreement. They do not limit obligations arising independently from the GutTracker device or an ordered clinical service.

14. App Store Provisions. If you obtain the App through Apple’s App Store, this Agreement is between you and G-Tech, not Apple. The license extends to Apple-branded products you own or control as permitted by Apple’s usage rules, including permitted Family Sharing or volume purchasing use. G-Tech, rather than Apple, is responsible for the App and any required maintenance or support. Apple has no maintenance or support obligation. If the App fails to conform to an applicable warranty, you may notify Apple and Apple will refund any App purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation. As between G-Tech and Apple, G-Tech is responsible for addressing claims concerning the App or your possession or use of it, including product liability, legal or regulatory noncompliance, and consumer protection or privacy claims. G-Tech, rather than Apple, is solely responsible for investigating, defending, settling, and discharging third-party claims that the App or your possession or use of it infringes intellectual property rights. These provisions allocate responsibility between G-Tech and Apple; G-Tech’s warranty disclaimers and limitations of liability in Sections 12 and 13 continue to apply to the extent permitted by law. Apple and its subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance, may enforce it against you.

You represent that you are not in a country subject to a U.S. government embargo or designated as supporting terrorism and are not on a U.S. prohibited or restricted-party list. You must comply with applicable third-party terms when using the App. Other app store terms may govern your relationship with that store without expanding G-Tech’s rights to your health information.

15. General Terms. California law governs this Agreement, excluding its conflict-of-laws rules, except that mandatory protections under applicable law remain available to you. Subject to any nonwaivable right to bring a claim elsewhere, disputes may be brought in the state or federal courts in Santa Clara County, California, and the parties consent to jurisdiction there. This Agreement does not require arbitration or waive a right to bring a claim in small claims court where otherwise available.

This Agreement governs only the service identified here. Other G-Tech products and services, medical care, and research participation have their own applicable terms. If a provision is unenforceable, it will be limited only as necessary and the remaining provisions will continue. A failure to enforce a provision is not a waiver. G-Tech may transfer this Agreement with the service in a merger, reorganization, or sale, subject to applicable law and continuing privacy obligations. You may not transfer your personal account to another user.

16. Contact and Acceptance. G-Tech Medical, Inc., Fogarty Innovation, 2495 Hospital Drive, Suite 300, Mountain View, CA 94040. General and privacy inquiries: info@gtechhealth.com. Product support: support@gtechhealth.com or (650) 960-7519. Do not send detailed health information through ordinary email or text; ask us for an appropriate secure method.