End User License Agreement

This End User License Agreement (the "Agreement") sets the terms for using the EnaFeedback software and its related services. An organization accepts this Agreement by requesting a trial environment, accepting a proposal or starting to use the Software.

This English text is a translation. In case of conflict, the Turkish version prevails.

1. PartiesCopy Anchor Link

The Software is offered for professional and commercial activities and public services. It is not a consumer service.

2. DefinitionsCopy Anchor Link

• Software: the EnaFeedback web application, admin panel, mobile application, their updates and documentation.
• Service: the provision of the Software over the internet, hosted by the Company in a separate application environment allocated to the Customer, together with the related ENA Cloud services (QR, NFC and display redirects, notification and AI gateways).
• Proposal: the proposal, order form or contract accepted by the Customer that sets out the scope, term and fee.
• Users: the people the Customer invites to the admin panel and the Customer's field staff.
• Visitors: people who use the Software's visitor interface in the Customer's premises through a QR code, NFC tag or display.
• Customer Data: all data entered into the Software by the Customer, Users and Visitors, or generated by the Software on the Customer's behalf.

3. Grant of licenseCopy Anchor Link

3.1. For the term stated in the Proposal, the Company grants the Customer the right to use the Software solely for its own organizational activities. This right includes access to new versions of the Software as part of the Service.

3.2. The license is non-exclusive, non-transferable and non-sublicensable, and may be terminated in the cases set out in this Agreement.

3.3. The Customer may let Users and Visitors use the Software within the scope of the Customer's activities. The Customer is responsible for Users' compliance with this Agreement and the Acceptable Use Policy.

3.4. Once published, the mobile application is also subject to the terms of the relevant app store.

4. TrialCopy Anchor Link

4.1. At the Customer's request, the Company may open a free trial environment with every feature. The trial period and conditions are stated in the trial offer.

4.2. The trial environment is provided "as is". The Company may end the trial environment by giving notice.

4.3. If the Customer does not move to paid use at the end of the trial, trial environment data is deleted under Section 10.3, without prejudice to the Customer's ability to export it during the trial.

5. RestrictionsCopy Anchor Link

5.1. Technical restrictions. The Customer and Users may not:

• Copy, reproduce or make unauthorized backups of the Software. Retrieving Customer Data with the Service's own export tools is not restricted.
• Attempt to access the Software's source code by reverse engineering, decompiling or disassembling, except where mandatory law permits it.
• Modify the Software or create derivative works from it.
• Attempt to bypass security measures, rate limits or access controls. Security research may be carried out only under the Responsible Disclosure Policy.

5.2. Commercial restrictions. The Customer and Users may not:

• Sell, rent, lend or offer the Software as a service to third parties.
• Examine the Software in order to build a competing product.
• Publish the results of performance or benchmark tests without the Company's written permission.

5.3. Use restrictions. Use of the Software is also subject to the Acceptable Use Policy. The Customer is responsible for keeping access credentials confidential and preventing unauthorized use of accounts.

6. Intellectual propertyCopy Anchor Link

6.1. The Software and all intellectual and industrial property rights in it belong to the Company or its licensors. These rights cover in particular the source and object code, algorithms and business logic, user interface design, documentation and training materials, and the "EnaFeedback" and "ENA Innovation" trademarks and logos.

6.2. This Agreement transfers no rights to the Customer other than the right of use in Section 3.

6.3. The Software may include open-source components subject to their own license terms. Those terms apply to the extent they grant the Customer broader rights than this Agreement.

6.4. The Company may use suggestions and feedback the Customer provides about the Software to improve the product, without any obligation to the Customer.

7. Fees and paymentCopy Anchor Link

7.1. The Software is offered as a single plan that includes every feature, under a proposal tailored to the Customer. The fee, payment schedule and subscription term are stated in the Proposal.

7.2. Unless the Proposal states otherwise, fees are paid in advance at the start of each period and paid fees are non-refundable.

7.3. The Company may change fees for the next subscription period by giving at least 30 days' written notice. The fee for the current subscription period stays fixed.

7.4. If payment is not made when due, the Company may suspend access to the Service after written notice. If payment is not made within 30 days of suspension, the Company may terminate the Agreement, and Section 10.3 applies.

7.5. For public institutions, payment and termination terms apply together with the relevant legislation and the Proposal.

8. Data and privacyCopy Anchor Link

8.1. Rights in Customer Data belong to the Customer. The Company processes Customer Data only to provide, support and secure the Service.

8.2. For personal data, the Customer is the data controller and the Company is the data processor. This relationship is governed by the Data Processing Agreement. Processing the Company carries out for its own purposes is governed by the Privacy Policy.

8.3. The Company takes the technical and organizational measures described in the Data Processing Agreement. Because no system can be completely secure, the Company does not guarantee that Customer Data will never be subject to unauthorized access.

8.4. The Customer is responsible for informing Visitors and Users, obtaining explicit consent where required and configuring forms in line with the law.

9. AI featuresCopy Anchor Link

9.1. AI features such as sentiment analysis, voice and video transcription and translation are switched on or off in the Customer's settings. These features require the relevant text, audio or video to be sent to the AI provider the Customer selects.

9.2. AI output may be inaccurate or incomplete. It is meant to assist Users; decisions remain with Users. The Customer is responsible for checking output before using it, particularly in actions that affect individuals.

9.3. Daily call limits apply to AI use.

10. Term and terminationCopy Anchor Link

10.1. Term. The Agreement remains in force for the term stated in the Proposal. Unless the Proposal states otherwise, it does not renew automatically.

10.2. Termination.

• The Customer may choose not to renew its subscription at the end of a term. If the Customer terminates during a term, no refund is made for the remaining period, subject to any specific terms in the Proposal.
• Either party may terminate the Agreement if the other party materially breaches it and does not remedy the breach within 15 days of written notice.
• The Company may suspend access immediately if the Software is used for unlawful purposes or in a way that seriously endangers the security of the Service, other customers or third parties, and may terminate the Agreement if the breach is not remedied.

10.3. Effects of termination.

• Access to the Service ends.
• The Customer may retrieve its data with the Service's export tools before the Agreement ends. If the Customer requests it in writing within 30 days after termination, the Company delivers a copy of the Customer Data in a machine-readable format.
• The Company deletes Customer Data within 30 days after termination, following the procedure in the Data Processing Agreement.
• Provisions that by their nature should survive termination (intellectual property, confidentiality, liability, governing law) remain in force.

11. Limits of warrantyCopy Anchor Link

11.1. The Company undertakes that the Software will substantially provide the main features described in its documentation. Otherwise, the Software is provided "as is" to the extent permitted by law.

11.2. In particular, the Company does not guarantee that the Software will run without interruption or error, that it will suit a particular purpose of the Customer, or that third-party services (internet connectivity, DNS and proxy services, SMS and email providers, AI providers, mobile operating systems) will run without interruption.

11.3. Planned maintenance is announced in advance where possible.

12. Limitation of liabilityCopy Anchor Link

12.1. The Company's total liability under this Agreement is limited to the fees the Customer paid to the Company in the 12 months before the event giving rise to the claim. During a free trial, the Company's liability is limited to the fullest extent permitted by law.

12.2. The Company is not liable for indirect damages, loss of profit, business interruption, loss of reputation, or data loss caused by the Customer not using the available export and backup options.

12.3. The limitations in this section do not apply to intent or gross negligence, death or bodily injury, or other cases where the law does not permit a limitation.

13. General termsCopy Anchor Link

13.1. Governing law. This Agreement is governed by the laws of the Republic of Türkiye.

13.2. Disputes. The Courts and Enforcement Offices of Afyonkarahisar have jurisdiction over disputes arising from this Agreement. If the Proposal contains a different jurisdiction clause, that clause applies.

13.3. Order of precedence. In case of conflict, the following apply in this order: the Proposal, the Data Processing Agreement (for personal data), this Agreement and the Acceptable Use Policy.

13.4. Changes. The Company may update this Agreement. Material changes to the Customer's detriment are notified to the Customer at least 30 days before they take effect. Changes do not increase the fee during a current subscription period.

13.5. Assignment. The Customer may not assign its rights under this Agreement without the Company's written consent. The Company may assign the Agreement in a merger, demerger or transfer of business by notifying the Customer.

13.6. Force majeure. Obligations affected by events beyond the parties' control, such as natural disasters, epidemics, war, general network or power outages and decisions of public authorities, are suspended for the duration of those events.

13.7. Severability and waiver. If any provision is held invalid, the other provisions are not affected. Not exercising a right does not mean waiving it.

13.8. Notices. Notices may be sent to the email addresses recorded in the Proposal or the Service. The Company's address for legal notices is support@enainnovation.com.

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

14. ContactCopy Anchor Link