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enafeedback

Terms of Service

The terms that govern the use of the EnaFeedback service and the www.enafeedback.com website.

Effective date: · Last updated:

This text is for information; the terms of your signed service agreement prevail.

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 EnaFeedback software service provided by ENA Innovation and the www.enafeedback.com website. EnaFeedback is business software for organizations such as hospitals, universities, public institutions, municipalities and facility management companies. 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")

ItemValue
AddressBattalgazi Mah. Eskişehir Yolu Bulv. A.N.S. Kampüsü, Zafer Technopark, Merkez/Afyonkarahisar, Türkiye
Emailsupport@enainnovation.com
Legal correspondencesupport@enainnovation.com
Phone0850 308 45 91
Trade registry details[Trade Registry Office and Registration No: …] · [MERSİS No: …]

Customer: the organization that starts using EnaFeedback through a quote, order form, agreement or free trial request (the "Customer").

User: administrators, team members and field staff who access the Service on the Customer's behalf, and people who visit the website.

2. Definitions

  • Service: the EnaFeedback software, including the web admin panel, visitor and staff interfaces, the mobile app, the QR code, NFC and live display redirect infrastructure, and related support services.
  • Customer Environment: the application stack, database, cache and file storage run separately for each Customer.
  • Customer Data: all data entered into the Service, or collected through it, by the Customer, Users or visitors at the Customer's locations.
  • Contract Documents: the quote, order form or service agreement accepted in writing with the Customer; the Data Processing Agreement for personal data matters; these Terms; and the End User License Agreement (EULA).

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. Provisions on the software license of the Service are also set out in the End User License Agreement. 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; (iv) the EULA.

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. EnaFeedback is a platform for managing visitor feedback, hygiene ratings, tickets, cleaning and control logs, tracking plans, check-in and check-out records, surveys and content pages in physical places, reached through QR codes, NFC tags and live displays.

4.2. Each Customer runs on its own dedicated Customer Environment. Hosting and sub-processor details 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. Accounts and access

5.1. Public sign-up is not available. ENA Innovation opens the Customer Environment, and administrator accounts are created by invitation only. The first owner of the Customer Environment invites other users with their roles and permissions.

5.2. Field staff access the Service with a personal staff code defined by the Customer or with a registered device (passkey).

5.3. The Customer is responsible for deciding its users, their roles and permissions, removing access for people who leave, and keeping account details confidential. Actions taken through accounts are deemed to be the Customer's.

5.4. The Customer reports any unauthorized access or incident affecting account security without delay to support@enainnovation.com.

6. Free trial

6.1. ENA Innovation may offer requesting organizations a free trial environment with every feature. A trial environment is usually opened within about 2 hours of the request; this is not a commitment.

6.2. The trial period and conditions are stated in the trial offer. ENA Innovation reserves the right to decline a trial request and may end a trial environment by giving notice.

6.3. The trial environment is provided "as is". During the trial, the limitation of liability in Section 15 applies, subject to liability that cannot be limited by law.

6.4. If the trial is not converted to paid use, the data in the trial environment is deleted within 30 days after the trial ends, following the procedure in Section 17. The Customer may export its data during the trial.

7. Plan, quote and payment

7.1. EnaFeedback is offered as a single plan with every feature. The fee is set in a quote prepared for the Customer's needs. The fee, payment terms and contract term are stated in the quote or agreement.

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:

  1. Uses the Service in line with applicable law, the Contract Documents and the acceptable use rules in Section 9.
  2. Acknowledges that it is the data controller for personal data processed through the Service. It is responsible for informing visitors and staff (for example, by providing a privacy notice at QR points and in forms), obtaining explicit consent where required, meeting its obligations relating to the Data Controllers' Registry (VERBİS) and answering data subject requests.
  3. Decides which form fields are mandatory, whether contact details are requested and how long data is kept. The Service allows visitors to send special categories of personal data, such as health data, in free text, photos, video or audio. The Customer takes this risk into account when designing its forms and privacy notices.
  4. Ensures that the text, images, logos and embedded content (for example, video embeds) it adds to content pages, posters and notifications are lawful and that it holds the necessary rights.
  5. Complies with the terms of any email, SMS, push notification, webhook or AI provider it connects with its own account. The relationship with such providers is directly between the Customer and the provider.
  6. 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;
  • distribute unsolicited commercial messages, malware or misleading content;
  • 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;
  • send automated requests that overload the Service;
  • 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;
  • publish performance tests or benchmark results without written permission.

These rules apply together with the restrictions in the Acceptable Use Policy and the End User License Agreement.

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 within the meaning of Turkish Law No. 6698 on the Protection of Personal Data ("KVKK") and follows the Customer's instructions. The parties' rights and obligations in this respect are governed by the Data Processing Agreement.

10.3. 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.

10.4. Sub-processors used in the Service are listed on the Sub-processors page.

11. AI features

11.1. The Service includes AI-assisted features such as sentiment analysis, audio and video transcription, and translation of content and comments. The Customer can switch these features on and off.

11.2. AI outputs are generated automatically and may be wrong or incomplete. They support decisions; decisions about tickets and requests are made by the Customer's authorized users.

11.3. The default AI setup uses a third-party model provider through ENA Innovation's AI gateway. If the Customer connects another provider with its own key, that provider's terms apply.

12. Intellectual property

12.1. All rights in the software, source and object code, interface design, documentation, and the EnaFeedback 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 EULA.

12.2. The Customer grants ENA Innovation the right to use its name, logo and content, limited to the contract term and to the extent needed to provide the Service. 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. Planned maintenance and updates are performed during low-usage hours where possible. Disruptions caused by infrastructure, network or third-party service outages beyond ENA Innovation's control are not a breach of these Terms.

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 AI outputs will be accurate. 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 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 (for example, Excel and PDF reports and a database export).

17.3. Within 30 days after the end date, the Customer Environment is shut down and Customer Data is deleted, including the database, file storage, cache and backup dumps on the server. 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. 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

These Terms are governed by the laws of the Republic of Türkiye. 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 0850 308 45 91.