ENA INNOVATION
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ENA Innovation — Legal Documents

Terms of Service

Last Updated: June 7, 2026
Contents

1. Parties and Definitions

This Terms of Service Agreement ("Agreement") is entered into by and between ENA Innovation Sağlık ve Yazılım Teknolojileri San. Tic. A.Ş. ("ENA Innovation", "we", "us", or "our"), a company incorporated under Turkish law (Afyonkarahisar Trade Registry No. 18590, MERSİS No. 0334130943400001, Tax No. 3341309434 / TINAZTEPE Tax Office, registered address: Battalgazi Mah. Eskişehir Yolu Bulv., A.N.S. Kampüsü, Zafer Teknopark, Merkez/Afyonkarahisar, Türkiye), and:

  • "Business" or "Tenant" — any legal entity or individual that registers for an EnaSpace account, purchases a subscription, or otherwise accesses the Services on behalf of an organization.
  • "End User" or "User" — any individual authorized by a Tenant to use the Services under the Tenant's account.
  • "You" — the Tenant and/or End User, as context requires.

Key Definitions

  • "Services" means the EnaSpace platform, EnaGate authentication, and all associated products including but not limited to EnaFeedback, EnaSmartway, EnaQuality, and EnaTto, as developed and operated by ENA Innovation from time to time.
  • "Platform" means the web application accessible at portal.enaspace.com and www.enaspace.com, together with related APIs and infrastructure.
  • "Subscription" means a time-bound paid plan granting access to designated features of the Services.
  • "Content" means any data, text, surveys, forms, configuration, or other material you upload, submit, or generate through the Services.

2. Platform Ecosystem

ENA Innovation operates a unified digital health and software technology ecosystem. All domains listed below — and their subdomains — are owned and operated exclusively by ENA Innovation Sağlık ve Yazılım Teknolojileri San. Tic. A.Ş.:

DomainPurpose
enainnovation.comCorporate identity and legal entity
enaspace.comPlatform portal and developer console
enagate.comCentralized authentication and identity management
enafeedback.comSmart feedback and survey product
enasmartway.comVisitor wayfinding and navigation product
enaquality.comQuality management product
enatto.comTechnology Transfer Office (TTO) operations management product

Additional products and domains may be added to this ecosystem at any time. All such additions are governed by this Agreement unless a separate agreement is explicitly executed in writing.

By using any product within the EnaSpace ecosystem, you acknowledge and agree that a single contractual relationship exists between you and ENA Innovation, governed by this Agreement.

3. Acceptance of Terms

By (a) creating an account, (b) clicking "I agree" or a similar affirmation button, (c) accessing or using the Services, or (d) executing an order form referencing this Agreement, you acknowledge that you have read, understood, and agree to be bound by this Agreement and our Privacy Policy, Cookie Policy, and the Acceptable Use Policy set out in Section 10 of this Agreement.

If you are accepting this Agreement on behalf of a Tenant, you represent and warrant that you have the authority to bind that entity to this Agreement.

If you do not agree to these terms, you must not access or use the Services.

This Agreement constitutes the entire agreement between you and ENA Innovation with respect to the Services and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings.

4. EnaGate Central Authentication (SSO)

The EnaSpace ecosystem uses EnaGate (enagate.com) as its centralized identity and authentication layer, built on enterprise-grade OpenID Connect (OIDC) infrastructure. EnaGate provides:

  • Single Sign-On (SSO): One EnaGate account grants access to all EnaSpace ecosystem products to which your Tenant subscribes.
  • Role-Based Access Control: Access to specific features, datasets, and administrative functions is controlled by roles assigned within EnaGate.
  • Multi-Factor Authentication (MFA): ENA Innovation strongly recommends enabling MFA for all accounts. Tenant administrators may enforce MFA for their organization.

Account security is your responsibility. You are solely responsible for:

  1. Maintaining the confidentiality of your EnaGate credentials.
  2. All activities that occur under your account, whether authorized by you or not.
  3. Promptly notifying ENA Innovation at [email protected] if you suspect unauthorized access.

ENA Innovation will not be liable for any loss or damage arising from unauthorized account access resulting from your failure to maintain adequate security.

5. Accounts and Security

Registration. You must provide accurate, current, and complete information when creating an account. You agree to update this information as necessary to keep it accurate.

Age Requirement. You must be at least 18 years of age to use the Services on behalf of a Tenant. End Users under 18 may only use the Services with explicit authorization from their Tenant administrator.

Tenant Administrators. Each Tenant account designates at least one administrator responsible for managing user access, roles, permissions, and compliance within their organization.

Prohibited Account Actions. You must not:

  • Share your credentials with others outside your organization.
  • Create accounts using automated means or false identities.
  • Transfer your account to another party without our written consent.

ENA Innovation reserves the right to suspend or terminate accounts that violate these provisions, at its sole discretion and without prior notice where security requires immediate action.

6. Multi-Tenant Structure and Tenant Responsibility

The Services operate on a multi-tenant architecture where each Tenant's data is logically isolated from other Tenants through database-level row isolation, cryptographic access controls, and role-based access management.

Tenant Self-Governance. Tenants are solely responsible for:

  • Creating and managing sub-user accounts within their organization.
  • Assigning appropriate roles and access levels to their users.
  • Ensuring all Content submitted by their users complies with applicable law and this Agreement.
  • Obtaining all necessary consents and permissions from End Users whose data is processed through the Services.
  • Configuring and maintaining lawful integrations (outbound webhooks, BYO SMS gateways, and API connections) when used.

Tenant Liability. Each Tenant is fully and exclusively liable for:

  • Unlawful use of the Services by its users (e.g., creating discriminatory surveys via EnaFeedback, conducting unauthorized data collection).
  • Any breach of applicable data protection, consumer protection, or sector-specific regulations caused by the Tenant's use of the Services.
  • Misrepresentation or fraudulent activity carried out through the Tenant's account.

ENA Innovation does not review or monitor Tenant Content for legal compliance. However, ENA Innovation reserves the right to remove Content, suspend access, or terminate accounts where it has reasonable grounds to believe a violation of applicable law or this Agreement has occurred.

7. SaaS Subscription Model

License Grant. Subject to your timely payment of applicable fees and compliance with this Agreement, ENA Innovation grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services during the Subscription term.

Subscription Tiers. The Services are offered in multiple subscription tiers with different feature sets and usage limits. Current pricing and plan details are available at enaspace.com/pricing.

Service Availability (SLA). ENA Innovation targets a platform availability of 99.5% or higher per calendar month, excluding scheduled maintenance windows announced at least 48 hours in advance. Details are published at status.enagate.com.

Beta and Preview Features. The Services may include features designated as "Beta", "Preview", or "Experimental". These features are provided "as-is", may be discontinued without notice, and are excluded from any SLA commitments.

Platform Notification Infrastructure. Each EnaSpace product — including EnaFeedback, EnaTto, EnaSmartWay, and EnaQuality — may deliver operational SMS and email notifications to end users and stakeholders as part of its core functionality. When platform delivery applies, outbound SMS messages for Turkish (+90) numbers are delivered via NetGSM, ENA Innovation's licensed Turkish mobile messaging gateway; non-Turkish numbers are delivered via Bird (formerly MessageBird), ENA Innovation's global SMS platform provider. Transactional email notifications are delivered via Resend, ENA Innovation's contracted transactional email provider. These providers act as sub-processors under the applicable Data Processing Agreement and process recipient contact data solely for delivery purposes. Tenants enabling notification features within any EnaSpace product are solely responsible for: (i) obtaining all required recipient consents under applicable electronic communications and anti-spam laws, including Turkey's Electronic Commerce Law No. 6563 and the EU's ePrivacy Directive; (ii) compliance with mobile carrier requirements and applicable regulations for outbound SMS messaging; (iii) maintaining suppression lists and honoring all opt-out requests; and (iv) ensuring that notification content complies with all applicable laws.

Tenant Integrations. Certain products, including EnaFeedback, support Tenant-configured integrations: outbound webhooks (HMAC-signed HTTP event delivery to Tenant-specified endpoints) and bring-your-own (BYO) SMS gateways (Twilio, Infobip, NetGSM, Bird, or a custom HTTPS webhook). Tenants enabling these features are solely responsible for: (i) ensuring endpoints and providers are authorized and lawfully configured; (ii) compliance with data protection and electronic communications obligations for data transmitted to third-party systems and SMS providers; (iii) security of integration credentials and signing secrets; and (iv) the acts and omissions of any third-party systems (including Slack, Microsoft Teams, automation platforms, and Tenant-selected SMS providers) that receive data from the Services. ENA Innovation stores integration secrets encrypted at rest and may fail over from a Tenant's BYO SMS provider to platform defaults (NetGSM or Bird) when the Tenant's provider returns a technical failure.

8. Billing and Payments

Merchant of Record — International. For customers billed in currencies other than Turkish Lira (TRY), or for customers located outside Türkiye, payment processing, invoicing, and billing are handled by Paddle (paddle.com), our authorized Merchant of Record for international transactions. Paddle's terms of service apply to such transactions. ENA Innovation remains responsible for the delivery of the Services.

Merchant of Record — Türkiye. For customers billed in Turkish Lira (TRY) with a Turkish billing address, payment processing is handled via PayTR and invoicing is issued directly by ENA Innovation Sağlık ve Yazılım Teknolojileri San. Tic. A.Ş. in accordance with Turkish tax legislation.

Taxes. Prices may be exclusive of VAT, KDV, GST, or other applicable taxes. Applicable taxes will be added at checkout based on your billing address and local tax regulations.

Payment Failure. If payment fails, we may attempt re-billing and will notify you. Continued non-payment may result in Service suspension after a 7-day grace period.

Price Changes. We may change subscription prices. We will provide at least 30 days' advance notice before any price increase takes effect for existing Subscriptions.

9. Cancellation and Refund

Nature of Service — SaaS and Digital Delivery. The Services are a Software-as-a-Service product that is digitally delivered and immediately accessible upon subscription commencement. Access to the platform infrastructure, data processing, and operational services begins immediately upon payment confirmation.

No Mid-Period Refund. Because the Services are fully digital and immediately performed, fees paid for a billing period that has already commenced are non-refundable, regardless of whether you continue using the Services during that period. This applies to both monthly and annual subscription plans.

Cancellation. You may cancel your Subscription at any time from your account dashboard. Upon cancellation:

  • Your Subscription will remain active until the end of the current billing period.
  • You will not be charged for subsequent billing periods.
  • Your data will be retained for 30 days after the Subscription end date, during which you may export it. After this period, data will be permanently deleted.

Annual Plan Cancellation. For annual plans, no prorated refund is provided for the unused portion of the annual term. Cancellation takes effect at the annual term's end.

Exceptions. A refund may be considered at ENA Innovation's sole discretion in cases of documented technical failure attributable solely to ENA Innovation that rendered the Services completely inaccessible for more than 72 consecutive hours.

Statutory Consumer Rights. Nothing in this section limits mandatory rights available to consumers under the laws of their country of residence, including rights under Turkish Law No. 6502 on Consumer Protection or applicable EU consumer protection directives.

10. Acceptable Use Policy

This section governs the use of all services operated by ENA Innovation, including the EnaSpace platform, EnaFeedback, EnaSmartway, EnaQuality, EnaTto, and any other associated products. All Tenants, administrators, End Users, and any third parties accessing the Services must comply with this Policy.

10.1 Permitted Uses

You may use the Services for:

  • Lawful business operations consistent with your subscription plan and product documentation.
  • Internal organizational workflows, surveys, feedback collection, quality management, and related legitimate business purposes.
  • Integrating the Services with your own authorized systems via officially documented APIs.
  • Storing and processing data for which you hold all necessary rights and permissions.
  • Testing and development activities in designated sandbox or staging environments (where provided).

10.2 Prohibited Uses

The following uses are strictly prohibited. Violation may result in immediate account suspension, termination, and legal action.

10.2.1 Phishing and Deceptive Practices. You must not use the Services to create surveys, forms, links, or messages that impersonate a legitimate organization, government entity, or financial institution to deceive recipients into revealing credentials or personal data; distribute misleading or fraudulent content; or create fake login pages or credential-harvesting forms.

10.2.2 Spam and Unsolicited Communications. You must not send bulk unsolicited commercial messages through the Services; use EnaFeedback or any other messaging feature to contact individuals without prior, explicit consent; or generate mailing lists or notification distributions in violation of applicable anti-spam laws (including Turkey's Electronic Commerce Law No. 6563 and the EU's ePrivacy Directive).

10.2.3 Scraping and Automated Extraction. You must not use bots, crawlers, or automated scripts to access or extract data from the Services beyond what is expressly permitted by official APIs; circumvent rate limiting or access controls; or harvest personally identifiable information about other users.

10.2.4 Reverse Engineering and Circumvention. You must not decompile, disassemble, or reverse-engineer any software component of the Services; attempt to derive source code, algorithms, or trade secrets; bypass any security feature, access control, or usage restriction; or probe system vulnerabilities without explicit written authorization.

10.2.5 Malicious Code and Cyberattacks. You must not upload, transmit, or distribute malware, ransomware, spyware, trojans, worms, viruses, exploit payloads, denial-of-service tools, or any content designed to damage, intercept, or gain unauthorized access to any system.

10.2.6 Infrastructure Abuse. You must not deliberately overload, stress-test, or degrade shared platform infrastructure; consume excessive compute, storage, or bandwidth resources that impair service quality for other Tenants; or use the Services as a proxy, relay, or anonymization layer for other traffic.

10.2.7 Unauthorized Access. You must not attempt to access another Tenant's data, account, or environment; exploit vulnerabilities to gain elevated privileges; or use credentials that are not your own.

10.2.8 Illegal and Harmful Content. You must not submit or distribute Content that violates applicable law (including data protection, copyright, defamation, or consumer protection laws); is obscene, hateful, discriminatory, or promotes violence; contains child sexual abuse material or exploits minors (zero tolerance — immediate termination and law enforcement referral); or facilitates illegal activities.

10.2.9 Regulatory Violations. You must not use the Services in a manner that violates sector-specific regulations applicable to your industry (e.g., healthcare data regulations) unless a specific written agreement explicitly covers such use.

10.3 Content Standards

Tenants are responsible for all Content submitted through their accounts. When using EnaFeedback or similar products for audience-facing data collection:

  • Surveys and forms must comply with applicable data protection law, including proper disclosure to respondents.
  • You must obtain all necessary consents before collecting personal data through forms or surveys.
  • Survey questions must not be discriminatory, manipulative, or designed to harvest sensitive data without a lawful basis.
  • Content distributed to third-party respondents is the Tenant's sole responsibility.

10.4 Enforcement

ENA Innovation reserves the right, but not the obligation, to investigate potential violations. Upon identifying or being notified of a violation, ENA Innovation may, at its sole discretion and without prior notice: issue a warning and request remediation; suspend access to specific features or the entire account; terminate the Subscription; report the violation to law enforcement authorities; or pursue legal remedies for damages.

Suspended accounts may be reinstated if the violation is remediated and future compliance is assured.

10.5 Reporting Violations

If you observe a violation of this Policy — including abuse originating from our platform — please report it to [email protected] with subject line "AUP Violation Report", including a description of the suspected violation, relevant URLs or identifiers, and any supporting evidence.

11. Intellectual Property

ENA Innovation's Rights. The Services, including all software, algorithms, interfaces, documentation, trademarks, and trade secrets, are owned by ENA Innovation or its licensors and are protected by applicable intellectual property laws. You are granted a limited license to use the Services as described in this Agreement; no ownership rights are transferred.

Your Content. You retain all rights to the Content you submit to the Services. By submitting Content, you grant ENA Innovation a worldwide, royalty-free, non-exclusive license to process, store, and display your Content solely for the purpose of providing the Services to you.

Feedback. If you provide suggestions, feature requests, or feedback about the Services, you grant ENA Innovation the right to use such feedback without restriction or compensation.

12. Liability and Disclaimers

"As-Is" Provision. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED SERVICE.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENA INNOVATION'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED EUROS (EUR 100).

Exclusion of Consequential Damages. IN NO EVENT SHALL ENA INNOVATION BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION.

Indemnification. You agree to indemnify, defend, and hold harmless ENA Innovation and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, costs, and expenses arising out of your violation of this Agreement or applicable law, your use of the Services, or the Content you submit.

13. Term and Termination

This Agreement takes effect when you first access the Services and continues until terminated.

Termination by You. You may terminate this Agreement by canceling your Subscription and ceasing use of the Services.

Termination by ENA Innovation. We may terminate or suspend your access immediately, without prior notice or liability, if:

  • You materially breach this Agreement and fail to cure the breach within 14 days of notice.
  • You engage in conduct that we reasonably believe poses a risk to the security of the platform or other users.
  • Continued service would expose ENA Innovation to legal risk.

Effect of Termination. Upon termination, your license to use the Services immediately terminates. Sections 6, 11, 12, 14, and this Section 13 survive termination.

14. Governing Law and Dispute Resolution

This Agreement is governed by and construed in accordance with the laws of the Republic of Türkiye, without regard to conflict of law principles.

Any dispute, controversy, or claim arising out of or relating to this Agreement shall first be subject to good-faith negotiation for a period of 30 days. If unresolved, disputes shall be submitted to the exclusive jurisdiction of the Courts and Enforcement Offices of Afyonkarahisar, Türkiye.

For users located in the European Union, nothing in this section limits your right to seek remedies before your local courts or consumer protection authorities.

15. Changes to These Terms

We may modify this Agreement at any time. When we make material changes, we will notify you by:

  • Posting the updated Agreement at www.enaspace.com/en/legal/terms with a new effective date.
  • Sending an email notification to the address registered to your account at least 14 days before changes take effect.

Your continued use of the Services after the effective date of any change constitutes your acceptance of the modified Agreement.

16. Force Majeure

Neither Party shall be in breach of this Agreement, nor liable for any delay in performing or failure to perform any of its obligations hereunder, if such delay or failure results from events, circumstances, or causes beyond its reasonable control, including but not limited to: acts of God, natural disaster, epidemic or pandemic, war, terrorism, civil unrest, government action, sanctions, or failures of third-party telecommunications or internet infrastructure ("Force Majeure Event").

If a Force Majeure Event occurs: (a) the affected Party shall promptly notify the other Party in writing; (b) the affected Party's obligations shall be suspended for the duration of the Force Majeure Event; and (c) if the Force Majeure Event continues for more than 30 consecutive calendar days, either Party may terminate this Agreement by written notice, and ENA Innovation will provide a pro-rata refund of any prepaid fees for the undelivered portion of the Subscription term.

This Section does not apply to any obligation to make payment.

17. General Provisions

Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be severed, and the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable, preserving the original intent of the Parties as closely as possible.

Waiver. No failure or delay by either Party to exercise any right or remedy under this Agreement shall constitute a waiver of that right or remedy. A waiver of any particular breach shall not be construed as a waiver of any subsequent or continuing breach.

Assignment. You may not assign or transfer this Agreement, or any of your rights or obligations hereunder, without our prior written consent. Any purported assignment without such consent shall be null and void. ENA Innovation may assign this Agreement — and all rights and obligations under it — to a successor entity in connection with a merger, acquisition, or sale of all or substantially all of its assets, without your consent, provided the successor assumes all obligations under this Agreement.

Entire Agreement. This Agreement, together with the Privacy Policy, Cookie Policy, and any Order Form or Data Processing Agreement applicable to your account, constitutes the entire agreement between you and ENA Innovation concerning the Services, and supersedes all prior and contemporaneous agreements, negotiations, representations, warranties, and understandings, whether written or oral.

Notices. Legal notices to ENA Innovation must be sent to [email protected] with the subject line "Legal Notice" and, where required by applicable law, by registered post to the registered address in Section 1. Notices from ENA Innovation to you will be delivered to the email address registered to your account. Notices are deemed received upon email delivery or, if sent by post, three business days after posting.

Language. This Agreement is published in both English and Turkish. For users located in Türkiye, the Turkish version shall prevail in the event of any inconsistency. For all other users, the English version shall prevail.

18. Contact

For questions, notices, or concerns regarding this Agreement:

ENA Innovation Sağlık ve Yazılım Teknolojileri San. Tic. A.Ş. Battalgazi Mah. Eskişehir Yolu Bulv., A.N.S. Kampüsü, Zafer Teknopark, Merkez/Afyonkarahisar, Türkiye