Terms of Service

These Terms of Service are the agreement between Senitix Teknoloji LTD. ŞTİ. and the business that signs up for or buys Senitix CRM or another Senitix service. They explain how accounts and subscriptions work, what the Service may be used for, how fees, renewal and refunds work, how we treat your data and Senitix AI, and how disputes are resolved.

Please read these parts with particular care: automatic renewal and the no-refund rule (Section 5), the absence of a standard uptime commitment (Section 6), the disclaimers, limits of liability and indemnities (Sections 14 to 16), and governing law and disputes, which are decided under the laws of Türkiye and, if you are established outside Türkiye, by binding arbitration in İstanbul rather than in court (Section 21).

1. About these Terms

1.1 Who we are

Senitix is provided by Senitix Teknoloji LTD. ŞTİ., a limited liability company organized under the laws of the Republic of Türkiye, with its registered office at Cevizli Mah. Zuhal Cad. A Blok No:46 İç Kapı No:50, Maltepe, İstanbul, Türkiye (MERSİS no. 0478-1132-3580-0001) (“Senitix,” “we,” “us” or “our”). We have no US subsidiary or branch: customers in the United States contract directly with Senitix Teknoloji LTD. ŞTİ.

1.2 Who “you” are

“Customer” or “you” means the company, organization or other business that creates a Senitix workspace or buys a subscription. If you accept these Terms on behalf of an organization, you confirm that you have authority to bind it, and “you” then means that organization. If you do not have that authority, or you do not agree to these Terms, do not use the Service.

1.3 Accepting these Terms

You accept these Terms by checking the box or clicking the button that refers to them when you create a workspace or subscribe, or by signing an Order Form that references them. If you have already accepted these Terms, your continued use of the Service confirms that acceptance. Electronic acceptance has the same effect as a handwritten signature. We keep a record of which version of these Terms was accepted, by which account and when. The current version is always published at this address, and earlier versions are available on request from legal@senitix.com.

1.4 Business use only

The Service is offered only to businesses, for business purposes. By accepting these Terms you confirm that you are acquiring the Service for use in a trade, business, profession or organization, and not for personal, family or household purposes. We do not offer the Service to consumers in the United States. Every individual who creates an account must be at least 18 years old.

1.5 The documents that make up the agreement

These Terms, any Order Form and our Data Processing Addendum (the “DPA”) together form the “Agreement.” Section 24.4 says which document prevails if they conflict. Our Privacy Policy explains how we handle the personal data for which we are the controller; it is a notice, not a term of the Agreement. These Terms are written for customers who sign up or buy in English. A customer who accepted the Turkish-language Kullanım Koşulları published on our Turkish site is governed by that document instead.

2. Definitions

Capitalized terms used in the Agreement have these meanings:

• “Service” means Senitix CRM and any other Senitix application we make available to you, including the web application at app.senitix.com and crm.senitix.com, our APIs and our support, but not Third-Party Services.
• “Workspace” means the separate environment in the Service that holds your Customer Data and settings.
• “User” means an individual you authorize to use the Service under your account, such as an employee, contractor or agent, each with their own login.
• “Seat” means the right of one named User to use a paid Plan.
• “Plan” means a subscription tier, with the features and limits shown on our pricing page or in an Order Form.
• “Subscription Period” means the monthly or yearly period for which a paid subscription is charged.
• “Order Form” means an ordering document signed by you and us that references these Terms, such as a quote for a purchase arranged with our sales team.
• “Customer Data” means the data and content that you or your Users submit to the Service, or that the Service collects from Third-Party Services at your direction (such as email messages and calendar events from a connected mailbox), including Input and Output.
• “Senitix AI” means the AI-assisted features of the Service. “Input” is what a User gives Senitix AI, including the records it is asked to work with, and “Output” is what Senitix AI returns.
• “Third-Party Service” means a product or service that we do not provide, such as Google Workspace, Microsoft 365, an email server or an app from another developer, that you choose to use with the Service.
• “Usage Data” means information about how the Service is accessed, used and performs, such as feature-usage, log, device and error data. It does not include the content of Customer Data.

3. Accounts, workspaces and users

3.1 Signing up

Give us accurate, current and complete information when you sign up, and keep it up to date. Each User must verify their email address. An account whose email address is not verified within 30 days of sign-up is deleted, together with the Workspace created with it, after reminder emails.

3.2 Owners and administrators

The User who creates a Workspace is its owner and can appoint administrators. We may treat instructions from the owner and administrators as your instructions, for example to add or remove Users, change the Plan, connect Third-Party Services, export data or close the Workspace. If there is a dispute about who controls a Workspace, we may ask the organization for evidence of authority and restrict changes until it is resolved.

3.3 Users and Seats

• Each Seat is for one named User, and logins may not be shared. You may reassign a Seat when a User permanently leaves, but not rotate one among several people.
• On a paid Plan, the number of Seats must cover every active User, and you cannot reduce Seats below the number of active Users.
• Your affiliates’ personnel may be Users under your account. You are responsible for your Users’ compliance with the Agreement and for all activity under your account.

3.4 Keeping accounts secure

• Keep passwords and other credentials confidential, and use strong passwords that are not used elsewhere.
• Multi-factor authentication is available, using an authenticator app or, where enabled, a code sent by text message. We strongly recommend it for every User and may require it for administrator accounts.
• If a User adds a phone number for verification, that User agrees to receive one-time verification codes by text message at that number. Message and data rates may apply. These messages are used only for verification and account security; we do not send marketing messages by text. A User can stop them by replying STOP, by removing the phone number in the application’s settings, or by writing to support@senitix.com, and can reply HELP for assistance. Removing the number turns off SMS verification for that User.
• Tell us at security@senitix.com without delay if you suspect unauthorized access to your account.

4. The Service

4.1 Your right to use the Service

Subject to the Agreement and payment of the applicable fees, we grant you a non-exclusive, non-transferable, non-sublicensable right, during your subscription, for your Users to access and use the Service for your internal business purposes, within the features and limits of your Plan.

4.2 Plans, features and limits

The features and limits of each Plan, such as the number of Users, records, pipelines and automations, Senitix AI requests and file storage, are shown on our pricing page or in your Order Form. The Service enforces them: at a limit, it may refuse new items of that type until you remove some or change Plan. File storage is pooled across the Workspace.

4.3 How the Service changes

We improve the Service continuously and may add, change or remove features. We will not materially reduce the core functionality of a paid Plan during a Subscription Period you have already paid for, unless the change is required by law, is needed to address a security risk, or results from a change a Third-Party Service makes (for example, to its API). If such a change materially reduces the functionality you paid for, you may terminate the affected subscription by notice within 30 days after the change and receive a refund under Section 5.8.

4.4 Coming-soon, beta and preview features

Features we describe as “coming soon” or “planned,” and beta or preview features, are not part of the Service until we make them generally available. We do not promise that they will be released or when, and your purchase is not contingent on any future feature. If we let you use a beta or preview feature, it is provided as is, may change or end at any time, and is excluded from any service-level commitment.

4.5 Where the Service is hosted

We host the Service’s production systems and Customer Data on Amazon Web Services in Frankfurt, Germany, with disaster-recovery copies in Ireland. We do not offer hosting in the United States. Some of our sub-processors handle limited data in other countries, including the United States, for example to deliver email and text messages. They are listed on our Sub-processors page and bound by the terms in the DPA.

4.6 APIs

Where your Plan includes API access, you may use our APIs to connect your systems to the Service, following the documentation and rate limits we provide. Keep API credentials confidential; you are responsible for all calls made with them. We may change or retire an API version, and we will give reasonable advance notice of a change that breaks existing integrations unless the change is needed for security or required by law.

5. Fees, renewal, cancellation and refunds

5.1 The no-cost plan

The Free plan costs nothing. It is limited to 2 Users and to the other limits shown on our pricing page, and it has no fixed end date. A Free plan Workspace that none of its Users has signed in to or used for 60 days is scheduled for closure: we send reminder emails first, and closure then follows the 30-day read-only period in Section 19.2, during which the owner can cancel it. We may change the plan’s features or limits, or stop offering it, by giving at least 30 days’ notice (Section 18.4). No service-level commitment applies to it, and our indemnity in Section 16.1 does not cover it.

5.2 Paid plans and trials

Paid Plans are priced per Seat and billed monthly or yearly, in advance. A yearly subscription is charged up front for the full twelve months. Some Plans require a minimum number of Seats, as shown on our pricing page. Enterprise can be bought online at checkout or arranged with our sales team, and may be documented in an Order Form.

The Growth and Professional Plans can be tried free for 14 days (Enterprise has no trial); no payment card is needed to start a trial, and nothing is charged during it. When a trial ends, the workspace stays on the Free plan with its data. The first Subscription Period is charged when you subscribe, that is, when you move to a paid Plan. The Free plan is another way to evaluate the Service before you buy. When you move from the Free plan to a paid Plan, the paid subscription and its first Subscription Period start at once.

5.3 Prices, currency and taxes

List prices are in US dollars and are shown on our pricing page or in your Order Form. How you pay depends on your billing address:

• Billing address outside Türkiye. You pay in US dollars. As an export of services from Türkiye, these sales currently carry no Turkish value-added tax, and we do not currently collect US sales tax or any other country’s value-added tax. Where we become required to register and collect a sales or use tax in your state, we will tell you and add it to later invoices.
• Billing address in Türkiye. The US-dollar price is converted into Turkish lira at the forex selling rate of the Central Bank of the Republic of Türkiye (TCMB) on the invoice date, and you pay in lira. List prices exclude Turkish value-added tax (KDV); KDV at the rate in force, currently 20%, is added on top of the price and shown separately on the invoice. Because the rate is set on each invoice date, the lira amount can change from one invoice to the next while the dollar price stays the same.

You are responsible for any sales, use, value-added, goods and services, withholding or similar taxes and duties that apply to your purchase under the laws of your jurisdiction, other than taxes on our net income, including self-assessing them where the law requires. If we become required to collect such a tax from you, we will tell you and add it to later invoices. If the law requires you to withhold tax from a payment to us, you will pay the withheld amount to the tax authority, send us the official receipt, and increase your payment so that we receive the amount we would have received without the withholding.

5.4 Payment

Card payments are processed by our payment service provider, iyzi Ödeme ve Elektronik Para Hizmetleri A.Ş. (“iyzico”). You authorize us and iyzico to charge your payment card for all fees when they are due, including each renewal, without further approval. Keep your payment details current. We do not store full card numbers. Where an Order Form provides for payment by invoice, invoices are due within the period the Order Form or the invoice states. We provide an invoice or receipt for every charge.

5.5 Automatic renewal and price changes

Paid subscriptions renew automatically. At the end of each Subscription Period, your subscription renews for another period of the same length, monthly or yearly, at the then-current price for your Plan and number of Seats, and we charge the renewal to your payment method on file, unless you cancel before the renewal date. You can cancel at any time in your Workspace’s billing settings, or by emailing support@senitix.com from the address of an owner or administrator. Subscriptions under an Order Form renew as the Order Form states.

We will give at least 30 days’ notice of a price increase for your Plan. The new price applies from your first renewal after the notice period ends, and you can avoid it by canceling before that renewal.

Our Billing, Renewal and Cancellation page states these terms in short, plain form, together with how to cancel and what happens afterward. This Section 5 is the contract text, and it governs if the two ever differ.

5.6 Upgrades, downgrades and Seat changes

Changes to a paid subscription take effect and are billed as follows:

Change	When it takes effect	What you are charged
Upgrade to a higher Plan	Immediately	The price difference for the rest of the current Subscription Period, prorated by day and charged at once
Add Seats	Immediately	The added Seats for the rest of the current Subscription Period, prorated by day and charged at once
Downgrade to a lower Plan	At the end of the current Subscription Period	Nothing is refunded; the lower price applies from the next period
Remove Seats	At the end of the current Subscription Period	Nothing is refunded; you cannot go below the number of active Users
Cancel	At the end of the current Subscription Period	Nothing is refunded; the Workspace then becomes read-only for 30 days for export (Section 19.2)

After a downgrade takes effect, features the new Plan does not include are no longer available, and usage above its limits may be restricted.

5.7 Cancellation

If you cancel, renewal stops and you keep full access until the end of the Subscription Period you have paid for. After that, the Workspace becomes read-only for 30 days so that you can export your data, as described in Section 19.2.

5.8 Refunds

Fees are non-refundable. Fees already paid for the current Subscription Period are not refunded if you cancel, downgrade, remove Seats or stop using the Service during that period, and the same rule applies to monthly and yearly subscriptions. The only exceptions are:

• where mandatory law requires a refund;
• a duplicate charge, or a charge made in error, which we refund in full;
• where you terminate under Section 4.3, Section 18.3 (our uncured material breach), Section 22.3 (a change required by law or for security) or Section 24.3 (force majeure), or where we terminate a subscription under Section 16.1 or discontinue the Service or your Plan under Section 18.4, in which case we refund the fees you prepaid for the remaining, unused part of the Subscription Period; and
• where you terminate under Section 8.4 of the Data Processing Agreement after objecting to a new or replacement sub-processor, in which case we refund the fees you prepaid for the remaining, unused part of the Subscription Period.

We make approved refunds to the original payment method, through iyzico for card payments, and aim to issue them within 10 business days after approval; your card issuer may take longer to show the credit. Please contact support@senitix.com before disputing a charge with your card issuer, so that we can look into it.

5.9 Failed payments

If a payment fails, we will retry it and notify the Workspace’s owner or billing contact. If the amount is still unpaid after a grace period, we may suspend the Workspace under Section 17 until it is paid, and if it remains unpaid we may terminate the subscription under Section 18.3. Suspension does not immediately delete Customer Data; Section 17 describes what happens if the non-payment is not resolved.

5.10 Add-ons

Add-ons, where offered (for example, additional Senitix AI capacity or file storage), require a paid Plan. They are billed and renewed with your subscription, follow the rules in this Section 5, and end when the subscription ends.

6. Service levels and support

6.1 No standard service-level commitment

We work to keep the Service available and performing well, using commercially reasonable efforts. Unless an Order Form signed by both parties includes a service-level agreement, we do not commit to any particular uptime percentage, response time or resolution time, and no service credits apply. A service-level agreement may be agreed only for Enterprise subscriptions, in an Order Form, and applies only as that Order Form states. Where an Order Form provides service credits, they are your sole and exclusive remedy for the availability failures they cover.

6.2 Maintenance and incidents

We carry out planned maintenance and, where practicable, give advance notice of maintenance that we expect to interrupt the Service noticeably. Urgent work, such as fixing a security vulnerability, may be done without notice. We publish information about incidents and maintenance on our status page at status.senitix.com.

6.3 Support

We provide support by email at support@senitix.com on weekdays, except public holidays in Türkiye, during business hours in İstanbul (UTC+3). We do not provide telephone support, 24/7 support or guaranteed response times unless an Order Form says so. Report security vulnerabilities to security@senitix.com.

7. Acceptable use

This Section is our acceptable use policy. It applies to you, your Users and anyone who uses the Service through your account, and you are responsible for their compliance with it. Sections 9.6 and 10 add rules for Senitix AI and Third-Party Services.

7.1 General rule

Use the Service only for lawful business purposes and in compliance with the laws that apply to you and to the people whose data you process, including privacy, data-protection, anti-spam, consumer-protection, export-control and sanctions laws.

7.2 Prohibited content and conduct

You may not use the Service to create, store, send or share:

• anything illegal, fraudulent or deceptive, including phishing, scams, pyramid schemes, money laundering or terrorist financing;
• content that infringes or misappropriates anyone’s intellectual property, privacy or publicity rights;
• content that is defamatory, harassing or threatening, or that promotes violence or unlawful discrimination against any person or group;
• sexual content involving minors, or any content that exploits or endangers children;
• viruses, malware or other harmful code, or links to them; or
• communications that impersonate any person or organization, or misrepresent your identity or affiliation.

7.3 Email and outreach

When you send email through a mailbox connected to the Service, you must:

• comply with the CAN-SPAM Act and with the anti-spam and electronic-marketing laws of each recipient’s country, including any consent requirement (for example, in the European Union, the United Kingdom or Türkiye);
• contact only people you have a lawful basis to contact, and honor opt-out requests promptly, and in any case within 10 business days where CAN-SPAM applies;
• use accurate sender information and subject lines, and include a valid postal address in commercial email;
• not send messages to purchased, rented or harvested address lists; and
• follow your email provider’s sending rules, such as Google’s and Microsoft’s requirements for senders.

7.4 Protecting the Service

You may not:

• probe, scan or test the vulnerability of the Service, or breach or bypass its security or authentication, without our prior written permission (report suspected vulnerabilities to security@senitix.com instead);
• access, or try to access, another customer’s Workspace or data, or any part of the Service you are not authorized to use;
• interfere with or disrupt the Service, including by denial-of-service attacks or by loading it in a way that degrades it for others;
• exceed or circumvent rate limits, Plan limits, Seat requirements or other technical restrictions, including by opening several Workspaces or accounts to avoid them;
• scrape or harvest data from the Service by automated means other than our APIs;
• copy, modify, translate, reverse engineer, decompile or disassemble the Service, except to the extent the law expressly permits it despite this restriction;
• resell, sublicense, rent or lease the Service, or use it to provide services to third parties, unless we agree in writing;
• access the Service to build or benchmark a competing product, or publish benchmark or performance results about it without our written consent; or
• remove our proprietary notices, or use our trademarks without our permission.

7.5 Sensitive and regulated data

The Service is not designed for certain regulated data. Unless we have agreed otherwise in writing, do not store in the Service:

• protected health information subject to HIPAA;
• consumer health data as defined by the Washington My Health My Data Act (RCW 19.373) or a comparable state law, including information from which a person’s health status could be inferred;
• full payment card numbers, card security codes, or bank account passwords or other credentials;
• Social Security numbers, passport numbers or similar government identifiers of individuals;
• personal information of children under 13; or
• special categories of personal data, such as health, genetic or biometric data, unless you have a lawful basis for it and it is necessary for your business use.

You are responsible for any such data stored in breach of this Section.

7.6 Enforcement and reporting

We may investigate suspected violations. If we reasonably believe that this Section has been violated, we may remove or disable the content involved, restrict features, suspend access under Section 17 or terminate under Section 18.3. We act proportionately and, where the law and the circumstances allow, tell you first and give you a chance to fix the problem. We do not routinely monitor Customer Data, but we may review it when necessary to investigate a report, protect the Service or comply with law, and we may report unlawful activity to the authorities. Report suspected violations to support@senitix.com. Copyright complaints follow Section 12.

8. Customer Data

8.1 Your data stays yours

As between you and us, you own Customer Data. You grant us a worldwide, non-exclusive, royalty-free license, for the term of the Agreement and the export and deletion periods after it, to host, copy, store, process, transmit and display Customer Data only as needed to provide, secure and support the Service, to prevent or fix technical or security problems, to follow your instructions, and to comply with law. We do not sell Customer Data, we do not use it to advertise, and we do not use it to train AI models.

8.2 Your responsibilities

You are responsible for Customer Data, its accuracy and how it was obtained. You confirm that you have provided every notice, and obtained every consent, authorization or other lawful basis, that the law requires for us to process Customer Data under the Agreement, including personal data about your contacts that you import and data you bring in from Third-Party Services.

8.3 Data Processing Addendum

Our Data Processing Addendum is incorporated into these Terms and applies whenever we process personal data in Customer Data on your behalf. You are the controller of that personal data (the “business,” under US state privacy laws), and we are your processor (your “service provider”). We process it only on your documented instructions and for the purposes set out in the DPA, and we do not sell or share it, retain, use or disclose it outside our direct business relationship with you, or combine it with other data, except as the DPA and applicable law permit.

8.4 Security

We maintain technical and organizational measures designed to protect Customer Data, described in Annex II of the DPA. They include encryption in transit (TLS 1.2 or higher) and at rest, role-based access controls, multi-factor authentication and audit logging. We will notify you of a personal data breach affecting Customer Data as the DPA requires. You are responsible for configuring the Service’s access settings, managing your Users and securing your own devices, networks and systems.

8.5 Usage Data

We may collect and use Usage Data to operate, secure, support and improve the Service, and we may compile aggregated, de-identified statistics from it. We will not disclose Usage Data in a form that identifies you, your Users or any other individual, except as needed to provide the Service, as required by law, or with your permission. Data we receive through Google or Microsoft APIs is used only as Section 10.3 and those providers’ policies allow.

8.6 Requests from authorities

If a government authority or court asks us for Customer Data, we will try to redirect the request to you. If we are legally required to disclose Customer Data, we will notify you before doing so, unless the law prohibits notice or there is an emergency, and we will disclose only what we are required to.

8.7 Our Privacy Policy

Our Privacy Policy explains how we handle the personal data for which we are the controller, such as Users’ account and sign-in information, billing contacts and visitors to our website.

9. Senitix AI

9.1 Availability

Senitix AI is available on paid Plans, subject to the daily request limits per User shown on our pricing page. Additional capacity may be offered as an add-on. We may limit or suspend Senitix AI where necessary to protect the Service or to comply with law.

9.2 A person makes the decision

Senitix AI drafts and rewrites text, summarizes records and email threads, prepares a daily digest, suggests next actions and answers questions in a chat. It works only with records the User who asks is already allowed to see, and it does not send a message or change a record until that User confirms the action. Output is produced by machine-learning models and may be inaccurate, incomplete or out of date. You and your Users must review Output before relying on it or sending it to anyone, and you are responsible for the decisions you make and the content you send with it. Output is not legal, tax, financial or other professional advice.

9.3 Ownership of Input and Output

As between you and us, Input and Output are Customer Data and belong to you, to the extent the law recognizes rights in them, and we assign to you any rights we may have in Output. Because of how AI models work, other customers may receive similar output, and you acquire no rights in their output.

9.4 No training on your data

We do not use Customer Data, Input or Output to train or improve AI models, and our AI infrastructure provider, Amazon Web Services, does not use them to train its models either. Senitix AI runs on Amazon Bedrock in AWS regions in the European Union, where Input is processed to produce Output. If a User uses a Senitix AI feature that searches the web, the search terms for that request are sent to our web search provider, Tavily, Inc., in the United States, which our Sub-processors page describes.

9.5 Human access and retention

Our personnel do not read Senitix AI conversations except when you ask us to for support, when necessary to investigate abuse or a security issue, or when the law requires it. Senitix AI conversations are deleted automatically 180 days after the last message in them.

9.6 Rules for using Senitix AI

In addition to Section 7, you and your Users may not:

• use Output as the sole basis for a decision that has legal or similarly significant effects on an individual, such as a decision about employment, credit, housing, insurance or access to essential services, without meaningful human review and any notice the law requires;
• try to bypass Senitix AI’s safeguards or extract its underlying instructions, or use it to generate content that is unlawful, harmful or deceptive or that infringes anyone’s rights;
• present Output as written by a person where the law requires disclosure that it was generated by AI, or use Output to impersonate anyone; or
• use Senitix AI or Output to develop or train a competing AI model or service.

10. Integrations and third-party services

10.1 Connecting a Third-Party Service

Depending on your Plan, the Service lets you connect Third-Party Services such as Gmail and Google Calendar, Microsoft Outlook mail and calendar, other mailboxes over IMAP and SMTP, and apps from other developers, and, where offered, lets Users sign in with a third-party account. When a User connects a Third-Party Service, the User authorizes us to access, retrieve, store and send data between it and the Service as the integration requires, for example to sync email and calendar events with your records and to send the email the User writes. A User can disconnect an integration in the Service at any time, and can also revoke our access in the provider’s account settings.

10.2 Third-party terms

Your use of a Third-Party Service is governed by your agreement with its provider, not by these Terms. We do not control Third-Party Services and are not responsible for their availability, security or accuracy, for their acts or omissions, or for data after it has been transferred to them at your direction. A provider may change or withdraw its API or impose new requirements; if that happens, we may have to change or stop an integration, and we will tell you when we reasonably can.

10.3 Google user data

Senitix’s use and transfer to any other app of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements. We use Gmail and Google Calendar data only to provide and improve the user-facing features of the integration a User has turned on. We do not use it for advertising or to train AI models, and our personnel do not read it except with the User’s consent, for security purposes, or where the law requires. The Google user data section of our Privacy Policy explains what we access and why.

10.4 Apps from other developers

Apps from other developers that you install through the Service are Third-Party Services. Installing one allows it to access the data and permissions displayed when you install it, and the developer’s own terms and privacy policy apply to it.

11. Intellectual property

11.1 Our property

We and our licensors own the Service, including its software, designs, text and graphics, and the Senitix name and logos, together with all intellectual property rights in them. Apart from the rights expressly granted in these Terms, the Agreement grants you no right, title or license to them. The restrictions in Section 7.4 apply.

11.2 Feedback

If you or your Users send us suggestions or other feedback about the Service, we may use it without restriction and without paying you. Feedback does not include Customer Data.

11.3 Publicity

We will not name you as a customer, or use your name or logo, in our marketing without your prior written consent.

12. Copyright complaints

12.1 Notices of claimed infringement

We respond to notices of alleged copyright infringement through the notice and counter-notice process below. If you believe that material stored or shared through the Service infringes your copyright, send us a written notice at the address in Section 12.2, marked “Copyright notice”, that includes:

1. a physical or electronic signature of the copyright owner or of a person authorized to act on the owner’s behalf;
2. identification of the copyrighted work claimed to be infringed or, if several works are covered by one notice, a representative list of them;
3. identification of the material claimed to be infringing and information reasonably sufficient for us to locate it, such as a URL;
4. your name, postal address, telephone number and email address;
5. a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6. a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

12.2 Where to send a notice

Send notices and counter-notices to: Copyright Agent, Senitix Teknoloji LTD. ŞTİ., Cevizli Mah. Zuhal Cad. A Blok No:46 İç Kapı No:50, Maltepe, İstanbul, Türkiye; email legal@senitix.com, with “Copyright notice” in the subject line.

When we remove or disable access to material in response to a valid notice, we will promptly tell the customer whose Workspace holds it. Send a notice only if you believe it in good faith: someone who knowingly and materially misrepresents that material is infringing, or that it was removed or disabled by mistake, can be liable for the damage that misrepresentation causes.

12.3 Counter-notices

If material was removed or disabled because of a notice and you believe that was the result of a mistake or misidentification, you may send us a counter-notice at the address in Section 12.2 that includes:

1. your physical or electronic signature;
2. identification of the material that was removed or disabled, and where it appeared before it was removed or disabled;
3. a statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification; and
4. your name, address and telephone number, and a statement that you consent to the jurisdiction of the US federal district court for the judicial district in which your address is located (or, if your address is outside the United States, any judicial district in which Senitix may be found) and that you will accept service of process from the person who sent the original notice or that person’s agent.

We will send the counter-notice to the person who sent the original notice. Unless that person tells us within 10 business days that they have filed a court action seeking to restrain the activity, we will restore the material, or access to it, between 10 and 14 business days after we receive the counter-notice.

12.4 Repeat infringers

We will, in appropriate circumstances, disable the access of Users and terminate the accounts of customers who are repeat infringers.

12.5 Other intellectual property complaints

Complaints under other laws, including trademark complaints and claims under Türkiye’s Law No. 5846 on Intellectual and Artistic Works, may be sent to legal@senitix.com with the same information.

13. Confidentiality

13.1 What is confidential

“Confidential Information” means non-public information that one party (the discloser) gives the other (the recipient) in connection with the Agreement, which is marked as confidential or which a reasonable person would understand to be confidential. Your Confidential Information includes Customer Data. Ours includes non-public parts of the Service, the terms of any Order Form and security information we share with you.

13.2 What is not confidential

Confidential Information does not include information that the recipient can show (a) is or becomes public through no fault of the recipient, (b) was known to it without a duty of confidentiality before it received it, (c) it received from a third party without a duty of confidentiality, or (d) it developed independently without using the discloser’s Confidential Information.

13.3 How each party protects it

The recipient will use Confidential Information only to perform its obligations and exercise its rights under the Agreement, will protect it with at least reasonable care, and will disclose it only to its employees, contractors, professional advisors and sub-processors who need to know it for those purposes and are bound by confidentiality obligations at least as protective as these. The recipient is responsible for their compliance.

13.4 Disclosures required by law

The recipient may disclose Confidential Information when the law or a court or government order requires it, if it gives the discloser prior notice where the law allows, and reasonable help, at the discloser’s cost, to seek protection for the information. For Customer Data, Section 8.6 also applies.

13.5 How long it lasts

These obligations last for the term of the Agreement and three years after it ends and, for trade secrets and Customer Data, for as long as they remain trade secrets or are held by the recipient.

14. Warranties and disclaimers

14.1 What each party promises

Each party represents that it has full power and authority to enter into and perform the Agreement, and that it will comply with the laws that apply to its performance of it.

14.2 Disclaimer

EXCEPT AS EXPRESSLY STATED IN THE AGREEMENT, THE SERVICE, SENITIX AI, OUTPUT, BETA AND PREVIEW FEATURES, AND INTEGRATIONS WITH THIRD-PARTY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, SENITIX DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SENITIX DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE, THAT OUTPUT WILL BE ACCURATE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS.

Where the law does not allow a warranty to be excluded, it is limited to the shortest period and the narrowest scope the law allows.

15. Limitation of liability

15.1 Excluded damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, ANTICIPATED SAVINGS, USE OR DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF IT WAS ADVISED THAT THEY WERE POSSIBLE. This does not exclude our responsibility, within the cap in Section 15.2, for the reasonable cost of restoring Customer Data lost because of our breach of the Agreement.

15.2 Liability cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE AGREEMENT WILL NOT EXCEED THE TOTAL FEES YOU PAID TO SENITIX UNDER THE AGREEMENT IN THE TWELVE (12) MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE LIABILITY, OR ONE HUNDRED US DOLLARS (US$100) IF YOU PAID NO FEES IN THAT PERIOD.

A separate and higher cap applies to three kinds of claim against us: our breach of Section 13 (Confidentiality); our breach of the Data Processing Agreement, including its security obligations; and loss of Customer Data caused by our breach of the Agreement. For those claims together, our total liability will not exceed the greater of two times the total fees you paid to Senitix under the Agreement in the twelve (12) months before the event that gave rise to the liability, and five thousand US dollars (US$5,000). The cap in the paragraph above does not apply to them.

15.3 Exceptions

Sections 15.1 and 15.2 do not limit:

• your obligation to pay fees;
• your liability for breach of Section 7 (Acceptable use) or Section 9.6, or your obligations under Section 16.2, or our obligations under Section 16.1;
• either party’s liability for fraud or fraudulent misrepresentation, gross negligence or willful misconduct, or for death or personal injury caused by its negligence; or
• any other liability that cannot be limited or excluded under applicable law.

15.4 Allocation of risk

The fees reflect the allocation of risk in this Section 15, which is an essential part of the bargain between the parties. These limits apply even if a limited remedy fails of its essential purpose.

16. Indemnification

16.1 Our indemnity

We will defend you against any claim brought by a third party alleging that your use of the Service in accordance with the Agreement infringes or misappropriates that third party’s intellectual property rights, and we will pay the damages, costs and reasonable attorneys’ fees finally awarded against you on that claim, or agreed by us in a settlement. This Section 16.1 does not apply to the Free plan, or to claims arising from Customer Data, Output, Third-Party Services, beta or preview features, a combination of the Service with anything we did not provide, a modification not made by us, or use in breach of the Agreement.

If the Service becomes, or in our opinion is likely to become, the subject of such a claim, we may obtain the right for you to continue using it, modify it so that it no longer infringes without materially reducing its functionality, or, if neither is commercially reasonable, terminate the affected subscription and refund the fees you prepaid for its unused part. This Section 16.1 states our entire liability, and your exclusive remedy, for third-party claims of infringement.

16.2 Your indemnity

You will defend Senitix, its affiliates, and their officers, directors and employees against any claim brought by a third party arising from (a) Customer Data, including a claim that it infringes the third party’s rights or that it was processed without a notice, consent or lawful basis that you were responsible for, or (b) the use of the Service by you or your Users in breach of Section 7, Section 9.6 or the law, including email and other communications sent through the Service. You will pay the damages, costs and reasonable attorneys’ fees finally awarded against us on that claim, or agreed by you in a settlement.

16.3 Procedure

The party seeking a defense must (a) notify the other party of the claim promptly in writing, although a delay relieves the other party of its obligations only to the extent the delay prejudices it; (b) give the other party sole control of the defense and settlement, except that the other party may not settle a claim in a way that admits fault by, or imposes an obligation other than payment on, the defended party without its consent, which may not be unreasonably withheld; and (c) cooperate reasonably, at the other party’s expense. The defended party may take part with counsel of its own choosing, at its own cost.

17. Suspension

We may suspend all or part of your or any User’s access to the Service if:

• an amount you owe remains unpaid after the grace period described in Section 5.9;
• we reasonably believe that you or a User is violating Section 7 or Section 9.6, or that your use of the Service poses a security risk to it or to others, could expose us or other customers to liability, or could harm other customers;
• the suspension is required by law, by a court or government order, or to comply with sanctions laws (Section 20); or
• we reasonably suspect that an account has been compromised.

We will limit any suspension to what is reasonably necessary in scope and duration, give you notice beforehand where practicable (and otherwise as soon as we can), and restore access promptly once the cause is resolved. When a Workspace is suspended, its administrators can still view and export Customer Data for 30 days. If the cause is resolved within that time, we restore full access and the suspension has no further effect. If it is not resolved, the Workspace is closed and its Customer Data is deleted as Section 19.2 describes, and we may also terminate the Agreement under Section 18.3. Before that 30-day period ends, suspension alone does not delete Customer Data, and a suspension for non-payment does not relieve you of fees due.

18. Term and termination

18.1 Term

The Agreement starts when you first accept these Terms and continues until every subscription under it has ended and your Workspace has been closed. Each paid subscription lasts for its Subscription Period and renews as described in Section 5.5.

18.2 Ending the Agreement yourself

You can cancel a paid subscription at any time under Section 5.7. Once any paid subscription has been canceled, the Workspace owner can close the Workspace in its settings, or ask us to close it by emailing support@senitix.com from the owner’s address. Closure follows Section 19.2.

18.3 Termination for cause

Either party may terminate the Agreement, or an affected subscription, by written notice if the other party (a) materially breaches the Agreement and does not cure the breach within 30 days after receiving notice describing it, or (b) becomes insolvent, makes a general assignment for the benefit of creditors, has a receiver, trustee or similar officer appointed, or becomes subject to bankruptcy, a composition with creditors (konkordato) or similar proceedings that are not dismissed within 60 days. We may also terminate immediately by notice for a serious or repeated violation of Section 7 or Section 9.6, for repeat infringement under Section 12.4, or where the law or sanctions (Section 20) require it.

18.4 Ending the no-cost plan or discontinuing the Service

We may end your use of the Free plan, or stop offering that plan, by giving at least 30 days’ notice; inactive Free plan Workspaces are closed as Section 5.1 describes. We may discontinue the Service or a paid Plan by giving at least 90 days’ notice, in which case we refund the fees you prepaid for the unused part of the Subscription Period.

18.5 What happens on termination

When the Agreement or a subscription ends, your right to use the affected Service ends, apart from the export period in Section 19.2; fees that accrued before the end remain payable; and each party will return or delete the other’s Confidential Information on request, subject to Section 19 and to legal retention obligations. Provisions that by their nature should survive termination survive it, including Sections 5 (for amounts owed), 8.1, 9.3, 11, 13, 14.2, 15, 16, 19, 20, 21 and 24.

18.6 Customers in the European Union: switching providers

If you are established in the European Union and the EU Data Act (Regulation (EU) 2023/2854) applies to your subscription, you may ask to switch to another provider, or to your own systems, by giving us notice, and the notice period will not exceed two months. After the notice period, we will provide a transition period of up to 30 days, longer if technical reasons require it and we tell you so, during which the Service keeps running and you can export your data; your data remains retrievable for at least 30 days. We do not charge for switching or for exporting data. Where the Data Act gives you further rights, they prevail over any conflicting term of the Agreement.

19. Data export and deletion

19.1 Exporting your data

On every Plan, you can export records at any time as CSV or Excel files, and you can schedule a full export of the Workspace. Export files are available to download for a limited time (up to 30 days, and 7 days for full-Workspace archives), so download them promptly.

19.2 After cancellation, closure or termination

When a cancellation takes effect, when the owner closes the Workspace, when a suspension under Section 17 is not resolved within its 30-day period, or when the Agreement ends for any other reason, the Workspace becomes read-only for 30 days so that you can export Customer Data (for a Workspace that was suspended, this is the same 30-day period described in Section 17, not an additional one). During that period the owner can reactivate a subscription or cancel the closure, and full access returns. At the end of that period we close the Workspace and permanently delete its Customer Data from the Service’s active systems promptly; copies in backups age out on the backup schedule, as our Data Retention Policy describes. This export period does not apply where the law prohibits it.

19.3 Deleted records, trash and backups

Most records you delete stay in the recycle bin for 90 days and are then permanently deleted; your administrators can change that period to anything from 30 days to 7 years. Deleted quotes, contracts, orders and invoices stay in the recycle bin for 10 years, and deleted files stay in the trash for 90 days. Closing the Workspace deletes all of them. For disaster recovery, we keep daily backups for 35 days and monthly backups for 365 days, after which they are overwritten, so deleted data can remain in backups until they expire, protected by the same security measures.

19.4 Information we keep longer

We keep some records after a Workspace is closed where the law or our legitimate business needs require it: our own subscription, invoice and payment records for 10 years, and platform audit and security logs for 7 years. If personal data in those records must be erased sooner, we anonymize it and keep the financial entries. The Data Retention Policy lists every retention period.

19.5 Deletion on request

When you instruct us to erase Customer Data, for example to respond to an individual’s erasure request, we complete the deletion from the Service’s active systems within 30 days. Backup copies expire as described in Section 19.3.

20. Sanctions and export controls

You represent that neither you nor any of your Users is (a) located in, organized under the laws of, or ordinarily resident in a country or region subject to comprehensive sanctions of the United States, the European Union, the United Kingdom, the United Nations or Türkiye, or (b) named on, or owned or controlled by a person named on, a sanctions or restricted-party list, including the Specially Designated Nationals and Blocked Persons List of the US Treasury Department’s Office of Foreign Assets Control (OFAC), the US Commerce Department’s Entity List, the EU’s consolidated financial sanctions list and the UK sanctions list. You will tell us promptly if this changes.

You will not use, export, re-export or transfer the Service or Output in violation of the export-control or sanctions laws of the United States (including the Export Administration Regulations and the regulations OFAC administers), the European Union, the United Kingdom, the United Nations or Türkiye, or for a prohibited end use, such as the development or production of chemical, biological or nuclear weapons or missiles.

We screen account details against sanctions lists at sign-up and sign-in, and we may refuse, suspend or terminate any account, without liability, where we reasonably believe that doing so is necessary to comply with these laws.

21. Governing law and disputes

21.1 Governing law

The Agreement, and any dispute arising out of or relating to it, including non-contractual disputes, is governed by the laws of the Republic of Türkiye, without regard to their conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

21.2 Try to resolve it first

Before starting proceedings, the party raising a dispute will notify the other in writing (to us, at legal@senitix.com), and the parties will try in good faith to resolve it within 30 days.

21.3 Mediation

Where Turkish law makes mediation a precondition to a lawsuit, as it does for monetary claims in commercial disputes under Article 5/A of the Turkish Commercial Code No. 6102, the parties will first apply to mediation under the Law on Mediation in Civil Disputes No. 6325.

21.4 Courts

The courts and enforcement offices of İstanbul (Central – Çağlayan), Türkiye have exclusive jurisdiction over any dispute arising out of or relating to the Agreement, and each party submits to their jurisdiction. This Section 21.4 applies only where Section 21.5 does not. Disputes under the Standard Contractual Clauses incorporated by the Data Processing Agreement are governed and resolved as Section 11 of that Agreement provides, and nothing in this Section 21 limits a data subject’s rights under those Clauses.

21.5 Arbitration for customers outside Türkiye

If you are established outside Türkiye, any dispute arising out of or relating to the Agreement that is not resolved under Section 21.2 will be finally resolved by arbitration administered by the Istanbul Arbitration Centre (ISTAC) under its Arbitration Rules, before a sole arbitrator appointed under those Rules. The seat of arbitration is İstanbul, Türkiye, and the language of the arbitration is English. The award is final and binding, and judgment on it may be entered in any court with jurisdiction; Türkiye and the United States are both parties to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

To the extent permitted by law, each party will bring claims in an arbitration under this Section 21.5 only in its individual capacity, and not as a plaintiff or class member in any purported class, collective or representative proceeding. The arbitrator may not consolidate the claims of more than one party or preside over any form of class or representative proceeding.

21.6 Urgent relief

Either party may ask any court of competent jurisdiction for an injunction or other interim relief to protect its intellectual property rights or Confidential Information, or to prevent irreparable harm, without first following Sections 21.2 and 21.3.

21.7 Jury waiver

To the extent a claim proceeds in a court that allows jury trials, and to the extent permitted by the law of that court, each party waives its right to a jury trial.

21.8 Consumers

The Service is not offered to consumers (Section 1.4). If mandatory law nonetheless treats you as a consumer, nothing in this Section 21 takes away the rights that law gives you. In Türkiye, consumer disputes are heard by the consumer arbitration committees (tüketici hakem heyetleri) or consumer courts (tüketici mahkemeleri) with jurisdiction.

22. Changes to these Terms

22.1 How we tell you

We may update these Terms, for example to reflect changes to the Service, our business or the law. We will publish the updated Terms at this address with a new “last updated” date. If a change is material, we will also notify the Workspace owner and administrators by email or in the Service at least 30 days before it takes effect.

22.2 When a change applies to you

A change that materially and adversely affects your rights applies to a paid subscription only from the start of your first Subscription Period that begins after the notice period, unless you accept it sooner. If you do not agree to it, you can cancel before that renewal, and the change will never apply to you. Changes that are not adverse, such as terms for new features, and changes affecting the Free plan apply from the date stated in the notice; if you do not agree to a change affecting the Free plan, you may stop using the Service and close your Workspace.

22.3 Changes required by law or for security

A change required by law, by regulation or by a court or government order, or needed to address a security risk, may take effect sooner than 30 days after notice. If such a change materially and adversely affects you during a Subscription Period, you may terminate the affected subscription by notice within 30 days after we notify you, and we will refund the fees you prepaid for the unused part of that period.

22.4 Other amendments

No other amendment or waiver of the Agreement is valid unless it is in writing and signed by both parties; an Order Form counts. A change to these Terms does not apply to a dispute that arose before the change took effect.

23. Notices

Notices to you. We send notices under the Agreement by email to the Workspace owner, administrators or billing contact, or by a message in the Service. An email notice is effective when sent, unless we receive a delivery failure. Keep those addresses current. You agree to receive notices, invoices and other communications from us electronically, and that they satisfy any legal requirement that they be in writing.

Notices to us. Send legal notices, including notices of breach, termination and disputes, to legal@senitix.com. You may also send a copy by courier to Senitix Teknoloji LTD. ŞTİ., Attn: Legal, Cevizli Mah. Zuhal Cad. A Blok No:46 İç Kapı No:50, Maltepe, İstanbul, Türkiye. Notices to us are effective when received. Service of legal process must be made at our registered office. Routine requests, such as support, billing questions and cancellations, go to support@senitix.com.

24. General terms

24.1 Assignment

Neither party may assign or transfer the Agreement without the other’s prior written consent, which will not be unreasonably withheld, except that either party may assign it by notice to an affiliate, or to a successor in a merger, acquisition, corporate reorganization or sale of all or substantially all of its assets or of the business to which the Agreement relates, as long as the successor is not a direct competitor of the other party. Any other attempted assignment is void. An “affiliate” is an entity that controls, is controlled by or is under common control with a party.

24.2 Subcontractors

We may use subcontractors and sub-processors to provide the Service, as the DPA describes, and we remain responsible for their performance of our obligations.

24.3 Force majeure

Neither party is liable for a delay or failure to perform, other than a payment obligation, caused by events beyond its reasonable control, such as natural disasters, earthquakes, fire, flood, epidemics, war, terrorism, civil unrest, government action, failures of utilities, telecommunications networks or the internet, or cyberattacks that could not reasonably have been prevented. The affected party will notify the other and make reasonable efforts to resume performance. If such an event prevents us from providing the Service for more than 30 consecutive days, either party may terminate the affected subscription by notice, and Section 5.8 applies.

24.4 Entire agreement and order of precedence

The Agreement is the entire agreement between the parties about its subject matter and supersedes all prior proposals, negotiations and agreements about it. Terms in a purchase order or other document you provide do not apply, even if we accept or sign it. If documents conflict, they prevail in this order: (1) an Order Form, for the specific terms it expressly changes; (2) the DPA, for the processing of personal data; (3) these Terms; and (4) any other document these Terms incorporate by reference.

24.5 Severability and waiver

If any provision of the Agreement is held invalid or unenforceable, it will be enforced to the maximum extent permitted, and the rest of the Agreement remains in effect. A failure or delay in enforcing a provision is not a waiver of it.

24.6 Independent parties

The parties are independent contractors. The Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship, and it has no third-party beneficiaries.

24.7 Language

These Terms are written in English, and the English text governs. A translation of these Terms, if we provide one, is for convenience only.

24.8 US Government users

If you are a US Government agency or instrumentality, the Service is “commercial computer software” and “commercial computer software documentation,” and your rights in it are only those granted to all customers by these Terms, consistent with FAR 12.212 and DFARS 227.7202.

24.9 Interpretation

Headings are for convenience only. “Including” means “including without limitation.” References to Sections are to Sections of these Terms.

25. Contact us

• Company: Senitix Teknoloji LTD. ŞTİ., Cevizli Mah. Zuhal Cad. A Blok No:46 İç Kapı No:50, Maltepe, İstanbul, Türkiye; MERSİS no. 0478-1132-3580-0001
• Contracts and legal notices, including copyright complaints: legal@senitix.com
• Support, billing and cancellations: support@senitix.com
• Security vulnerabilities and suspected account compromise: security@senitix.com
• Privacy and data-protection requests: privacy@senitix.com
• General questions: info@senitix.com, or our contact page