Terms of Use

1. Parties and subject matter

These Terms of Use (the Agreement) set out the conditions for using the software services provided at mesaifix.com and its subdomains, between Henartech Yazılım Ltd. Şti. (Mesaifix or we), a company established in the Republic of Türkiye whose details are below, and the individual or legal-entity business that creates an account on the Mesaifix platform (the Customer or you).

Legal name

Henartech Yazılım Ltd. Şti.

MERSIS no. (central registration number)

0461123092500001

Address

Yenişehir Mah. Çevlik Sk. Kurudere Apt. No: 2 İç Kapı No: 9, Merkez/Bingöl, Türkiye

Registered e-mail (KEP)

henartechyazilim@hs01.kep.tr

E-mail

info@henartech.com

Website

mesaifix.com

The Data Processing Agreement and the Subscription, Payment & Refund Terms form an integral part of this Agreement. The Privacy Policy and Cookie Policy are for information: they explain how personal data is processed and do not require your consent.

If this Agreement and its annexes conflict, the Data Processing Agreement prevails on the processing of personal data, the Subscription, Payment & Refund Terms prevail on fees and refunds, and this Agreement prevails on everything else.

2. Definitions

• Platform: the website, management panel, website assistant, WhatsApp assistant, booking pages, channel connections and all related software provided at mesaifix.com.
• Services: the Customer Assistant, Booking and other products added over time, provided through the Platform.
• Account: the user account the Customer creates to access the Platform, and the business profile attached to it.
• Authorised User: a person who accesses the Account on the Customer's behalf.
• End User: a person who interacts with the Services through the Customer's website, WhatsApp line, booking page or other channels — in short, the Customer's customer.
• Customer Content: any data the Customer or End Users upload, write or send through channels to the Platform, including business information, product and service lists, policies, campaigns, conversations, bookings and files.
• Output: answers, texts and suggestions the AI features generate from Customer Content.
• Credit: the unit by which use of the Services is measured. The rules are in the Subscription, Payment & Refund Terms.
• Channel: a third-party service the Customer connects to the Platform, such as the WhatsApp Business Platform, Google Business Profile or Instagram.
• Data Protection Law: the data protection laws that apply to the processing in question, including, where applicable, the EU General Data Protection Regulation 2016/679 (GDPR), the UK GDPR and Turkish Law No. 6698 on the Protection of Personal Data.

3. Account and formation of the agreement

The Agreement is formed electronically when you tick the box on the sign-up form and create your account. The version you accepted and the date are recorded on your account. The current text of the Agreement is always available on this page.

The Platform is intended only for businesses acting in the course of their trade or profession. The person creating the account declares that they are at least 18 years old and authorised to accept this Agreement on behalf of the business they represent.

You are responsible for keeping the information you give at sign-up and afterwards accurate and up to date. You must keep your login details confidential, supervise what Authorised Users do, and tell us immediately if you learn of unauthorised access. Actions taken through your account are deemed yours.

Opening a new account for the same business to renew the trial is not allowed.

4. Scope of the Services

The current scope and features of the Services and the differences between plans are described on the website and in the panel. Products marked Coming soon in the panel are not considered offered, and we make no commitment about them.

We may add, change or remove features to improve the Services. We will give at least 30 days' notice of a change that materially restricts a feature you pay for; you may then cancel and ask for a pro-rata refund of the unused period.

We take reasonable care to keep the Services available and working correctly. Unless we give a separate written service-level commitment, we do not guarantee a specific availability rate. We announce planned maintenance in advance where possible and schedule it outside busy hours. Your right to a refund for long outages caused by us is reserved.

5. AI features

The Customer Assistant, the booking assistant, product import from files and similar features run on third-party AI models. These models produce probabilistic results, so Output may contain inaccurate, incomplete or outdated information.

The assistants answer using the information you provide (business information, products and services, FAQ, policies, campaigns, opening hours and booking settings). You are responsible for that information being accurate, current and lawful, and for reviewing at reasonable intervals what the assistant says on your behalf.

The assistant answers End Users on behalf of your business. The relationship arising from information given to End Users, bookings taken and commitments made is between you and the End User.

You must not mislead End Users about the fact that they are talking to an AI assistant or present the assistant as a real person. The website assistant shows this to the End User itself; on other channels it is your responsibility to inform them, including under any transparency obligations for AI systems that apply to you (such as Art. 50 of the EU AI Act).

The assistants are not designed to give professional advice in fields such as health, law or finance. If you operate in such a field, use the assistant only for general information, appointments and directions.

We do not use Customer Content to train our own or third parties' models. Our agreements with our model providers also do not allow submitted data to be used to train their models. The only exception is data-sharing use that your business has separately agreed to in writing: your conversations may then be shared with the model provider to improve its models, and securing the necessary legal basis with regard to End Users is your responsibility. Details are in the Privacy Policy.

To the extent permitted by law we claim no rights in Output; you may use Output freely in your business. Similar Output may be generated for other users.

6. Third-party channels

Channels such as the WhatsApp Business Platform (Meta), Google Business Profile and Instagram are third-party services subject to their own terms and policies. When you connect a Channel you declare that you accept and will comply with its terms (for example the WhatsApp Business Messaging Policy and WhatsApp Business Solution Terms).

In particular, it is your responsibility to obtain the permissions needed to message End Users on WhatsApp, to follow Meta's template and 24-hour rules, and — if you send marketing messages — to meet the rules on direct marketing and electronic communications that apply where you and your End Users are.

Channel access credentials are used only to provide the service and are stored securely. You can remove a Channel connection from the panel at any time, and also revoke the permission in that platform's own settings.

We are not responsible for changes Channel providers make to their services, for their outages, for restrictions they place on your account or for their ending access. In that case we will try to adapt the feature to the new conditions within a reasonable time.

7. Personal data and the Customer's obligations

For End Users' personal data (such as conversation contents, phone numbers and booking details), the Customer is the controller and Mesaifix is the processor within the meaning of Data Protection Law. This relationship is governed by the Data Processing Agreement annexed to this Agreement.

It is your obligation to inform End Users, ensure there is a legal basis for processing, obtain consent where it is required and answer End Users' requests. The booking page and website assistant show the End User a short default notice; that notice does not replace your own duty to inform.

In the questions you add to the booking flow and the information you give the assistant, you must not ask for personal data the job does not need — in particular special categories of personal data such as health, religion or ethnic origin. If you need to collect such data, meeting the conditions Data Protection Law sets for it (for example Art. 9 GDPR) is your responsibility.

For the personal data of the account holder and Authorised Users, Mesaifix is the controller. That data is processed as explained in the Privacy Policy.

8. Prohibited uses

You may not use the Platform to:

• promote or sell products and services that breach applicable law or Channel providers' policies (such as weapons, drugs, illegal gambling, prescription medicines or counterfeit goods),
• send bulk, unsolicited or misleading messages without End Users' permission,
• impersonate another person, business or institution, or make misleading price, campaign or health claims,
• produce or spread insulting, hateful, harassing or obscene content or content relating to the abuse of children,
• infringe third parties' intellectual property, personality or privacy rights,
• test, bypass or disrupt the Platform's security, attempt unauthorised access, reverse engineer, scrape data automatically or generate excessive load,
• use the AI features to circumvent the models' safety measures, create malware, or make automated decisions with legal or similarly significant effects on people,
• resell, rent or offer the Services as a service to third parties without our written permission.

Breaching these rules may lead to suspension of the Services or termination of the Agreement under Suspension and termination.

9. Fees and payment

The trial, plans, Credits, payment, invoicing, plan changes, cancellation and refunds are governed by the Subscription, Payment & Refund Terms.

Fees are charged in the currency shown on the Subscription page in the panel and, unless expressly stated otherwise, exclude value added tax and similar taxes. Where you are liable to account for such tax yourself (for example under a reverse-charge rule), you do so.

If an overdue fee is not paid within 7 days of our notice, we may suspend the related paid features. Your data is not deleted during suspension.

10. Intellectual property

All rights in the Platform's software, design, the Mesaifix name and logo and all of its content belong to us or our licensors. For the term of the Agreement we grant you a non-exclusive, non-transferable, non-sublicensable right to use the Services for your business's activities.

The rights in Customer Content belong to you. You grant us permission to use it only as far as necessary to provide and secure the Services and to meet our legal obligations, limited to the term of the Agreement. You declare that you hold the necessary rights in the logos, images, files and texts you upload.

We will not use your business's name or logo as a reference without your written permission.

We may use suggestions and feedback you send us to improve the Services without any obligation to you.

To improve the Services and produce statistics, we may use aggregated usage data anonymised so that no person or business can be identified.

11. Confidentiality and security

We take appropriate technical and organisational measures to protect personal data, as Data Protection Law requires (including Art. 32 GDPR). These measures are listed in the Data Processing Agreement.

Each party keeps confidential, also after the Agreement ends, any information learned under the Agreement that is clearly confidential. Mandatory disclosures to authorities empowered by law are excluded from this obligation.

12. Limitation of liability

Apart from the commitments expressly given in this Agreement, the Services are provided “as is”. We do not guarantee that the Services are fit for a particular purpose or will work without interruption or error.

Neither party is liable for the other's indirect damages, such as loss of profit or turnover, loss of customers or loss of use of data.

Mesaifix's total liability under this Agreement is limited to the fees the Customer actually paid Mesaifix in the 12 months before the event giving rise to the damage.

The limits above do not cover liability for intent or gross negligence, for death or bodily injury, or any other liability that cannot be limited by law (including Art. 115 of the Turkish Code of Obligations No. 6098).

We are not liable for damage arising from: your use of Output without reviewing it; incorrect or incomplete information you entered in the panel; outages or changes in Channel providers' services; unauthorised use of your account through your fault; force majeure.

13. Indemnity

You will cover the damage Mesaifix suffers from claims brought against it, and administrative fines imposed on it, because Customer Content is unlawful, because you failed to meet your controller obligations towards End Users, or because of a breach of Channel policies or of Prohibited uses. This obligation is limited to a final court or administrative decision, or a settlement made with your written approval. When we learn of such a claim we will tell you immediately and allow you to defend it.

14. Suspension and termination

The Agreement is for an indefinite term and remains in force while your account is open.

You can cancel your subscription at any time from the panel or by writing to info@henartech.com; cancellation takes effect at the end of the current billing period. You can delete your account entirely from the Settings page in the panel.

We may suspend the related Services, notifying you, in case of unpaid fees, a breach of Prohibited uses, situations threatening the security of the Platform, End Users or third parties, or requests from competent authorities. We give you a reasonable time to remedy a breach, but where there is a serious harm or legal risk we may suspend without prior notice.

If a breach is not remedied within 15 days of our notice, or is serious, we may terminate the Agreement for just cause. We may also terminate without cause on 30 days' notice; in that case we refund the prepaid fee for the unused period.

Your data when the agreement ends

However the Agreement ends, for 30 days after it ends you can request a copy of Customer Content by writing to info@henartech.com. After that period Customer Content is deleted or anonymised; copies in backups are deleted within the backup cycle, at the latest within 90 days. Records we are legally required to keep (such as invoices and accounting records) are kept only for that purpose and for the statutory period.

When you delete your account yourself from the panel, your business's data is deleted without waiting, and this cannot be undone. We recommend taking a copy of any data you need before deleting.

15. Force majeure

Neither party is liable for failing to perform because of events beyond its reasonable control, such as natural disasters, epidemics, war, terrorism, strikes, cyber-attacks, widespread outages of energy or communications infrastructure, outages of infrastructure and Channel providers, or decisions of public authorities. If force majeure lasts more than 30 days, either party may terminate the Agreement.

16. Changes to the Agreement

We may update this Agreement because of changes in law, new features or changes to our business model. We will notify changes that materially affect your rights by e-mail and in the panel at least 30 days before they take effect. Changes required by law may take effect sooner.

If you do not accept a change, you may cancel your subscription before it takes effect and ask for a pro-rata refund of the unused period. Continuing to use the Services after the effective date means you accept the change.

Non-material corrections (spelling, clearer wording, updated contact details) may be published without notice. The current version and its date are shown at the top of this page.

17. Notices

Notices to you are sent to the e-mail address registered on your account or through the panel, and are deemed received when sent. Keeping your e-mail address current is your responsibility.

For notices to us you can use info@henartech.com or our address above.

18. Governing law and jurisdiction

This Agreement is governed by the laws of the Republic of Türkiye. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The courts and enforcement offices of Bingöl (Merkez) have exclusive jurisdiction over disputes arising from this Agreement. Mandatory provisions of the law of the country where the Customer is established remain unaffected.

Mesaifix's server and database records, e-mail correspondence and other electronic records may be used as evidence in disputes between the parties; the right to submit counter-evidence is reserved.

19. Final provisions

Mesaifix may transfer its rights and obligations under the Agreement in a merger, acquisition or transfer of business, provided it does not reduce your rights and notifies you. The Customer may not transfer the Agreement without Mesaifix's written consent.

If a provision of the Agreement is held invalid, the others remain valid. Not exercising a right does not mean waiving it.

This Agreement and its annexes form the entire agreement between the parties. The Agreement is made in English; if we provide a translation for convenience, the English text prevails.