Terms of Service
This document is an offer from Individual Entrepreneur Lev Aminov, TIN: 71062923, Republic of Armenia, (hereinafter referred to as the "Contractor") to Customers (p. 1.1) to conclude an Agreement (hereinafter referred to as the "Agreement") under the conditions specified below. The text of the Agreement is published on the official website on the Internet at tuna.am/en/tos/. In case of acceptance of the offer, the agreement is considered concluded under the conditions specified in the offer.
1. Terms and Definitions
1.1. Customer – an individual or legal entity that has concluded an Agreement with the Contractor as a result of accepting the offer.
1.2. Contractor – Individual Entrepreneur Lev Aminov - the owner of the "Tuna" software and related brands, providing the Customer with the service.
1.3. Agreement – an agreement between the Customer and the Contractor for the provision of services in the scope provided for by this Agreement, which is concluded by accepting the Offer.
1.4. Services - data processing services related to private security on the Internet and private access to the Internet. The service provides Customers with access to the Personal Account with the ability to purchase a Subscription for use in the tuna application (tuna.am/en/).
1.5. Token — a combination of characters generated in the Personal Account to ensure access and operation of the client program to the "Tuna" service infrastructure.
1.6. Order - the decision of the Customer to order the Service through the Website by selecting one of the tariffs and paying for it.
1.7. "Tuna" Software – a set of computer programs (automated computer program) located both on the Contractor's and the Customer's computers, the owner of which is Individual Entrepreneur Lev Aminov, used to provide services and through which the Customers' encrypted data passes.
1.8. Website – the Contractor's information resource on the information and telecommunication network Internet at tuna.am/en/.
1.9. Personal Account — a set of pages on the website, access to which is carried out using the Customer's login and password.
1.10. Login – a unique sequence of characters for each Customer, allowing the Contractor to identify the Customer in the "Tuna" software.
1.11. Password – a secret sequence of characters known only to the Customer. The password allows you to verify that the Customer is indeed the owner of the presented Login.
1.12. Subscription – the order of payment for Services with automatic renewal every month or year, in accordance with the terms of the Agreement.
1.13. Offer – an offer from the Contractor, addressed to Customers who wish to use the Contractor's service in the scope provided for by this Agreement.
1.14. Acceptance of the Offer – full and unconditional acceptance by the Customer of the terms of the Offer by performing actions in accordance with clause 2.5 of the Agreement. All the above terms and definitions are used exclusively in the meanings specified in this section.
1.15. Monthly Subscription - equals 30 calendar days.
1.16. Annual Subscription - equals 365 calendar days.
1.17. Tariff - describes the capabilities of the provided Service, has limited functionality in accordance with the description of the tariff on the Website.
1.18. Additional licenses - expand the basic limits of the tariff or add new functions. The cost depends on the Tariff.
2. Subject of the Agreement
2.1. Under this Agreement, the Contractor undertakes to provide the Customer with Services according to the description of the selected tariff specified on the Contractor's website at tuna.am/en/, which is an integral part of the Agreement, and the Customer undertakes to accept and pay for the Services provided to him in the amount and within the terms provided for by the Agreement.
2.1.1. The type and scope of Services provided by the Contractor to the Customer under the Agreement, the Customer determines independently by placing an order. The Customer places an order for Services through the Website by selecting one of the tariffs presented on the Website.
2.2. The Agreement also provides all persons who have accepted the terms of the Agreement, on a gratuitous basis, not subject to transfer or alienation in any form, having an unlimited period of validity, the right to access the Website. The Contractor provides the Customer with access to the Website, and the Customer undertakes to use the access provided to him only within the limits of those rights and in the ways provided for by the Agreement. The Customer has the right to exercise the right to use the Website throughout the territory of the Contractor's country and beyond.
2.3. The Customer is obliged to inform the Contractor about the found and potential vulnerabilities and not to exploit the vulnerabilities of the "Tuna" software.
2.4. The Contractor carries out the current management of the "Tuna" software, determines its structure, allows or restricts users' access to the Website, and exercises other rights belonging to him at his discretion.
2.5. The Customer accepts the Offer by registering in the Personal Account of the "Tuna" software. Registration in the Personal Account is carried out using a unique combination of login and password to enter the "Tuna" software.
2.6. The right to use the "Tuna" software is granted to the Customer throughout the territory of the Contractor's country and beyond.
2.7. The right to use the "Tuna" software is granted for the period established by this agreement.
3. Procedure for the provision of services
3.1. The Customer, wishing to use the Service and gain access to the "Tuna" software, by concluding the Agreement, must:
3.1.1. familiarize himself with the terms of this Agreement, publicly posted on the Website;
3.1.2. place an order through the Website by selecting one of the tariffs;
3.1.3. register in the personal account of the "Tuna" software in accordance with clause 2.5 of the Agreement;
3.1.4. install the client program on his computer;
3.1.5. provide the client program with a Token to access the infrastructure.
4. Cost of services and payment procedure
4.1. The cost of services is paid by the Customer on the terms of 100% prepayment in the amount and manner provided for by this agreement.
4.2. The cost of services is determined based on the Contractor's tariffs in accordance with the tariff plan selected by the Customer. Tariffs are indicated on the Website at tuna.am/en/ and in the Personal Account.
4.3. Payment for services is made by the Customer by subscribing.
4.4. Payment for the subscription is made by non-cash transfer of funds to the Contractor's current account by the methods available at the time of payment in the Personal Account.
4.5. The Customer's obligations to pay for the cost of services are considered fulfilled from the moment the Contractor receives funds in accordance with the tariffs in full. In case of incomplete payment, the service is not provided.
4.6. Payment for services under the Agreement is made in the order of monthly or annual paid subscription.
4.7. Automatic renewal of the subscription upon the expiration of the previous subscription period is carried out automatically if the Customer's Personal Account has a saved payment method necessary to pay for the cost of services. Funds are debited automatically on the date of expiration of the current Subscription. The subscription is renewed for the next 30 or 365 calendar days. In the absence or insufficiency of funds on the saved payment method of the Customer, he is automatically switched to a free tariff with limited functionality.
4.8. The cost of services is not refundable to the Customer in case of the Customer's refusal to provide services by the Contractor under the Agreement before the expiration of the previous subscription period.
4.9. The cost of services under the Agreement is not subject to VAT, but VAT may be imposed by the payment provider.
4.10. The Contractor has the right to change tariffs unilaterally at any time during the term of the Agreement. Such a change does not entail a recalculation (increase, decrease) of the cost of already paid payments for the Customer, but applies to future periods.
4.11. In the absence of a motivated refusal of the Customer to accept services and provided rights within 1 (one) calendar day after providing access to the "Tuna" software (transfer of the right to use) and purchasing a Subscription, the transferred rights and services provided are considered accepted by the Customer in full.
4.12. The amount of remuneration for the use of the "Tuna" software by the Customer under the terms of a simple (non-exclusive) license is included in the cost of the Contractor's services (clause 4.2 of the Agreement).
5. Rights and obligations of the parties
5.1. The Contractor has the right to:
5.1.1. Modify or release new versions of the "Tuna" software at any time and for any reason. The Contractor reserves the right to add new properties and functionalities to the "Tuna" software or remove existing properties and functionalities from the "Tuna" software;
5.1.2. Conclude any agreements with third parties, including on terms similar to the terms of the Agreement.
5.2. The Customer undertakes to:
5.2.1. use the "Tuna" software exclusively for its functional purpose;
5.2.2. not use the "Tuna" software for any illegal activity;
5.2.3. not use the "Tuna" software to distribute malicious software, viruses, phishing, spoofing, or any other types of attacks;
5.2.4. not use the "Tuna" software to distribute "pirated" i.e. unlicensed content, or licensed content if it is prohibited by copyright;
5.2.5. refrain from any actions that may interfere with the normal operation of the "Tuna" software on the Customer's equipment;
5.2.6. refrain from any actions that may interfere with the normal operation of other users of the "Tuna" software;
5.2.7. not hack, modify, debug, or otherwise change the "Tuna" software.
5.3. The Customer has the right to:
5.3.1. make suggestions for changing the functionality of the "Tuna" software.
6. Liability of the parties and procedure for resolving disputes between the Parties
6.1. For non-performance or improper performance of obligations under this Agreement, the Parties are liable in accordance with the current legislation of the Contractor's country and the terms of the Agreement.
6.2. The Contractor is not responsible for the inability to use the "Tuna" software for reasons beyond the control of the Contractor.
6.3. The Parties undertake to maintain the confidentiality of information classified by the parties as a commercial secret in accordance with the current legislation of the Contractor's country and became known to the parties in the process of executing the Agreement.
6.4. The "Tuna" software is provided "as is". The Customer agrees that he is responsible for choosing the software to achieve the desired results, for using the "Tuna" software, as well as for the results obtained with its help. The Contractor is not responsible for the loss of the Customer's data/access key to Internet resources, and is also not responsible for the damage suffered by the Customer as a result of the loss of the Customer's data. The Customer is solely responsible for any losses incurred as a result of data loss, service failure, or unavailability due to technical and other limitations or problems.
6.5. The Parties are released from liability for non-performance or improper performance of the terms of the agreement in the event of force majeure circumstances (force majeure), determined in accordance with the current legislation of the Contractor's country, if they provide evidence that these circumstances prevented the fulfillment of obligations under the agreement, such evidence is documents of the competent authorities of the Contractor's country. From the moment the force majeure circumstances are eliminated, the agreement is valid in the usual manner.
6.6. All disagreements and disputes arising between the Parties under the Agreement are resolved through negotiations between the Parties.
6.7. If it is impossible to resolve disagreements through negotiations, they are subject to consideration by the court of the Contractor's country with mandatory compliance with the pre-trial procedure for resolving disputes and disagreements. The response period to the claim is 30 (thirty) calendar days from the date of its receipt.
7. Other conditions
7.1. The Contractor has the right to independently unilaterally make changes to the Agreement. The new version of the Agreement with the changes made is posted by the Contractor on the Website. The Customer fully understands and acknowledges the unilateral right of the Contractor to change the Agreement in the manner established by the Agreement and, if accepted, undertakes to work under the changed conditions.
7.2. In case of violation by the Customer of the terms of the agreement, the Contractor has the right to terminate this Agreement and immediately block the access key to Internet resources and access to the "Tuna" software without prior notice to the Customer.
7.3. The Agreement comes into force from the moment of acceptance of the terms of the Agreement and is valid for the entire period of existence of the account in the Personal Account, until its deletion by the Customer.
7.4. The Customer confirms and guarantees to the Contractor that he has provided reliable data, including the Client's personal data (e-mail), gives the Contractor consent to the processing of his personal data, which is necessary for registration in the personal account of the "Tuna" software.
7.5. The Contractor undertakes, on behalf of and at the expense of the Customer, to take actions for the processing of personal data, which may include collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data.
7.6. Purposes of personal data processing:
7.6.1 registration of the Customer's account in the Personal Account of the "Tuna" software;
7.6.2 execution and fulfillment of contractual obligations.
7.7. The period of processing of personal data by the Contractor is limited to the term of the Agreement, taking into account the requirements of the legislation of the Contractor's country.
7.8. The transfer of the Customer's personal data by the Contractor to third parties is not carried out.
7.9. By registering in the personal account of the "Tuna" software, the Customer confirms and assures that he is familiar with and agrees with the terms of the Agreement.
7.10. Either Party has the right to unilaterally refuse to execute the agreement by notifying the other Party by sending a notice 2 (Two) calendar days in advance.
7.11. In all that is not provided for in this Agreement, the Parties are guided by the current legislation of the Contractor's country.
8. Refund policy and subscription management
8.1. The Customer has the right to request a refund for a newly purchased paid subscription within 14 calendar days from the date of its payment if he is not satisfied with the functionality or quality of the service.
8.2. The Contractor does not refund the cost of renewing (automatic or manual) an existing paid subscription.
8.3. The Contractor does not refund the cost of purchasing a new subscription if the Customer has previously had a subscription on a similar tariff.
8.4. When paying for a subscription, the payment method is automatically saved and the automatic renewal of the subscription is enabled depending on the selected tariff.
8.5. To delete a payment method and disable automatic renewal, the Customer can cancel the subscription. The subscription will continue to be valid until the end of the paid period.
8.6. The Contractor does not refund the cost in case of violation by the Customer of the terms of the agreement.
9. Acceptance of services, signing of the act and procedure for filing claims when paying by invoice
9.1. The Customer undertakes to sign the act of services rendered within 5 (five) business days from the date of payment of the subscription invoice.
9.2. In the absence of written claims to the quality of the services rendered within the period specified in clause 9.1, the services are considered to be rendered properly and accepted by the Customer in full.
9.3. The Customer's failure to sign the act of services rendered within the period specified in clause 9.1 in the absence of written claims is considered as confirmation of the fact of rendering services in full and of proper quality.
9.4. All claims to the quality of the services rendered must be submitted by the Customer in writing to the email address info@tuna.am within 5 (five) business days from the date of payment of the invoice.
9.5. Claims submitted after the specified period are not considered, and the services are considered to be rendered properly.
Contractor:
IE Lev Aminov
TIN 71062923