Terms of Service
edited 28.03.2025
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 copyright holder of the "Tuna" software and related brands, providing services to the Customer.
1.3. Agreement – an agreement between the Customer and the Contractor for the provision of services in the scope provided by this Agreement, 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).
1.5. Token – a combination of symbols generated in the Personal Account to ensure access and operability of the client program to the infrastructure of the "Tuna" service.
1.6. Order – the Customer's decision 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 located both on the Contractor's and the Customer's computers, owned by Individual Entrepreneur Lev Aminov, used to provide services and through which encrypted Customer data passes.
1.8. Website – the Contractor's information resource on the Internet at tuna.am, including all subdomains.
1.9. Personal Account – a set of pages on the Website located on the subdomain my.tuna.am, accessed via the Customer's login and password or OpenID provider.
1.10. Login – a unique sequence of symbols for each Customer, allowing the Contractor to identify the Customer in the "Tuna" software.
1.11. Password – a secret sequence of symbols known only to the Customer. The password ensures that the Customer is indeed the owner of the presented Login.
1.12. Subscription – a method of paying for Services with automatic renewal every month or year, in accordance with the terms of the Agreement.
1.13. Offer – the Contractor's proposal addressed to Customers wishing to use the Contractor's service in the scope provided 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 or in the Personal Account.
1.18. Additional Licenses – expand the basic limits of the tariff or add new functions. The cost depends on the Tariff.
1.19. Tuna, Tuna Platform or Platform – a set of services and computer programs, including the user's Personal Account located at my.tuna.am and api.tuna.am, the command-line client tuna, request inspector built into the command-line client and working in conjunction with it, the desktop application tuna-desktop, the server tuna-bastion, and other components for working with the platform.
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, 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 specified in the Agreement.
2.1.1. The type and scope of Services provided by the Contractor to the Customer under the Agreement are determined by the Customer independently by placing an order. The Customer orders Services through the Website by selecting one of the tariffs presented on the Website.
2.2. The Agreement also provides all persons who accept the terms of the Agreement, with a free of charge, non-transferable or alienable in any form, unlimited in time, right to access the Website. The Contractor provides the Customer with access to the Website, and the Customer undertakes to use the access granted to him only within the rights and in the manner provided by the Agreement. The Customer has the right to use the Website throughout the territory of the Contractor's country and beyond its borders.
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 user access to the Website, and exercises other rights belonging to it at its 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 by means of a unique combination of login and password for entering 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 its borders.
2.7. The right to use the "Tuna" software is granted for the period established by this Agreement.
3. Procedure for Providing Services
3.1. The Customer, wishing to use the Service and gain access to the "Tuna" software, by entering into the Agreement, is obliged to:
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.
3.1.3. install the client program on his computer.
3.1.4. provide the client program with the Token for access to 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 according to the procedure provided by this Agreement.
4.2. The cost of services is determined based on the Contractor's tariffs in accordance with the selected tariff plan by the Customer. The tariffs are indicated on the Website at tuna.am and in the Personal Account.
4.3. Payment for services is made by оформляя подписку Заказчиком.
4.4. Payment for the subscription is made by non-cash transfer of funds to the Contractor's settlement account by the methods available at the time of payment in the Personal Account.
4.5. The Customer's obligations to pay for the services are considered fulfilled from the moment the funds are received by the Contractor in accordance with the tariffs in full. In case of partial payment, the service is not provided.
4.6. Payment for services under the Agreement is made in the manner of a monthly or annual paid subscription.
4.7. The automatic renewal of the subscription at the end of the previous subscription period is carried out automatically if there is a saved payment method in the Customer's personal account, necessary for paying for the services. The funds are automatically debited on the expiration date 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 Customer's saved payment method, it is automatically switched to a free tariff with limited functionality.
4.8. The cost of services is non-refundable to the Customer in case of refusal of the Customer from the services of 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 charged by the payment provider.
4.10. The Contractor has the right to change the tariffs unilaterally at any time during the term of the Agreement. Such a change does not entail 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 reasoned refusal from the Customer to accept the services and granted rights of use within 1 (one) calendar day after granting access to the "Tuna" software (transfer of the right to use) and purchasing a Subscription, the transferred rights and provided services are considered accepted by the Customer in full.
4.12. The amount of remuneration for the Customer's use of the "Tuna" software on 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 functional capabilities to the "Tuna" software or remove existing properties and functional capabilities from the "Tuna" software;
5.1.2. Conclude any contracts with third parties, including on terms similar to those of the Agreement.
5.1.3. In case of receiving a complaint (abuse) about the Customer for violating the obligations from clause 5.2, transfer the original IP address, TCP port, and session time to antivirus companies, internet service providers, or the injured party for further escalation.
5.1.4. In case of receiving a complaint (abuse) about the Customer for violating the obligations from clause 5.2, and a request from law enforcement agencies, provide them with the original IP address, TCP port, and session time, email address, and other personal data, as well as transaction IDs in the payment system for identifying the person by bank card.
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 activities;
5.2.3. not use the "Tuna" software for distributing malicious software, viruses, phishing, spoofing, or any other types of attacks;
5.2.4. not use the "Tuna" software for distributing "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 functional capabilities of the "Tuna" software.
6. Liability of the Parties and Procedure for Resolving Disputes
6.1. For non-fulfillment or improper fulfillment 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 impossibility of using the "Tuna" software for reasons beyond the Contractor's control.
6.3. The Parties undertake to maintain the confidentiality of information designated by the parties as commercial secrets in accordance with the current legislation of the Contractor's country, and became known to the parties in the course of fulfilling 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 Customer's loss of data/access key to internet resources, nor is it responsible for the damage incurred by the Customer as a result of the Customer's data loss. The Customer is solely responsible for any losses incurred as a result of data loss, service failure, local software running in his environments, or service unavailability due to technical and other limitations or problems.
6.5. The Parties are exempt from liability for non-fulfillment or improper fulfillment 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 being documents from the competent authorities of the Contractor's country. From the moment of elimination of the force majeure circumstances, the Agreement operates 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. In the event of impossibility to resolve disputes through negotiations, they are subject to consideration by the court of the Contractor's country with mandatory observance of the claim procedure for resolving disputes and disagreements. The response time to the claim is 30 (thirty) calendar days from the moment of its receipt.
7. Other Conditions
7.1. The Contractor has the right to 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 Contractor's unilateral right to change the Agreement in the manner established by the Agreement and, in case of acceptance, 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 the internet resources and access to the "Tuna" software without prior notice to the Customer.
7.3. The Agreement enters 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 personal data (e-mail), and gives the Contractor consent to process his personal data, which are necessary for registration in the personal account of the "Tuna" software.
7.5. The Contractor undertakes, at the request, in the name and at the expense of the Customer, to perform actions for the processing of personal data, which may include collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data.
7.6. The purposes of processing personal data are:
7.6.1 registration of the Customer's account in the personal account of the "Tuna" software;
7.6.2 execution of contractual obligations.
7.7. The term for processing 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 by the Contractor of personal data to the Customer's 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 to the terms of the Agreement.
7.10. Either Party has the right to unilaterally refuse to perform the Agreement, notifying the other Party by sending a notification 2 (Two) calendar days in advance.
7.11. In all matters not provided for by 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 moment of its payment if he is not satisfied with the functionality or quality of the service.
8.2. The Contractor does not refund for the renewal (automatic or manual) of an active paid subscription.
8.3. The Contractor does not refund for the purchase of a new subscription if the Customer already had a subscription to a similar tariff.
8.4. When paying for a subscription, the payment method is automatically saved, and the subscription auto-renewal is enabled depending on the selected tariff.
8.5. To delete the payment method and disable automatic renewal, the Customer can cancel the subscription. The subscription will remain active until the end of the paid period.
8.6. The Contractor does not refund 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) working days from the moment of payment of the subscription invoice.
9.2. In the absence of written claims regarding 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 specified period 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 regarding the quality of the services rendered must be submitted by the Customer in writing to the email address info@tuna.am within 5 (five) working days from the moment of payment of the invoice.
9.5. Claims submitted after the specified period are not considered, and the services are deemed to be rendered properly.
Contractor:
IE Aminov Lev
RNN 71062923