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Terms of Service

Agreement — Offer
Revision of: 13 August 2026

1. General Provisions​

1.1. This document is a public offer of Individual Entrepreneur Lev Aleksandrovich Aminov, taxpayer identification number (ՀՎՀՀ/TIN): 71062923, Republic of Armenia (hereinafter — the "Provider"), addressed to any person wishing to use the Tuna platform (hereinafter — the "Customer").

1.2. The Provider holds the exclusive rights to the Tuna platform, the software included in it, and the related trademarks and brands.

1.3. The current text of this Agreement is published at https://tuna.am/tos/. Upon Acceptance of the Offer, the Agreement is deemed concluded on the terms set out in the revision in force at the moment of acceptance.

1.4. The following documents form an integral part of this Agreement:

1.5. This Agreement is governed by the law of the Republic of Armenia (Section 23).

2. Terms and Definitions​

2.1. Tuna Platform (Platform) — the aggregate of computer programs, services and infrastructure of the Provider, including the Personal Account, the API, the Provider's server infrastructure and the Client Software.

2.2. Services — the functional capabilities of the Platform provided to the Customer under this Agreement. The composition of the Services is determined in accordance with clause 6.1.

2.3. Cloud Services — Services operating on the Provider's infrastructure that do not require installation of software on the Customer's equipment.

2.4. Client Software — computer programs installed on the Customer's equipment: the tuna command-line client, the tuna-desktop application, server components distributed by the Provider for installation on the Customer's side, and similar components.

2.5. Website — the Provider's information and telecommunications resource at https://tuna.am, including subdomains.

2.6. Personal Account — the set of pages at https://my.tuna.am, accessed with the Customer's login and password or through a supported OpenID/SSO provider.

2.7. Account — the Customer's account in the Personal Account.

2.8. Organization (Team) — an association of several Accounts sharing resources, a plan and a role-based access model. The Customer in relation to an Organization is the person on whose behalf the Organization was created and in whose name the Subscription is issued.

2.9. Plan — a set of Services, features and limits provided for a fee or free of charge. Plans are published on the Website and in the Personal Account.

2.10. Additional Licenses — paid options that extend the limits of a Plan or add individual features.

2.11. Subscription — the right to use the Services within the scope of the selected Plan during the paid period.

2.12. Customer Data — any data that the Customer or its End Users transmit, place, store or route through the Services: tunnel and gateway traffic, request contents, files, secrets, passwords, meeting recordings, reports, configurations and other data.

2.13. Operational Data — data generated by the Provider's systems in connection with the operation of the Platform and the use of the Services: connection metadata (IP addresses, time, volume and duration, destination addresses, response codes, latency metrics), resource and limit consumption records, diagnostic and debugging records, security events, and infrastructure technical logs. Operational Data does not include the contents of Customer Data, nor logs and records that a Service maintains for the Customer as part of its functionality, in particular Application access logs and Bastion session logs.

2.14. End User — a member of the Customer's Organization, as well as any person to whom the Customer has granted access to the Services or to the results of their operation.

2.15. Consumer — an individual acquiring or using the Services for personal, family, household or other needs unrelated to business activity.

2.16. Reseller — the Provider's authorized reseller acting as the seller in relations with the Customer when payment is made through the corresponding channel (clause 10.2).

2.17. Agent — a person accepting payment in favour of the Provider under an agency agreement (clause 10.3).

2.18. Offer — this proposal of the Provider addressed to an indefinite range of persons.

2.19. Acceptance of the Offer — full and unconditional acceptance by the Customer of the terms of the Offer by performing the actions specified in Section 3.

The terms and definitions are used in this Agreement solely in the meanings specified in this Section.

3. Conclusion of the Agreement (Acceptance of the Offer)​

3.1. Acceptance of the Offer is deemed to occur when the Customer performs any of the following actions:

  • registering an Account in the Personal Account;
  • signing in to the Personal Account through an OpenID/SSO provider;
  • using any of the Services, including via the Client Software or the API;
  • paying for any paid Plan or Additional License.

3.2. By performing any of the actions specified in clause 3.1, the Customer confirms that it has reviewed the terms of this Agreement and the documents listed in clause 1.4, fully understands them and accepts them without reservation.

3.3. The Agreement is deemed concluded from the moment the first of these actions is performed and remains in force as provided in Section 22.

3.4. If the Customer does not agree with the terms of this Agreement, it must stop using the Platform and delete the Client Software from its equipment.

3.5. A Customer that is a legal entity or an individual entrepreneur confirms that the person performing the Acceptance holds the necessary authority.

3.6. Registration of an Account by persons under 16 years of age is not permitted.

4. Subject Matter of the Agreement​

4.1. Under this Agreement, the Provider undertakes to grant the Customer access to the Services within the scope of the selected Plan, and the Customer undertakes to comply with the Agreement and to pay for the Subscription if the selected Plan is a paid one.

4.2. With respect to the Client Software, the Provider grants the Customer the right of use under a simple (non-exclusive) royalty-free license for the term of this Agreement, in the territory of all countries of the world, subject to the restrictions of Section 20. The remuneration for the use of the Client Software is included in the cost of the Subscription and is not charged separately.

4.3. The Client Software is distributed as executable (binary) files and in other formats published by the Provider. The source code is not transferred to the Customer unless expressly stated otherwise for a particular component. This Agreement is not an agreement on the alienation of an exclusive right.

4.4. Individual components of the Platform may be distributed under open source licenses. The terms of the respective licenses apply to such components, and the provisions of this Agreement do not limit the rights granted to the Customer by those licenses.

4.5. This Agreement is not a telecommunications services agreement and does not provide the Customer with access to the Internet.

5. Account and Access​

5.1. The Customer must provide accurate information upon registration and keep it up to date, including the email address used for legally significant communications (clause 24.6).

5.2. The Customer is solely responsible for the confidentiality of its password, access keys, service tokens and other credentials. Actions performed using the Customer's credentials are deemed performed by the Customer.

5.3. The Customer must immediately notify the Provider at info@tuna.am of any known instance of unauthorized access to the Account.

5.4. The Provider makes Account protection tools available, including multi-factor authentication. The Customer's decision not to use them falls within its own area of responsibility.

5.5. A Customer that has created an Organization independently determines its members and their roles, ensures their compliance with this Agreement and is responsible for their actions as for its own.

5.6. One Account is intended for use by one person. Sharing credentials with third parties is not permitted; an Organization is to be used for collaboration.

6. Composition of the Services and the Procedure for Their Provision​

6.1. The current composition of the Services, their functional capabilities and limits are determined by the documentation and the Personal Account at the moment of use. The list of Services is not exhaustive: the Provider may introduce new Services and features, and from the moment they are made available to the Customer they form part of the Platform and are governed by this Agreement without any amendment to it.

6.2. The Provider may establish special terms of use for individual Services, published in the documentation of the corresponding Service. Such special terms form part of this Agreement and, in the event of a conflict, prevail over the general provisions of the Agreement with respect to that Service.

6.3. The Cloud Services are provided on the Provider's infrastructure. The Provider independently determines the technical architecture, the contractors and infrastructure providers engaged, and the composition and location of data centres, unless a choice of region is provided for a particular Service.

6.4. The Client Software is installed and run by the Customer independently. The Customer provides, at its own expense, the equipment, communication channels, power supply, up-to-date versions of the Client Software and the information security of its own infrastructure.

6.5. The Provider may change the functionality of the Services, release new versions of the Client Software, and add or remove features. During an already paid Subscription period, the functionality declared for the corresponding Plan at the time of payment is not materially reduced, except where this is caused by legal requirements, security requirements, discontinuation of support by third parties, or other circumstances beyond the Provider's control.

6.6. The Provider notifies affected Customers by email or through the Personal Account at least 30 calendar days in advance of the discontinuation of a paid Service or a material reduction of its functionality. If such discontinuation falls within a paid period and the Customer does not wish to continue the Subscription, the Provider shall, at the Customer's request, refund the unused portion of the payment on a pro rata basis.

6.7. Features designated as experimental, beta or preview are provided "as is", without any guarantees of availability or data retention, and may be changed or discontinued at any time without prior notice and without compensation.

6.8. The Provider does not perform backups of Customer Data for the Customer's benefit unless such a feature is expressly declared for a particular Service. Backing up data critical to the Customer's operations falls within the Customer's area of responsibility.

7. Plans, Limits and Fair Use​

7.1. Plans, the composition of included features and quantitative limits (including limits on the number of resources, speed, number of requests and volume of stored data) are published on the Website, in the Personal Account and in the documentation.

7.2. The Provider may change the composition and value of limits. Changes that worsen the Customer's position within an already paid Subscription period apply to it no earlier than the end of that period, except in the cases provided for in clauses 6.5 and 7.4.

7.3. The Services are provided on a shared-resource and fair-use basis. The Provider may apply technical restrictions to the load generated by the Customer if it materially exceeds what is typical for the selected Plan and interferes with the normal operation of other users.

7.4. The Provider may temporarily restrict or suspend individual Services of the Customer without prior notice if this is necessary to eliminate a threat to the operability or security of the Platform. The Customer is notified of such a restriction within a reasonable time.

7.5. The free Plan is provided "as is", without any guarantees of availability or data retention. The Provider may change the terms of the free Plan, limit its functionality and discontinue it, notifying Customers by email or through the Personal Account at least 14 calendar days in advance.

7.6. The Provider may delete resources and data of Accounts on the free Plan that have not been used for more than 6 consecutive months, having notified the Customer by email at least 14 calendar days in advance.

8. Fees and Payment Procedure​

8.1. The cost of the Subscription and Additional Licenses is determined by the prices in effect at the time of payment. Payment is made on a 100% prepayment basis.

8.2. The payment currency and the available payment methods are displayed in the Personal Account. The price of the same Plan in different currencies and for different regions is set by the Provider independently, may differ, and is not the result of conversion at an exchange rate. The region is determined from the Customer's data provided at registration and at payment, including the payer's country. The Customer pays the price displayed at checkout at the time of payment; any subsequent change in exchange rates, or in the prices set for other currencies and regions, does not give rise to a recalculation, and the Customer is not entitled to demand that a price established for another currency or region be applied to them.

8.3. The Customer's payment obligation is deemed fulfilled from the moment the funds are received in full by the Provider, its Reseller (clause 10.2) or its Agent (clause 10.3). In the event of incomplete payment, the Services under the paid Plan are not provided.

8.4. Fees and charges of payment systems, banks and other intermediaries are paid by the Customer independently, in addition to the cost of the Subscription.

8.5. When payment is made directly to the Provider or through the Agent, the price is not subject to value added tax in accordance with the tax regime of the Republic of Armenia applied by the Provider.

8.6. When payment is made through the Reseller (clause 10.2), the calculation, collection and remittance of applicable indirect taxes (value added tax, sales tax and similar) are performed by the Reseller in accordance with the laws of the Customer's country. The total amount payable displayed at checkout may exceed the base price of the Plan by the amount of such taxes.

8.7. Except in the cases provided for in clause 8.6, all taxes, levies and duties payable in the Customer's jurisdiction in connection with the purchase of a Subscription, including withholding taxes, are paid by the Customer independently and are not included in the cost of the Subscription. If the law of the Customer's jurisdiction requires the Customer to withhold any tax from the payment amount, the payment amount shall be increased so that the Provider receives an amount equal to the amount it would have received in the absence of such withholding.

8.8. Closing documents are provided at the Customer's request to the email address specified in Section 25. When payment is made through the Reseller, invoices and other payment documents are issued by the Reseller.

8.9. In the absence of reasoned written objections from the Customer within 5 (five) business days from the date of provision of access to the paid Plan, the services for the corresponding period are deemed rendered properly and accepted by the Customer in full. This does not deprive the Customer of the right to raise claims regarding the quality of the Services throughout the term of the Agreement in accordance with Section 23.

8.10. The Subscription fee is a retainer-type fee: it is paid for making the Services available within the selected Plan for the paid period and does not depend on the extent to which the Customer actually used the Services during that period. Non-use of the Services in whole or in part, including non-use of the limits and features available under the Plan, is not a ground for recalculation or refund of the fee; any unused volume is not carried over to the next period.

9. Subscription, Automatic Renewal and Price Changes​

9.1. A Subscription is issued for a monthly or annual period in accordance with the selected Plan.

9.2. A monthly Subscription means the provision of the Services until the corresponding calendar date of the following month. If the corresponding date does not exist in the following month, the Subscription expires on the last day of that month.

9.3. An annual Subscription means the provision of the Services until the corresponding calendar date of the same month of the following year. If such a date does not exist, the Subscription expires on the last day of the corresponding month.

9.4. When a paid Subscription is purchased, the payment method used is saved and automatic renewal is enabled by default.

9.5. A charge under automatic renewal is made no earlier than 24 (twenty-four) hours before the end of the current paid period, at the price in effect at the time of the charge.

9.6. The Provider notifies the Customer by email of an upcoming charge no later than 3 (three) calendar days before the charge date. Upon receipt of the notice, the Customer may decline the renewal or keep the Subscription.

9.7. The Customer may cancel the Subscription and delete the saved payment method in the Personal Account at any time. Cancellation stops automatic renewal, while the current paid period remains in effect until its end. If payment was made through the Reseller (clause 10.2), the payment method is stored by the Reseller, and the Subscription may additionally be cancelled through its order management interface.

9.8. If there are no funds or insufficient funds on the saved payment method, or if the charge is impossible for other reasons, automatic renewal is not performed, and at the end of the paid period the Account is switched to the free Plan with limited functionality and limits. Resources and data exceeding the limits of the free Plan may become unavailable or be deleted in accordance with clause 13.6.

9.9. The Provider may change its prices. A price change does not affect the cost of periods already paid for. For Consumer Customers, a price change takes effect no earlier than 7 calendar days after notification by email or through the Personal Account; before the change takes effect, the Consumer Customer may cancel the Subscription in accordance with clause 9.7.

9.10. When upgrading to a more expensive Plan during a paid period, the cost of the new Plan is calculated taking into account the unused portion of the previously paid period, as displayed in the Personal Account.

10. Payment Channels​

10.1. Payment may be made:

  • directly to the Provider — by the methods available in the Personal Account, including payment by bank card through the YooKassa payment service;
  • through the Reseller — in accordance with clause 10.2;
  • through the Agent — for invoice payments by legal entities and individual entrepreneurs located in the Russian Federation, in accordance with clause 10.3.

Regardless of the channel chosen, the Services are provided by the Provider on the terms of this Agreement.

10.2. Payment through the Reseller. Payment may be accepted by PayPro Global (PayPro Global Inc. and its affiliates, hereinafter — the "Reseller"), acting as an authorized reseller (merchant of record). In this case the Reseller is the seller in relations with the Customer: it processes the order, issues the invoice, accepts the payment, calculates and remits applicable taxes (clause 8.6), handles automatic renewals and processes refunds. The Reseller's own terms and policies, available at https://payproglobal.com/legal/, additionally apply to the order.

10.3. Invoice payment through the Agent. For legal entities and individual entrepreneurs located in the Russian Federation, invoice payments are accepted by the Provider's agent — Individual Entrepreneur Evgeniy Sergeevich Medvedev, TIN 661219749774 (hereinafter — the "Agent"). The Agent acts under an agency agreement with the Provider and accepts funds in favour of the Provider. The Customer's payment obligation is deemed fulfilled from the moment the funds are received by the Agent. No other payment channels are serviced by the Agent.

10.4. Neither the Reseller nor the Agent acquires any rights to the Platform. The party providing the Services in all cases remains the Provider.

10.5. All claims relating to the provision of the Services, their quality and technical support are submitted to the Provider in accordance with Section 23. Claims relating to payment processing, issued documents and assessed taxes are, in the case of payment through the Reseller, submitted to the Reseller.

11. Refunds​

11.1. A Consumer Customer may request a refund for a first-time paid Subscription within 7 (seven) calendar days of payment if they are not satisfied with the functionality or quality of the Services.

11.2. Refunds are not made for Subscription renewals (automatic or manual), or for the purchase of a Subscription to a Plan similar to one previously purchased, except in the cases provided for in clauses 6.6 and 11.3.

11.3. For Consumer Customers, the right to a refund within 7 calendar days of payment for a new Subscription is retained regardless of previously purchased Subscriptions.

11.4. No refund of amounts paid is made to Customers who are not Consumers (legal entities, individual entrepreneurs, and individuals purchasing the Services for business purposes) on any of the grounds set out in this Section, except in the cases provided for in clauses 6.6 and 22.8, and in cases where the refund is made under the Reseller's rules (clause 11.8). Before purchasing a paid Subscription, such a Customer has the opportunity to evaluate the functionality and quality of the Services on the free Plan (clause 11.10).

11.5. No refund is made where the Agreement is terminated or the Account is blocked on the grounds provided for in Section 12 and Section 20.

11.6. Given the retainer nature of the fee (clause 8.10), if the Customer withdraws from the Agreement, cancels the Subscription, deletes the Account or ceases to use the Services before the end of the paid period, the amount paid for that period is neither refunded nor recalculated on a pro rata basis; access to the Services is retained until the end of the paid period. This clause does not apply to the cases provided for in clauses 6.6, 11.1, 11.3 and 22.4.

11.7. A refund request is sent to the email address specified in Section 25, indicating the payment identifier. The refund is made by the same method used for payment, within no more than 14 calendar days from confirmation of the request. Upon refund, the Account is switched to the free Plan.

11.8. When payment was made through the Reseller (clause 10.2), the refund is handled under the Reseller's rules, which provide their own request period and review procedure. The request is submitted through the Reseller's support form; the Provider is given an opportunity to resolve the matter itself, and if it is not resolved, the decision is made by the Reseller. The provisions of this Section apply to such payments to the extent they do not conflict with the Reseller's rules.

11.9. The provisions of this Section do not limit the rights of Consumers provided by mandatory rules of the law applicable to them (clause 23.4).

11.10. Before purchasing a paid Subscription, the Customer has the opportunity to evaluate the Platform free of charge on the free Plan.

12. Rules of Use, Abuse and Blocking​

12.1. The Customer undertakes to use the Services in accordance with the Acceptable Use Policy, which forms an integral part of this Agreement.

12.2. The Customer undertakes:

  • to use the Services for their intended purpose and within the scope of the selected Plan;
  • not to use the Services for any unlawful activity, distribution of malware, phishing, spoofing, spam or other attacks;
  • not to place through the Services any content whose distribution infringes the rights of third parties, including copyright and related rights;
  • to refrain from actions that may interfere with the normal operation of the Platform, the Provider's infrastructure and other users;
  • not to circumvent technical restrictions, limits and billing mechanisms, including by registering multiple Accounts;
  • not to decompile, disassemble or modify the Client Software, except where expressly permitted by mandatory rules of applicable law;
  • to report discovered vulnerabilities to the Provider and not to exploit them;
  • not to conduct load testing, scanning or penetration testing against the Provider's infrastructure without its prior written consent.

12.3. The Customer is solely responsible for the lawfulness of Customer Data and for compliance with third-party rights when processing it through the Services, as well as for the actions of its End Users.

12.4. The Provider does not pre-screen Customer Data and is not obliged to monitor it.

12.5. The procedure for accepting and reviewing abuse reports is described in the Abuse and Complaints section. Reports are sent to abuse@tuna.am.

12.6. In the event of a breach by the Customer of this Section or of the Acceptable Use Policy, the Provider may, proportionately to the nature of the breach:

  • require the breach to be remedied within a set period;
  • restrict or suspend the operation of an individual resource, Service or Account;
  • remove content placed in breach of the rules;
  • terminate this Agreement unilaterally and out of court and block the Account.

12.7. Suspension or blocking without prior notice is permitted where the breach poses an immediate threat to the security of the Platform or to third parties, or creates a risk of liability for the Provider, in particular in cases of phishing, distribution of malware, spam and distribution of materials whose circulation is prohibited. In other cases, the Provider notifies the Customer in advance and allows a reasonable period to remedy the breach.

12.8. The Customer is notified of a restriction, suspension or blocking by email, stating the grounds, except where such notification is prohibited by law. The Customer may submit an objection to info@tuna.am; the Provider reviews it within 10 business days and restores access if the breach is not confirmed.

12.9. Where the Agreement is terminated on the grounds set out in this Section, amounts paid are not refundable and the Customer's losses are not compensated.

13. Customer Data​

13.1. Customer Data belongs to the Customer. The Provider acquires no rights to it, except for the limited right specified in clause 13.2.

13.2. The Customer grants the Provider the right to process Customer Data (store, transmit, display, reproduce) solely to the extent necessary to provide the Services, ensure their operability and security, and comply with legal requirements.

13.3. The Provider does not use Customer Data to train machine learning models, for advertising, or for any other purpose unrelated to the provision of the Services. This clause does not apply to Operational Data, the use of which is governed by clause 13.8.

13.4. Traffic transmitted through tunnels and gateways is handled in transit. The Provider does not analyse the contents of such traffic, except for technically necessary processing for routing, for applying traffic policies configured by the Customer, for security purposes and for handling abuse reports. The restriction in this clause concerns the contents of traffic; connection metadata constitutes Operational Data (clause 2.13). Certain Services by their nature involve storing request contents, files and other data on the Provider's infrastructure; the procedure for such processing is described in the documentation of the corresponding Service and in the Customer Data Processing Terms.

13.5. The Customer independently determines what data it transmits to and places in the Services and must not place in them data whose processing is prohibited by the law applicable to it or requires special protection measures not provided for by this Agreement and the documentation.

13.6. After termination of the Agreement or deletion of the Account, Customer Data is deleted within no more than 30 calendar days, except for data that must be retained under legal requirements. The Customer must export the data it needs before the Agreement ends; the export tools provided for in the documentation are available throughout the term of the Agreement.

13.7. When an Account is switched to the free Plan, resources and data exceeding the limits of the free Plan may become unavailable or be deleted after 30 calendar days from the date of the switch. Notification is sent by email at least 14 calendar days before deletion.

13.8. The Provider processes Operational Data as an independent controller (clause 15.1) solely for the following purposes:

  • operating the Platform, diagnosing faults and restoring the Services;
  • ensuring security, detecting and investigating attacks, abuse and vulnerabilities, and handling reports;
  • monitoring compliance with Plan limits, billing and capacity planning;
  • compiling statistics, improving existing Services and developing new ones, including training machine learning models for the purposes listed above.

For purposes going beyond operation, security and the handling of reports — including statistics, Service development and model training — the Provider uses Operational Data solely in aggregated or depersonalized form that does not allow it to be related to a specific Customer or natural person. The results of such processing, including aggregated metrics and trained models, belong to the Provider and contain no Customer Data.

14. Passwords, Secrets and Other Sensitive Data​

14.1. This Section applies to Services intended for storing the Customer's sensitive data, including the password manager and the secrets service, and prevails over the general provisions of the Agreement with respect to such Services.

14.2. The password manager is built on a zero-knowledge model: encryption keys are generated on the Customer's side, and the master key is neither transmitted to nor stored by the Provider. The Provider is technically unable to decrypt the contents of the password vault, to restore a lost master key, or to provide access to the data by any other means.

14.3. Loss of the master key means irreversible loss of access to the corresponding data. The Customer is solely responsible for securely storing the master key and its backup copy. The Provider is not liable for loss of access to data resulting from the Customer's loss of the master key.

14.4. Secrets are stored in encrypted form; the zero-knowledge model does not apply to them, which follows from their purpose and is described in the documentation. The Customer takes this into account when deciding what data to place there.

14.5. The Customer independently determines the composition of data placed in these Services and bears the risk of that decision. The Customer should not place in the Services any data whose compromise or loss could cause it or third parties harm disproportionate to the cost of the Subscription, including data for which the law applicable to the Customer establishes special storage requirements (information constituting banking, medical or other legally protected secrecy, biometric and special categories of personal data, and information classified as a state secret).

14.6. The Customer undertakes:

  • to maintain the confidentiality of credentials, the master key, service tokens and access keys;
  • to restrict the access of members of its Organization to sensitive data in accordance with the role model;
  • to promptly revoke access for departed members and rotate compromised secrets.

14.7. The Provider applies the protection measures described in clause 19.2 and in the Privacy Policy; however, it does not guarantee absolute data security: no data transmission or storage system can be considered absolutely secure. The Provider does not assume the Customer's risks associated with leakage, compromise or loss of data placed in the Services, except where such leakage is caused by the Provider's intent or gross negligence.

14.8. The Provider's liability relating to the loss, unavailability, corruption or unauthorized disclosure of Customer Data is in all cases limited as set out in Section 19 and does not include compensation for indirect losses or lost profits.

14.9. Upon detecting a security breach affecting Customer Data, the Provider notifies the affected Customers within a reasonable time and takes measures to remedy the breach and mitigate its consequences.

15. Personal Data and Allocation of Roles​

15.1. With respect to Account data, payment data, technical logs and other data that the Provider processes for its own purposes, the Provider acts as the operator (controller) of personal data. The procedure for such processing is defined by the Privacy Policy.

15.2. With respect to personal data contained in Customer Data, the Customer acts as the operator (controller) and the Provider as the processor acting on the Customer's instructions. The terms of such processing are defined by the Customer Data Processing Terms, which form an integral part of this Agreement.

15.3. The Customer warrants that it has a legal basis for processing the personal data it transfers to the Services, including obtaining the necessary consents of data subjects and notifying them, and independently ensures the exercise of data subjects' rights.

15.4. The Customer undertakes to compensate the Provider for documented losses, fines and reasonable expenses incurred as a result of claims by third parties or authorities arising from the Customer's breach of clauses 12.3, 13.5 or 15.3.

15.5. Information is disclosed to authorities only on the basis of an official request made in accordance with the law, and only to the extent necessary to comply with legal requirements.

15.6. When handling an abuse report, the Provider may disclose to the affected party, an Internet service provider or another competent person the minimum necessary technical information (in particular, the IP address and session times) without disclosing the Customer's personal data, except in cases provided for by law.

16. Confidentiality​

16.1. The parties undertake not to disclose to third parties any information obtained in the course of performing this Agreement and designated as confidential by the disclosing party, except in cases provided for by law.

16.2. Confidentiality obligations remain in force for 3 (three) years after termination of the Agreement.

17. Availability of the Services and Technical Support​

17.1. The Provider takes reasonable measures to ensure continuous operation of the Services but does not guarantee their uninterrupted and error-free operation unless a separate service level agreement has been concluded for a particular Plan.

17.2. Scheduled maintenance is carried out with notice through the Personal Account, the status site or by email, except for emergency work necessary to eliminate a threat to the operability or security of the Platform.

17.3. The terms and channels of technical support, working hours and response times by Plan are described on the technical support page, which forms an integral part of this Agreement.

17.4. Response times are not resolution times. The Provider does not guarantee that a malfunction will be resolved within a specific period.

17.5. Work beyond the scope of technical support (configuration of the Customer's infrastructure, development, integrations) is performed under a separate agreement between the parties.

17.6. Interruptions in the operation of the Services caused by circumstances beyond the Provider's control do not constitute a breach of the Agreement and do not entitle the Customer to a recalculation of the Subscription price, except as expressly provided by a separate service level agreement. Such circumstances include, in particular:

  • distributed denial-of-service (DDoS) attacks and other third-party attacks on the Provider's infrastructure;
  • outages, failures and maintenance at hosting providers, data centres, backbone and regional telecom operators, and power supply interruptions;
  • access restrictions, blocking, traffic filtering and other measures by government authorities, telecom operators and third parties, including regional restrictions and censorship;
  • failures of third-party networks, services and software accessed by the Customer or used to deliver traffic.

17.7. Upon the occurrence of the circumstances specified in clause 17.6, the Provider takes reasonable measures to restore the operation of the Services and informs Customers of the progress by the means available to it.

18. Intellectual Property​

18.1. The exclusive rights to the Platform, the Client Software, the documentation, the design, the trademarks and other intellectual property belong to the Provider. This Agreement does not transfer them to the Customer.

18.2. The Customer may not use the Provider's trademarks and brand identity without its prior written consent, except for fair reference to the fact that the Services are used.

18.3. The Customer may send the Provider suggestions for improving the Services. The Provider may use such suggestions without restriction and without paying any remuneration.

18.4. Use of the Services to provide services to third parties is permitted within the scope provided by the selected Plan. Reselling access to the Services, as well as providing access to them to third parties for a fee outside the Customer's Organization, requires prior written approval from the Provider.

19. Warranties and Limitation of Liability​

19.1. THE SERVICES AND THE CLIENT SOFTWARE ARE PROVIDED "AS IS". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED AND ERROR-FREE OPERATION, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

19.2. The Provider applies organizational and technical data protection measures, including traffic encryption, storage of passwords as irreversible hashes, encryption of sensitive data at rest, access segregation and logging.

19.3. The Provider is not liable for:

  • the impossibility of using the Services for reasons beyond the Provider's control, including the circumstances listed in clause 17.6, failures of the Customer's equipment and communication channels, actions of providers and telecom operators, restrictions in third-party networks and decisions of authorities;
  • loss of or damage to Customer Data caused by the actions of the Customer, its End Users, or by the loss of credentials and keys;
  • the content of Customer Data and the lawfulness of its processing;
  • the consequences of settings made by the Customer, including traffic policies and access rules;
  • the operation of third-party software and services to which the Customer connects through the Platform.

19.4. The Provider's aggregate liability under this Agreement for any claims is limited to the amount actually paid by the Customer for the Subscription during the 12 (twelve) months preceding the event giving rise to the claim. With respect to the free Plan and the features referred to in clause 6.7, the Provider's liability is excluded to the maximum extent permitted by applicable law.

19.5. Under no circumstances is the Provider liable for lost profits, indirect, incidental or punitive damages, loss of business reputation, downtime or the cost of substitute solutions.

19.6. The limitations set out in this Section do not apply to liability for intentional harm and gross negligence, or in other cases where limitation of liability is not permitted by mandatory rules of applicable law.

19.7. The Services are not intended for use in systems whose failure may lead to loss of life, harm to health or environmental disaster, or as the sole means of ensuring the security of critical information infrastructure facilities.

20. Lawful Use, Sanctions and Export Restrictions​

20.1. The Customer undertakes not to use the Services to violate human rights and freedoms or for purposes prohibited by applicable law.

20.2. The Customer confirms that it is not included in the sanctions lists of the Republic of Armenia, the European Union, the United States or the United Nations, and undertakes not to grant access to the Services to persons included in such lists and not to re-export the Client Software in violation of applicable export restrictions.

20.3. In the event of a breach of this Section, the Provider may immediately block the Account and terminate the Agreement without compensation for losses and without refunding amounts paid.

21. Force Majeure​

21.1. The parties are released from liability for failure to perform or improper performance of obligations if it is caused by force majeure circumstances as determined under the law of the Republic of Armenia.

21.2. The party affected by such circumstances must notify the other party within a reasonable time. Once such circumstances cease, the Agreement continues to operate as usual.

22. Term, Amendment and Termination of the Agreement​

22.1. The Agreement enters into force upon Acceptance of the Offer and remains in effect until the Customer's Account is deleted or until termination on the grounds provided for in this Agreement.

22.2. The Provider may unilaterally amend this Agreement and the documents listed in clause 1.4. The new revision is published on the Website with the revision date indicated.

22.3. For Customers that are legal entities and individual entrepreneurs, amendments take effect upon publication of the new revision on the Website.

22.4. For Consumer Customers, amendments take effect no earlier than 7 calendar days after notification by email or through the Personal Account. If the Consumer does not agree with the amendments, it may withdraw from the Agreement; in this case the Agreement terminates at the end of the paid period, and the unused portion of the paid Subscription is refunded on a pro rata basis.

22.5. Amendments to the Agreement do not apply to Subscriptions already paid for and in effect, in terms of their price and the scope of functionality declared at the time of payment.

22.6. The Customer may withdraw from the Agreement at any time by ceasing to use the Services and deleting the Account. Amounts paid are not refundable, except in the cases provided for in Section 11.

22.7. The Provider may withdraw from the Agreement in respect of a Customer using only the free Plan, having notified it by email at least 14 calendar days in advance.

22.8. The Provider may withdraw from the Agreement in respect of a Customer who is not a Consumer, without stating reasons, by giving that Customer no less than 30 calendar days' notice by email. The Agreement terminates upon expiry of the notice period, but no earlier than the end of the paid Subscription period; automatic renewal does not take place from the date of the notice, and no refund of amounts paid is required. The Provider may cease providing the Services before the end of the paid period, refunding to the Customer the unused portion of the payment pro rata to the remaining period; no other losses of the Customer are compensated.

22.9. Termination of the Agreement does not affect the provisions of Sections 13, 14, 15, 16, 18, 19 and 23, which survive its termination.

23. Governing Law and Dispute Resolution​

23.1. This Agreement, its conclusion, interpretation, performance and termination are governed by the law of the Republic of Armenia, without regard to its conflict of laws rules.

23.2. The parties resolve all disputes and disagreements through negotiations. A pre-trial claim procedure is mandatory: a claim is sent in writing to the email address specified in Section 25 and is reviewed within 30 calendar days of receipt.

23.3. If no agreement is reached, the dispute is subject to consideration by a court of the Republic of Armenia at the Provider's location.

23.4. Clauses 23.1 and 23.3 do not deprive a Consumer Customer of the protection afforded by mandatory rules of the law of its country of residence. A Consumer Customer may bring proceedings before the court of its place of residence where this is provided by mandatory rules of the law applicable to it.

23.5. This Section governs disputes between the Customer and the Provider. Disputes arising from the Customer's relations with the Reseller (clause 10.2) regarding order processing, payment and taxes are governed by the Reseller's terms and by the law applicable to its relations with the purchaser.

23.6. The United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) does not apply to this Agreement.

24. Miscellaneous​

24.1. This Agreement is published in several languages. In the event of discrepancies between versions, the Russian version prevails.

24.2. The invalidity or unenforceability of any provision of this Agreement does not entail the invalidity of the remaining provisions.

24.3. The Customer may not assign its rights or transfer its obligations under this Agreement without the Provider's prior written consent. The Provider may assign its rights and obligations under this Agreement to a successor in the event of reorganization or transfer of rights to the Platform, having notified the Customer.

24.4. This Agreement, together with the documents listed in clause 1.4, constitutes the entire agreement of the parties in respect of its subject matter and supersedes all prior arrangements.

24.5. The Provider's failure to demand remedy of a breach does not constitute a waiver of the right to demand its remedy in the future.

24.6. Legally significant communications are sent by the parties to the following email addresses: to the Provider — to the address specified in Section 25; to the Customer — to the address specified by it in the Personal Account. The Customer must keep its email address up to date and is deemed to have received a communication on the next business day after it is sent.

24.7. In all matters not regulated by this Agreement, the parties are governed by the law of the Republic of Armenia.

25. Provider's Details​

Individual Entrepreneur Lev Aleksandrovich Aminov
Address: 3901, Republic of Armenia, Tavush Province, Dilijan
Taxpayer identification number (ՀՎՀՀ/TIN): 71062923
Email: info@tuna.am
Abuse reports: abuse@tuna.am

Authorized reseller (clause 10.2): PayPro Global Inc. and its affiliates.

Agent for accepting invoice payments in the Russian Federation (clause 10.3):

Individual Entrepreneur Evgeniy Sergeevich Medvedev
TIN: 661219749774