User Agreement

1. General Provisions

1.1. TunForge offers the possibility to use its services to Internet users (hereinafter referred to as the "User") under the terms of this User Agreement (hereinafter referred to as the "Agreement", "User Agreement"). This Agreement enters into force from the moment the User expresses his/her consent to its terms in accordance with clause 1.4 of this Agreement.

1.2. TunForge provides Users with access to services, including uploading, analyzing and modifying files. All currently available services, as well as their development and/or addition of new services, are subject to this Agreement.

1.3. The use of TunForge services is governed by this Agreement, the Privacy Policy and the terms of use of certain services. This Agreement may be amended by TunForge without notice, and the new version of this Agreement shall enter into force from the moment of its publication on the Internet at the address specified in this clause, unless otherwise specified in the new version of the Agreement. The current version of the User Agreement is always available at https://tunforge.ru/agreement.

1.4. By starting to use any services/specific functions or by completing the registration procedure, the User is considered to have fully accepted the terms of this Agreement without any restrictions or exceptions. If the User does not agree with any provisions of this Agreement, he/she must not use the services of TunForge. If TunForge makes changes to this Agreement in accordance with clause 1.3 of this Agreement, with which the User does not agree, he/she must stop using the services of TunForge.

2. Purpose of Processing Users' Personal Data:

2.1. To use certain TunForge services or certain service functions, the user must register to create a unique account.

2.2. During registration, the user must provide correct and complete information requested in the registration form, and regularly update such information. If the user provides incorrect information or TunForge has reason to believe that any information provided by the user is incomplete or invalid, TunForge may at its discretion block or delete the user's account or prohibit the user from using any services (or specific functions).

2.3. TunForge reserves the right to require at any time that the user confirm the information provided during registration and request supporting documents. Failure to comply with these requirements may be considered by TunForge as providing invalid information and lead to consequences in accordance with clause 2.2. If the user's information indicated in the documents provided by him/her does not match the information provided during registration, or if the information provided during registration does not allow identifying the user, TunForge reserves the right to prohibit the user's access to his/her account and use of TunForge services.

2.4. Any personal information of the user contained in the user's account will be stored and processed by TunForge in accordance with the Privacy Policy (https://tunforge.ru/policy).

2.5. Methods of access to the user's account.

2.5.1. During registration, the user must provide a valid email address (which is used as a login) and a password to access the account. TunForge may prohibit the use of certain logins and set other requirements for login and password (length, allowed characters, etc.).

2.6. The user is responsible for the security of the access means chosen by him/her to his/her account and the confidentiality of such means. The user is responsible for any actions (and their consequences) in TunForge services through his/her account, including voluntary transfer by the User of information necessary to access the User's account to third parties on any terms (including under contracts or agreements). Any actions in TunForge services performed through the User's account are considered made by the User, except when the User, as provided in clause 2.7 of this Agreement, notifies TunForge of unauthorized access to TunForge services through his/her account and/or any other violation (alleged violation) of the confidentiality of the chosen means of access to his/her account.

2.7. The user immediately informs TunForge of any cases of unauthorized (not permitted by the User) access to TunForge services through his/her account and/or any violation (alleged violation) of the confidentiality of the chosen means of access to his/her account. For security reasons, the User must safely log out after completing each session (the "Log out" button) when using TunForge services. TunForge is not responsible for possible loss or damage of information, as well as for any other consequences arising from the User's failure to comply with this part of this Agreement.

2.8. Use of the User's account.

2.8.1. The user may not reproduce, copy, sell, resell or use for commercial purposes any parts of TunForge services (including content available to the User through the services) or access to TunForge services, except when TunForge has given permission for this, or this is directly indicated in the user agreement for any service.

2.8.2. Certain categories of user accounts may restrict or prohibit the use of certain TunForge services or some of their parameters, if required by registration or user terms governing such services.

2.9. Account termination.

2.9.1. TunForge may block or delete a user's account, as well as prohibit access through any account to some TunForge services and delete any content without explanation, including cases of user violation of the terms of this Agreement and the terms of any documents listed in clause 1.3 of this Agreement, as well as in case of non-use of the service.

2.10. Deletion of user account.

2.10.1. The user may at any time delete his/her account on all TunForge services or, if such option is available, terminate the account in relation to certain services. To delete the account, the user must send a request to the support service: support@tunforge.ru.

3. General Terms of Use and Storage

3.1. TunForge may impose restrictions on the use of services for all users or certain categories of users (depending on the user's location, service language, etc.), including: availability/unavailability of certain service functions, storage period of tasks or files and any other content, maximum number of tasks or files by one registered user, maximum file size or disk space, maximum number of service uses in a certain period, maximum storage period of content, special parameters of uploaded content, etc. TunForge may prohibit automatic requests to its servers, as well as stop accepting any automatically generated information.

3.2. TunForge may send informational messages to its users.

4. User Content

4.1. The user is responsible for compliance of any content posted by him/her with legal requirements, including liability to third parties, if the user's posting of any content or its content violates the rights and legitimate interests of third parties, including personal non-property rights of authors, any other intellectual rights of third parties and/or infringement of other intellectual property objects.

4.2. The user acknowledges and agrees that TunForge may use the User's content at its discretion and may reproduce the User's content to ensure compliance with the technical requirements of a particular service.

5. Terms of Use of TunForge Service

5.1. The user is responsible to third parties for any actions related to the use of TunForge service, including any actions leading to violation of the rights and legitimate interests of third parties, as well as compliance with legislation when using TunForge service.

5.2. When using TunForge service, the User must not:

5.2.1. violate the rights of third parties, including minors, and/or cause harm in any way;

5.2.2. impersonate any other person or representative of an organization and/or community without appropriate authority;

5.2.3. assist any actions aimed at violating the restrictions and prohibitions established by this Agreement;

5.2.4. otherwise violate legal norms, including international law.

5.3. To process files, the User must create processing tasks (hereinafter referred to as "Processing Task").

6. Exclusive Rights to Services and Content

6.1. Any objects available through TunForge services, including design elements, ECU files, text, graphics, illustrations, videos, software, databases and other objects (hereinafter referred to as service content), as well as any content posted on TunForge services, are the exclusive property of TunForge, users and other rights holders.

7. No Warranties, Limitation of Liability

7.1. The user uses TunForge services at his/her own risk. Services are provided "as is". TunForge is not responsible, including for the compliance of services with the user's purposes;

7.2. TunForge does not guarantee that services comply or will comply with user requirements; that services will be provided without interruption, quickly, steadily and without errors; that results obtained using services are accurate and reliable and can be used for any purposes or in any capacities (for example, for identification and/or confirmation of any facts); that the quality of any product, service, information, etc., obtained through services, will meet user expectations;

7.3. Any information and/or materials (including ECU files, downloadable software, messages, any instructions and guides, etc.) that the user accesses through TunForge services may be used by the user at his/her own risk, and the user is responsible for any potential consequences of using such information and/or materials, including any damage to the user's or third parties' computer, any damage to the user's or third parties' vehicle, or any other damage;

7.4. TunForge is not responsible for losses arising from the user's use of TunForge services or individual parts/functions of services;

7.5. If the user has claims regarding the quality of TunForge services, the user must contact the support service by email support@tunforge.ru.

8. Other Provisions

8.1. This agreement is an agreement between the User and TunForge regarding the procedure for using the service and replaces all previous agreements between the User and TunForge.

8.2. Nothing in this agreement shall be construed as agency, partnership, mutual activity, employment relationship or any other relationship not directly specified in this agreement.

8.3. If for any reason one or more provisions of this agreement are found to be invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions.

8.4. The inability of TunForge to take measures in case of violation by the User or other users of the provisions of this agreement does not deprive TunForge of the right to take measures to protect its interests in the future and shall not be construed as a waiver by TunForge of its rights in case of any future similar or identical violations.

8.5. Registration and payment of orders using foreign bank cards is carried out on the website https://tunservice.by using the services of LLC "Online Technologies" (Republic of Belarus, UNP 193725039). When performing these operations, the Payer/Client confirms that he/she has read and agrees with the terms of the contract posted at the link https://tunservice.by/contract-offer.

9. Refund Policy

9.1. The maximum period during which the User can file a claim regarding the quality of file processing is 30 days. The beginning of this period is the moment of order payment. This period will be calculated for each processing task independently and will not be transferred to other processing tasks.

9.2. To submit a claim, the User must send an email message to support@tunforge.ru from the email address that the User uses in his/her account. The User acknowledges and agrees that claims are not accepted if they were not sent to support@tunforge.ru from the email address that the User uses in his/her account. Claims can be processed only during technical support working hours - Monday-Friday, 9:00-17:00 Moscow time.

9.3. The User must provide detailed information in the claim about problems with the processing task, including a description of the problem, photos, screenshots and any other information confirming the existence of the problem. Upon request of TunForge, the User must provide any additional information about the problem.

9.4. The User acknowledges and agrees that TunForge has the priority right to fix problems with the processing task indicated by the User. The User must wait until TunForge fixes the problem or notifies the User that the problem cannot be fixed.

9.5. Refund of funds can be made only if all of the following conditions are met:

9.5.1. if the conditions of clause 9.1 of this Agreement are met;

9.5.2. if the conditions of clause 9.2 of this Agreement are met;

9.5.3. if the conditions of clause 9.3 of this Agreement are met;

9.5.4. if TunForge has acknowledged that there is a problem and has notified the User about it by email;

9.5.5. if the conditions of clause 9.4 of this Agreement are met.

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