1. General Provisions
- 1.1. Tuningbot.com (hereinafter – “TUNINGBOT”) offers Internet users (hereinafter – the “User”) the opportunity to use its services on the terms and conditions of this User Agreement (hereinafter – the “Agreement”, “User Agreement”). This Agreement shall take effect upon the User’s express agreement with its terms according to Clause 1.4 hereof.
- 1.2. TUNINGBOT offers Users access to services including uploading, analysis and modification of files. All currently available services as well as their development and/or addition of new services shall be the subject of this Agreement.
- 1.4. By starting the use of any services/certain functions or going through the registration procedure, the User shall be deemed to have accepted the terms of this Agreement in full without any limitations or exceptions. If the User does not agree to any provisions of this Agreement, the User must not use TUNINGBOT services. If TUNINGBOT makes any amendments to this Agreement as prescribed by Clause 1.3 hereof to which the User does not agree, the User shall cease to use any TUNINGBOT services.
2. User Registration. User Account.
- 2.1. To use certain TUNINGBOT services or certain specific functions of services, the User shall complete registration to create a unique account.
- 2.2. Upon registration the User shall provide valid and complete information requested in the registration form and shall regularly update such information. If the User provides invalid information or TUNINGBOT has reasons to believe that any information provided by the User is incomplete or invalid, TUNINGBOT may at its discretion block or delete the User’s account or deny the User the use of any services (or certain functions).
- 2.3. TUNINGBOT shall reserve the right to require at any time that the User verify the information provided upon registration and to request supporting documents. Failure to provide these documents may, at TUNINGBOT’s discretion, be regarded as provision of invalid information and entail consequences according to Clause 2.2 hereof. In case the User’s information specified in the documents provided by him/her fails to conform to the information provided upon registration or if the information provided upon registration does not make it possible to identify the User, TUNINGBOT shall reserve the right to deny User’s access to the User account and to usage of TUNINGBOT services.
- 2.5. Means of access to the User’s account.
- 2.5.1. Upon registration the User shall provide a valid email address (which is used as login) and password to access the account. TUNINGBOT may prohibit the use of certain logins and impose other requirements on the login and password (length, permissible symbols, etc.).
- 2.6. The User shall be responsible for security of the chosen means of access to his/her account and for confidentiality of such means. The User shall be responsible for any actions (and their consequences) in and with TUNINGBOT services through the User’s account including voluntary transfer by the User of information required to access the User account to third parties on any conditions (including by contracts or agreements). Any actions in or with TUNINGBOT services performed through the User’s account shall be considered done by the User, except for the cases when the User as prescribed by Clause 2.7 hereof notifies TUNINGBOT of unauthorized access to TUNINGBOT services through the User’s account and/or any other breach (alleged breach) of confidentiality of the chosen means of access to his/her account.
- 2.7. The User shall promptly inform TUNINGBOT of any instances of unauthorized (not allowed by the User) access to TUNINGBOT services through the User’s account and/or any breach (alleged breach) of confidentiality of the chosen means of access to his/her account. For security reasons, the User shall securely log out after completing each session (Log Out button) of operating TUNINGBOT services. TUNINGBOT shall not be responsible for any potential loss or damage of information as well as any other consequences appearing as a result of failure by the User to comply with this part of this Agreement.
- 2.8. Account use by the User.
- 2.8.1. The User may not reproduce, duplicate or copy, sell, resell or use for any commercial purposes any parts of TUNINGBOT services (including content available to the User through services) or access to TUNINGBOT services, except when authorized by TUNINGBOT or it is directly stated in the user agreement for any service.
- 2.8.2. Certain categories of User accounts may restrict or disable the use of certain TUNINGBOT services or some of their options if required so by the registration or user terms and conditions regulating such services.
- 2.9. Account termination.
- 2.9.1. TUNINGBOT may block or delete the User’s account as well as prohibit access through any account to certain TUNINGBOT services and delete any content without giving reasons including in case the User violates the terms of this Agreement and terms of any documents listed in Clause 1.3 hereof and in case of failure to use a service.
- 2.10. User account deletion.
- 2.9.1. The User may at any time delete its account at all TUNINGBOT services or, if such option is available, terminate the account in respect of certain services. To delete an account the User must send a request to support service: info@TUNINGBOT.com.
3. General Usage and Storing Provisions
- 3.1. TUNINGBOT may impose restrictions on the use of services for all Users or certain categories of Users (depending on the User’s location, language of the service, etc.) including: availability/unavailability of certain service functions, period of storing tasks or files and any other content, maximum number of tasks or files by one registered user, maximum size of an file or disc space, maximum number of service uses in a certain period, maximum period of content storage, special parameters of downloadable content, etc. TUNINGBOT may prohibit automatic requests to its servers as well as terminate acceptance of any automatically generated information.
- 3.2. TUNINGBOT may send information messages to its users.
4. User Content
- 4.1. The User shall be responsible for compliance of any content posted by the User with applicable legal requirements including responsibility to third parties in case posting by the User of any content or its subject matter infringes on rights and legitimate interests of third parties including personal non-property rights of authors, any other intellectual property rights of third parties and/or encroaches on other intangible assets.
- 4.2. The User acknowledges and agrees that the TUNINGBOT can use the User content at its discretion and can reproduction of User content for compliance with technical requirements of a particular service.
5. Terms of TUNINGBOT Service Use
- 5.1. The User shall be responsible to third parties for any actions related to the use of TUNINGBOT service including any actions resulting in violation of rights and legitimate interests of third parties as well as compliance with laws upon using the TUNINGBOT service.
- 5.2. Upon using TUNINGBOT service, the User shall not:
- 5.2.1. violate third party rights including underage people and/or cause harm in any way;
- 5.2.2. impersonate any other person or representative of an organization and/or community without being authorized to do so;
- 5.2.3. assist any actions to violate any restrictions and prohibitions imposed by this Agreement;
- 5.2.4. otherwise violate legal standards including international law.
- 5.3. That would process the files the User should create the tasks for processing (hereinafter – “Processing Task”).
6. Exclusive Rights to Services and Content
- 6.1. Any objects available through TUNINGBOT services including design elements, ECU files, text, graphics, illustrations, video, software, databases and other objects (hereinafter – service content) as well as any content posted at TUNINGBOT services are exclusive property of TUNINGBOT, Users and other right holders.
7. No Guarantees, Limitation of Liability
- 7.1. The User uses TUNINGBOT services at his own risk. Services are provided as is. TUNINGBOT accepts not responsibility including for compliance of services with the User’s goals;
- 7.2. TUNINGBOT does not guarantee that services comply/will comply with User’s requirements; that services will be provided without interruptions, promptly, sustainably and without errors; that results received with the use of services are accurate and reliable and may be used for any purposes or in any capacity (for instance, for identification and/or verification of any facts); that the quality of any product, service, information, etc. received through the services will meet the User’s expectations;
- 7.3. Any information and/or materials (including ECU files, downloadable software, messages, any instructions and guidelines, etc.) which the User accesses through TUNINGBOT services may be used by the User at his own risk and the User shall be responsible for any potential consequences of the use of such information and/or materials including any damage to the User’s computer or third parties, any damage to the User’s vehicle or third parties or any other damage;
- 7.4. TUNINGBOT shall not be liable for any losses resulting from the User using TUNINGBOT services or separate parts/ functions of services;
- 7.5. If the User has claims to the quality of the services of TUNINGBOT, the User should contact with support service ticket
8. Other Provisions
- 8.1. This Agreement is an agreement between the User and TUNINGBOT regarding the procedure of using services and shall replace all previous agreements between the User and TUNINGBOT.
- 8.2. Nothing in this Agreement shall be interpreted as agency, partnership, mutual activities, employment or any other relations not directly stated in this Agreement.
- 8.3. If for any reasons one or several provisions of this Agreement are declared invalid or unenforceable, it shall not affect the validity or enforceability of the remaining provisions hereof.
- 8.4. Failure by TUNINGBOT to act in case of violation by the User or any other users of the provisions of this Agreement shall not deprive TUNINGBOT of the right to take action to protect its interests in the future and shall not be interpreted as waiver by TUNINGBOT of its rights in case of any future similar or identical violations.
9. Refund and Warranty policy
- 9.1. The maximum period during which User can make a claim on quality of processing of the files is 30 days. The start of this period is the time of payment of the order.
- 9.2. That would send the claim, the User must write in support ticket.
- 9.3. The User must provide detailed information in the claim about problems, including a description of the problem, photos, screenshots, and any other information that confirms the existence of the problem. On demand of the TUNINGBOT, the User must provide any additional information about problem.
- 9.4. The User acknowledges and agrees that TUNINGBOT has priority right, that would fix the problems specified by the User. The User must wait until the TUNINGBOT will fix the problem or notify the User that the problem cannot be fixed.
- 9.5. Refunds can only be made, if all the following conditions:
- 9.5.1. if the conditions of Clause 9.1 hereof;
- 9.5.2. if the conditions of Clause 9.2 hereof;
- 9.5.3. if the conditions of Clause 9.3 hereof;
- 9.5.4. if the TUNINGBOT acknowledged that there is a problem and notified this User by email address;
- 9.5.5. if the conditions of Clause 9.4 hereof;