1. General
a) The legal name of the entity providing services and/or software is AutoTuner OÜ (from now on Service Provider).
b) The legal address of the Service Provider is:
AutoTuner OÜ
Väike-Paala 2
11415 Tallinn
Estonia
c) The e-mail address of the Service Provider is .
d) The phone number of the Service Provider is (legal inquiries only (lawyer), do not use for support).
2. Description of goods
a) You are purchasing pre-paid credits, which can be used for licensing digital content (services and/or software) from the catalogue of the Service Provider.
b) The credits do not expire and can be used at any time after the purchase for licensing digital content provided by the Service Provider. The credits are consumed after the digital content has been delivered to the customer.
c) Documentation and the possibility to test compatibility of the services and/or software are made available free of charge to all customers (and potential customers) by the Service Provider before licensing. It is thus the customers (or potential customers) responsibility to exercise due diligence and verify that a service meets their needs before committing to any purchase of credits intended for the licensing of a specific service and/or software.
3. Third party suppliers
a) The rights to withdrawal and dispute resolution listed in these terms are only applicable for credits purchased directly from the Service Provider.
b) In case of credits purchased from third party suppliers, all rights are granted by the respective supplier and any disputes resolved with the respective supplier.
c) The Service Provider is not liable for any issues experienced with third party suppliers and is not responsible for solving them.
4. Delivery of goods
a) When purchasing credits directly from the billing system via a payment processor the goods are delivered instantly upon payment.
b) When purchasing credits through a supplier the delivery of the credits and any contractual obligations are handled solely by the supplier.
5. The right of withdrawal
a) Business customers have no right of withdrawal. A refund may be requested and may or may not be granted upon the sole discretion of the Service Provider. If granted the business customer is responsible for paying all payment processor related fees (and any other possible fees) and only the difference is refunded.
b) Natural persons have a 14 day right of withdrawal until the credits have been consumed for licensing digital content. Upon accepting these terms, you waive your right of withdrawal from the moment the purchased credits have been used to license digital content.
6. Warranty disclaimer and limitation of liability
a) The services and/or software are provided on an “as is” basis. AutoTuner OÜ disclaims as far as legally permissible all warranties relating to the services and/or software, whether expressed, implied or statutory, including but not limited to any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, compatibility or non-infringement.
b) AutoTuner OÜ does not warrant that the services and/or software will meet your requirements or be uninterrupted, secure or error-free.
c) Neither AutoTuner OÜ nor anyone else who has been involved in the creation, production, or delivery of the services and/or software (“suppliers”) shall be liable for any special, indirect, consequential, incidental or punitive damages (including but not limited to lost revenues, profits and/or savings) arising out of the use or inability to use such services and/or software, even if AutoTuner OÜ has been advised of the possibility of such damages or claims.
d) The person using the services and/or software bears all risk as to the quality and performance of the services and/or software.
e) The entire liability of AutoTuner OÜ and its suppliers, and your exclusive remedy, with respect to the use of the services and/or software or any breach of this agreement are limited to the amount actually paid by you, if any, for use of the services and/or software. You hereby release AutoTuner OÜ and such other persons from any and all obligations, liabilities and claims in excess of this limitation.
f) You agree that any claim or cause of action arising out of or related to use of the services and/or software or this agreement must be filed within two (2) years after such claim or cause of action arose or be forever barred.
g) You are solely responsible for selection, installation and launch of the software and/or selection and usage of the services and for backing up your data and files, and hereby release us and our suppliers from any liability or damages due to the loss of any such data or files.
h) AutoTuner OÜ is not liable for any inappropriate or illegal use of the software.
7. Online Conduct
a) By accepting these terms you agree:
1) not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the website, services or servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming;
2) not to use any automated process, use any kind of scripting software, bots or service to access and/or use the site and/or services;
3) not to access any grpc webservice endpoints using third party software; and
4) not to use the billing system account of another customer at any time, whether with or without his/her permission.
b) Failure to comply with these terms will result in billing account termination including invalidation of all login/access credentials and where applicable legal action to the maximum extent permissible by law.
8. Resolving disputes
a) The place of exclusive and international jurisdiction is Tallinn, Estonia.
b) All disputes are resolved through negotiations between parties. If no satisfactory result is reached through negotiations, the dispute is resolved in Harju County Court (Harju Maakohus) based on Estonian law and regulations.
c) Natural persons may lodge a complaint with the Consumer Protection Agency (www.tarbijakaitseamet.ee) and take advantage of the mediation process without having to involve court processes beforehand.