Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "Subscriber") and TunariVPN Sp. z o.o.("Tunari VPN", "we", "us", the "Service Provider"), and govern the provision of services by electronic means within the meaning of the Polish Act of 18 July 2002 on the Provision of Services by Electronic Means ("UŚUDE").

1. Service Provider

TunariVPN Sp. z o.o., registered office at ul. <PLACEHOLDER>, 00-000 Warsaw, Poland, entered into the Register of Entrepreneurs of the National Court Register (KRS) under no. <PLACEHOLDER_KRS>; NIP: <PLACEHOLDER_NIP>; REGON: <PLACEHOLDER_REGON>; share capital: <PLACEHOLDER_PLN> PLN. E-mail: support@tunarivpn.com.

2. Definitions

• Service — the Tunari VPN virtual private network service, including the website, applications, and supporting infrastructure.
• Account — an individual account created by the User to access the Service.
• User — a natural person, legal person, or unincorporated entity using the Service.
• Consumer (Konsument) — a natural person performing a legal act with the Service Provider that is not directly related to their business or professional activity, within the meaning of Article 22¹ of the Polish Civil Code.
• Entrepreneur (Przedsiębiorca) — a natural or legal person performing a legal act in the framework of their business activity.
• Entrepreneur-Consumer — a natural person concluding a contract directly related to their business activity, where it is apparent from the content of the contract that it does not have a professional character (Article 38a of the Consumer Rights Act).
• Subscription Plan — a paid plan granting access to the Service for a defined billing period.
• Order — the User's declaration of will to conclude a contract for the Service.

3. Conditions for Using the Service

Use of the Service requires acceptance of these Terms and the Privacy Policy. The User undertakes to use the Service in accordance with applicable law, these Terms, and the principles of social co-existence, and is prohibited from providing unlawful content (Article 8(3)(2)(b) UŚUDE).

The User must be at least 16 years of age. Consumers under 18 may use the Service only with the consent of their statutory representative.

4. Technical Requirements

To use the Service, the User needs:

• A device running iOS 16+, Android 10+, Windows 10+ or macOS 12+.
• An active internet connection.
• A modern web browser (latest two major versions of Chrome, Firefox, Safari, or Edge) with JavaScript and cookies enabled, for the web application.
• An active e-mail address.

5. Account Creation

An Account is created by submitting the registration form on our website or in our mobile application. The User confirms the e-mail address by clicking a link delivered by us. The contract for the maintenance of the Account is concluded for an indefinite period and may be terminated by the User at any time by deleting the Account.

6. Subscription Plans, Pricing and Billing

Prices of Subscription Plans are gross prices including VAT in the applicable rate. The following payment methods are available depending on the User's location and device:

• Stripe — card payments in USD or EUR (international Users).
• Severpay — SBP, MIR cards, in RUB (Users from the Russian Federation).
• Apple In-App Purchase — iOS application.
• Google Play Billing — Android application.

Subscriptions renew automatically at the end of each billing period at the price displayed at the time of purchase, until the User cancels. The User may cancel auto-renewal at any time in the account settings or in the App Store / Google Play subscription manager.

7. Right of Withdrawal (Consumer)

A Consumer (and an Entrepreneur-Consumer) has the right to withdraw from the contract concluded at a distance within fourteen (14) daysfrom the date of conclusion of the contract, without stating any reason and without incurring costs other than those listed below (Article 27 et seq. of the Polish Consumer Rights Act of 30 May 2014, «UPK»).

Loss of the right of withdrawal. Pursuant to Article 38(1) UPK, the right of withdrawal does notapply to a contract for the provision of a service for which the Consumer is obliged to pay the price, if the Service Provider has fully performed the service with the Consumer's prior express consent and the Consumer was informed before the commencement of the service that they will lose the right of withdrawal upon full performance of the service.

If the User requests the commencement of the Service before the expiry of the 14-day withdrawal period and subsequently withdraws from the contract, the User shall pay an amount proportional to the scope of the service already provided up to the moment of notifying us of the withdrawal (Article 35 UPK).

To exercise the right of withdrawal, the User must send an unequivocal statement (for example, by e-mail to support@tunarivpn.com) before the expiry of the 14-day period. The User may use the model withdrawal form annexed to the UPK, but it is not mandatory.

8. Refunds

Refunds resulting from the exercise of the right of withdrawal are returned within fourteen (14) days from receipt of the withdrawal statement, using the same means of payment used by the User for the original transaction, unless the User has expressly agreed otherwise.

Discretionary refunds outside the statutory right of withdrawal are governed by our Refund Policy.

9. Service Availability and Limitations

We make commercially reasonable efforts to ensure 99.5% monthly availability of the Service. We reserve the right to perform maintenance, updates, and necessary security operations that may temporarily limit availability; where possible, planned downtime will be announced in advance. We do not guarantee that the Service will be available without interruption or free from errors.

10. Acceptable Use

The User undertakes not to use the Service for any unlawful purpose, in particular not to:

• distribute, host, or transmit unlawful content, malware, or content infringing third-party rights;
• commit fraud, payment fraud, identity theft, or money laundering;
• engage in spam, phishing, or unsolicited bulk communications;
• perform attacks on third-party infrastructure (DDoS, port-scanning, brute-force);
• circumvent technical fair-use limits (in particular the limit of 10 simultaneous active sessions per Account).

A breach of this clause may constitute a material breach of these Terms and may result in suspension or termination of the Account, without prejudice to our claims for damages.

11. Termination

The User may terminate the contract for the maintenance of the Account at any time by deleting the Account in account settings or by contacting us. The Service Provider may terminate the contract with seven (7) days' notice for serious breach of these Terms that has not been remedied despite a prior request, or immediately in the case of unlawful use of the Service.

12. Liability

The liability of the Service Provider towards a Consumer is governed by the generally applicable provisions of Polish law, in particular the Polish Civil Code and the UPK; nothing in these Terms excludes or limits liability where such exclusion or limitation would be contrary to mandatory consumer-protection law. Towards Entrepreneurs (excluding Entrepreneur-Consumers), the Service Provider's liability for any direct damages is limited to the amount paid by the User for the Service in the twelve (12) months preceding the event giving rise to the claim; liability for lost profits is excluded.

13. Complaints Procedure

Complaints regarding the Service may be submitted by e-mail to support@tunarivpn.com. The complaint should include: the User's identification data, contact e-mail, a description of the circumstances, and the User's request. We will examine the complaint and respond to the User within 14 days of receipt. Failure to respond within this period is deemed acceptance of the complaint.

14. Out-of-Court Dispute Resolution — ADR / ODR

A Consumer has the right to use out-of-court means of complaint and redress, including:

• mediation before the Provincial Inspectorate of Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej);
• permanent consumer arbitration courts attached to the Provincial Inspectorates of Trade Inspection;
• assistance from the municipal or district Consumer Ombudsman (Rzecznik Praw Konsumenta).

A Consumer may also use the European Commission online dispute resolution platform (ODR) available at https://ec.europa.eu/consumers/odr/, in accordance with Regulation (EU) No 524/2013. The contact address of the Service Provider for the purposes of the ODR platform is support@tunarivpn.com.

15. Governing Law

These Terms and the contract for the Service are governed by the law of the Republic of Poland. The choice of law does not deprive a Consumer of the protection afforded by provisions which cannot be derogated from by agreement, by virtue of the law of the country in which the Consumer has their habitual residence (Article 6 of Regulation (EC) No 593/2008 — Rome I).

16. Jurisdiction

For disputes with Consumers, the competent court shall be determined in accordance with the generally applicable provisions of Polish law, in particular the Code of Civil Procedure (a Consumer may bring an action before the court of their domicile). For disputes with Entrepreneurs (excluding Entrepreneur-Consumers), the competent court is the court having jurisdiction over the registered office of the Service Provider in Warsaw.

17. Changes to the Terms

We may amend these Terms for important reasons (changes in law, changes in the scope of the Service, technical or security reasons). Registered Users will be notified of the changes by e-mail and via a notice on the website at least 14 days before they take effect. A User who does not accept the changes may terminate the contract within that period without notice. Continued use of the Service after the entry into force of the amended Terms is deemed acceptance of the amendments.

18. Final Provisions

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in force. The Polish version of these Terms is binding for Consumers with habitual residence in Poland; other language versions are provided for convenience.

Contact: support@tunarivpn.com. Postal address: TunariVPN Sp. z o.o., ul. <PLACEHOLDER>, 00-000 Warsaw, Poland.