These Terms of Service (the “Terms”) form a binding agreement between you and Tuninbits Pvt Ltd (“Tuninbits”, “we”, “us”) when you access or use our website at tuninbits.com, our client portal, expert portal, admin portal, or any related product (collectively, the “Services”).
By creating an account or using the Services, you agree to these Terms. If you don’t agree, don’t use the Services.
1The role we play
Tuninbits operates a managed product studio. We provide the platform, project management, quality review, and contractual framework that lets Clients commission digital products and lets Experts deliver them.
Depending on the engagement, Tuninbits acts either as the principal (we are the contracting party with the Client and we subcontract Experts) or as a coordinating agent (you contract directly with an Expert and we facilitate). The applicable model is identified in your project documents.
2Eligibility
You must be at least 18 years old and able to enter into a binding contract under the laws of your country. By using the Services you confirm that you meet these criteria.
We may refuse, suspend, or terminate accounts at our discretion, including where required to comply with sanctions, anti-money laundering, or other legal obligations.
3Accounts
Creation
You are responsible for keeping your account credentials secure. Notify us immediately at security@tuninbits.com if you suspect unauthorized access.
Information accuracy
You agree to provide accurate, current, and complete information and to keep it updated. We rely on this information for contracts, payments, and tax compliance.
4Briefs, projects, and deliverables
Submitting a brief
Clients submit project briefs through the client portal. A brief is a request for a quote — it does not create a binding contract until we issue a proposal and you accept it (typically by paying the proforma invoice).
Proposals and pricing
Each project is governed by its proposal, which sets out scope, milestones, timeline, fees, and any project-specific terms. Where the proposal conflicts with these Terms, the proposal controls for that project.
Acceptance of deliverables
Deliverables are reviewed by Tuninbits QA before release. Once released to you, you have 7 calendar days to raise written objections; otherwise the deliverable is deemed accepted.
5Payment terms
Invoices
We issue proforma invoices for each milestone. On payment we issue a tax invoice. Invoices are payable in the currency stated and within the period stated on the invoice (typically 14 days, net of bank charges).
Refunds
Fees for completed and accepted deliverables are non-refundable. Where work has not yet started or has been materially defective, refunds are at our discretion and require dual approval internally; we will respond within 14 days of a written request to billing@tuninbits.com.
Taxes
Fees are exclusive of taxes unless stated otherwise. You are responsible for any sales, GST, VAT, withholding, or similar taxes that apply in your jurisdiction. Where we are required to withhold or collect taxes, we will do so.
Late payment
Overdue amounts may be subject to interest at 1.5% per month or the maximum rate permitted by law, whichever is lower, plus reasonable collection costs.
6Intellectual property
Your content
You retain ownership of any briefs, content, or materials you submit. You grant Tuninbits and assigned Experts a worldwide, non-exclusive, royalty-free license to use that content solely to deliver your project.
Deliverables
On full payment for a milestone, IP rights in the corresponding deliverable are assigned to you, except for: (a) pre-existing tools, libraries, frameworks, and snippets we used to build it; (b) generic know-how and processes; (c) any third-party components subject to their own licenses (open source, vendor SDKs, fonts). We grant you a perpetual, worldwide, royalty-free license to use those pre-existing items as embedded in the deliverable.
Showcase
We may reference the existence of our work for you (your company name, logo, project category, and a high-level description) in case studies and on our website unless you specifically opt out in writing.
7Confidentiality
Each party agrees to keep the other’s confidential information confidential and to use it only as needed to perform under these Terms or the relevant project. This obligation survives termination for three (3) years, except for trade secrets (which survive for as long as the information remains a trade secret).
8Anti-circumvention
For the term of any active project and for twelve (12) months afterwards, you agree not to engage Experts (or staff introduced through Tuninbits) directly outside the platform. We monitor messages and meeting metadata to detect circumvention attempts; confirmed violations may result in account suspension and a placement fee equal to one year of the Expert’s annualized engagement.
9Acceptable use
You agree not to:
- Use the Services for unlawful, fraudulent, or deceptive purposes.
- Upload or transmit malware, exploit code, or content that infringes intellectual property or privacy rights.
- Attempt to bypass security controls, rate limits, or authentication.
- Use the Services to spam, harass, or harm other users, our staff, or third parties.
- Probe, scan, or test the vulnerability of the Services without our prior written consent (responsible-disclosure requests are welcome at security@tuninbits.com).
10Disclaimers
The Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim all warranties — express, implied, or statutory — including warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components, or that defects will be corrected. Specific service-level commitments, if any, are set out in your proposal or a separate service-level agreement.
11Limitation of liability
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill — even if advised of the possibility of such damages.
Each party’s total aggregate liability under these Terms will not exceed the fees paid or payable by the Client to Tuninbits for the project giving rise to the claim, in the twelve (12) months before the event giving rise to liability.
These limits do not apply to liability for death or personal injury caused by negligence, fraud, willful misconduct, or any liability that cannot be limited under applicable law.
12Indemnification
Each party will defend, indemnify, and hold the other harmless from third-party claims arising out of (a) its breach of these Terms, (b) its violation of law, or (c) its infringement of a third party’s rights through its own content. The indemnifying party controls the defense of any such claim and must obtain the other party’s consent before settling on terms that affect the other party.
13Suspension and termination
Either party may terminate these Terms (or a project) for material breach not cured within thirty (30) days of written notice. We may suspend or terminate accounts immediately for security incidents, payment defaults, or violations of the acceptable use clause.
On termination: (a) you must pay all fees outstanding as of the termination date; (b) we will deliver work-in-progress for accepted milestones; (c) confidentiality, IP, indemnity, and limitation of liability terms survive.
14Changes to the Services or Terms
We may change the Services or these Terms from time to time. Material changes will be notified via email or an in-product banner at least fourteen (14) days before they take effect. Continuing to use the Services after the effective date means you accept the updated Terms.
15Governing law and disputes
These Terms are governed by the laws of India. Any dispute arising out of or in connection with these Terms will be submitted to the exclusive jurisdiction of the courts of Bengaluru, India, except that either party may seek interim or injunctive relief in any court of competent jurisdiction.
16General
Entire agreement
These Terms, the Privacy Policy, and any project-specific proposal or order form together form the entire agreement between you and Tuninbits and supersede prior agreements on the same subject matter.
Assignment
You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of substantially all of our assets.
Severability
If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be reformed to the minimum extent necessary to make it enforceable.
No waiver
Failure to enforce any right is not a waiver of that right.
Notices
Legal notices to us must be sent to legal@tuninbits.com and to our registered office. Notices to you may be sent to the email associated with your account.