1. Parties and acceptance
These Terms of Service (the “Terms”) form a binding agreement between the person or entity using the Service (“Customer”, “you”) and Individual Entrepreneur Grishechko Aleksei Sergeevich, trading as TUNDRÄ (“TUNDRÄ”, “Seller”, “we”, “us”). Seller registration details and addresses are stated in the Seller Information.
You accept these Terms when you create an account, submit a real task, sign or accept an Order Form, select a required acceptance checkbox, purchase a subscription, or otherwise ask us to begin paid work. If you act for an organisation, you represent that you have authority to bind it. If you do not have that authority, you accept these Terms personally.
2. Documents forming the agreement
The agreement includes, in descending order of priority where there is a conflict:
- a signed or electronically accepted Order Form or Statement of Work;
- the Data Processing Addendum, for personal data processed on your behalf;
- these Terms;
- the Billing and Subscription Terms and Cancellation and Refund Policy;
- the Service Scope and Fair Use Policy;
- the Acceptable Use Policy; and
- any written task-specific scope accepted by both parties in the portal or by email.
A Customer purchase from Lava.top is also subject to Lava.top’s buyer-facing terms and privacy policy. Lava.top’s terms govern its platform and payment processing; they do not replace these Terms governing the work performed by TUNDRÄ.
3. Eligibility and accounts
- You must be at least 18 years old and legally capable of entering into the agreement.
- You must provide accurate, current information and keep it updated.
- You are responsible for account credentials, authorised users and all actions taken through your workspace.
- You must notify us promptly of suspected unauthorised access and cooperate with reasonable security measures.
- Accounts may not be sold, transferred or shared outside your organisation without our written approval.
We may require reasonable identity, business, tax, authority or sanctions-screening information before accepting work or releasing deliverables. We do not restrict registration merely by geography, but we may refuse or suspend a transaction where required by law, a payment provider, a platform policy, a sanctions rule or a material security risk.
4. Demo workspace and free test
4.1 Demo workspace
A standard registration may open a workspace containing synthetic examples. Demo records are labelled “Demo”, are not evidence of client volume or results, and are excluded from the live team queue. The workspace owner may permanently remove them.
4.2 Free test
The free test covers up to three eligible real tasks, one active workstream, and ends when three tasks are completed or seven calendar days after the test starts, whichever occurs first. We may decline or re-scope work that is unsafe, unlawful, outside the published scope, dependent on unavailable access, or disproportionate for the test.
No card is required for the free test. It does not automatically convert to a paid plan. Paid work begins only after your separate, explicit purchase of a subscription, task package or accepted Order Form. Recurring charges begin only when you expressly purchase a subscription.
5. Formation of a paid order
Website descriptions and prices are invitations to place an order unless expressly identified as a binding offer. Your order is accepted when (a) payment is confirmed and we send an order or activation confirmation, or (b) both parties accept an Order Form, whichever applies. If a price, availability or technical error is obvious, we may reject the order and refund any amount received.
The order confirmation, these Terms and the policies linked at checkout are provided electronically and may be retained by you. You should save a copy. Electronic records, portal actions and email confirmations may be used to evidence the agreement.
6. The Service
TUNDRÄ supplies ongoing web development, design, maintenance, quality assurance and related digital production services through a managed task queue. “Unlimited requests” means that you may keep an unlimited number of eligible requests in the queue; it does not mean unlimited simultaneous work, hours, output, revisions or guaranteed capacity. Detailed inclusions, exclusions, active work limits and task rules are in the Service Scope.
The Founder Deal supplies 25 task credits for a one-time fee. One credit is reserved when an eligible task enters the queue and is consumed on delivery. Unused credits must be submitted within 12 months of successful payment, and one task may be active at a time. The detailed credit, cancellation and scope rules are in the Service Scope.
Maintain includes an initial-response SLA of four hours and Grow includes an initial-response SLA of two hours, as defined in the Service Scope. These SLAs cover acknowledgement and first triage, not a guaranteed completion or incident-resolution time. Other estimates and “usual” turnaround times are good-faith operational targets unless a signed Order Form expressly states otherwise. We may split, sequence, clarify, pause or decline a task where reasonably necessary.
7. Customer responsibilities
You must:
- provide timely instructions, content, decisions, access and a technically suitable environment;
- ensure you have rights and permissions for all materials, systems, data and accounts you provide;
- maintain appropriate backups or authorise us to create them before risky production changes;
- review previews and completed work within a reasonable time;
- comply with laws, platform rules, licences, privacy obligations and marketing-consent requirements relevant to your business;
- place necessary credentials only in the portal Secrets area, a Customer-approved password manager or a time-limited invitation; never place them in ordinary task comments or attachments, and never upload payment-card data or seed phrases; and
- pay third-party licences, hosting, applications, fonts, stock assets and similar costs unless expressly included.
You authorise us and our personnel to access and modify the systems identified in an accepted task to the extent reasonably necessary to perform it. Checkout, payment, legal, analytics, destructive, production-launch and other high-risk changes may require explicit approval. Delay caused by missing access, content, approvals or third-party failures extends the schedule.
8. Fees, taxes and subscriptions
Prices, billing intervals, renewal terms and payment procedures are set out at checkout and in the Billing and Subscription Terms. Public plan prices are stated in United States dollars unless shown otherwise. You authorise recurring charges only by expressly selecting a subscription and confirming the recurring-payment terms.
You are responsible for taxes, duties and charges imposed on you or your purchase, except taxes imposed on our net income. If the law requires withholding, a Business Customer must provide evidence and reasonably cooperate so the parties can obtain available relief. Consumer prices will be presented inclusive of mandatory taxes where applicable and technically supported.
9. Cancellation, withdrawal and refunds
You may cancel renewal at any time in accordance with the Cancellation and Refund Policy. Cancellation normally stops future renewal and does not retroactively cancel work already supplied. Consumers retain all mandatory statutory cancellation, withdrawal, conformity and refund rights.
Where a Consumer asks us to begin during a statutory withdrawal period, the Consumer expressly requests early performance and, where law permits, agrees to pay a proportionate amount for services supplied before withdrawal. A right of withdrawal is lost after full performance only where the applicable law permits that result and all required consents and acknowledgements were given.
10. Changes, review and acceptance
We will provide a reasonable opportunity to review completed work. Unless an Order Form states otherwise, you should report a reproducible defect or material failure to meet the accepted task within seven days after delivery. We will use reasonable efforts to correct verified in-scope defects. New preferences, changed instructions and third-party changes are new tasks, not defects.
For Business Customers, work is deemed accepted on the earliest of: express approval; deployment or commercial use; payment of a task-specific final invoice; or seven days without a documented material objection. This deemed-acceptance rule does not reduce a Consumer’s mandatory remedies.
11. Intellectual property
11.1 Customer materials
You retain ownership of materials you provide. You grant us a worldwide, non-exclusive, royalty-free licence during the agreement to host, copy, modify and use them only to deliver, secure and support the Service and comply with law.
11.2 Deliverables
Subject to full payment, we assign to you the transferable intellectual-property rights we own in deliverables created uniquely for you and identified as final. To the extent an assignment is not legally effective, we grant you an exclusive, perpetual, worldwide licence to use, modify and commercialise those deliverables.
11.3 Background materials
We retain ownership of pre-existing and generic tools, methods, templates, libraries, know-how, workflows and components that are not unique to you. Where they are embedded in a deliverable, we grant you a perpetual, worldwide, non-exclusive licence to use and modify them as part of that deliverable. Open-source and third-party materials remain subject to their own licences.
11.4 Portfolio
We will not publicly disclose confidential work or use your non-public brand assets in a portfolio without permission. Publicly launched, non-confidential work may be referenced factually only where permitted by the applicable agreement and law; you may opt out at any time by contacting us.
12. Confidentiality
Each party will protect non-public information marked confidential or reasonably understood to be confidential, use it only for the agreement, and disclose it only to personnel and providers who need it and are bound by confidentiality duties. This does not cover information independently developed, lawfully received without restriction, publicly available without breach, or required to be disclosed by law. Where legally permitted, the receiving party will give advance notice of compelled disclosure.
13. Personal data
Our processing as an independent controller is described in the Privacy Notice. When we process personal data contained in your systems or task materials solely on your documented instructions, the Data Processing Addendum applies. You remain responsible for deciding whether disclosure to us is lawful and for providing required notices and instructions.
14. Third-party services
Websites commonly depend on hosting providers, CMS platforms, plugins, app stores, payment services, analytics, APIs and other third parties. Their terms, availability, security, pricing and changes are outside our control. We are not responsible for a third party’s independent act or failure, but will use reasonable efforts to diagnose and mitigate an issue within the purchased scope. You authorise us to accept routine technical terms on your behalf only where necessary for an approved task; material paid commitments require your approval.
15. Warranties
We warrant that we will perform the Service with reasonable skill and care. We do not warrant uninterrupted operation, a particular commercial result, search ranking, conversion rate, compatibility with every device, or continued operation of third-party systems. Except for express warranties and mandatory consumer guarantees, the Service is provided on an “as available” basis to the fullest extent permitted by law.
16. Liability
Nothing excludes liability that cannot legally be excluded, including liability for fraud, wilful misconduct, death or personal injury caused by negligence where applicable, or mandatory consumer remedies.
For Business Customers only: neither party is liable for indirect or consequential loss, loss of profit, revenue, goodwill, anticipated savings or data, except to the extent caused by a breach of confidentiality or data-protection obligations. Each party’s total aggregate liability arising from the Service is limited to fees paid or payable for the three months immediately preceding the event giving rise to the claim. This cap does not apply to payment obligations, infringement caused by Customer materials, fraud, wilful misconduct, or liabilities that cannot lawfully be capped.
You are responsible for maintaining recoverable copies of business-critical data. We are liable for data restoration costs only to the extent directly caused by our failure to exercise reasonable skill and care and subject to the limitations above.
17. Business-customer indemnity
A Business Customer will defend and indemnify us against third-party claims arising from Customer materials, unlawful instructions, lack of required rights or consents, or use of a deliverable contrary to the agreement, except to the extent caused by our breach. We will give prompt notice and reasonable control of the defence, and no settlement may impose an admission or non-monetary duty on us without consent.
18. Suspension and termination
We may suspend affected access or work where payment is overdue, an account creates a material security risk, use violates the AUP, required access is unavailable, or continuation would likely breach law or third-party rules. Where practicable, we will give notice and an opportunity to cure. Either party may terminate for an uncured material breach after reasonable written notice; immediate termination is permitted for fraud, illegality, deliberate abuse or an unmanageable security risk.
On termination, accrued fees remain due, licences conditional on payment remain conditional, and each party will return or delete confidential information subject to legal retention. Account export and deletion follow the Privacy Notice and DPA.
19. Governing law and disputes
The agreement is governed by the laws of the Russian Federation, without regard to conflict-of-law rules. Before filing a claim, the parties should send a written description and allow 30 days for good-faith resolution.
For Business Customers: disputes are subject to the competent courts at the Seller’s registered location unless an Order Form states another lawful forum. For Consumers: this choice does not deprive you of mandatory protection or jurisdiction rights under the law of your habitual residence, and you may bring a claim in any court available under that law.
20. General terms
- Neither party may assign the agreement without consent, except to a successor to substantially all relevant business and subject to Consumer rights.
- We are independent contractors; the agreement creates no employment, partnership, fiduciary or agency relationship.
- Failure to enforce a term is not a waiver. Invalid provisions are modified only as much as necessary; the remainder continues.
- Neither party is liable for delay caused by events beyond reasonable control, but payment obligations already accrued remain due.
- Headings are for convenience. “Including” means “including without limitation”. Electronic writing satisfies a writing requirement where permitted.
21. Changes and contact
The version accepted for an existing paid billing period continues to govern that period. We may update these Terms prospectively. Material changes affecting an active subscription will be notified by email or in the portal before they take effect where required. Continued renewal after the effective date constitutes acceptance only where legally permitted; otherwise we will request consent.
Questions, notices and complaints may be sent to support@tundraa.dev or to the business address in the Seller Information.