Updated April 10, 2023

TUN, Inc. (“TUN“) requires that all visitors to our website (TUN.com), web apps, or mobile apps (collectively referred to as the “Site“) agree to the terms of these “Terms of Use” in order to access or use the Site. By using this Site, you are implicitly agreeing to comply with these “Terms of Use” and accompanying “Privacy Policy.” If you are not willing to agree to these Terms of Use, do not access this Site. The terms “you,” “your,” and “yours” refer to you, the visitor to this Site. The terms “TUN,” “we,” “us,” and “our” refer to TUN, the host of this Site. 

License to Use the Site

Subject to these Terms of Use, we grant to you a limited, personal, non-exclusive, and non-transferable license to use this Site for your personal use, and not for resale or further distribution (the “Limited License”). Your right to use this Site is limited by the terms set forth in these Terms of Use. Except for the Limited License granted to you, we retain all right, title, and interest in and to this Site, including all related intellectual property rights. Applicable intellectual property laws, including the United States Copyright Law and international treaties, protect this Site.

Except as otherwise explicitly provided in these Terms of Use or as may be expressly permitted by applicable law, you may not (and shall not permit or authorize third parties) to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of this Site; (b) rent, lease, or sublicense access to this Site; (c) circumvent or disable any security or technological features or measures of this Site; (d) reverse assemble, reverse compile, decompile, translate, or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of this Site (except to the extent such restrictions are contrary to applicable law); (e) use any automated or programmatic method to extract data or output from this Site, including scraping, web harvesting, or web data extraction (except to the extent such restrictions are contrary to applicable law); or (f) send us any personal information of children under 13 years of age or the applicable age of digital consent.

Access and Registration

You must be at least 13 years old to use this Site. If you are under 18, you must have your parent or legal guardian’s permission to use this Site. If you use this Site on behalf of another person or entity, you must have the authority to accept the Terms of Use on their behalf. You must provide accurate and complete information to register for an account. You may not make your access credentials or account available to others, and you are solely responsible for any and all activities that occur using your credentials, whether or not you are the individual who undertakes such activities. You shall immediately notify TUN if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. 

Compliance With the Law

You must comply with all applicable laws, including United States export control laws, when using this Site. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not (and will not permit anyone else to): (a) store, copy, modify, distribute, or resell any of the (i) information, (ii) audio, visual, and audiovisual works, or (iii) other content, made available on this Site (“Site Content”), or compile or collect any Site Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use this Site or store, copy, modify, distribute, or resell any Site Content; (c) rent, lease. or sublicense your access to this Site to another person; (d) use this Site or Site Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Site; (f) use this Site in a manner that threatens the integrity, performance, or availability of this Site; or (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of this Site or Site Content.

Accuracy of TUN AI

TUN uses artificial intelligence in connection with all TUN AI products, including TUN’s Scholarship Bot. Artificial intelligence and machine learning are evolving fields of study. While we are constantly working to improve TUN AI to make it more accurate, reliable, safe, and beneficial, machine learning is probabilistic in nature. As a result, the use of TUN AI may, in certain situations, result in incorrect results. You should evaluate the accuracy of any results from TUN AI as appropriate for your use case. Furthermore, by using TUN AI, you agree that we cannot predict when issues might arise with any of our TUN AI products. 

Community Content

This Site allows registered community members to post user-generated content to their private school community. If you are a registered community member and post any content to your school community, you: (a) agree that TUN is free to use such community posts (“Submission”) without further compensation, acknowledgement, or payment to you for any purpose whatsoever; (b) grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicensable, worldwide license and the right to display, use, perform, reproduce, modify, distribute, and create derivative works of the Submission in any media, software, or technology of any kind now existing or developed in the future; and (c) represent and warrant that public posting and use of your Submission by TUN will not infringe on, or violate, the rights of any third party.

Furthermore, by joining your school community, you agree that we do not control or direct what community members do or say and that we are not responsible for their actions or conduct (whether online or offline), or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).

Linking to This Site

Framing of this Site as part of other websites, in-line linking, or any other manner of incorporating parts of this Site as part of another website, is not permitted without TUN’s prior written consent.

Third-Party Links & Content

This Site may contain links to third-party products, services, and websites, but we exercise no control over them, do not endorse them, are not responsible for their performance, and are not in any way liable for any of their content, advertising, or other materials made available as such. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of, or reliance on, any goods or services available through such third party products, services, and websites.

Any opinions, advice, statements, services, offers, information, or other available content that constitutes part of the content expressed or made available by third parties on this Site (collectively, “Third-Party Content”) are those of the respective authors or producers and not of TUN, or its shareholders, directors, officers or employees. Under no circumstances, will TUN, its shareholders, directors, officers, or employees be held liable, directly or indirectly, for any loss or damage caused by your reliance on any Third-Party Content obtained through this Site. It is your responsibility to evaluate any Third-Party Content on this Site. 

Use Restrictions

You are solely responsible for any content and other material that you submit, publish, or display on this Site, or transmit to other members and/or other website users. You will not use this Site to: (a) upload, post, email, or otherwise transmit any Submission that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, or racially, ethnically, or otherwise objectionable material, or to invade another’s privacy; (b) upload, post, email, or otherwise transmit any Submission that contains Child Sexual Abuse Material or any content that exploits or harms children; (c) harm TUN or third parties in any way; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (e) upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload, post, email, or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party; (g) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation; (h) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (i) interfere with or disrupt this Site, servers, or networks connected to this Site, or disobey any requirements, procedures, policies, or regulations of networks connected to this Site; (j) intentionally or unintentionally violate any applicable local, state, national, or international law or regulation; (l) “stalk” or otherwise harass another; (k) write comments that in any way refer to persons under 13 years of age; or (m) collect or store personal data about other users. If you see content on this Site that violates any of these use restrictions, please contact TUN immediately.

Disclaimer of Warranties

YOUR USE OF THIS SITE AND SITE CONTENT IS AT YOUR SOLE RISK. THIS SITE AND SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TUN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS SITE AND SITE CONTENT, AND ANY RELIANCE BY YOU IS CONSEQUENTLY AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THIS SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TUN OR THROUGH THIS SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

Limitation of Liability

TUN WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF TUN HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THIS SITE AND ITS CONTENT. FURTHER, UNDER NO CIRCUMSTANCES WILL TUN’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF, OR RELATED TO, YOUR USE OF THIS SITE OR ITS CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), EXCEED ONE HUNDRED DOLLARS ($100), IRRESPECTIVE OF THE FORUM OF LITIGATION AND THE UNDERLYING CAUSE OF ACTION OR CLAIM, WHETHER ALLEGEDLY ARISING FROM CONTRACT, TORT, OR OTHER LEGAL THEORIES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at copyright@tun.com and provide, in writing, the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed upon, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (c) identification of the URL or other specific location on this Site where the material that you claim is infringing is located; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or the one authorized to act on the copyright owner’s behalf. TUN’s agent for notice of claims of copyright infringement on this site can be reached using the contact information above.

Indemnity

You will indemnify and hold TUN, and its subsidiaries, affiliates, directors, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of this Site or Site Content, your violation of these Terms of Use, or your violation of any rights of a third party through the use of this Site or Site Content.

Updates to this Site

We may occasionally update this Site and these Terms of Use. When we do, we will revise the “last updated” date, but you should check the Site and Terms of Use frequently to keep abreast of recent changes. Your continued use of this Site after such changes will be subject to the then-current terms of use. This version of the Terms of Use shall supersede all earlier versions. While this Site is currently offered at no charge to users, TUN reserves the right to charge users for access to all or part of it. If TUN begins charging for access to this Site, it will notify users by updating these Terms of Use and may notify you by email to the address provided by you when registering for this Site.

Legal Notices

These Terms of Use, and the enforcement thereof, are governed by New York state law, without regard to its conflicts and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of, or related to, these Terms of Use or your use of this Site will lie in the State and Federal courts located in New York, New York, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of TUN to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by TUN in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.

Contacting TUN

If you have any questions or concerns about this Site or these Terms of Use, please send us a thorough description by email to info@tun.com.