TERMS OF USE

Last updated: 24.05.2025.

INTRODUCTION AND ACCEPTANCE OF TERMS
By using the TUNNEL application/website (hereinafter referred to as the 'Service'), you accept the following Terms. The Service is operated by TUNNEL TECH DOO (hereinafter referred to as 'TUNNEL TECH'), registered in Serbia (Company ID: 22078097, registered office: Crkvena 11, Požega). Minors may use the Service only with parental consent.
GENERAL TERMS
By accessing and ordering Services through TUNNEL TECH, you confirm that you agree to and are bound by the terms of this document. These terms apply to all TUNNEL TECH Services and all communication (email, messages, etc.) between you and TUNNEL TECH.
Under no circumstances shall TUNNEL TECH be liable for any direct, indirect, special, incidental or consequential damages, including (but not limited to) loss of data or profit, arising from the use or inability to use TUNNEL TECH Services, even if TUNNEL TECH has been advised of the possibility of such damages. If the use of TUNNEL TECH Services results in the need for servicing, repair or correction of equipment or data, you shall bear all costs.
TUNNEL TECH shall not be responsible for any consequences that may arise during the use of our resources. We reserve the right to change pricing and usage policies at any time.
LICENSE
TUNNEL TECH grants you a limited, non-exclusive, non-transferable license to use the software in accordance with the business model and to use the Service strictly in accordance with these Terms. These Terms constitute a contract between you and TUNNEL TECH ('we', 'our') which grants you a revocable license to use the Services. The license is granted based on the selected subscription model (monthly/annual).
DEFINITIONS AND KEY TERMS
Cookie: A small amount of data generated by the website and stored by your browser. Used for identification, analytics and remembering preferences (e.g. language).
Company: TUNNEL TECH with registered office at Crkvena 11, Požega, responsible for your data.
Country: Republic of Serbia, where TUNNEL TECH is registered.
User: A legal or natural person using the Services.
IP Address: A unique number assigned to a device when connecting to the Internet.
Personal Data: Data that enables identification of an individual (in accordance with GDPR and Serbian data protection law).
RESTRICTIONS
You agree that you will not (and will not allow others to):
  1. Unauthorized commercial exploitation of the platform (resale, rental or further distribution of the software to third parties).
  2. Copy, modify, decrypt or reverse engineer any part of the Service without written consent of the Owner.
  3. Use the Application for illegal activities or violation of third-party rights.
  4. Remove or alter copyright or trademark notices.
It is strictly prohibited to:
  • Upload copyrighted content without proof of license.
  • Use the software for playback of audio content without appropriate licenses in accordance with local laws.
  • Bypass piracy detection systems (Audio fingerprinting).
TERMINATION AND SUSPENSION
We reserve the right to immediately terminate or suspend access to any user who:
  • Violates these Terms.
  • Endangers the security of the Application or other users.
  • Uses the Application for illegal activities.
In case of account termination, the user loses the right to a refund unless otherwise agreed.
SUBSCRIPTION AND BILLING
Subscription is per license and may be monthly or annual.
  • Monthly license: Automatically renews every month unless cancelled.
  • Annual license: Automatically renews after 12 months.
Prices are in RSD/EUR including VAT (20% for Serbia). For the EU, VAT is applied according to the user's country. Failed payments may result in suspension of the license.
Cancellation: The user may cancel the subscription at any time via their account. Cancellation takes effect at the end of the current period. Refunds are not possible except in cases prescribed by law.
Price Changes: Prices may be changed with 30 days prior notice sent via email.
REFUND POLICY
Thank you for your purchase. If you are not satisfied with the product, please contact us at tunnel-sales@smarty.rs.
  • Serbia: Right to a refund within 14 days of purchase (Serbian Consumer Protection Law). Refund is possible only if the service has not been used.
  • EU: Right to a full refund without explanation within 14 days of purchase (Directive 2011/83/EU).
DATA PROTECTION
Personal data is processed in accordance with:
  • Serbian Data Protection Law.
  • GDPR for EU users.
Data is collected exclusively for billing and service personalization.
Personal data we may process includes: IP addresses, email, traffic metadata (anonymized where possible).
All data is encrypted and stored on EU servers with an adequate level of protection.
We use SSL encryption and protection against DDoS and other attacks in accordance with GDPR Article 32.
Users have the right to:
  • Access their data.
  • Correction or deletion of data.
  • Withdrawal of consent.
  • Filing a complaint with the competent authority.
YOUR FEEDBACK
All suggestions, ideas or feedback you provide become our exclusive property. We may use them without obligation of compensation or attribution.
YOUR CONSENT
By using the Services, registering or purchasing, you agree to these Terms.
LINKS TO OTHER WEBSITES
We are not responsible for the content, terms or practices of third parties. We recommend reviewing the terms of each website.
COOKIES
We use cookies to ensure functionality, personalize content and for analytics. They do not contain personal data. By using our Service, you agree to the use of cookies in accordance with our Cookie Policy. Users may manage cookie settings or refuse them. Disabling cookies may limit functionality.
CHANGES TO TERMS
We reserve the right to amend these Terms with 30 days notice. Continued use constitutes acceptance of the new Terms.
COPYRIGHT
All content is protected by the Copyright and Related Rights Law of the Republic of Serbia. To report a copyright infringement, please send a notice to tunnel-copyright@smarty.rs, including:
  1. Your contact information
  2. Signature of the rights holder
  3. Description of the infringed material
  4. Statement of good faith
  5. Electronic signature of the authorized person
  6. Identification of the copyrighted work
  7. URL of the infringing content within the application
  8. Statement: 'We believe in good faith that the use is not authorized'
  9. Statement: 'The information provided is accurate under penalty of perjury'
AUDIO CONTENT AND LICENSING
The user assumes exclusive responsibility to:
  • Possess all necessary licenses for public use and playback of audio content used through Tunnel Player software.
  • Ensure legal coverage for all territories where audio is played.
  • TUNNEL TECH does not provide, distribute or guarantee legality of any audio content.
  • The user must keep license proofs and provide them upon request within 48 hours.
  • Repeated violations result in permanent account suspension.
  • Licensing obligations exist under the laws of each country where the software is used.
  • TUNNEL TECH acts solely as a technical software provider.
  • All legal responsibility lies entirely with the user.
Note: Commercial use without valid licenses may constitute a legal violation.
DISCLAIMER
Services are provided 'AS IS'. Liability is limited to the license amount.
  • Continuous availability
  • Accuracy or timeliness
  • Absence of harmful software
CONTENT OWNERSHIP
  • TUNNEL TECH claims no ownership over any content used by the user.
  • All content remains property of the user or third parties.
  • TUNNEL TECH has no technical ability or obligation to verify legality.
CONTENT STORAGE
TUNNEL TECH does not guarantee permanent storage of user content.
LEGAL ADVICE
Information provided is for informational purposes only and does not constitute legal advice.
INDEMNIFICATION
The User agrees to indemnify and hold harmless TUNNEL TECH, its directors, employees, and partners from any and all claims, damages, losses, and expenses (including reasonable legal fees) arising from:
  • Copyright infringement related to audio content.
  • False claims regarding ownership of licenses.
  • Unauthorized use of third-party content.
FORCE MAJEURE
We are not liable for delays caused by extraordinary events.
DISPUTE RESOLUTION
  1. Serbia: Disputes shall be resolved before the competent court in Požega.
  2. EU: Consumers may initiate proceedings in their own country.
  3. Arbitration: Arbitration in Serbia under Serbian Chamber of Commerce rules.
CONTACT
TUNNEL TECH DOO
Address: Crkvena 11, 31210 Požega, Srbija
Company ID: 22078097
Email: tunnel-sales@smarty.rs