1.1. These Terms of Service (the "Terms") constitute a legally binding agreement between TULPAR OÜ, a private limited company (osaühing) incorporated and existing under the laws of the Republic of Estonia, registry code 14927152, e-mail [email protected] ("TULPAR", the "Provider", "we", "us"), operating the website https://tulparsoft.com (the "Website"), and the natural or legal person ordering or using the Services (the "Customer", "you").
1.2. By creating an account, placing an order, making a payment, or otherwise using the Services, the Customer confirms that they have read, understood, and agree to be bound by these Terms, together with any order form, service specification, Service Level commitments, and the Privacy Policy published on the Website, which together form the entire agreement between the parties (the "Agreement").
1.3. If the Customer does not agree to these Terms, the Customer must not use the Services.
1.4. A person accepting these Terms on behalf of a legal entity represents and warrants that they have the authority to bind that entity.
1.5. These Terms are a standard-terms contract within the meaning of §§ 35–45 of the Estonian Law of Obligations Act (võlaõigusseadus).
3.1. TULPAR provides VPS, VDS, and cloud server hosting, related infrastructure services (including IP addressing, network connectivity, and data center capacity), and software services as described on the Website or agreed in an Order.
3.2. Unless an Order expressly states otherwise, the Services are provided on an unmanaged (self-managed) basis: TULPAR is responsible for the availability of the underlying infrastructure (host hardware, network, and virtualization layer), and the Customer is solely responsible for the administration, configuration, security, software, and content of their server instances, including the operating system and applications installed on them.
3.3. Service specifications (CPU, RAM, storage, bandwidth, traffic allowances, IP addresses) are set out in the applicable plan description or Order. Resources are provided for the Customer's reasonable use; fair-use limits may apply to shared resources as stated on the Website.
3.4. Third-party software or licenses resold or provisioned by TULPAR (e.g., operating systems, control panel licenses) remain subject to the license terms of the respective licensor, which the Customer must comply with.
3.5. TULPAR may use subcontractors and third-party data centers to provide the Services, remaining responsible for its obligations under the Agreement.
3.6. Provisioning times stated on the Website are indicative. The Service is deemed delivered when access credentials or provisioning details are made available to the Customer.
3.7. Where TULPAR provides custom software development or other professional services, their scope, fees, and acceptance procedure are agreed in a separate written statement of work; these Terms apply to such services unless the statement of work provides otherwise.
4.1. To order Services, the Customer must create an account and provide accurate, complete, and current information, and keep it updated for the duration of the Agreement.
4.2. The Customer must be at least 18 years old and have full legal capacity.
4.3. The Customer is responsible for maintaining the confidentiality of account credentials and for all activity occurring under their account. The Customer must notify TULPAR without undue delay of any unauthorized use of the account.
4.4. TULPAR may require identity or business verification (including for compliance with applicable anti-fraud, sanctions, or anti-money-laundering requirements) and may refuse or cancel an Order where verification fails, where the information provided is false or incomplete, or where the Order is suspected to be fraudulent.
4.5. The Customer may allow authorized users to use the Services under the Customer's account; the Customer remains fully responsible for their acts and omissions.
5.1. Fees for the Services are stated on the Website or in the Order. Unless stated otherwise, fees are payable in advance for the selected billing cycle (monthly, quarterly, annually, or as otherwise offered).
5.2. Unless stated otherwise, prices for Business Customers are exclusive of VAT; prices displayed to Consumers include VAT. VAT and other applicable taxes are charged in accordance with Estonian and EU VAT rules. For Business Customers established in another EU member state with a valid VAT number, the reverse-charge mechanism may apply.
5.3. Subscriptions renew automatically for successive periods equal to the initial billing cycle unless the Customer cancels the renewal via the Control Panel or in writing before the end of the current period. Renewal invoices are issued before the renewal date.
5.4. If payment is not received by the due date, TULPAR may, after notice, suspend the Services. If payment remains outstanding [14] days after the due date, TULPAR may terminate the affected Services and delete associated Customer Data in accordance with Section 8. For Business Customers, TULPAR may claim statutory default interest and reasonable collection costs under Estonian law.
5.5. TULPAR may change its prices with at least 30 days' prior notice. Price changes take effect at the start of the next billing cycle. If the Customer does not accept a price increase, the Customer may terminate the affected Service as of the date the change takes effect.
5.6. Except where mandatory law (including Consumer withdrawal rights under Section 16) or an express refund policy on the Website provides otherwise, fees paid are non-refundable, including for periods of suspension caused by the Customer's breach. In particular, the following are non-refundable once delivered, performed, or disclosed, as they cannot by their nature be returned: software license keys, activation codes, certificates, and other credentials; software development and other professional services already performed; domain name registrations; and setup or installation fees for work already carried out.
5.7. Chargebacks initiated without first contacting TULPAR to resolve a billing dispute constitute a material breach and may result in immediate suspension.
6.1. TULPAR targets a network and infrastructure availability of 99% per calendar month , excluding the events listed in clause 6.4.
6.2. If availability in a calendar month falls below the commitment in clause 6.1, the Customer's sole and exclusive remedy (except where mandatory law provides otherwise) is a Service Credit on the monthly fee for the affected Service, calculated as follows: availability below 99.0% but at least 98.0% — a credit of 10%; below 98.0% but at least 95.0% — 25%; below 95.0% — 50%. Service Credits must be claimed in writing within 30 days of the end of the relevant month, are applied against future invoices, may not exceed 50% of one monthly fee in aggregate per calendar month, and are not paid out in cash.
6.3. TULPAR may perform scheduled maintenance with reasonable advance notice (normally at least 48 hours) and emergency maintenance without prior notice where necessary to protect the security or integrity of the Services.
6.4. The availability commitment does not cover downtime caused by: (a) scheduled or emergency maintenance; (b) the Customer's acts, omissions, software, or configuration; (c) suspension under these Terms; (d) force majeure; (e) attacks (including DDoS) or other events outside TULPAR's reasonable control; or (f) third-party services not provided by TULPAR.
6.5. Support is provided via the channels stated on the Website. Unless a separate support plan is agreed, support covers the infrastructure operated by TULPAR and does not include administration of the Customer's operating system, applications, or data.
7.1. The Customer must not use the Services, and must not permit them to be used, to:
7.2. The Customer is solely responsible for Customer Data and for the activities of its own end users. TULPAR does not monitor Customer Data and acts as a hosting service provider within the meaning of Regulation (EU) 2022/2065 (Digital Services Act); TULPAR will act on valid orders of authorities and substantiated notices of illegal content in accordance with that Regulation and the Estonian Information Society Services Act.
7.3. On becoming aware of a violation of this AUP or of illegal content, TULPAR may remove or disable access to the relevant content, suspend the affected Service, and/or terminate the Agreement in accordance with Section 11, and may notify competent authorities where required by law.
7.4. Abuse reports may be submitted to [email protected].
8.1. The Customer retains all rights to Customer Data. TULPAR claims no ownership of Customer Data and processes it only to the extent necessary to provide the Services, comply with law, or as instructed by the Customer.
8.2. The Customer is solely responsible for backing up Customer Data, unless a separate backup service is included in the Order. Any backup feature provided with a plan is a convenience and does not relieve the Customer of this responsibility; TULPAR does not guarantee the existence, completeness, or restorability of backups unless expressly agreed in writing.
8.3. Upon termination or expiry of a Service, the Customer's server instances and Customer Data will be deleted. TULPAR may retain Customer Data for a grace period of 14 days after termination, after which it is permanently deleted without further notice, except where retention is required by law.
8.4. TULPAR may delete Customer Data earlier where termination results from a material breach of the AUP involving illegal content, or where required by a competent authority.
9.1. Each party shall comply with Regulation (EU) 2016/679 (GDPR) and the Estonian Personal Data Protection Act (isikuandmete kaitse seadus) to the extent applicable to it.
9.2. For personal data contained in Customer Data, the Customer is the controller (or a processor acting for a third-party controller) and TULPAR is a processor. The parties shall enter into a data processing agreement meeting the requirements of Article 28 GDPR (the "DPA"), published on the Website or provided on request, which forms part of the Agreement.
9.3. As processor, TULPAR shall: process personal data only on the Customer's documented instructions; implement appropriate technical and organizational security measures; ensure persons authorized to process the data are bound by confidentiality; assist the Customer, taking into account the nature of the processing, with data subject requests and with obligations under Articles 32–36 GDPR; notify the Customer without undue delay after becoming aware of a personal data breach affecting Customer Data; and delete or return personal data at the end of the Services in accordance with Section 8.
9.4. The Customer authorizes TULPAR to engage sub-processors (including data center and network providers) as listed in the DPA or on the Website; TULPAR will inform the Customer of intended changes, giving the Customer the opportunity to object as provided in the DPA.
9.5. The primary data location is stated on the Website or in the Order. Transfers of personal data outside the EU/EEA will only take place in compliance with Chapter V GDPR (e.g., adequacy decisions or standard contractual clauses).
9.6. For personal data of the Customer's own representatives (account, billing, and contact data), TULPAR acts as an independent controller as described in its Privacy Policy on the Website.
9.7. Compelled disclosure. TULPAR may disclose or provide access to Customer Data where and to the extent required by applicable law or by a binding order of a court or other competent authority. TULPAR will, where reasonably possible, verify the legal basis of the request, limit the disclosure to what is strictly required, and — unless prohibited by law — notify the affected Customer without undue delay. Requests from authorities of third countries are handled in accordance with Article 48 GDPR. Access to, or seizure of, Customer Data obtained by a public authority through coercive measures against TULPAR, its personnel, or its providers constitutes an act of a public authority within the meaning of Section 15 (Force Majeure), and TULPAR shall not be liable for such access; where it qualifies as a personal data breach, clause 9.3 applies. TULPAR may retain account, billing, and IP address assignment records for as long as necessary to comply with legal obligations and to establish, exercise, or defend legal claims, and may disclose such records to competent authorities upon a lawful request, including for the purpose of identifying the customer responsible for a given service or IP address at a given time.
10.1. TULPAR and its licensors retain all intellectual property rights in the Services, the Website, TULPAR software, documentation, and any materials provided by TULPAR. The Customer receives a limited, non-exclusive, non-transferable, non-sublicensable right to use them for the duration of the Agreement and solely for receiving the Services.
10.2. The Customer retains all intellectual property rights in Customer Data. The Customer grants TULPAR a limited license to host, store, transmit, and process Customer Data solely to provide the Services.
10.3. The Customer must not reverse engineer, decompile, or disassemble TULPAR software except to the extent such restriction is prohibited by mandatory law.
10.4. Feedback or suggestions voluntarily provided by the Customer may be used by TULPAR without restriction or compensation.
10.5. For custom software developed under a statement of work, the allocation of intellectual property rights is as agreed in that statement of work; absent such agreement, TULPAR retains ownership and grants the Customer a perpetual, non-exclusive license to use the deliverables for its internal business purposes upon full payment.
11.1. Term. The Agreement enters into force upon acceptance of these Terms and remains in force for as long as any Service is active.
11.2. Suspension. TULPAR may suspend a Service, in whole or in part, with notice where practicable, if: (a) payment is overdue (Section 5.4); (b) the Customer materially breaches the AUP or these Terms; (c) the Service is used in a way that threatens the security, integrity, or availability of TULPAR's infrastructure or third parties; (d) suspension is required by law or by order of a competent authority; or (e) verification under Section 4.4 fails. TULPAR will limit suspension to what is reasonably necessary and will restore the Service once the ground for suspension is remedied.
11.3. Termination for convenience. The Customer may terminate a Service at any time with effect from the end of the current billing period via the Control Panel or in writing. TULPAR may terminate a Service ordered for an indefinite term with at least 30 days' notice to the end of a billing period.
11.4. Termination for cause. Either party may terminate the Agreement or an affected Service with immediate effect by written notice if the other party materially breaches the Agreement and fails to cure the breach within 14 days of written notice (where the breach is curable), or materially breaches obligations whose violation cannot be cured (including serious AUP violations), becomes insolvent, or is subject to liquidation or bankruptcy proceedings.
11.5. Effect of termination. Upon termination: the Customer's right to use the Services ends; outstanding fees for the period up to termination become due; and Customer Data is handled in accordance with Section 8. Termination does not affect accrued rights of either party. Provisions which by their nature are intended to survive (including Sections 10, 13, 14, 18, and 19) remain in force.
12.1. TULPAR warrants that it will provide the Services with reasonable skill and care and substantially in accordance with the service descriptions.
12.2. Except as expressly stated in the Agreement and to the maximum extent permitted by applicable law, the Services are provided "as is" and "as available", and TULPAR disclaims all other warranties, express or implied, including fitness for a particular purpose and non-infringement. TULPAR does not warrant that the Services will be uninterrupted, error-free, or secure against all threats, or that they will meet the Customer's specific requirements.
12.3. TULPAR is not responsible for Customer Data, for software or configurations installed by the Customer, or for third-party products and services used with the Services.
12.4. Nothing in this Section limits the statutory rights of Consumers under mandatory Estonian or EU consumer protection law, including remedies for non-conformity of digital services under §§ 141¹ ff. of the Law of Obligations Act.
13.1. To the maximum extent permitted by applicable law, TULPAR's total aggregate liability arising out of or in connection with the Agreement, whether in contract, tort, or otherwise, is limited to the fees paid by the Customer for the affected Service during the 12 months preceding the event giving rise to the claim.
13.2. To the maximum extent permitted by applicable law, TULPAR shall not be liable for: (a) loss of profit, revenue, business, goodwill, or anticipated savings; (b) loss or corruption of data, except to the extent caused by TULPAR's failure to perform an expressly agreed backup obligation; or (c) indirect or consequential loss.
13.3. Nothing in the Agreement excludes or limits liability that cannot be excluded or limited under mandatory Estonian law, including liability for intentional breach or gross negligence (§ 106(2) of the Law of Obligations Act), or for causing death or damage to health.
13.4. For Consumers, this Section applies only to the extent permitted by mandatory consumer protection law.
13.5. Service Credits under Section 6 are the exclusive remedy for failure to meet the availability commitment, except in the cases described in clause 13.3.
14.1. The Customer (if a Business Customer) shall indemnify and hold harmless TULPAR, its officers, employees, and agents from and against all claims, damages, fines, and reasonable costs (including legal fees) brought by third parties or imposed by authorities arising from: (a) Customer Data; (b) the Customer's or its end users' use of the Services in breach of the Agreement or applicable law; or (c) the Customer's breach of Section 7 (AUP) or Section 9 (data protection obligations as controller).
14.2. TULPAR shall promptly notify the Customer of any such claim and allow the Customer to assume the defense, provided TULPAR may participate at its own cost and the Customer shall not settle a claim imposing obligations on TULPAR without TULPAR's consent.
15.1. Neither party is liable for failure or delay in performing its obligations (other than payment obligations) caused by circumstances beyond its reasonable control within the meaning of § 103 of the Law of Obligations Act, including natural disasters; fire, flood, explosion, or other physical damage to or destruction of data center, network, or power facilities (including facilities operated by TULPAR's providers); war, terrorism, civil unrest, labor disputes, acts of public authorities, widespread internet or power outages, failures of upstream providers, and large-scale cyber-attacks that could not reasonably have been prevented.
15.2. The affected party shall notify the other party without undue delay and use reasonable efforts to mitigate the effects. If a force majeure event continues for more than 30 days, either party may terminate the affected Service with written notice, in which case prepaid fees for undelivered periods will be refunded pro rata.
16.1. A Consumer has the right to withdraw from a distance contract within 14 days of its conclusion without giving any reason, in accordance with §§ 52–56¹ of the Law of Obligations Act. To exercise this right, the Consumer may use the model withdrawal form available on the Website or submit any unequivocal statement to TULPAR's contact address in Section 1.
16.2. If the Consumer requests that the provision of the Services begin during the withdrawal period, the Consumer shall, upon withdrawal, pay TULPAR an amount proportionate to the Services provided until the time of withdrawal.
16.3. The right of withdrawal does not apply (or expires) in the cases provided by law, including where the Service has been fully performed with the Consumer's prior express consent and acknowledgment that the right of withdrawal is thereby lost, or, for digital content supplied online, where supply has begun with the Consumer's prior express consent and such acknowledgment.
16.4. Refunds due on withdrawal are made without undue delay and no later than 14 days after TULPAR is informed of the withdrawal, using the same means of payment the Consumer used, unless agreed otherwise.
17.1. TULPAR may amend these Terms for good reason, including changes in law, changes to the Services, security requirements, or changes in market or technical conditions.
17.2. Material amendments will be notified to the Customer at least 30 days before they take effect, by e-mail or via the Control Panel. The current version of the Terms is always available on the Website.
17.3. If the Customer does not accept a material amendment, the Customer may terminate the affected Service free of charge with effect from the date the amendment takes effect. Continued use of the Services after that date constitutes acceptance of the amended Terms.
17.4. Amendments that are purely beneficial to the Customer, editorial, or required by law may take effect without the notice period in clause 17.2.
18.1. The Agreement is governed by the laws of the Republic of Estonia, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). For Consumers, this choice of law does not deprive them of the protection of mandatory provisions of the law of their country of habitual residence.
18.2. The parties shall first attempt to resolve disputes amicably by written negotiation.
18.3. For Business Customers, disputes that cannot be resolved amicably shall be settled by Harju County Court (Harju Maakohus) in Tallinn, Estonia, as the court of first instance.
18.4. A Consumer residing in Estonia may also turn to the Consumer Disputes Committee (tarbijavaidluste komisjon) at the Estonian Consumer Protection and Technical Regulatory Authority (www.ttja.ee). Consumers residing in the EU may use the European Commission's online dispute resolution platform at ec.europa.eu/consumers/odr. Mandatory jurisdiction rules protecting Consumers remain unaffected.
19.1. Notices. Notices under the Agreement shall be given in writing (including e-mail) to TULPAR's contact address in Section 1 and to the Customer's e-mail address on file. A notice sent by e-mail is deemed received on the next business day.
19.2. Assignment. The Customer may not assign the Agreement without TULPAR's prior written consent. TULPAR may assign the Agreement to an affiliate or in connection with a merger, acquisition, or sale of business, with notice to the Customer.
19.3. Severability. If any provision of the Agreement is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision shall be replaced by a valid one that most closely reflects its purpose.
19.4. No waiver. Failure to enforce a provision is not a waiver of the right to enforce it later.
19.5. Entire agreement. The Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior understandings. In case of conflict, an individually agreed Order or statement of work prevails over these Terms.
19.6. Language. These Terms are drawn up in English. If translated, the English version prevails to the extent permitted by mandatory law.
19.7. Export control and sanctions. The Customer warrants that it is not subject to EU, UN, or other applicable sanctions and shall not use the Services in violation of export control or sanctions laws.
19.8. Contact. TULPAR OÜ, registry code 14927152, · e-mail: [email protected] · https://tulparsoft.com
Version 1.2 — effective as of 01.09.2026.
Last updated: September 1, 2026
TULPAR OÜ ("we", "us", or "our") operates https://tulparsoft.com (the "Service"). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website or use our services.
Please read this privacy policy carefully. If you do not agree with the terms of this privacy policy, please do not access the site or use our services.
We may collect the following types of information:
We use the information we collect for the following purposes:
We may share your information with the following third-party service providers:
These third parties have their own privacy policies governing how they use your information.
We use cookies and similar tracking technologies to track activity on our Service and hold certain information.
You can manage your cookie preferences through your browser settings.
We will retain your personal information for 2 years or as long as necessary to fulfill the purposes outlined in this privacy policy, unless a longer retention period is required or permitted by law.
If you are a resident of the European Union or European Economic Area, you have the following rights:
Our Service is not intended for children under 18 years of age (or 20 in certain jurisdictions). We do not knowingly collect personal information from children. If you are a parent or guardian and believe your child has provided us with personal information, please contact us immediately.
If you have any questions about this Privacy Policy, please contact us:
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the "Last updated" date at the top of this policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.