1. Acceptance
By accessing or using Sustaine (the "Service"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, do not use the Service. You must be at least 16 years old to use Sustaine. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
2. Description of Service
Sustaine is an autonomous brand system generator that uses artificial intelligence to produce brand frameworks including market research, positioning, visual identity guidelines, voice and tone, and messaging. The Service is provided as-is, and outputs may require review and adaptation by the user. We reserve the right to modify, suspend, or discontinue any part of the Service at any time.
3. Account Terms
To access certain features, you must create an account. You are responsible for:
- Maintaining the confidentiality of your login credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized use
- Providing accurate and complete information when registering
We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.
4. Subscriptions & Billing
Sustaine is available via subscription plans as described on our pricing page. By subscribing, you authorize us to charge your payment method on a recurring basis (monthly or annually, depending on your plan) until you cancel. All fees are non-refundable except as required by law or at our sole discretion.
You authorize us to charge all subscription fees to the payment method you provide. If payment fails, we may suspend your account until payment is received. You are responsible for all taxes applicable to your subscription.
5. Cancellation
You may cancel your subscription at any time through your account dashboard. Cancellations take effect at the end of the current billing period — you will not receive a refund for the current period, but you will not be charged again after that. After cancellation, your account will revert to a limited-access or inactive state, and we may delete account data in accordance with our data retention policy.
6. Intellectual Property
Sustaine and its original content, features, and functionality are owned by Sustaine Inc. and are protected by international copyright, trademark, and other intellectual property laws. You retain ownership of the brand systems you generate through the Service ("Your Content"). By generating brand systems, you grant us a limited license to process and store Your Content as necessary to provide the Service.
You may not copy, modify, distribute, or create derivative works based on Sustaine's original content (including our AI outputs) without explicit permission, except as needed to use Your Content for your own business purposes.
7. User Content
You are solely responsible for Your Content — the brand briefs, text, and information you submit through the Service. You represent that you own or have the right to use all content you submit, and that it does not violate the rights of any third party or applicable law. We do not claim ownership over Your Content, but you grant us a limited license to use it to operate and improve the Service.
You may not submit content that is unlawful, harmful, threatening, defamatory, obscene, or otherwise objectionable.
8. Prohibited Uses
You agree not to use the Service to:
- Violate any applicable law or regulation
- Infringe on the intellectual property rights of any third party
- Transmit malware, viruses, or any harmful code
- Attempt to gain unauthorized access to our systems or other users' accounts
- Use the Service to build a competing product or service
- Resell or redistribute the Service without authorization
- Use automated systems or bots to access the Service without permission
- Harass, abuse, or harm other users
- Interfere with the normal operation of the Service
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. WE DO NOT GUARANTEE THAT THE OUTPUTS GENERATED BY THE AI WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR YOUR SPECIFIC NEEDS. YOU USE THE SERVICE AT YOUR OWN RISK.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUSTAINE INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE — INCLUDING ANY BRAND SYSTEM OUTPUT — EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of certain liabilities, so the above limitations may not apply to you.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the state and federal courts located in New York, NY for any disputes arising out of or relating to these Terms or the Service.
12. Changes to Terms
We reserve the right to modify these Terms at any time. For material changes, we will provide notice (e.g., email or a prominent notice on the Service) at least 30 days before the changes take effect. Your continued use of the Service after changes take effect constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service.
13. Contact
For questions about these Terms, contact us at:
Sustaine
Email: hello@sustaine.app
Website: sustaine.app/contact