Terms of Use
Last Updated: August 2024 (Please read the agreement carefully.)
Sustainify (“Sustainify,” “we,” “us,” or “our”) provides blockchain software development, consulting and training. By emphasizing the application of decentralized technologies, we facilitate the improvement and streamlining of business processes.
Sustainify is an ABGG brand. For the purposes of these terms, "Sustainify" refers to ABGG Global Grubu Yatırım Medya Yazılım Mağazacılık Tekstil ve Ticaret Limited Şirketi for operations within Turkey, and ABGG Europe Holding OÜ for operations outside of Turkey. By accessing or using our services, you agree to be bound by these Terms of Use and all applicable laws and regulations.
This Agreement, comprising these Terms of Use and their appendix (collectively referred to as "Terms," "Terms of Use," or "Agreement"), outlines the conditions governing your access to and usage of our Site (www.sustainify.ee and all of its sub-domains will be referred as the "Site" from now on.) and our products/services. It constitutes a binding contract between us and you or the entity you represent. We urge you to review these Terms thoroughly before engaging with the Site or our products/services. Your acceptance of these Terms is indicated by any of the following actions: using the Site, selecting an acceptance button or checkbox when available, accessing any our products/services, or otherwise utilizing our products/services. By doing so, you signify your agreement to these Terms, any supplementary conditions that may apply, and consent to our information handling practices. Should you disagree with these Terms or be unwilling to fulfill the obligations herein, you may not access or use our products/services.
You represent to us that you are lawfully able to enter into contracts. If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity.
1. Our Products and Services
1.1 Your access to and utilization of our products/services is permitted solely within the framework established by this Agreement. You commit to adhere to the stipulations set forth in this Agreement, as well as all relevant laws, regulations and guidelines applicable to your engagement with our products/services.
1.2 We may offer technical or product support, information, advice, or guidance regarding our products/services. While we strive for reliability in all support provided by or on behalf of Sustainify, we make no express or implied warranties or representations concerning its accuracy, completeness, or potential outcomes. This support is provided for informational purposes only. By accepting such support, you affirm that you possess adequate skill and experience to appropriately select, use, and apply our products/services and you do so at your own discretion and risk.
1.3 Except in cases of gross negligence, you agree to hold us harmless for any negative outcome resulting from the support we provide. You acknowledge the risk of support impersonation by malicious third parties and agree that we bear no responsibility for such impersonators' actions. Furthermore, you recognize that we do not offer support via other platforms, and we will never request your private key, secret recovery phrase, or any payment.
2. User Accountability
2.1 By using our services, you accept full responsibility for all activities associated with your usage, whether performed by you, your staff, or any third parties acting on your behalf. This includes authorized and unauthorized actions. We bear no liability for any unauthorized access to our services, including incidents resulting from fraud, phishing, or other malicious activities targeted at you. It is your duty to ensure that your use of our services complies with all relevant laws and regulations.
2.2 You are solely responsible for the proper configuration, use, and security of our products/services, including securing, protecting, and backing up your accounts and/or your content, using encryption where available, and promptly installing any software updates or upgrades. You must securely record and maintain any passwords or secret recovery phrases associated with your use of our products/services, acknowledging that storing such information digitally increases the risk of compromise. You agree not to share any password or secret recovery phrase with us or any third party and understand that we are not liable for consequences resulting from the disclosure of such credentials. Furthermore, we assume no responsibility for the theft of a secret recovery phrase resulting from unauthorized access to your personal device or a cloud provider's data repository. Using our products/services constitutes acceptance of these security obligations.
2.3 Any login details and API keys provided to you are exclusively for your personal use and should not be shared, sold, or transferred to any other individual or organization, except for authorized agents or subcontractors working directly under your supervision.
3. Changes
3.1 We reserve the right to modify, discontinue, or remove features from any of our products/services at any time. We will make reasonable efforts to notify you of any discontinuation through our website or public channels. We will aim to provide at least 30 days notice before discontinuing our products/services and will strive to continue support for up to three months after, unless doing so poses security, legal, or significant technical or economic challenges.
3.2 We may update this Agreement or related policies at any time, and it's your responsibility to review them regularly for changes. While we will make reasonable efforts to notify you of material changes through our website, email, or public channels, your continued use of our products/services after any changes are posted constitutes your acceptance of those changes, regardless of whether you were aware of them.
4. Payment and Fees
4.1 Our products require a one-time license fee upon purchase. A recurring monthly fee is also required following the initial license purchase. This fee covers both our continuous operational support and, most significantly, the fluctuating costs associated with the decentralized infrastructure you utilize. As you choose your preferred decentralized network, the monthly fee will adjust accordingly to reflect the specific fees of that network. Training and consulting services require a single, upfront payment with no recurring fees. We reserve the right to request additional payment for services or usage exceeding the scope of your current plan. Failure to make timely payments may result in service interruption or suspension of product access.
4.2 Both parties are legally responsible for identifying and paying all applicable taxes, governmental fees, and any related penalties or interest associated with the transactions and payments outlined in this Agreement.
5. Temporary or Permanent Suspension
5.1 We retain the right to immediately suspend your access to all or part of our products/services if we determine your usage poses a security risk, could negatively impact our systems or those of other users, could expose us or others to liability, or is in violation of the law. We may also suspend your access if you or any of your end users breach this Agreement, fail to meet your payment obligations for 30 days or more, or, for entities, if you cease operations, file for bankruptcy, or enter into similar proceedings.
5.2 During any period of suspension, you remain responsible for all incurred fees and charges and will not be entitled to any credits for the suspended period. This ensures the continued operation and security of our brand and protects all users.
6. Property Rights
6.1 We or our licensors own all rights to our products/services and related technology. Upon payment of the applicable operational fees, we grant you a limited, non-exclusive, and non-transferable license to use our products/services in accordance with this Agreement and to copy and use our content solely for that purpose. You do not acquire any ownership rights to our products/services or related intellectual property. Certain content may be subject to separate licenses, such as open source licenses, which will take precedence over this Agreement in case of conflict.
6.2 By offering suggestions to us or our affiliates, you grant us unrestricted rights to use those suggestions. You also irrevocably transfer all ownership of those suggestions.
7. Termination
7.1 Either party can terminate the Agreement for any reason with 30 days written notice. Either party can also terminate for a material breach of this agreement if the breach isn't resolved within 30 days of notification. We also retain the right to terminate immediately for reasons outlined in Section 5, if our partnership with a technology provider changes, or to avoid violating the law.
7.2 Upon termination, your rights under this agreement end, and you remain responsible for any outstanding fees. Key provisions of this agreement will remain in effect to ensure proper enforcement and protection of both parties, even after termination. This includes resolving any disputes arising from your previous use of our products/services.
7.3 Any one-time fees paid at the start of your service are non-refundable, even after termination of this agreement. This includes initial license fees or other upfront payments.
8. Indemnity
8.1 You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and their respective employees, officers, directors, and representatives from and against any losses arising from your breach of this Agreement or violation of applicable law or disputes between you and your customers or users. You will also reimburse us for reasonable attorneys' fees and expenses associated with such claims.
8.2 You are responsible for protecting Sustainify and its affiliates from any claims that your content infringes on someone else's intellectual property rights. You agree to defend us against these claims and cover the costs of any resulting judgments or settlements.
8.3 We are not responsible for any infringement claims arising from your use of our products or services in combination with other products, services, or content. Additionally, we are not liable for any issues resulting from your continued use of our products/services after we have instructed you to stop using them. This clarifies that the responsibility lies with you to ensure your use of the services, especially in conjunction with other tools or content, does not infringe on any intellectual property rights. It also emphasizes that you must adhere to instructions regarding service usage, as continued use after a notification to discontinue absolves us of any resulting liability.
9. Disclaimer
9.1 We provide our products/services "as is" and make no warranties of any kind, express or implied, about their functionality, security, or reliability. You acknowledge that you are not relying on any warranties from Sustainify beyond those explicitly stated in this agreement.
9.2 Our products/services rely on emerging technologies like blockchain protocols, which carry inherent risks. These include potential misuse of cryptographic keys, failure to update software, and the inherent volatility and security risks associated with blockchain-based systems and digital assets. You understand and accept these risks, acknowledging that Sustainify does not control any blockchain protocol. You are solely responsible for your interactions with these technologies and any associated losses. You also understand that blockchain transactions are irreversible and that Sustainify cannot recover lost private keys or secret recovery phrases.
9.3 You are responsible for understanding and utilizing any safety features provided in our products/services. You further understand that Sustainify is not responsible for verifying the legitimacy or safety of any third-party applications or tokens you may interact with using our products/services. You alone are responsible for any interactions or transactions with third parties, including those that may result in financial loss due to scams or fraud.
9.4 You agree that Sustainify is not responsible for the regulatory status or treatment in any jurisdiction of any digital assets that you may access or transact with using Sustainify products/services. You are solely responsible for understanding and complying with all applicable laws and regulations.
9.5 Our total liability, along with that of our affiliates, arising from this agreement will not exceed half of the initial one-time fee you paid for the products/services. This limitation applies regardless of the legal basis for the claim but does not limit your payment obligations. Sustainify is only liable for damages determined by a court or arbitrator.
9.6 Neither party, nor their affiliates, will be liable for any lost profits, revenues, goodwill, or indirect, special, incidental, consequential, cover, business interruption, or punitive damages arising from this agreement, regardless of the legal basis for the claim, even if the possibility of such damages was known.
9.7 You will not assign or otherwise transfer this Agreement or any of your rights and obligations under this Agreement, without our prior written consent.
9.8 Neither party, nor their affiliates, will be held responsible for delays or failures to fulfill their obligations under this Agreement if those delays or failures are caused by events outside their reasonable control. This includes, but is not limited to, natural disasters, utility outages, cyberattacks, pandemics, government actions, terrorism, or war.
9.9 We and you are independent contractors, and this Agreement will not be construed to create a partnership, joint venture, agency, or employment relationship.
9.10 This Agreement is written in English and all official communication related to it must be in English as well. While we may provide translations for convenience, the English version will always take precedence in case of any discrepancies.
9.11 We can send you notices about this Agreement in a few ways: by posting on our website, sending an email to the address linked to your account, displaying a notice in the relevant product/service interface, or through public communication channels. Notices posted online or publicly are effective immediately, while emailed notices are effective upon sending. It's your responsibility to keep your account email address up to date. You will be considered to have received any email sent to that address, whether or not you actually read it. You can also send us notices using the email addresses provided on our Contact page.