Rokas
Legal Agreement

Terms and Conditions

Last Updated: April 13, 2025

Introduction

Welcome to Sustaina ("we," "our," "us," "Sustaina," or the "Company"). These Terms and Conditions ("Terms") govern your access to and use of our website, platform, applications, and AI-powered architectural and engineering solutions (collectively, the "Platform").

By accessing or using our Platform, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Platform. We recommend that you read these Terms carefully before using our Platform.

Our Platform provides AI-powered architectural and engineering solutions that connect architects, engineers, and suppliers with real-time collaboration tools and optimization capabilities. These Terms constitute a legally binding agreement between you and Sustaina regarding your use of the Platform.

Definitions

  • "Account" refers to a registered user profile on our Platform.
  • "Content" refers to all information, data, text, software, graphics, designs, and other materials that are uploaded, submitted, or displayed on the Platform.
  • "Project" refers to architectural or engineering works created or processed through our Platform.
  • "Services" refers to all features, tools, applications, and capabilities offered through our Platform.
  • "User" refers to individuals who access or use our Platform, including Account holders.
  • "AI" refers to the artificial intelligence and machine learning technologies utilized in our Platform.

Account Registration and Eligibility

Account Creation

To access certain features of our Platform, you must register for an account. When registering, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

User Eligibility

You must be at least 18 years old and have the legal capacity to enter into these Terms. By using our Platform, you represent and warrant that you meet these requirements. If you are using the Platform on behalf of a company or organization, you represent and warrant that you have the authority to bind that entity to these Terms.

Account Types

Our Platform offers different account types based on user roles and needs:

  • Architect accounts
  • Engineer accounts
  • Supplier accounts
  • Project manager accounts
  • Enterprise accounts

Each account type may have different features, permissions, and subscription requirements.

Platform Services and Features

Core Services

Our Platform provides the following core services:

  • AI-powered structural design optimization
  • Real-time collaboration between architects, engineers, and suppliers
  • Material recommendation and sourcing
  • Sustainability analysis and optimization
  • Cost estimation and budgeting tools
  • Building performance simulations
  • Design iteration and version management
  • Project documentation and reporting

Service Availability

We strive to maintain Platform availability 24/7, but we do not guarantee uninterrupted access. We may occasionally need to suspend access to the Platform for maintenance, upgrades, or other operational reasons. We will make reasonable efforts to provide notice of scheduled maintenance.

Beta Features

We may offer certain features on a "beta" or "preview" basis. These features are still under development and may contain errors or inaccuracies. Your use of beta features is at your own risk, and we may modify or discontinue them at any time without notice.

Service Modifications

We reserve the right to modify, suspend, or discontinue any part of our Platform at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

Subscription and Payment Terms

Subscription Plans

We offer various subscription plans with different features, capabilities, and pricing. Current subscription details are available on our website. We reserve the right to change subscription offerings and pricing at any time.

Payment

You agree to pay all fees associated with your subscription plan. Payments are charged on a recurring basis according to your selected billing cycle (monthly or annual). All payments are non-refundable except as expressly stated in these Terms or as required by applicable law.

Free Trial

We may offer free trials of our Platform. After the trial period, your account will automatically convert to a paid subscription unless you cancel before the trial ends. You may be required to provide payment information to access the free trial.

Taxes

All fees and charges are exclusive of applicable taxes. You are responsible for paying all taxes associated with your use of the Platform.

Payment Processing

We use third-party payment processors to handle transactions. Your use of these services is subject to their terms and conditions.

User Responsibilities and Conduct

General Conduct

When using our Platform, you agree to:

  • Comply with all applicable laws and regulations
  • Respect the intellectual property rights of others
  • Maintain the confidentiality of your account credentials
  • Use the Platform only for its intended purposes
  • Not interfere with or disrupt the Platform's operation

Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Using the Platform for any illegal purpose
  • Uploading or transmitting malicious code or content
  • Attempting to gain unauthorized access to the Platform or other users' accounts
  • Scraping, data mining, or extracting data from the Platform without our permission
  • Impersonating another person or entity
  • Harassing, threatening, or intimidating other users
  • Using the Platform to develop competing products or services
  • Circumventing or modifying security features
  • Creating multiple accounts to abuse free trials or promotions

Content Responsibility

You are solely responsible for all Content you upload, submit, or display on the Platform. You represent and warrant that:

  • You own or have the necessary rights to the Content
  • The Content does not infringe on the rights of any third party
  • The Content complies with these Terms and all applicable laws

Intellectual Property Rights

Sustaina Intellectual Property

The Platform, including its software, features, functionality, design, and Content created by or for Sustaina, is owned by Sustaina and is protected by intellectual property laws. These Terms do not grant you any rights to use our trademarks, logos, domain names, or other brand features.

Your Content

You retain ownership of Content you upload to the Platform. By uploading Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display the Content solely for the purpose of providing and improving the Platform.

AI Training and Models

You acknowledge that anonymized and aggregated data derived from your use of the Platform may be used to train and improve our AI models. This training does not grant us ownership of your Content but allows us to enhance our Services for all users.

Feedback

If you provide feedback or suggestions about our Platform, we may use this feedback without restriction or compensation to you.

Project Data and Outputs

Project Ownership

You retain ownership of your projects, designs, and related data. However, you grant us a license to process, analyze, and store this data as necessary to provide the Services.

AI-Generated Outputs

The Platform may generate designs, recommendations, optimizations, and other outputs using AI. While you own the final outputs of your projects, we retain ownership of the underlying AI technologies, algorithms, and models.

Data Export

We provide tools to export your project data in standard formats. You are responsible for maintaining your own backups of important data.

Third-Party Integrations

Third-Party Services

Our Platform may integrate with or allow access to third-party services, applications, or content. Your use of these third-party services is subject to their respective terms and conditions. We are not responsible for any third-party services or content.

Integration Partners

We maintain partnerships with various software and service providers as listed in our Partner Ecosystem. These integrations are provided as-is, and we do not guarantee their continued availability or functionality.

API Usage

If you use our APIs or develop integrations with our Platform, you must comply with our API Terms of Use and any developer documentation we provide.

Confidentiality and Data Security

Confidential Information

You agree to maintain the confidentiality of any non-public information relating to our Platform, including security features, technical specifications, and proprietary algorithms.

Data Security

We implement reasonable security measures to protect your data. However, no method of electronic storage or transmission is 100% secure. You acknowledge this limitation and use the Platform at your own risk.

Security Practices

You agree to follow security best practices when using our Platform, including:

  • Using strong, unique passwords
  • Enabling two-factor authentication when available
  • Promptly reporting suspected security incidents
  • Not sharing account credentials with unauthorized individuals

Limitation of Liability

Disclaimer of Warranties

THE PLATFORM 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, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

SUSTAINA DOES NOT WARRANT THAT:

  • THE PLATFORM WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION
  • ANY ERRORS OR DEFECTS WILL BE CORRECTED
  • THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
  • THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUSTAINA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH:

  • THE USE OR PERFORMANCE OF THE PLATFORM
  • DELAY OR INABILITY TO USE THE PLATFORM
  • THE PROVISION OF OR FAILURE TO PROVIDE SERVICES
  • ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR CONTENT OBTAINED THROUGH THE PLATFORM
  • OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM

WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF SUSTAINA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Professional Responsibility

OUR PLATFORM PROVIDES TOOLS AND RECOMMENDATIONS TO ASSIST PROFESSIONAL ARCHITECTS AND ENGINEERS. IT DOES NOT REPLACE PROFESSIONAL JUDGMENT OR RESPONSIBILITIES. YOU REMAIN RESPONSIBLE FOR:

  • VERIFYING ALL OUTPUTS AND RECOMMENDATIONS
  • ENSURING COMPLIANCE WITH APPLICABLE BUILDING CODES AND REGULATIONS
  • OBTAINING NECESSARY PERMITS AND APPROVALS
  • OVERSEEING PROPER IMPLEMENTATION OF DESIGNS

Indemnification

You agree to defend, indemnify, and hold harmless Sustaina, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees, arising out of or in any way connected with:

  • Your access to or use of the Platform
  • Your violation of these Terms
  • Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right
  • Any claim that your Content caused damage to a third party

Term and Termination

Term

These Terms will remain in full force and effect while you use the Platform or maintain an account.

Termination by You

You may terminate these Terms at any time by canceling your account and discontinuing use of the Platform. Cancellation requests should be sent to support@sustaina.pro.

Termination by Sustaina

We may terminate or suspend your account and access to the Platform immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms. Upon termination, your right to use the Platform will immediately cease.

Effect of Termination

Upon termination:

  • Your access to the Platform will be disabled
  • We may delete your account and related data
  • Any fees paid are non-refundable
  • All provisions of the Terms which by their nature should survive termination shall survive termination

Data Retention After Termination

We may retain your data for a limited period after termination as required by law or as necessary for legitimate business purposes.

Governing Law and Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Italy, without regard to its conflict of law provisions.

Dispute Resolution

Any dispute arising from or relating to these Terms or the Platform shall be resolved through the following process:

  1. Informal Resolution: We encourage you to contact us first to seek an informal resolution.
  2. Mediation: If informal resolution is unsuccessful, the parties agree to mediation in Milan, Italy.
  3. Arbitration: If mediation is unsuccessful, the dispute will be resolved by binding arbitration in Milan, Italy, under the Rules of Arbitration of the International Chamber of Commerce.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Injunctive Relief

Notwithstanding the foregoing, Sustaina may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Platform after any changes to the Terms constitutes your acceptance of the revised Terms.

Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Sustaina concerning the Platform.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.

No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment

You may not assign or transfer these Terms without Sustaina's prior written consent. Sustaina may assign or transfer these Terms without restriction.

Force Majeure

We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, civil unrest, government actions, labor disputes, or internet service disruptions.

Notices

Any notices or other communications provided by Sustaina, including those regarding modifications to these Terms, will be given by posting to the Platform or by email to the address associated with your account.

Contact Information

If you have any questions about these Terms, please contact us at:

Sustaina
Email: legal@sustaina.pro
Address: Viale Monza 137, Milan, Italy
Phone: +1 (415) 555-0123