SustainBuddy Terms of Service

Last Updated: 4 July 2025

1. Agreement to Terms

By creating an account, accessing, or using any part of the SustainBuddy website, web application, APIs, or related services (collectively, the “Services”), you (“Customer,” “you,” or “your”) agree to be bound by these Terms of Service (“Terms”) entered into with Mantram Group Pty Ltd (ABN 12 670 169 552) (“SustainBuddy,” “we,” “our,” or “us”).

If you do not agree to these Terms, you must not use the Services.

2. Services Description

SustainBuddy is a Software-as-a-Service (SaaS) platform offering:

Aviation Module: Emissions calculations, regulatory intelligence (CORSIA, EU ETS, UK ETS, ReFuelEU, non-CO₂ MRV), SAF pricing, sustainability finance data, goal-tracking tools, and an AI-powered sustainability consultant.
Maritime Module: Vessel-level emissions intelligence, FuelEU Maritime and IMO compliance tracking (DCS, CII), live biofuel and allowance prices, goal-tracking tools, and an AI consultant tailored for maritime data.

We reserve the right to enhance or modify the Services. New features are subject to these Terms unless stated otherwise.

3. Eligibility and Account Security

You must be at least 18 years of age and authorised by your organisation to enter into binding agreements.
You are responsible for all activity under your credentials. Use strong passwords, enable MFA, and notify us of any unauthorised access.
We may suspend or terminate accounts that breach these Terms or create security risks.

4. Licences and Ownership

Our IP: SustainBuddy retains all intellectual property rights in the Services. You receive a limited, revocable, non-exclusive, non-transferable licence to use the Services during an active subscription.
Your Data: You retain all rights to the data you upload (“Customer Data”). You grant us a global, royalty-free licence to host, process, and display this data for delivering and improving the Services, including anonymised analytics.
Feedback: Any feedback or suggestions may be used by us without obligation and become our property.

5. Fees, Invoicing, and Taxes

Fees (e.g., subscription, onboarding, pilot) are set forth in the Order Form or Statement of Work (“Order”).
Invoices are issued as per the currency and billing cycle stated in the Order. Payments are due within 30 days unless agreed otherwise.
Late payments may incur interest at 1.5% per month or the maximum rate permitted by law.
All fees are exclusive of applicable taxes; you are responsible for all except taxes on our income.

6. Acceptable Use

You agree not to:

Reverse engineer or extract source code.
Use the Services for benchmarking or developing a similar product.
Upload malware, interfere with operations, or abuse APIs.
Violate export-control laws or applicable regulations.
Process illegal data or data from individuals under 16 years of age.

7. Service Levels and Support

Availability: SustainBuddy targets 99.5% monthly uptime, excluding scheduled maintenance (notified at least 48 hours in advance) and force majeure.
Support: Available via email and in-app channels, 09:00–18:00 AEST (Monday–Friday, excluding public holidays). Initial response within 8 business hours; critical issues within 2.
Remedy: Service credits up to one (1) month of fees may apply for breach of service levels.

8. Confidentiality

Each party must keep confidential any non-public information disclosed by the other, and may only use it to fulfil obligations under these Terms. Obligations survive for three (3) years after disclosure, or indefinitely for trade secrets.

9. Data Protection & Security

Our Privacy Policy outlines how we collect and process personal data.
We employ safeguards including encryption (at rest and in transit), RBAC, MFA, and regular security assessments.
In case of a breach impacting Customer Data, we will notify you without undue delay and cooperate with remediation efforts.

10. Warranties and Disclaimers

We warrant professional delivery of Services in line with industry SaaS standards.
Except as stated, the Services are provided “AS IS” and “AS AVAILABLE.” No other warranties are offered.
Emissions estimates, pricing, and regulatory data are informational only. You remain responsible for decisions and compliance.

11. Limitation of Liability

Neither party is liable for indirect or consequential losses (including lost data, revenue, or profits), even if foreseeable.
Except for unpaid fees, indemnity obligations, or confidentiality breaches, each party’s total liability is capped at fees paid in the preceding 12 months.
These limitations do not apply to liabilities that cannot be excluded under applicable law.

12. Indemnification

You agree to indemnify and hold harmless SustainBuddy and its affiliates from claims or losses arising from:

Your Customer Data.
Use of Services in violation of these Terms or applicable law.
Breach of Section 6 (Acceptable Use).

13. Term and Termination

Term: Begins upon execution of the first Order and continues until all subscriptions expire or are terminated.
Termination for Cause: Either party may terminate with 30 days’ notice if the other materially breaches these Terms and fails to cure.
Post-Termination: Access ends immediately. Customer Data will be deleted or returned within 30 days upon request, except where legally retained.
Survival: Sections 4, 5 (for dues), 6, 8, 10, 11, 12, 13.3, and 15 shall survive termination.

14. Changes to Terms

We may update these Terms periodically. Material updates will be communicated via email or in-app notice at least 14 days in advance. Continued use of the Services constitutes acceptance of updated Terms.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of Victoria, Australia.
Disputes will be resolved via binding arbitration under ACICA Rules. Seat: Sydney. Language: English.
Either party may seek injunctive relief in a competent court to protect IP or confidential information.

16. General Provisions

Entire Agreement: These Terms, the Privacy Policy, and any Orders constitute the full agreement.
Assignment: You may not assign these Terms without our consent. We may assign them in connection with a merger or sale.
Force Majeure: Neither party is liable for failure to perform due to causes beyond reasonable control.
Severability: If a provision is invalid, the remainder remains enforceable.
Waiver: A waiver of rights must be explicit; failure to enforce is not a waiver.

17. Contact

For questions or notices under these Terms:

Mantram Group Pty Ltd
Level 2/696, Bourke Street
Melbourne VIC 3000, Australia
Email: admin@sustainbuddy.com

SustainBuddy