Terms of Service
Sustance is provided by WhyWay AB, org. no. 559379-1428, Birger Jarlsgatan 57C, 113 56 Stockholm, Sweden. In these Terms, Sustance, we, us, and our refer to that company.
Effective date: 22 April 2026
These Terms of Service (“Terms”) govern your access to and use of the Sustance online sustainability platform and related services (the “Service”). By creating an account, clicking to accept, or using the Service, you agree to these Terms. If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity.
The Service is primarily intended for business (B2B) use. See our Privacy Policy for how we process personal data.
1. The Service
Sustance helps organisations build and collaborate on sustainability strategies, reports, policies, and related content, including optional AI-assisted features and optional public pages (for example a sustainability showcase). We may add, change, or discontinue features to improve the Service or comply with law. We will give reasonable notice of material adverse changes where required by law or where we otherwise deem appropriate (including by posting an updated version of these Terms or notifying you in the product).
Enterprise customers may also be subject to a separate written agreement (for example an order form or master services agreement). If there is a conflict between such an agreement and these Terms, the separate agreement prevails to the extent of the conflict.
2. Accounts, roles, and security
You must provide accurate registration information and keep it up to date. You are responsible for activity under your account and for safeguarding passwords and devices. The Service uses workspaces aligned with our commercial plans (including Company, Agency, and Enterprise where offered), with owner and member roles as described in the product. Account owners and administrators are responsible for invitations, permissions, and the actions of their users.
You must not share accounts in a way that circumvents security or licensing, and you must notify us promptly at legal@sustance.com of any unauthorised use.
Service and marketing communications
We may send essential service-related communications to the email on your account (for example security notices, maintenance windows, and changes that materially affect your use of the Service). Optional marketing emails (for example tips about the Sustance platform and sustainability topics) require your separate consent where we request it in the product (such as an optional checkbox when you accept these Terms). You may withdraw marketing consent using controls we provide or by contacting legal@sustance.com; withdrawal does not affect the lawfulness of processing before withdrawal.
3. Subscriptions, trials, fees, and taxes
Access to parts of the Service may require a paid subscription, trial, or other commercial arrangement (including sponsored access when an Agency workspace connects to a Company workspace). Fees, billing cycles, seats, add-ons, and trials are as presented in the Service at checkout or in your workspace billing settings. Payments are processed by our payment provider (Stripe); card and billing details are subject to their terms and our Privacy Policy.
You authorise us and Stripe to charge applicable fees and taxes. If payment fails or an account is not in good standing, we may suspend or limit access in line with product rules until resolved. Taxes (such as VAT) are your responsibility as applicable.
Sponsored or organisational programmes (for example an Agency supporting connected Company workspaces) may change access or pricing when connections start or end; see also Section 4.
4. Relationships between organisations (Agency and Company)
The Service may allow invitations, connections, and collaboration between separate workspaces (for example an advisory Agency and a Company). Each workspace remains responsible for its own data and compliance. When you connect with another organisation, additional users may be able to view or collaborate on content in line with product permissions—you should review connection and visibility settings carefully.
Disconnecting or ending a subscription may affect access, entitlements, or billing for connected workspaces as described in the Service. Nothing in these Terms creates a partnership or joint venture between workspaces.
5. Acceptable use
You agree not to:
- Violate applicable laws or third-party rights.
- Upload or distribute malware, attempt to breach security, or probe or scan systems without authorisation.
- Use the Service to send spam or misleading communications.
- Scrape, data-mine, or excessively automate access to the Service except via documented APIs we provide for that purpose.
- Misrepresent certifications, verification, or sustainability performance (including on optional public pages).
- Use AI features to generate unlawful, harmful, or deceptive content, or to infringe intellectual property.
We may investigate and suspend or terminate access for violations.
6. Your content and data
You retain ownership of content you or your organisation submit to the Service (“Customer Content”). You grant Sustance a worldwide, non-exclusive licence to host, process, back up, and display Customer Content only as needed to provide, secure, and improve the Service and as described in our Privacy Policy.
You are responsible for the legality and accuracy of Customer Content and for obtaining rights and consents needed for us to process it. Optional public publication (for example showcase pages) is your choice; you are responsible for what you make visible.
Processing of personal data is described in the Privacy Policy. If you require a data processing agreement (DPA) for GDPR purposes, contact legal@sustance.com.
7. AI features
Certain features use AI or large language models to generate suggestions or drafts. Outputs may be incorrect or incomplete. AI output is not professional legal, financial, or sustainability advice. You remain solely responsible for decisions, disclosures, and reports you make, and for reviewing and validating AI-generated content before reliance or publication.
Our subprocessors for AI inference are described in the Privacy Policy. We do not use Customer Content to train third-party models except as stated in the Privacy Policy.
8. Sustance intellectual property
We and our licensors own the Service, software, branding, and documentation. Except for the limited rights in Section 6, no rights are granted to you. You must not remove proprietary notices or copy our product to build a competing service.
If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free licence to use them without obligation to you.
9. Third-party services
The Service may integrate with or link to third-party services (for example Stripe, identity providers for SSO, registries such as Bolagsverket for Swedish company lookup when you use that feature, or email delivery). Those services are governed by their own terms and privacy notices. We are not responsible for third-party services outside our reasonable control.
10. Warranties
To the maximum extent permitted by applicable law, the Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free.
11. Limitation of liability
To the maximum extent permitted by applicable law:
- Sustance and its affiliates, directors, employees, and suppliers shall not be liable for any indirect, consequential, special, punitive, or exemplary damages, or for loss of profits, data, goodwill, or business, arising from these Terms or the Service.
- Our total aggregate liability for all claims arising out of or related to these Terms or the Service in any twelve (12) month period is limited to the greater of (a) one hundred percent (100%) of fees paid by you to Sustance for the Service in that period, or (b) five hundred (500) EUR.
Nothing in these Terms limits liability that cannot be limited under mandatory law (including gross negligence or wilful misconduct where applicable).
12. Indemnity
You will defend and indemnify Sustance and its affiliates against third-party claims, damages, and costs (including reasonable attorneys’ fees) arising from (a) Customer Content, (b) your breach of these Terms, or (c) your misuse of the Service, except to the extent caused by our wilful misconduct or breach of these Terms.
13. Suspension and termination
We may suspend access if we reasonably believe there is a security risk, breach of these Terms, or legal requirement. You may stop using the Service at any time; workspace closure and data handling may be subject to product flows and our Privacy Policy (including retention).
Upon termination, rights granted to you cease except for sections that by their nature should survive (including Sections 6–14).
14. Governing law and disputes
These Terms are governed by the laws of Sweden, without regard to conflict-of-law rules. The courts of Stockholm, Sweden shall have exclusive jurisdiction, subject to any mandatory rights you may have as a consumer in your country of residence (if applicable).
15. General
Notices to you may be sent to the email address on your account or through in-product messages. Notices to us should go to legal@sustance.com.
Assignment: You may not assign these Terms without our consent; we may assign to an affiliate or in connection with a merger or sale of assets.
Entire agreement: These Terms (and any Enterprise agreement referenced in Section 1) constitute the entire agreement on their subject matter.
Severability: If a provision is invalid, the remainder remains in effect.
No waiver: Failure to enforce a provision is not a waiver.
Language: The English version of these Terms prevails if there is a conflict with translations.
16. Legal entity and contact
The Service is operated by WhyWay AB, Birger Jarlsgatan 57C, 113 56 Stockholm, Sweden (org. no. 559379-1428).
Email: legal@sustance.com