Terms of Service

These terms

These Terms of Service (“Terms”) govern your access to and use of the Sustys application and website (the “Service”), provided by Sustys (“we”, “us”). If you use Sustys on behalf of an organisation, you confirm that you are authorised to bind it.

The service

Sustys computes the CBAM certificate cost for your imports from the customs data you enter, and produces registry-ready files. It does not file them on your behalf. Where the Commission publishes default values, it applies them with the mark-up the implementing rules prescribe; the ruleset version behind every result is shown with the result.

Its scope is the CBAM obligations of imported goods. It does not verify an installation’s emissions and it is not a substitute for a verifier.

Your account

You are responsible for the accuracy of the data you enter and for keeping your sign-in secure.

You are responsible for the actions taken in Sustys by you and by the users you invite within your organisation, including the data they enter and the results they approve.

Consultants and representatives may manage several client workspaces; each client’s data is kept separate, and you must have the authority to act for each client you add.

You must be at least 18 and use the Service for business purposes, in compliance with applicable law.

Your data

You retain all rights to the data you upload. You grant Sustys the limited rights needed to process it and provide the Service, as described in the Privacy Policy and the Data Processing Agreement. You are responsible for having the right to upload the documents you provide, and for the lawful basis to share any supplier or third-party data within them.

Licences and fees

Sustys is sold as an annual licence for a declaration year, with add-ons to it. A licence covers the period it names and does not renew itself — there is no subscription and nothing is charged again unless you buy again.

The licence is sold to you by Dodo Payments as merchant of record: it takes the payment and issues the invoice in its own name, under its own buyer terms, which are shown to you at checkout. Sustys grants the licence and runs the service behind it.

The price shown in the Store is the price of the licence. Tax is added on top by the payment provider according to your country, and the total is shown to you before you pay. If you give a valid VAT number at checkout, the provider applies whatever exemption or reverse charge your country’s rules allow.

Our refund commitment is set out on the Refund and cancellation page, and it is a commitment we make in addition to whatever rights the law gives you — it never replaces them.

Acceptable use

Your use is subject to the Acceptable Use Policy.

Who is responsible for what

Regulation (EU) 2023/956 puts the duty to declare and to surrender certificates on the authorised CBAM declarant — you, if you hold that status for your own imports or as an indirect customs representative; your client, if you submit its declarations on its behalf (Article 5(1a), (2a) and (7a)). Its Article 26 makes the authorised CBAM declarant liable for the penalty when that fails. Where the failure follows from incorrect information supplied by a third party, the same Article lets the competent authority reduce the penalty only for information from an operator, a verifier, or the person certifying carbon-price documentation. A software provider is not among them.

This division follows from the regulation. You are responsible for the data you enter, for reviewing what Sustys produces before you rely on it, and for the filing itself. We are responsible for the calculation Sustys performs on the data you give it, against the ruleset version shown with each result.

We are not responsible for errors that result from data entered, documents approved or instructions given by you or by the users of your organisation.

We are not your customs representative, your tax adviser or your legal adviser, and nothing Sustys produces is advice. It is a computation and a set of files, which you check before you file them.

Intellectual property

The Service, including its software, design and content, belongs to Sustys and its licensors. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service for your business. You may not copy, resell, reverse-engineer, or build a competing product from it. We may use feedback you share with us to improve the Service.

Availability

We work to keep the Service available and performant, but we do not guarantee uninterrupted access; we may perform maintenance and aim to minimise disruption. Service status is published at status.sustys.com.

Limitation of liability

Our total liability to you for all claims arising in any twelve-month period is limited to the licence fees you paid us in the twelve months before the claim arose.

We are not liable for indirect or consequential loss, or for loss of profit, revenue, goodwill or anticipated savings.

Nothing in these terms limits or excludes liability that the applicable law does not allow to be limited or excluded — including death or personal injury caused by negligence, and fraud or fraudulent misrepresentation. Our obligations under the Data Processing Agreement are not capped by this section.

Termination

You can stop using the Service at any time; to close your organisation’s account, write to legal@sustys.com. We may suspend or terminate access for breach of these Terms or misuse of the Service. On termination, your data is returned to you or deleted as the Data Processing Agreement describes.

Contact

Questions about these Terms: legal@sustys.com.