Sustained

    Terms and Conditions

    Effective Date: April 12, 2026

    Beyin Digital Technology Limited

    1. Introduction

    These Terms and Conditions ("Terms") constitute a legally binding agreement between the entity or individual ("Customer," "you," or "your") and Beyin Digital Technology Limited ("Beyin," "we," "us," or "our"), governing your access to and use of the Sustained platform ("Platform"). By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms.

    Beyin Digital Technology Limited is incorporated and registered in Abu Dhabi, United Arab Emirates, with its principal offices at FD - GF, Accelerator Building, Masdar City, Abu Dhabi, United Arab Emirates.

    2. Definitions

    "Account" means a unique account created for a Customer or User to access the Platform.

    "Customer" or "Organization" means the legal entity (company, partnership, sole proprietorship, or other business entity) that enters into these Terms with Beyin. Where an individual registers without representing an entity, that individual is the Customer.

    "Authorized Representative" means the individual who accepts these Terms on behalf of a Customer and represents that they have authority to bind the Customer to these Terms.

    "User" means any individual who accesses or uses the Platform under a Customer's Account, including Workspace owners, administrators, team members, and invited users.

    "Workspace" means a segregated environment within the Platform where a Customer's data, users, and configurations reside. Each Workspace operates independently.

    "Content" means any data, text, files, images, documents, invoices, messages, or other materials uploaded, created, or transmitted through the Platform by or on behalf of a Customer.

    "Services" means all features, functionalities, and tools provided by the Platform, including CRM, helpdesk, invoicing, AI, messaging, and workflow automation.

    "Subscription Plan" means the tier of service selected by the Customer (Free, Startup, or Enterprise), each with defined features, limits, and pricing.

    "Confidential Information" means any non-public information disclosed by either party to the other, whether in writing, orally, or by any other means, that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure.

    "Beta Features" means any feature, tool, or functionality labeled as "beta," "preview," "early access," or similar designation.

    3. Account Registration and Authority

    3.1 Eligibility

    You must be at least eighteen (18) years old and have the legal capacity to enter into a binding agreement to use the Platform. If you are registering on behalf of a Customer, you represent and warrant that you have the authority to bind that Customer to these Terms.

    3.2 Customer Responsibility

    The Customer is responsible for all activity occurring under its Workspace(s), including the actions of all Users within that Workspace. Individual Users must comply with these Terms, but the Customer bears ultimate responsibility for billing, compliance, and content within its Workspace(s).

    3.3 Account Security

    You are responsible for maintaining the confidentiality of your login credentials. You must notify Beyin immediately at support@beyin.me if you suspect unauthorized access. Beyin is not liable for losses arising from unauthorized use of your Account.

    3.4 Accuracy of Information

    You agree to provide accurate, current, and complete information during registration and to update such information as necessary. Beyin reserves the right to suspend or terminate Accounts containing materially inaccurate information.

    4. Description of Services

    Sustained is a multi-tenant Software-as-a-Service (SaaS) platform providing the following integrated services:

    • Client Relationship Management (CRM): contact management, client profiles, companies, notes, and activity tracking.
    • Project and Task Management: project boards, task assignment, time tracking, and team collaboration.
    • Invoicing and Financial Tools: invoice creation, payment tracking, hour-based subscriptions, and financial reporting.
    • Helpdesk and Communication: real-time chat, WhatsApp integration (via Meta Business API), email messaging (via Mailgun), and customer support workflows.
    • AI-Powered Features: automated chat responses, intelligent suggestions, and AI-assisted workflows (see Section 11 for additional terms).
    • Workflow Automation: trigger-based automations, custom action templates, and event-driven workflows.
    • Calendar and Scheduling: event management and team scheduling.
    • Analytics and Reporting: integrated analytics dashboards and performance metrics.

    Beyin reserves the right to modify, enhance, or discontinue any feature of the Platform with reasonable notice where practicable. Material feature removals affecting paid Subscription Plans will be communicated with no less than thirty (30) days' notice.

    5. Subscription Plans and Billing

    5.1 Plans

    The Platform offers three Subscription Plans:

    • Free Plan: limited features and usage quotas at no charge.
    • Startup Plan: expanded features and higher limits for a monthly or annual fee.
    • Enterprise Plan: full-featured access with priority support and custom configurations.

    Detailed plan features, limits, and pricing are published on the Platform and may be updated from time to time in accordance with Section 5.8.

    5.2 Billing Cycle

    Paid Subscription Plans are billed in advance on a recurring basis (monthly or annually, as selected). The billing cycle begins on the date the Customer first subscribes and renews on the same calendar day of each subsequent period.

    5.3 Payment Processing

    All payments are processed through Stripe, Inc. By subscribing to a paid plan, you agree to Stripe's terms of service. Fees are charged in AED (UAE Dirham) unless otherwise stated. The Customer is responsible for providing valid and current payment information.

    5.4 Automatic Renewal

    Paid Subscription Plans renew automatically at the end of each billing cycle unless cancelled by the Customer before the renewal date. Beyin will charge the payment method on file at the then-current subscription rate.

    5.5 Failed Payments

    If a payment fails, Beyin will reattempt the charge up to three (3) times over a seven (7) day period. If all attempts fail, the Customer will be notified and given seven (7) additional days to update payment information. If payment remains unresolved after fourteen (14) days from the original due date, Beyin may suspend the Customer's access to paid features until payment is received.

    5.6 Plan Changes

    Upgrades to a higher-tier plan take effect immediately, and the Customer will be charged a prorated amount for the remainder of the current billing cycle. Downgrades to a lower-tier plan take effect at the end of the current billing cycle. Feature access will be adjusted accordingly upon the effective date of the downgrade.

    5.7 Taxes

    All fees are exclusive of applicable taxes unless explicitly stated otherwise. The Customer is responsible for all applicable taxes, including UAE Value Added Tax (VAT) at the prevailing rate. Beyin will include applicable tax amounts on invoices where required by law.

    5.8 Pricing Changes

    Beyin may adjust pricing for Subscription Plans at any time. Pricing changes will be communicated with no less than thirty (30) days' notice and will take effect at the start of the next billing cycle following the notice period. Current billing cycle pricing is honored through its completion.

    5.9 Refunds

    Subscription fees are non-refundable except where required by applicable law. Cancellation of a paid Subscription Plan takes effect at the end of the current billing period, and the Customer retains access to paid features until that date.

    6. Customer Content and Data

    6.1 Ownership

    The Customer retains all ownership rights in and to its Content. Beyin does not claim ownership of Customer Content.

    6.2 License to Beyin

    By uploading or submitting Content, the Customer grants Beyin a limited, non-exclusive, worldwide, royalty-free license to use, store, process, display, and transmit such Content solely as necessary to provide and improve the Services. This license terminates when the Content is deleted from the Platform, subject to reasonable backup retention periods as described in Section 15.

    6.3 Customer Responsibility

    The Customer is solely responsible for the accuracy, quality, integrity, and legality of its Content and for ensuring that the collection and use of any personal data within its Content complies with all applicable laws and regulations. Beyin does not monitor or review Customer Content except as required to provide the Services or as required by law.

    7. Acceptable Use Policy

    You agree not to use the Platform to:

    • Violate any applicable local, national, or international law or regulation.
    • Infringe upon the intellectual property or privacy rights of any third party.
    • Transmit malware, viruses, or any code of a destructive or disruptive nature.
    • Attempt to gain unauthorized access to any part of the Platform, other Accounts, or related systems.
    • Engage in activities that could damage, disable, or impair the Platform or interfere with other users' access.
    • Send unsolicited commercial communications (spam) through the Platform's messaging features.
    • Use the Platform to store, process, or transmit material that is unlawful, defamatory, obscene, or otherwise objectionable.
    • Circumvent or attempt to circumvent any usage limits, security measures, or access controls.
    • Resell, sublicense, or redistribute the Platform or any part thereof without Beyin's prior written consent.

    Beyin reserves the right to investigate violations and take appropriate action, including suspension or termination of access.

    8. Messaging and Communications Compliance

    The Platform provides WhatsApp messaging (via the Meta Business API) and email communications (via Mailgun). When using these features, the Customer acknowledges and agrees that:

    • The Customer is solely responsible for obtaining all required consents and opt-ins from recipients before sending messages.
    • The Customer must maintain lawful and accurate contact lists and honor all opt-out, unsubscribe, and do-not-contact requests promptly.
    • The Customer must comply with all applicable anti-spam laws, including but not limited to UAE Federal Law No. 5 of 2012 on Combatting Cybercrimes, as well as Meta's Business Messaging Policy and Mailgun's Acceptable Use Policy.
    • The Customer is solely responsible for the content of all outbound messages and templates sent through the Platform.
    • Beyin is not liable for any claims, fines, or damages arising from the Customer's messaging activities or failure to comply with applicable messaging laws and third-party provider policies.
    • Beyin may suspend messaging capabilities if it reasonably believes the Customer is violating applicable laws or third-party provider policies.

    9. Third-Party Integrations

    The Platform integrates with third-party services, including but not limited to:

    • Meta Platforms, Inc. (WhatsApp Business API)
    • Mailgun Technologies, Inc. (Email delivery)
    • Stripe, Inc. (Payment processing)
    • Supabase, Inc. (Infrastructure and database hosting)

    Your use of these integrations is subject to the respective terms of service and privacy policies of each third-party provider. Beyin is not responsible for the availability, performance, security, or policies of third-party services. Changes to third-party APIs or policies may affect Platform functionality, and Beyin will make reasonable efforts to adapt to such changes but does not guarantee uninterrupted integration availability.

    10. Beta Features

    Beyin may offer Beta Features for testing and evaluation. Beta Features are provided "AS IS" and "AS AVAILABLE" without warranty of any kind. Beyin may modify, suspend, or discontinue any Beta Feature at any time without notice. Beta Features may contain bugs, errors, or inaccuracies and may not perform at the level of commercially released features. The Customer's use of Beta Features is at its own risk, and Beyin shall have no liability arising from or related to the use of Beta Features.

    11. Artificial Intelligence Features

    11.1 Nature of AI Services

    The Platform includes AI-powered features such as automated chat responses, intelligent suggestions, and AI-assisted workflows. These features use third-party machine learning model providers and are designed to assist, not replace, human judgment.

    11.2 No Guarantee of Accuracy

    AI-generated content, responses, and suggestions may be inaccurate, incomplete, or inappropriate. Beyin does not warrant the accuracy, reliability, completeness, or suitability of any AI output for any particular purpose.

    11.3 Human Review Responsibility

    The Customer is solely responsible for reviewing, verifying, and approving all AI-generated content before sending, publishing, or acting upon it. AI output should not be relied upon as a substitute for professional advice, including legal, financial, medical, or regulatory guidance.

    11.4 Data Usage

    Beyin uses Customer data submitted to AI features solely to provide the Services. Beyin does not use Customer data to train, improve, or develop general-purpose AI models. Third-party AI model providers may have their own data processing terms, and Beyin will ensure such providers are bound by appropriate data processing obligations.

    11.5 Sensitive Data

    Customers should not submit highly sensitive personal data (such as government identification numbers, financial account credentials, or health records) to AI features unless such features are specifically designed and documented to handle such data.

    11.6 No Warranty of Originality

    Beyin does not warrant that AI-generated output is original, non-infringing, or suitable for regulatory compliance. The Customer assumes all risk associated with the use of AI-generated content.

    12. Intellectual Property

    12.1 Beyin's Rights

    The Platform, including its source code, design, architecture, documentation, trademarks, logos, and all related intellectual property, is and remains the exclusive property of Beyin Digital Technology Limited. These Terms do not grant the Customer any rights in Beyin's intellectual property except the limited right to use the Platform in accordance with these Terms.

    12.2 Customer's Rights

    The Customer retains all intellectual property rights in its Content. Nothing in these Terms transfers ownership of Customer Content to Beyin.

    12.3 Feedback

    If the Customer provides suggestions, ideas, or feedback regarding the Platform, Beyin may use such feedback without restriction or obligation to the Customer.

    13. Confidentiality

    13.1 Mutual Obligation

    Each party agrees to protect the Confidential Information of the other party using at least the same degree of care it uses to protect its own Confidential Information, and in no event less than reasonable care. Neither party shall disclose the other party's Confidential Information to any third party except as necessary to perform its obligations under these Terms, and only to recipients who are bound by confidentiality obligations at least as protective as those in this Section.

    13.2 Exclusions

    Confidential Information does not include information that:

    • Is or becomes publicly available through no fault of the receiving party.
    • Was already known to the receiving party without restriction prior to disclosure.
    • Is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information.
    • Is rightfully received from a third party without restriction on disclosure.
    • Is required to be disclosed by law, regulation, or court order, provided that the receiving party gives the disclosing party prompt written notice and reasonable assistance to contest or limit such disclosure.

    13.3 Survival

    The obligations of confidentiality under this Section shall survive the termination or expiration of these Terms for a period of three (3) years, or for as long as the information remains confidential, whichever is longer.

    14. Privacy and Data Protection

    14.1 Roles

    For the purposes of data protection, the Customer acts as the data controller with respect to personal data contained in its Content. Beyin acts as the data processor, processing such data on the Customer's behalf and in accordance with the Customer's instructions as embodied in these Terms and the Platform's functionality. Beyin acts as an independent data controller for Account registration data, billing information, and usage analytics.

    14.2 Subprocessors

    Beyin may engage subprocessors (including Supabase, Stripe, Mailgun, Meta, and third-party AI model providers) to assist in providing the Services. Beyin ensures that subprocessors are bound by data processing obligations consistent with these Terms. A list of current subprocessors is available upon request.

    14.3 Security Measures

    Beyin implements reasonable technical and organizational measures designed to protect personal data against unauthorized access, loss, alteration, or destruction. These measures include encryption in transit and at rest, access controls, regular security assessments, and incident response procedures.

    14.4 Breach Notification

    In the event of a confirmed personal data breach affecting Customer data, Beyin will notify the Customer without undue delay and in any event within seventy-two (72) hours of becoming aware of the breach. The notification will include the nature of the breach, the categories and approximate number of data subjects affected, and the measures taken or proposed to address the breach.

    14.5 Compliance

    Beyin processes data in compliance with applicable data protection laws, including UAE Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data and its implementing regulations. The Customer is responsible for ensuring that its collection and processing of personal data through the Platform complies with all applicable laws.

    14.6 Cross-Border Transfers

    Customer data may be stored and processed in data centers located outside the UAE. Beyin ensures that any cross-border transfer of personal data is conducted in compliance with applicable data protection laws, including implementing appropriate safeguards such as standard contractual clauses or equivalent mechanisms.

    14.7 Data Processing Agreement

    Business customers may request a separate Data Processing Agreement (DPA) from Beyin. Where a DPA is executed, its terms shall prevail over the data processing provisions of these Terms to the extent of any conflict.

    15. Data Retention, Export, and Deletion

    15.1 During the Term

    Customer Content is stored and accessible throughout the duration of an active Subscription.

    15.2 Post-Termination Export

    Upon termination or expiration of a Subscription, the Customer may request export of its Content for a period of thirty (30) days. Beyin will provide the data in a commonly used, machine-readable format. After this thirty (30) day period, Beyin may permanently delete all Customer Content from its production systems.

    15.3 Backup Retention

    Copies of Customer Content may persist in backup systems and disaster recovery infrastructure for a reasonable period beyond the export window, solely for system integrity and recovery purposes. Such backup data will not be actively accessed or used.

    15.4 Anonymization

    After applicable retention periods expire, Beyin will delete or anonymize remaining Customer data, except where longer retention is required by applicable law (including tax, accounting, fraud prevention, or legal compliance obligations).

    15.5 License Termination

    The license granted under Section 6.2 terminates when Customer Content is deleted from the Platform, subject to the backup retention provisions above.

    16. Service Availability

    Beyin strives to maintain high availability of the Platform but does not guarantee uninterrupted, error-free, or secure access. The Platform may experience downtime due to:

    • Scheduled maintenance (communicated in advance where practicable).
    • Urgent security patches or emergency maintenance.
    • Third-party service disruptions beyond Beyin's reasonable control.

    Plan-specific service level commitments and support response times, where applicable, are described in the relevant Subscription Plan documentation. Beyin shall not be liable for any loss or damage arising from service unavailability.

    17. Support

    Support availability and response times vary by Subscription Plan. Free Plan users have access to community and self-service resources. Startup and Enterprise Plan users receive prioritized support as described in their respective plan documentation. Beyin may modify support offerings from time to time and will provide reasonable notice of material changes.

    18. Suspension and Termination

    18.1 Suspension by Beyin

    Beyin may suspend the Customer's access to the Platform immediately and without prior notice where necessary to:

    • Prevent or mitigate a security threat, unauthorized access, or potential harm to the Platform, its infrastructure, or other users.
    • Respond to illegal activity or a credible allegation of illegal activity.
    • Address a material violation of these Terms, including the Acceptable Use Policy.
    • Enforce payment obligations following the failed payment process described in Section 5.5.
    • Comply with a court order, regulatory directive, or legal requirement.

    Beyin will provide notice of the suspension as soon as reasonably practicable and will restore access promptly once the cause for suspension has been resolved.

    18.2 Termination by Customer

    The Customer may terminate its Subscription at any time through the Platform's account settings. Termination takes effect at the end of the current billing period, and the Customer retains access to paid features until that date.

    18.3 Termination by Beyin for Cause

    Beyin may terminate these Terms for material breach if the breach is not cured within fifteen (15) days after written notice to the Customer. No cure period applies where the breach is incapable of cure or involves fraud, abuse, illegal activity, or repeated violations of the Acceptable Use Policy.

    18.4 Termination by Beyin Without Cause

    For paid Subscription Plans, Beyin may terminate without cause only at the end of the current paid billing period, with no less than thirty (30) days' prior written notice. For Free Plans, Beyin may terminate without cause with no less than thirty (30) days' prior written notice.

    18.5 Effect of Termination

    Upon termination: (a) the Customer's right to access the Platform ceases; (b) the Customer may export its data within thirty (30) days as described in Section 15.2; (c) any outstanding fees become immediately due and payable; and (d) Sections that by their nature should survive termination (including Confidentiality, Limitation of Liability, Indemnification, and Governing Law) shall survive.

    18.6 Inactive Free Accounts

    Beyin may suspend or terminate Free Plan Accounts that have been inactive for twelve (12) consecutive months. Beyin will provide at least thirty (30) days' notice before terminating an inactive Account. Paid Subscription Accounts are exempt from inactivity-based termination.

    19. Limitation of Liability

    19.1 Exclusion of Damages

    To the maximum extent permitted by applicable law, in no event shall Beyin, its directors, officers, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or in connection with the use of or inability to use the Platform, regardless of the cause of action or the theory of liability.

    19.2 Liability Cap

    Beyin's total aggregate liability arising out of or relating to these Terms shall not exceed the greater of (a) the total fees paid by the Customer to Beyin in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred United States dollars (USD 100).

    19.3 Carve-Outs

    The limitations in this Section do not apply to: (a) either party's breach of its confidentiality obligations under Section 13; (b) either party's indemnification obligations under Section 20; (c) the Customer's payment obligations; or (d) liability arising from willful misconduct or gross negligence that cannot be limited under applicable law.

    19.4 Essential Purpose

    The limitations and exclusions in this Section apply even if any remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, Beyin's liability is limited to the fullest extent permitted by law.

    20. Indemnification

    The Customer agrees to indemnify, defend, and hold harmless Beyin and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from or related to:

    • The Customer's use of the Platform in violation of these Terms.
    • The Customer's Content, including any claim that such Content infringes or misappropriates a third party's intellectual property or other rights.
    • The Customer's violation of any applicable law or regulation.
    • The Customer's messaging activities, including failure to obtain required consents.
    • The Customer's use of AI-generated output in a manner that causes harm or liability.

    21. Sanctions and Export Compliance

    The Customer represents and warrants that it is not: (a) located in, organized under the laws of, or a resident of any country or territory subject to comprehensive trade sanctions; (b) identified on any applicable sanctions or restricted party list, including lists maintained by the United Nations, the United States, the European Union, the United Kingdom, or the United Arab Emirates; or (c) owned or controlled by any person or entity described in (a) or (b). The Customer shall not use the Platform in any manner that would cause Beyin to violate applicable sanctions, export control, or anti-money laundering laws.

    22. Force Majeure

    Neither party shall be liable for any delay or failure to perform its obligations under these Terms to the extent that such delay or failure results from circumstances beyond the party's reasonable control, including but not limited to natural disasters, acts of war or terrorism, pandemics, government actions, power failures, internet or telecommunications disruptions, or third-party service outages. The affected party shall use reasonable efforts to mitigate the impact and resume performance as soon as practicable.

    23. Order of Precedence

    In the event of any conflict or inconsistency between documents governing the Customer's use of the Platform, the following order of precedence shall apply (highest priority first):

    1. Enterprise Agreement or Order Form (if applicable).
    2. Data Processing Agreement (DPA) (if applicable).
    3. Product-Specific or Subscription Plan Terms (if applicable).
    4. These Terms and Conditions.
    5. Privacy Policy.

    In each case, the higher-priority document prevails to the extent of the conflict.

    24. Changes to These Terms

    24.1 Material Changes

    Beyin may modify these Terms from time to time. Material changes will be communicated with no less than thirty (30) days' prior notice via email to the Account's registered address and/or through a prominent notice within the Platform. The notice will describe the nature of the changes and the effective date.

    24.2 Non-Material Changes

    Non-material changes (such as corrections, clarifications, or formatting updates) may take effect immediately upon posting.

    24.3 Acceptance

    Continued use of the Platform after the effective date of a material change constitutes acceptance of the revised Terms. If the Customer does not agree with a material change, the Customer may discontinue use of the Platform before the effective date. For paid subscriptions, pricing changes take effect at the start of the next billing cycle following the notice period.

    25. Governing Law and Dispute Resolution

    These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates as applied in the Emirate of Abu Dhabi, without regard to its conflict of law principles.

    Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Abu Dhabi, United Arab Emirates. The parties agree to submit to the personal jurisdiction of such courts.

    26. General Provisions

    26.1 Entire Agreement

    These Terms, together with the Privacy Policy and any applicable Order Forms, DPAs, or Subscription Plan terms, constitute the entire agreement between the Customer and Beyin regarding the Platform and supersede all prior agreements, representations, and understandings.

    26.2 Severability

    If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

    26.3 Waiver

    The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

    26.4 Assignment

    The Customer may not assign or transfer these Terms or any rights hereunder without Beyin's prior written consent. Beyin may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.

    26.5 Electronic Communications

    By using the Platform, the Customer consents to receiving communications from Beyin electronically, including emails, in-app notifications, and platform announcements. Such communications satisfy any legal requirement that communications be in writing.

    26.6 Notices

    All notices under these Terms shall be sent to the email address associated with the Customer's Account or, for notices to Beyin, to support@beyin.me. Notices are deemed received upon confirmed delivery.

    27. Contact Information

    For questions, concerns, or requests regarding these Terms, please contact:

    Beyin Digital Technology Limited

    FD - GF, Accelerator Building

    Masdar City, Abu Dhabi

    United Arab Emirates

    Email: support@beyin.me

    Phone: +971 52 588 6620

    — End of Terms and Conditions —