General Terms and Conditions of Service

Sustek.co is owned by Consultoría en Tecnología Sostenible S.A.S. BIC; a Colombian commercial company, legally incorporated, with its address in the city of Bogotá D.C. - Colombia, identified for tax purposes with NIT number 901.966.636-8. This document contains legal information, so we recommend that you read it completely. By means of these Terms and Conditions, it is understood that the user has read and accepted them, in all their parts, and understands that they are legally binding and mandatory, therefore, accepts the conditions of use and enjoyment of the platform, content, and services. Otherwise, the User must refrain from accessing the platform and services, either directly or indirectly, and from using any information or service provided by it. By accessing and using the services, you agree to be legally bound by these terms and conditions, which establish a contractual relationship between the user and Consultoría en Tecnología Sostenible. If you do not accept these terms and conditions, you may not access or use the services. These terms and conditions expressly supersede prior agreements or commitments with you. Consultoría en Tecnología Sostenible may immediately terminate these terms and conditions or any of the services with respect to you, or in general, cease to offer or deny access to the services or any part of them, at any time and for any reason. Sustek.co may amend the Terms and Conditions relating to the Services when it deems it appropriate. The amendments will be effective after the publication by Consultoría en Tecnología Sostenible, S.A.S. of the updated Terms and Conditions at this location or the amended policies or supplemental conditions on the applicable Service. Your continued access or use of the Services after such publication constitutes your consent to be bound by the Terms and Conditions and their amendments. The collection and use we make of personal information in connection with the services is as provided in the Sustek.co Privacy Policy available at https://sustek.co/privacy/

1. DEFINITIONS.

The terms whose first letter is capitalized (except when it is exclusively because they start a sentence or are a proper name), have the meaning assigned to them below, or that is expressly assigned to them in these terms and conditions or in the privacy policy.  Web Portal: Source Code, object code, back-end, front-end and other elements that make up the website.  Application or Platform: It includes the software developed to function as a program available for technological devices that aims to allow a user to perform one or various types of tasks, all of them immersed within the object of the terms and conditions or related activities.  E-commerce: It includes the performance of acts, businesses or commercial operations agreed upon through the exchange of telematic data messages between suppliers, intermediaries and consumers for the commercialization of goods, in accordance with Article 49 of the Consumer Statute, Law 1480 of 2011.  Client(s) or User(s): Natural or legal persons who decide to use the Platform for their benefit in relation to the construction of their professional profile and to satisfy the particular needs of their business model.  Personal Data: It is all information that allows a natural and/or legal person to be identified or identifiable.  Privacy Policy: It means the privacy policies of Consultoría en Tecnología Sostenible S.A.S, which are duly published on the Platform, at the link https://sustek.co/privacy.  Services: It means all the services offered and explained in this document.  Terms and Conditions: Terms of Use or Agreement means these Terms and Conditions of Consultoría en Tecnología Sostenible S.A.S. BIC  Credentials: Username and password used to access the Platform.  Registration: Process carried out by a User and/or Client through the Platform.

2. ACCEPTANCE OF THE TERMS AND CONDITIONS.

By accepting the Terms and Conditions established on this Platform, the User accepts the conditions contained herein, as well as the Privacy Policy of Consultoría en Tecnología Sostenible S.A.S. BIC. Likewise, it is understood that they accept the other operating rules, policies and procedures that may be published by Consultoría en Tecnología Sostenible S.A.S. BIC on the Platform, each of which is incorporated by reference. Without prejudice to the foregoing, some services offered on the Platform may be subject to additional Terms and Conditions, in which case, the User's use of said services will be subject to the specific acceptance by the Client. If the User does not accept them, they must refrain from using said services in any way.

3. CAPACITY.

In accordance with Colombian Law, the User who accepts these Terms and Conditions must be legally capable and have the relevant authorizations for the binding of the person they represent. In accordance with the foregoing, the User guarantees and Consultoría en Tecnología Sostenible S.A.S. BIC understands that the User who accepts these Terms and Conditions knows in advance whether or not they are capable of entering into contracts on behalf of the person determined as User.

4. SCOPE OF THE SERVICE.

Sustek.co is a sustainable consulting firm that uses technology to drive a positive impact on people and the planet. In the development of the activities carried out by Sustek.co, there is a regulated contractual relationship which is detailed in these terms and conditions. 4.1. LEGAL RELATIONSHIP BETWEEN SUSTEK.CO AND THE USER. Regarding the legal relationship between Sustek.co and the User, any other purpose for which the Platform is used by the User will be understood as a serious breach of these Terms and Conditions. The license of the Platform will not imply for the User the possibility of economically exploiting the industrial property rights or copyrights that are in favor of Sustek.co. The license will grant the User solely and exclusively the use of the Platform in relation to its functionalities. The performance of activities that imply the use for illicit purposes or contrary to the Colombian legal system implies a breach of the contract and the possibility of making effective the penalty clause indicated in these terms and conditions. Sustek.co reserves the right to unilaterally cancel the license for the use of the Platform.

5. GENERAL PROVISIONS FOR ALL SERVICES OFFERED BY Sustek.co.

5.1. SERVICES PROVIDED. With regard to the activities contracted by the User, the procedures and services included in the rates and unique offers of Sustek.co have been expressly identified. Any other procedure or service is excluded from the obligations of Sustek.co and will not be included in the fee charged, for which it must be quoted separately. Likewise, Sustek.co undertakes to provide the services once payment for them has been registered by the Client. If the Parties agree that the provision of services by Sustek.co will be made prior to the registration of payment by the Client, it will be expressly stated in the service proposal accepted by the Client, which will be binding on the Parties as it is considered a Commercial Offer. 5.2. PROTECTION OF INTELLECTUAL PROPERTY. Sustek.co has a Platform that has been built through a source code and object code of its ownership, for which Sustek.co reserves the right to adopt all necessary measures to limit Users' access in case of suspected violation of intellectual property or copyright rules that are detrimental to the interests of Sustek.co. 5.3. ACCESS TO ACCOUNTS. Within the Platform, an account will be created in the User's name, which will contain the client's information and the tools to access the services and resources of the web portal. 5.4. PLATFORM ACCOUNTS. The Platform and/or website accounts will be personal and non-transferable. The Client or account holder must be the only one who owns them and it is their sole responsibility to make confidential use of them. If for any reason a third party has access to these keys, the Client or account holder must inform Sustek.co immediately so that it can proceed to change the passwords. The misuse that may be generated within the Platform and/or Website by third parties who have access to the client's accounts is the responsibility of the Client or account holder and Sustek.co will not be responsible in any way. 5.5. SHOWCASE. Sustek.co will configure the Client's professional profile to share it with the projects and specialties that best match their profile.

6. DURATION.

The term for the execution of the contracted activities will be that stipulated in the service proposal. In any case, it will be understood to be renewed for the same execution time, as long as the Parties do not express a contrary intention. Without prejudice to the foregoing, the Parties may at any time terminate the relationship between the Parties unilaterally, provided that this is done in writing and with thirty (30) days' notice prior to its termination.

7. OBLIGATIONS OF SUSTEK.CO

Sustek.co will provide the contracted services with full professional autonomy and independence, committing to comply with the following obligations, without prejudice to the special obligations stipulated in these Terms and Conditions: A. To inform in writing, immediately and with due justification, of any change that affects or may affect the conditions of the relationship between the Parties and that arise during the term of execution of the same; B. To act in good faith in the execution of the relationship between the Parties; C. To comply with all the obligations inherent to the nature of the relationship between the Parties and the legal ones; D. To maintain strict confidentiality regarding the information it knows about the User.

8. OBLIGATIONS OF THE CLIENT

The User undertakes with respect to Sustek.co to comply with the following obligations: A. To pay for the Services punctually and in accordance with what has been agreed between the Parties, as well as in the Commercial Proposal; B. To act in good faith in the execution of the relationship between the Parties; C. To comply with all the contractual obligations inherent to the nature of the relationship between the Parties and the legal ones; D. To maintain strict confidentiality regarding the information whose ownership belongs to Sustek.co.

9. RIGHTS OF SUSTEK.CO

By virtue of the provision of the activities referred to herein, Sustek.co acquires, especially, the following rights: A. To reserve the strategy to be followed regarding the advice requested by the User; B. To refuse to provide its advice whenever circumstances so warrant, especially when the client breaches any of its obligations; C. To request and have the necessary information from the client for study, analysis and eventual advancement of consulting; D. The possibility of demanding from the User the effectiveness of the rights recognized herein, and the fulfillment of the duties to which they commit.

10. RIGHTS OF THE CLIENT.

By virtue of the provision of the agreed activities, the User acquires, especially, the following rights: A. To request from Sustek.co all the necessary information so that their doubts, queries or requests are resolved, as long as it is within the parameters included in these Terms and Conditions; B. To have at their disposal the necessary tools for the attention of their queries and the proper functioning of their business; C. To reserve the right not to disclose information about their clients, when this is not necessary for the provision of the contracted services; D. The possibility of demanding from Sustek.co the effectiveness of the rights recognized herein, and the fulfillment of the duties to which it commits.

11. PAYMENT

Payment for the contracted services must be made as stipulated in the service proposal.

12. SUSPENSION OF THE SERVICE BY THE USER.

In the event that the User decides to suspend the service(s) provided by Sustek.co, they must notify this decision to the email address contact@sustek.co fifteen (15) calendar days in advance. This will imply that Sustek.co will not continue to develop the activities of the service(s) for the User and the latter will be responsible for the damages caused by said decision. Once the User decides to continue with the service(s), they must notify it to the same email address fifteen (15) days in advance.

13. TERMINATION.

The relationship of the Parties to which these Terms and Conditions refer may be terminated for the reasons determined by law and especially for the following: A. By mutual agreement between the Parties; B. For the breach by one of the Parties of the obligations arising from these Terms and Conditions, which will entitle the other to terminate it, without prejudice to the pertinent legal actions, and what is established in the following numerals; C. By unilateral decision of any of the Parties notifying the other with an anticipation of thirty (30) calendar days, a notification that must be made by the User to the email contact@sustek.co and by Sustek.co, must be sent from the aforementioned email address. D. Due to supervening impossibility that prevents compliance with the contractual object; E. In the event that any of the Parties provides or has provided false or incomplete information or refuses to update the information required for the contractual relationship when the law so requires.

14. AUTONOMY AND INDEPENDENCE

Sustek.co, its employees and collaborators, will act on their own account, with absolute autonomy and will not be subject to subordination by the User. Their rights will be limited, in accordance with the nature of the relationship between the Parties, to demanding compliance with the User's obligations and payment of the value stipulated in these Terms and Conditions. The people who participate in the execution of the relationship between the Parties are employees and/or contractors exclusively of Sustek.co and will not have any employment relationship with the User.

15. RELATIONSHIP BETWEEN THE PARTIES

These Terms are not intended to and nothing included herein shall be construed as creating a principal-agent, principal-commission agent, employer/substitute employer-employee, partner-associate relationship between Sustek.co and the Client. Neither Party shall be entitled to represent and bind the other in any way, and each Party shall be solely responsible for its own acts.

16. FORTUITOUS EVENT OR FORCE MAJEURE

Neither Party shall be liable for breach of these Terms when it is motivated by a fortuitous event or force majeure. Notwithstanding the foregoing, the existence of a fortuitous event or force majeure will not be a reason for the affected Party not to pay in a timely manner the amounts or comply with the obligations set forth in the Commercial Proposal, prior to the appearance of the fortuitous event or force majeure. The Party affected by such a situation will notify the other in writing within a period that shall not exceed ten (10) calendar days following the knowledge of the existence of a fortuitous event or force majeure. In the event that the consequences of the fortuitous event or force majeure persist for more than ten (10) calendar days from the date the affected Party notifies of its existence, either Party may terminate the Commercial Relationship by written notice to the other Party five (5) calendar days in advance and without the need for a judicial resolution for this purpose.

17. ARBITRATION CLAUSE

Any controversy or difference relating to the relationship that arises between the Parties and the fulfillment of any of the indicated obligations will be resolved by a free Arbitration Tribunal for MIPYMES, presenting the respective request to the Arbitration and Conciliation Center of the Chamber of Commerce of Bogotá. The Arbitration Tribunal will be governed in accordance with the following rules: (i) The Tribunal will be composed of one (1) arbitrator chosen by common agreement of the Parties, from the list kept for this purpose by the Arbitration and Conciliation Center of the Chamber of Commerce of Bogotá. In the event that there is no agreement, the Parties expressly delegate to the Business Conciliation and Arbitration Center the appointment of the arbitrator in accordance with what is indicated in the internal regulations; (ii) The Tribunal will function in accordance with the Arbitration regulations of the Arbitration and Conciliation Center of the Chamber of Commerce of Bogotá; (iii) The Tribunal will decide in law; (iv) The Secretary of the Arbitration Tribunal will be chosen from the official list of secretaries kept for this purpose by the Arbitration and Conciliation Center of the Chamber of Commerce of Bogotá; (v) The Tribunal will meet at the facilities of the Chamber of Commerce of Bogotá.

18. PENALTY CLAUSE

The Parties agree that, in the event of a serious breach of their obligations contained in these Terms and Conditions, this will give rise to the termination of the relationship between the Parties, and the breaching Party undertakes to pay the affected Party a conventional penalty equivalent to one (1) month's payment, of the amount provided as a monthly consideration in the Commercial Proposal, within thirty (30) calendar days following the serious breach. Likewise, the Parties expressly agree that no judicial or extrajudicial requirement will be necessary to be in default regarding the payment of the conventional penalty, therefore, the Party obliged to pay the conventional penalty must pay a monthly default interest equivalent to the Maximum Interest Rate, which will be calculated from the moment the obligation to pay the conventional penalty should have been settled and until the moment the owed amount is effectively paid.

19. CONFIDENTIALITY

With the acceptance of these Terms and Conditions, the Parties in turn agree and mutually accept compliance with certain Confidentiality obligations, which are established below: Confidential Information must be understood as all information to which the Parties have access, whether it is the information that the User officially delivers to Sustek.co, as well as that which the latter delivers to the former; or to which any of the Parties have access, as a consequence of the natural processes of the commercial relationship between the Parties, regardless of the form in which said information has been delivered, whether orally, in writing, demonstrative graphics, electronically recognizable, or that which comes in the form of a sample. Confidential Information will also be any information determined as the property of the other party, whether or not it is classified or marked as Confidential at the time of being made known or revealed, as well as any opinion or fact expressed by one of the Parties to the representatives, employees, agents or advisors of the other. For the purposes of this clause, information relating to any trade secret, know-how, of clients or workers, personal data, technical and/or commercial information is presumed to be totally and absolutely confidential and reserved. Likewise, any information shared between the Parties that meets the following characteristics will be confidential: (a) Any physical or electronic document, verbal or written communication, or through any software or computer program, that allows the communication of voice, video, data or text; (b) telephone communications or through mobile phones, text messages, data messages (the latter, understood as any information sent, generated, received, stored or communicated by electronic, optical or similar means, among others that exist or may come to exist; (c) Any film, photographic or sound recording, plans, maps, cartography of any type, designs of any kind of schematic representation in two scales or in the third dimension, of any land, population, construction, building, orographic, oceanographic or hydrographic. Notwithstanding the provisions of the preceding paragraph, neither Party will incur any liability whatsoever when the Confidential Information provided to it is known by any third Person, for any of the following reasons: A. When the Confidential Information becomes public domain during the term of the Contractual Relationship, without any breach by any of the Parties of their confidentiality obligations in accordance with the provisions of these Terms; B. When the owner of the Confidential Information authorizes in writing through its duly authorized representative(s) for that purpose, that the other Party disseminate the Confidential Information without restrictions to third Persons, as established; or C. In the event that any of the Parties is obliged by administrative provision or by judicial order to deliver, totally or partially, the Confidential Information, it must communicate it in writing to the other Party at the moment it becomes aware of the corresponding requirement. In the event that the requirement referred to in this subsection is not clear or is not delimited in relation to the information requested to be disclosed, the Party to whom the requirement is made must request the corresponding administrative or judicial authority to delimit the Corresponding Confidential Information; D. When any of the Parties obtains the Confidential Information from a third party without any breach of these Terms and Conditions. By virtue of these Terms and Conditions, the Parties undertake to maintain the information delivered by the other party under the strictest confidentiality and reservation, as well as any information that is aired, discussed or discussed in meetings between the Parties, or that emanates in any tangible or intangible form from one or the other. Consequently, the Parties undertake not to use the Confidential Information for their direct or indirect benefit, nor for the benefit of any third party, entity or company; Likewise, the Parties undertake not to copy or reproduce it by any means, without the prior written authorization of the party that has disclosed the information; With the acceptance of these Terms and Conditions, the Parties ensure that their family, friends, relatives and acquaintances will not have any type of access to the Confidential Information described herein. The ownership of the Confidential Information of the User or its clients or users, or the third parties related to the development of projects related to the relationship between the Parties, is the property of the same and, therefore, Sustek.co undertakes not to disclose its content partially or totally, during the term and two (2) years after the end of the relationship between the Parties. The confidentiality obligations that they acquire by accepting these Terms and Conditions are agreed without prejudice to the treatment that Sustek.co may give to the personal data provided by the User, in accordance with the provisions of the Data Protection Policy that has been made available to the User.

20. PROCESSING OF PERSONAL DATA.

The Parties agree that, in the event that, due to the provision of the Services, Sustek.co has to collect Personal Data from individuals, the Parties agree that the Client will be the "Controller" of the Personal Data collected from individuals and their Processing, and Sustek.co will act as the "Processor" of said Personal Data in order to be able to process them. For the purposes of the provisions of this section, the terms "Personal Data", "Controller", "Processor" and "Processing" will be understood as the definition that for said terms establishes the Statutory Law for the Protection of Personal Data (Law 1581 of 2012) (hereinafter "Data Protection Law") so the Parties assume the obligations that the Data Protection Law imposes on them as "Controller" and "Processor", as appropriate. Likewise, any Personal Data collected from the Client or User, its partners, shareholders, personnel or workers, by Sustek.co will be treated in accordance with the Sustek.co Privacy Notice, which can be consulted at https://sustek.co/privacy

21. INTERPRETATION

These Terms and Conditions will be interpreted in accordance with the principle of good faith and attending to the purpose of the object by virtue of which it has been contracted, thus incorporating the criteria dealt with in articles 1618 and subsequent of the Civil Code. In particular, the intention will be consulted first rather than the literality of the agreed clauses. These Terms and Conditions will be governed and interpreted by the laws applicable to the Republic of Colombia, particularly by the provisions of the Colombian Code of Commerce.

22. ASSIGNMENT

Neither Party may assign the execution of the Service in whole or in part, unless (i) it obtains written authorization from its counterpart; or (ii) it involves affiliated or subsidiary companies, upon prior written notification to the other Party.

23. ENTIRE AGREEMENT

The Parties state that these Terms and Conditions constitute a complete and total agreement regarding their object, replacing any other verbal or written contract entered into between the same Parties previously regarding the same object, including with respect to previous contracts that have been assigned.

24. ADDRESS AND NOTIFICATIONS

As an address to be required for the fulfillment of the obligations stipulated in this instrument, or for any other matter related to it, Sustek.co indicates the following address, with the understanding that all notices and notifications that must be made in accordance with it will be in writing and will take effect at the time of receipt by the recipient, if delivered by hand; or on the date recorded on the corresponding receipt, if sent by certified mail with acknowledgment of receipt, postage prepaid. The data for notifications will be the following: To Sustek.co at the Email: contact@sustek.co The User will be notified at the data provided on the platform; In case of change of address, the Client will be notified within a term of fifteen (15) calendar days prior to the date of change, with the understanding that as long as this notice is not provided, any notification made to the previous address will be valid. The Parties undertake to communicate any variation in the aforementioned addresses. In the event that they do not do so, the notifications will be served and will be fully valid when they are made to the place indicated in this section.

25. MODIFICATIONS

Sustek.co may, at its sole and absolute discretion, change these Terms and Conditions by itself and without prior notice. However, such changes will only apply from the moment they are notified to the Users through the email addresses that are provided for that purpose by them. Unless otherwise specified in these Terms of Use, all notices or modifications will be considered duly delivered from the moment of sending to the User to their email, or from the moment they are published on the platform, as appropriate. If the User has any questions regarding the Terms and Conditions, Privacy Policy, use of the Platform or their Profile, they may contact Sustek.co via email. The messages will be attended to as soon as possible. This channel will be the fastest response, with the other contact details being for exclusively administrative use.

26. VALIDITY

The present data policy comes into effect on August 10, 2025. The Personal Data that are stored, used, or transmitted will remain in Sustek.co's database for the time necessary for the purposes mentioned in this Policy for which they were collected. Thus, the validity of the database is closely related to the purposes for which the personal data were collected. In this sense, the temporality or validity is subject to the purposes of the Treatment recorded herein.