LEGAL

Terms of Service

February 13, 2026

Welcome to Aspen.ai. These Terms of Service ("Terms") govern your access to and use of the Aspen.ai platform, website, and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not access or use the Service.

1. Definitions

  • **"Platform"** refers to the Aspen.ai web application, APIs, and all related services.
  • **"User"** refers to any individual who creates an account or uses the Platform.
  • **"Organization"** refers to a workspace created on the Platform where multiple Users can collaborate.
  • **"Content"** refers to any data, text, images, or other materials uploaded, created, or generated through the Platform.

2. Account Registration

To use the Service, you must:

You are responsible for all activity that occurs under your account. We reserve the right to suspend or terminate accounts that violate these Terms.

  • Be at least 16 years of age
  • Provide accurate and complete registration information
  • Maintain the security of your account credentials
  • Promptly notify us of any unauthorized access to your account

3. Acceptable Use

You agree not to use the Service to:

We reserve the right to investigate and take appropriate action against any violation, including removing content and suspending or terminating accounts.

  • Violate any applicable laws or regulations
  • Infringe upon the intellectual property rights of others
  • Upload or distribute malicious code, viruses, or harmful content
  • Attempt to gain unauthorized access to other users' accounts or our systems
  • Use automated means (bots, scrapers) to access the Service without prior written permission
  • Interfere with or disrupt the integrity or performance of the Service
  • Use the Service for spam, phishing, or fraudulent activities

4. Your Content

You retain ownership of any Content you upload or create through the Platform. By using the Service, you grant us a limited, non-exclusive license to store, process, and display your Content solely for the purpose of providing the Service to you.

You are solely responsible for the Content you create and share. You represent that you have all necessary rights and permissions to use and share such Content.

We do not claim ownership over your Content and will not use it for purposes other than providing and improving the Service, unless you give us explicit permission.

5. Third-Party Integrations

The Platform allows you to connect third-party services (social media platforms, advertising networks, analytics tools). When you enable an integration:

  • You authorize us to access and retrieve data from these services on your behalf
  • You are responsible for complying with the third party's terms of service
  • We are not responsible for the availability, accuracy, or policies of third-party services
  • You may revoke access to any integration at any time through your account settings

6. InstaFlow — Instagram DM Automation

InstaFlow is a feature of the Platform that enables automated Instagram Direct Message conversations. By using InstaFlow, you agree to the following additional terms:

Compliance Obligations

  • You are the **data controller** for any personal data collected from Instagram users ("leads") through InstaFlow. Aspen.ai acts as the data processor on your behalf.
  • You must comply with all applicable data protection regulations, including GDPR (EU), when collecting and processing lead data.
  • You must comply with **Meta's Platform Terms** and Instagram's policies, including the Instagram Messaging API terms of use.
  • You must not use InstaFlow to send unsolicited spam, engage in deceptive practices, or violate Instagram's Community Guidelines.

Data Collection & Consent

  • You must ensure appropriate notice and, where required, consent is obtained before collecting personal data (email, phone, preferences) from leads.
  • InstaFlow provides consent notice features within conversation flows. You are responsible for configuring appropriate consent text for your use case.
  • Recurring messages may only be sent to leads who have explicitly opted in. You must honor opt-out requests promptly.

Data Retention & Deletion

  • Lead data is automatically purged after the retention period configured in your organization settings (default: 3 years per CNIL recommendations).
  • You may delete individual leads or perform bulk deletions at any time. All associated data (conversations, messages, segment memberships) is permanently removed.
  • All deletions, exports, and automated purges are recorded in an audit trail for compliance purposes.

Data Subject Rights

As data controller, you are responsible for responding to data subject requests (access, portability, erasure) from your leads. InstaFlow provides tools to facilitate these requests, including individual data export (JSON) and lead deletion with cascade.

7. Subscription and Payments

Certain features of the Service may require a paid subscription. By subscribing to a paid plan:

Free tier users may be subject to usage limits. We reserve the right to modify free tier features and limits at any time.

  • You agree to pay the fees associated with your selected plan
  • Subscriptions renew automatically unless cancelled before the renewal date
  • Prices may change with 30 days' prior notice
  • Refunds are handled on a case-by-case basis at our discretion

8. Intellectual Property

The Service, including its design, features, code, documentation, and branding, is owned by Aspen.ai and protected by intellectual property laws. You may not copy, modify, distribute, or reverse-engineer any part of the Service without our prior written consent.

The Aspen.ai name, logo, and all related marks are trademarks of the Company. You may not use them without our prior written permission.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Aspen.ai and its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or related to your use of the Service.

Our total liability for any claim arising from or related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

10. Indemnification

You agree to indemnify and hold harmless Aspen.ai and its affiliates from any claims, damages, losses, or expenses (including reasonable legal fees) arising out of your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

11. Termination

You may terminate your account at any time by contacting us or through your account settings. Upon termination:

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. We will make reasonable efforts to notify you before termination unless the termination is due to a violation of these Terms.

  • Your right to use the Service will cease immediately
  • We will delete your personal data within 30 days, subject to legal retention requirements
  • Organization data may be retained if other members still have active accounts

12. Modifications to the Service

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

13. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes constitutes acceptance of the revised Terms.

If you do not agree with the updated Terms, you must stop using the Service and terminate your account.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law principles. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of France.

15. Contact Us

If you have questions about these Terms of Service, please contact us:

  • Email: legal@aspen.ai
  • Company: [company name to be added]
  • Address: [address to be added]