1. Definitions
"Services" means the Aspect cloud media platform and all related products, features, websites (including aspect.inc and app.aspect.inc), the Aspect desktop application for Mac and Windows, the Aspect API, and the Aspect Premiere Pro panel integration. "Software" means the Aspect desktop application and any other downloadable software we provide in connection with the Services. "Desktop App EULA" means the Aspect Desktop Application End User License Agreement available at aspect.inc/legal/desktop-app-eula, as updated from time to time. "Content" means any data, files, media, text, images, video, audio, documents, comments, annotations, or other materials that you upload to, create within, or transmit through the Services. "You" or "Customer" refers to the individual or legal entity accessing or using the Services.2. Account Registration and Security
To use certain features of the Services, you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are responsible for safeguarding your account credentials and for all activity that occurs under your account, whether or not you authorized it. Each account may be used by only one individual and may not be shared. You agree to notify us promptly at support@aspect.inc if you become aware of any unauthorized access to or use of your account.3. Use of the Services
3.1 License
Subject to your compliance with these Terms, any applicable order form, and the Desktop App EULA, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services and Software solely for your internal business purposes during the term of your subscription. You may use the Services and Software only as intended by Aspect and only in accordance with our documentation, technical limits, and written instructions. Downloading, installing, launching, accessing, or using the Software is also subject to the Desktop App EULA. If these Terms and the Desktop App EULA conflict, these Terms control for the Services generally and the Desktop App EULA controls for desktop-software-specific matters, unless an applicable written order form or enterprise agreement expressly states otherwise.3.2 Free Trials
We may offer free trial access to the Services at our discretion. Trial access is provided "as is" without warranty. We may discontinue your trial access at any time without notice. If you do not subscribe to a paid plan before or at the end of your trial, your access will cease and your Content may be permanently deleted. During an Aspect trial, any files, media, documents, metadata, or other content uploaded to an Aspect workspace, or migrated into Aspect at the customer's request from third-party platforms such as Google Drive, Dropbox, or other storage providers, remain owned by the customer or their organization. Aspect does not claim ownership of trial or migrated content. Aspect uses that content only to provide the trial workspace, complete the requested migration, operate the Services, and deliver requested features. Aspect does not use trial or migrated content to train artificial intelligence or machine learning models.3.3 Modifications to the Services
We may modify, update, or discontinue the Services or any feature at any time, with or without notice. If we discontinue a material feature of the Services or the Services entirely, we will make reasonable efforts to notify you in advance and allow you to export your Content.3.4 Storage
Your subscription may include a storage allocation as described on our pricing page or in your order. If you exceed your storage allocation, Aspect may charge applicable overage fees or restrict your ability to upload additional Content until your usage is within your plan limits. Aspect reserves the right to enforce storage limits at any time.4. Prohibited Uses
You agree not to, and not to permit any third party to:- Reverse engineer, decompile, disassemble, decode, decrypt, extract source code from, or otherwise attempt to discover the source code, object code, underlying structure, algorithms, workflows, models, data structures, architecture, or technical implementation of the Services or Software, except to the limited extent such restriction is expressly prohibited by non-waivable applicable law
- Copy, modify, translate, adapt, repackage, redistribute, rent, lease, sell, sublicense, host, outsource, timeshare, or create derivative works based on the Services, Software, documentation, or any Aspect technology
- Access or use the Services or Software to build, train, benchmark, validate, or improve any similar or competing product, service, feature, workflow, model, dataset, or offering
- Observe, monitor, test, or analyze the Services or Software for the purpose of replicating Aspect functionality, user experience, architecture, performance, integrations, or product strategy
- Bypass, disable, impair, remove, defeat, or circumvent any authentication, access control, license check, usage limit, rate limit, security measure, copy protection, local daemon control, update mechanism, or other technical restriction
- Use unauthorized clients, servers, scripts, bots, emulators, protocol implementations, API wrappers, or other tools that access, emulate, intercept, or interact with the Services or Software outside interfaces we expressly make available
- Use any robot, spider, scraper, crawler, bulk export tool, automated means, or systematic process to access the Services, extract Content or metadata, harvest data, or compile any collection, database, directory, model, or dataset except through ordinary product functionality and agreed API limits
- Interfere with or disrupt the Services, or any other user's access to the Services
- Upload or transmit any content that is unlawful, defamatory, harassing, infringing of third-party intellectual property rights, or that contains viruses, malware, or other harmful code
- Upload, store, transmit, or generate system metadata from any Content constituting protected health information, except as expressly permitted under Section 6.2
- Resell, sublicense, or provide access to the Services to any third party as a service bureau or similar offering
- Remove, obscure, or alter any proprietary notice, attribution, trademark, copyright notice, or other rights notice in the Services, Software, documentation, or outputs
- Publish or disclose performance, security, reliability, availability, benchmark, or comparison tests of the Services or Software without Aspect's prior written consent, except for confidential internal security reviews performed for your own use
- Probe, scan, penetration test, or conduct vulnerability research against the Services or Software except under a written authorization from Aspect or a published Aspect security testing policy
- Use the Services in violation of any applicable law or regulation
- Use AI-powered features of the Services (including transcription, automated tagging, object detection, natural language search, and facial recognition) on content for which you do not have all necessary rights, licenses, and consents
5. Your Content
5.1 Ownership
You retain all rights and ownership of your Content. Aspect does not claim any ownership interest in your Content.5.2 License to Aspect
By uploading Content to the Services, you grant Aspect a non-exclusive, worldwide, royalty-free license to host, store, process, display, reproduce, and distribute your Content solely as necessary to operate and provide the Services to you. This license terminates when your Content is deleted from the Services.5.3 System-Generated Metadata
Metadata that Aspect generates from your Content and that is specific to your Content, including AI-generated transcripts, automated tags, and object detection labels, is treated as part of your Content. You own it, it is available for export, and it is deleted when the associated Content is deleted. Aspect does not claim ownership of metadata embedded in or supplied with your Content, such as EXIF, IPTC, filepaths, or existing tags. You grant Aspect a license to generate, store, and use this metadata as necessary to operate and provide the Services to you, consistent with Section 5.2. Aspect retains all right, title, and interest in (a) the metadata systems, search indexes, models, and algorithms used to generate and organize metadata, and (b) aggregated, de-identified, or statistical data that does not identify you or reveal the substance of your Content. This does not affect your ownership of your Content under Section 5.1.5.4 No AI Training
Your Content is never used to train artificial intelligence or machine learning models operated by Aspect or its service providers. Content processed through AI-powered features is used solely to deliver the requested feature and is not retained by AI service providers beyond the time required to process the request.5.5 Your Responsibilities
You represent and warrant that you have all necessary rights, licenses, and consents to upload and use your Content in connection with the Services, and that your Content does not infringe or violate the rights of any third party. Aspect is not obligated to back up your Content. You are responsible for maintaining your own backup copies.6. Sensitive Data
6.1 Biometric Data and Facial Recognition
The Services include an optional facial recognition feature that processes biometric data, including facial embeddings and user-uploaded reference images.- Facial recognition requires affirmative user action to activate. No biometric data is generated until a user uploads face samples. Workspace administrators can disable the feature entirely at any time.
- You are solely responsible for obtaining all legally required consents from individuals whose biometric data may be processed, including consents required under BIPA, CCPA, GDPR, and any other applicable laws, before activating the feature.
- All facial recognition processing is performed on Aspect infrastructure. Biometric data is encrypted using AES-256 at rest, logically isolated per workspace, and never shared across customers.
- Upon the feature being disabled or account termination, biometric data is permanently deleted within 60 days. Immediate deletion is available upon request.
- Aspect does not sell, lease, trade, or otherwise profit from biometric data.
6.2 Protected Health Information
The Services are not designed or intended for the storage or processing of protected health information as defined under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA"). You shall not upload, store, transmit, or generate system metadata from any Content constituting protected health information except where Aspect has approved such use in advance and in writing and the parties have executed a Business Associate Agreement governing that use. Aspect does not inspect the contents of your Content to determine whether it constitutes protected health information or to assess the applicability of any specific regulatory requirement, and you are solely responsible for ensuring that your use of the Services complies with this Section. You will indemnify Aspect for any claim arising from your upload of protected health information in breach of this Section.7. Desktop Application and Local Cache
The Aspect desktop application creates a local mount that caches media files on your device for use with editing tools. The Software may install or operate local components, helpers, extensions, protocol handlers, update mechanisms, and background services that support local mounting, file access, synchronization, downloads, uploads, and integration with your operating system. Your use of the desktop application is subject to the Desktop App EULA. Once Content is cached, pinned, downloaded, exported, or otherwise stored on your device, Aspect has no control over and assumes no responsibility for its security. You are responsible for securing all locally stored data, including managing device access controls, disk encryption, backups, retention, and deletion on your devices.8. Fees and Payment
You agree to pay all fees associated with your subscription as described on our pricing page or in your order. All fees are quoted in United States Dollars unless otherwise specified. Fees do not include taxes. You are responsible for all applicable sales, use, and other taxes and duties, except for taxes based on Aspect's income. Payments are processed through a third-party payment processor. Aspect does not store credit card numbers or payment card data. If you fail to pay any fees when due, Aspect may suspend your access to the Services until all outstanding amounts are paid. If your account remains suspended for 60 consecutive days, Aspect may terminate your account and permanently delete your Content in accordance with Section 13.9. Intellectual Property
Aspect and its licensors retain all right, title, and interest in and to the Services, Software, documentation, technology, workflows, designs, interfaces, algorithms, models, metadata systems, local components, APIs, integrations, and all related intellectual property rights. No rights are granted except for the limited rights expressly stated in these Terms. The Services, Software, documentation, nonpublic APIs, SDKs, feature previews, desktop internals, local helper behavior, and other nonpublic Aspect technology are Aspect proprietary and confidential information. You may not use or disclose them except as expressly permitted by these Terms or a separate written agreement with Aspect. Nothing in these Terms grants you any right to use Aspect's trademarks, logos, domain names, or other brand features without our prior written consent. You retain all intellectual property rights in your Content, as described in Section 5.10. Marketing and Publicity
Aspect may use your name, logo, and trademarks to identify you as an Aspect customer on our website and in marketing materials. Aspect will follow your trademark usage guidelines if you provide them to us. You may opt out of this use at any time by contacting support@aspect.inc.11. Feedback
If you provide suggestions, enhancement requests, recommendations, or other feedback regarding the Services, you agree that Aspect may freely use, incorporate, and commercialize that feedback without any obligation or compensation to you.12. Privacy
Our collection, use, and protection of personal information is governed by our Privacy Policy, available at aspect.inc/legal/privacy-policy. By using the Services, you acknowledge that you have read and understood our Privacy Policy.13. Termination
13.1 Termination by You
You may cancel your subscription and stop using the Services at any time. Cancellation does not relieve you of any obligation to pay outstanding fees.13.2 Termination by Aspect
Aspect may suspend or terminate your access to the Services at any time if you violate these Terms, fail to pay fees when due, or if we are required to do so by law. We will make reasonable efforts to notify you prior to termination except where prohibited by law or where termination is necessary to prevent harm to the Services or other users.13.3 Effect of Termination
Upon termination, you will have 60 days to retrieve and export your Content using the platform's self-service export tools or by contacting support@aspect.inc. After this 60-day retrieval period, Aspect will permanently delete all Content, metadata, biometric data, and other data associated with your account.13.4 Survival
Sections 4 (Prohibited Uses), 5 (Your Content), 6 (Sensitive Data), 9 (Intellectual Property), 11 (Feedback), 14 (Disclaimer of Warranties), 15 (Limitation of Liability), 16 (Indemnification), 17 (Dispute Resolution), and 18 (General Provisions), together with any provisions that by their nature should survive, will survive any termination or expiration of these Terms.14. Disclaimer of Warranties
THE SERVICES AND SOFTWARE ARE 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, TITLE, AND NON-INFRINGEMENT. ASPECT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT AI-POWERED FEATURES WILL PRODUCE ACCURATE, COMPLETE, OR RELIABLE RESULTS.15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ASPECT AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT ASPECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT NEITHER PARTY WOULD HAVE ENTERED INTO THESE TERMS WITHOUT THESE LIMITATIONS OF LIABILITY.16. Indemnification
You agree to indemnify, defend, and hold harmless Aspect and its affiliates, officers, employees, and agents from and against any third-party claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:- Your use of the Services in violation of these Terms
- Your breach of the license restrictions or prohibited uses in Sections 3 or 4
- Your Content, including any claim that your Content infringes or misappropriates a third party's intellectual property rights
- Your use of the facial recognition feature without obtaining required consents or authorizations
