Last updated: Jan 20, 2026
PLEASE READ THESE CLOUD SERVICES TERMS (“TERMS”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY ASPECT BUILD SYSTEMS, INC. (“ASPECT”). BY (A) MUTUALLY EXECUTING AN ORDER FORM THAT REFERENCES THESE TERMS, (B) CLICKING “SIGN UP” OR A SIMILAR BUTTON OR CHECKBOX, (C) ACCESSING OR USING THE SERVICES, OR (D) SUBMITTING AN ONLINE ORDER FORM VIA ASPECT’S STANDARD ONLINE PROCESS, YOU (“CUSTOMER”) AGREE TO BE BOUND BY THESE TERMS (THE “TERMS”, AND TOGETHER WITH ALL ORDER FORMS, ONLINE REGISTRATION PAGES, OR SIMILAR ORDERING DOCUMENTS, COLLECTIVELY THE “AGREEMENT”) TO THE EXCLUSION OF ALL OTHER TERMS. EACH ORDER FORM, ONLINE REGISTRATION PAGE, OR SIMILAR ORDERING DOCUMENT IS REFERRED TO HEREIN AS AN “ORDER FORM”. ANY ONLINE ORDER FORM YOU SUBMIT VIA ASPECT’S STANDARD ONLINE PROCESS SHALL BE DEEMED ACCEPTED BY ASPECT WHEN ASPECT PROVIDES YOU ACCESS TO THE SERVICES. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ENTITY, THEN YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO BIND SUCH ENTITY TO THE TERMS OF THIS AGREEMENT. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS.
Subject to the terms hereof (including all restrictions and limitations set forth on the Order Form), payment of all fees (if applicable), Aspect grants Customer a personal, non-transferable, nonexclusive, right to access and use the services identified in the Order Form (“Services”) only in accordance with Aspect’s applicable user documentation and price list, solely during the applicable Subscription Term (as defined below). Upon signing up for an account, Customer may request access to a subset of paid Services on a trial or pilot basis pursuant to Section 9.3, which Aspect may grant in its sole discretion for a period determined by Aspect, unless Customer purchases a subscription.
Customer will not (and will not allow any third party to) (i) reverse engineer or attempt to discover any source code or underlying ideas or algorithms of any Services (except to the extent that applicable law prohibits reverse engineering restrictions), (ii) provide, lease, lend, disclose, use for timesharing or service bureau purposes, or otherwise use or allow others to use for the benefit of any third party, any Services (except as expressly and specifically authorized by Aspect), (iii) possess or use any Services, or allow the transfer, transmission, export, or re-export of any Services or portion thereof in violation of any export control laws or regulations administered by the U.S. Commerce Department, U.S. Treasury Department's Office of Foreign Assets Control, or any other government agency, (iv) disclose to any third party any benchmarking or comparative study involving any Services or (v) modify any Services.
Customer may provide feedback, suggestions, or comments to Aspect regarding the Services (“Feedback”). Customer hereby grants Aspect a nonexclusive, perpetual, worldwide, royalty-free, fully paid-up, sublicensable, transferable license to use, make available and otherwise exploit the Feedback for any purpose.
Customer acknowledges that Services may be distributed alongside or contain or use certain third-party software and/or open-source software, (“Additional Software”). Aspect has provided Customer with a list of any Additional Software and a copy of the respective licenses for the Additional Software. That list is maintained here. Additional Software is (in addition to the terms and conditions of this Agreement), subject to and governed by (and Customer agrees to) the respective licenses for the Additional Software that are provided therewith.
Where Customer integrates the Services with third-party systems and services (including build tools, CI/CD platforms, cloud infrastructure, dependency registries, APIs, or other services, collectively “Third-Party Services”), Customer: (i) represents that it has and will maintain all necessary rights and consents for such Third-Party Services; (ii) shall grant only minimum required permissions and promptly revoke unnecessary access; (iii) is solely responsible for credentials, security configurations, and ensuring no unlawful or unauthorized data exists; (iv) acknowledges Aspect may process data from such Third-Party Services to provide the Services; and (v) agrees Aspect may suspend Third-Party Services that pose security, performance, or compliance risks. Customer acknowledges Aspect is not responsible for Third-Party Services’ operation or availability, makes no representations regarding such services, and disclaims liability for issues arising from Customer’s configuration, credential management, or Third-Party Service dependencies.
As between the parties, Customer retains all right, title, and interest in and to any data, content, code, build configurations, artifacts, and materials provided by Customer to or processed through the Services (“Customer Data”). Customer represents and warrants that it has all necessary rights, licenses, and permissions to provide Customer Data to the Services. Customer grants Aspect a non-exclusive, worldwide license to access, use, process, and store Customer Data solely to: (i) provide and maintain the Services; (ii) prevent or address technical or security issues; (iii) comply with applicable law; and (iv) enforce this Agreement. Aspect will not use Customer Data for any other purpose, including training models or developing other products or services, without Customer’s prior written consent.
Aspect may collect and analyze data regarding the performance, usage, and operation of the Services, including metrics such as compute consumption (build minutes, pipeline execution time), system performance, feature usage patterns, error rates, configuration patterns, dependency statistics, build success rates, and similar technical data (“Usage Data”). Aspect may use Usage Data to: (i) operate, improve, and develop the Services and other products; (ii) create aggregate benchmarks and statistics; (iii) perform analytics; and (iv) train models and algorithms. Aspect will anonymize Usage Data such that it does not identify Customer or any individual. Aspect owns all Usage Data and may disclose aggregate, anonymized statistics derived from Usage Data to third parties.
As between the parties, Aspect retains all rights, title, and interest (including all intellectual property rights) in and to the Services, the underlying software, algorithms, models, Documentation, and all upgrades, modifications, and derivative works thereof. No rights or licenses are granted by implication or otherwise under any Aspect intellectual property, except those explicitly provided in this Agreement.
During the Order Form Term, Aspect will use reasonable commercial efforts to provide the support and maintenance services for the Services as and to the extent described in Aspect’s then applicable standard Support and Maintenance Terms (“Support Services”).
Customer agrees to reasonably cooperate with Aspect by providing timely access to necessary resources, information, and personnel required for the successful implementation, integration, and ongoing use of the Services. Aspect shall not be responsible for any delay caused by Customer’s failure to perform the foregoing.
Customer is solely responsible for its organization maintaining secure credentials and proper access permissions for the Services. Aspect disclaims liability for any data loss, corruption, or unauthorized access resulting from Customer’s configuration or credential management.
To ensure successful integration of the Services with Customer’s technology stack, including build systems, CI/CD pipelines, development tools, and production systems (collectively, “Customer Systems”), Customer will be responsible for: (i) establishing appropriate authentication, authorization, and access controls to its Customer Systems to maintain security; (ii) implementing suitable approval workflows and deployment checkpoints as part of Customer’s build and deployment practices; (iii) maintaining appropriate separation between staging, testing, development, and production environments according to Customer’s operational requirements; (iv) implementing rollback capabilities, backup procedures, and recovery plans consistent with Customer’s business continuity needs; and (v) monitoring Services activities within Customer Systems and maintaining audit logs as deemed necessary by Customer.
Customer shall pay Aspect fees as set forth on the Order Form (or, if no fees are specified on the Order Form, Aspect’s then current standard subscription fees for any authorized copies or uses of the Services or such other fees as have been expressly agreed to by Aspect) (“Fees”). Unless otherwise specified on the Order Form, all Fees shall be invoiced monthly in advance and all invoices issued under this Agreement are payable in U.S. dollars within thirty (30) days from date of invoice. Aspect will invoice Customer at the email address provided in the Order Form. All payments shall be made in the currency of, and within the borders of the United States.
Without limiting Aspect’s remedies, if Customer makes or uses copies, or has users/uses, that are not authorized hereunder, it will so report to Aspect and will pay additional subscription and support fees equal to Aspect’s then current standard fees for such extra copies and users/uses. From time to time upon request, Aspect will be entitled to audit or have audited records relevant to assure compliance with the foregoing; any audit showing noncompliance will be at Customer’s expense.
Customer will pay all taxes, shipping, duties, withholdings, backup withholding and the like; when Aspect has the legal obligation to pay or collect such taxes, the appropriate amount shall be paid by Customer directly to Aspect.
Customer will reimburse Aspect for all reasonable travel and other related expenses incurred by Aspect in its performance hereunder; provided, however, that such expenses shall have been pre-approved by Customer.
Past due invoices are subject to interest on any outstanding balance of the lesser of one and one-half percent (1.5%) per month or the maximum amount permitted by law. Customer shall also reimburse Aspect for all reasonable costs incurred by Aspect in the collection of past due amounts, including attorneys’ fees and collection agency fees.
Where an Order Form specifies usage-based pricing or consumption limits, the following shall apply:
Aspect will measure Customer’s usage of the Services, including without limitation compute time (such as CI/CD build minutes and pipeline execution time), storage consumption, data transfer and egress, and machine or instance provisioning (collectively, “Usage”). Aspect’s measurement and calculation of Usage shall be final and binding absent manifest error.
Unless otherwise specified in the Order Form, Aspect may establish reasonable usage limits, quotas, or consumption thresholds for the Services. Customer acknowledges that exceeding such limits may result in additional charges, service degradation, throttling, or temporary suspension of access to the Services.
If Customer’s Usage exceeds the amounts included in the Fees or any limits specified in the Order Form, Customer shall pay Aspect’s then-current standard rates for such excess Usage. Aspect will invoice Customer for such overage charges monthly in arrears, and such charges shall be due within thirty (30) days of invoice.
If Aspect reasonably determines that Customer’s Usage is excessive, abnormal, or creating operational or cost risks for Aspect or other customers, Aspect may (i) provide Customer with notice and an opportunity to reduce such Usage within a reasonable timeframe, or (ii) in cases of extreme or ongoing excessive Usage, immediately throttle, limit, or temporarily suspend Customer’s access to the Services. Aspect shall not be liable for any such throttling, limitation, or suspension undertaken in accordance with this Section.
Customer is responsible for monitoring its own Usage and implementing controls to prevent excessive or unintended consumption. Aspect may provide usage dashboards or reporting tools but shall have no obligation to warn Customer before Usage limits are reached or exceeded.
Unless otherwise set forth in the Order Form, the “Subscription Term” shall begin as of the effective date set forth on the Order Form, and unless earlier terminated as set forth herein, (x) shall continue for the initial term specified on the Order Form (the “Initial Term”), and (y) following the Initial Term, shall automatically renew for additional successive periods of equal duration to the Initial Term (each, a “Renewal Term”) unless either party notifies the other party of such party’s intention not to renew no later than thirty (30) days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable.
All access rights will terminate thirty days (ten in the case of non-payment and immediately in the case of a breach of Section 1) after notice of any breach by Customer remaining uncured at the end of such notice period. Access rights will also terminate upon the expiration of any applicable subscription period specified for the applicable Services on the Order Form.
Upon any termination, Customer shall cease use of the Services. Except as otherwise expressly provided herein, the terms hereof shall survive any termination. Termination is not an exclusive remedy, and all other remedies will be available whether or not termination occurs.
Aspect shall hold Customer harmless from liability to third parties resulting from infringement by the Services of any United States patent issued sixty (60) days or more before delivery of such Services or any copyright or misappropriation of any trade secret, provided Aspect is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; Aspect will not be responsible for any settlement it does not approve.
The foregoing obligations do not apply with respect to the Services or portions or components thereof (i) not created by Aspect, (ii) made in whole or in part in accordance to Customer specifications, (iii) that are modified after delivery by Aspect, (iv) combined with other products, processes or materials where the alleged infringement relates to such combination, (v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where Customer’s use of such Services are not strictly in accordance herewith.
Customer will indemnify Aspect from all damages, costs, settlements, attorneys' fees and expenses related to (x) any claim of infringement or misappropriation excluded from Aspect's indemnity obligation by the preceding sentence, or (y) any other claim in connection with the Services or the use or distribution thereof.
Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose information relating to the Disclosing Party’s technology or business (“Proprietary Information” of the Disclosing Party). The Receiving Party agrees: (i) not to divulge to any third person any such Proprietary Information; (ii) to give access to such Proprietary Information solely to those employees with a need to have access for purposes of this Agreement; and (iii) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the party takes with its own proprietary information, but in no event will a party apply less than reasonable precautions to protect such Proprietary Information.
The Disclosing Party agrees that the foregoing will not apply with respect to any information that the Receiving Party can document: (a) is or becomes generally available to the public without any action by, or involvement of, the Receiving Party; (b) was in its possession or known by it without restriction prior to receipt from the Disclosing Party; (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order.
Promptly after the expiration or termination of this Agreement, the Receiving Party shall delete all Proprietary Information of the Disclosing Party, subject to all applicable laws, regulations, and governmental or legally mandated record-keeping requirements.
To the extent Customer provides personal data (as defined by applicable privacy law) through the Services, Aspect will process such Personal Data in accordance with its then-current form of Data Processing Agreement, which is available upon request and incorporated by reference.
Aspect represents and warrants: (i) it has the authority to enter into this Agreement; (ii) the Services shall be provided in a professional and workmanlike manner by qualified personnel; and (iii) it will use commercially reasonable industry standard methods designed to ensure the Services do not include any computer code or other instructions, devices or techniques, including without limitation those known as disabling devices, trojans, or time bombs, that are intentionally designed to disrupt, disable, harm, infect, defraud, damage, or otherwise impede in any manner, the operation of a network, computer program or computer system or any component thereof.
EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE, USAGE OF TRADE, OR COURSE OF DEALING, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
Where an Order Form specifies Trial Access or where such access is granted pursuant to a request under Section 1.1, access to a subset of paid Services is provided on a trial, pilot, proof-of-concept, or evaluation basis (“Trial Access”) for a period determined by Aspect, unless Customer purchases a subscription. Trial Access is provided “AS IS” and “AS AVAILABLE” without any warranties, representations, service level commitments, or support obligations. Trial Access may be modified, suspended, or discontinued by Aspect at any time without notice. Either party may terminate Trial Access immediately upon notice to the other party without cause. Aspect shall have no liability to Customer in connection with any Trial Access.
NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, AND EXCEPT FOR (A) BODILY INJURY, (B) CUSTOMER’S BREACH OF SECTION 1, AND (C) THE PARTIES’ INDEMNIFICATION OBLIGATIONS, NEITHER PARTY NOR ANY OF ITS SUPPLIERS SHALL BE LIABLE OR OBLIGATED WITH RESPECT TO THE SUBJECT MATTER HEREOF OR UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNTS IN EXCESS IN THE AGGREGATE OF THE FEES PAID (OR PAYABLE) TO ASPECT HEREUNDER WITH RESPECT TO THE APPLICABLE SERVICES DURING THE SIX MONTH PERIOD PRIOR TO THE CAUSE OF ACTION OR (II) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES OR RIGHTS; (III) FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES; (IV) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (V) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL. THE SERVICES ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE WHERE THE FAILURE OF THE SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SIGNIFICANT PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”). USE OF THE SERVICES IN HIGH RISK ACTIVITIES IS NOT AUTHORIZED. THE PARTIES AGREE THAT THIS SECTION 10 REPRESENTS A REASONABLE ALLOCATION OF RISK AND THAT ASPECT WOULD NOT PROCEED IN THE ABSENCE OF SUCH ALLOCATION.
Aspect may use Customer’s name and logo in client listings. Aspect may issue a press release announcing the relationship contemplated hereby, subject to Customer’s approval which shall not be unreasonably withheld or delayed.
Neither this arrangement nor the access rights granted hereunder are assignable or transferable (and any attempt to do so shall be void); provided that either party may assign and transfer the foregoing to a successor to substantially all of Aspect’s Services business or assets or Customer’s business for which Services are provided (but if the authorized copies or users are not limited, the assignee is not authorized to expand use beyond Customer’s bona fide pre-assignment use plus reasonably expected growth assuming the assignment and related transactions had not occurred).
The provisions hereof are for the benefit of the parties only and not for any other person or entity.
All notices under this Agreement will be in writing and sent: (a) for notices to Aspect at legal@aspect.build; and (b) for notices to Customer, to the email address or mailing address provided by Customer in the applicable Order Form, during online registration, or otherwise designated in writing by Customer to Aspect, or in each case, at such other address as may be given in writing by either party to the other in accordance with this Section. Notices will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by e-mail; and upon receipt, if sent by certified or registered mail (return receipt requested), postage prepaid.
No failure or delay in exercising any right hereunder will operate as a waiver thereof, nor will any partial exercise of any right or power hereunder preclude further exercise.
If any provision shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this arrangement shall otherwise remain in full force and effect and enforceable.
This agreement shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of California and the United States without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods or the Uniform Computer Information Transactions Act.
This is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter hereof and, except as otherwise set forth below, any waivers or amendments shall be effective only if made in writing; however, any pre-printed or standard terms of any purchase order, confirmation, or similar form, even if signed by the parties after the effectiveness hereof, shall have no force or effect. In the event of any conflict or inconsistency between these Terms and the Order Form, the Order Form shall control. Aspect reserves the right to update and/or modify these Terms at any time; provided that (i) Aspect will provide Customer with reasonable notice (e.g., via e-mail) of any updates or modifications, and (ii) any updates or modifications will not be effective with respect to Customer until the start of the next Renewal Term. Customer’s continued use of or access to the Services after receiving notice of updated Terms constitutes acceptance of such updated Terms.
The substantially prevailing party in any action to enforce this agreement will be entitled to recover its attorney’s fees and costs in connection with such action.
As defined in FAR section 2.101, DFAR section 252.227-7014(a)(1) and DFAR section 252.227-7014(a)(5) or otherwise, all Services and accompanying documentation provided by Aspect are “commercial items,” “commercial computer software” and/or “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, disclosure or distribution thereof by or for the U.S. Government shall be governed solely by these terms and shall be prohibited except to the extent expressly permitted by these terms.
Except for payment obligations, neither party shall be liable for any failure to perform its obligations under this Agreement to the extent caused by circumstances beyond its reasonable control. Such circumstances include fire, flood, severe weather, earthquakes, power failures, denial-of-service attacks, acts of God, war, terrorism, riots, civil disturbances, strikes, labor disruptions, pandemics, epidemics, governmental actions, or disruptions of third-party services or infrastructure.
Nothing in this Agreement shall be construed as creating a joint venture, partnership, or agency relationship between the parties. Neither party has the authority to bind the other or incur obligations on its behalf.
This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Electronic signatures shall be deemed original signatures for all purposes.
