Terms of Service

These Terms of Service ("Terms") govern your access to and use of Aspencast's website, applications, platform, and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

If you use the Service on behalf of a company, organization, or other entity, you represent that you have authority to bind that entity to these Terms, and "you" includes both you and that entity.

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

You must be legally able to enter into a binding agreement to use the Service. You agree to provide accurate, current, and complete account information and to keep that information updated.

You are responsible for all activity that occurs under your account, for maintaining the confidentiality of your login credentials, and for notifying us promptly if you suspect unauthorized access or use of your account.

We may suspend or require changes to account credentials if we believe your account is no longer secure or is being used in violation of these Terms.

Aspencast provides software and related tools for email marketing, SMS marketing, automation, audience management, landing pages, analytics, and related business communications workflows.

We may update, modify, add, or remove features from time to time. We do not guarantee that every feature or integration will always be available, and some features may be subject to additional terms, usage limits, or plan restrictions.

Some parts of the Service require a paid subscription. If you subscribe to a paid plan, you agree to pay all applicable fees, taxes, and charges in effect for your selected plan.

Unless otherwise stated, subscriptions renew automatically for successive billing periods until canceled. You authorize us and our payment processors to charge your payment method for recurring fees and any applicable taxes.

Free plans, trials, promotional offers, and credits may be subject to separate conditions and may be modified or discontinued at any time. If a trial converts to a paid subscription, charges will begin as described at signup or checkout.

Except as required by law or expressly stated in writing, fees are non-refundable. You are responsible for canceling before the next renewal date if you do not want your subscription to continue.

We may change pricing or billing terms from time to time. If we make a material price change to a recurring subscription, we will provide advance notice before the change takes effect.

You retain your rights in the information, text, images, templates, contact records, campaign content, and other materials you upload to or create through the Service (collectively, "Customer Data").

You grant Aspencast a non-exclusive, worldwide, limited license to host, copy, transmit, display, modify as technically necessary, and otherwise process Customer Data solely to provide, secure, support, and improve the Service and as otherwise permitted by these Terms and our Privacy Policy.

You are responsible for the accuracy, quality, legality, and means by which you obtained Customer Data, including whether you have provided required notices and obtained necessary consents, permissions, and rights.

You represent and warrant that your use of the Service and your Customer Data will not violate law, infringe third-party rights, or breach any agreement with another person or entity.

You are solely responsible for the content of messages sent through the Service and for complying with all laws, regulations, industry rules, and carrier requirements that apply to your communications, including rules relating to consent, opt-out rights, sender identification, suppression lists, recordkeeping, and prohibited content.

You may not use the Service to send spam, deceptive or misleading messages, messages to purchased or scraped lists, or messages that violate privacy, consumer protection, telecommunications, or anti-spam laws.

If you use SMS features, you are responsible for obtaining any express consent required for text messaging, honoring stop requests, and complying with all program disclosure and message content requirements applicable to your use case.

Aspencast may monitor complaint rates, bounce rates, unsubscribe activity, and similar signals to protect the Service, our users, and delivery infrastructure.

You may not, and may not permit others to, use the Service to violate law; infringe intellectual property or privacy rights; distribute malware or harmful code; attempt unauthorized access to systems or data; interfere with the integrity or performance of the Service; scrape or harvest data except as permitted by the Service; or impersonate another person or entity.

You may not reverse engineer, decompile, disassemble, or attempt to discover source code or underlying components of the Service except to the extent such restriction is prohibited by law.

We may investigate suspected misuse and may suspend or terminate access, remove content, or take other appropriate action if we reasonably believe the Service is being used in violation of these Terms or in a way that creates risk for Aspencast, other users, or third parties.

The Service may interoperate with third-party products, platforms, or services. Your use of third-party services is governed by your agreements with those third parties, not these Terms.

We are not responsible for third-party services, including their availability, security, functionality, or how they process data. If you enable an integration, you authorize the exchange of data as necessary to operate that integration.

Aspencast and its licensors own the Service, including its software, design, trademarks, branding, interfaces, and other content other than Customer Data. Except for the limited rights expressly granted in these Terms, no rights are granted to you by implication or otherwise.

If you provide suggestions, ideas, enhancement requests, feedback, or recommendations regarding the Service, you grant Aspencast a worldwide, perpetual, irrevocable, royalty-free license to use and exploit that feedback for any lawful purpose without restriction or compensation to you.

You may stop using the Service at any time. If you cancel a paid subscription, the cancellation will take effect at the end of the then-current billing period unless otherwise stated.

We may suspend, limit, or terminate your access to the Service immediately if we believe you have violated these Terms, your use presents a security or legal risk, your account becomes delinquent, or we are required to do so by law or a service provider.

After termination, we may delete or disable access to Customer Data in accordance with our retention practices, except to the extent we are required or permitted to retain it by law or for legitimate business purposes.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, ASPENCAST DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components, or that any content or data will be accurate, complete, or preserved without loss. You are responsible for maintaining copies of data and for evaluating whether the Service is appropriate for your needs and legal obligations.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ASPENCAST AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND PERSONNEL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS, DATA, OR USE, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ASPENCAST'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID TO ASPENCAST FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED U.S. DOLLARS (US $100).

Nothing in these Terms limits liability that cannot be limited under applicable law.

You will defend, indemnify, and hold harmless Aspencast and its affiliates, officers, directors, employees, contractors, and agents from and against any third-party claims, actions, proceedings, damages, liabilities, losses, fines, penalties, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your Customer Data, your use of the Service, or your violation of these Terms or applicable law.

We may update these Terms from time to time. When we do, we will revise the "Last updated" date on this page. If we make material changes, we may provide additional notice through the Service, by email, or by other reasonable means.

Your continued use of the Service after the updated Terms become effective means you accept the revised Terms. If you do not agree, you must stop using the Service.

These Terms, together with any additional terms that apply to specific features or plans and our Privacy Policy, form the entire agreement between you and Aspencast regarding the Service, unless you and Aspencast have entered into a separate written agreement that governs your use.

If any provision of these Terms is held unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in effect. Aspencast's failure to enforce any provision is not a waiver of its right to do so later.

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.

If you have questions about these Terms, contact us at support@aspencast.com or through our contact page.