Aspectium Terms of Service
Last Modified: October 27, 2026
1. Agreement and scope.
This Agreement is between you and Aspectium LLC ("Aspectium") and consists of the terms and conditions below, the Privacy Policy, and the applicable offer for your Services. This Agreement is effective on the date you electronically accept it or start using any Aspectium Services, including Aspectium websites and applications. Where we require acceptance before you can use a Service or feature, clicking to agree or taking a similar affirmative action constitutes your electronic signature and assent to this Agreement. We may retain records of that acceptance, including the date and time, the version presented, and identifiers reasonably associated with the relevant browser, device, or installation. If you later create or sign into an account, we may associate those assent records and related identifiers with your account for service administration, security, support, fraud prevention, and enforcement of this Agreement. Key terms are defined in Section 12, Definitions.
2. Use of Services.
a. Right to use. Subject to this Agreement and any applicable offer, we grant you the right to access and use the Services. Some Services or features are free, some are paid, and some may require an Aspectium account, current entitlement status, separate acceptance of additional terms, or payment of applicable fees. Aspectium Opportunity Workspace ("OW") includes Opportunity Workspace Cloud ("Cloud") and Opportunity Workspace Desktop ("Desktop"). Cloud requires an Aspectium Cloud account. An Aspectium account is required to purchase, activate, and accept required legal documents for Desktop. After server-recorded activation and acceptance, core Desktop use may continue offline, although account-linked features may require you to sign in. We reserve all other rights.
b. Manner of use. You may use the Services only in accordance with this Agreement. You may not reverse engineer, decompile, disassemble or work around technical limitations in the Services. You may not disable, tamper with or otherwise attempt to circumvent any billing or usage mechanism that meters your use of the Services. You may not rent, lease, lend, resell, transfer, sublicense, or otherwise make any Services available to or for unaffiliated third parties except as expressly permitted by Aspectium in writing.
c. Use of automated tools and AI agents. You may use automated tools, scripts, or AI agents to access or operate the Services on your own behalf only if you are authorized to use the applicable account or Service, the automated tool or agent complies with this Agreement and all technical restrictions, and you remain fully responsible for all actions taken through your account or on your behalf. You may not use any bot, script, agent, scraper, or other automated means to bypass authentication, extract credentials or tokens, evade rate limits or usage controls, access the Services through unauthorized interfaces, or scrape content or data for model training, benchmarking, or similar purposes without Aspectium's express written permission.
d. Responsibility for your accounts. Where a Service requires an account, you are responsible for maintaining the confidentiality of any non-public authentication credentials associated with your use of that Service. You must promptly notify our customer support team about any possible misuse of your account or authentication credentials, or any security incident related to the Services. You could be held liable for losses incurred by Aspectium or another party due to someone else using your account. You may not use anyone else's account at any time without the permission of the account holder. An Aspectium Cloud account is for one individual's use and may have up to three concurrent authenticated sessions, including when it is used for account-linked Desktop features. You may not share account credentials.
e. Updates. We may change, add, remove, or discontinue Services, features, or functionality from time to time, including to address security, legal, technical, operational, or business needs. Unless required by law or by the specific terms of a paid offer, we are not obligated to continue any particular feature or functionality for any minimum period. We reserve the right to discontinue or limit features at any time, particularly in free or web-based editions of the Services, where features may be reduced, replaced, or removed without prior notice.
f. Preview releases. We may make available Previews. PREVIEWS ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE," AND ARE EXCLUDED FROM THE LIMITED WARRANTY, IF ANY. Previews may be subject to reduced or different security and privacy commitments, as further explained in the Privacy Policy, this Agreement, or the applicable offer. We may change or discontinue Previews at any time without notice. We also may choose not to release a Preview into general release.
g. Age requirements. You must be at least 16 years old to use the Services on your own behalf. You must be at least 18 years old to purchase paid Services, enter into a Subscription, or accept this Agreement on behalf of a business or other entity.
h. No unlawful or prohibited use. You may not use the Aspectium Website or Services for any unlawful or prohibited purpose. You may not use the Services in any manner that could damage, disable, overburden, impair, or interfere with the Services or any other party's use and enjoyment of them. You may not obtain or attempt to obtain materials or information through any means not intentionally made available through the Services.
i. Throttling. Aspectium may limit the number of requests that you can make to the Aspectium Website or Services to protect our system or to enforce reasonable limits on your use. The throttling limits may be changed at any time, with or without notice.
3. Security, privacy, and data protection.
a. Security. We maintain reasonable organizational and technical safeguards intended to protect Customer Data that we store or process on Aspectium-managed systems against accidental loss or change, unauthorized disclosure or access, or unlawful destruction. This general security commitment does not create an obligation for Aspectium to store, retain, back up, recover, or secure data stored only on your device. Section 10, Important application-level terms describes the separate data and backup arrangements for Cloud and Desktop.
b. Privacy. We treat Customer Data in accordance with our Privacy Policy.
c. Third-party requests. We will not disclose Customer Data to a third party (including law enforcement, other government entities, or civil litigants, but excluding our subcontractors, controlled subsidiaries, and affiliates) except as you direct or unless required by law or legal process. If a third party contacts us with a demand for Customer Data, we may ask that third party to contact you directly and may provide your basic contact information to that third party. If we are compelled to disclose Customer Data to a third party, we will use commercially reasonable efforts to notify you in advance unless we are legally prohibited from doing so. You are responsible for responding to requests by a third party regarding your use of the Services, such as a request to take down content under the U.S. Digital Millennium Copyright Act.
d. Subcontractors. We may hire other companies to provide limited services on our behalf. Any such subcontractors will be permitted to obtain Customer Data only to deliver the services we have retained them to provide, and they are prohibited from using Customer Data for any other purpose. We remain responsible for our subcontractors' compliance with the obligations set forth in this Agreement.
4. Purchasing Services.
a. Available Offers. The Aspectium Website may present free Services, perpetual software licenses, fixed-term or recurring Subscriptions where offered, quota-based or usage-limited access, and other paid or unpaid offers. Opportunity Workspace offers, including Cloud Free, Cloud Premium when available, and Desktop Pro, are subject to Section 10, Important application-level terms and the applicable offer. The applicable offer, checkout flow, or product page will describe the included features, duration, price, taxes, renewal behavior, cancellation effects, and other offer-specific conditions.
b. Ordering. By placing an order, starting a paid term, or activating a paid feature, you agree to the pricing, term, and related conditions of the applicable offer.
c. Pricing and payment. Where payment is required, fees are due according to the pricing and related terms of the applicable offer. Unless otherwise stated, checkout and payment processing for website-managed purchases are handled through a third-party payment processor. Where applicable, checkout will display the total amount due based on the billing information you provide, including taxes that we are permitted or required to collect. We may change prices prospectively for future purchases, renewals, or new service terms.
d. Renewal and extension. Whether an offer renews automatically, expires at the end of its stated term, or must be manually renewed is governed by the applicable offer. If an offer renews automatically, the applicable offer or checkout flow will describe the renewal period, renewal price or pricing method, and how to cancel before renewal. If no renewal term is stated for a paid term, the paid access ends when that term expires.
For Desktop, Section 10(d), Desktop Pro and data describes the included update eligibility and extensions. Expiration of update eligibility does not by itself disable the installed desktop application version you are entitled to use, but newer updates, upgrades, or feature releases may require an update extension or another applicable entitlement. Supported configurations are described in the applicable product documentation.
AI-enabled usage. AI-enabled features may be subject to usage limits, quotas, throttling, feature availability, and account authorization. Opportunity Workspace AI processing is further governed by Section 10(f), AI processing, usage limits, and AI credits.
e. Taxes. Prices are exclusive of any taxes. You shall pay any applicable value-added, goods and services, sales, or similar taxes that are owed with respect to any order placed under this Agreement and that we are permitted to collect from you under applicable law.
f. Order errors and availability. We may change prices, specifications, features, offers, and availability at any time. We may refuse, reject, or cancel an order to correct errors or for other lawful reasons. If you are charged for a canceled order, we will issue a credit or refund using the original payment method or another appropriate method.
g. Purchase requirements and purchase orders. You must be at least 18 years old to purchase paid Services from the Aspectium Website and Services. If you are purchasing on behalf of a business or other entity, you represent that you have authority to bind that business or entity to this Agreement. Aspectium does not accept purchase orders sent directly or indirectly to us, although you may enter a purchase order number for your own reference. Any purchase order terms or other special terms that you provide do not modify this Agreement.
h. Regional availability. Aspectium does not currently offer paid Services to consumers located in the European Economic Area, the United Kingdom, or Switzerland.
5. Term, termination, and suspension.
a. Agreement term and termination. This Agreement remains in effect until terminated by you or Aspectium. You may stop using the Services at any time. Completing an Aspectium account deletion may terminate access to account-linked services. Section 10(g), Opportunity Workspace Cloud account deletion and inactivity describes the applicable process.
b. Subscription term and termination. You may cancel a paid subscription or other paid term according to the applicable offer or account-management flow. Unless the applicable offer or law states otherwise, cancellation prevents future renewal, service continues until the end of the current paid term, and fees already paid are non-refundable. If you complete an Aspectium account deletion, account-linked services may terminate and no refund will be provided except where required by law or expressly stated otherwise.
c. Entitlement expiration. Expiration, cancellation, or suspension of an account-linked entitlement may restrict account-linked, paid, AI-enabled, or update features. The Section 10(c), Cloud plans and data describes Cloud Premium expiration, and Section 10(d), Desktop Pro and data describes continuing use of a licensed Desktop version.
d. Customer Data return and deletion. You may delete Customer Data using the features we make available for the applicable Service. For Customer Data stored on Aspectium-managed systems, we may retain, return, export, or delete that data according to the applicable Service, this Agreement, the Privacy Policy, legal obligations, and operational needs. The Section 10(g), Opportunity Workspace Cloud account deletion and inactivity states the applicable process. Data and backup files stored only on your device are not retained by Aspectium solely because you used an application. Unless we expressly receive or store that data, we have no obligation to hold, export, recover, or return it and, to the maximum extent permitted by law, no liability for its deletion, loss, corruption, exposure, or unavailability.
e. Regulatory. In any country where any current or future government regulation or requirement applies to us, but not generally to businesses operating there, presents a hardship to our operating the Services without change, or causes us to believe this Agreement or the Services may conflict with any such regulation or requirement, we may change the Services or terminate this Agreement. If we change the Services under this subsection, you may terminate this Agreement.
f. Suspension. We may suspend your use of the Services if: (1) reasonably needed to prevent unauthorized access to Customer Data; (2) you fail to respond to a claim of alleged infringement under Section 6, Defense of claims within a reasonable time; (3) you do not pay amounts due under this Agreement; or (4) you violate other terms of this Agreement. A suspension will apply to the minimum necessary part of the Services and will be in effect only while the condition or need exists. We will give notice before we suspend, except where we reasonably believe we need to suspend immediately. If you do not fully address the reasons for the suspension within 60 days after we suspend, we may terminate your Subscription or access rights and, for data stored on Aspectium-managed systems, delete Customer Data in accordance with the applicable Service, this Agreement, the Privacy Policy, the applicable offer, and our legal or operational requirements.
6. Defense of claims.
a. Defense and Indemnity. If an unaffiliated third party claims that the Services infringe that third party's patent, copyright, or trademark, or misappropriates that third party's trade secret, we may choose to defend the claim or provide the remedies described in Section 6(c), Remedies, subject to Section 6, Defense of claims. You will defend, indemnify, and hold us harmless against any claims made by an unaffiliated third party that (1) any Customer Data you provide directly or indirectly in using the Services infringe that third party's patent, copyright, or trademark, or misappropriates that third party's trade secret; (2) arise from violation of Section 9(b), Links to Third-party Sites; or (3) arise out of your use of or conduct on the Aspectium Website or Services.
b. Limitations. Our obligations in Section 6(a), Defense and Indemnity will not apply to a claim or award based on: (1) Customer Data, Non-Aspectium Services, modifications you make to the Services, or materials you provide or make available as part of using the Services; (2) your combination of the Services with, or damages based upon the value of, a Non-Aspectium Service, data or business process; (3) your use of an Aspectium trademark without our express written consent, or your use of the Services after we notify you to stop due to a third-party claim; or (4) your redistribution of the Services to, or use for the benefit of, any unaffiliated third-party.
c. Remedies. If we reasonably believe that a claim under Section 6(a), Defense and Indemnity may bar your use of the Services, we will seek to: (1) obtain the right for you to keep using them; or (2) modify or replace them with a functional equivalent. If these options are not commercially reasonable, we may terminate your rights to use the Services and then refund any advance payments for unused Subscription rights.
d. Obligations. Each party must notify the other promptly of a claim under Section 6, Defense of claims. The party seeking defense or indemnity protection must (1) give the other sole control over the defense and settlement of the claim; and (2) give reasonable help in defending the claim. The party providing the protection will (1) reimburse the other for reasonable out-of-pocket expenses that it incurs in giving that help and (2) pay the amount of any resulting adverse final judgment (or settlement that the other consents to). The parties' respective rights to defense and payment of judgments or settlements under Section 6, Defense of claims are in lieu of any common law or statutory indemnification rights or analogous rights, and each party waives such common law rights.
7. Limitation of liability.
a. Limitation. To the fullest extent permitted by applicable law, Aspectium's aggregate liability arising out of or relating to particular Services, order, Subscription, or other paid term under this Agreement is limited to direct damages up to the amount paid or payable by you for the specific Services, order, Subscription, or paid term giving rise to the claim during the 12 months immediately preceding the event giving rise to liability or, for Services provided free of charge, Five United States dollars ($5.00 USD).
b. Disclaimers. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT OR WHERE PROHIBITED BY LAW, THE SERVICES, SOFTWARE, CONTENT, AI-ENABLED FEATURES, AND RELATED MATERIALS ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." ASPECTIUM MAKES NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, OR UNINTERRUPTED OPERATION.
AI-enabled features may produce inaccurate, incomplete, delayed, biased, or otherwise unsuitable output and may generate output that is similar or identical to output provided to other users. You are responsible for reviewing output before relying on it or using it in any workflow, decision, or communication. AI output is not professional advice and must not be relied on as a substitute for independent review or for medical, legal, financial, compliance, safety-critical, or other high-risk decisions.
Except as expressly provided in this Agreement, Aspectium is not responsible for delays, interruptions, outages, loss of access, interoperability issues, or loss, corruption, alteration, or unavailability of data caused by third-party services, Internet or network failures, browser or device environments, your own acts or omissions, or events outside Aspectium's reasonable control. Aspectium is also not responsible for third-party content, services, or conduct, including unlawful, infringing, defamatory, offensive, or inaccurate content provided by other users or third parties.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS VALUE, GOODWILL, ANTICIPATED SAVINGS, OR USE, OR FOR ANY LOSS, CORRUPTION, OR RECOVERY OF DATA, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH A FREE SERVICE OR FREE FEATURE, YOUR SOLE REMEDY IS TO STOP USING THAT FREE SERVICE OR FEATURE.
c. Exceptions to Limitations. The limits of liability in Section 7, Limitation of liability apply to the fullest extent permitted by applicable law, but do not apply to: (1) your payment obligations; (2) your breach of Section 2, Use of Services, Section 9, Content, or Section 10, Important application-level terms; (3) your unauthorized access to, interference with, or misuse of the Services or Aspectium-managed systems; (4) the parties' obligations under Section 6, Defense of claims or Section 11(l), Force majeure; (5) violation of the other's intellectual property rights; or (6) fraud, willful misconduct, or gross negligence to the extent such liability cannot be limited under applicable law.
8. Software.
a. Software provided for use on devices. Software that Aspectium provides for use on devices is governed by this Agreement and the applicable offer, unless applicable law requires otherwise. Desktop stores its core data locally; its edition-specific data, entitlement, and backup terms are in Section 10, Important application-level terms.
b. Effect of termination or expiration on Software application. If this Agreement, a Subscription, or your right to use a Software component terminates or expires, you must stop using the affected Software and delete or destroy any copies that you are no longer entitled to retain, unless applicable law, the applicable offer, or separate license terms expressly permit otherwise. For Opportunity Workspace, Section 10, Important application-level terms applies.
c. Desktop update eligibility. Software update eligibility is governed by the applicable offer. For Desktop, Section 10(d), Desktop Pro and data applies.
d. Other rights. Rights to access Software on any device do not give you any right to implement Aspectium patents or other Aspectium intellectual property in software or devices that access that device.
e. Third-party software. Software may contain third-party proprietary programs that are licensed under separate terms that are presented to you. Software may also contain third-party open-source programs that Aspectium, not the third-party, licenses to you under Aspectium's license terms. Notices, if any, for the third-party open-source programs are included for your information only.
9. Content.
a. Aspectium Articles. Articles, guides, case studies, product and service news, and other editorial materials published by Aspectium are provided for general informational purposes. They may discuss Aspectium products, features, plans, availability, or viewpoints, all of which may change. They do not constitute career, employment, recruiting, legal, financial, tax, or other professional advice. You are responsible for evaluating the information for your own circumstances and for seeking qualified professional advice where appropriate. Aspectium does not guarantee interviews, employment, compensation, or any other job-search or career outcome.
b. Links to Third-party Sites. The Aspectium Website and Services may contain links to or integrations with other websites or resources, including external resources that you provide. Those third-party sites and resources are not under Aspectium's control, and Aspectium is not responsible for their content, availability, changes, updates, or practices. These links are provided for convenience only, and their inclusion does not imply endorsement by Aspectium or any association with their operators.
c. User Content. The Services may allow you to submit, store, process, transmit, or otherwise make available content, files, text, images, prompts, and other materials ("User Content"). You remain responsible for your User Content and for ensuring that you have all rights necessary to submit it and allow Aspectium and its service providers to process it as needed to operate the applicable Service. You may not use the Services to:
- Violate the legal rights of others, including privacy, publicity, intellectual property, or contract rights.
- Submit, upload, distribute, or make available unlawful, infringing, defamatory, harassing, threatening, obscene, sexually explicit, deceptive, or otherwise improper content or information.
- Submit content that incites violence or hatred against a person or group.
- Upload or otherwise make available material unless you own or control the necessary rights or have received all required consents.
- Upload files that contain viruses, corrupted files, malware, or other code intended to damage, disrupt, or gain unauthorized access.
- Interfere with or disrupt the Services, attempt unauthorized access, misuse another user's data, or remove or falsify legal or proprietary notices.
- Harvest or otherwise collect personal information about others without their consent, or create a false identity to mislead others.
- Violate any applicable laws or regulations.
- Use the Services for any high-risk use where failure or fault could lead to death, serious bodily injury, or severe physical or environmental damage.
d. Content moderation. Aspectium has no obligation to monitor User Content. However, Aspectium may review, remove, restrict, or disable access to User Content or accounts where reasonably necessary to operate the Services, enforce these Terms, investigate abuse, respond to complaints, or comply with law.
e. Disclosure. Aspectium may disclose information or User Content where reasonably necessary to satisfy applicable law, regulation, legal process, governmental request, security need, or to protect rights, property, or safety.
f. License to process User Content. By submitting or providing User Content to Aspectium-managed features or systems, you grant Aspectium and its service providers a worldwide, nonexclusive, royalty-free license to host, store, reproduce, transmit, format, modify, adapt, and otherwise use that User Content only as necessary to operate, provide, secure, improve, troubleshoot, support, and comply with law for the applicable Service, including AI-enabled or support features you request. This license is limited to the rights needed for those purposes. You represent and warrant that you own or control the necessary rights to the User Content and that submitting it does not violate applicable law or the rights of others.
g. Submissions. If you send Aspectium ideas, suggestions, feature requests, feedback, or other submissions, whether solicited or unsolicited, you agree that Aspectium may use, modify, disclose, reproduce, license, distribute, and otherwise exploit them without restriction, attribution, confidentiality obligation, or compensation to you, unless Aspectium expressly agrees otherwise in writing. This subsection applies to voluntary feedback and similar submissions you send to Aspectium and does not expand Aspectium's rights in User Content beyond Section 9(c), User Content.
10. Important application-level terms
a. Job-search responsibility and outcomes. Opportunity Workspace is a productivity and organization tool designed to support personal job searches. It is not an employer, recruiter, staffing firm, employment agency, or provider of career, legal, financial, tax, or other professional advice. You are responsible for your job-search decisions, applications, communications, and for reviewing materials before you use or submit them. Aspectium does not guarantee interviews, employment, job offers, compensation, career advancement, or any other outcome.
b. Opportunity Workspace editions and workspaces. Cloud and Desktop have separate data and entitlements. Aspectium does not guarantee data transfer, migration, or synchronization between the editions. Sandbox data is temporary and should not be relied on for persistent storage. Sandbox does not grant a paid plan or a Desktop Pro license. Earlier or deleted content may remain in history and backups as described in Section 8, Opportunity Workspace data and processing disclosures in the Privacy Policy.
c. Cloud plans and data. Opportunity Workspace Cloud requires an Aspectium Cloud account. Cloud Free has the capacity, open-record, feature, and AI-processing limits stated in the applicable offer. Data handling is described in the Privacy Policy. Storage limits are hard limits. When a storage limit is reached, you cannot upload additional files or create new records until you reduce storage use or use a plan with more capacity. When offered, Cloud Premium requires an active Subscription and provides the capacity, features, and usage limits stated in the applicable offer. When a Cloud Premium Subscription ends, the account continues under Cloud Free. Existing data is retained, but Cloud Free capacity and feature limits apply to subsequent actions.
d. Desktop Pro and data. Account and activation requirements are described in Section 2(a), Right to use. Desktop Pro is offered under a one-time perpetual license without a Subscription and permits the licensed individual to install and use the Desktop application on up to three devices they own or control, across supported desktop platforms. You may move Desktop and its local data to a replacement device without that move counting against the three-device limit. You are responsible for preserving and moving your local data; it does not transfer automatically. After the move, you must stop using Desktop on the replaced device. It includes 365 days of product-update eligibility. Each applicable Desktop Update Extension adds 180 days to any remaining update eligibility. When an applicable offer displays both a month description and a number of days for update eligibility, the stated number of days controls. Your license must cover the installed release. You may continue using a covered release after the update period ends; later releases require applicable update eligibility.
e. Responsibility for Desktop data. You are responsible for preserving and protecting your local Desktop data and backup files. Desktop backup files are unencrypted and may include attachments and retained record history. Replacing current data with a backup may overwrite existing records. Aspectium cannot recover local data or backup files that you have not preserved or provided to us.
f. AI processing, usage limits, and AI credits. Opportunity Workspace AI processing requires an Aspectium Cloud account and account authorization. An AI request may send the user-selected or request-specific content needed for that request to Aspectium services and a third-party LLM service provider to generate the requested output. On Desktop, signing in or using AI processing does not upload or sync the full local Desktop data set. We may retain AI inputs, outputs, and related processing metadata for up to 30 days to troubleshoot and maintain the security and reliability of AI processing, as further described in Section 7, Retention of your personal information in the Privacy Policy. AI processing is currently available at no additional charge for a limited time, subject to plan-specific usage limits, quotas, throttling, feature availability, and change at any time. Aspectium may later require prepaid AI credits or another offer for some AI processing. Sandbox AI requests remain subject to the same account authorization, usage limits, and applicable AI-credit requirements.
g. Opportunity Workspace Cloud account deletion and inactivity. You may cancel an Opportunity Workspace Cloud account-deletion request within seven days after making it. When the deletion is completed, we remove the account and associated Cloud data from active systems. Residual copies may remain in routine backups for up to 30 additional days before they are deleted through the backup-retention cycle. We may delete an inactive Cloud account and its associated Cloud data after 36 consecutive months of inactivity. These timeframes do not apply to data we need to retain for legal obligations, security incidents, fraud prevention, or the establishment, exercise, or defense of legal claims.
h. Optional telemetry and first-party promotions. Where offered, telemetry is optional and processed by Aspectium. Telemetry is not required to use Opportunity Workspace. Cloud Free may include first-party Aspectium promotional content. These promotions are not third-party ad-network advertising.
i. Conflict rule for Opportunity Workspace. If a general statement elsewhere in this Agreement conflicts with Section 10, Important application-level terms, it controls for Opportunity Workspace unless this Agreement, the Privacy Policy, or the applicable offer states otherwise more specifically.
11. Miscellaneous.
a. Notices. You must send notices by mail to the address below.
Aspectium LLC
5465 Legacy Drive, Suite 650
Plano, Texas 75024
United States
You agree to receive electronic notices from us, which will be sent by email to the email address you specify, or by other electronic means. Notices are effective on the date when sent.
b. Assignment. You may not assign this Agreement either in whole or in part.
c. Severability. If any part of this Agreement is held unenforceable, the rest remains in full force and effect.
d. Waiver. Failure to enforce any provision of this Agreement will not constitute a waiver. Aspectium's failure to act with respect to any failure by you or others to comply with any provision of this Agreement does not waive Aspectium's right to act with respect to subsequent or similar failures.
e. No agency. We are independent contractors. This Agreement does not create an agency, partnership, or joint venture.
f. No third-party beneficiaries. There are no third-party beneficiaries to this Agreement.
g. Applicable law and venue. This Agreement is governed by the law of the State of Texas, without regard to its conflict of laws principles. Any action to enforce this Agreement must be brought in a state or federal court in or for Collin County, Texas, U.S.A. This choice of venue does not prevent Aspectium from seeking injunctive or other equitable relief in any appropriate jurisdiction with respect to alleged violations of intellectual property rights. You are responsible for complying with the laws that apply to your use of the Services in the location from which you access them.
h. Time limit to bring claims. To the maximum extent permitted by applicable law, any claim arising out of or relating to this Agreement or the Services must be commenced within one (1) year after the cause of action accrues, or it will be permanently barred.
i. Entire agreement. This Agreement, together with the Privacy Policy and the applicable offer, is the entire agreement concerning its subject matter and supersedes any prior or concurrent communications. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
j. Survival. Any provisions of this Agreement that by their nature should survive termination or expiration will survive, including provisions relating to payment obligations, ownership, feedback, disclaimers, limitations of liability, indemnity, dispute resolution, and applicable law.
k. U.S. export jurisdiction. The Services may be subject to customs and export control laws and regulations of the United States and/or other countries. By purchasing, licensing, downloading, or using the Services, you agree to comply with all international and national laws and regulations that apply to the Services, including, without limitation, applicable U.S. export administration regulations, U.S. arms export control laws, and applicable sanctions programs.
l. Force majeure. Neither party will be liable for any failure in performance due to causes beyond its reasonable control, such as fire, explosion, power blackout, earthquake, flood, severe storms, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism (including cyber terrorism), distributed denial of service (DDoS) attacks, pandemics, epidemics, public health emergencies, acts of God, acts or omissions of Internet traffic carriers or cloud service providers, actions or omissions of regulatory or governmental bodies (including the passage of laws or regulations or other acts of government that impact the delivery of Services). This section will not, however, apply to your payment obligations under this Agreement.
m. Modifications. We may modify this Agreement or other legal terms by posting a revised version on the Aspectium Website at https://aspectium.com or by notifying you directly. Unless a different effective date is stated, revised terms become effective when posted. Some new or updated Services, features, or functionality may be subject to additional or revised terms, and we may require you to accept those terms before you access or use the applicable new or updated Service, feature, or functionality. If you do not accept those terms, you may not be permitted to access or use that new or updated Service, feature, or functionality. By continuing to use the Services after the effective date, you agree to the revised terms to the extent applicable to your use.
n. Copyright and Trademark Notices. All contents of the Aspectium Website and related Services are: Copyright © Aspectium LLC and/or its suppliers, 5465 Legacy Drive, Suite 650, Plano, Texas 75024, USA. All rights reserved. Aspectium, the Aspectium logos, and other Aspectium names, branding, products, and services referenced on the Aspectium Website or in the Services may be trademarks or registered trademarks of Aspectium LLC. Other company names, product names, and marks may be the property of their respective owners. Certain sample data, example names, companies, organizations, products, people, or events used in demos, documentation, previews, or other illustrative content may be fictitious. Any resemblance to real persons, entities, or events is coincidental unless expressly stated otherwise. Any rights not expressly granted herein are reserved.
o. Notices and Procedure for Making Claims of Copyright Infringement. If you are a copyright owner or agent thereof and believe that content posted on the Aspectium Website or Services infringes upon your copyright, please submit notice, pursuant to the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our office with the following information: (1) a physical signature of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) the URL or other path of the location on our Aspectium Website or Services containing the material that you claim is infringing; (4) your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. ANY NOTICES THAT DO NOT PROVIDE ALL THE REQUIRED INFORMATION WILL RECEIVE NO RESPONSE AND NO ACTION WILL BE TAKEN.
12. Definitions.
Any reference in this Agreement to "day" will be a calendar day.
"Applicable offer" means the pricing, term, feature, quota, renewal, and other conditions presented for a Service on the Aspectium Website, checkout flow, or related product page.
"Customer Data" means data, content, and materials, including text, audio, video, software, image files, and similar information, that you or someone acting on your behalf submit, upload, transmit, store, or otherwise make available to us through your use of the Services. Customer Data does not include application data stored only on your device unless you transmit or otherwise make that data available to Aspectium.
"Non-Aspectium Service" is any software, data, service, website, or other product licensed, sold, or otherwise provided to you by an entity other than us, whether you obtained it via our Service or elsewhere.
"Previews" means preview, beta, or other pre-release versions of the Services or Software offered by Aspectium to obtain customer feedback.
"Privacy Policy" means the Aspectium Privacy Policy, published at https://aspectium.com/legal/privacy-policy or at an alternate site that we identify.
"Service" means any individual Aspectium website, application, feature, API, web service, software component, or related offering made available under this Agreement.
"Services" means one or more Service offerings made available to you under this Agreement by Aspectium, including through the Website, related applications, checkout flows, account systems, APIs, and other Aspectium-managed interfaces or distribution channels.
"Software" means software applications or software components that Aspectium provides to you as part of the Services.
"Subscription" means paid or entitlement-based access to a Service for a stated service period or renewal period as specified in the applicable offer. You may purchase or hold multiple Subscriptions, which may be administered separately.
"Term" means the duration of a Subscription or other stated service period (for example, 30 days or 12 months).
"we" and "us" means Aspectium LLC and, where applicable under this Agreement, its affiliates, parents, and subsidiaries.
"Website" means the Aspectium website, published at https://aspectium.com or at an alternate site that we identify, through which you access, use, manage, or purchase a Service.
"you" and "your" means the individual or entity accepting this Agreement to access or use the Services.