aspen.

Terms of Service

Version 1.0 · effective 14 October 2026 · Symphony, Inc. (Aspen)

1. Agreement and acceptance

1.1 Parties. These Terms are a contract between Symphony, Inc., a Delaware corporation doing business as Aspen by Everwork, 251 Little Falls Drive, Wilmington, Delaware 19808, United States (EIN 61-2276183) ("Aspen", "we") and the organisation that holds an Aspen licence (the "Customer", "you"). Aspen is sold to businesses and organisations only. A person who accepts these Terms confirms they have authority to bind the Customer.

1.2 How you accept. You accept these Terms, in whichever happens first, when you:

1. sign or confirm an Order Form that refers to them;
2. tick the acceptance box in the customer portal at onboarding.joinaspen.app;
3. run the installer with a Licence Key, which shows these Terms before it activates;
4. activate, or keep using, an Installation.

1.3 What makes up the agreement. The agreement is these Terms, the Order Form, and the Documentation. If they conflict, this is the order that wins: special terms written on the Order Form, then the Order Form, then these Terms, then the Documentation.

1.4 Version. Each Order Form names the version of these Terms it was accepted under. Section 13 says how a new version applies to an existing licence.

1.5 Resellers and partners. If you bought through an Aspen partner, the partner's invoice and commercial terms sit between you and the partner. The licence itself, and everything in these Terms about the Software, is between you and Aspen.

1.6 Electronic signature and records. Order Forms and amendments may be signed electronically. The signer confirms a one-time code sent to their email and then types or draws their signature; when there are several signers, each signs in the order the Order Form names. Aspen signs by issuing the Order Form. The signed PDF records who signed, when, from which address and device, and the fingerprint (SHA-256) of the document, and is sealed with Aspen's digital signature and an independent time-stamp. Each party agrees that such a signature binds it as a handwritten one would, and that the sealed PDF and Aspen's signing records are evidence of the agreement. A Customer may instead sign with a certified or qualified electronic signature. Anyone can check that a PDF is the signed original at the address printed on it.

2. Definitions

3. Licence grant and restrictions

3.1 Grant. On payment of the licence fee, Aspen grants the Customer a perpetual, non-exclusive, non-transferable licence to run one Installation of the Software for its internal business, limited to the Modules and the User Cap on the Licence, and to releases dated on or before the Updates-until date.

3.2 Perpetual means perpetual. A paid-up self-hosted Licence never expires. Ending a Maintenance Plan stops new releases and support; it never stops the Installation, and Aspen never ends a paid-up Licence for non-renewal.

3.3 One Installation. A Licence activates one Installation. A second Activation is refused. Moving the Installation to another server is done through the installer's replace step, which moves the Licence with it. A test or staging environment needs its own Licence.

3.4 Users. At the User Cap the Installation refuses new Users: invitations, sign-ups, joins, reactivations and guests made members. Nobody already in is locked out. Deactivating a User frees their seat. Raising the cap is a new Order Form.

3.5 Modules. Modules the Licence does not include are not offered anywhere in the Installation. Adding a Module takes effect at the next Check-in, with no reinstall.

3.6 What you may do. You may: make backups and restore them onto the same Installation; export Customer Data at any time; build Extensions through the public API, webhooks and the connector runtime; configure AI with your own provider keys.

3.7 What you may not do. You may not, and may not let anyone else:

1. run the Software on more than one Installation per Licence, or copy it other than for backup;
2. decompile, reverse engineer, or otherwise try to obtain the source code, beyond what applicable law allows for interoperability and cannot be excluded;
3. alter, disable or work around the Licence checks, Leases, Check-ins, the User Cap, Module gates or Read-only Mode;
4. remove, hide or alter the per-customer marks, release signatures or notices in the Software;
5. sell, rent, sublicense, host for third parties or otherwise make the Software available outside the Customer;
6. use the Software, or what you learn from it, to build a competing product;
7. use the Software for anything unlawful, or to store or send content you have no right to.

3.8 Marks and fingerprints. Every image is marked for the Customer it was issued to, and every Installation reports a code fingerprint. A leaked image is traced to its Customer; an altered Installation shows on the Licence Service. Both count as a breach of 3.7 unless the Customer shows it was not responsible.

4. Fees and payment

4.1 What you pay. The Order Form states the fees. There are three kinds:

4.2 Updates-until. Each Maintenance payment that includes updates moves the Updates-until date to the end of the period paid. Without one, Updates-until is 30 days after the Order Form is signed, so the release current at purchase can be installed. Releases dated after it are not included, and the installer and updater refuse them with an explanation.

4.3 Invoices. Each payment in the Order Form's payment plan is invoiced up to 7 days before its due date and is due on that date, in US dollars. Invoices are issued and collected through Stripe, Aspen's payment processor: the Customer pays by card, bank debit or bank transfer on the invoice's payment page, and a card or account saved there is charged automatically on later due dates. Aspen never sees or stores card details. The Customer may also pay by bank transfer to the account printed on the invoice. Fees exclude VAT and other taxes, which the Customer pays unless it gives a valid exemption. The Customer pays its own bank charges.

4.4 Late payment. Aspen reminds the Customer's owners and billing contact when a payment is late: the day after it was due, and again 7 and 14 days later. If a payment of the licence fee (or an instalment of it) or of Managed hosting is still unpaid 21 days after its due date, Aspen suspends the Licence: the Installation enters Read-only Mode at its next Check-in, Customer Data stays intact, and export and backup keep working. Paying everything overdue, plus any reinstatement fee in Aspen's price list at the time (the reminders state it), reactivates the Licence at the next Check-in. An unpaid Maintenance Plan never suspends a paid-up Licence: new support requests pause and the Updates-until date stops moving until it is paid. In Managed Mode, if hosting is still unpaid 30 days after the suspension, Aspen may end hosting and start the handover in 12.4. Aspen may charge late interest where the law allows.

4.5 Price changes. Aspen may change Maintenance prices with at least 30 days' notice before a renewal. The new price applies from that renewal. Licence fees are fixed on the Order Form.

4.6 Refunds. Licence fees are not refunded once the Licence is activated, except under 10.1. Maintenance fees already paid are not refunded on cancellation; the plan simply runs to the end of the paid period.

4.7 Suspension for abuse. A Licence suspended or revoked under 12.3 earns no refund.

5. Licence validation and usage reporting

5.1 Activation and Leases. The Installation activates once against the Licence Service and then checks in every 6 hours. Each Check-in renews a 14-day Lease that carries the Modules, the User Cap and the Updates-until date. The Customer must let the Installation reach the Licence Service and must not block, alter or forge Check-ins.

5.2 If the Licence Service is unreachable. The Installation keeps working normally for the Grace Period of 14 days, with warnings to administrators. After that it enters Read-only Mode until it checks in again. Read-only Mode never deletes or hides Customer Data; export and backup keep working.

5.3 Air-gapped Installations. On request, Aspen issues a signed offline licence file instead of Leases, with its own validity and renewal terms on the Order Form.

5.4 What is reported. Check-ins carry Usage Data only. The schema rejects anything else.

5.5 What the reports are for. Aspen uses Usage Data to enforce the Licence, to invoice usage-based items named on the Order Form, to plan capacity and support, and to improve the Software. Aspen keeps Usage Data for the life of the Licence plus 24 months.

5.6 Tamper detection. The Licence Service flags what an unaltered Installation cannot produce: more Users than the cap, use of a Module the Licence leaves out, a code fingerprint that differs from the release, a second server running the same Licence, an Installation that goes silent, a Licence Key used on a second, replaced or released server, or an Installation whose clock is set far from real time. A flag starts the process in 12.3.

5.7 If Aspen stops operating the Licence Service. Aspen has signed, in advance, a statement that Installations activated before a given date no longer need Leases and keep the entitlements of their last valid Lease. The statement is held by an independent escrow agent that Aspen appoints and names to the Customer on request and is released if Aspen ceases trading, becomes insolvent, or stops operating the Licence Service for more than 60 days. Installations accept it by file import or from the escrow address built into the Software. This is how the perpetual Licence in 3.2 is kept if Aspen is gone.

6. Updates and support

6.1 What a Maintenance Plan includes. While the Maintenance Plan is active: every feature release and security fix dated on or before the Updates-until date; support under 6.5; and, in Managed Mode, hosting, backups and updates applied by Aspen.

6.2 Without a Maintenance Plan. A self-hosted Customer keeps the releases it owns (those dated up to its Updates-until, 4.2) and may reinstall, restore or roll back to them at any time. It receives security-only fixes for the release line it owns, for as long as Aspen maintains that line, and no new features.

6.3 How updates roll out. Aspen publishes each release in stages: test servers first, then early customers, then everyone. Aspen may pause or withdraw a release at any stage. An Installation is offered a release only when its stage has reached it and the Licence covers it.

6.4 When updates are applied.

1. Updates run only inside the Installation's update window, in the workspace's own time zone. By default the window is the quietest 3 hours learned from the last 14 days of activity (02:00 to 05:00 until there is enough activity). An owner, or Aspen in Managed Mode, may choose the days, start hour and a length of 1 to 6 hours instead.
2. In Self-hosted Mode the Customer's owner approves each feature release in Admin → Licence. In Managed Mode the rollout reaching the Customer's stage is the approval.
3. Security fixes are applied without approval 7 days after they are offered, in the next window.
4. Every update verifies the release signature, backs up, migrates and switches traffic only after a health check. If anything fails, the previous release is put back automatically, and the release is paused for all Customers.

6.5 Support. Support is given to the Customer's administrators through the customer portal at onboarding.joinaspen.app and at hello@joinaspen.app, in English and Spanish, on business days 09:00 to 18:00 Central European Time. It covers installing, activating and operating the Software, reproducible defects, and questions about the Documentation. It does not cover the Customer's servers, network or DNS, third-party AI providers, or Extensions the Customer wrote.

6.6 Supported releases. Aspen supports the current release line and provides security fixes for earlier lines for 12 months after the next line ships.

7. Customer Data and privacy

7.1 Your data stays yours. Customer Data belongs to the Customer. Aspen claims no right in it beyond what is needed to provide Managed hosting and support. The Licence Service never receives Customer Data (5.4).

7.2 Self-hosted Mode. The Customer controls the server, so the Customer is responsible for its security, access, backups, retention and lawful use. Aspen has no access to a self-hosted Installation or its data unless the Customer grants it for a support session, and then only for that session.

7.3 Managed Mode. Aspen hosts the Installation on a server dedicated to the Customer, in the European Union, with Hetzner Online GmbH, keeps daily backups, and applies updates under section 6. Aspen acts as the Customer's processor under the GDPR for the personal data in the Installation. The data processing agreement in the data processing agreement Aspen provides with every Managed Mode Order Form applies and sets out sub-processors, security measures and assistance with data subject requests. Aspen staff access the Installation only to operate it, on a need-to-know basis, and every access is logged.

7.4 Roles inside the Installation. The Customer decides who is an owner, an admin, a member or a guest, and what guests and public links can see. Aspen is not responsible for what the Customer's Users share or with whom.

7.5 Account data. Names, email addresses and contact details of the Customer's administrators, used for the portal, invoicing, support, licence notices and the records of electronic signatures (1.6), are handled under Aspen's Privacy Policy at joinaspen.app/privacy. Aspen is the controller of that data.

7.6 Export. The Customer can export Customer Data from the Installation at any time, in Read-only Mode too. In Managed Mode, Aspen also hands over a verified full backup on cancellation (12.4).

7.7 Deletion. In Managed Mode, Aspen keeps the server and its backups for 30 days after the handover in 12.4, then deletes them. In Self-hosted Mode deletion is the Customer's own act; Aspen never deletes Customer Data in any Mode because of a licence event.

7.8 Confidentiality. Each party keeps the other's non-public information confidential, uses it only for this agreement, and discloses it only to people who need it and are bound to the same. The Software, its marks and pricing are Aspen's confidential information; Customer Data is the Customer's. This lasts 5 years after the agreement ends, and for as long as the law protects a trade secret.

8. AI features and third-party services

8.1 Your own AI provider. The AI Module runs on API keys the Customer obtains from a model provider (OpenRouter, OpenAI, Anthropic or another the Software supports). The Customer contracts directly with that provider, pays it directly, and is bound by its terms. Prompts and replies travel from the Installation to the provider and never through Aspen.

8.2 What Aspen counts. The Installation reports the number of AI calls, failed calls and tokens per provider and model, for the Licence Service (5.4). Aspen does not see, store or train on prompts, replies or Customer Data.

8.3 AI output. AI output can be wrong, incomplete or out of date. The Customer reviews it before relying on it, and is responsible for how it uses it. AI output is not advice from Aspen.

8.4 Calls, recordings and notes. The Customer is responsible for telling participants that a call is recorded or transcribed, and for obtaining any consent the law requires where the participants are. Transcription, where configured, uses the Customer's own provider under 8.1.

8.5 Other third-party services. Features that call outside services under the Customer's own account or keys, such as calendar sync with Google, GIF search, or the Customer's own connectors and webhooks, are governed by those services' terms. Aspen is not responsible for their availability or for what they do with data the Customer sends them.

8.6 Extensions. Connectors, webhooks and API tokens the Customer creates run under the Customer's control, with only the access the Customer grants them. The Customer is responsible for their code, secrets and behaviour, and for keeping them within the restrictions in 3.7.

9. Intellectual property

9.1 Aspen's. The Software, the Documentation, the Licence Service, the installer and updater, the per-customer marks, and the Aspen name and logo belong to Aspen or its licensors. The Customer gets the licence in section 3 and nothing else. All rights not granted are reserved.

9.2 Yours. Customer Data and the Extensions the Customer writes belong to the Customer. The Customer grants Aspen only what is needed to host (Managed Mode) and support the Installation.

9.3 Feedback. If the Customer sends suggestions or feedback, Aspen may use them without restriction or payment. Feedback never includes Customer Data.

9.4 Open source. The Software includes open-source components under their own licences, listed in the Documentation. Those licences apply to those components and nothing in these Terms limits them.

9.5 Reference. Aspen may name the Customer as an Aspen customer, with its logo, in lists of customers and in sales conversations, unless the Customer opts out in writing. Case studies, quotes and any detail beyond the name need the Customer's prior approval.

10. Warranties and disclaimers

10.1 Software warranty. For 90 days after first Activation, the Software will work materially as the Documentation describes when installed on a server that meets the published requirements. If it does not, the Customer reports the defect in writing and Aspen fixes it or provides a workaround. If Aspen cannot do either within a reasonable time, the Customer may end the Licence and receive the licence fee back. This is the Customer's only remedy for that defect.

10.2 Aspen's other warranties. Aspen warrants that it has the right to grant the Licence; that each release is signed and was scanned for known vulnerabilities before publication; and that it will provide the Maintenance Plan with reasonable skill and care.

10.3 The Customer's warranties. The Customer warrants that it has the right to the Customer Data it puts in, that it uses the Software lawfully, and that the information on the Order Form is correct.

10.4 Disclaimer. Except as stated in this section, the Software and the Maintenance Plan are provided as they are. Aspen does not warrant that the Software is error-free, that it will run without interruption, that it fits a particular purpose, or that AI output or third-party services are accurate or available. The Customer accepts that a self-hosted Installation depends on servers and networks Aspen does not control.

11. Liability and indemnities

11.1 Cap. Each party's total liability under this agreement, in any 12-month period, is limited to the fees the Customer paid to Aspen in the 12 months before the event that caused the claim. For a self-hosted Customer with no Maintenance Plan, that is the licence fee if the event is within 12 months of payment, and otherwise USD 5,000.

11.2 Excluded losses. Neither party is liable for indirect or consequential loss, lost profit, lost business, or loss of data that the Customer could have avoided with the backups the Software provides.

11.3 What is not limited. Nothing in this section limits liability for death or personal injury, fraud, wilful misconduct, gross negligence, a breach of section 3.7, or anything the law does not let a party limit.

11.4 Aspen indemnifies. Aspen defends the Customer against a third-party claim that the Software, used as licensed, infringes that party's intellectual property, and pays the damages and costs finally awarded. Aspen may instead change or replace the Software, or, if neither is reasonable, end the Licence and refund the licence fee less 20% per year of use. This does not cover Extensions, Customer Data, modifications, or combination with something not supplied by Aspen.

11.5 The Customer indemnifies. The Customer defends Aspen against third-party claims arising from Customer Data, the Customer's Extensions, its use of AI or other third-party services, or a breach of section 3.7, and pays the damages and costs finally awarded.

11.6 How indemnities work. The indemnified party tells the other promptly, lets it control the defence and settlement, and helps at the other's cost. No settlement may admit fault on the indemnified party's behalf without its consent.

12. Term and termination

12.1 Term. These Terms apply for as long as the Customer holds a Licence. The Maintenance Plan runs for the period on the Order Form and renews for the same period unless either party cancels in writing at least 30 days before the renewal date.

12.2 Termination for breach. Either party may end the agreement if the other breaches it materially and does not cure within 30 days of written notice. Non-payment is cured by paying.

12.3 Abuse. If the Licence Service flags an Installation under 5.6, or Aspen otherwise learns of a breach of 3.7, Aspen tells the Customer and asks for an explanation within 10 business days. If the breach is confirmed, or the Customer does not answer, Aspen may suspend the Licence, which puts the Installation into Read-only Mode, and may revoke it. A copied image found running outside the Customer may be refused at once. Suspension and revocation for abuse are logged and confirmed by a person at Aspen (suspension for non-payment follows 4.4); they never delete Customer Data, and export and backup keep working.

12.4 Ending Managed hosting. When a Managed Customer cancels its Maintenance Plan, or Aspen ends hosting under 4.4 or 12.2, Aspen hands over in one step: the Customer's marked image, a verified full backup, and install instructions. The Licence switches to Self-hosted Mode and activates on the Customer's own server. Aspen keeps the managed server for 30 days after handover, then destroys it (7.7).

12.5 What survives. Sections 3.2 (for a licence not revoked), 3.7, 5.7, 7, 9, 11, 12.3 to 12.6 and 14 survive the end of the agreement. A self-hosted Licence that ended only because the Maintenance Plan ended continues under section 3.

12.6 The Customer leaves. The Customer may stop using the Software at any time. It exports its data, deletes the Installation, and tells Aspen, which releases the Activation. Fees already paid are not refunded.

13. Changes to these Terms and to the Software

13.1 New versions of these Terms. Aspen may publish a new version of these Terms. Aspen gives at least 30 days' notice by email to the Customer's owner account and by a notice in Admin → Licence. The new version applies to every new Order Form from the date it takes effect, and to each Maintenance Plan at its next renewal.

13.2 Existing perpetual Licences. A self-hosted Licence without a Maintenance Plan stays under the version of these Terms it was bought under. A Customer with a Maintenance Plan who rejects a new version may cancel the plan before the renewal; the Licence then continues under the old version (3.2).

13.3 Changes to the Software. Aspen may add, change or retire features between releases. A Module on a paid Licence is not withdrawn without an equivalent, and a feature the Customer relies on is retired with at least 6 months' notice in the release notes. Nothing in a new release reduces the Modules or User Cap the Licence carries.

13.4 Changes to the Documentation. The Documentation describes the current release; the version that applies to the Customer is the one for the release it runs.

14. General

14.1 Governing law and courts. This agreement is governed by the laws of the State of Delaware, United States. Disputes go to the courts of Wilmington, Delaware, after the parties have tried for 30 days to settle them between their managers. The UN Convention on Contracts for the International Sale of Goods does not apply.

14.2 Notices. Notices to the Customer go to the owner account's email on the Order Form. Notices to Aspen go to hello@joinaspen.app, or the address on the Order Form, with a copy by post for termination and legal claims. A notice is received the next business day.

14.3 Assignment. The Customer may transfer the Licence together with the business that uses it, by telling Aspen, who re-issues the Licence to the new holder. Aspen may assign this agreement to a successor that takes over the Software and the Licence Service. No other assignment without consent.

14.4 Force majeure. Neither party is liable for a delay caused by events outside its reasonable control, except for payment obligations. If the event lasts more than 60 days, either party may end the affected Maintenance Plan.

14.5 Export and sanctions. The Customer confirms it is not on a sanctions list and will not use the Software where that would breach EU, UK or US export or sanctions rules.

14.6 Non-solicitation. For the term and 12 months after, neither party hires away a person who worked on this agreement for the other, without consent. A public job advertisement answered on its own is not solicitation.

14.7 Entire agreement. This agreement is the whole agreement about the Software and replaces earlier proposals and contracts for the same Licence. Each party confirms it did not rely on anything not written in it. A change must be in writing and signed, or made under section 13.

14.8 Severability and waiver. If a clause is unenforceable, the rest stands and the clause is read as close to its intent as the law allows. Not enforcing a right is not giving it up.

14.9 Language. These Terms are written in English. A translation is for convenience; the English text prevails. An Order Form or amendment may be written in Spanish; its commercial terms are as written there.