These Terms of Service (“Terms”) govern access to and use of Aspen, including its website, application, software, and related services (collectively, the “Services”).
The Services are provided by The Foundry Digital LLC, doing business as Aspen (“Aspen,” “The Foundry Digital,” “we,” “us,” or “our”).
By creating an account, starting a trial, accessing, or using the Services, you agree to these Terms. If you use the Services for an agency, business, or other organization, you represent that you have authority to accept these Terms for that organization.
1. Aspen Services
Aspen is a subscription-based software-as-a-service platform designed to help insurance agencies and their authorized users organize information, workflows, documents, communications, reporting, and related business activities.
Aspen is a technology platform only. Aspen does not provide insurance, legal, tax, financial, compliance, or professional advice. Aspen is not an insurance carrier, insurance producer, insurance broker, claims adjuster, or agency of any insurer.
You are solely responsible for your use of the Services, including all insurance-related decisions, policy information, applications, communications, quotes, coverage recommendations, client interactions, licensing obligations, carrier requirements, and compliance with applicable law.
2. Trial Access and Subscriptions
Aspen may offer trial access to the Services. Trial access is provided for evaluation purposes and may be limited by time, features, user count, storage, integrations, or other conditions communicated in the application or during signup.
At the end of a trial, you may be required to begin a paid subscription to continue using Aspen. If you do not begin a paid subscription, Aspen may suspend or terminate your access to the Services and Customer Data.
Paid subscriptions, if offered, will be billed according to the plan, pricing, billing period, and payment terms presented at checkout, in the application, or in a separate written agreement.
Unless otherwise stated in writing:
- Subscription fees are billed in advance.
- Fees are non-refundable except where required by law.
- You are responsible for applicable sales, use, and other taxes.
- Aspen may change future subscription prices upon reasonable advance notice.
- Aspen may suspend access for unpaid amounts after reasonable notice.
3. Accounts and Security
You must provide accurate, complete, and current information when creating or maintaining an Aspen account.
You are responsible for:
- Maintaining the confidentiality of your login credentials.
- Ensuring only authorized users access your account.
- All activities completed through your account.
- Immediately notifying Aspen at foundrydigital26@gmail.com of suspected unauthorized access or a security incident involving your account.
- Managing access for employees, contractors, and other users within your organization.
You may not share credentials with individuals outside your authorized organization or use another person’s account without permission.
4. Customer Data
“Customer Data” means all information, documents, records, content, personal information, policy information, contact details, addresses, email addresses, insurance policy numbers, coverage information, premium or policy amounts, notes, files, and other data submitted to Aspen by you or your authorized users.
You retain ownership of your Customer Data.
You grant The Foundry Digital LLC a limited, non-exclusive right to host, store, process, transmit, reproduce, and display Customer Data only as reasonably necessary to provide, secure, maintain, support, and improve the Services.
You represent and warrant that:
- You have the necessary rights, authority, notices, and consents to submit Customer Data to Aspen.
- You have a lawful basis to collect, use, and share Customer Data with Aspen.
- Your use of Aspen complies with all applicable privacy, insurance, licensing, consumer-protection, and other laws and obligations.
- Customer Data does not violate another party’s privacy, intellectual-property, confidentiality, or other legal rights.
5. Privacy and Data Protection
Aspen processes personal information and insurance-related information that users enter into the Services. This may include names, email addresses, physical addresses, policy numbers, policy or coverage amounts, and related customer records.
Aspen will use Customer Data only as described in these Terms, our Privacy Policy, and any applicable written agreement between you and Aspen.
You are responsible for providing any privacy notices and obtaining any permissions, authorizations, and consents required for your use of Aspen and your submission of Customer Data.
Aspen will use reasonable administrative, technical, and organizational measures designed to protect Customer Data. However, no method of data transmission or storage is completely secure, and Aspen cannot guarantee absolute security.
Aspen does not sell Customer Data.
6. Acceptable Use
You may use Aspen only for lawful business purposes and in accordance with these Terms.
You may not:
- Use Aspen in violation of insurance laws, privacy laws, consumer-protection laws, carrier requirements, or other applicable laws.
- Submit false, misleading, unlawful, infringing, or unauthorized Customer Data.
- Attempt to access data, accounts, systems, or networks without authorization.
- Interfere with the operation, performance, or security of Aspen.
- Upload malware, ransomware, harmful code, or content designed to disrupt the Services.
- Reverse engineer, copy, modify, decompile, disassemble, or create derivative works of Aspen except where that restriction is prohibited by law.
- Resell, lease, sublicense, or make Aspen available to third parties without our written permission.
- Use Aspen to send spam, unlawful marketing communications, or misleading messages.
We may suspend, limit, or terminate access if we reasonably believe you have violated these Terms or created a legal, security, or operational risk.
7. Cancellation and Data Access
You may cancel your subscription in accordance with the cancellation options provided in Aspen or your applicable subscription agreement.
When you cancel, your access to Aspen and your Customer Data ends immediately. You will no longer be able to log in, view, edit, or retrieve Customer Data through the Services after cancellation takes effect.
You are responsible for obtaining any Customer Data you wish to retain before cancelling your subscription.
Aspen may retain Customer Data for a limited period after cancellation as necessary for backup, security, legal, accounting, fraud-prevention, or operational purposes. After that period, Aspen may delete or anonymize Customer Data, unless retention is required by law or a separate written agreement.
8. Intellectual Property
The Foundry Digital LLC and its licensors own all rights, title, and interest in Aspen, including the software, interfaces, designs, features, trademarks, content, documentation, and related intellectual property.
Subject to these Terms and timely payment of applicable fees, Aspen grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Services during your active trial or subscription period.
No ownership rights in Aspen are transferred to you.
9. Third-Party Services
Aspen may integrate with or link to third-party tools, carriers, services, payment processors, email providers, analytics providers, or other providers.
Third-party services are governed by their own terms and privacy policies. The Foundry Digital LLC is not responsible for third-party services, their availability, security, accuracy, practices, or content.
10. Disclaimers
Aspen is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, The Foundry Digital LLC disclaims all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, and uninterrupted operation.
Aspen does not guarantee that the Services will be uninterrupted, error-free, secure, or compatible with every device, browser, carrier system, or third-party service.
You must independently review all data, documents, messages, policy information, calculations, and other outputs before relying on or distributing them.
11. Limitation of Liability
To the fullest extent permitted by law, The Foundry Digital LLC, Aspen, and their owners, officers, employees, contractors, affiliates, and licensors will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, loss of revenue, business interruption, loss of data, reputational harm, or loss of goodwill.
The total liability of The Foundry Digital LLC arising out of or related to the Services or these Terms will not exceed the amount you paid to Aspen during the 12 months before the event giving rise to the claim.
12. Indemnification
You agree to defend, indemnify, and hold harmless The Foundry Digital LLC, Aspen, and their owners, employees, contractors, affiliates, and licensors from claims, damages, liabilities, costs, and expenses arising from:
- Your use of the Services.
- Your Customer Data.
- Your violation of these Terms or applicable law.
- Your violation of another person’s privacy, intellectual-property, confidentiality, or other legal rights.
- Your insurance, licensing, carrier, or regulatory obligations.
13. Termination
Aspen may suspend or terminate your access to the Services if you violate these Terms, fail to pay fees when due, create a security risk, misuse the platform, or where required by law.
Upon termination, your right to access and use Aspen ends immediately. Sections that by their nature should survive termination—including data, payment, intellectual-property, disclaimer, limitation-of-liability, indemnification, and dispute provisions—will survive.
14. Changes
Aspen may modify these Terms or the Services from time to time. If we make a material change, we will provide reasonable notice through the Services, by email, or by another appropriate method.
Your continued use of Aspen after revised Terms take effect means you accept the revised Terms.
15. Governing Law
These Terms are governed by the laws of the State of Indiana, without regard to its conflict-of-law rules.
Any dispute arising from these Terms or the Services must be brought exclusively in the state or federal courts located in Howard County, Indiana, and you consent to the jurisdiction and venue of those courts.
16. Contact
Questions about these Terms may be sent to:
The Foundry Digital LLC d/b/a Aspen
699 N 300 W
Kokomo, IN 46901
Email: foundrydigital26@gmail.com
Website: www.thefoundrydigital.org