Platform Terms of Service

Last updated: 12 July 2026 · Applies to AIBI and other Aspen platforms

These Terms of Service (the "Terms") constitute a legally binding agreement between Aspen Blue Capital LLC, a limited liability company incorporated under the laws of Wyoming, United States of America ("Aspen", "we"), and the legal entity that contracts or uses the Platform (the "Customer", "you"). By creating an account, accepting these Terms or using the Platform, the Customer declares that it has read and accepts these Terms, and that whoever accepts them has sufficient authority to bind the Customer.

1. Provider identification

• Legal name: Aspen Blue Capital LLC.
• Jurisdiction of incorporation: Wyoming, United States of America.
• Registered office: 30 N Gould St, Ste N, Sheridan, WY 82801, United States of America.
• Contact email:business@aspenbluecapital.com
• Phone:+57 313 8744681

AIBI is currently a product and a brand operated by Aspen Blue Capital LLC. Aspen is a venture studio and holding whose purpose includes developing, operating, acquiring and disposing of software companies and products; accordingly, AIBI may be contributed, spun off or transferred to a dedicated entity within the group, in accordance with clause 19 (Assignment).

2. Definitions

• Platform: the software, APIs, dashboards, artificial intelligence agents and other services Aspen makes available to the Customer, including AIBI.
• Agent: the configuration created by the Customer which, using artificial intelligence models, holds conversations by phone, video call or other channels.
• End User: the natural person who interacts with a Customer's Agent (for example, whoever receives or places a call).
• Customer Data: the data the Customer uploads, transmits or generates through the Platform, including contacts, databases, instructions (prompts), recordings, transcripts and summaries of conversations with End Users.
• Service Data: the technical and operational data Aspen generates when providing the Platform (metrics, technical logs, latencies, volumes, errors, diagnostics and billing data).
• Aggregated and De-identified Data: data derived from the above which has been irreversibly de-identified and aggregated, such that it does not identify, and does not reasonably allow the re-identification of, the Customer or any End User.
• Sub-processor: the third party that processes Customer Data on Aspen's behalf to provide the Platform. The current list is at Sub-processors.

3. Description of the Service

The Platform allows the Customer to create and operate Agents that place and receive phone calls and video calls, converse using synthetic speech, transcribe and summarise conversations, run configurable flows and can invoke HTTP tools exposed by the Customer itself. The Platform is a tool: the Customer defines its purpose, its content, its recipients and its messages, and is responsible for the use it makes of it.

Aspen may modify, improve or discontinue features. If a modification substantially and permanently degrades an essential contracted feature, the Customer may terminate the contract in accordance with clause 15.

4. Account, credentials and security

• The Customer is responsible for the accuracy of its account information and for keeping it up to date.
• The Customer is responsible for safeguarding its credentials, API keys and secrets, and for all activity carried out with them.
• The Customer must notify Aspen without delay of any unauthorised use or security compromise of which it becomes aware.
• Aspen may suspend access immediately in the face of a reasonably founded security risk, informing the Customer as soon as possible.

5. Roles and ownership of data

This clause is essential. We distinguish three categories of data with different treatments:

5.1 Customer Data

Customer Data is and will remain the Customer's. In relation to it, the Customer acts as Controller and Aspen acts as Processor, processing it solely to provide the Platform and in accordance with the Customer's documented instructions, under the Data Processing Agreement, which forms an integral part of these Terms.

Aspen does not sell or commercialise identifiable Customer Data without the Customer's prior, express authorisation, and does not use it for its own purposes other than providing, maintaining, securing and improving the Platform. Aspen may review and monitor Customer Data solely for those purposes: security, abuse prevention, quality, compliance and service improvement, under least privilege and confidentiality. The use or transfer of identifiable Customer Data to third parties other than our sub-processors requires the Customer's express consent; irreversibly aggregated and de-identified data falls outside this restriction and Aspen may use and commercialise it.

5.2 Service Data

In relation to Service Data, Aspen acts as Controller and processes it to operate, measure, secure, bill, support and improve the Platform, and to comply with legal obligations.

5.3 Aggregated and De-identified Data

Aspen may generate Aggregated and De-identified Data and use it, publish it, share it with the companies in its group and with partners, and incorporate it into its systems and models, in order to improve service quality, user experience and its models and products. Aspen undertakes to:

• Apply reasonably irreversible de-identification and aggregation processes before any use under this clause.
• Not attempt to re-identify any Customer or End User, and to require the same contractually from anyone receiving this data.
• Not include, in the Aggregated and De-identified Data, content identifying the Customer, its brands, its counterparties or its End Users.

5.4 Models and identifiable Customer Data

Aspen does not use identifiable Customer Data to train or fine-tune artificial intelligence models. To improve its systems and models, Aspen uses only the Aggregated and De-identified Data described in clause 5.3.

6. Customer obligations and warranties

The Customer represents and warrants that, in relation to all Customer Data and all communications it makes using the Platform:

• It holds a sufficient legal basis and authorisation to process its contacts' data and for Aspen to process it on its behalf.
• It has obtained the prior express consents required to contact End Users through the channels it uses, including those required by the TCPA (Telephone Consumer Protection Act) and its regulations in the United States — which, following the FCC's February 2024 ruling, treats AI-generated voice as an "artificial" voice and therefore subject to prior express consent — and by Law 2300 of 2023 in Colombia (permitted hours, respect for the right not to be contacted and for suppression requests).
• It respects the applicable registries and suppression lists (including the Do Not Call Registry and its equivalents) and handles do-not-contact requests without delay.
• It complies with communications recording regulations, informing and obtaining the consent of all parties where the applicable jurisdiction requires it (for example, all-party consent states in the United States).
• It informs End Users that they are interacting with an artificial intelligence system, in accordance with the Responsible AI Policy.
• It complies with the Acceptable Use Policy.

The Customer is solely responsible for the content of its Agents, for who it contacts, when and with what message. Aspen does not determine those decisions.

7. Telephony and numbering

Telephone connectivity is provided through carriers and communications providers (see Sub-processors). The Customer must use only numbers it has the right to use, must not falsify caller identification (caller ID spoofing) and must not breach applicable telecommunications regulations. The availability, portability and quality of the telephone network depend on third parties and on factors outside Aspen's control.

8. Voice cloning and use of voices

If the Customer uses voice cloning features, it warrants that it holds the express, informed and verifiable consent of the voice owner and the necessary rights over the audio samples it uploads, and that it will not use the voice to impersonate a person or to mislead anyone about the identity of the speaker. Cloned voices are visible and usable only by the account that created them.

9. Customer tools and integrations

The Platform allows Agents to invoke HTTP tools and systems exposed by the Customer. The Customer is responsible for the security, availability, authentication and content of those endpoints, as well as for the data transmitted through them. Aspen is not liable for the effects that executing those tools produces on the Customer's systems or those of third parties.

10. Plans, consumption and billing

• Use of the Platform may be subject to plans, subscriptions, credits and metered consumption (for example, call minutes or model tokens), as agreed with the Customer.
• Payments are processed through Stripe; Aspen does not store full payment method details.
• Unless otherwise agreed or required by mandatory law, amounts paid are non-refundable, and credits consumed are not restored.
• Late payment entitles Aspen to suspend the service, after reasonable notice.
• Prices exclude taxes, which the Customer will bear where applicable.

11. Intellectual property

The Platform, its software, architecture, interfaces, documentation, trade marks ("Aspen", "AIBI") and every improvement to them are and will remain the exclusive property of Aspen or its licensors. Aspen grants the Customer a limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to use the Platform for the term of the contract and in accordance with these Terms. No other right is granted by implication.

The Customer retains ownership of its Customer Data and grants Aspen a limited licence to host, process and transmit it to the extent necessary to provide the Platform.

If the Customer sends suggestions or feedback about the Platform, Aspen may use them freely and without consideration.

12. Confidentiality

Each party undertakes to protect the other's confidential information with at least the same care it applies to its own, and not to disclose it save to those who need to know it and are subject to confidentiality duties, or where required by law or a competent authority, in which case — where legally possible — the other party will be informed in advance.

13. Security

Aspen applies reasonable technical and organisational measures to protect the Platform and Customer Data, described in the Data Processing Agreement. No system is infallible; Aspen does not warrant that the Platform is invulnerable. Vulnerabilities may be reported under our Responsible Disclosure Policy.

14. Availability and support

Aspen aims for high and continuous availability of the Platform but — unless a specific Service Level Agreement (SLA) is agreed in writing — does not commit to a particular availability percentage. The Platform depends on third parties (telephony, artificial intelligence models, infrastructure) whose outages may affect the service. Aspen may carry out maintenance, endeavouring to give reasonable advance notice of scheduled work.

15. Term, suspension and termination

• The contract runs from acceptance and for as long as the Customer uses the Platform or maintains an active plan.
• Either party may terminate it on written notice; the Customer may stop using the Platform and request the closure of its account at any time.
• Aspen may suspend or terminate access, immediately where necessary, if the Customer breaches these Terms or the Acceptable Use Policy, if there is legal or security risk, or if an authority requires it. Aspen will endeavour to give prior notice where reasonable and legally possible.
• On termination, the Customer may request the export of its Customer Data within the following thirty (30) days; after that period, Aspen may delete it in accordance with the Data Processing Agreement.
• Clauses that by their nature should survive termination do so (intellectual property, confidentiality, limitation of liability, indemnity, governing law).

16. Disclaimer of warranties

To the maximum extent permitted by law, the Platform is provided "as is" and "as available", without warranties of any kind, express or implied, including those of merchantability, fitness for a particular purpose and non-infringement.

The Customer acknowledges that the Platform uses probabilistic artificial intelligence models: their outputs may be inaccurate, incomplete or inappropriate, and must not be treated as professional, medical, legal or financial advice, nor as the sole basis for decisions with legal or similarly significant effects on people. The Customer is responsible for reviewing and validating outputs before acting on them.

17. Indemnity

The Customer will hold Aspen, its affiliates, partners, directors and employees harmless from any claim, penalty, fine, loss or expense (including reasonable legal fees) arising from: (i) the content and use of its Agents; (ii) the communications it makes and the people it contacts, including claims under the TCPA, Law 2300 of 2023 or equivalent regulations; (iii) Customer Data and the lack of authorisation to process it; (iv) the use of cloned voices; and (v) breach of these Terms or of applicable law.

18. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special or punitive damages, nor for loss of profit, data, revenue or business opportunity, even if advised of their possibility.

Aspen's total aggregate liability arising from these Terms will not exceed the greater of: (i) the amounts actually paid by the Customer to Aspen during the twelve (12) months preceding the event giving rise to the claim; and (ii) one hundred United States dollars (USD 100).

These limitations do not apply to wilful misconduct or gross negligence, nor to liabilities that mandatory law does not permit to be limited.

19. Assignment

The Customer may not assign this contract without Aspen's prior written authorisation. Aspen may assign it, in whole or in part, without the need for authorisation or renegotiation, to any company in its group or to a third party, in the context of a reorganisation, spin-off, merger, acquisition or asset sale. In particular, the Customer expressly accepts that Aspen may assign this contract and the operation of AIBI to the entity it may in future incorporate for that product, with the Customer retaining the same rights and conditions. Aspen will give notice of the assignment by a reasonable means.

20. Amendments

Aspen may amend these Terms. Material changes will be communicated at least thirty (30) days in advance by email or through the Platform, and will take effect on the date indicated; if the Customer does not agree, it may terminate the contract before that date. Non-material changes apply from their publication.

21. Governing law and dispute resolution

These Terms are governed by the laws of the State of Wyoming, United States of America, without regard to its conflict of laws rules. The parties submit to the competent courts of that jurisdiction.

The foregoing does not deprive the Customer or End Users of the protection of the mandatory rules of their place of residence. Where the Customer is domiciled in Colombia, the applicable Colombian mandatory rules will be respected, including those on personal data protection and consumer protection.

22. Entire agreement and order of precedence

These Terms, together with the Acceptable Use Policy, the Data Processing Agreement, the Responsible AI Policy and the Privacy Policy, constitute the entire agreement on the Platform. In the event of conflict, the following will prevail: (1) the signed contract with the Customer, if any; (2) the Data Processing Agreement, on personal data matters; (3) these Terms; (4) the other policies.

23. Contact

For contractual matters write to us at business@aspenbluecapital.com or visit Contact.