Aha! Builder Supplemental Terms
EFFECTIVE: March 16, 2026
This Aha! Builder Supplement to the Terms of Service (the “Builder Supplement”) modifies and forms part of the Aha! Terms of Service available at https://www.aha.io/legal/terms_of_service (the “Terms”) and applies to all access to and use of the Aha! Builder Service by You, Subscribers, and End Users.
Except where otherwise modified by the Builder Supplement, the Terms continue to apply to Aha! Builder. In the event of a conflict between this Builder Supplement, the Terms, and any Form(s), this Builder Supplement will control solely to the extent the conflict relates to features or functionality provided as part of Aha! Builder.
All capitalized terms used but not defined in this Builder Supplement shall have the meanings given to them in the Terms.
1. DEFINITIONS
For purposes of this Builder Supplement, the following terms have the following meanings:
Aha! Builder: means the Aha! generative artificial intelligence capability made available as part of the Service that enables You, Subscribers, and End Users to design, configure, and generate software applications, workflows, and related artifacts (including source code, configuration files, scripts, and documentation). Aha! Builder is considered part of the Service for all purposes under the Terms.
Builder Inputs: means prompts, instructions, specifications, data, and other content submitted, provided, or otherwise made available by You, Subscribers, or End Users to Aha! Builder for processing, including data supplied via the API or Other Services in connection with Aha! Builder.
Builder Outputs: means the responses, results, and other content generated by Aha! Builder based on Builder Inputs, including Customer Software. For clarity, “Your Data” includes Builder Outputs to the extent they are made available to You under Your Account.
Customer Software: means any code, prototypes, programs, configuration files, scripts, documentation, and related materials generated by or through Aha! Builder based on Builder Inputs, in each case to the extent such materials are made available to You.
2. OWNERSHIP OF CUSTOMER SOFTWARE
2.1 As between You and Aha!, and subject to Your underlying rights in the Builder Inputs, You shall own all right, title, and interest (including all Intellectual Property Rights) in and to the Customer Software. To the extent Aha! may be deemed to acquire any right, title, or interest in or to any Customer Software by operation of law or otherwise, Aha! hereby assigns, and agrees to assign, without additional consideration, all such right, title, and interest to You.
2.2 You grant Aha! a limited, non-exclusive, non-transferable (except as permitted under the Terms), worldwide, royalty-free license during the Subscription Term to host, install, run, execute, reproduce, display, use, and otherwise access the Customer Software solely as necessary to provide, operate, maintain, support, and improve the Services. We may permit our service providers to exercise the foregoing rights solely to support Our performance of the Services, provided We remain responsible for their compliance with the Terms.
2.3 Nothing in this Builder Supplement shall be construed to transfer to You any right, title, or interest in or to (a) the Service, Aha! Builder, or any underlying models, algorithms, or systems used to provide Aha! Builder, or (b) any generic learnings, know-how, or improvements derived from aggregated or de-identified use of the Service, which shall at all times remain the exclusive property of Aha! and its licensors.
3. ACCEPTABLE USE OF AHA! BUILDER AND CUSTOMER SOFTWARE
In addition to the acceptable use obligations set forth in Section 2.3 of the Terms, the following additional restrictions apply to Aha! Builder and Customer Software.
3.1 You agree that You, Subscribers, and End Users will not use Aha! Builder or Customer Software in a harmful manner to You, Aha!, or any third party, including but not limited to:
a. in any manner that is reasonably likely to violate applicable laws or regulations, including but not limited to laws governing privacy, data protection, export control, consumer protection, intellectual property, and unfair or deceptive practices;
b. in a way that, in Aha!’s reasonable judgment, consumes excessive computing, storage, or network resources of the Service or materially degrades performance for Aha!’s other customers;
c. primarily to generate deceptive, harmful, or objectionable outputs, including outputs that are intended or reasonably likely to be used for sexual exploitation, unlawful discrimination, defamatory or fraudulent purposes, or other abusive conduct;
d. to intentionally circumvent, disable, or interfere with any usage limits, security features, or safeguards implemented in connection with Aha! Builder; or
e. to reproduce, replicate, copy, imitate, or create a substitute for the Services or any of Our technology, features, workflows, user interface, or outputs.
3.2 Aha! reserves the right, without liability to You, to (a) suspend or disable access to Aha! Builder, (b) remove, disable, or restrict access to specific Customer Software or Builder Outputs, or (c) take other reasonable remedial actions, if Aha! reasonably determines that Your use of Aha! Builder or Customer Software (i) is in violation of your agreements with Aha! (including the Terms and the Builder Supplement) or applicable law, (ii) presents a material security or operational risk to the Service or to third parties, or (iii) is reasonably likely to cause imminent harm.
3.3 Any breach of this Section 3 of the Builder Supplement will be a material breach of the Terms, and Customer acknowledges that monetary damages may be inadequate and Aha! may seek injunctive or equitable relief in addition to any other remedies.
4. DATA PROCESSING; CUSTOMER RESPONSIBILITIES
You acknowledge and agree that:
1. You are solely responsible for the accuracy, quality, and legality of Builder Inputs and any personal data included in Builder Inputs or otherwise processed by Aha! Builder or Customer Software;
2. You determine the purposes and means of processing of any personal data submitted to or generated through Aha! Builder, including through Customer Software, and You are responsible for ensuring that such processing complies with all applicable data protection and privacy laws and regulations;
3. You are solely responsible for obtaining and maintaining (and demonstrating, where required) all necessary notices, consents, and permissions from data subjects and other third parties in connection with the processing of personal data via Aha! Builder or Customer Software; and
4. To the extent Customer Software is deployed or executed in Your own environment or on third-party infrastructure not controlled by Aha!, You are solely responsible for implementing appropriate technical and organizational measures to protect personal data processed by such Customer Software.
For clarity, Aha!’s obligations with respect to personal data and data security under this Builder Supplement are limited to those set forth in the Terms and any applicable data protection addendum entered into between the parties.
5. DISCLAIMER OF WARRANTIES
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TERMS OR ANY FORM, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, AHA! PROVIDES AHA! BUILDER, BUILDER OUTPUTS, AND CUSTOMER SOFTWARE STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
WITHOUT LIMITATION, AHA! DISCLAIMS ANY AND ALL WARRANTIES REGARDING THE CUSTOMER SOFTWARE AND BUILDER OUTPUTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. AHA! ALSO MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, LEGALITY, UNIQUENESS, OR RELIABILITY WITH RESPECT TO AHA! BUILDER, THE CUSTOMER SOFTWARE, AND BUILDER OUTPUTS, WHICH IS BY ITS NATURE PROBABILISTIC. CUSTOMER SHOULD NOT RELY ON ANY GUIDANCE OR SUGGESTIONS CONTAINED IN OUTPUT WITHOUT INDEPENDENTLY DETERMINING THEIR ACCURACY, COMPLETENESS, AND RELIABILITY.
6. LIMITATION OF LIABILITY AND INDEMNITY
The indemnification and limitation of liability provisions in Sections 9 and 10 of the Terms apply to Aha! Builder as a part of the Services covered by these Supplemental Terms.
