Terms of Service

Welcome to Prospectio.io ("Prospectio", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of the Prospectio platform, including our website, applications, and services (collectively, the "Service"). Please read these Terms carefully before using the Service.

1. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service. If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

2. Account Registration

To use the Service, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

Each individual may only maintain one account. Sharing account credentials with unauthorized parties is strictly prohibited.

3. Subscription and Billing

Prospectio offers paid subscription plans. By subscribing, you agree to pay the applicable fees as described at the time of purchase.

• Subscriptions are billed on a recurring basis (monthly or annually) unless cancelled
• All fees are non-refundable except as described in our Refund Policy
• We reserve the right to change pricing with 30 days' notice via email and in-app notification
• Failure to pay may result in suspension or termination of your account

Payment processing is handled by our payment processor. By providing payment information, you also agree to our payment processor's terms of service.

4. Acceptable Use

You agree to use the Service in compliance with all applicable laws and our Acceptable Use Policy. You may not use the Service to:

• Send spam or unsolicited bulk email without a lawful basis
• Upload, transmit, or distribute illegal, harmful, or fraudulent content
• Attempt to circumvent rate limits, security measures, or platform restrictions
• Harass, threaten, or abuse any individual
• Misrepresent your identity in outreach communications
• Interfere with the integrity or performance of the Service

5. Cold Email Compliance

As a cold email campaign management platform, Prospectio requires all users to comply with applicable anti-spam legislation including CAN-SPAM, CASL, GDPR, and any other relevant laws in your jurisdiction. Specifically, you are responsible for:

• Having a legal basis (such as legitimate interest or consent) for contacting the leads in your campaigns
• Including clear unsubscribe mechanisms in all outreach emails
• Honoring opt-out requests within 10 business days
• Not sending to purchased lists of personal (non-business) email addresses
• Including a valid physical postal address in your outreach communications
• Compliance with all anti-spam laws applicable in your jurisdiction and the jurisdictions of your recipients

Prospectio is not liable for your failure to comply with applicable laws. Violations may result in immediate suspension or termination of your account.

6. Data Ownership

You retain all ownership rights to the data you upload to the Service, including lead lists, email content, and campaign configurations ("Your Data"). You grant Prospectio a limited license to process Your Data solely for the purpose of providing the Service.

Prospectio does not claim ownership over Your Data. Upon termination of your account, you may export Your Data as described in our Privacy Policy. Following any applicable retention period, Your Data will be permanently deleted.

7. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to scheduled maintenance, upgrades, or circumstances beyond our reasonable control. We will make reasonable efforts to provide advance notice of planned downtime.

8. Intellectual Property

The Service, including its design, features, code, documentation, and branding, is the exclusive property of Prospectio and is protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Prospectio shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising from your use of or inability to use the Service.

Our total aggregate liability for any claims arising from or relating to these Terms or the Service shall not exceed the amounts you paid to Prospectio in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless Prospectio and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any applicable law.

11. Termination

You may cancel your account at any time through your account settings. We may suspend or terminate your access to the Service if we reasonably believe you have violated these Terms, our Acceptable Use Policy, or any applicable law.

Upon termination:

• Your right to access the Service ceases immediately
• You may request an export of Your Data within 30 days of termination
• After the 30-day grace period, Your Data will be permanently deleted
• Outstanding payment obligations remain due

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Prospectio is incorporated, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved in the courts of that jurisdiction.

13. Changes to Terms

We may update these Terms from time to time. When we make material changes, we will notify you via email and through an in-app notification at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you may close your account and export your data.

14. Contact

If you have any questions about these Terms, please contact us at contact@prospectio.io.