Terms of Use

1. Agreement to Terms

These Terms of Use ("Terms") govern your access to and use of the Prospektr platform and website at prospektr.app (the "Service"), operated by Prospektr ("we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. Account Registration

You must provide accurate and complete information when creating an account. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account.

Notify us immediately at support@prospektr.app if you suspect unauthorized access to your account.

4. Acceptable Use

You agree not to use the Service to:

• Send unsolicited bulk email (spam) or violate anti-spam laws including CAN-SPAM, GDPR, CASL, or equivalent legislation in your jurisdiction.
• Harvest, scrape, or collect personal data in violation of applicable privacy laws.
• Upload or transmit malicious code, viruses, or harmful content.
• Impersonate any person or entity, or misrepresent your affiliation.
• Interfere with or disrupt the Service, its servers, or connected networks.
• Attempt to gain unauthorized access to any part of the Service.
• Use the Service for any purpose that is unlawful or prohibited by these Terms.
• Resell, sublicense, or provide the Service to third parties without our written consent.

We reserve the right to suspend or terminate accounts that violate these terms, with or without notice.

5. Email Compliance

You are solely responsible for ensuring that your use of the Service for outbound email complies with all applicable laws and regulations, including:

• Including accurate sender information and a valid physical address.
• Providing a clear and functional unsubscribe mechanism.
• Honoring opt-out requests within the timeframes required by law.
• Not using deceptive subject lines or misleading header information.

We may monitor compliance and suspend sending capabilities if violations are detected.

6. AI-Generated Content

The Service uses artificial intelligence to generate email drafts, prospect summaries, and other content. AI-generated content is provided as a starting point and may contain inaccuracies.

You are responsible for reviewing, editing, and approving all content before it is sent. We are not liable for the accuracy, completeness, or appropriateness of AI-generated content.

7. Your Data

You retain all ownership rights to the data you upload to the Service, including prospect lists, email content, and campaign configurations ("Your Data").

You grant us a limited, non-exclusive license to process Your Data solely to provide the Service to you. We will not use Your Data for any other purpose without your consent.

You are responsible for ensuring you have the legal right to upload, process, and use any data you provide to the Service.

8. Intellectual Property

The Service, including its design, code, features, documentation, and branding, is owned by us and protected by intellectual property laws. These Terms do not grant you any rights to our trademarks, logos, or brand assets.

We may use your company name and logo to identify you as a customer unless you notify us otherwise in writing.

9. Service Availability

We aim to provide reliable, uninterrupted access to the Service but do not guarantee uptime. The Service is provided "as is" and "as available." We may modify, suspend, or discontinue features at any time with reasonable notice.

Scheduled maintenance windows will be communicated in advance when possible.

10. Payment & Billing

Paid plans are billed in advance on a monthly or annual basis. Prices are subject to change with 30 days' notice. All fees are non-refundable except where required by law or stated in a specific plan's terms.

If payment fails, we may suspend access to paid features after reasonable notice and attempts to collect.

11. Limitation of Liability

To the maximum extent permitted by law, Prospektr and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, regardless of the cause of action.

Our total liability for any claim arising from these Terms or the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.

13. Termination

You may terminate your account at any time by contacting us or using the account deletion feature in the Service. We may terminate or suspend your account for violation of these Terms or for any reason with 30 days' notice.

Upon termination, your right to use the Service ceases immediately. We will make Your Data available for export for 30 days after termination, after which it will be deleted.

14. Dispute Resolution

Any disputes arising from these Terms or the Service shall be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with applicable rules, except where prohibited by law.

Nothing in this section prevents either party from seeking injunctive relief in a court of competent jurisdiction.

15. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email or a notice within the Service at least 30 days before taking effect. Continued use after the effective date constitutes acceptance.

16. General

• If any provision of these Terms is found unenforceable, the remaining provisions remain in effect.
• Our failure to enforce any right or provision does not constitute a waiver.
• These Terms constitute the entire agreement between you and Prospektr regarding the Service.

17. Contact

For questions about these Terms, contact us at:

legal@prospektr.app