Terms of Service

1. Eligibility and accounts

• You must be at least 16 years old and able to form a binding contract to use ProspectNow.
• You are responsible for the accuracy of the information you provide and for maintaining the security of your account credentials.
• You are responsible for all activity that occurs under your account, including actions taken by team members you invite.

2. Acceptable use

You agree to use ProspectNow only for lawful purposes. In particular, you agree not to:

• Send unsolicited bulk email in violation of applicable law, including the CAN-SPAM Act, CASL, or GDPR/PECR.
• Send emails containing false or misleading sender information, deceptive subject lines, or content that fails to include a working unsubscribe mechanism where required by law.
• Use ProspectNow to send spam, malware, phishing content, or material that infringes a third party's intellectual property or privacy rights.
• Connect an email account (including via Google or Gmail OAuth) that you are not authorized to use, or use connected sending accounts for any purpose other than sending campaigns you create within ProspectNow.
• Attempt to interfere with, disrupt, or gain unauthorized access to ProspectNow's systems, or reverse-engineer the platform.
• Resell or sublicense access to ProspectNow without our written permission.

We may suspend or terminate accounts that violate this section, with or without notice, particularly where violations affect email deliverability for other users or expose us to legal risk.

3. Connected accounts and third-party services

ProspectNow allows you to connect third-party accounts (such as Gmail, Google Workspace, Outlook, or custom SMTP/email domains) to send campaigns. You represent that you have the right to connect and use each account you add. Your use of connected services is also subject to the terms of those providers (e.g. Google's Terms of Service and API policies). We are not responsible for actions taken by third-party providers, including suspension of a connected account for policy violations on their end.

4. Your content and data

• You retain ownership of the campaigns, templates, contact lists, and other content you upload or create ("Your Content").
• You grant ProspectNow a limited license to host, process, and transmit Your Content solely to provide the platform's features (e.g. sending the emails you compose).
• You are solely responsible for ensuring you have the legal right to contact the recipients in any list you upload or generate, including compliance with applicable consent and data protection laws.

See our Privacy Policy for details on how we collect, use, and protect data, including Google user data.

5. Subscriptions and billing

• Paid plans are billed in advance on a recurring basis (monthly or annual, as selected) through our payment processor.
• Fees are non-refundable except where required by law or expressly stated otherwise.
• You can cancel your subscription at any time from Settings → Billing; cancellation takes effect at the end of the current billing period.
• We may change our prices with reasonable advance notice. Continued use after a price change takes effect constitutes acceptance of the new price.

6. Service availability

We aim to keep ProspectNow available and reliable, but we do not guarantee uninterrupted access. We may modify, suspend, or discontinue features of the platform at any time, and may perform maintenance that temporarily affects availability.

7. Termination

• You may stop using ProspectNow and delete your account at any time from Settings → Account.
• We may suspend or terminate your access if you violate these Terms, including the acceptable use rules in Section 2, or if required to do so by a service provider (e.g. an email delivery or infrastructure provider) or by law.
• Upon termination, your right to use ProspectNow ends. Sections of these Terms that by their nature should survive termination (e.g. limitation of liability, disclaimers) will survive.

8. Disclaimers

ProspectNow is provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the platform will be error-free, that emails sent through ProspectNow will be delivered, opened, or avoid spam filters, or that any particular results will be achieved from using the platform.

9. Limitation of liability

To the maximum extent permitted by law, ProspectNow and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising from your use of the platform. Our total liability for any claim arising out of these Terms or your use of ProspectNow will not exceed the amount you paid us in the twelve months preceding the claim.

10. Changes to these Terms

We may update these Terms from time to time. Material changes will be announced via the platform or email, and the "Last updated" date above will be revised. Continued use of ProspectNow after changes take effect constitutes acceptance of the revised Terms.

11. Governing law

These Terms are governed by the laws of the jurisdiction in which ProspectNow is incorporated, without regard to conflict-of-law principles, except where applicable consumer protection law requires otherwise.

12. Contact

Questions about these Terms? Email support@prospectnow.co.