Terms and Conditions
Last Updated: [Insert Date]
These Terms and Conditions (“Terms”) constitute a legally binding agreement between ProspectLab Pty Ltd (“ProspectLab,” “we,” “us,” or “our”) and you (“you,” “your,” or “Client”) governing your use of the https://www.prospectlab.io website (the “Site”) and any services, materials, or communications provided by ProspectLab (collectively, the “Services”).
By accessing or using our Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, please discontinue use immediately.
1. Changes to These Terms
We may update these Terms from time to time. Updates will be posted on this page with a new “Last Updated” date. Continued use of the Site or Services after updates constitutes your acceptance of the revised Terms.
2. Our Services
ProspectLab provides business-to-business marketing and technology solutions, which may include:
digital marketing strategy,
advertising campaign management,
lead generation and qualification,
data and analytics services,
AI automation, and
related consulting or technical services.
Nothing on this Site constitutes a binding offer. Engagements for Services are governed by separate written proposals, statements of work, or service agreements between ProspectLab and the Client.
3. Use of the Site
You agree to use the Site and Services only for lawful purposes and in accordance with these Terms. You may not:
copy, modify, distribute, or reverse engineer any part of the Site;
use the Site to collect data about others without consent;
transmit spam, viruses, or malicious code; or
use the Site to violate any applicable laws or regulations.
We reserve the right to suspend or terminate access if we suspect misuse or unauthorized activity.
4. Intellectual Property
All content, graphics, code, designs, and trademarks displayed on the Site are owned by or licensed to ProspectLab. Except as expressly authorized, you may not copy, reproduce, or distribute any material from the Site without our prior written consent.
You retain ownership of any materials or data you supply to us but grant ProspectLab a limited, non-exclusive license to use such materials solely for the purpose of providing the Services.
5. Payment and Refund Policy
Unless otherwise stated in a written agreement:
Fees for Services are payable as agreed in the applicable invoice or proposal.
Payments are due upon receipt and non-refundable once Services have commenced.
ProspectLab reserves the right to suspend Services for non-payment.
All fees are exclusive of applicable taxes, which you are responsible for paying.
6. Third-Party Tools and Links
Our Site may include integrations, plug-ins, or links to third-party tools and websites. We do not control or endorse these third parties and are not responsible for their content, products, or privacy practices. Your interactions with any third-party site are at your own risk.
7. Confidentiality
ProspectLab and the Client agree to keep each other’s non-public business, financial, or technical information (“Confidential Information”) secure and not to disclose it to any third party, except as required to perform the Services or by law. Confidentiality obligations survive termination of these Terms.
8. Compliance
You are responsible for ensuring that your use of any leads, data, or marketing materials complies with all applicable laws, including but not limited to:
the Privacy Act 1988 (Cth) and Australian Privacy Principles;
the Telephone Consumer Protection Act (U.S.);
CAN-SPAM and similar anti-spam regulations; and
any advertising or consumer protection laws relevant to your industry or jurisdiction.
You must not upload or transmit to ProspectLab any data that violates data-protection or consumer-consent laws.
9. Warranties and Disclaimers
Except as expressly provided in a written service agreement, the Site and Services are provided “as is” and “as available” without warranties of any kind, whether express or implied.
ProspectLab does not warrant that:
the Site or Services will be uninterrupted, secure, or error-free;
data provided through campaigns will be accurate, complete, or result in any specific conversion outcome; or
our Services will meet your expectations.
To the fullest extent permitted by law, we disclaim all implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
10. Limitation of Liability
To the maximum extent permitted by law, ProspectLab and its directors, officers, and employees shall not be liable for:
any indirect, incidental, special, consequential, or punitive damages;
loss of profits, data, revenue, or business opportunities; or
any damages exceeding the amount paid by you to ProspectLab in the three (3) months preceding the event giving rise to the claim.
You acknowledge that ProspectLab’s pricing reflects these limitations of liability.
11. Indemnification
You agree to indemnify and hold harmless ProspectLab, its affiliates, officers, and employees from any claims, liabilities, damages, or expenses (including reasonable attorney’s fees) arising out of:
your use of the Site or Services;
your breach of these Terms; or
your violation of any law or third-party rights.