Terms of Use

By accessing or using the website located at https://prospectengine.com (the "Site") or any services provided by Prospect Engine LLC ("Prospect Engine," "we," "us," or "our"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to all of these Terms, you must not access or use the Site or our services. We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Site or our services after any changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

Prospect Engine provides B2B appointment setting, lead generation, LinkedIn outreach, cold email campaigns, cold calling, content marketing, SEO, and related sales development services (collectively, the "Services"). Our Services are designed to help businesses generate qualified leads and book sales meetings through targeted outreach strategies. The specific scope, deliverables, and terms of any engagement will be outlined in a separate service agreement or statement of work between you and Prospect Engine. These Terms govern your general use of our Site and Services.

You must be at least 18 years of age and have the legal authority to enter into a binding agreement to use our Services. By using the Site or Services, you represent and warrant that you meet these eligibility requirements. If you are using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

When you engage with our Services or create an account on our Site, you agree to: - Provide accurate, current, and complete information as requested - Maintain the confidentiality of any account credentials - Notify us immediately of any unauthorized use of your account - Accept responsibility for all activities that occur under your account - Use the Services only for lawful business purposes - Not interfere with or disrupt the integrity of the Site or Services - Not attempt to gain unauthorized access to any part of the Site or Services - Not use the Services to send unsolicited communications in violation of applicable laws (including CAN-SPAM, GDPR, or similar legislation)

All content on the Site, including but not limited to text, graphics, logos, images, software, methodologies, frameworks (including our Q-Squared methodology), and other materials, is the property of Prospect Engine LLC or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any content from the Site without our prior written consent. Any materials, strategies, or deliverables created by Prospect Engine as part of our Services remain our intellectual property unless explicitly transferred in writing through a separate agreement.

Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the course of our engagement. This includes, but is not limited to, business strategies, client lists, campaign data, performance metrics, and trade secrets. This obligation of confidentiality survives the termination of any engagement and remains in effect for a period of two (2) years following termination, unless a longer period is specified in a separate agreement.

Payment terms for Services are outlined in your specific service agreement or statement of work. Unless otherwise agreed: - All fees are due as specified in your service agreement - Late payments may incur interest at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower - You are responsible for all applicable taxes associated with the Services - We reserve the right to suspend Services for accounts with overdue payments exceeding 30 days

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. While we strive to deliver measurable results, Prospect Engine does not guarantee specific outcomes, including but not limited to a specific number of leads, appointments, or revenue generated. Results may vary based on factors including your industry, target market, offering, and market conditions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROSPECT ENGINE LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO PROSPECT ENGINE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

You agree to indemnify, defend, and hold harmless Prospect Engine LLC, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from: - Your use of the Site or Services - Your violation of these Terms - Your violation of any applicable law or regulation - Any content or data you provide to us in connection with the Services - Your infringement of any third party's intellectual property or other rights

Either party may terminate the use of Services as outlined in the applicable service agreement. We reserve the right to suspend or terminate your access to the Site at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties. Upon termination, your right to use the Site and Services will immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property, confidentiality, limitation of liability, and indemnification provisions.

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Buffalo, New York. You agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class, consolidated, or representative action.

The Site may contain links to third-party websites or services that are not owned or controlled by Prospect Engine. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Prospect Engine shall not be responsible or liable for any damage or loss caused by the use of any such third-party content, goods, or services.

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

These Terms, together with any applicable service agreement or statement of work, constitute the entire agreement between you and Prospect Engine LLC regarding the use of the Site and Services, and supersede all prior agreements, understandings, and communications, whether written or oral.

If you have any questions about these Terms of Use, please contact us: Prospect Engine LLC 100 N Parrish Dr, Amherst, NY 14228 United States of America Email: hello@prospectengine.com Phone: +1 646 575 46 03