Terms of Service

1. Definitions

"Prospecx", "we", "us", or "our" refers to Prospecx, a company incorporated in India. "Service" means the Prospecx software platform, including web, Android, and iOS applications. "Customer", "you", or "your" refers to the individual or entity that has created an account and agreed to these Terms. "User" means any individual who accesses the Service under your account. "Content" means all text, data, or materials you submit to or through the Service.

2. Account Registration

To use the Service you must register an account and provide accurate, complete information. You are responsible for maintaining the security of your credentials. You must notify us immediately at hello@prospecx.in if you suspect unauthorised access. We reserve the right to suspend accounts where we believe account security has been compromised.

You must be at least 18 years old to use the Service. By creating an account you confirm you have the legal capacity to enter into this agreement on behalf of yourself or your organisation.

3. Subscription and Billing

The Service is offered on a subscription basis. Fees are charged in Indian Rupees (INR) and are inclusive of applicable GST unless stated otherwise. A GST-compliant invoice is issued for every payment. Current pricing is published at prospecx.in/pricing and may change with 30 days' advance notice to existing subscribers.

Your subscription renews automatically at the end of each billing period unless cancelled before the renewal date. We do not charge your card until you confirm billing at the end of your free trial.

All fees are non-refundable except as expressly provided in these Terms or required by applicable law. If we fail to deliver a core feature for more than 72 consecutive hours, we will credit your account for the affected days on request.

4. Cancellation

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period. You will retain access to the Service until that date. After cancellation, your data is retained for 30 days during which you may export it in CSV format. After 30 days your data is permanently deleted unless you request otherwise in writing.

5. Acceptable Use

You agree not to:

• Use the Service to send unsolicited commercial messages in violation of applicable law, including India's Information Technology Act 2000 or any applicable anti-spam regulations.
• Scrape, harvest, or systematically extract data from the Service in ways not permitted by these Terms.
• Reverse engineer, decompile, or attempt to derive source code from the Service.
• Use the Service to transmit malicious code, conduct phishing, or impersonate any person or entity.
• Resell or sublicense access to the Service without our prior written consent.
• Use the Service in any manner that violates applicable laws or regulations.

We reserve the right to suspend or terminate your account immediately if we determine, in our sole discretion, that you have violated this section.

6. Intellectual Property

Prospecx and its licensors own all intellectual property rights in the Service, including software, designs, trademarks, and documentation. These Terms grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service solely for your internal business purposes during your subscription.

You retain all rights in your Content. By submitting Content to the Service you grant Prospecx a limited licence to process and store your Content solely to provide the Service. We do not use your Content to train AI models or share it with third parties except as described in our Privacy Policy.

7. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

8. Warranties and Disclaimers

We warrant that the Service will perform materially as described in our documentation during your subscription. We do not warrant that the Service will be uninterrupted or error-free. THE SERVICE IS PROVIDED "AS IS" TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

9. Limitation of Liability

To the maximum extent permitted by law, Prospecx's total cumulative liability arising out of or related to these Terms or the Service will not exceed the fees paid by you in the 12 months immediately preceding the event giving rise to the claim. In no event will either party be liable for indirect, incidental, consequential, special, or punitive damages, even if advised of the possibility of such damages.

10. Indemnification

You agree to indemnify and hold harmless Prospecx and its officers, directors, and employees from any claims, damages, or expenses (including reasonable legal fees) arising from your use of the Service, your Content, or your violation of these Terms.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of India. Any dispute arising from or related to these Terms shall be subject to the exclusive jurisdiction of the courts of Bengaluru, Karnataka. Before initiating litigation, the parties agree to attempt in good faith to resolve disputes through executive-level discussion for a period of 30 days.

12. Changes to These Terms

We may update these Terms from time to time. We will notify you by email and by posting a notice in the Service at least 14 days before changes take effect for material modifications. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

13. General

These Terms, together with our Privacy Policy and any order forms, constitute the entire agreement between you and Prospecx. If any provision is found unenforceable, the remaining provisions remain in full force. Our failure to enforce any right is not a waiver of that right. You may not assign these Terms without our prior written consent. We may assign our rights in connection with a merger, acquisition, or sale of all or substantially all of our assets.

Questions? Email hello@prospecx.in.