Terms of Service
Last updated: February 2026
1. Definitions
In these Terms of Service ("Agreement" or "Terms"), the following definitions apply:
- "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where "control" means ownership of more than 50% of the voting securities or equivalent interest.
- "Authorised Payment Method" means a valid payment method accepted by Prospecco, including credit card, debit card, or any other method supported through our payment processor.
- "Billing Period" means the recurring interval (monthly or annual) at which Subscription Fees are charged.
- "Confidential Information" means all non-public information disclosed by either party to the other, whether orally, in writing, or electronically, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.
- "Contact" means an individual whose Contact Information is processed through the Service.
- "Contact Information" means information relating to a Contact, including name, email address, telephone number, job title, employer, and other professional details.
- "Credits" means the units of value purchased by the Customer and consumed when performing enrichment operations through the Service.
- "Customer Data" means all data, content, and materials that you upload, submit, or otherwise transmit to or through the Service, including datasets, contact lists, and any data derived from your use of the Service.
- "Customer Materials" means all materials provided by you to Prospecco for the purpose of receiving the Service, including logos, trademarks, and brand assets.
- "DPA" means the Data Processing Agreement available at prospecco.com/dpa, which forms part of this Agreement.
- "Free Services" means any features, functionality, or credits provided at no charge, including free trials, beta features, and complimentary credit allocations.
- "Order" means an ordering document, online subscription selection, or plan selection that specifies the Subscription Service, credit allocation, usage limits, fees, and Subscription Term.
- "Personal Data" has the meaning given to it in the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
- "Privacy Policy" means the privacy policy available at prospecco.com/privacy-policy.
- "Sensitive Information" means Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health, sex life, or sexual orientation, or criminal convictions and offences.
- "Service" or "Subscription Service" means the Prospecco platform, including the web application, API, and all associated tools, features, and functionality provided by Prospecco.
- "Subscription Fee" means the recurring fees payable for a Subscription Service plan, as set out in the applicable Order.
- "Subscription Term" means the period during which you have access to the Subscription Service, comprising the Initial Term and any subsequent Renewal Terms. The "Initial Term" begins on the date you first subscribe. Each "Renewal Term" is the period following automatic renewal. The "Current Term" means whichever of the Initial Term or Renewal Term is then in effect.
- "Third-Party Products" means products, services, integrations, or data provided by third parties that may be accessed through or in connection with the Service.
- "Third-Party Sites" means websites operated by third parties that may be linked to from the Service.
- "Users" means individuals authorised by you to access and use the Service under your account.
- "Prospecco", "we", "us", or "our" refers to Prospecco Ltd, a company registered in England and Wales.
- "Customer", "you", or "your" refers to the individual or entity entering into this Agreement to use the Service.
2. Acceptance of Terms
By accessing or using the Service, clicking "I agree" or similar, or by executing an Order that references this Agreement, you agree to be bound by these Terms. If you are using the Service on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms, and references to "you" and "your" shall refer to that organisation.
If you do not agree to these Terms, you must not access or use the Service.
3. Use of Service
3.1 Access Provision
Subject to your compliance with this Agreement and payment of applicable fees, Prospecco grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the Subscription Term solely for your internal business purposes.
3.2 Affiliate Usage
Your Affiliates may use the Service under your account, provided that such use complies with this Agreement and you remain responsible for all acts and omissions of your Affiliates in connection with the Service.
3.3 Additional Features
Additional features, enrichment sources, or increased usage limits may be added to your account during a Subscription Term by placing a new Order or upgrading your plan through the Service.
3.4 Usage Limits
Your use of the Service is subject to the usage limits specified in your Order or plan, including but not limited to credit allocations, API rate limits, dataset sizes, and the number of Users. If you exceed your usage limits, we may charge you for the excess usage or require you to upgrade your plan.
3.5 Eligibility
You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you meet this age requirement.
3.6 Fair Use
The Service operates on shared infrastructure. You agree to use the Service in a manner that does not adversely affect other users or the integrity of the platform. We monitor usage patterns and reserve the right to throttle, suspend, or restrict access for accounts that place excessive demands on shared resources, including but not limited to excessive API calls, abnormally large dataset uploads, or automated usage that degrades service quality.
3.7 Modifications to Service
We may modify, update, or discontinue features of the Service from time to time. We will use reasonable efforts to provide advance notice of material changes. No modification will materially diminish the core functionality of the Service during your Current Term without your consent.
3.8 Acceptable Use Policy
Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into this Agreement by reference.
3.9 Prohibited Use
You must not, and must not permit any User or third party to:
- Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying structure of the Service
- Copy, modify, create derivative works of, or distribute any part of the Service
- Remove, alter, or obscure any proprietary notices, labels, or markings on the Service
- Access the Service for the purpose of building a competitive product or service, or for benchmarking or competitive analysis
- Use the Service to store or transmit malicious code, viruses, or harmful data
- Use the Service to send unsolicited communications (spam) or engage in any form of harassment
- Resell, redistribute, or sublicense data obtained through the Service without prior written authorisation from Prospecco
- Circumvent or attempt to circumvent rate limits, usage quotas, or other technical restrictions of the Service
- Use the Service to process data for any purpose that is unlawful under applicable law
3.10 Legal Restrictions
The Service is not designed for, and must not be used to process, data that is subject to the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Modernisation Act (FISMA), the Gramm-Leach-Bliley Act (GLBA), or any similar regulatory framework requiring specific data handling certifications that Prospecco does not hold.
3.11 Sensitive Information
YOU MUST NOT UPLOAD, SUBMIT, OR OTHERWISE TRANSMIT ANY SENSITIVE INFORMATION TO THE SERVICE. PROSPECCO IS NOT DESIGNED TO PROCESS SENSITIVE INFORMATION AND ACCEPTS NO LIABILITY FOR ANY SENSITIVE INFORMATION PROCESSED THROUGH THE SERVICE. IF YOU UPLOAD SENSITIVE INFORMATION, YOU DO SO ENTIRELY AT YOUR OWN RISK.
3.12 Free Trial
We may offer Free Services, including free trials or complimentary credits. Free Services are provided "as is" without any warranty or service level commitment. We may modify, limit, or discontinue Free Services at any time without notice. Upon expiry of a free trial, your account will be converted to a paid plan only if you affirmatively select and purchase one.
3.13 Notification of Unauthorised Use
You agree to promptly notify Prospecco at support@prospecco.com if you become aware of any unauthorised access to or use of the Service through your account or any other breach of security.
4. Account Registration
To use the Service, you must create an account by providing accurate and complete information. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Ensuring your account information remains current and accurate at all times
- Restricting access to your account to authorised Users only
We reserve the right to suspend or terminate accounts that contain inaccurate information or that we reasonably believe are being used in violation of this Agreement.
5. Fees and Payment
5.1 Credit-Based Pricing
Prospecco operates on a credit-based pricing model. Credits are consumed when you perform enrichment operations through the Service. Different enrichment operations consume different numbers of Credits, as detailed on our pricing page. Credit costs for each operation type are subject to change with 30 days' advance notice.
5.2 Subscription Plans
Where you subscribe to a plan, Subscription Fees are charged at the beginning of each Billing Period. Plans include a specified allocation of Credits per Billing Period and may include additional features or higher usage limits.
5.3 Payment Authorisation
By providing an Authorised Payment Method, you authorise Prospecco (and our payment processor, Stripe) to charge the applicable fees to your payment method. You must keep your payment information current and accurate via your account billing settings.
5.4 Failed Payments
If a payment fails, we will attempt to process the charge again using the payment method on file. If payment cannot be collected after reasonable retry attempts, we may suspend your access to the Service until payment is successfully processed. Your access will automatically resume once the outstanding balance is settled.
5.5 Non-Refundable
All fees and Credit purchases are non-cancellable and non-refundable, except (a) as expressly stated in this Agreement, (b) where required by applicable law, or (c) where Prospecco terminates this Agreement other than for your breach.
5.6 Taxes
All fees are exclusive of taxes. You are responsible for all applicable taxes, including value-added tax (VAT), goods and services tax (GST), sales tax, and any other similar taxes imposed by any jurisdiction. If Prospecco is required to collect or remit taxes on your behalf, such taxes will be added to your invoice. If you are entitled to a tax exemption, you must provide a valid exemption certificate.
5.7 Credit Expiry
Unused Credits included in a subscription plan expire at the end of each Billing Period and do not roll over unless your plan expressly provides otherwise. Credits purchased as one-time top-ups do not expire while your account remains active.
6. Term and Termination
6.1 Term
This Agreement commences on the date you first accept it or access the Service and continues for the duration of the Subscription Term. For accounts without a fixed Subscription Term (such as pay-as-you-go accounts), this Agreement continues until terminated by either party.
6.2 Auto-Renewal
Unless you provide written notice of non-renewal at least 30 days before the end of the Current Term, your Subscription Term will automatically renew for successive Renewal Terms equal to the shorter of (a) the duration of the preceding term, or (b) one year.
6.3 Termination for Convenience
You may cancel your subscription at any time through your account settings or by contacting support@prospecco.com. Your access will continue until the end of the then-current Billing Period. No pro-rated refunds will be issued for partial Billing Periods.
6.4 Termination for Cause
Either party may terminate this Agreement:
- Upon 30 days' written notice if the other party commits a material breach of this Agreement and fails to cure such breach within the 30-day notice period
- Immediately upon written notice if the other party becomes insolvent, files for bankruptcy, enters into administration or receivership, or ceases to carry on business
- Immediately upon written notice if the other party engages in conduct that is materially detrimental to Prospecco's reputation or business interests
6.5 Suspension
We may suspend your access to the Service immediately and without prior notice if:
- You engage in any Prohibited Use as described in Section 3.9
- Your use of the Service poses a security risk to the platform or other users
- We are required to do so by law or by a court or regulatory order
- Your account has an outstanding balance that remains unpaid after the cure period described in Section 5.4
We reserve the right to review and delete any Customer Data that violates this Agreement or applicable law.
6.6 Free Services Termination
We may suspend or terminate Free Services at any time and for any reason, including account inactivity, without notice or liability. Free Services are subject to this Agreement in all respects.
6.7 Effect of Termination
Upon termination or expiry of this Agreement:
- Your right to access and use the Service ceases immediately (or at the end of the current Billing Period for termination for convenience)
- You must cease all use of the Service and delete any Prospecco proprietary materials in your possession
- Any unused Credits will be forfeited, except where termination is by you for cause under Section 6.4, in which case Prospecco will refund the pro-rated value of unused prepaid Credits
- Data retrieval and deletion will be handled in accordance with our DPA. You will have 30 days following termination to export your Customer Data, after which Prospecco may delete it
7. Customer Data
7.1 Ownership
You retain all right, title, and interest in and to your Customer Data. You grant Prospecco a limited, non-exclusive, worldwide licence to use, copy, store, transmit, and process your Customer Data solely for the purpose of providing the Service and as otherwise permitted under this Agreement.
7.2 Legality of Contact Data
You are solely responsible for ensuring that your collection, upload, and use of Contact Information through the Service complies with all applicable data protection and privacy laws, including the UK GDPR, the EU GDPR, the California Consumer Privacy Act (CCPA), and any other applicable regulations. This includes, without limitation:
- Establishing and maintaining a valid legal basis for processing Personal Data (such as legitimate interest, consent, or contractual necessity)
- Providing all required notices to data subjects regarding the processing of their Personal Data
- Responding to and fulfilling data subject access requests (DSARs), deletion requests, and other rights exercised by data subjects
- Conducting data protection impact assessments where required by applicable law
7.3 Prospecco's Use of Contact Data
Prospecco will not independently contact individuals whose Contact Information is processed through the Service, nor will Prospecco use Contact Information for any purpose other than to provide the Service to you. This does not restrict Prospecco from processing Contact Information it obtains independently of the Service.
7.4 Data Processing Agreement
The processing of Personal Data by Prospecco on your behalf is governed by our Data Processing Agreement, which is incorporated into this Agreement by reference. In the event of a conflict between this Agreement and the DPA regarding the processing of Personal Data, the DPA shall prevail.
7.5 Data Retention and Deletion
Customer Data will be retained and deleted in accordance with our DPA. You may request retrieval or deletion of your Customer Data by contacting us at support@prospecco.com.
8. Intellectual Property
8.1 Prospecco's Rights
The Service, including all software, algorithms, user interfaces, designs, text, graphics, logos, and other content, is owned by Prospecco or its licensors and is protected by copyright, trademark, patent, and other intellectual property laws. This Agreement does not grant you any licence to the underlying software of the Service, and you have no right to access the Service in source code form.
8.2 Restrictions
You may not copy, rent, lease, sell, distribute, sublicense, or otherwise make the Service available to any third party except as expressly permitted under this Agreement.
8.3 Feedback
If you provide Prospecco with suggestions, enhancement requests, recommendations, or other feedback regarding the Service ("Feedback"), you hereby assign to Prospecco all right, title, and interest in and to such Feedback. Prospecco may use Feedback for any purpose without obligation or compensation to you.
8.4 Your Rights
You retain all right, title, and interest in your Customer Data and Customer Materials. Enriched data results are provided to you for your internal business use in accordance with this Agreement.
9. Confidentiality
9.1 Protection Obligations
Each party agrees to protect the other party's Confidential Information using the same degree of care that it uses to protect its own confidential information, but no less than a reasonable degree of care. Neither party shall use the other party's Confidential Information for any purpose outside the scope of this Agreement.
9.2 Non-Disclosure
Neither party shall disclose the other party's Confidential Information to any third party, except to:
- Employees, contractors, and service providers who have a need to know and who are bound by confidentiality obligations at least as protective as those contained herein
- Professional advisers (such as lawyers and accountants) under a duty of confidentiality
9.3 Compelled Disclosure
If either party is compelled by law, regulation, or court order to disclose the other party's Confidential Information, the disclosing party shall (to the extent legally permitted): (a) provide prompt written notice to the other party, (b) cooperate with the other party's efforts to seek a protective order, and (c) disclose only the minimum amount of Confidential Information necessary to comply with the legal requirement.
10. Publicity
Unless you notify us in writing to the contrary, you grant Prospecco the right to use your company name and logo on our website, in marketing materials, and in client lists to identify you as a customer of Prospecco. Such use shall be in accordance with any reasonable brand guidelines you provide to us.
11. Indemnification
11.1 Customer Indemnification
You agree to indemnify, defend, and hold harmless Prospecco and its officers, directors, employees, agents, and Affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:
- Your use of the Service in violation of this Agreement
- Your breach of any representation or warranty made in this Agreement
- Your violation of any applicable law, regulation, or third-party right (including data protection laws and intellectual property rights)
- Any claim by a third party arising from Customer Data or your use of enriched data obtained through the Service
11.2 Indemnification Procedure
The indemnified party shall: (a) provide written notice of the claim within 30 days of becoming aware of it (failure to provide timely notice shall not relieve the indemnifying party except to the extent it is materially prejudiced), (b) grant the indemnifying party sole control of the defence and settlement of the claim, and (c) provide reasonable cooperation at the indemnifying party's expense. The indemnifying party shall not settle any claim in a manner that imposes obligations on the indemnified party or admits fault on behalf of the indemnified party without the indemnified party's prior written consent.
12. Disclaimers and Limitation of Liability
12.1 Performance Warranty
Prospecco warrants that the Service will be provided in a professional and workmanlike manner consistent with generally accepted industry standards. Prospecco further warrants that the Service will not knowingly introduce malware, viruses, or other harmful code into your systems. These warranties do not apply to Free Services.
12.2 Remedy Period
If the Service fails to conform to the warranty in Section 12.1, you must notify Prospecco in writing within 60 days of the non-conformance. Prospecco will use commercially reasonable efforts to cure the non-conformance. If Prospecco is unable to cure the non-conformance within 60 days of your notice, you may terminate this Agreement and receive a pro-rated refund of any prepaid Subscription Fees covering the remainder of the Current Term.
12.3 Disclaimer of Warranties
EXCEPT FOR THE EXPRESS WARRANTIES IN SECTION 12.1, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROSPECCO DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PROSPECCO DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS. PROSPECCO MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY DATA OR ENRICHMENT RESULTS PROVIDED THROUGH THE SERVICE. YOU ACKNOWLEDGE THAT ENRICHMENT RESULTS ARE DERIVED FROM THIRD-PARTY DATA SOURCES AND MAY CONTAIN INACCURACIES.
12.4 No Indirect Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.5 Limitation of Liability
SUBJECT TO SECTION 12.6, THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO PROSPECCO IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR FREE SERVICES, PROSPECCO'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED POUNDS STERLING (£100).
12.6 Exceptions
Nothing in this Agreement shall limit or exclude either party's liability for: (a) death or personal injury caused by negligence, (b) fraud or fraudulent misrepresentation, (c) any liability that cannot be limited or excluded by applicable law, or (d) your obligation to pay fees due under this Agreement.
12.7 Third-Party Products
Prospecco is not responsible for any Third-Party Products, and your use of Third-Party Products is at your own risk and subject to the applicable third party's terms and conditions. Prospecco makes no warranties regarding the availability, accuracy, or reliability of Third-Party Products.
12.8 Acknowledgement
You acknowledge that the fees charged by Prospecco reflect the allocation of risk set forth in this Agreement, that Prospecco would not enter into this Agreement without the limitations of liability set forth herein, and that such limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy.
13. Miscellaneous
13.1 Amendments
We may amend these Terms from time to time by posting the updated version on our website. We will provide at least 30 days' advance notice of material changes by email or in-app notification. If you do not agree with the amended Terms, you may terminate this Agreement before the changes take effect and receive a pro-rated refund of any prepaid fees covering the period after the effective date of the amendment. Your continued use of the Service after the amendment takes effect constitutes acceptance of the modified Terms.
13.2 No Waiver
No failure or delay by either party in exercising any right or remedy under this Agreement shall constitute a waiver of that right or remedy. A waiver of any right or remedy must be in writing and signed by the waiving party.
13.3 Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under this Agreement (other than payment obligations) to the extent caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, power outages, internet or telecommunications failures, or actions by third-party service providers.
13.4 Limitation Period
No action arising out of or related to this Agreement may be brought by either party more than one year after the cause of action accrues, except for claims relating to unpaid fees.
13.5 Relationship of the Parties
The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, franchise, or employment relationship between the parties.
13.6 Compliance with Laws
Each party shall comply with all applicable laws, regulations, and governmental orders in the performance of its obligations under this Agreement.
13.7 Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.
13.8 Notices
Notices to Prospecco must be sent by email to support@prospecco.com or by post to our registered office address. Notices to you will be sent to the email address associated with your account. Notices are deemed received upon delivery (for email) or five business days after posting (for postal mail).
13.9 Entire Agreement
This Agreement, together with any Orders, the DPA, the Privacy Policy, the Acceptable Use Policy, and the Cookie Policy, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, and understandings, whether written or oral.
13.10 Assignment
You may not assign or transfer this Agreement, or any rights or obligations hereunder, without the prior written consent of Prospecco. Prospecco may assign this Agreement in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of its assets. Any purported assignment in violation of this section is void.
13.11 No Third-Party Beneficiaries
This Agreement is for the sole benefit of the parties and their permitted successors and assigns. Nothing in this Agreement confers any rights on any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
13.12 Contract for Services
This Agreement is a contract for the provision of services, not a sale of goods. The provisions of the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982 (to the extent they can be excluded) do not apply.
13.13 Authority
Each party represents and warrants that it has full power and authority to enter into this Agreement and to perform its obligations hereunder.
13.14 Survival
The following sections shall survive any termination or expiry of this Agreement: Section 1 (Definitions), Section 5 (Fees and Payment, to the extent of any accrued obligations), Section 7 (Customer Data), Section 8 (Intellectual Property), Section 9 (Confidentiality), Section 11 (Indemnification), Section 12 (Disclaimers and Limitation of Liability), and Section 13 (Miscellaneous).
13.15 Governing Law
This Agreement is governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.
13.16 Dispute Resolution
Any dispute arising out of or in connection with this Agreement shall first be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within 30 days, either party may submit the dispute to the exclusive jurisdiction of the courts of England and Wales. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or Confidential Information.
13.17 Precedence
In the event of any conflict between this Agreement and an Order, the terms of this Agreement shall control unless the Order expressly states that it is intended to override a specific provision of this Agreement.
14. Contact
If you have any questions about these Terms or the Service, please contact us at:
- Email: support@prospecco.com
- Website: prospecco.com