Effective Date: 1st Dec 2024
Welcome to ProspectorBotAI. By accessing or using our platform, you agree to comply with and be bound by these Terms of Service and agreement. Please read them carefully before using our services.
PROSPECTORBOT AI - TERMS OF SERVICE AND MASTER SERVICE AGREEMENT
DEFINITIONS
1.1. "Service" refers to ProspectorBot AI's automated video email marketing platform and associated technologies.
1.2. "Credits" refer to prepaid units that allow for the generation and sending of video emails.
1.3. "Client" refers to the individual or entity purchasing and using the Service.
1.4. "Platform" refers to the entire ProspectorBot AI technology stack and infrastructure.
1.5. "SMTP Server" refers to the dedicated email sending infrastructure assigned to Client.
SERVICE TERMS
2.1. Payment and Billing a) All payments, including setup fees and credits, must be paid in advance. b) Setup fees are one-time, non-refundable charges for new account configuration. c) Credits must be purchased in advance of usage. d) All fees are non-refundable unless explicitly stated otherwise.
2.2. Credit Usage a) Credits expire 12 months from the date of purchase. b) Credits are non-transferable and have no cash value. c) Unused credits cannot be converted to cash or refunded. d) Credits can only be used by the account holder and cannot be shared.
2.3. Service Delivery a) ProspectorBot AI will provision dedicated SMTP servers for optimal delivery. b) Servers require consistent activity to maintain deliverability. c) Servers inactive for 10 consecutive days may be decommissioned. d) Reactivation of decommissioned servers may incur additional setup fees.
INTELLECTUAL PROPERTY
3.1. Ownership a) ProspectorBot AI retains all rights to the platform, technology, and algorithms. b) Client retains ownership of their provided content and materials. c) Generated videos are licensed for Client's use within the platform.
3.2. Usage Rights a) Client receives a non-exclusive license to use generated content. b) Platform improvements remain property of ProspectorBot AI. c) Client data remains property of Client.
COMPLIANCE AND RESTRICTIONS
4.1. Usage Restrictions a) Client shall not attempt to reverse engineer the platform. b) Account sharing is strictly prohibited. c) Reselling of services is prohibited without written agreement. d) Client shall not exceed prescribed daily/monthly send limits.
4.2. Compliance Requirements a) Client must comply with all applicable privacy laws including GDPR and CCPA. b) Client must adhere to CAN-SPAM Act requirements. c) Client is responsible for maintaining opt-out lists. d) Client must have proper authorization for all contact data.
SECURITY AND DATA
5.1. Account Security a) Client must maintain secure passwords and access credentials. b) Two-factor authentication is required when available. c) Client must notify ProspectorBot AI immediately of security breaches. d) Client is responsible for all activity under their account.
5.2. Data Processing a) ProspectorBot AI acts as a data processor for Client data. b) Client remains the data controller for all contact information. c) Data processing adheres to applicable privacy laws. d) Client must provide compliant privacy notices to contacts.
SERVICE LEVEL AND SUPPORT
6.1. Availability a) Platform targets 99.9% uptime excluding maintenance. b) Scheduled maintenance will be announced 48 hours in advance. c) Emergency maintenance may occur without notice. d) Force majeure events may impact service availability.
6.2. Support a) Standard support is provided during business hours. b) Response time target is 24 hours for standard issues. c) Critical issues receive priority response. d) Additional support packages available for purchase.
TERMINATION AND SUSPENSION
7.1. Termination Rights a) ProspectorBot AI may terminate service for:
*Non-payment
*Policy violations
*Extended inactivity
*Abuse of platform b) Client may terminate service with 30 days written notice.
7.2. Effect of Termination a) Unused credits are forfeited upon termination. b) Client data will be deleted after 30 days. c) Client must cease use of all platform features. d) Confidentiality obligations survive termination.
LIABILITY AND INDEMNIFICATION
8.1. Limitation of Liability a) ProspectorBot AI's liability is limited to unused credit value. b) No liability for indirect or consequential damages. c) No warranty for specific results or performance. d) Service provided "as is" without guarantees.
8.2. Indemnification a) Client indemnifies ProspectorBot AI against:
*Content violations
*Privacy law violations
*Unauthorized data usage
*Third-party claims
DISPUTE RESOLUTION
9.1. Process a) Disputes require written notice and 30-day resolution period. b) Unresolved disputes proceed to binding arbitration. c) Arbitration location: [Jurisdiction]. d) Governing law: [State/Country] law applies.
MODIFICATIONS
10.1. Terms Modifications a) ProspectorBot AI may modify terms with 30 days notice. b) Continued use constitutes acceptance of modifications. c) Material changes require affirmative consent. d) Client may terminate if unwilling to accept changes.
CONFIDENTIALITY
11.1. Obligations a) Both parties must protect confidential information. b) Confidentiality survives termination. c) Information security measures required. d) Breach notification within 24 hours.
ACCEPTANCE
By using the Service, Client accepts these terms in their entirety. No modification is valid unless in writing and signed by both parties.