Prospect HQ Terms of Use

The following Terms of Service (“TOS” or “Agreement”) govern your Prospect HQ account and your use of the Prospect HQ website, products, and materials (collectively, the “Site”). Together with our Terms of Use and the Prospect HQ Privacy Policy, these Terms apply to all access and use of the Site and our services.

1. Service; “AS IS”

Your use of Prospect HQ services (the “Service”) is subject to this TOS. The Service is provided “AS IS.” Prospect HQ is not responsible for delays, deletions, delivery failures, or the failure to store communications or personalization settings.

You are responsible for obtaining access to the Service and for all related third-party fees, including internet and carrier charges, and for providing all equipment needed to access the Service.

2. Changes to Terms

We may modify these Terms at any time. Modifications are effective upon posting. Your continued use of the Site or Service after posting constitutes acceptance of the updated Terms.

3. Changes to the Site or Service

We may change or discontinue any aspect, feature, or content of the Site or Service at any time.

4. Registration and Accounts

You may be asked to register to create a user account (“Your Account”). Registration information will be used per our Privacy Policy. You agree that all information you provide is current, complete, and accurate, and you will keep it updated. If any information is untrue, inaccurate, or incomplete, Prospect HQ may suspend or terminate access.

You are responsible for maintaining the security of Your Account and credentials and for all activities under Your Account. Notify Prospect HQ immediately of any unauthorized use. Only the authorized licensee may use a password-protected account. If you disclose your credentials or allow unauthorized access, you are responsible for all resulting activity and charges.

5. User Content; Interactive Areas

The Site may include forums, comments, and other interactive areas (“Interactive Areas”) where you may post user-generated content (“User Content”). You are solely responsible for your User Content and use the Interactive Areas at your own risk.

By submitting User Content, you represent you are at least 13 years old, and if under 18, you have parental or guardian consent. You agree not to post or transmit unlawful, infringing, harmful, misleading, harassing, or obscene content, or content that violates privacy rights, intellectual property rights, or contains viruses.

By submitting User Content, you grant Prospect HQ a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in any media now known or later developed.

We may monitor, edit, or remove User Content at our discretion, though we are not obligated to do so.

6. User Conduct

You agree not to interfere with or disrupt the Site or its networks, not to reproduce or exploit the Site for commercial purposes without permission, not to engage in unlawful activity, not to impersonate others, and not to violate others’ privacy or harvest personal information.

7. Intellectual Property

All content on the Site, including text, graphics, logos, images, audio, video, software, and code, and the arrangement thereof, is owned by or licensed to Prospect HQ and protected by applicable laws. Except as permitted by law or with our written permission, you may not copy, reproduce, distribute, publicly perform, display, or create derivative works from the Site or its content.

8. Web Forums and Submissions

User submissions do not reflect the views of Prospect HQ. We are not responsible for errors, defamation, obscenity, or unlawful content in user submissions. Unsolicited submissions will be treated as non-confidential and non-proprietary. By submitting, you assign to us all rights needed for any lawful use.

9. Geographic Use and Compliance; Export

We do not represent that the Site is appropriate in every jurisdiction. You are responsible for compliance with local laws and applicable export controls. We may limit Site availability by person, region, or jurisdiction at our discretion.

10. Marketing Communications and State-Specific SMS Laws

10.1 Customer is the Sender of Record

When using Prospect HQ messaging features, including email, SMS, MMS, and voice services, you (the “Customer”) control all content, targeting, timing, and recipients. Customer is the “sender of record” for all purposes and is solely responsible for compliance with all laws and industry rules, including:

- The Telephone Consumer Protection Act (TCPA)

- Carrier and CTIA guidelines

- State statutes regulating SMS/MMS solicitations

10.2 Consent, Opt-Out, and Do-Not-Contact

Customer must obtain and maintain legally valid, documented consent for each recipient before sending marketing communications. Every message must include a clear opt-out mechanism. Opt-out requests must be honored promptly. Customer is responsible for managing all do-not-call and suppression lists.

10.3 Texas SB 140 Notice

Effective September 1, 2025, Texas SB 140 expands “telephone solicitation” to include SMS and MMS marketing. If you send messages from Texas or to Texas residents, you may be required to:

- Register with the Texas Secretary of State

- Post a $10,000 surety bond or security deposit

- Pay annual fees

- Follow quiet-hour restrictions

- Maintain compliance with Texas do-not-call rules

You are responsible for determining recipient location. Area codes alone may be insufficient. Customer must implement data, tags, or workflows to suppress Texas recipients when required.

10.4 Other State Laws

Other states may enact similar laws. Customer is responsible for identifying and complying with all state-specific SMS/MMS requirements.

10.5 Our Right to Restrict Messaging

We may block, throttle, or disable SMS or MMS delivery to certain states, including Texas, at any time in order to reduce legal or carrier risk. We may also require suppression rules or workflows as a condition of continued access to messaging features.

10.6 Records and Audit

Customer must maintain auditable records of consent, opt-outs, message content, campaign settings, and targeting criteria for at least four years or longer if required by law. Customer must provide proof of compliance upon our request.

10.7 No Legal Advice

We provide technology and compliance tools only. We do not provide legal advice. Customer should consult legal counsel to determine how applicable federal and state laws apply to their communications.

11. Prohibited Use

You may not use the Services to send communications that violate law, target recipients without consent, ignore opt-out requests, misrepresent identity, or circumvent suppression or geographic restrictions.

12. Indemnification

You will defend, indemnify, and hold harmless Prospect HQ, its affiliates, and their officers, directors, and employees from any claims, damages, fines, penalties, costs, and expenses arising out of or related to your communications or use of the Site or Services, including alleged violations of the TCPA, CTIA guidelines, Texas SB 140, or other applicable laws.

13. Disclaimers; Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US FOR THE SERVICES IN THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

14. Refunds; Offers

All digital products are non-refundable. Offers cannot be combined unless expressly stated.

15. Miscellaneous

If any provision is unlawful, void, or unenforceable, it will be severed and will not affect the enforceability of the remaining provisions. Headings are for convenience only. Our failure to enforce any provision is not a waiver. This Agreement, together with referenced policies, constitutes the entire agreement between you and Prospect HQ regarding the Site and Services and supersedes prior agreements, except any separate written, fully executed contracts between you and us. You may not assign this Agreement without our prior written consent.

16. Updates to this Policy

Please review this Policy periodically for updates. We may modify it at any time at our discretion. The effective date will be posted at the top of this page. Upon request, we will provide information regarding material changes.

17. Acceptance

By purchasing any item, product, or event, or by using the Site or Services, you acknowledge and agree to be bound by this Policy, the Refund Policy, and the Privacy Policy. If you do not agree, do not use the Site or enter into any transaction with us.

18. Contact Information

For complaints or concerns, contact us:

Email: [email protected]

Mail:

Prospect HQ

Attn: Privacy Policy/Legal

5225 State Road E, Auxvasse, MO 65231