Terms of Service

1. Eligibility

Our website and services are intended for business users who are at least 18 years old and authorized to act on behalf of their business, employer, client, agency, advertiser, or organization.

By using our website or services, you represent and warrant that:

• —You are at least 18 years old.
• —You have authority to bind the business or organization you represent.
• —Your use of our website and services is lawful.
• —All information you provide is accurate, current, and complete.
• —You will comply with these Terms, all applicable laws, and all applicable third-party platform rules.

2. Changes to These Terms

We may revise these Terms at any time.

Changes are effective when posted unless otherwise stated. Your continued use of our website or services after revised Terms are posted means you accept the revised Terms.

You are responsible for reviewing these Terms periodically.

3. Website Use

We may modify, suspend, restrict, or discontinue all or part of the website at any time without notice.

We do not guarantee that the website will always be available, uninterrupted, secure, accurate, or error-free.

You are responsible for making all arrangements necessary to access the website and for ensuring that anyone who accesses the website through your internet connection complies with these Terms.

4. Services Overview

Prospect Pulse Data provides buying-intent audience data, audience strategy, audience-building, audience delivery, audience refresh, campaign-support, and related business services.

Our services may include:

• —Building audience segments.
• —Filtering audiences based on campaign criteria.
• —Preparing hashed audience files.
• —Syncing or delivering audiences to advertising platforms where available.
• —Preparing CSV exports.
• —Preparing contact or prospect lists where applicable.
• —Supporting 30-day audience tests.
• —Refreshing or refining audiences.
• —Supporting partner or referral relationships.
• —Providing campaign-related analysis, consultation, or recommendations.

Unless expressly agreed in writing, we do not provide:

• —Full-service media buying.
• —Creative production.
• —Campaign management.
• —Landing page development.
• —Sales development.
• —CRM management.
• —Legal compliance services.
• —Privacy compliance services.
• —Financial, investment, tax, or legal advice.
• —Guaranteed leads, conversions, revenue, ROAS, CPA, CPL, retention, match rates, or campaign results.

5. No Software Access

Prospect Pulse Data sells audience services, audience outputs, and related support. We do not sell access to our internal tools, vendors, databases, workflows, models, platform subscriptions, systems, or proprietary methods.

You receive only the deliverables expressly agreed in writing.

You do not receive any ownership interest, license, access right, reverse-engineering right, audit right, or usage right in our internal systems, tools, vendor relationships, data sources, models, processes, scoring methods, or audience-building methodology.

6. Test Audience Terms

We may offer a no-cost test audience to qualified campaigns at our discretion.

A test audience is not guaranteed and may be refused, limited, modified, or withdrawn for any reason.

Unless expressly stated in writing:

• —A test audience is limited to one campaign, offer, buyer profile, platform, or use case.
• —The test period is 30 days.
• —No card or payment is required to start the test.
• —No paid contract is required until continuation after the test.
• —We determine whether a request is qualified.
• —We determine the scope, delivery method, timing, and format of the test audience.
• —We may require campaign details, platform access, data access, conversion data, or other information to complete the test.
• —The client or advertiser is responsible for running the campaign.
• —The client or advertiser is responsible for all ad spend.
• —The client or advertiser is responsible for measuring performance.
• —The test may not produce positive results.

We do not guarantee that a test audience will improve performance, reduce CPA, reduce CPL, increase ROAS, improve lead quality, increase conversion volume, or produce any specific result.

7. Paid Services

Paid services may be governed by an order form, invoice, statement of work, service agreement, data processing addendum, partner agreement, or other written agreement.

If a separate written agreement conflicts with these Terms, the separate written agreement controls only for the specific conflict and only for the services covered by that agreement.

Unless otherwise agreed in writing:

• —Fees are due according to the invoice or order terms.
• —Fees are non-refundable.
• —Client is responsible for all taxes, platform fees, media spend, data fees, and third-party costs.
• —Audience data is licensed, not sold.
• —Cancellation requires written notice.
• —We may suspend services for non-payment, misuse, compliance concerns, legal concerns, or breach of these Terms.
• —We may reject or terminate any campaign, use case, client, or request at our discretion.

8. Client Responsibilities

You are solely responsible for:

• —The accuracy of information you provide.
• —Your campaign strategy.
• —Your offers, products, services, claims, landing pages, funnels, creative, and advertising.
• —Your ad accounts, platform access, and platform compliance.
• —Your use of any audience data or deliverables.
• —Your compliance with applicable laws.
• —Your compliance with privacy, advertising, consumer protection, anti-spam, telemarketing, and data protection laws.
• —Your compliance with all Meta, Google, LinkedIn, TikTok, CRM, DSP, email, SMS, data provider, and other platform policies.
• —Obtaining all required rights, notices, permissions, consents, opt-ins, authorizations, and lawful bases for data you provide to us.
• —Ensuring that any customer, prospect, CRM, conversion, or audience data you provide can lawfully be provided to us and used for the intended purpose.
• —Maintaining your own privacy policy, cookie notice, consent mechanisms, opt-out mechanisms, and data-subject rights processes where required.
• —Evaluating whether our services are appropriate for your use case.
• —Maintaining backup copies of information you provide.
• —Reviewing deliverables before use.

You may not rely on Prospect Pulse Data as your legal, compliance, privacy, financial, advertising, platform-policy, or regulatory advisor.

9. Prohibited Uses

You may use the website and services only for lawful business purposes and in accordance with these Terms.

You agree not to use the website, services, data, deliverables, or audiences:

• —In violation of any applicable law, regulation, rule, order, or platform policy.
• —For unlawful discrimination.
• —For stalking, harassment, exploitation, surveillance, or abuse.
• —To target children or minors.
• —To target or infer sensitive categories where prohibited.
• —For eligibility decisions involving credit, lending, insurance, employment, housing, education, or similar regulated decisions.
• —For political persuasion or sensitive political targeting unless expressly approved in writing and legally permitted.
• —For healthcare, medical, genetic, biometric, or precise-geolocation targeting unless expressly approved in writing and legally permitted.
• —For spam, unlawful email, unlawful SMS, unlawful telemarketing, robocalling, or unsolicited communications.
• —For fraud, deception, malware, phishing, scraping, identity theft, or unlawful data collection.
• —To upload or provide data you do not have the right to use.
• —To reverse engineer, resell, redistribute, disclose, sublicense, publish, or exploit audience data except as expressly permitted in writing.
• —To violate any third-party rights.
• —To interfere with, disrupt, damage, or compromise the website, services, systems, vendors, data sources, or platforms.
• —To attempt unauthorized access to our systems, data, tools, vendors, platform accounts, or infrastructure.

We may refuse, suspend, or terminate service where we believe a use case is unlawful, risky, restricted, harmful, deceptive, sensitive, non-compliant, or inconsistent with our business standards.

10. Data License and Ownership

Unless otherwise agreed in writing, audience data, audience outputs, reports, lists, files, segments, models, analyses, and related deliverables are licensed to you for the limited purpose described in the applicable order, test, or agreement.

You do not own the underlying data, models, identity graph, data sources, scoring methods, filters, audience-building logic, vendor relationships, or proprietary methods used to create the deliverables.

You may not:

• —Resell audience data.
• —Redistribute audience data.
• —Publish audience data.
• —Transfer audience data to unauthorized third parties.
• —Use audience data outside the approved use case.
• —Use audience data after expiration, cancellation, or termination.
• —Use audience data to create competing products or services.
• —Attempt to identify, re-identify, reverse engineer, scrape, copy, extract, or reconstruct our data sources, methods, models, or systems.

Any rights not expressly granted are reserved by Prospect Pulse Data and its licensors, vendors, providers, and partners.

11. Performance and Results Disclaimer

All campaign results, case studies, examples, charts, metrics, testimonials, statements, or projections are provided for informational and illustrative purposes only.

We do not guarantee:

• —Lower CPA.
• —Lower CPL.
• —Higher ROAS.
• —More conversions.
• —More leads.
• —Better lead quality.
• —Higher revenue.
• —Higher retention.
• —Increased profit.
• —Platform approval.
• —Match rates.
• —Delivery rates.
• —Audience size.
• —Data accuracy.
• —Data completeness.
• —Data freshness.
• —Continued availability of data.
• —Campaign success.

Campaign performance depends on many factors outside our control, including offer quality, creative, landing pages, funnel, budget, bidding, competition, seasonality, market conditions, platform algorithms, account history, attribution, tracking, conversion events, sales process, and execution.

You are solely responsible for deciding whether to run, continue, modify, or stop any campaign.

12. Data Accuracy Disclaimer

Audience data and intent signals may be based on observed, inferred, licensed, matched, modeled, aggregated, or third-party data.

We do not represent or warrant that any data point, signal, match, inference, category, audience, list, attribute, or identifier is accurate, complete, current, uninterrupted, error-free, or suitable for your specific purpose.

No data product is 100 percent accurate.

You are responsible for reviewing deliverables and determining whether they are appropriate for your use.

13. Platform and Third-Party Services

Our services may rely on third-party platforms, vendors, data providers, advertising platforms, identity-resolution tools, hosting providers, analytics tools, and other services.

We do not control third parties and are not responsible for:

• —Their availability.
• —Their policies.
• —Their approval decisions.
• —Their data handling.
• —Their pricing.
• —Their changes.
• —Their errors.
• —Their security incidents.
• —Their match rates.
• —Their delivery limitations.
• —Their account restrictions.
• —Their platform decisions.
• —Their performance.

Your use of third-party platforms is subject to their own terms, policies, and privacy requirements.

14. Intellectual Property

The website, services, copy, design, graphics, logos, product names, service names, frameworks, reports, methods, processes, models, materials, and related content are owned by Prospect Pulse Data, its licensors, or its service providers and are protected by intellectual property laws.

“Prospect Pulse Data,” “The Compounding Audience™,” and related names, marks, logos, designs, slogans, and product names are trademarks or proprietary marks of Prospect Pulse Data or its licensors.

You may not use our trademarks, content, designs, materials, or intellectual property without prior written permission.

15. Feedback

If you provide ideas, suggestions, edits, comments, recommendations, or feedback, you grant Prospect Pulse Data a perpetual, worldwide, royalty-free, irrevocable right to use, modify, publish, commercialize, and exploit that feedback without restriction or compensation.

16. Confidentiality

In connection with the services, you may receive non-public information about our business, services, vendors, data sources, methods, pricing, partners, technology, strategy, or operations.

You agree to keep such information confidential and not disclose or use it except as necessary to evaluate or use our services as authorized.

We may also receive non-public information from you. Our handling of personal information is addressed in our Privacy Policy. Additional confidentiality terms may apply under a separate written agreement.

17. Partner and Referral Relationships

Agency, referral, channel, or revenue-share arrangements are valid only if approved by Prospect Pulse Data in writing.

Unless expressly agreed in writing:

• —No person is entitled to referral fees, commissions, revenue share, residual payments, equity, ownership, or compensation.
• —We determine attribution, qualification, eligibility, payment timing, and payment amount.
• —Referral or revenue-share payments apply only to approved referred accounts.
• —Payments may be withheld, reduced, clawed back, or terminated in cases of refund, fraud, non-payment, cancellation, breach, dispute, misrepresentation, or compliance concern.
• —No partner may bind Prospect Pulse Data, make guarantees, modify terms, collect payments, or represent themselves as an employee or agent of Prospect Pulse Data without written authorization.

18. Testimonials, Case Studies, and Marketing Claims

You may not publish, use, or repeat any claim, case study, testimonial, logo, client name, performance metric, guarantee, or statement about Prospect Pulse Data unless approved by us in writing.

We may use aggregated, anonymized, or de-identified performance information for marketing, benchmarking, internal analysis, and product improvement, unless prohibited by a written agreement.

19. User Submissions

If you submit information, content, files, materials, comments, campaign data, or other materials to us, you represent and warrant that:

• —You have all rights necessary to provide the materials.
• —The materials are accurate to the best of your knowledge.
• —The materials do not violate any law, contract, policy, or third-party right.
• —Our use of the materials for the requested purpose will not violate any law, contract, policy, or third-party right.

You grant us the right to use submitted materials as necessary to provide, evaluate, improve, market, and administer our services, subject to our Privacy Policy and any written agreement.

20. Links to Third-Party Websites

Our website may contain links to third-party websites, platforms, or resources.

These links are provided for convenience only.

We do not control and are not responsible for third-party websites, content, privacy practices, terms, security, or services.

You access third-party websites at your own risk.

21. Suspension and Termination

We may suspend, restrict, or terminate access to the website or services at any time, with or without notice, if we believe:

• —You violated these Terms.
• —You provided inaccurate or unauthorized information.
• —Your use creates legal, compliance, security, reputational, operational, or business risk.
• —You failed to pay amounts due.
• —You violated platform policies.
• —Your campaign or use case is prohibited, sensitive, risky, or non-compliant.
• —Continued service is no longer commercially or operationally reasonable.

Upon termination, your right to use the website, services, deliverables, and audience data stops immediately unless otherwise agreed in writing.

22. Disclaimer of Warranties

To the fullest extent permitted by law, the website, services, content, deliverables, audience data, reports, files, lists, analyses, and all related materials are provided “as is” and “as available,” without warranties of any kind.

We disclaim all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, security, reliability, uninterrupted operation, data quality, platform approval, campaign performance, and results.

We do not warrant that:

• —The website or services will be uninterrupted, secure, or error-free.
• —Defects will be corrected.
• —The website, servers, files, or emails will be free of viruses or harmful components.
• —Any audience, data, signal, match, or deliverable will be accurate, complete, current, or effective.
• —Any campaign will achieve a particular outcome.
• —Any third-party platform will accept, match, approve, or perform with any audience.
• —The services will meet your needs or expectations.

23. Limitation of Liability

To the fullest extent permitted by law, Prospect Pulse Data and its owners, affiliates, officers, directors, employees, contractors, agents, licensors, vendors, service providers, partners, successors, and assigns will not be liable for any indirect, incidental, consequential, special, exemplary, enhanced, or punitive damages.

This includes damages for:

• —Lost profits.
• —Lost revenue.
• —Lost business.
• —Lost opportunities.
• —Lost savings.
• —Lost goodwill.
• —Lost data.
• —Ad spend.
• —Platform suspension.
• —Campaign underperformance.
• —Failed tests.
• —Data inaccuracies.
• —Compliance failures.
• —Third-party claims.
• —Business interruption.
• —Reputational harm.

To the fullest extent permitted by law, our total liability for any claim arising out of or relating to the website, services, deliverables, data, or these Terms will not exceed the amount you paid to Prospect Pulse Data for the specific service giving rise to the claim during the three months immediately before the event giving rise to liability.

If you paid nothing, our total liability will not exceed one hundred U.S. dollars.

Some jurisdictions do not allow certain limitations, so some limitations may not apply to you.

24. Indemnification

You agree to defend, indemnify, and hold harmless Prospect Pulse Data and its owners, affiliates, officers, directors, employees, contractors, agents, licensors, vendors, service providers, partners, successors, and assigns from and against any claims, demands, actions, damages, liabilities, judgments, losses, costs, expenses, and fees, including reasonable attorneys’ fees, arising out of or relating to:

• —Your use of the website or services.
• —Your campaigns.
• —Your offers, products, services, ads, landing pages, funnels, claims, or communications.
• —Your use of audience data or deliverables.
• —Data, information, or materials you provide to us.
• —Your violation of these Terms.
• —Your violation of applicable law.
• —Your violation of third-party rights.
• —Your violation of platform terms or policies.
• —Your lack of required consent, notice, permission, authorization, or lawful basis.
• —Any allegation that data you provided or used was collected, shared, processed, uploaded, matched, advertised, or used unlawfully.
• —Any claim by your client, advertiser, agency, customer, prospect, vendor, platform, regulator, or other third party.

25. Dispute Resolution

Before filing any claim, you agree to make a reasonable good-faith effort to resolve the dispute informally.

If the dispute cannot be resolved informally, the parties may proceed according to applicable law and any separate written agreement that governs the specific services at issue.

26. Waiver and Severability

No waiver of any term is a further or continuing waiver of that term or any other term.

If any provision of these Terms is found invalid, illegal, or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

27. Assignment

You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent.

We may assign or transfer these Terms in connection with a merger, acquisition, restructuring, financing, sale of assets, change of control, or operation of law.

28. Entire Agreement

These Terms, together with our Privacy Policy and any written agreement that expressly applies, constitute the entire agreement between you and Prospect Pulse Data regarding the website and services and supersede all prior or contemporaneous understandings, representations, agreements, or communications regarding the same subject matter.