Terms and Conditions and Privacy Policy for Prospecta360

These Terms and Conditions ("Terms") govern your use of the Prospecta360 platform and its associated services ("Service"), which is a service provided by [Your Company Name] ("we," "us," or "our"). By subscribing to and using our Service, you agree to be bound by these Terms, which constitute a legally binding agreement between you and us. These Terms are in compliance with the laws of the Republic of the Philippines.

1. Acceptance of Terms

By creating an account, checking the "I Agree" box during checkout, or by accessing or using our Service, you represent and warrant that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not use our Service.

2. The Service

Prospecta360 is a platform that provides marketing and customer relationship management tools as a subscription service. We reserve the right to modify, suspend, or discontinue the Service, or any part thereof, with or without notice at any time.

3. Subscription and Payment

a. Subscription Plans and Fees: We offer various subscription plans for the Service. The fees for each plan are as stated at the time of purchase and are quoted in United States Dollars (USD) and/or Philippine Pesos (PHP). Applicable taxes will be added to the fees.

b. Billing and Renewal: Your subscription will automatically renew at the end of each subscription period. We will send you an invoice for the upcoming billing cycle's subscription fee prior to the renewal date. Payment of this invoice is required to continue your access to the Service for the next subscription period.

c. Cancellation: You may cancel your subscription at any time by providing us with a written notice of cancellation. To prevent renewal and the issuance of a new invoice, you must cancel your subscription at least [Number, e.g., 15] days before your current subscription period ends.

d. Delayed Payments and Service Interruption: We will provide timely notifications and follow-ups for any overdue payments. If an invoice remains unpaid after these notifications, we reserve the right to suspend, cancel, or terminate your access to the Service without further notice.

e. No Refunds: Unless otherwise required by Philippine law, all payments are non-refundable. We do not provide refunds or credits for any partial subscription periods, unused Services, or cancellations.

4. User Accounts and Responsibilities

a. Account Creation: To access and use the Service, you must create an account. You agree to provide accurate, current, and complete information and to keep this information updated. You are responsible for safeguarding your account password and for any activities or actions under your account.

b. Booking and Scheduling: You agree to observe proper lead times when booking support calls and onboarding schedules with the Prospecta360 team. Required lead times will be communicated to you through our official channels.

5. Confidentiality and Acceptable Use

a. Confidentiality: You acknowledge that as part of the Service, you will have access to confidential information, including but not limited to the platform's features, proprietary methods, industry know-how, and trade secrets ("Confidential Information"). You agree not to disclose, share, or demonstrate this Confidential Information to any third party, especially to individuals or entities that may be considered potential competitors of Prospecta360.

b. Acceptable Use: You agree not to misuse the Service or help anyone else to do so. You agree not to:

-Share, sell, or transfer your account access to any other individual or entity.

-Probe, scan, or test the vulnerability of any system or network.

-Breach or otherwise circumvent any security or authentication measures.

-Access, tamper with, or use non-public areas of the Service.

-Send unsolicited communications, promotions, advertisements, or spam.

-Promote or advertise products or services other than your own without appropriate authorization.

-Violate the law in any way, including storing, publishing, or sharing material that is fraudulent, defamatory, or misleading.

6. Intellectual Property

All intellectual property rights in the Service are owned by or licensed to us. You are granted a limited, non-exclusive, revocable license to access and use the Service for your internal business purposes in accordance with these Terms.

7. Privacy Policy

This Privacy Policy is an integral part of our Terms and describes how we collect, use, and protect your personal and business data in compliance with the Data Privacy Act of 2012 (Republic Act No. 10173) of the Philippines.

a. Information We Collect:

-Personal Information: When you sign up, we collect your name, email address, contact number, and billing information.

-Your Customer Data: We store the data you upload or generate on the platform, including but not limited to customer lists, leads, marketing campaigns, and communications ("Customer Data").

-Usage Data: We collect information about how you use our Service, such as your IP address, browser type, and feature usage.

-Cookies: We use cookies and similar technologies to track activity on our Service.

b. How We Use Your Information:

-To provide, maintain, and secure our Service.

-To process your payments and manage your subscription.

-To provide you with customer support.

-To communicate with you about your account and Service updates.

-To improve and personalize our Service.

-To comply with legal obligations.

c. Data Confidentiality and Sharing: Your Customer Data (including generated leads) is and will remain your property. We treat this data with the highest level of confidentiality.

No other party aside from authorized personnel of Prospecta360 will be able to see your Customer Data. We will not view, access, share, or distribute any of your Customer Data to any third party, except as required to provide the Service, for technical support at your request, or as mandated by Philippine law. Our access is strictly limited to the purposes of operating and improving the Service. We will never use your Customer Data for our own marketing purposes or to contact your leads.

We may share your Personal Information (like your name and email) with trusted third-party service providers who assist us in operating our platform (e.g., payment processors), so long as those parties agree to keep this information confidential and secure.

d. Data Security: We implement robust security measures to protect your Personal Information and Customer Data. All data is contained behind secured networks and is only accessible by a limited number of authorized persons who have special access rights and are bound by confidentiality obligations.

e. Your Rights as a Data Subject: Under the Data Privacy Act of 2012, you have the right to:

-Be informed about the collection and processing of your personal data.

-Access your personal data.

-Object to the processing of your personal data.

-Rectify inaccurate or erroneous data.

-Erase or block your personal data.

-Data portability of your own information.

-File a complaint with the National Privacy Commission.

To exercise these rights, please contact us at the details provided below.

8. Disclaimers and Limitation of Liability

The Service is provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of our Service. To the fullest extent permissible by Philippine law, we disclaim all warranties and will not be liable for any damages of any kind arising from the use of our Service.

9. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Any dispute arising out of or in connection with these Terms shall be referred to and finally resolved by the proper courts of San Juan City, Metro Manila.

10. Changes to Terms and Conditions

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Effective Date."

11. Contact Us

If you have any questions about these Terms, please contact us:

[email protected]