Terms of Service
Overview & Acceptance
These Terms of Service ("Terms") govern your access to and use of Prospekteer (prospekteer.com), a commercial insurance prospecting platform ("Service") operated by Prospekteer ("we," "us," or "our").
By creating an account or accessing the Service, you agree to be bound by these Terms. If you are acting on behalf of an agency or organization, you represent that you have authority to bind that organization.
Definitions
"Service" — The Prospekteer web application, APIs, and tools at prospekteer.com.
"User" — Any individual who creates an account, including agency owners and producers.
"User Data" — Prospect lists, pipeline records, notes, and other data you upload or create in the Service.
"AI Output" — Risk summaries, coverage gap reports, pitch narratives, and other content generated using AI models.
"Enrichment Data" — Business intelligence sourced from third-party providers and public records.
Description of the Service
Prospekteer is a commercial insurance prospecting tool for independent agents and small agencies. It helps users discover, research, and engage commercial prospects through data enrichment, risk signal analysis, AI-assisted summaries, and outreach support.
The Service is intended solely for B2B prospecting by licensed insurance professionals. It is not designed for consumer use, personal lines prospecting, or any use requiring consumer data protections beyond those in our Privacy Policy.
We reserve the right to modify, suspend, or discontinue any feature at any time, with reasonable notice where practicable.
AI-Generated Content
Prospekteer uses AI, including large language models, to generate risk narratives, coverage gap summaries, and outreach suggestions ("AI Output"). You acknowledge and agree:
- —Informational only. AI Output supports prospecting research and conversation planning. It does not constitute insurance advice, a coverage recommendation, or a professional opinion.
- —Probabilistic. AI models may produce incomplete, incorrect, or outdated information. AI Output is not authoritative.
- —Agent responsibility. Licensed agents are solely responsible for independently verifying any material information before using it in client communications, proposals, or coverage decisions.
- —No sole reliance. You agree not to rely exclusively on AI Output when making coverage decisions, quoting, or advising clients.
Third-Party Data & Accuracy
The Service aggregates Enrichment Data from third-party providers including public records, government databases, property data, weather services, and business intelligence providers.
We do not warrant the accuracy, completeness, timeliness, or fitness for purpose of any Enrichment Data. Specifically:
- —Property values, flood zone classifications, and parcel data may not reflect current conditions or insured values.
- —Business ownership, employee count, and revenue estimates are derived from public and commercial sources and may be inaccurate.
- —Regulatory data (OSHA, FMCSA, EPA) reflects public records and may not capture a business's full compliance picture.
- —Weather and environmental risk signals are informational and do not substitute for a professional risk assessment.
Users bear sole responsibility for verifying Enrichment Data before using it as the basis for a coverage decision, proposal, or client communication.
Data Ownership & License
Your data is yours. You retain all ownership rights to User Data you upload, import, or create in the Service. We claim no ownership interest in your prospect lists, pipeline data, or client records.
By using the Service, you grant Prospekteer a limited, non-exclusive, royalty-free license to store, process, and use your User Data solely to provide and improve the Service. This license does not permit us to sell your data or use it for advertising.
We may use aggregated, de-identified usage data (not attributable to you or your prospects) to improve features, train internal models, and generate product analytics.
Accounts & Access
You must create an account to use the Service. You agree to provide accurate information and keep it current. You are responsible for all activity under your account and must notify us immediately of any unauthorized use.
We may suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or are inactive for an extended period. Agency+ accounts include multiple seats; credential sharing across individuals is not permitted.
Billing & Subscriptions
Paid plans are billed monthly in advance. By providing payment information, you authorize us to charge your payment method for your plan and applicable overages.
- —Overages. If you exceed plan limits, overages apply at rates displayed in the Service. You will be prompted for consent before overages are incurred in a billing period.
- —Cancellation. Cancel at any time; cancellation takes effect at end of the current billing period. No prorated refunds.
- —Free tier. Subject to a lifetime prospect limit. We reserve the right to modify free plan limits with 30 days' notice.
- —Price changes. At least 30 days' notice before pricing changes. Continued use constitutes acceptance.
Acceptable Use
You agree to use the Service only for lawful commercial insurance prospecting in compliance with applicable laws, including those governing insurance marketing in your jurisdiction. You agree not to:
- —Use the Service to target individuals for personal lines solicitation without appropriate consumer protections.
- —Scrape or extract platform data in ways that violate third-party data provider terms.
- —Attempt to reverse engineer, decompile, or access the Service's underlying code or infrastructure.
- —Send unsolicited communications in violation of CAN-SPAM, TCPA, or applicable state laws.
- —Share account credentials outside your licensed agency.
- —Misrepresent AI Output or Enrichment Data as independently verified facts in client communications.
Intellectual Property
The Service — including its software, design, algorithms, scoring models, and content (excluding User Data) — is owned by Prospekteer and protected by applicable intellectual property laws. Nothing in these Terms transfers any ownership interest in the Service to you.
Feedback or ideas you share with us may be used without restriction or compensation.
Limitation of Liability
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
PROSPEKTEER'S TOTAL LIABILITY FOR ANY CLAIMS SHALL NOT EXCEED THE GREATER OF (A) SUBSCRIPTION FEES YOU PAID IN THE PRECEDING TWELVE MONTHS, OR (B) ONE HUNDRED DOLLARS ($100).
IN NO EVENT SHALL PROSPEKTEER BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION.
Errors & Omissions Disclaimer
Prospekteer is a prospecting and research tool. It is not a licensed insurance advisor, consultant, broker, or agent, and does not provide insurance advice. The Service does not substitute for professional judgment by a licensed producer.
Prospekteer expressly disclaims liability for:
- —Coverage gaps or uncovered losses experienced by your clients, whether or not related to a prospect identified by the Service.
- —Missed renewal opportunities, lapsed policies, or lost accounts arising from reliance on Service data or AI Output.
- —Errors or omissions in proposals or client communications that reference Service data.
- —Any regulatory action, licensing violation, or professional sanction arising from your use of the Service.
You are solely responsible for maintaining your own professional E&O insurance in amounts appropriate for your practice.
Term & Termination
These Terms begin when you create an account and continue until terminated. We may suspend or terminate your account immediately for material breach, fraud, or risk to the Service or other users.
Upon termination, your access ceases immediately. You may request a User Data export within 30 days of termination, after which we may delete it per our retention practices.
Sections on intellectual property, limitation of liability, the E&O disclaimer, and miscellaneous provisions survive termination.
Miscellaneous
Governing law. These Terms are governed by the laws of the State of Ohio. Disputes shall be resolved in state or federal courts in Franklin County, Ohio.
Changes. We will notify you of material changes via email or in-app notice at least 14 days before they take effect. Continued use constitutes acceptance.
Entire agreement. These Terms and our Privacy Policy constitute the entire agreement between you and Prospekteer regarding the Service.
Severability. If any provision is found unenforceable, the remaining provisions continue in full force.
Contact. Legal inquiries: legal@prospekteer.com