Terms of Service

1. Definitions

• “Property Prospect” means Property Prospect LLC and the Property Prospect software platform.
• “User” means the paying customer or account holder using the platform.
• “Contact” means any third-party individual uploaded, stored, or contacted by a User.
• “Communications” means email, SMS, phone calls, voicemail, direct mail, or similar outreach.
• “Applicable Laws” means all laws and regulations governing communications and marketing, including TCPA, CAN-SPAM, federal and state Do Not Call laws, and state and local consumer protection statutes.

2. Role of the Platform

Property Prospect is a neutral software tool that provides CRM and campaign automation features. Property Prospect does not act as a sender, caller, advertiser, broker, marketer, or data originator.

Property Prospect does not choose recipients, draft or approve content, control timing or frequency, or verify or validate consent. All outreach is initiated, configured, and controlled by the User.

3. User Responsibility for Legal Compliance

User represents and warrants that all data uploaded to the platform was lawfully obtained and that all Communications comply with Applicable Laws, including TCPA, CAN-SPAM, federal and state Do Not Call laws, and state and local consumer protection statutes.

User is solely responsible for honoring opt-out, unsubscribe, and STOP requests immediately. Property Prospect has no responsibility or liability for User Communications.

4. Consent Representation

User affirms that they have obtained all legally required consent to contact Contacts, including prior express written consent for SMS where required and a lawful basis for email and phone outreach.

Consent may be logged manually by the User. Property Prospect does not confirm, verify, or validate consent.

5. Prohibited Uses

• Contacting individuals without required consent or lawful basis.
• Deceptive, misleading, or unlawful Communications.
• Spam, robocalls, or automated outreach in violation of Applicable Laws.
• Circumventing opt-out or suppression mechanisms.

6. In-App Compliance Confirmations

Before a campaign launch, the platform requires a confirmation checkbox with the following text:

“I confirm that I have obtained all legally required consent to contact the individuals included in this campaign and assume full responsibility for compliance with applicable laws.”

Property Prospect logs the timestamp, User ID, and IP address for this confirmation. The platform also allows Contact-level consent fields such as consent type (SMS / Email / Call), consent source (web form, verbal, inbound, etc.), date logged, and logged by (User).

7. Indemnification

User agrees to indemnify, defend, and hold harmless Property Prospect and its affiliates from any claims, damages, fines, penalties, and legal fees arising from or related to User Communications, including claims under TCPA, CAN-SPAM, Do Not Call laws, privacy laws, or consumer protection laws.

8. Limitation of Liability

Property Prospect is not liable for User Communications, regulatory fines or penalties, or any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.

To the maximum extent permitted by law, Property Prospect’s total liability for any claims arising from or related to the Service is limited to the greater of $100 or the fees paid by User in the twelve (12) months preceding the claim.

9. Termination for Compliance Violations

Property Prospect may suspend or terminate accounts for legal violations, excessive complaints, or failure to honor opt-out or STOP requests.

10. Audit & Logging Disclaimer

Platform activity may be logged for system integrity, operational support, and compliance tooling. Logs do not imply legal review, consent verification, or endorsement of User conduct.

11. Changes to Terms

We may update these Terms from time to time. Material changes will be posted on this page with an updated “Last updated” date. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

12. Contact Information

If you have questions about these Terms, contact us through the Service or via the contact information available in your account dashboard.