Terms of Service

Who you are contracting with

Prospecting Pros is a B2B prospecting solution offered by Marketopia, LLC, 3600 75th Terrace North, Pinellas Park, FL 33781, United States ("Marketopia", "we", "us"). These terms govern your organization's use of Prospecting Pros and of the briefs, feeds and deliveries it produces. Where you have signed an order form or agreement with Marketopia for Prospecting Pros, that document governs the commercial terms of your subscription and prevails over these terms if the two conflict; these terms govern use of the service.

Sold through reseller IT providers

Prospecting Pros is available only through reseller IT providers that Marketopia has approved. Your reseller introduces you, may be named in the service as the provider that introduced you, and receives the inquiry details you submit as described in our Privacy Policy. Marketopia provides Prospecting Pros and is the party you contract with for it. Any IT services your reseller provides to you are governed by your own agreement with that reseller, not by these terms.

For businesses only

Prospecting Pros is offered only to businesses, for finding and contacting other businesses. It is not offered to consumers, and you may not use it to market to consumers. By using it you confirm that you act on behalf of a business.

What the service is

Prospecting Pros watches public business records and licensed business data (for example new permits, new company registrations, hiring, funding and new locations) and delivers to your account the businesses in your chosen markets that show one, with the source evidence and the date we observed it, relevant contacts where available, and suggested openers.

Signals are evidence-based indicators, not verified facts. A business appearing in your feed has not been confirmed to be looking for, evaluating or buying anything, and its inclusion is not an allegation about any company or person.

Verify before acting

Public sources go stale, licensed data can be wrong, and automated inference can be mistaken. Marketopia makes no representation or warranty about the accuracy, completeness or currency of any signal, contact or suggested opener, and the service is not legal, financial, accounting, regulatory or other professional advice. You are responsible for verifying a specific fact before relying on it in outreach, contracting, public statements or any other consequential decision.

Not a consumer reporting agency

Prospecting Pros is not a consumer reporting agency under the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.). Its data may be used only for business-to-business sales and marketing purposes, and may not be used as a factor in determining any individual's eligibility for credit, insurance, employment, housing or any other purpose governed by the FCRA, or for employment background checks or individual hiring decisions. Any such use is a material breach of these terms.

Acceptable use

You may use Prospecting Pros only for lawful business-to-business sales and marketing connected with your own business. You may not: resell, redistribute, sublicense or publish data from the service; use it to build a competing data product or database; use it to harass, defame or harm any company or person; or send outreach based on it in breach of CAN-SPAM, telemarketing or Do-Not-Call rules, or any professional rules that apply to you. You will honor opt-out and suppression requests in any outreach you run.

Licensed data

Some business, contact and intent data is supplied by licensed third-party providers. Your access to it is a limited, non-exclusive, non-transferable, revocable license for your own internal sales and marketing purposes. You may not resell it, combine it into a product for distribution, or attempt to re-identify a provider's sources, and you will stop using provider data that a provider or data subject requires be removed. When your subscription ends you will stop using provider data, except records you have lawfully added to your own CRM in the ordinary course of your outreach, which remain subject to these restrictions. The providers are intended third-party beneficiaries of this section, make no warranty to you, and have no liability to you.

Outreach Marketopia sends for you

Where your subscription includes outreach that Marketopia sends on your behalf, campaign content is approved by you before launch, every commercial email carries a working unsubscribe and accurate sender information, and opt-outs are honored across every channel we operate for you. You are responsible for the accuracy and lawful sourcing of any contact data you supply. Mailbox providers decide independently whether to deliver a message; we do not guarantee inbox placement, replies or meetings.

Your order

The disclosure shown to you at checkout, describing what you are buying, its price, billing cadence, any free trial, and any service-specific conditions, forms part of the agreement between us for that purchase. Where the checkout disclosure and these terms conflict for that purchase, the disclosure governs.

Fees and changes

Subscriptions are billed in advance as set out in your order. We will give at least 30 days' notice of a price change, effective only on a future renewal, and you may cancel before it takes effect. Fees are non-refundable except where the law requires otherwise.

Unless your order says otherwise, a subscription renews each billing period until cancelled, and a cancellation takes effect at the end of the period you have paid for.

Cancellation

Cancellation notice must be given in writing to cancel@marketopia.com. Notice given to any other Marketopia representative, or to your reseller, does not constitute cancellation.

Suspension and termination

We may suspend access, or end the subscription on written notice, if you breach these terms (including the acceptable use and licensed data sections), if an invoice remains unpaid after notice, or if a data provider or the law requires it. You may cancel as described above.

Service provided as is; limitation of liability

The service is provided "as is" and "as available". To the fullest extent the law allows, Marketopia disclaims all implied warranties, including merchantability, fitness for a particular purpose and non-infringement, and does not warrant that the service will be uninterrupted or error-free, or that any lead volume, meeting volume, reply rate or revenue outcome will be achieved.

You will indemnify Marketopia, its affiliates and licensors against claims arising from your use of the service, your outreach, or your breach of these terms. Marketopia's aggregate liability to you will not exceed the fees you paid for Prospecting Pros in the three months before the claim.

Confidentiality and intellectual property

Each party will protect the other's non-public information, including credentials, customer lists and pricing, with at least reasonable care and use it only to perform under these terms. Marketopia retains all rights in the service, its scoring and its methods. You may use the briefs and leads delivered to your account for your own internal business purposes, including your own outreach to the businesses they describe, subject to the licensed data section. You retain ownership of the data you give us.

General

Neither party is liable for delay or failure caused by circumstances beyond its reasonable control. If a provision of these terms is unenforceable, the rest continue in force. You may not assign these terms without our written consent; we may assign them to an affiliate or a successor in a merger or acquisition.

Governing law

These terms are governed by the laws of the State of Florida, without regard to its conflict-of-law rules, with exclusive venue in Pinellas County, Florida. We may revise these terms; if a revision is material, we will ask you to accept it before continued use. Questions about these terms: hello@prospectingpros.com.