Terms of Service

Last updated: May 13, 2026

These Terms of Service (“Terms”) govern access to and use of the Prospex platform (the “Service”), available at tryprospex.com and app.tryprospex.com, operated by Prospex (“Prospex”, “we”, “us”). By creating an account or using the Service, you (“User”, “you”) acknowledge that you have read, understood, and agreed to these Terms.

1. Acceptance of terms

By accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not use the Service.

2. Description of the Service

Prospex is an autonomous AI outbound sales platform. The Service lets you manage contacts, send cold email campaigns through your own mailbox via SMTP/IMAP, automate inbox replies, and schedule meetings via Calendly. The Service operates through third-party APIs and integrations (cloud hosting, AI model providers, scheduling, email delivery). By using the Service you acknowledge and accept this operating model.

3. Account registration and responsibility

• You must be at least 18 years old and have legal capacity to enter into contracts.
• Information provided at registration must be true and kept up to date.
• You are responsible for safeguarding your credentials and for all activity that occurs under your account.
• You must notify us immediately of any unauthorized access or security breach.

4. Mailbox connections

When you connect a mailbox, you authorize Prospex to send and read messages on your behalf using the SMTP/IMAP credentials (typically an app password) you provide. Those credentials are encrypted at rest, used only to deliver and detect replies for the campaigns you configure inside the Service, and never shared with third parties. The use of this data is governed by our Privacy Policy. You may revoke the app password at any time from your mail provider; for Gmail and Workspace accounts, that is myaccount.google.com/apppasswords.

5. Acceptable use

You agree not to:

• Send spam, unsolicited bulk messages, or deceptive content.
• Violate applicable laws, including CAN-SPAM, GDPR, LGPD, and other anti-spam or data protection regulations.
• Reverse engineer, copy, or exploit the Service without authorization.
• Use the Service to distribute malware, conduct phishing, or transmit illegal content.
• Share access credentials or resell the Service without our written consent.
• Interfere with the Service's integrity, performance, or security.
• Bypass or disable sending limits, warm-up schedules, throttling, or other protective controls built into the Service.
• Use adversarial prompt techniques against AI features, including prompt injection, prompt leaking, or jailbreaking.

To protect deliverability and comply with provider rules, Prospex enforces per-mailbox daily sending limits, gradual warm-up of new mailboxes, and rate limiting. You must not attempt to circumvent these controls. We may also pause or suspend campaigns that generate excessive bounces, spam complaints, or unsubscribe rates.

6. AI-generated content

Some features of the Service use large language models to draft, rewrite, score, or otherwise suggest message content. These outputs are suggestions only and may contain factual errors, inaccuracies, or language unsuitable for the context. You are solely responsible for reviewing, editing, and approving any content before it is sent to a prospect, including its accuracy, tone, legality, and compliance with applicable anti-spam and data protection rules.

7. Lead data and data processing

When you import or create lead and contact data inside the Service, you are the controller of that data and Prospex acts as the processor on your behalf, to the extent necessary to provide the Service. You represent and warrant that you have a valid legal basis (consent, legitimate interest, or another lawful ground) to process those contacts for outbound campaigns under applicable law (including LGPD, GDPR, and CAN-SPAM). If a formal Data Processing Addendum (DPA) is required for your jurisdiction, contact us at cleber@esfera.studio to execute one.

8. Plans and payment

The Service may be offered under free and paid plans. Pricing, billing cycles, and conditions are presented at the time of purchase. Failure to pay may result in suspension or cancellation of your account.

9. Cancellation

You may cancel your account at any time from the Service settings or by emailing cleber@esfera.studio. After cancellation, your data is handled according to our Privacy Policy.

10. Intellectual property

All rights to the Service, brand, code, design, and content belong to Prospex. Content you create within the Service remains yours, but you grant Prospex a non-exclusive license to process it to the extent necessary to operate the Service.

11. Availability and support

We aim to keep the Service available 24/7 but do not guarantee uninterrupted operation. Scheduled maintenance and emergency adjustments may occur without prior notice.

12. Limitation of liability

To the maximum extent permitted by law, Prospex is not liable for indirect damages, lost profits, loss of data, or business interruption arising from use or inability to use the Service. Prospex's total liability is limited to the amount paid by the User in the 12 months preceding the event giving rise to the claim.

13. Indemnification

You agree to indemnify and hold Prospex harmless against any third-party claims arising from your violation of these Terms or misuse of the Service.

14. Changes to these Terms

We may modify these Terms at any time. Material changes will be communicated at least 15 days in advance by email or in-Service notice. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

15. Governing law

These Terms are governed by the laws of Brazil. The courts of the City of Sao Paulo, Brazil shall have exclusive jurisdiction to resolve any disputes arising from these Terms, with waiver of any other forum, however privileged.

16. Contact

Questions? cleber@esfera.studio