Terms and conditions

Effective Date: 01/07/2025

1. Introduction

These Terms and Conditions (“Terms”) set forth the legally binding terms and conditions applicable to your use of the Prospector application (“Application”). By accessing or using the Application, you (“User” or “you”) agree to comply with and be bound by these Terms. If you do not agree with these Terms, please refrain from using the Application.

Prospector is an independent product developed by Cross Path Network Ltd (“Prospector”, “Cross Path”, “we”, “us”, or “our”), a company incorporated and registered in the United Kingdom, with its registered office located at 30 Norman Rd, London SE10 9QX, United Kingdom.

You confirm that you have read and understood these Terms and any other documents referred to herein, including our Privacy Policy at [Insert Link]. You represent and warrant that you have the legal right, authority, and capacity to accept and comply with these Terms, and that you have fully read and understood them without any impairment to your judgment—whether due to mental illness, intoxication, medication, or any other condition that could affect your ability to make informed decisions. By using the Application, you signify your acceptance of these Terms.

2. Modifications to These Terms

We may from time to time revise or amend these Terms. Any such changes will be communicated by posting the updated Terms within the Application. Your continued use of the Application following the posting of any modifications constitutes your acceptance of those changes.

3. Use of the Application

You agree to use the Application solely for lawful purposes and in accordance with these Terms. You shall not:

• Violate any applicable local, state, national, or international law or regulation;

• Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content or otherwise;

• Transmit, or procure the sending of, any advertising or promotional material without our prior written consent;

• Impersonate or attempt to impersonate us, our employees, another user, or any other person or entity.

4. Sales Terms

Subscription and Payment

By subscribing to Prospector, you agree to pay the applicable subscription fees for the plan you select. Prospector offers subscription options on a monthly or annual basis. Annual subscriptions are offered at a discounted rate compared to the equivalent monthly price.

Pricing and Credits

Each subscription plan has a fixed price per user, per month (or per year if billed annually).Your subscription includes a specified number of credits that are valid for the duration of the period indicated in the corresponding plan. These credits may be used to perform various actions within the Application.

Billing and Payment Methods

Subscription fees will be billed monthly or annually, depending on the subscription plan selected.

By subscribing, you authorize us to charge your chosen payment method for all applicable fees, including any renewals.

Account and License Usage

Each paid subscription license is valid for use by a single user account. Users may switch between multiple accounts or devices within the limits of their subscription; however, simultaneous usage of multiple accounts or devices under a single license is not permitted. If you require simultaneous access for multiple users or accounts, separate subscriptions/licenses must be purchased.

Price Changes

We may update subscription prices from time to time. Any price changes will be communicated to you in advance and will take effect at the start of the next subscription billing period. Continuing to use Prospector after a price change constitutes your acceptance of the new price. If you do not agree with the price change, you may cancel your subscription before the new pricing takes effect.

Trial Period

By signing up for a free trial, you acknowledge and agree that the trial period shall last for the duration specified in the applicable plan.

During this trial, you may use the Application in accordance with these Terms. Unless you cancel your trial subscription prior to the expiration of the trial period, your subscription will automatically convert to a paid subscription, and you will be charged accordingly.

Cancellation and Refunds

You may cancel your subscription at any time. Your subscription will continue until the end of the current billing period, after which access to the Application will be terminated unless you renew.

Please note that all sales are final and we do not provide refunds for any fees paid, including but not limited to partial or full subscription periods.

5. Automation Disclaimer and User Responsibility

5.1 Automation Risks and User Responsibility

Prospector enables automated outreach across various channels, including LinkedIn, emailservices (e.g., Gmail), WhatsApp, and SMS. We employ our best efforts to reduce the risk of account restrictions by encouraging responsible usage, such as adopting human-like behavior, randomized timing, and adherence to platform policies. However, automation risks are not zero and violations of third-party terms may result in temporary or permanent account suspension, restriction, or termination on those platforms.

You acknowledge that your use of Prospector may result in such actions, even when protocols are thoughtfully followed. You accept full responsibility for any consequences relating to linked third-party accounts.

5.2 Indemnity for ThirdParty Actions

You agree to indemnify, defend, and hold harmless Cross Path Network Ltd (including its officers, employees, and agents) from any claims, damages, liabilities, or costs (including legal fees) arising from enforcement actions taken by LinkedIn, email providers (such as Gmail), WhatsApp, SMS operators, or any other third party due to your use of Prospector.

5.3 Exclusion of Liability for ThirdParty Enforcement

To the fullest extent permitted by law, Cross Path Network Ltd will not be liable for any loss, damage, or claim resulting from third-party platform actions, including but not limited to account restrictions, suspensions, bans, delivery failures, blocking of messages, or reputational harm.

6. Privacy and Security

Your privacy and the protection of your personal data are of utmost importance to us. For a detailed description of how we collect and use personal data about you, please refer to our Privacy Policy at [Insert Link] and familiarize yourself with the choices you can make regarding the collection and use of your personal data.

In addition to the provisions in the Privacy Policy, you agree not to:

1. Engage in unauthorized collection of users’ content or information or otherwise access the Application by automated means (including using bots or scrapers) without authorization from us;

2. Reveal any personal data related to another individual, including a person’s address, phone number, email address, credit card number, or any information that may otherwise be used to track, contact, or impersonate another individual;

3. Use a username that is the name of another person with the intent to impersonate that person;

4. Provide any false personal data to us or create any user account for anyone other than yourself without such person’s permission.

By using the Application, you consent to the collection and use of certain information about you and your use of the Application in accordance with our Privacy Policy and applicable laws and regulations related to personal data.

Please be reminded that you must protect any passwords or other credentials associated with your account for the Application and take full responsibility for any use of the account under your password.

7. Intellectual Property Rights

All content, features, and functionality of the Application are and will remain the exclusive property of Prospector and its licensors. These include but are not limited to text, graphics, logos, images, as well as the software used to operate the Application.

8. Termination

We reserve the right to discontinue offering the Application or to modify the Application at any time in our sole discretion and without notice. Notwithstanding anything contained in these Terms to the contrary, we may also, in our sole discretion, terminate or suspend your access to the Application at any time. Following termination, all such terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.

9. Limitation of Liability

To the maximum extent permitted by applicable law, we and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, loss of use, loss of anticipated savings; accrued but wasted expenditure; cost of procurement of substitute goods or services, loss of goodwill; or other intangible losses resulting from:

1. Your access to or use of or inability to access or use the Application;

2. Any conduct or content of any third party on the Application, including any defamatory, offensive, or illegal conduct of other users or third parties;

3. Any content obtained from the Application;

4. Unauthorized access, use, or alteration of any material or content.

In some jurisdictions, the applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

Notwithstanding any provision to the contrary in this Agreement, we shall not be liable for any loss, damage, or claim resulting from third-party platform actions, including but not limited to account restrictions, suspensions, bans, delivery failures, blocking of messages, or reputational harm, as outlined in Section 5 (Automation Disclaimer and User Responsibility).

10. Indemnity

Without limiting section 5, you further agree to indemnify and hold us harmless from any claim or demand, including attorney’s fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms shall be resolved through binding arbitration administered by the London Court of International Arbitration (LCIA), under the applicable arbitration rules of the administrator in effect at the time a claim is filed.

12. Miscellaneous Terms

• Waiver and Severability: Our failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future. In the event that any provision of these Terms is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction for any reason, the remaining provisions of these Terms will remain in full force and effect.

• Entire Agreement: These Terms constitute the entire agreement between you and us regarding the use of the Application and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.

• Contact Information: If you have any questions about these Terms, please contact us athello@becrosspath.com