Terms of Service | ProspectDB

These Terms of Service ("Terms") govern your access to and use of the ProspectDB website, platform, software, databases, products and services.

ProspectDB is operated by:

Prospect DB Pty Ltd
ACN: 702 293 721

By accessing or using ProspectDB, creating an account, purchasing a subscription, accessing ProspectDB data or otherwise using our services, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not use ProspectDB.

1. Definitions

In these Terms:

Account means an account created to access or use ProspectDB.

Customer, "you" or "your" means the individual or entity accessing or using ProspectDB.

Data means information made available through ProspectDB, including business, professional and contact information.

ProspectDB means Prospect DB Pty Ltd and its services, website, software, databases, technology and related products.

Services means the ProspectDB platform, database, prospecting, enrichment, verification, data and related services provided by ProspectDB.

Subscription means the subscription, plan or service purchased by a Customer.

User means an individual authorised by a Customer to access or use the Services.

2. Eligibility and authority

You must have legal capacity to enter into these Terms.

If you use ProspectDB on behalf of a company, partnership, organisation or other entity, you represent that you have authority to bind that entity to these Terms.

You are responsible for ensuring that your Users comply with these Terms.

3. The ProspectDB service

ProspectDB provides business prospecting, data enrichment, contact discovery, contact verification and related business intelligence services.

The specific features and functionality available to you depend on your Subscription.

We may modify, improve, add or remove features from the Services from time to time.

We do not guarantee that every feature, data source, integration or functionality will remain available indefinitely.

4. ProspectDB data

ProspectDB may provide business and professional contact information obtained or derived from:

publicly available sources;
business websites;
professional networking platforms;
public registers;
business directories;
third-party data providers;
data enrichment providers;
verification providers;
information supplied by customers; and
other lawful sources.

Data may include names, job titles, employers, business email addresses, telephone numbers, professional profile URLs and other business or professional information.

Some Data may constitute personal information under applicable privacy laws.

5. Data accuracy

ProspectDB seeks to provide accurate and useful Data but does not guarantee that Data will always be:

accurate;
complete;
current;
available;
unique;
verified;
deliverable;
associated with the intended individual; or
suitable for a particular purpose.

Contact information can change rapidly.

For example, a person may change employers, change their position, change their telephone number, leave an organisation or stop using an email address.

Verification results are provided as an indication of data quality and do not constitute a guarantee that a communication will be successfully delivered or that a person will respond.

You should independently validate Data where appropriate before relying on it for material business decisions.

6. Permitted use

Subject to these Terms and your Subscription, ProspectDB grants you a limited, non-exclusive, non-transferable and revocable right to access and use the Services and Data for legitimate business purposes.

Permitted activities may include:

identifying potential business customers;
business-to-business prospecting;
sales research;
account research;
business development;
lead qualification;
market research;
customer relationship management; and
other legitimate commercial activities permitted by law.

7. Prohibited uses

You must not use ProspectDB or its Data:

for unlawful purposes;
to facilitate fraud, scams, harassment or abuse;
to facilitate identity theft;
to make decisions concerning individuals where prohibited by applicable law;
to collect or infer sensitive personal information for discriminatory purposes;
to create or maintain unlawful surveillance databases;
to contact individuals in breach of applicable marketing or telecommunications laws;
to send spam;
to make unlawful telemarketing calls;
to circumvent unsubscribe or suppression requests;
to knowingly contact an individual who has requested that you stop contacting them;
to sell, sublicense, rent, lease or otherwise commercially redistribute ProspectDB Data unless your Subscription expressly permits it;
to create a competing prospect database or substantially replicate the ProspectDB database;
to scrape, crawl or systematically extract ProspectDB's platform or database;
to reverse engineer ProspectDB's proprietary systems;
to circumvent usage limits, authentication or access controls;
to upload malicious code or harmful software;
to interfere with the security or operation of the Services; or
to use the Services in a manner that violates applicable law.

8. Compliance with privacy and marketing laws

You are solely responsible for ensuring that your use of ProspectDB Data complies with laws applicable to your activities.

Depending on your activities, this may include:

the Privacy Act 1988 (Cth);
the Australian Privacy Principles;
the Spam Act 2003 (Cth);
the Do Not Call Register Act 2006 (Cth);
applicable state and territory laws;
applicable overseas privacy and marketing laws; and
rules applicable to the specific communication channel you use.

In particular, obtaining contact information from ProspectDB does not automatically provide consent to send marketing communications to an individual.

Where required, you must obtain and maintain the appropriate consent before sending commercial electronic messages or undertaking telemarketing.

ACMA guidance states that businesses remain responsible for consent when using purchased or third-party marketing lists.

You are responsible for maintaining appropriate records demonstrating your legal basis or consent where required.

9. Suppression and opt-out requests

If ProspectDB receives a request from an individual to correct, suppress or otherwise restrict the use of their personal information, ProspectDB may update its records accordingly.

Where ProspectDB communicates a suppression or correction requirement to you, you must take reasonable steps to respect that request.

You must maintain your own suppression and unsubscribe lists and must not use ProspectDB Data to circumvent an individual's request not to receive communications.

10. Customer-provided data

If you provide information to ProspectDB for processing, enrichment, verification or other purposes, you represent that:

you have the right to provide the information;
you have obtained any consent required by law;
your provision of the information does not breach applicable law or another person's rights; and
you have authority to instruct ProspectDB to process the information.

You remain responsible for the legality and accuracy of information you provide to us.

11. Third-party services and data sources

ProspectDB may rely on third-party providers for:

data enrichment;
contact verification;
hosting;
cloud infrastructure;
analytics;
communications;
payment processing;
authentication;
integrations; and
other technology services.

Third-party services may have their own terms, limitations and availability requirements.

We are not responsible for interruptions, inaccuracies or failures caused by third-party services outside our reasonable control.

12. Accounts and security

You are responsible for:

keeping your login credentials confidential;
maintaining appropriate account security;
ensuring that only authorised Users access your Account;
preventing unauthorised access; and
notifying us promptly if you suspect unauthorised access.

You must not share individual login credentials between multiple people where doing so circumvents Subscription limits.

We may suspend or restrict access where we reasonably believe an Account has been compromised or misused.

13. Usage limits and fair use

Your Subscription may contain limits concerning:

searches;
records;
exports;
API requests;
Users;
enrichment operations;
verification operations;
downloads;
storage; or
other usage.

You must not circumvent or manipulate these limits.

We may monitor usage to maintain security, reliability and fair access to the Services.

If you materially exceed your Subscription limits, we may require an upgrade, charge applicable overage fees where agreed, or restrict further usage.

14. Fees and payment

Where the Services are provided for a fee:

fees will be communicated to you before purchase;
you agree to pay the applicable fees;
payments may be processed through third-party payment providers;
fees may be recurring where you have selected a recurring Subscription; and
applicable taxes may be added where required by law.

Unless otherwise stated, Subscription fees are non-refundable once the relevant Subscription period has commenced, except where required by law or expressly agreed by ProspectDB.

15. Subscription renewal and cancellation

Where a Subscription automatically renews, you authorise ProspectDB or its payment provider to charge the applicable renewal fee.

You may cancel your Subscription in accordance with the cancellation process made available through the Services.

Cancellation will generally prevent future renewal but does not automatically entitle you to a refund for a Subscription period that has already commenced.

Nothing in these Terms excludes or limits rights that cannot legally be excluded.

16. Intellectual property

ProspectDB and its licensors retain all rights, title and interest in:

the ProspectDB platform;
software;
databases;
database structures;
algorithms;
interfaces;
designs;
trademarks;
logos;
documentation;
technology;
methodologies;
compilations;
proprietary processes; and
other intellectual property used to provide the Services.

Except for the limited rights expressly granted under these Terms, no intellectual property rights are transferred to you.

17. Customer data and work product

Subject to ProspectDB's rights in its underlying technology, databases and systems, you retain rights in information that you independently provide to ProspectDB.

You grant ProspectDB the rights reasonably necessary to process and use Customer-provided information to provide the Services.

Where the Services generate outputs using ProspectDB's Data, the underlying ProspectDB Data and associated database rights remain with ProspectDB or its licensors.

18. Feedback

If you provide suggestions, ideas, feature requests or other feedback concerning ProspectDB, you grant ProspectDB permission to use that feedback to improve the Services without owing you compensation.

We will not use your confidential information as feedback without appropriate permission.

19. Availability

We aim to provide reliable Services but do not guarantee uninterrupted or error-free operation.

The Services may occasionally be unavailable due to:

maintenance;
upgrades;
security incidents;
infrastructure failures;
third-party provider failures;
internet or telecommunications failures;
events outside our reasonable control; or
other technical circumstances.

We may perform scheduled or emergency maintenance where reasonably necessary.

20. Disclaimer

To the maximum extent permitted by law, ProspectDB provides the Services and Data on an "as available" and "as is" basis.

We do not warrant that:

the Services will always be available;
Data will always be accurate or complete;
every contact detail will be valid;
an email address will accept delivery;
a telephone number will connect to the intended person;
a person remains employed by a particular organisation;
a prospect will respond to outreach;
a prospect will purchase anything; or
use of the Services will produce a particular commercial result.

You remain responsible for evaluating whether Data is suitable for your intended use.

21. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any right, remedy, guarantee or condition that cannot lawfully be excluded, restricted or modified under applicable law, including the Australian Consumer Law.

Where a consumer guarantee applies to the Services, nothing in these Terms is intended to exclude that guarantee.

To the maximum extent permitted by law, where a statutory guarantee, condition or warranty applies and cannot be excluded, ProspectDB's liability is limited to the remedies permitted by applicable law.

22. Limitation of liability

To the maximum extent permitted by law, ProspectDB will not be liable for:

indirect loss;
consequential loss;
loss of profits;
loss of revenue;
loss of anticipated savings;
loss of business opportunity;
loss of goodwill;
loss of data; or
business interruption,

arising out of or relating to your use of the Services.

To the maximum extent permitted by law, ProspectDB's total aggregate liability arising out of or relating to the Services or these Terms will not exceed the amount you paid to ProspectDB for the Services during the 12 months immediately preceding the event giving rise to the claim.

This limitation does not apply to liability that cannot legally be limited or excluded.

23. Indemnity

To the maximum extent permitted by law, you indemnify ProspectDB and its officers, employees and contractors against claims, losses, liabilities, costs and expenses arising from:

your unlawful use of the Services or Data;
your breach of these Terms;
your violation of applicable privacy, marketing or telecommunications laws;
your misuse of ProspectDB Data;
your breach of an individual's rights;
your failure to obtain required consent; or
information you provide to ProspectDB where you did not have the necessary authority or rights.

This indemnity does not apply to the extent a claim was caused by ProspectDB's own unlawful conduct or negligence.

24. Suspension and termination

We may suspend or terminate your access to the Services if:

you materially breach these Terms;
you fail to pay applicable fees;
you misuse the Services;
you use Data unlawfully;
you attempt to circumvent usage limits;
your use creates a security risk;
we reasonably believe continued access may expose ProspectDB to legal or regulatory risk; or
suspension is otherwise reasonably necessary to protect the Services, ProspectDB or other users.

Where reasonably practicable, we will provide notice and an opportunity to remedy a breach before termination.

25. Effect of termination

When your access to the Services ends:

your right to access the platform ceases;
you must stop using the Services;
you must comply with any continuing restrictions concerning ProspectDB Data;
unpaid fees remain payable; and
provisions intended by their nature to survive termination will continue to apply.

Where your Subscription expressly permits you to retain previously exported Data, you may continue to use that Data subject to these Terms and applicable law.

26. Confidentiality

Each party must take reasonable steps to protect confidential information received from the other party.

Confidential information does not include information that:

is publicly available through no breach of these Terms;
was already lawfully known;
is independently developed; or
is required to be disclosed by law.

27. Privacy

ProspectDB's handling of personal information is described in our Privacy Policy.

Our Privacy Policy forms part of these Terms by reference.

The Privacy Policy is available at:

https://prospectdb.com.au/privacy

28. Changes to these Terms

We may update these Terms from time to time.

If we make material changes, we may provide reasonable notice through the Services, by email or by another appropriate method.

Your continued use of the Services after the updated Terms become effective constitutes acceptance of the updated Terms, to the extent permitted by law.

29. Third-party links

The Services may contain links to third-party websites or services.

ProspectDB does not control those third parties and is not responsible for their content, security, privacy practices or availability.

Your use of third-party services may be subject to separate terms.

30. Force majeure

ProspectDB will not be responsible for failure or delay caused by circumstances beyond its reasonable control, including:

natural disasters;
war;
terrorism;
civil unrest;
government action;
telecommunications failures;
internet infrastructure failures;
major cyber incidents;
third-party infrastructure failures;
power failures; or
other circumstances beyond our reasonable control.

31. Assignment

You must not assign or transfer your rights or obligations under these Terms without our prior written consent.

ProspectDB may assign or transfer its rights and obligations in connection with a merger, acquisition, corporate restructuring, sale of assets or similar transaction.

32. Entire agreement

These Terms, together with any applicable Subscription terms, order form, pricing terms and the ProspectDB Privacy Policy, constitute the agreement between you and ProspectDB concerning the Services.

If there is an inconsistency between documents, the applicable order form or written commercial agreement will take precedence to the extent of the inconsistency.

33. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be interpreted to the extent necessary to make it valid and enforceable.

If this is not possible, the provision will be severed without affecting the remaining provisions.

34. Waiver

A failure or delay by ProspectDB to enforce a provision of these Terms does not constitute a waiver of our right to enforce that provision later.

35. Governing law

These Terms are governed by the laws of Australia and the applicable laws of the Australian state or territory in which Prospect DB Pty Ltd's principal place of business is located.

The parties submit to the courts exercising jurisdiction in that location, subject to any mandatory rights or jurisdiction provided by applicable law.

36. Contact

Questions concerning these Terms should be sent to:

Prospect DB Pty Ltd
ACN: 702 293 721
Email: founders@prospectdb.com.au

Terms of Service last updated: 24 September 2026

Questions about this page? Email founders@prospectdb.com.au. See also our Privacy Policy.