1. Acceptance and Scope
These Terms of Service ("Terms") are entered into by and between you and BRIGHTLINE SOFTWARE LLC ("Company", "we", "our", or "us").
These Terms govern your access to and use of Estate Prospector, including our website, lead intelligence tools, account dashboard, APIs, and related services (collectively, the "Service").
By creating an account, buying a plan, purchasing credits, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.
If you are using the Service on behalf of a company or other entity, you represent that you have authority to bind that entity. In that case, "you" includes both you and that entity.
2. Eligibility and Account Registration
You must be at least 18 years old and legally capable of entering a binding contract.
You agree to provide accurate registration details and to keep your account and billing information updated.
You are responsible for all activity under your account, including actions by authorized team members.
- Keep credentials secure and confidential.
- Notify us promptly of unauthorized access or suspected misuse.
- Do not impersonate another person or create accounts with false identity data.
3. Service Model, Plans, and Credits
The Service operates on a subscription and credit basis. Depending on your plan, credits may be included in the plan or purchased separately as add-ons.
A credit is consumed when a paid action succeeds, such as unlocking a record or using paid enrichment/export actions.
Plan entitlements, feature access, API limits, CRM connector availability, and throughput caps may vary by tier and may be updated over time.
4. Unlocking, Delivered Data, and Usage Rights
Unlocking means selected data becomes available in your account for review, export, and permitted integration workflows.
Unlocked data may be retained in your account and used under your plan rights; however, use is always subject to these Terms and applicable law.
- Credits used on successful unlock events are non-reversible.
- Duplicate-protection behavior may vary by workflow and product surface.
- Some fields may differ by source availability, region, and verification status.
5. Billing, PayPal Payments, and Auto-Renewal
Paid subscriptions and eligible purchases are processed by PayPal and/or approved payment processors. By completing checkout, you authorize one-time and recurring charges according to your selected plan.
Subscriptions automatically renew at the end of each billing cycle unless canceled before the renewal date.
If payment fails, we may retry charges, restrict premium features, downgrade service, or suspend access until payment issues are resolved.
- You are responsible for taxes, currency conversion, and payment provider fees where applicable.
- Chargebacks or payment disputes may result in temporary account restrictions while reviewed.
- You must maintain a valid payment method for active paid plans.
6. Mid-Cycle Cancellation and Credit Access
You may cancel subscription renewal at any time from billing settings.
If you cancel in the middle of a billing cycle, your paid plan remains active until the end of that already-paid cycle.
After cancellation, the next renewal charge will not be collected unless you reactivate.
Credits already available in your account remain usable under your plan and account standing rules.
7. Refunds
Refund handling is governed by our Refund Policy, including eligibility windows, non-refundable events, and processing timelines.
The Refund Policy is part of these Terms by reference and applies to all qualifying transactions.
For refund-specific rules, use the link below.
8. Acceptable Use and Prohibited Activities
You may use the Service only for lawful business purposes and in compliance with these Terms.
- Do not resell, sublicense, or republish raw datasets without written authorization.
- Do not scrape, reverse engineer, or bypass technical controls.
- Do not use the Service for spam, unlawful telemarketing, harassment, fraud, or discriminatory targeting.
- Do not upload malware, bots, or malicious scripts.
- Do not attempt unauthorized access to accounts, systems, or infrastructure.
9. Data Compliance and Outreach Responsibilities
You are solely responsible for campaign behavior and legal compliance when using data from the Service.
You must comply with all applicable laws and regulations, including privacy, anti-spam, telemarketing, and consumer protection requirements.
- Honor opt-outs, suppression lists, and unsubscribe requests.
- Apply consent and lawful basis requirements where required.
- Implement appropriate security controls when storing and sharing exported data.
- Do not rely on Service data as legal advice or regulatory certification.
10. CRM Integrations, API Access, and Third-Party Services
The Service may provide connectors, exports, and APIs to move unlocked records into third-party systems, including CRM platforms.
Integration availability may depend on plan tier, connector limits, API quotas, and external platform compatibility.
We are not responsible for outages, policy changes, security incidents, or API behavior of third-party platforms.
- You control and are responsible for integration permissions and token management.
- You are responsible for field mapping, sync rules, and downstream data governance.
- Third-party services are governed by their own terms and privacy policies.
11. Data Accuracy and Availability Disclaimer
We continuously improve data quality, but we do not guarantee that every record, attribute, or contact point is complete, current, or error-free at all times.
You should independently validate critical records before high-impact decisions or compliance-sensitive outreach.
12. Intellectual Property
The Service, including software, branding, design, and compiled content, is owned by Estate Prospector or its licensors and is protected by intellectual property laws.
We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service during your active subscription, subject to these Terms.
- No ownership rights are transferred to you.
- All rights not expressly granted remain reserved.
13. Confidentiality and Security
Each party may receive non-public information from the other. You agree to protect our confidential information and use it only as needed to use the Service.
We implement commercially reasonable technical and organizational measures to secure platform systems, but no online service can be guaranteed as fully risk-free.
14. Service Changes and Availability
We may add, modify, suspend, or retire features, limits, interfaces, and product components to maintain platform quality, security, or business continuity.
Scheduled or emergency maintenance may affect availability. We do not guarantee uninterrupted or error-free operation.
15. Suspension and Termination
We may suspend or terminate access if we reasonably believe you violated these Terms, created legal or security risk, attempted abuse, or used the Service unlawfully.
You may stop using the Service at any time. Upon termination, license rights end immediately, except sections that naturally survive.
16. Warranty Disclaimer
The Service is provided on an "as is" and "as available" basis to the fullest extent allowed by law.
We disclaim all express or implied warranties, including merchantability, fitness for a particular purpose, non-infringement, and uninterrupted availability.
17. Limitation of Liability
To the maximum extent permitted by law, we are not liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, revenue, goodwill, or data.
Our aggregate liability for claims related to the Service will not exceed the amount paid by you to us in the 12 months before the event giving rise to the claim.
18. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its affiliates, officers, employees, and partners from claims, liabilities, losses, damages, and reasonable legal costs arising from your use of the Service, your data practices, or your violation of these Terms or applicable law.
19. Governing Law and Dispute Resolution
These Terms are governed by the laws of the applicable U.S. jurisdiction identified in your order documentation, excluding conflict-of-law principles.
Before starting formal legal proceedings, both parties agree to attempt good-faith resolution through written notice and direct discussion.
20. Changes to Terms
We may update these Terms periodically to reflect product, legal, or operational changes. Updated versions will appear on this page with a new effective date.
Your continued use of the Service after updated Terms take effect constitutes acceptance of the revised Terms.
21. Third-Party Content and External Links
Parts of the Service may include data, tools, or materials licensed from third parties. Those materials remain owned by their respective owners and may be subject to separate rights and restrictions.
The Service may link to third-party websites or platforms. We do not control those resources and are not responsible for their content, security posture, or policies.
22. License Limits and Restricted Data Uses
Your license is limited to your internal business use and does not include resale, sublicensing, public redistribution, or operation of a competing data product from our data outputs.
Unless expressly allowed by your plan and applicable law, you may not mass-copy, mirror, or bulk-extract dataset outputs outside the intended product workflows.
- Do not use Service data for credit eligibility, insurance underwriting, employment screening, collections, or other Fair Credit Reporting Act (FCRA)-regulated purposes.
- Do not use the Service to promote or support unlawful products, illegal activities, or prohibited campaign categories.
- Do not remove tracing, control, or integrity mechanisms used to protect data from misuse.
23. No Guaranteed Outcomes
The Service is an enablement platform and does not guarantee campaign performance, sales outcomes, response rates, or a minimum number of leads.
You are responsible for strategy, messaging, targeting, and legal compliance in your own outreach programs.
24. Arbitration and Class Action Waiver
To the extent permitted by law, disputes that cannot be resolved informally may be resolved through binding individual arbitration instead of court litigation, except for matters eligible for small-claims court or requests for injunctive relief related to intellectual property or misuse.
You and the Company agree to bring claims only in an individual capacity and not as a plaintiff or class member in any class, consolidated, or representative proceeding.
If a specific arbitration procedure is required by your Order Form or enterprise agreement, that procedure will control to the extent permitted by law.
25. Electronic Communications and Notices
By using the Service, you consent to receive electronic communications from us, including product notices, billing alerts, legal updates, and service announcements.
You agree that electronic notices satisfy legal requirements that communications be in writing.
26. Force Majeure
We are not liable for delays or failures caused by events beyond reasonable control, including natural disasters, utility or telecom outages, labor disruptions, war, terrorism, civil unrest, governmental actions, or major infrastructure failures.
If a force majeure event materially prevents performance for an extended period, either party may terminate affected obligations in accordance with applicable law and contract requirements.
27. Entire Agreement; Assignment; Severability
These Terms, together with incorporated policies and any controlling Order Form, constitute the entire agreement regarding the Service and supersede prior discussions on the same subject.
You may not assign or transfer your rights or obligations under these Terms without prior written consent, except where assignment is required by law.
If any provision is held invalid or unenforceable, remaining provisions remain in full force and are interpreted to best reflect the original commercial intent.
28. Contact
Legal entity: BRIGHTLINE SOFTWARE LLC.
Registered address: 30 N GOULD ST, STE 100, SHERIDAN, WY 82801.
For legal, billing, or policy questions, use the link below.