These Terms of Service (« Terms ») govern access to and use of the Prospectra commercial prospecting service (the « Service »), published by (à configurer par l'opérateur) (the « Publisher »).
Registration to the Service constitutes full and unreserved acceptance of these Terms, the privacy policy, the cookie policy and the acceptable use policy (together the « Contractual Documentation »).
1. Definitions
- Service: the Prospectra software platform accessible in SaaS mode at .
- Client: the legal entity or natural person of legal age acting in a professional capacity who subscribes to the Service.
- User: any natural person holding credentials to access the Service, whether the Client themselves or a member of the Client's team who has accepted an invitation.
- Prospect: the natural or legal person whose contact details are imported by the Client into the Service for the purpose of B2B commercial prospecting.
- Client Content: all data, files, message templates, Prospect lists and configurations registered by the Client in the Service.
- Documentation: the public documentation of the Service, accessible at /help.
2. Purpose of the Service
The Service enables Clients to organise, schedule and send commercial prospecting campaigns by email to professional contacts (B2B), notably through customisable message templates and AI-assisted features.
The Service is strictly reserved for professional use (business-to-business / B2B). Any use for prospecting natural persons acting in a personal capacity (B2C) is prohibited, unless the Client can justify prior explicit consent of the recipients in compliance with article L.34-5 of the French Post and Electronic Communications Code or, where applicable, the equivalent provisions of the recipient's jurisdiction.
3. Registration and account
Registration to the Service is open exclusively to persons of legal age, acting on their own behalf or on behalf of a legal entity they are authorised to represent.
The Client undertakes to provide accurate, up-to-date and complete information at registration and to update it without delay in case of change. The Publisher reserves the right to suspend or terminate any account with manifestly inaccurate information.
Each account is strictly personal. The Client is responsible for the confidentiality of their credentials and for any action taken from their account. In the event of suspected unauthorised access, the Client shall notify the Publisher as soon as possible at and reset their password.
The Publisher implements technical measures (password hashing, brute-force throttling, login logging) to protect accounts, without however guaranteeing absolute security.
4. Features and pricing plans
The Service is offered under different pricing plans (free, paid), whose content and limits (message volume, number of Users, AI features, etc.) are described on the pricing page published at .
The Publisher reserves the right to modify the features, limits and pricing of the Service. Any substantial change in pricing terms applicable to an existing Client shall be notified at least thirty (30) days in advance, to the registered email address. The Client may then terminate at no cost before the change takes effect.
The AI features offered by the Service (assisted writing, template generation, suggestions) rely on third-party machine learning models. Results are provided for guidance only, may contain errors or approximations, and must be reviewed by the Client before any sending. The Publisher does not guarantee the accuracy, relevance or absence of bias of content generated by these features.
5. User obligations
The User undertakes to use the Service in accordance with the Contractual Documentation, and in particular the acceptable use policy, which details prohibited uses (spam, phishing, mass scraping, unlawful content, opt-out circumvention, etc.).
The User undertakes in particular to:
- only carry out electronic commercial prospecting towards contacts whose email address is attached to a legal entity or is used for professional purposes, in accordance with French CNIL doctrine on B2B prospecting;
- include a functional unsubscribe link in each message, in compliance with article L.34-5 of the French Post and Electronic Communications Code and article 21 of the GDPR;
- identify the sender and provide valid contact details;
- not impersonate any third party, administration or brand;
- not attempt to circumvent the technical controls implemented by the Publisher (volume limits, opt-out lists, anti-abuse filters);
- comply with the legislation applicable to their activity, including tax, social and competition law.
The User warrants that they have a legal basis (legitimate interest with clear opt-out for B2B; explicit consent for B2C) to process the data of the Prospects they import into the Service. In case of serious doubt, the Publisher reserves the right to ask the User to justify this legal basis.
6. Suspension and termination
6.1 Suspension for abuse
The Publisher reserves the right to suspend, without notice, access to the Service of any User whose behaviour contravenes the Contractual Documentation, in particular:
- sendings manifestly contrary to the acceptable use policy;
- abnormally high spam complaint rates;
- documented and uncontested abuse@ notifications;
- attacks on the security or integrity of the Service;
- persistent non-payment.
Suspension is notified by email to the User, with reason. The User has fifteen (15) days to submit observations.
6.2 Termination at the Client's initiative
The Client may terminate their account at any time from their personal area or by request sent to . Termination takes effect at the end of the current billing period for paid plans; immediately for the free plan.
6.3 Termination at the Publisher's initiative
The Publisher may terminate a Client's account in the event of a material breach of the Terms not remedied within fifteen (15) days of a formal notice that remained without effect, or immediately in case of manifestly unlawful use of the Service.
6.4 Effects of termination
Upon termination, the Client may export their data for thirty (30) days following termination. Beyond that, data is deleted within a reasonable timeframe, subject to mandatory legal retention periods (accounting invoices, security logs). Export and deletion modalities are detailed in the privacy policy.
7. Limitation of liability
The Service is provided « as is », with no guarantee of result. The Publisher undertakes to use its best efforts to ensure the availability, security and performance of the Service, but does not commit to a binding service level agreement (SLA) unless otherwise stipulated in a separate contract.
The Publisher shall not be held liable for:
- indirect or immaterial damage (loss of revenue, loss of data not backed up by the Client, loss of clientele, reputational damage);
- the consequences of the Client's use of the Service in violation of the Contractual Documentation or applicable law;
- interruptions linked to maintenance, force majeure, failures by third-party providers (host, email operators, AI services) or computer attacks despite reasonable protective measures;
- content disseminated by the Client.
In any event, the total liability of the Publisher, all causes combined, is capped at the amount actually paid by the Client during the twelve (12) months preceding the event giving rise to the damage.
The Client shall indemnify the Publisher against any action by third parties (notably message recipients, supervisory authorities or rights holders) based on use of the Service that does not comply with the Contractual Documentation.
8. Intellectual property
The Publisher retains all intellectual property rights to the Service, its interface, its source code, its documentation, its default templates and its visual identity.
The Client retains ownership of their Client Content. For the sole period necessary to provide the Service, the Client grants the Publisher a non-exclusive licence to host, technically reproduce and display the Client Content, for the sole purpose of providing the Service.
No provision of these Terms operates as a transfer of intellectual property between the parties.
9. Personal data
The processing of User personal data is governed by the user privacy policy. The processing of Prospect data imported by the Client is governed by the prospect privacy policy.
In the processing of Prospect data, the Publisher acts as a processor within the meaning of article 28 of the GDPR, and the Client as a controller. The respective commitments of the parties in this processing arrangement are set out in a technical annex available on request at .
10. Changes to the Terms
The Publisher may modify these Terms at any time, in particular to reflect legislative, regulatory or technical changes.
So-called substantial changes (change of purpose, duration, price, jurisdiction, addition of a data processing category) shall be notified at least thirty (30) days in advance by email, with a banner displayed in the user interface inviting users to accept the new version. Failure to accept by the end of the period results in account suspension until acceptance, without prejudice to the Client's right to terminate at no cost.
Minor changes (editorial corrections, clarifications without substantial effect) are published without prior notification, with a minor version bump at the bottom of this page.
The change log is available at the bottom of this page.
11. Governing law and jurisdiction
These Terms are governed by French law. Droit français.
Prior to any contentious action, the parties shall endeavour to resolve their differences amicably. Pursuant to article L.612-1 of the French Consumer Code, failing amicable resolution, a consumer Client may freely refer the matter to a consumer mediator; the list of mediators is available on the website of the French commission for the evaluation and control of consumer mediation. This provision does not apply to Clients acting in a professional capacity.
12. Contact
Any question regarding these Terms may be sent to or to the postal address of (à configurer par l'opérateur) indicated in the legal notice.