Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between you and Prospect 811, LLC, a Montana limited liability company (“Prospect 811,” “we,” “us,” or “our”), governing your use of the Prospect 811 website, application, and related services (collectively, the “Service”) available at prospect811.com.

By creating an account, signing in, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. What the Service Is

Prospect 811 is a data intelligence platform for medical sales professionals. It aggregates, organizes, and visualizes publicly available data published by the U.S. Centers for Medicare & Medicaid Services (CMS) and related public sources (including NPPES and PECOS), and provides tools for searching, analyzing, and tracking healthcare providers and organizations.

2. Eligibility and Accounts

• You must be at least 18 years old and able to form a binding contract to use the Service.
• You are responsible for your account and for keeping your login credentials and email account secure. All activity under your account is your responsibility.
• Accounts are individual. One subscription covers one named user. You may not share login credentials or provide access to the Service to others through your account.
• You agree to provide accurate account information and keep it current.

3. Subscriptions, Billing, and Cancellation

• Access to some or all of the Service requires a paid subscription. Current pricing is shown on the Service.
• Payments are processed by Stripe. We do not store your full payment card details.
• Subscriptions renew automatically at the end of each billing period until cancelled.
• You may cancel at any time through the billing portal. Cancellation takes effect at the end of the current billing period, and you retain access until then.
• Cancellations and refunds are handled per our Refund & Cancellation Policy, including a full refund of your first charge within 14 days for new subscribers. If you believe you were charged in error, contact us at [email protected].
• If we offer a free trial or free tier, we may modify or end it at any time.
• We may change subscription pricing with at least 30 days' notice; changes apply from your next billing period.

4. Acceptable Use

You agree that you will not:

• Scrape, crawl, bulk-download, or systematically extract data from the Service by any automated means, or access the Service by any means other than the interfaces we provide;
• Resell, sublicense, redistribute, or make available the Service or substantial portions of its data or outputs to third parties, or use them to build a competing product or dataset;
• Share your account or circumvent seat, access, or usage restrictions;
• Reverse engineer, decompile, or attempt to extract the source code, underlying databases, or models of the Service;
• Interfere with or disrupt the Service, probe or test its vulnerabilities without written authorization, or impose an unreasonable load on our infrastructure;
• Use the Service for any unlawful purpose, including in violation of healthcare marketing, fraud and abuse, anti-kickback, privacy, or telemarketing laws applicable to your activities.

5. Data Sources, Accuracy, and Important Disclaimers

• The data presented in the Service is derived from public government datasets. These datasets are published on a delay, are periodically revised, and may contain errors, omissions, or outdated information. We do not guarantee the accuracy, completeness, or currency of any data in the Service.
• The Service presents provider-level, aggregated public data only. It does not contain patient-identifiable health information, and you may not use the Service to attempt to identify any patient.
• The Service and its outputs are provided for general informational and business-intelligence purposes only. They do not constitute legal, medical, billing, coding, compliance, or financial advice. You are solely responsible for how you use the data, including compliance with all laws and industry rules that apply to your sales and marketing activities.
• Metrics, trends, scores, and other derived analytics are our own calculations from public data and reflect methodology choices; they are estimates, not facts about any provider's practice.

6. Your Content

The Service lets you store your own working data — notes, contacts, statuses, territories, and similar CRM content (“Your Content”). You retain ownership of Your Content. You grant us a limited license to host, store, process, and display it solely to operate and improve the Service. You are responsible for Your Content and must not store unlawful material or information you have no right to hold — including any patient-identifiable health information.

7. Intellectual Property

The Service — including its software, design, interface, analytics, and compilations of data — is owned by Prospect 811 and protected by intellectual-property laws. Underlying raw government data remains in the public domain. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable license to use the Service and to use exports and outputs for your internal business purposes.

8. Privacy

Our Privacy Policy explains what information we collect, how we use it, and your rights — in short: account information, a session cookie, your saved content, and server logs; billing is handled by Stripe; we do not sell your personal information and use no advertising or third-party analytics trackers. To access or delete your account data, email [email protected].

9. Termination

• You may stop using the Service and cancel your subscription at any time.
• We may suspend or terminate your access immediately if you violate these Terms (including the Acceptable Use rules in Section 4), with no refund for the remaining billing period in cases of violation.
• We may discontinue the Service or any feature with reasonable notice; if we discontinue the paid Service entirely, we will refund the prorated unused portion of prepaid fees.
• Sections 5, 7, and 10–13 survive termination.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DATA WILL BE ACCURATE OR COMPLETE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROSPECT 811 WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

12. Indemnification

You agree to indemnify and hold harmless Prospect 811 and its owners, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Service in violation of these Terms or applicable law, or from Your Content.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of Montana, without regard to its conflict-of-laws rules. Any dispute arising from these Terms or the Service will be resolved in the state or federal courts located in Montana, and you consent to their jurisdiction. Either party may seek relief in small-claims court where eligible.

14. Changes to These Terms

We may update these Terms from time to time. Each version is identified by its version date at the top of this page. For material changes, we will notify you in the app or by email, and you may be asked to accept the updated Terms before continuing to use the Service. Your continued use of the Service after changes take effect constitutes acceptance.

15. General

These Terms are the entire agreement between you and us regarding the Service. If any provision is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

Contact

Questions about these Terms: [email protected]

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