Terms of Service

Last updated: December 17, 2025

Welcome to PacketProspector. These Terms of Service ("Terms") govern your access to and use of our platform, website, and services. By using PacketProspector, you agree to be bound by these Terms.

1. Agreement to Terms

By creating an account, accessing, or using PacketProspector ("Platform," "Service," "we," "our," or "us"), you agree to these Terms of Service and our Privacy Policy. If you do not agree, do not use our services.

You represent that you are at least 18 years old and have the authority to enter into these Terms on behalf of yourself or the organization you represent.

2. Description of Service

PacketProspector is a multi-tenant software-as-a-service (SaaS) platform designed for Internet Service Providers (ISPs). Our platform includes:

• Lead management and CRM functionality
• Service area mapping and management
• Customer account management
• Installation and appointment scheduling
• Billing and payment processing
• SMS and email communication tools
• Fiber network mapping (Enterprise plans)
• Analytics and reporting

Features vary by subscription plan. We reserve the right to modify, update, or discontinue features with reasonable notice.

3. Account Registration

To use our Service, you must:

• Create an account with accurate, complete information
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized access
• Accept responsibility for all activities under your account

We reserve the right to refuse service, terminate accounts, or remove content at our discretion.

4. Subscription Plans and Pricing

4.1 Subscription Terms

• Subscriptions are billed monthly or annually in advance
• Prices are subject to change with 30 days notice
• Promotional pricing is valid for the promotional period only
• All fees are non-refundable except as required by law

4.2 Usage Limits

Each plan includes limits on service areas, leads, team members, and other features. Exceeding limits may require upgrading your plan or incur additional fees.

4.3 Free Trial

Free trials are subject to our then-current trial terms. We reserve the right to limit or discontinue free trials at any time.

5. Payment Terms

• Payment is due at the start of each billing period
• You authorize us to charge your designated payment method
• Failed payments may result in service suspension
• You are responsible for all applicable taxes
• Disputes must be raised within 60 days of the charge

6. Your Data and Content

6.1 Your Ownership

You retain ownership of all data and content you upload to the Platform ("Your Data"). We do not claim ownership of Your Data.

6.2 License to Us

You grant us a limited license to use, process, and store Your Data solely to provide the Service to you. This license terminates when you delete Your Data or close your account.

6.3 Your Responsibilities

You are responsible for:

• The accuracy and legality of Your Data
• Obtaining necessary consents from your customers
• Complying with applicable privacy and data protection laws
• Maintaining backups of critical data

6.4 Data Deletion

Upon account termination, Your Data will be retained for 30 days then deleted. You may request earlier deletion by contacting support.

7. SMS and Communication Features

When using SMS features, you agree to:

• Obtain proper consent before sending messages to your customers
• Include opt-out instructions in all messages
• Honor opt-out requests immediately
• Comply with all applicable telecommunications laws
• Not send spam, unsolicited messages, or illegal content
• Maintain records of consent as required by law

SMS features are provided through third-party providers (Azure Communication Services). Additional terms and per-message charges may apply.

8. Acceptable Use Policy

You agree not to use the Service to:

• Violate any laws, regulations, or third-party rights
• Upload viruses, malware, or harmful code
• Attempt to gain unauthorized access to our systems
• Interfere with the Service or other users' access
• Send spam or unsolicited communications
• Impersonate others or provide false information
• Engage in fraudulent or deceptive practices
• Reverse engineer, decompile, or disassemble the Service
• Resell, sublicense, or redistribute the Service without authorization

Violation may result in immediate termination without refund.

9. Intellectual Property

9.1 Our Rights

PacketProspector, including its software, design, logos, and documentation, is owned by us or our licensors. You may not copy, modify, or create derivative works without our permission.

9.2 Feedback

If you provide feedback or suggestions, you grant us a royalty-free license to use them without obligation to you.

10. Third-Party Services

Our Platform integrates with third-party services (payment processors, mapping providers, communication services). Your use of these services is subject to their terms. We are not responsible for third-party services.

11. Service Availability

We strive for high availability but do not guarantee uninterrupted service. The Service may be temporarily unavailable for:

• Scheduled maintenance (with advance notice when possible)
• Emergency maintenance or security updates
• Circumstances beyond our reasonable control

Service level agreements (SLAs) may apply to certain enterprise plans.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND
• WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM

Some jurisdictions do not allow these limitations, so they may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless PacketProspector, its officers, directors, employees, and agents from any claims, liabilities, damages, or expenses (including attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any laws or third-party rights
• Your Data or content
• Your SMS or communication practices

14. Termination

14.1 By You

You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of the current billing period.

14.2 By Us

We may suspend or terminate your access for:

• Non-payment after reasonable notice
• Violation of these Terms
• Suspected fraudulent or illegal activity
• Extended inactivity
• Discontinuation of the Service (with reasonable notice)

14.3 Effect of Termination

Upon termination:

• Your access to the Service will end
• You may request export of Your Data within 30 days
• Provisions that should survive termination (indemnification, limitation of liability, etc.) will survive

15. Dispute Resolution

15.1 Informal Resolution

Before filing any claim, you agree to contact us and attempt to resolve the dispute informally for at least 30 days.

15.2 Arbitration

Any disputes not resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in English.

15.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitration.

16. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes at least 30 days before they take effect. Your continued use after changes constitutes acceptance. If you do not agree to changes, you must stop using the Service.

17. General Provisions

• Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and PacketProspector.
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
• Waiver: Our failure to enforce any provision is not a waiver of our right to enforce it later.
• Assignment: You may not assign these Terms without our consent. We may assign our rights at any time.
• Governing Law: These Terms are governed by the laws of the State of Delaware, USA.
• Force Majeure: We are not liable for delays or failures due to circumstances beyond our reasonable control.

18. Contact Us

If you have questions about these Terms of Service: