1. Introduction
Welcome to Prospek.app, a service operated by PT SAHABAT DALAM INOVASI, a company registered in Indonesia, with its address at Bellezza BSA 1st Floor Unit 106, Jl. Letjen Soepeno, Permata Hijau, Kel. Grogol Utara, Kec. Kebayoran Lama, Kota Adm. Jakarta Selatan, DKI Jakarta 12210 (“we,” “us,” or “our”). By accessing or using the website (https://prospek.app) or the mobile application (collectively, the “Service”), you agree to these Terms & Conditions (“Terms”). If you do not agree, you may not access the Service.
2. Use of Service
Prospek.app provides tools to help SMEs manage their business communications effectively. By using the Service, you acknowledge:
Connection methods. Prospek lets you connect messaging channels in more than one way. Where Prospek offers an official WhatsApp connection, it uses the WhatsApp Business Platform (Cloud API) provided by Meta, and Instagram connects through Meta’s official API. Prospek is an independent product and is not affiliated with or endorsed by Meta Platforms, Inc., WhatsApp LLC, or their affiliates; WhatsApp and Instagram are trademarks of Meta.
Other WhatsApp connection methods. Where Prospek offers a WhatsApp connection that does not use the WhatsApp Business Platform, that method is not provided or approved by Meta and may not comply with WhatsApp’s terms. If you choose it, you accept the risk that WhatsApp restricts or bans the connected number, and we are not responsible for those consequences. This does not apply to the official WhatsApp Business Platform connection.
2A. Your Responsibilities for Messaging Channels
When you connect a WhatsApp or Instagram account to Prospek, you are the business responsible for those conversations. You must: (a) comply with the Meta Platform Terms, the Meta Terms for WhatsApp Business Platform, the WhatsApp Business Messaging Policy, the Meta Developer Policies and any other Meta terms that apply to your account, for every Meta channel you connect; (b) only message people who have given you their number or account and have opted in to receive messages from you, and honour every opt-out promptly; (c) have a legal basis under applicable law, including Indonesia’s Personal Data Protection Law (UU No. 27/2022), for the personal data of your customers that you process in Prospek, and give them a privacy notice; (d) not use data obtained through these channels to build profiles, or share, sell or transfer it, except as those terms allow; and (e) not use Prospek for any use prohibited by those terms or policies. We may suspend a channel or your account if you breach this section or if Meta requires us to.
3. Subscriptions and Payments
Billing Cycles: Subscriptions automatically renew on a monthly or annual basis unless canceled.
Payment: Payments are processed through a third-party payment processor. All fees are non-refundable except where required by law.
Revisions: Subscription fees may change with a 10-day prior notice. Users are responsible for ensuring payment details are accurate.
Cancellation: Users may cancel their subscription at any time. Cancellation will take effect at the end of the current paid term, and users will continue to have access to the Service until the term ends. No refunds will be provided for the unused portion of the subscription term.
Refunds: Refunds, if applicable, will exclude fees charged by payment gateways.
4. Service Limitations and Disclaimers
Service Availability: The Service is provided “as is” without guarantees of uptime or compatibility with external platform updates.
Account Blocks: We are not liable for account bans, restrictions, or penalties resulting from users’ actions or third-party platform policies.
No Endorsement: Prospek is not affiliated with or endorsed by Meta Platforms, Inc., WhatsApp LLC, or any of their affiliates.
5. Disclaimer and Limitation of Liability
5.1 Independent Tool
Prospek is an independent product designed to help SMEs manage their business communications. We are not affiliated with or endorsed by Meta Platforms, Inc., WhatsApp LLC, or their affiliates; WhatsApp and Instagram are trademarks of Meta.
5.2 Other WhatsApp Connection Methods
If you use a WhatsApp connection that does not use the WhatsApp Business Platform (see Section 2), we assume no responsibility for any consequences of that choice, including account restrictions, bans, or penalties imposed by WhatsApp. This does not apply to the official WhatsApp Business Platform connection.
5.3 Service Interruptions
We cannot guarantee uptime or uninterrupted access to the Service. Users accept that the Service may become temporarily unavailable due to updates to WhatsApp’s platform, system maintenance, or other factors beyond our control. No refunds will be issued for downtime.
5.4 Limitation of Liability
Under no circumstances shall Prospek.app be liable for:
Losses arising from WhatsApp account restrictions or bans that result from a connection method described in Section 5.2.
Indirect, incidental, or consequential damages, including lost profits, data loss, or business interruptions.
Our total liability is limited to the amount you paid for the Service in the one (1) month preceding the claim.
5.5 Indemnification
Users agree to indemnify and hold us harmless from any claims, damages, or liabilities arising from:
Their use of the Service.
Violations of applicable laws or third-party rights.
Breach of these Terms.
6. Termination
We reserve the right to suspend or terminate your access to the Service for breach of these Terms. Users may cancel their subscription at any time, effective at the end of the current billing cycle.
7. Third-Party Services
The Service integrates with trusted third-party tools and platforms for payment processing, hosting, and other functionalities. Use of these tools is governed by their respective terms and privacy policies. While we ensure these partners comply with data protection standards, we are not responsible for their independent practices.
Sub-processors: To the extent we process personal data of your customers on your behalf, you give us general written authorisation to engage the service providers described in our Privacy Policy as sub-processors (hosting on Microsoft Azure, and messaging platform, payment, email delivery and error monitoring providers). Their standard terms apply by default, and we bind them by written terms, and we will notify you of changes by updating the Privacy Policy.
Data breach notification: We will notify you without undue delay, and in any case in time for you to meet your legal deadlines, after we become aware of a personal data breach affecting your workspace, with the information required by law.
8. Amendments
We may update these Terms periodically. Continued use of the Service after changes are posted constitutes acceptance of the revised Terms. We will notify you of any changes by posting the new Terms of Service on this page and updating the "last updated" date at the top of this Terms of Service.
9. Governing Law and Disputes
These Terms are governed by the laws of the Republic of Indonesia. Any dispute arising from these Terms or the Service is submitted to the courts of South Jakarta (Pengadilan Negeri Jakarta Selatan).
10. Contact
For privacy, data deletion, account closure, or legal questions, contact us at legal@prospek.app. For general support, contact us at contact@prospek.app.