These Terms of Service (“Terms”) govern access to and use of the Top Prospect platform at topprospect.net (the “Service”), operated by ARIA INTELLIGENCE PTE. LTD. (“Top Prospect,” “we,” “us”). By creating an account or using the Service, the entity you represent (“Customer,” “you”) agrees to these Terms.
1. Eligibility — Business Customers Only
The Service is offered exclusively to businesses, sole proprietors acting in a business capacity, and other organizations. The Service is not offered to consumers acting for personal, family, or household purposes, and individual consumers may not register for or use the Service. By registering, you represent that you are acting in a business capacity and that you have authority to bind the entity on whose behalf you register. You must be at least 18 years old.
2. Description of the Service
Top Prospect allows Customers to connect their own, duly authorized Telegram account to the Service in order to monitor Telegram groups the Customer already has access to, apply Customer-defined keyword and/or AI-based semantic rules, and receive notifications when messages match those rules.
Top Prospect does not supply, recommend, or provide access to any Telegram group. The Customer is solely responsible for the groups it chooses to connect and for having a lawful basis and legitimate right to monitor those groups and to act on any information obtained.
Top Prospect provides lead analysis only. We do not contact, message, or otherwise communicate with any individual on Customer’s behalf. Whether and how to make contact with any individual identified through the Service — including via Customer’s own Telegram account — is a decision made solely by Customer.
3. Customer Responsibilities and Prohibited Uses
By using the Service, Customer represents, warrants, and agrees that it will:
- comply with Telegram’s own Terms of Service and applicable platform rules;
- comply with all applicable laws, including data protection law (e.g., GDPR/UK GDPR), anti-spam and electronic communications law, and consumer protection law, in every jurisdiction in which individuals identified through the Service are located;
- have an appropriate lawful basis before processing any personal data obtained through the Service and before contacting any individual identified through the Service;
- be solely responsible for any outreach, solicitation, or other contact made with individuals identified via the Service, and for the content and manner of that contact;
Customer will not use the Service to:
- monitor or target groups it does not have a good-faith, lawful right to access;
- stalk, harass, intimidate, or unlawfully surveil any individual;
- impersonate any person or entity, or engage in deceptive or fraudulent solicitation;
- target, identify, or profile minors;
- intentionally extract or act upon special-category personal data (e.g., health, religious, or political information) about identified individuals;
- engage in unlawful discrimination against any identified individual;
- violate the intellectual property, publicity, or privacy rights of any person; or
- use the Service in furtherance of any illegal purpose, including fraud, financial crime, or the facilitation of unlawful goods or services.
We may suspend or terminate access immediately, without refund, for any violation of this Section.
4. Data Processing Agreement
To the extent Customer’s use of the Service involves Top Prospect processing personal data on Customer’s behalf (Monitored-Group Data, as defined in our Privacy Policy), the Data Processing Agreement at https://www.topprospect.net/data-processing-agreement is incorporated into and forms part of these Terms. Customer acknowledges it is the data controller for such data and Top Prospect is the data processor.
5. Accounts
Customer is responsible for maintaining the confidentiality of login credentials and for all activity occurring under its account. Customer must notify us promptly of any unauthorized use.
6. Subscription Plans, Tokens, and Billing
- Free Tier: includes a monthly token allowance at no charge, as described at topprospect.net/pricing, subject to change or discontinuation at our discretion.
- Paid Tiers: Entry, Mid, and High tiers, each with a monthly token allowance as described at pricing page. Fees are billed in advance on a monthly or annual basis, as selected by Customer.
- Top-Up Packs: additional tokens may be purchased once a plan’s allowance is exhausted, at the rate published at pricing page. Top-up token rates may be higher per-unit than the rate included in subscription tiers.
- Annual Plans: billed annually in advance at the discounted rate published at checkout. Annual plans renew automatically unless cancelled prior to the renewal date.
- Auto-Renewal: all subscriptions renew automatically for successive periods equal to the expired period unless cancelled before the renewal date via the account dashboard.
- Taxes: fees are exclusive of applicable taxes, which Customer is responsible for, except where we are required to collect them.
- We may change pricing prospectively with 30 days’ notice; changes apply from the next renewal date.
7. Refunds
Refunds are governed by our Refund Policy at topprospect.net/refund-policy, which is incorporated into these Terms.
8. Intellectual Property
Top Prospect retains all right, title, and interest in and to the Service, including all software, models, and documentation. Customer retains all rights in data it inputs, including its rule configurations. We grant Customer a limited, non-exclusive, non-transferable license to access and use the Service during the subscription term for Customer’s internal business purposes.
9. Telegram Platform Dependency
The Service depends on Telegram’s platform and APIs, which we do not control. Telegram may restrict, rate-limit, or suspend accounts for reasons outside our control, including automated-use policies. We are not responsible for any suspension, restriction, or loss of access to Customer’s Telegram account, and no refund will be issued on that basis except as required by law.
10. Disclaimers
THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT AI-GENERATED ASSESSMENTS ARE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR DECISION, AND CUSTOMER IS SOLELY RESPONSIBLE FOR VERIFYING AND ACTING ON ANY OUTPUT.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOP PROSPECT’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE FEES PAID BY CUSTOMER IN THE 12 MONTHS PRECEDING THE CLAIM. IN NO EVENT WILL TOP PROSPECT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY CLAIM ARISING FROM CUSTOMER’S OUTREACH TO OR TREATMENT OF INDIVIDUALS IDENTIFIED VIA THE SERVICE.
12. Indemnification
Customer will indemnify, defend, and hold harmless Top Prospect and its officers, employees, and affiliates from any claim, liability, damage, or expense (including reasonable legal fees) arising from: (a) Customer’s use of the Service in violation of Section 3; (b) Customer’s failure to have a lawful basis for monitoring any group or contacting any identified individual; or (c) any claim brought by a third party (including an identified individual or Telegram) arising from Customer’s use of information obtained through the Service.
13. Suspension and Termination
We may suspend or terminate the Service, in whole or part, immediately and without liability, if we reasonably believe Customer has violated these Terms, poses a legal or security risk, or upon Telegram’s request. Customer may cancel at any time via the dashboard; cancellation takes effect at the end of the current billing period, subject to our Refund Policy.
14. Governing Law and Disputes
These Terms are governed by the laws of Singapore, without regard to conflict-of-law principles. Disputes will be resolved in the courts of Singapore, except that either party may seek injunctive relief in any court of competent jurisdiction.
15. Changes to These Terms
We may update these Terms from time to time. Material changes will be notified by email or in-app notice at least 14 days before taking effect.
16. General Provisions
Force Majeure: Neither party is liable for any failure or delay in performance (excluding payment obligations) resulting from events beyond its reasonable control, including internet or telecommunications failures, changes to Telegram’s platform or API, acts of government, or natural disasters.
Severability: If any provision of these Terms is found unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force.
Entire Agreement: These Terms, together with the Privacy Policy, Data Processing Agreement, and Refund Policy, constitute the entire agreement between the parties regarding the Service and supersede any prior agreements on the subject.
Assignment: Customer may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, upon notice to Customer.
No Waiver: Failure to enforce any provision of these Terms is not a waiver of our right to do so later.
Notices: Notices to Customer may be given via the email address or in-app notification associated with Customer’s account. Notices to us should be sent to support@topprospect.net.
Survival: Sections 3 (Customer Responsibilities and Prohibited Uses), 8 (Intellectual Property), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), 14 (Governing Law and Disputes), and this Section 16 survive termination of these Terms.
17. Contact
ARIA INTELLIGENCE PTE. LTD.
91 Bencoolen Street, #12-03 Sunshine Plaza, Singapore 189652
support@topprospect.net · Telegram @Topprospect