Terms and Conditions

Effective April 11, 2026

Short version: We built this. We own it. You use it because we let you. We collect what we need, share it with who we need to share it with, and run the business the way we see fit. We can change the rules, shut off your access, claw back your commissions, or take the whole thing down whenever we decide it makes sense — no warning, no refund, no apology. Everything you create on this platform belongs to us. Everything you learn here stays here. If you leave, you leave empty-handed. By logging in, you agree to all of that, plus everything below.

1. Acceptance of Terms

By accessing or using the Prosper platform, including any software, tools, dashboards, portals, training materials, CRM integrations, communication systems, mobile applications, or any other service operated by Inside Marketing Inc DBA Prosper Security ("Prosper," "we," "us," "our"), you agree to be bound by these Terms and Conditions in their entirety. These terms govern your use of the platform AND the collection, use, and sharing of your information. If you do not agree, do not log in. Do not use the platform. Walk away.

Your continued use of the platform after any changes to these terms constitutes acceptance of those changes. Ignorance of these terms is not a defense.

2. Ownership of the Platform and All Content

Prosper owns everything. The software, the data, the screens, the workflows, the training, the brand assets, the customer records, the proposal templates, the commission structures, the integrations, the code, the design, the documentation, the algorithms, the automation logic, the AI models trained on platform data — all of it. Every piece of it belongs to Prosper.

You receive a limited, revocable, non-transferable, non-exclusive license to use the platform solely for your authorized role within the Prosper organization. That license exists at our discretion. It is not a right. It is a privilege we extend and can withdraw at any time, for any reason, without owing you anything.

3. Right to Modify

Prosper can change these terms at any time, for any reason, without prior notice. We may notify you of changes, but we are not required to. Your continued use of the platform after any modification means you accept the updated terms. If you do not agree with a change, your only option is to stop using the platform immediately.

4. Right to Revoke Access

Prosper can suspend or terminate any user's access at any time, for any reason or no reason, with or without notice. No refund. No credit. No appeal. No severance. We do not owe you an explanation.

If your access is revoked, you must immediately stop using the platform, delete or return any Prosper materials in your possession, and certify in writing upon request that you have done so. Failure to comply may result in legal action.

5. Right to Change or Discontinue the Service

Prosper can add features, remove features, rebrand, relaunch, restructure, migrate, merge, or shut down the platform entirely at any time. We are not obligated to maintain any particular feature, integration, uptime level, or level of service. The platform exists to serve Prosper's mission, and we will shape it accordingly without consulting you.

6. Acceptable Use

You will not: scrape, crawl, or programmatically extract data from the platform; reverse-engineer, decompile, or disassemble any part of the platform; share your login credentials with anyone; use the platform to compete against Prosper, directly or indirectly; extract customer data, partner data, pricing data, lender terms, installer information, or any other information for use outside the platform; attempt to access areas of the platform you are not authorized to use; circumvent or disable any security features, access controls, or monitoring systems; use the platform for any unlawful purpose; or take any action that could damage, disable, overburden, or impair the platform.

Violation of any of these provisions is grounds for immediate termination of access, forfeiture of any outstanding commissions, and may result in legal action including claims for damages and injunctive relief.

7. Confidentiality

Everything on the platform is confidential. Customer information, commission splits, lender terms, installer pricing, training materials, standard operating procedures, internal communications, partner agreements, sales scripts, proposal structures, rate cards, scorecards, operational playbooks, revenue figures, growth metrics, software architecture, and business strategy — all confidential. All Prosper's property. None of it leaves the platform without written authorization from Prosper leadership.

This obligation survives the termination of your access. Confidential information stays confidential forever. There is no expiration on this obligation.

8. Intellectual Property

Prosper owns all intellectual property associated with the platform. All trademarks, service marks, logos, trade names, designs, code, content, documentation, processes, methodologies, and proprietary systems are the exclusive property of Prosper or its licensors.

You may not use Prosper's name, logo, trademarks, or any intellectual property for any purpose without prior written consent. This includes social media posts, marketing materials, business cards, personal websites, or any other medium.

9. User-Generated Content License

Anything a user creates, uploads, enters, records, or stores on the platform — including but not limited to notes, proposals, email templates, customer records, uploaded documents, voicemails, call recordings, text messages, photos, videos, scripts, workflows, and any other content — becomes Prosper's property. You assign and agree to assign all rights, title, and interest in any such materials to Prosper to the fullest extent permitted by law.

If assignment is not permitted by applicable law, you grant Prosper a perpetual, irrevocable, royalty-free, worldwide, fully sublicensable, transferable license to use, reproduce, modify, distribute, display, create derivative works from, and sublicense those materials without restriction, attribution, or compensation. This license survives termination of your access.

10. Non-Compete and Non-Solicitation

By using the Prosper platform, you agree that during the period of your access and for twenty-four (24) months following the termination of your access for any reason, you will not, directly or indirectly:

Use the platform, its data, its contacts, its customer lists, its installer relationships, its lender partnerships, or any knowledge, methodologies, pricing strategies, or business intelligence gained from the platform to compete with Prosper in any market where Prosper operates or has plans to operate. Solicit, recruit, or attempt to recruit any of Prosper's customers, installers, lenders, partners, vendors, employees, or independent contractors for any purpose outside Prosper business. Divert or attempt to divert any business, opportunity, or relationship away from Prosper. Assist, advise, or provide services to any entity that competes with Prosper using knowledge or relationships gained through the platform.

You acknowledge that Prosper's customer relationships, installer networks, lender partnerships, and business methods represent significant investments of time, money, and effort, and that this non-compete and non-solicitation provision is reasonable and necessary to protect those investments. Violation of this section may result in immediate legal action seeking injunctive relief and damages.

11. Commission and Compensation Disputes

All commission calculations, adjustments, schedules, structures, bonuses, overrides, and payments are at Prosper's sole and absolute discretion. Prosper reserves the right to adjust, withhold, delay, reduce, or claw back commissions for any reason including but not limited to: deal cancellations, customer chargebacks, financing fallouts, permit denials, installation failures, customer complaints, compliance violations, rep misconduct, inaccurate information submitted by the rep, or any other circumstance that Prosper determines warrants adjustment.

By using the platform, you accept Prosper's commission determinations as final. Commission structures may change at any time without prior notice. Past commission rates do not guarantee future commission rates. Prosper is not obligated to pay commissions on deals that do not fully complete, fund, and install to Prosper's satisfaction.

12. Training Materials and Trade Secrets

All training content, scripts, objection handlers, rebuttals, pitch decks, sales playbooks, pricing sheets, lender rate cards, installer scorecards, operational SOPs, onboarding materials, coaching frameworks, compensation structures, market analyses, lead generation strategies, and any other proprietary materials available through the platform are Prosper trade secrets protected under state and federal law.

Reproduction, screenshot, screen recording, photography, copying, downloading, sharing, forwarding, or use of these materials outside the platform is strictly prohibited. Any unauthorized use, disclosure, or distribution of Prosper trade secrets may result in immediate termination of access, forfeiture of outstanding commissions, and legal action seeking injunctive relief, actual damages, and statutory damages under the Defend Trade Secrets Act (18 U.S.C. § 1836) and the South Carolina Trade Secrets Act.

13. Data Portability

Users have no right to export, download, scrape, copy, or take any data with them when their access ends. Customer records, proposals, pipeline data, notes, call logs, commission history, performance metrics, contacts, email threads, text messages, uploaded documents, and any other data stored on the platform — all of it stays with Prosper. Period.

Upon termination of access, you will have no further ability to access, retrieve, or request copies of any data on the platform except as specifically required by applicable law. Prosper has no obligation to provide data exports, transition assistance, or any accommodation whatsoever.

14. Platform Monitoring

Prosper may monitor all activity on the platform including but not limited to: login times and locations, IP addresses, device information, pages visited, features used, proposals created, calls logged and recorded, messages sent and received, files uploaded and downloaded, CRM entries, email activity, session duration, idle time, and any other interaction with the platform. This monitoring is continuous, automated, and exists to protect the business, ensure compliance, improve operations, detect fraud, and enforce these terms.

By using the platform, you consent to this monitoring. You have no expectation of privacy in any activity conducted on or through the platform. Prosper may use monitoring data for any lawful business purpose including performance evaluation, compliance enforcement, and legal proceedings.

15. Information We Collect

When you use the Prosper platform, we collect information necessary to run the business. This includes:

Contact information you provide: name, email address, phone number, mailing address, emergency contacts. Login credentials: username and password. Device and technical information: IP address, browser type, operating system, device identifiers, hardware specifications, and access timestamps. Usage data: pages visited, features used, actions taken within the platform, session duration, click patterns, and navigation paths. Customer records you enter into the platform: homeowner information, property details, utility data, proposal configurations, contract terms, installation records, financing details, and all associated correspondence. Commission and payment data: sales records, commission calculations, payment history, banking information for direct deposit, tax identification numbers. Communications: emails, messages, notes, call recordings, voicemails, text messages, and any other communications sent through or stored on the platform. Geolocation data when accessed from mobile devices or when location services are enabled.

16. How We Use Your Information

We use the information we collect to: operate and maintain the platform; process sales, proposals, and customer installations; calculate and pay commissions to sales representatives; communicate with you about your account, deals, and platform updates; comply with legal and regulatory obligations; improve our products, features, and user experience; train and improve internal AI tools, automation systems, and machine learning models on platform data; analyze platform usage to identify trends, issues, opportunities, and performance patterns; enforce these Terms and Conditions and protect the platform from misuse; investigate potential violations, fraud, or unauthorized access; support dispute resolution and legal proceedings; and any other purpose that serves Prosper's legitimate business operations.

We share information with the people and partners needed to run this business:

Authorized Prosper staff, managers, administrators, and leadership who need access to perform their roles. Affiliated entities and companies under common ownership or control with Prosper. Integration partners that power our platform, including but not limited to: Solo, OpenSolar, Enerflo (proposal and design platforms), Stripe (payment processing), Telnyx (communications), GoHighLevel/GHL (CRM and marketing automation), Google Workspace, and other software providers we integrate with now or in the future. Lenders and third-party ownership (TPO) partners that Prosper works with to finance solar and home improvement installations. Installers and subcontractors performing work on Prosper-originated projects. Background check and verification services. Insurance carriers and bonding companies. Professional advisors including attorneys, accountants, and auditors. Law enforcement, government agencies, or other parties when required by law, subpoena, court order, or when we believe disclosure is necessary to protect our rights, investigate fraud, your safety, or the safety of others. Potential acquirers, successors, or merger partners in connection with any sale, merger, acquisition, or reorganization of Prosper or its assets.

18. Data We Don't Sell

We do not sell your personally identifiable information to unrelated third parties for their independent marketing purposes. Period. Sharing data with the business partners listed above to operate the Prosper platform is not a sale — it is how the business works. If the legal definition of "sale" under any applicable privacy law captures any of our data sharing practices, this disclosure serves as your notice.

19. Third-Party Integrations

Prosper uses third-party services to operate the platform, including but not limited to GoHighLevel (GHL), Solo, OpenSolar, Enerflo, Stripe, Telnyx, Google Workspace, Twilio, AWS, and others that may be added or changed at any time. Data flows through these services as necessary for platform operations.

You acknowledge and agree that: Prosper is not liable for any third-party service outages, downtime, data handling practices, security incidents, or breaches; third-party services are governed by their own terms of service and privacy policies; Prosper does not control or guarantee the security, availability, or performance of third-party services; and your use of the platform constitutes acceptance of data flowing through these third-party services.

20. Cookies and Tracking

Yes, we use cookies, local storage, session storage, pixels, web beacons, and similar tracking technologies. They help us keep you logged in, remember your preferences, understand how you use the platform, measure performance, and improve your experience. Some of our integration partners may also place cookies and tracking technologies. By using the platform, you consent to our use of these technologies without limitation.

21. Data Retention

We keep data as long as we need it for business and legal reasons. Customer records, transaction history, commission data, communications, call recordings, and platform activity logs may be retained indefinitely for compliance, dispute resolution, operational continuity, legal defense, and business intelligence. When data is no longer needed, we may delete it or anonymize it at our discretion. We are not obligated to delete data on any particular timeline unless specifically required by applicable law, and we will evaluate any such requirements on a case-by-case basis.

22. User Rights and Requests

You can request access to the personal data we hold about you. You can request correction of inaccurate personal data. You can request deletion of your personal data. However, Prosper can deny any request that conflicts with legal obligations, contractual requirements, legitimate business interests, or records we are required or choose to retain for dispute resolution, compliance, or operational purposes.

We do not make blanket CCPA, GDPR, or other regulatory promises unless Prosper specifically and explicitly decides to extend those rights. If you are located in a jurisdiction with specific data protection laws, contact us and we will evaluate your request on a case-by-case basis at our discretion.

To make a request, email support@prosper.energy. We will respond within a timeframe we deem reasonable.

23. Children

The Prosper platform is not intended for anyone under the age of 18. We do not knowingly collect personal information from minors. If we discover that a user is under 18, we will terminate their access and delete their data.

By using the platform, you consent to receive all communications, notices, agreements, disclosures, and other materials from Prosper electronically, including via email, in-platform notifications, text messages, and any other electronic means. You agree that all such electronic communications satisfy any legal requirement that such communications be in writing.

You further agree that electronic signatures, electronic acceptances (including click-through and browse-wrap agreements), and electronic records are legally binding and enforceable to the fullest extent permitted by applicable law, including the federal Electronic Signatures in Global and National Commerce Act (E-SIGN), the Uniform Electronic Transactions Act (UETA), and any applicable state electronic transaction laws.

25. No Warranties

The platform is provided "AS IS" and "AS AVAILABLE." Prosper makes no warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, reliability, availability, or uninterrupted operation. We do not guarantee uptime. We do not guarantee accuracy. The platform may have bugs. It may go down. Features may break. Data may be lost. That is the deal.

26. Limitation of Liability

To the maximum extent permitted by law, Prosper, its officers, directors, employees, agents, affiliates, and partners shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, goodwill, anticipated savings, or any other intangible losses, arising out of or related to your use of or inability to use the platform, regardless of the theory of liability (contract, tort, strict liability, or otherwise), even if Prosper has been advised of the possibility of such damages.

Prosper's total aggregate liability for any and all claims arising under or related to these terms shall not exceed one hundred dollars ($100.00) or the total amount you paid directly to Prosper in the thirty (30) days immediately preceding the event giving rise to the claim, whichever is less.

27. Indemnification

You agree to indemnify, defend, and hold harmless Prosper, its officers, directors, employees, agents, affiliates, partners, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: your use of the platform; your violation of these terms; your violation of any applicable law, regulation, or third-party rights; any content you submit, post, or transmit through the platform; any misrepresentation made by you; or any claim that your actions caused damage to a third party.

28. Force Majeure

Prosper shall not be liable for any failure or delay in performing its obligations under these terms where such failure or delay results from events beyond Prosper's reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, fire, flood, earthquake, hurricane, tornado; war, terrorism, civil unrest, government actions, sanctions, embargoes; power outages, internet service disruptions, telecommunications failures, cyberattacks, DDoS attacks; third-party service provider outages or failures; labor disputes, strikes; or any other event beyond Prosper's reasonable control. During any force majeure event, Prosper's obligations are suspended for the duration of the event without penalty.

29. Arbitration and Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Charleston County, South Carolina, under the rules of the American Arbitration Association ("AAA") then in effect.

BY AGREEING TO THESE TERMS, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL. You also agree to waive any right to participate in a class action, collective action, or representative action against Prosper. All claims must be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

The arbitrator's decision shall be final and binding. Judgment on the arbitration award may be entered in any court having jurisdiction. Each party shall bear its own costs and attorneys' fees unless the arbitrator determines otherwise. The arbitration shall be confidential, and neither party may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, except as required by law.

30. Governing Law

These terms shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to conflict of law principles. For any matters not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Charleston County, South Carolina, and waive any objection based on inconvenient forum, lack of personal jurisdiction, or improper venue.

31. Survival

The following sections survive the termination or expiration of your access to the platform for any reason: Ownership of Platform and Content, Confidentiality, Intellectual Property, User-Generated Content License, Non-Compete and Non-Solicitation, Commission and Compensation Disputes, Training Materials and Trade Secrets, Data Portability, Platform Monitoring, Data Retention, No Warranties, Limitation of Liability, Indemnification, Arbitration and Dispute Resolution, Governing Law, and this Survival section. These provisions remain in full force and effect indefinitely after your access ends.

32. Entire Agreement, Severability, and No Waiver

These Terms and Conditions constitute the entire agreement between you and Prosper regarding your use of the platform and the handling of your information, and supersede all prior agreements, understandings, representations, and communications on the subject, whether written or oral.

If any provision of these terms is found to be unenforceable, invalid, or void by a court of competent jurisdiction or arbitrator, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect. The parties agree that the court or arbitrator shall modify any overbroad provision to make it enforceable rather than striking it entirely.

Prosper's failure to enforce any right or provision of these terms shall not constitute a waiver of that right or provision. A waiver of any term on one occasion shall not be deemed a waiver of any other term or of the same term on any other occasion.

33. Changes to These Terms

We can update these Terms and Conditions at any time without prior notice. Changes take effect immediately upon posting. Your continued use of the platform after changes are posted constitutes your acceptance of the updated terms. We recommend checking this page periodically, but ultimately it is your responsibility to stay informed.

34. Contact

Questions about these terms? Reach us at support@prosper.energy.