Terms of Service Referral Prospecting Engine
Terms of Service
Referral Prospecting Engine
Operated by Obsidian Thorne, LLC
Last Updated: 1/23/26
1. Company Information
The Referral Prospecting Engine is owned and operated by Obsidian Thorne, LLC.
Business Address:
21515 Vanowen Street, Suite 2212
Canoga Park, CA 91303
United States
Throughout these Terms of Service, “Obsidian Thorne,” “we,” “us,” or “our” refers to Obsidian Thorne, LLC. “You” or “Client” refers to the individual or business entity using the Referral Prospecting Engine.
2. Description of Service
The Referral Prospecting Engine is a proprietary software platform and service designed by Obsidian Thorne to help businesses identify, source, and pursue referral-based opportunities, projects, jobs, and business development leads.
The platform provides tools, data, workflows, and related services intended to support outreach and prospecting efforts. Obsidian Thorne does not guarantee results, placements, contracts, revenue, or outcomes of any kind.
3. Eligibility and Authority
By using the Referral Prospecting Engine, you represent and warrant that:
- You have the legal authority to bind the business you represent
- Your use of the platform is for lawful business purposes only
4. Fees and Payment Terms
All fees paid to Obsidian Thorne are non-refundable, including but not limited to setup fees, onboarding fees, subscription fees, and usage fees. All applicable fees are clearly disclosed and agreed to prior to setup or service activation.
By enrolling in the Referral Prospecting Engine, you acknowledge and agree that:
- No refunds will be issued for any reason
- Failure to use the service does not entitle you to a refund
- Partial use, non-use, or dissatisfaction with results does not constitute grounds for a refund
5. Onboarding and Scheduling Commitment
You are responsible for attending your scheduled onboarding date and time.
If you are unable to attend your onboarding session, you must contact Obsidian Thorne in advance to request a reschedule. Failure to attend without notice may result in delays, forfeiture of onboarding support, or suspension of service at our discretion.
6. Client Responsibilities and Legal Compliance
You are solely responsible for ensuring that your use of the Referral Prospecting Engine complies with all applicable laws and regulations, including but not limited to:
- CAN-SPAM Act
- TCPA and all SMS and text messaging laws
- State, federal, and international email and data privacy laws
- Any industry-specific regulations applicable to your business
You agree that Obsidian Thorne does not provide legal advice and is not responsible for monitoring or enforcing your compliance.
7. Indemnification and Hold Harmless
You agree to indemnify, defend, and hold harmless Obsidian Thorne, LLC, including its owners, officers, executives, employees, contractors, and affiliates, from and against any and all claims, damages, losses, liabilities, costs, and expenses arising out of or related to:
- Your use of the Referral Prospecting Engine
- Your outreach, messaging, email, or SMS campaigns
- Any alleged violation of laws, regulations, or third-party rights
- Any claims brought by prospects, recipients, or third parties
8. Prohibited Activities
You agree not to:
- Attempt to access, probe, reverse engineer, scrape, or compromise the platform
- Interfere with system security, performance, or integrity
- Use the platform for unlawful, deceptive, or abusive purposes
- Share login credentials without authorization
9. Right to Suspend or Terminate Service
Obsidian Thorne reserves the right to suspend or terminate your access to the Referral Prospecting Engine at any time, without refund, if we determine in our sole discretion that:
- You attempted to compromise or manipulate the system
- Your actions pose legal, security, or reputational risk
- You violated these Terms of Service
10. Intellectual Property
All software, content, workflows, designs, processes, data structures, branding, and materials associated with the Referral Prospecting Engine are the exclusive property of Obsidian Thorne, LLC.
You are granted a limited, non-transferable, non-exclusive license to use the platform solely during your active service term.
Open Source Components and AGPL Notice
Certain components of the platform are licensed under the GNU Affero General Public License version 3.0 or later (AGPL).
Pursuant to the AGPL, users are entitled to receive the complete corresponding source code for any AGPL-licensed components that are made available through network interaction, including any modifications made by Obsidian Thorne, LLC to those components.
Requests for AGPL-licensed source code must be submitted in writing to agpl@obsidianthorne.com. Upon receipt of a valid request, Obsidian Thorne will provide the applicable source code in a reasonable format within a reasonable timeframe, as permitted under the AGPL.
This AGPL disclosure applies solely to the components of the platform that are explicitly licensed under the AGPL and does not grant any rights to proprietary, non-AGPL components, including but not limited to proprietary integrations, configurations, datasets, templates, user interfaces, business logic, workflows, or services.
All proprietary components remain the exclusive property of Obsidian Thorne, LLC and are licensed separately under these Terms of Service.
11. No Guarantee of Results
Obsidian Thorne makes no representations or guarantees regarding:
- Lead quality
- Conversion rates
- Revenue outcomes
- Business success
All results depend on factors outside of our control, including your execution, follow-up, market conditions, and compliance.
12. Limitation of Liability
To the maximum extent permitted by law, Obsidian Thorne shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, business interruption, or data loss, arising from your use of the Referral Prospecting Engine.
Our total liability, if any, shall not exceed the amount paid by you to Obsidian Thorne in the preceding thirty days.
13. Governing Law and Venue
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California. Any disputes shall be resolved exclusively in the state or federal courts located in Los Angeles County, California.
14. Modifications
Obsidian Thorne reserves the right to update or modify these Terms of Service at any time. Continued use of the Referral Prospecting Engine constitutes acceptance of the updated terms.
15. Contact Information
For questions regarding these Terms of Service, contact:
Obsidian Thorne, LLC
21515 Vanowen Street, Suite 2212
Canoga Park, CA 91303
