Terms of Service
These terms of service (“Terms of Service”) govern the provision of and your access to the Services (as defined below) by Pitchpilot USA LLC (“Pitchpilot” or “we”) on the web-based platform accessible at www.pitchpilot.com (the “Platform”) to users of the Platform or the entities that such user represent (“Customers” or “you”).
These Terms of Service are a binding contract between you and Pitchpilot. These Terms of Service take effect at the earliest of when you complete the registration process by creating an Account (as defined below), access or use the Platform, or otherwise access or use any of the Services, and by so doing you expressly accept to be bound by these the Platform Policies (as defined below), and Pitchpilot’s provision of the Services is expressly conditioned on your acceptance of the Platform Policies.
PLEASE BE AWARE THAT SECTION 16 (ARBITRATION AGREEMENT) OF THE AGREEMENT BELOW CONTAINS PROVISIONS GOVERNING HOW ANY DISPUTES BETWEEN US WILL BE RESOLVED. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL. PLEASE BE AWARE THAT SECTION 14 (PITCHPILOT COMMUNICATIONS) OF THESE TERMS OF SERVICE BELOW CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING, AS APPLICABLE, VIA E-MAIL, TEXT MESSAGE, CALLS, IN-APP MESSAGE AND PUSH NOTIFICATION. IF YOU SUBSCRIBE TO OUR SERVICES, THEN THESE TERMS OF SERVICE WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL PERIOD AT PITCHPILOT’S CURRENT FEE FOR SUCH SERVICES UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 10.
1. Eligibility
The Services shall only be purchased, or otherwise subscribed to, and the Platform shall only be accessed for personal use, and not for resale or other commercial purposes, by users who are at least 18 years old. By accessing, browsing or using the Platform and/or subscribing to the Services, you represent and warrant that (a) you are of legal age to form a binding contract with Pitchpilot and, in any event, at least eighteen (18) years of age; and (b) you have the authority to enter into this agreement personally or on behalf of the legal entity identified during the account registration process, and to bind that legal entity to these Terms of Service. IF YOU, OR IF APPLICABLE, SUCH LEGAL ENTITY, DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOU, AND IF APPLICABLE, SUCH LEGAL ENTITY, MAY NOT ACCESS OR USE THE PLATFORM OR ANY OF THE SERVICES.
2. Services
The Services consist of all of the products and services accessible via the Platform, or otherwise made available by us, for purposes of providing AI Technology tools to analyze and provide tips on how to improve the quality, content, and success rate of sales calls and cold call scripts. (the “Services”). For the purposes of these Terms of Service, “AI Technology” means any and all machine learning, deep learning, and other artificial intelligence technologies, including statistical learning algorithms, models (including large language models), neural networks, and other artificial intelligence tools or methodologies, all software implementations of any of the foregoing, and related hardware or equipment. As part of the Services, we offer two subscription options that you may choose from: a free subscription plan (“Free Subscription”) and a premium subscription plan (“Premium Subscription” and together with the Free Subscription, the “Subscriptions”), which are described below.
Free Subscription
By creating an Account, you will automatically receive five (5) Credits (as defined below) per month in your Account. The Free Subscription does not provide you with access to the premium features described more fully on the Platform, as amended from time to time (“Premium Features”). You may access the Premium Features at additional cost.
Premium Subscription
By (a) creating an Account and paying the Subscription Fee (as defined below) or (b) upgrading your Free Subscription to the Premium Subscription by paying the Subscription Fee (as defined below), you will automatically receive twenty (20) Credits (as defined below) per month in your Account and get access to the Premium Features. By choosing the Premium Subscription, you shall pay a monthly fee set forth on the Platform, as amended from time to time in Pitchpilot’s sole discretion (the “Subscription Fee”). The Subscription Fee will be charged on a monthly basis, unless the Premium Subscription is cancelled in accordance with Section 5 below. For more information about our Subscriptions and pricing please see the “Pricing” sections on the Platform.
Pay-Per-Credit for Premium Subscribers
If you are subscriber of the Premium Subscription, you may purchase Credits (as defined below) on a pay-per-credit basis, in accordance with the payment terms described below (“Pay-Per-Credit”). Credits purchased on a Pay-Per-Credit basis are available to you for a period of one (1) month from the date of purchase. By choosing the Pay-Per-Credit option, you will be billed instantly when placing the purchase. A “Credit” can be redeemed to obtain certain Services offered through the Platform, as listed thereon. The specific amount of Credits needed to obtain certain Services may vary among the Services and is subject to change from time to time in Pitchpilot’s sole discretion. Credits are not cash equivalents, virtual tokens, or virtual currency, and they have no cash value. You have no legal interest or property or other rights to Pitchpilot, and they cannot be bought, sold or transferred in any way, to any other user of the Services (including upon death or as part of a domestic relations matter). In addition to any specific rules and descriptions for each issuance of Credits, as may be described more fully on the Platform, as amended from time to time, which are hereby incorporated herein by reference, these Terms of Service apply to all purchasing of Credits. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU SHOULD NOT ACCEPT CREDITS THROUGH THE PLATFORM OR THE SERVICES.
Third Party Products
The Services may integrate access to or aspects of Third-Party Products. For purposes of these Terms of Service, such Third-Party Products are subject to their own terms and conditions presented to you for acceptance within the Services by website link or otherwise. If you do not agree to abide by the applicable terms for any such Third-Party Products, then you should not install, access, or use such Third-Party Products. For the purposes of these Terms of Service, “Third-Party Products” means any products, content, services, information, websites, integrations, or other materials that are owned by third parties and are incorporated into or accessible through the Services, including any thirty-party AI Technology.
Aggregated Statistics.
Notwithstanding anything to the contrary in these Terms of Service, Pitchpilot may monitor your use of the Services and collect and compile data and information related to your use of the Services to be used by Pitchpilot in an aggregated and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services (“Aggregated Statistics”). As between Pitchpilot and you, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Pitchpilot. You agree that Provider may use and make publicly available Aggregated Statistics to the extent and in the manner permitted under applicable law.
3. Account
In order to access the Services, you shall be required to register an account with Pitchpilot through the Platform (“Account”). For registering an Account, you must have a valid email address. In registering your Account, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by any other persons, including minors, and you will accept full responsibility for any such unauthorized use. You agree to notify Pitchpilot immediately of any unauthorized use of or access to your Account or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or Pitchpilot has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Pitchpilot has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You may establish only one (1) Account per person to participate in the Services, and should Pitchpilot discover that you have opened more than one (1) Account per person, in addition to any other rights that Pitchpilot may have, Pitchpilot reserves the right to suspend or terminate any or all of your Accounts. Pitchpilot reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Services if you have been previously removed by Pitchpilot, or if you have been previously banned from any of the Services. We reserve the right to deny or rescind any username, in our sole discretion, that we determine to be vulgar, demeaning, obscene, illegal, or claims the identity of another person other than you. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Pitchpilot.
4. Prohibited Uses of the Services
Unless otherwise permitted under these Terms of Service, you may not: (a) use the Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms of Service or the present Section, or is otherwise threatening, fraudulent, or harmful in any way; (b) use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Services; (c) use or attempt to use another user’s account or information without authorization from that user and us; (d) use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner; (e) reverse engineer, disassemble, decompile, decode, or duplicate any aspect of the Services or do anything that might derive or gain access to any source code, algorithm, model, model weights, and parameters, or other underlying AI Technology or component of the Services, or bypass or circumvent (i) measures employed to prevent or limit access to or use of any part of the Services or (ii) restrictions aimed at deterring or preventing uses of the Services that violate this Section; (f) develop or use any applications or software that interact with the Services without our authorization (such as through our APIs); (g) use any part of the Services or their Output (as defined below) to research and develop products, models and services that compete with Pitchpilot; (h) use any part of the Services or their Output (as defined below) as input for any machine learning or artificial intelligence technology that is not provided to you by us; (i) use any part of the Services or their Output (as defined below) as part of a dataset that may be used for training, fine-tuning, developing, testing or improving any other AI Technology.
5. Prices and Payment Methods
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your Subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”) and to share payment information and instructions required to complete the payment transactions between Pitchpilot, our payment processors, and their third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Order. If you want to change or update your payment method information, you can do so at any time by logging into your Account. If a payment is not successfully settled and you do not edit your payment method information or cancel your Subscription or Account, you remain responsible for any uncollected amounts and, with respect to your Subscription, authorize us to continue billing the payment method, as it may be updated. You acknowledge that the amount billed may vary due to promotional offers, preferences you select, changes you make to your Subscription, or changes in applicable taxes or other charges, and you authorize us or our third party-payment processor to charge your payment method for the corresponding amount. We reserve the right to adjust prices in our sole discretion, at any time and without notice to you; provided, however, that we will provide you with at least fifteen (15) days’ advance notice of any price changes with your specific Subscription. All prices shown on the Platform are in U.S. dollars. Any applicable taxes and other fees or charges are not included and are additional to any prices shown on the Platform. Prices, taxes or other fees may vary geographically. All payments made through the Platform are secure; for more information on Pitchpilot secure collection of your payment information, please visit our Privacy Policy [https://www.pitchpilot.com/privacy] (“Privacy Policy”). Your Order is confirmed when we send you a confirmation, in the form of a confirmation page or email.
6. No Refunds
All payments are final. NO REFUNDS will be issued and NO EXCHANGES will be accepted, to the fullest extent allowed by applicable law.
7. Changes to the Services, the Subscriptions, or the Premium Features
We may change or discontinue all or any part of the Services, the Subscriptions, or the Premium Features at any time and without notice, at our sole discretion.
8. Customer Content
You may provide content as input to our Services (“Input”) and may receive content as output from the Services (“Output,” together with the Input, the “Content”). Inputs may include, without limitation, recordings of your voice or the voice of third parties, text descriptions, or any other content that you may provide to us through the Services. IF YOU CHOOSE TO MAKE ANY OF YOUR INFORMATION OR THE CONTENT PUBLICLY AVAILABLE THROUGH THE SERVICES OR OTHERWISE, YOU DO SO AT YOUR OWN RISK. You are solely responsible for the development, content, operation, maintenance, and use of your Content. You shall ensure that all Content, and the use of it by you, complies with these Terms of Service and any applicable laws, rules or regulations. YOU HEREBY ACKNOWLEDGE THAT YOUR CONTENT MAY BE USED AS AN INPUT OR OUTPUT FOR CERTAIN ARTIFICIAL INTELLEGENCE-BASED FUNCTIONALITIES WITHIN THE SERVICES. You are solely responsible for (i) evaluating (including by human review) Content for accuracy, completeness, and other factors relevant to your use before using, distributing, or relying on the Content and (ii) your decisions, actions, and omissions in reliance or based on the Content. You hereby grant to Pitchpilot a fully paid, nonrevocable, perpetual, nonexclusive, royalty-free, worldwide, transferable, assignable, and sublicensable right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, and use your Content to provide the Services (including the trust and safety features therein), to improve the Services, and to develop new services and products. For avoidance of doubt, to the extent that your Content includes your voice, the foregoing license allows Pitchpilot to reproduce, modify, publish, create derivative works from, distribute, publicly or otherwise perform, and use your voice, and other indicia of your persona that may be contained therein, to provide and improve the Services, and to develop new services and products. Notwithstanding the foregoing, we will not commercialize your voice on a standalone basis without your permission to do so. You may not provide Input or create Output for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that you have all necessary rights and appropriate consents related to Content to allow Pitchpilot to provide the Services and enforce its rights. You agree not to submit any Content that: (a) infringes any intellectual property or other proprietary rights of any party; (b) you do not have a right to submit; (c) contains software viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) poses a privacy or security risk to any person; (e) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, such as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (f) is threatening, abusive, harassing, tortious, bullying, or excessively violent; (g) is defamatory, libelous, or verifiably false with the purpose of harming others; (h) constitutes hate speech that demeans or promotes discrimination or violence on the basis of race, ethnicity, gender, religion, age, or other social, physical or mental characteristics; (i) is obscene or pornographic; (j) constitutes sexual harassment; (k) constitutes sexual exploitation or abuse of a minor, including sharing child sexual exploitation or abuse imagery or content, grooming, or sexual extortion; (l) glorifies self-harm, including self-injury, suicide, or eating disorders; (m) promotes terrorism or violent extremism; (n) interferes with or disrupts the Services or servers or networks connected to the Services; (o) in the sole judgment of Pitchpilot, is objectionable or that restricts or inhibits any other person from using or enjoying the Services, or which may expose Pitchpilot or its users to any harm or liability; (p) contains voice recordings of third parties without their consent in jurisdictions requiring two-party consent; or (q) if submitted on the Platform, would constitute a breach of an agreement between you and any third party or a violation of a governmental order or any applicable law. We do not undertake to review all Content, and we expressly disclaim any duty or obligation to undertake any monitoring or review of any Content. Although we have no obligation to screen, edit, or monitor Content, we may: (a) delete or remove Content or refuse to post any Content at any time and for any reason with or without notice, including for any violations of applicable law or these Terms of Service; (b) terminate or suspend your access to all or part of the Services, temporarily or permanently, if the Content is reasonably likely, in our sole determination, to violate applicable law or these Terms of Service; (c) take any action with respect to the Content that is necessary or appropriate, in Pitchpilot’s sole discretion, to ensure compliance with applicable law and these Terms of Service, or to protect Pitchpilot’s rights, or to protect any third-party rights, including third-party intellectual property and privacy rights; and (iv) as permitted by law, cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Content on or through the Services. Notwithstanding anything to the contrary in these Terms of Service, Pitchpilot may monitor your use of the Services and collect and compile data and information related to your use of the Services to be used by Pitchpilot in an aggregated and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services (“Aggregated Statistics”). As between you and Pitchpilot, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Pitchpilot. You agree that Pitchpilot may use and make publicly available Aggregated Statistics to the extent and in the manner permitted under applicable law.
9. License and Proprietary Rights
Subject to your acceptance and compliance of these Terms of Service, including payment of all applicable fees, Pitchpilot grants you a personal, nonsublicensable, nonexclusive, nontransferable, limited license, solely for so long as you have a valid Account, as applicable, and subject to the applicable usage limits of the applicable Subscription and/or any other restrictions specified on the Platform, as may be described more fully on the Platform, as amended from time to time, to access and use the Services over the internet, solely for your internal business or personal, non-commercial purposes and in accordance with the terms of these Terms of Service. You acknowledge and agree that you will comply with all laws, rules, and regulations applicable to the use of the Services. These Terms of Service do not transfer any right, title or interest in any intellectual property right to you, except as expressly set forth in these Terms of Service. Pitchpilot or its licensors shall own and retain all rights, title and interest in and to (a) any text, graphics, images, music, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services, including, without limitation, any reports, summaries, revised transcripts, but excluding Input and Customer data, (b) the Platform and the Services (including, without limitation, the Premium Features); and (c) any and all modifications, enhancements and updates to the items listed in clause (a) and (b). There are no implied rights. Pitchpilot reserves all rights not expressly granted herein. You acknowledge that any ideas, inventions, suggestions for improvement or discussions submitted by you regarding any aspect of the Services, including, without limitation, the functioning, features, and other characteristics thereof (or any component thereof) (all of the foregoing, collectively, “Feedback”) may be used by Pitchpilot without compensation or attribution to you, and you hereby grant to Pitchpilot, its subsidiaries, affiliates and partners a worldwide, irrevocable, royalty free, non-exclusive, sublicensable and transferable license under all intellectual property rights in and to the Feedback for Pitchpilot to use for any purpose.
10. Automatic Renewal and Termination
PREMIUM SUBSCRIPTIONS CONSIST OF AN INITIAL CHARGE FOLLOWED BY RECURRING PERIODIC CHARGES AS AGREED TO BY YOU. BY ENTERING INTO THESE TERMS OF SERVICE, YOU ACKNOWLEDGE THAT YOUR PREMIUM SUBSCRIPTION (IF ANY) HAS AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO DEACTIVATION. PITCHPILOT MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE NOTICE THAT YOU WISH TO TERMINATE THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE PITCHPILOT REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, LOG ON TO YOUR ACCOUNT, EMAIL [email protected]. IF YOUR PAYMENT DETAILS CHANGE, YOUR CARD PROVIDER MAY PROVIDE US WITH THE UPDATED PAYMENT DETAILS. WE RESERVE THE RIGHT TO USE THESE UPDATED DETAILS FOR FUTURE CHARGES IN ORDER TO HELP PREVENT ANY INTERRUPTION TO THE DELIVERY OF THE SERVICES (OR ANY PORTION THEREOF). ADDITIONALLY, BY SIGNING UP FOR OUR PREMIUM SUBSCRIPTION YOU ARE AGREEING TO RECURRING PERIODIC PAYMENTS FOR AN INDEFINITE TIME UNTIL DEACTIVATED BY YOU OR US, ON THE SUBSCRIPTION TERMS SET OUT IN THESE TERMS OF SERVICE AND IN THE RELEVANT SECTIONS OF THE PLATFORM, SUBJECT TO VARIATION IN ACCORDANCE HEREWITH. YOU CAN DEACTIVATE YOUR SUBSCRIPTION AT ANY TIME, BUT YOU MUST DEACTIVATE YOUR SUBSCRIPTION AT LEAST ONE (1) DAY PRIOR TO THE END OF THE THEN-CURRENT SUBSCRIPTION PERIOD IN ORDER TO AVOID PAYMENT FOR THE SUBSEQUENT SUBSCRIPTION PERIOD.YOU WILL NOT BE CHARGED FOR ANY DEACTIVATION. YOU CAN RE-SUBSCRIBE AT ANY TIME FOLLOWING YOUR DEACTIVATION, BUT WE RESERVE THE RIGHT NOT TO PERMIT RE-SUBSCRIPTION WHERE WE HAVE PREVIOUSLY ELECTED TO TERMINATE A SUBSCRIPTION BY YOU. FURTHERMORE, YOUR SUBSCRIPTION WILL CONTINUE INDEFINITELY UNTIL TERMINATED IN ACCORDANCE WITH THESE TERMS OF SERVICE. FOLLOWING YOUR INITIAL SUBSCRIPTION PERIOD, AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY COMMENCE ON THE FIRST DAY FOLLOWING THE END OF SUCH PERIOD AND CONTINUE FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME LENGTH, AT THE THEN-CURRENT, NON-PROMOTIONAL SUBSCRIPTION RATE. YOU AGREE THAT YOUR ACCOUNT WILL BE SUBJECT TO THIS AUTOMATIC RENEWAL FEATURE UNLESS YOU DEACTIVATE YOUR SUBSCRIPTION. IF YOU DEACTIVATE, YOU MAY USE YOUR SUBSCRIPTION UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION TERM; YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER YOUR THEN-CURRENT TERM EXPIRES. YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD. UPON RENEWAL OF YOUR SUBSCRIPTION, IF PITCHPILOT DOES NOT RECEIVE PAYMENT FROM YOUR PAYMENT PROVIDER, (A) YOU AGREE TO PAY ALL AMOUNTS DUE ON YOUR ACCOUNT UPON DEMAND AND (B) YOU AGREE THAT PITCHPILOT MAY EITHER TERMINATE OR SUSPEND YOUR SUBSCRIPTION AND CONTINUE TO ATTEMPT TO CHARGE YOUR PAYMENT PROVIDER UNTIL PAYMENT IS RECEIVED (UPON RECEIPT OF PAYMENT, YOUR ACCOUNT WILL BE ACTIVATED AND FOR PURPOSES OF AUTOMATIC RENEWAL, YOUR NEW SUBSCRIPTION COMMITMENT PERIOD WILL BEGIN AS OF THE DAY PAYMENT WAS RECEIVED). Notwithstanding anything contained in these Terms of Service, we reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use the Platform, the Services, or the Subscriptions, and to create an Account, at any time and for any or no reason, including, without limitation, any violation of these Terms of Service. Except as otherwise set forth herein, the Subscription Fee shall be non-refundable. If timely payment cannot be charged to your payment provider for any reason, if you have materially breached any provision of these Terms of Service, or if PitchPilot is required to do so by law, we have the right to, immediately and without notice, suspend or terminate any Services or Subscriptions provided to you. You agree that all terminations for cause shall be made in Pitchpilot’s sole discretion and that Pitchpilot shall not be liable to you or any third party for any termination of your Account. If your registration(s) with or ability to access the Services or the Subscriptions is discontinued by Pitchpilot due to your violation of any portion of these Terms of Service, you acknowledge that you will not be entitled to receive a refund for fees related to those Services or Subscriptions to which your access has been terminated. Upon termination of these Terms of Service, or suspension or deletion of your Account, the rights and licenses granted to you under hereunder immediately terminate and you shall cease using the Services (or any portion thereof). All provisions of these Terms of Service which by their nature should survive, shall survive termination or suspension of the Services, including without limitation, ownership, confidentiality, and indemnification provisions, warranty disclaimers, and limitation of liability.
11. Confidentiality
“Confidential Information” means all trade secrets, know-how, inventions, developments, software and other financial, business or technical information disclosed by or for Pitchpilot in relation to these Terms of Service (if any). Confidential Information does not including any information you can demonstrate is (a) already known by you without restriction, (b) rightfully furnished to you without restriction by a third party not in breach of any obligation, (c) generally available to the public without breach of these Terms of Service, or (d) independently developed by you without reliance on such Confidential Information. Except for the specific rights granted by these Terms of Service, you shall not access, use or disclose any of Pitchpilot’s Confidential Information without its prior written consent, and shall use at least the standard of care used to protect your own Confidential Information, but not less than a reasonable standard of care. Without limiting anything herein, the Services features and the Subscriptions pricing are owned by and are Confidential Information of Pitchpilot, and you shall not use any such Confidential Information to create any service, software, documentation or data that is similar to any aspect of the Platform or the Services. Promptly after any expiration or termination of these Terms of Service (or at Pitchpilot’s request at any other time), you shall return all Confidential Information, permanently erase all Confidential Information from any storage media and destroy all information, records and materials developed therefrom.
12. Indemnity
You hereby agree to indemnify, defend, and hold Pitchpilot, and its licensors, affiliates and subsidiaries, and each of its and their respective officers, directors, agents, partners, employees, contractors and consultants harmless from and against any and all damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses, including without limitation attorney’s fees, arising out of (i) your use of or conduct in connection with the Services, including without limitation breach of any representation, warranty or other obligation made herein; (ii) disputes between you and third parties in connection with the Platform or the Services; (iii) negligence or willful misconduct; (iv) the Content or Feedback; your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services or the Content.
13. Warranty Disclaimer and Limitation of Liability
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE USE OF THE SERVICES. AS SUCH, THE SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE,” AND PITCHPILOT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES, INCLUDING ANY THIRD-PARTY PRODUCTS INTEGRATED THEREIN, AND, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PITCHPILOT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED. PITCHPILOT MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, INCLUDING ANY OUTPUTS, WILL MEET YOUR OR ANY OTHER PERSON’S OR ENTITY’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, OR BE SECURE, ACCURATE, COMPLETE, OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. YOU ACKNOWLEDGE THAT, GIVEN THE NATURE OF THE SERVICES AND AI TECHNOLOGY, OUTPUT MAY BE (I) INACCURATE, MISLEADING, OR BIASED, AND (II) MAY BE THE SAME AS OR SIMILAR TO OUTPUT THAT THE SERVICES GENERATE FOR OTHER CUSTOMERS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL PITCHPILOT OR ITS AFFILIATES (INCLUDING, BUT NOT LIMITED TO, THEIR LICENSORS, SERVICE PROVIDERS, DIRECTORS, OFFICERS, AGENTS, PARTNERS, REPRESENTATIVES AND EMPLOYEES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE OR CLAIM FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, OPPORTUNITY OR DATA, OR DELAY, EVEN IF FORSEAEABLE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY. ADDITIONALLY, IN NO EVENT SHALL PITCHPILOT BE LIABLE FOR DISPUTES ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE PLATFORM, THE SERVICES, OR THE ORDERING, RECEIPT, OR USE OF ANY SUBSCRIPTIONS, OR OTHERWISE RELATED TO THESE TERMS OF SERVICE (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM PITCHPILOT, OR FROM EVENTS BEYOND PITCHPILOT’S REASONABLE CONTROL, SUCH AS PLATFORM INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT PITCHPILOT IS FOUND LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES (OR ANY PORTION THEREOF) OR THE PLATFORM, PITCHPILOT’S LIABILITY SHALL BE STRICTLY LIMITED TO THE GREATER OF: (I) ONE HUNDRED U.S. DOLLARS ($100); OR (ii) THE TOTAL MONTHLY PRICE YOU PAID FOR THE SERVICES (IF ANY) DURING THE MONTH PRECEDING THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.
14. Pitchpilot Communications
By entering into these Terms of Service or using the Services, you agree to receive communications from us, including via e-mail, text message, calls, in-app message and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your Account or the use of the Services, updates concerning new and existing features on the Services, communications concerning promotions run by us or our third-party partners, and news concerning PitchPilot and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY RESPOND BY TEXT “END” TO THE COMMUNICATION FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM US (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN RESPOND THE WORD “STOPALL” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE SERVICES.
15. Force Majeure
Pitchpilot shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, acts of God, war, acts of terrorism, acts of civil or military authorities, floods, accidents, insurrections, riots, embargoes, fires, strikes, delays in transportation, epidemic, pandemic or other public health issue, shortages, failure of any party to perform any contract with Pitchpilot related to the provision of the Services, delay, interruption or suspension of sporting events, blackouts or governmental laws, regulations, orders or actions.
16. Arbitration Agreement
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION 16 (“ARBITRATION AGREEMENT”) CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. Subject to the terms of this Arbitration Agreement, you and Pitchpilot hereby agree that any dispute, claim, disagreements arising out of or relating in any way to your use of the Platform or the Services, or this Arbitration Agreement and prior versions thereof, including claims and disputes that arose between us before the effective date of this Agreement (each, a “Dispute”) shall be resolved exclusively by binding arbitration, rather than in court, in accordance with the terms of this Arbitration Agreement, except that you and Pitchpilot may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court. There might be instances when a Dispute arises between you and Pitchpilot. If that occurs, Pitchpilot is committed to working with you to reach a reasonable resolution. You and Pitchpilot agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and Pitchpilot therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects and such action qualifies), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement. If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Pitchpilot should be sent to: Pitchpilot USA LLC c/o Tarter Krinsky & Drogin LLP 1350 Broadway, New York, NY 10018, United States (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. If Pitchpilot and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Pitchpilot may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Pitchpilot or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Pitchpilot is entitled. YOU AND PITCHPILOT HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Pitchpilot are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement. YOU AND PITCHPILOT HEREBY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this Section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Pitchpilot agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of New York. All other Disputes shall be arbitrated or litigated in small claims court. This Section does not prevent you or Pitchpilot from participating in a class-wide settlement of claims. All arbitrations will be conducted by a neutral arbitrator in accordance with JAMS’ Streamlined Arbitration Rules and Procedures (collectively, the “JAMS Rules”), as modified by this Arbitration Agreement. For information on JAMS, please visit its website, https://www.jamsadr.com If there is any inconsistency between any term of the JAMS Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the Platform of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Pitchpilot and you agree otherwise, any arbitration hearings will take place in New York, NY. If your claim is for $10,000 or less, Pitchpilot agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video conference hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules, unless otherwise provided in this Arbitration Agreement. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection regarding the prohibition of class and representative actions non-individualized relief) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the subsection regarding the prohibition of class and representative actions non-individualized relief are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply. Notwithstanding any provision in these Terms of Service to the contrary, Pitchpilot agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Pitchpilot written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
17. Platform Policies
For any other legal information concerning your access to, use of, or the way the Platform or the Services may use and collect your personal information, please read the Privacy Policy (together with these Terms of Service, collectively, the “Platform Policies”). [https://www.pitchpilot.com/privacy] Pitchpilot reserves the right to amend any portion of the Platform Policies at any time and without prior notice to you; as such, please make sure you review the current Platform Policies prior to making a purchase on the Platform or using the Services. Any amendments or updates to any Platform Policies shall be effective upon publication in their respective sections of the Platform.
18. Miscellaneous
These Terms of Service and their interpretation shall be governed by the laws of the State of New York without regard to its conflicts of law rules. These Terms of Service, together with the other Platform Policies, shall constitute the entire agreement between you and Pitchpilot. The invalidity or unenforceability, in whole or in part, of any provision of these Terms of Service shall not affect the validity or enforceability of any other provision hereof or any other term of the remaining Platform Policies. The headings contained herein are for purposes of convenience only and shall not control or affect the meaning or construction hereof.