These Terms of Use (the "Terms of Use") govern your access and use of the website located at pitchpro.me (the "Website"), our pitching and communication improvement platform, and related services offered or provided by us (collectively referred to as the Website). We refer to PitchPro, Inc., herein as "PitchPro", "We", or the "Company". The Website is owned by PitchPro. Please read the Terms of Use carefully before you start to use the Website.
Through its Website, PitchPro provides services that help users improve their pitching and communication skills using an online personalized communication coach driven by AI.
BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND AT pitchpro.me/privacy ("PRIVACY POLICY"), INCORPORATED HEREIN BY REFERENCE. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are at least 18 years of age or older. If you are not at least 18 years of age or older, you must not access or use the Website. By executing a separate Subscription Agreement and/or Service Order (collectively referred to herein as a "Service Agreement"), you agree to all the terms and conditions set forth in these Terms of Use. In the event of any conflict between these Terms of Use and the provisions of a Service Agreement, the provisions of the Service Agreement shall govern. If you are entering into this contract on behalf of a company or other legal entity, you represent that you have the authority to bind such company or entity to these Terms of Use, in which case the terms "you" or "user" as used below shall refer to such company or entity. If you do not have such authority, or if you do not agree with these Terms of Use, you should not execute a Service Agreement.
PitchPro reserves the right to revise these Terms of Use from time to time and at any time by updating this posting. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Subject to the terms and provisions herein and any applicable Service Agreement, PitchPro hereby grants to you, for so long as you are entitled to access the Website hereunder, a non-exclusive, non-transferable license to access and use the Website in accordance with these Terms of Use. PitchPro and its licensors own and shall retain all intellectual property rights and other rights in and to the Website, and any changes, modifications, or corrections thereto. We reserve the right to withdraw or amend this Website, and any service or material we provide on or through the Website, in our sole discretion without notice. We may terminate or suspend your account and/or your access to the Website at any time if we believe you have violated these Terms of Use or if termination or suspension of your access is provided for under the terms of your Service Agreement. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
You may upgrade your account to access certain features of PitchPro's services. Upgrading will turn your account into a paid account, and upon upgrading we will automatically bill you on the date of upgrade and on each automatic renewal until you cancel your paid account. You are solely responsible for all applicable taxes, but PitchPro will charge you tax when required to do so. You may cancel your paid account at any time. Refunds are issued only if they are required by applicable law. Your paid account will remain until it is canceled or terminated as provided herein. PitchPro reserves the right to suspend or terminate your paid account or to change your access to a free version of PitchPro's services in the event you fail to timely pay for your paid account. PitchPro reserves the right to change the fees it charges for its paid services and will provide advance notice to you prior to such changes taking effect. Any change in pricing will become effective as of your next billing cycle.
You are responsible for making all arrangements necessary for you to have access to the Website.
You may input, upload, record, or submit media or materials to the Website (collectively, "Contributed Material"). You are not required to input, upload, record, or submit Contributed Material to the Website. You acknowledge that you do not desire and will not receive compensation for any Contributed Material or for our use of any Contributed Material you submit. Any Contributed Material you upload is owned by you (subject of course to us retaining ownership of any PitchPro intellectual property). PitchPro may use Contributed Material to improve or operate the Website (for example, to train models and improve our systems), comply with applicable law, and enforce our policies. For these reasons, you hereby grant to PitchPro a fully paid, royalty-free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from and incorporate into other works, and sublicense through multiple tiers, the Contributed Material. You further acknowledge that this license cannot be terminated by you once your Contributed Material is submitted to the Website. You represent that you own or have secured all legal rights necessary for the Contributed Material submitted by you to be used by you, PitchPro, and others as described and otherwise contemplated in these Terms of Use. PitchPro shall maintain the confidentiality of the Contributed Material, and shall not sell, disclose, or share any Contributed Material, in whole or in part, to or with, any third party, except in accordance with these Terms of Use.
You are responsible for ensuring that all persons who access the Website through your internet connection and all of your employees, agents, or independent contractors that are authorized by you to access and use the Website (each, an "Authorized User") are aware of these Terms of Use and comply with them. If applicable, you will ensure that you have a unique license for each of the Authorized Users of the Website.
You are responsible for entering your data in connection with the Website ("Data"), and you shall be responsible for the maintenance of the Data it supplies. You represent to PitchPro that you will take commercially reasonable precautions against viruses, Trojan horses, and comparable elements being contained in the Data which could harm the systems or software used by PitchPro to provide the Website and/or related services.
You will not directly or indirectly, (a) enable any personnel other than Authorized Users to access and use the Website; (b) copy, modify or create any derivative work based upon the Website; (c) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available rights to the Website; (d) reverse engineer, disassemble or decompile, decode, adapt or otherwise derive or gain access to any part of the Website, in whole or in part, or attempt to discover or recreate the source code to any part of the Website; (e) remove any proprietary notices; (f) use the Website in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law; or (g) engage in or permit any use, possession, knowledge, viewing, inspection, examination, copying, disclosure, or other activity involving any of the Website that is not expressly authorized herein, or otherwise in writing by PitchPro.
You will comply with the limits of the license granted herein. You will allow and enable PitchPro to monitor such compliance, and to utilize information concerning your use of the Website to improve PitchPro's products and services.
You are responsible for maintaining the confidentiality of password(s) provided by PitchPro, and for all activities that occur under its password. You will immediately notify PitchPro of any unauthorized use of its password(s) or any other breach of the Website security known to you.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not copy, reproduce, republish, post, duplicate, distribute, modify, create derivative works of, download, store, or transmit any of the material on our Website, except as follows:
You must not:
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
If you believe that any Contributed Material violates your copyright, please see our Copyright Policy pitchpro.me/copyright for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are service marks of the Company and are protected by law. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with these Terms of Use.
You agree not to use the Website:
Additionally, you agree not to:
You may link to the homepage of our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the linked sites or the materials, information, goods, or services available through such linked sites or any privacy or other practices of such sites. PitchPro accepts no responsibility and does not endorse or warrant in any way any materials, information, goods, or services available through such linked sites or any privacy or other practices of such sites. PitchPro accepts no responsibility for any loss or damage that may arise from your use of them. And, therefore, if you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
You acknowledge and agree that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, ACCURACY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY, ITS AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID TO THE COMPANY BY YOU IN THE LAST TWELVE (12) MONTHS FOR THE SERVICES OUT OF WHICH LIABILITY AROSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use, your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, and/or your use of any information obtained from the Website.
PitchPro will maintain appropriate, industry-standard technical and organizational measures to protect any data and information, including Personal Data, that it collects, accesses, processes, or receives from you against unauthorized or unlawful transfer, processing, or alteration and against accidental access, loss, damage, processing, use, transfer, or destruction. The term "Personal Data" means any information that can be used to identify, locate, or contact a person, including: (i) first and last name; (ii) home or other physical address; (iii) telephone number; (iv) email address or online identifier associated with an individual; (v) social security number, passport number, driver's license number, or similar identifier; (vi) credit or debit card number; (vii) employment, financial or health information; or (viii) any other information relating to an individual, including cookie information and usage and traffic data or profiles, that is combined with any of the foregoing.
PitchPro will notify you in writing of any Security Incident after conclusively establishing the nature or extent of the Security Incident. The term "Security Incident" means any: (i) breach or suspected breach of the security of the Services or the systems used to provide the Services that may have resulted in the compromise of your Data; or (ii) other unauthorized access to or use of your Data.
PitchPro's Security Incident notification will describe and include any information required by the applicable data protection laws, including the known details of the Security Incident, the status of PitchPro's investigation, and the potential number of persons affected.
The Website is operated by PitchPro, whose U.S. operations are based in the State of [Your State], and PitchPro makes no representations that materials in the Website are appropriate or available for use in other locations. The display of the Website alone does not subject PitchPro to any specific jurisdiction. Access to the Website from any territory where the content is illegal is prohibited. If you choose to access the Website from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules, and regulations. You may not use or export any of the Website materials in violation of U.S. export laws and regulations. Any claim related to the use of the Website, the Website materials, these Terms of Use, and any dispute or claim arising therefrom or related thereto shall be governed by, construed, and enforced in accordance with the laws of the State of [Your State] as applied to agreements made and to be performed entirely therein. Any action arising out of or related to the access, use, content, or existence of this Website shall be filed only in the appropriate state or federal court located within the State of [Your State]. The access, viewing, or use of this Website constitutes the user's express permission and consent to the jurisdiction of the state and/or federal courts of the State of [Your State] for purposes of such actions. Notwithstanding any language to the contrary, we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in any court of competent jurisdiction.
We welcome feedback. Any comments and questions should be directed to pitchpro.me@gmail.com. If you choose to submit comments, you agree that PitchPro is free to use it without restriction or compensation to you.
The Terms of Use, our Privacy Policy, and any Service Agreement between you and the Company, constitute the sole and entire agreement between you and PitchPro regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Communications made through the website's email and messaging system shall in no way be deemed to constitute legal notice to PitchPro or any of its officers, employees, agents, or representatives, such as where notice to PitchPro is required by contract, or any federal, state, or local laws, rules, or regulations.
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Except as otherwise provided, the exercise of remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise.
PitchPro reserves all rights not expressly granted in these Terms of Use or the other documents that we reference herein. Except for the limited rights and licenses expressly granted in these Terms of Use and the other documents that we reference herein, we do not grant, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to the Company's intellectual property.
If you have any questions, comments, or concerns about how we handle your Personal Data, then you may contact us at pitchpro.me@gmail.com or write to us at:
PitchPro, Inc.
pitchpro.me@gmail.com
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