Effective: October 1, 2021
These Customer Terms of Service (the “Customer Terms”) describe your rights and responsibilities when using our online Pitch 2.0 tool(s) and platform (the “Services”). Please read them carefully. We are grateful you’re here.
First Things First
These “Customer Terms” Form a Part of a Binding “Contract”
These Customer Terms (or, if applicable, your written agreement with us or our affiliate(s) governing the applicable Order Form(s)) and any Order Form(s) (defined below) together form a binding “Contract” between Customer and Pitch 2.0. “We,” “our” and “us” refers to the applicable Pitch 2.0 entity.
Your Agreement On Behalf of “Customer”
If you purchase subscription(s), create a Pitch, invite users to your Pitch, or use or allow use of the Pitch after being notified of a change to these Customer Terms, you acknowledge your understanding of the then-current Contract and agree to the Contract. “Customer” is the person and or organization that “you” represents in agreeing to the Contract.
Ordering Subscriptions
A subscription allows an Authorized User to access the Services. Each Authorized User agrees to the User Terms when activating their subscription. Paid upgrade Subscriptions automatically commence when Customer “check-out” upgrade option.
Choosing to be a Beta Tester
Occasionally, we look for beta testers to help us test our new features. These features will be identified as “beta” or “pre-release,” or words or phrases with similar meanings (each, a “Beta Product”). Beta Products may not be ready for prime time so they are made available “as is,” and any warranties or contractual commitments we make for other Services do not apply. Should Customers encounter any faults with our Beta Products, we would love to hear about them; our primary reason for running any beta programs is to iron out issues before making a new feature widely available.
Feedback is Welcome
The more suggestions our customers make, the better the Services become. If Customer sends us any feedback or suggestions regarding the Services, there is a chance we will use it, so Customer grants us (for itself and all of its Authorized Users and other Customer personnel) an unlimited, irrevocable, perpetual, sub licensable, transferable, royalty-free license to use any such feedback or suggestions for any purpose without any obligation or compensation to Customer, any Authorized User or other Customer personnel. If we choose not to implement the suggestion, please don’t take it personally. We appreciate it nonetheless.
Privacy Policy
Please review our Privacy Policy (Website) for more information on how we collect and use data relating to the use and performance of our websites and products.
Customer and Authorized Users
Use of the Services
Customer must comply with User Terms. We may review conduct for compliance purposes, but we have no obligation to do so. We aren’t responsible for the content of any Customer Data or the way Customer or its Authorized Users choose to use the Services to store or process any Customer Data. The Services are not intended for and should not be used by anyone under the age of 16.
Our Removal Rights
If we believe that there is a violation of the Contract that can simply be remedied by Customer’s removal of certain Data, we may, in certain cases, ask Customer to take direct action rather than intervene. However, we may directly step in and take what we determine to be appropriate action, if requested or required.
Payment Obligations
Payment Terms
For Customers that purchase our Services, fees are specified at the Services interface “check-out” and are (must) be paid in advance. Payment obligations are non-cancelable and fees paid are non-refundable.
Our Responsibilities
Providing the Services
We will (a) make the Services available to Customer and its Authorized Users as described in the Contract; and (b) not use or process Customer Data for any purpose without Customer’s prior written instructions; provided, however, that “prior written instructions” will be deemed to include use of the Services by Authorized Users and any processing related to such use or otherwise necessary for the performance of the Contract.
Protecting Customer Data
The protection of Customer Data is a top priority for us so we will maintain administrative, physical, and technical safeguards that will include measures for preventing unauthorized access, use, modification, deletion and disclosure of Customer Data to the best of our abilities, but in the case of illegal hacking or access we cannot be held responsible for lost or stolen Data.
Ownership and Proprietary Rights
What’s Yours is Yours…
Customer will own all Customer Data. Subject to the terms and conditions of the Contract,
And What’s Ours is Ours
We own all our Services including all related intellectual property rights. All of our rights not expressly granted by this license are hereby retained.
Term
Contract Term
As further described below, a free subscription is valid for 10 Days, then is suspended, while a paid subscription has a 12 Month term that will expire or be terminated after the 12 Months.
Data Portability and Deletion
We are custodians of Customer Data. Following account closure, termination or expiration of a Pitch 2.0 subscriptions, we will have no obligation to maintain or provide any Customer Data and may thereafter, and if requested (at Hello@pitch2point0.com ) will delete all Customer Data in our systems or otherwise in our possession or under our control.
Representations Disclaimer of Warranties
Customer represents and warrants that it has validly entered into the Contract and has the legal power to do so.
Limitation of Liability
OTHER THAN IN CONNECTION WITH A PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT WILL CUSTOMER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE CONTRACT OR THE USER TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE LAST EVENT GIVING RISE TO LIABILITY. THE FOREGOING WILL NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS UNDER THE “PAYMENT TERMS” SECTION ABOVE.
IN NO EVENT WILL EITHER CUSTOMER OR ANY MEMBER OF PITCH 2.0 HAVE ANY LIABILITY TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Customers of the Pitch 2.0 Services hold Pitch 2.0 to “no Liability”
General Provisions
Publicity
Customer grants us the right to use Customer’s company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential customers, subject to Customer’s standard trademark usage guidelines as provided to us from time-to-time. We don’t want to list customers who don’t want to be listed, so Customer may send us an email to hello@Pitch2point0.com stating that it does not wish to be used as a reference.
Force Majeure
Neither us nor Customer will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
Modifications
As our business evolves, we may change these Customer Terms and the other components of the Contract. Customers can review the most current version of the Customer Terms at any time by visiting this website.
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Pitch 2.0 |
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