TERMS OF SERVICE

Welcome to PitchPal and thank you for using our services and application (“Services,” as further defined below). The Services are provided to you by PitchPal, LLC (“PitchPal”). By using the Services, you agree to these Terms of Services (the “Terms”). Please read carefully, as both the Terms and our Privacy Policy govern your access and use of the Services.
ACCEPTANCE OF THE TERMS OF USE

These terms and conditions describe your legal rights and responsibilities in using our Services. You agree to be bound and abide by these terms and conditions. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such company or legal entity to these Terms. In such instances, “you” and “your” shall refer to your company or legal entity.

Please note that our Terms may change from time to time, but the most recent version of our Terms of Use will always be posted here. By continuing to use the Services, your continued use will constitute your acceptance of any updated terms. If you do not agree to the Terms, please stop using PitchPal.

PITCHPAL’S SERVICES

PitchPal provides many different Services to you, including: (i) PitchPal’s real-time recording, transcribing, and archiving services and related technologies; and (ii) all applications, data, reports, text, images, and other related content made available for your use. The Service does not include any data provided by you or any content or third party software application or service.

BETA TESTING

By participating in Beta Testing, you will gain access to certain parts of the Services which have yet to be released to the general public. Such access is given solely to improve and test the Services, and shall not be deemed to grant you any rights or licenses to the Services, even if you provide feedback and we use your feedback. You agree and consent to receiving communications from us related to your experience with the Services. Further, you expressly agree that you will not attempt to copy, reverse engineer, or publish any applications of similar nature to the Services provided by PitchPal

BASIC TERMS OF USE

By using PitchPal services, you agree to the following:

1. You are at least 13 years of age.

2. You will not use PitchPal to record, transcribe, or engage in any conduct which is or could be considered violent, discriminatory, unlawful, infringing, libelous, defamatory, indecent, or abusive, and you will not use PitchPal to impersonate, abuse, or intimidate any other person or entity.

3. You will not use PitchPal to violate any applicable federal or state laws, regulations, judicial or governmental order, treaties, our rights, or the rights of any person, firm, or enterprise.

4. You are solely responsible for the activity that occurs through your account, including the safeguarding of your password that you provide to PitchPal, whether or not you authorized the activity.

5. You are solely responsible for the content, including any audio recordings, video recordings, text, sounds, musical works, and other content or material (collectively, “Content”) that you submit to PitchPal.

6. The information you provide to PitchPal during registration is, and is at all times, true, accurate, current, and complete, to your best knowledge.

7. All data charges that you incur through the use of these Services are your own responsibility.

8. You will not attempt to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce any of the source code that we use in providing PitchPal’s application or Services

9. You will not interfere with, or attempt to interfere with, the Services, the application, servers, hosts, or networks connected to the Services in any manner that would be destructive or disruptive to PitchPal.

10. You will not impersonate or attempt to impersonate PitchPal or attempt to gain unauthorized access to interfere with, damage, tamper, or disrupt any parts of PitchPal’s non-public areas.
We reserve the right to monitor your use and access of PitchPal to ensure compliance with these Terms, or to comply with any applicable law or other legal requirements. Violation of these basic terms may result in the termination of your PitchPal account, at PitchPal’s sole discretion. Any violation of system or network security may subject you to civil and/or criminal liability.

USER CONTENT

To use PitchPal, you create an account in which you may provide or transmit Content to be recorded and transcribed. You retain ownership of all Content you submit and PitchPal does not claim ownership to any of the Content that is recorded or transcribed through the Services. However, your Content may be used by PitchPal for various reasons, including, but not limited to improving internal technology and selling non-identifiable data analyzed from the Content to third parties. Further, upon creating your account with PitchPal, you may choose to share your Content with third parties. By doing so, you grant us permission to publish the Content to third-party websites. If you do not want the Content to be shared in any way, you may indicate so by emailing us at support@pitchpal.com or by refraining from using any portion of the Services marked as public. By providing the Content, you represent and warrant that you have the right to transmit the Content and that the Content does not violate any laws or regulations, our Terms, or the rights of others.

INTELLECTUAL PROPERTY

PitchPal’s Services contain content, features, and functionality, including, but not limited to, all information, text, displays, photographs, graphics, design, and arrangement (collectively, “PitchPal Content”), which are exclusively owned by, licensed by, or provided to PitchPal. The PitchPal Content is protected by copyright, trademark, and other laws, and PitchPal retains all rights to such intellectual property. You agree not to remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights or notices incorporated in or accompanying the PitchPal Content.

PitchPal grants you a limited, non-exclusive, non-transferable license to use PitchPal solely as described within these Terms. Except as permitted herein, you may not reproduce, publish, distribute, sell, license, or prepare derivative works of PitchPal’s Services, in whole or in part.

TERM AND TERMINATION

These Terms of Use will be effective as soon as you register for PitchPal’s services. PitchPal reserves the right to terminate your access to and use of PitchPal for any reason, at any time, and at PitchPal’s sole discretion, with no liability to you. For example, should you violate these Terms of Use or should you act in any fraudulent or unlawful manner, we may terminate your account and access to PitchPal.

You may terminate your account with PitchPal at any time by e-mailing support@pitchpal.com. Upon termination with PitchPal, all licenses and other rights granted to you via these Terms and the Services will cease immediately.

DISCLAIMERS AND LIMITATION OF LIABILITY

THE SERVICES, INCLUDING THE PITCHPAL CONTENT, IS PROVIDED ON AN “AS IS AS AVAILABLE” BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. PITCHPAL DOES NOT WARRANT THAT THE SERVICES ARE ACCURATE, TIMELY, COMPLETE, OR USEFUL. THERE IS NO GUARANTY THAT ALL OR ANY PART OF OUR SERVICES WILL BE ERROR FREE OR UNINTERRUPTED OR THAT THE SERVICES ARE FREE FROM ANY HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE IN ENSURING THE SECURITY OF YOUR EQUIPMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, PITCHPAL DISCLAIMS ALL LIABILITY FOR LOSS, DAMAGE, COST, AND/OR EXPENSE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM AND WHETHER OR NOT PITCHPAL OR YOU HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF THE SERVICES OR YOUR USE OF THE SERVICES. IN NO EVENT WILL PITCHPAL’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES EXCEED THE AMOUNTS THAT YOU HAVE PAID TO USE PITCHPAL OR ONE HUNDRED UNITED STATES DOLLARS ($100), THE LESSER OF THE TWO.

INDEMNIFICATION

By using our Services, you agree to defend and hold harmless PitchPal against any demands, claims or actions arising out of or as a result of your access to or use of the Site, your breach or violation of our Terms of Use, including any breach arising from violations of law and regulation, as well as claims of infringement, misappropriation or violation of the rights of any person or entity (“Claim”) and you shall indemnify and hold PitchPal harmless from and against any and all losses, damages, costs and expenses, including attorneys’ fees, resulting from any such Claim. We have the right, at any time, to assume the defense against any Claim and all negotiations for settlement and compromise and you agree to cooperate with us in any such defense.

GOVERNING LAW

These Terms of Use are governed by and enforced by the laws of California. You agree to submit to the personal and exclusive jurisdiction of San Diego, California. Regardless of any law or statute, any claim related to these Terms of Use or to PitchPal’s Services must be filed within one year after any such claim arose or shall be barred.

GENERAL AND MISCELLANEOUS TERMS

1. We reserve the right to refuse access to the Services to anyone for any reason and at any time.

2. We may remove Content which violates these Terms.

3. These Terms, along with the Privacy Policy and End User License Agreement, constitute the entire agreement that you have with us regarding the subject matter and supersedes any and all prior or inconsistent understandings.

4. If for any reason, a court of competent jurisdiction finds any provision of these Terms invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permissible and shall not affect or impair the rest of the Terms.

5. No waiver or breach of any provision of these Terms shall constitute a waiver of any prior or current breach of our rights. No waiver shall be effective unless made in writing and signed by an authorized representative of PitchPal.

6. Nothing contained herein should be construed as granting you a license to use any of PitchPal’s or any third party’s trademarks, service marks, or logos.