Terms and Conditions ("Terms")

Last updated: October 20, 2018

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.usepitchproof.com website (the "Service") operated by Pitchproof. ("us", "we", or "our"). 

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms.

These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

These Terms of Service set forth the legally binding terms and conditions for your use of the Services.

By clicking on the “Create Account,” "sign up free," "get started," "upgrade your plan," or equivalent access, agreement or purchasing button, you or the company or entity that you represent ("you," "your," "yours" or "customer") are consenting to be bound by and are becoming a party to these Terms of Service. You are also representing and warranting that the individual clicking on the button is authorized to enter into this agreement and bind such entity. Your continued use of any portion of the services shall also constitute assent to the terms of these Terms of Service. If you are using the services on behalf of a company or other entity, then all references to "you" or "your" herein shall refer to both the individual and the entity.

If you do not unconditionally agree to all of the terms of these Terms of Service, you will have no right to use the Services (and you should immediately cease all such use). If these terms are considered an offer, acceptance is expressly limited to these terms to the exclusion of all other terms.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Pitchproof. and its licensors. The Service is protected by copyright and other laws of both Australia and foreign countries.

Registration and User Seats.

To sign up for the Services, you must register for an account on the Services (an "Account"). You must provide accurate and complete information for your Account. For Services licensed on a per-seat or per-member basis, access will be limited to the number of Users (defined below) for whom you have purchased seats. Unless you have purchased an Account that expressly licenses multiple User seats (e.g. a "Team Plan"), each Account shall only be used by the individual user that registered such Account. You may never use another person’s user Account without permission from Pitchproof, or share your Account or access credentials with any other individual or entity. You should never publish, distribute, or post login information for your Account. "User" means an individual (a natural human!) whom you authorize to use the Services. Users may include, for example, your employees, consultants, contractors and agents, and third parties with which you transact business. If your account expressly allows multiple User seats, then you shall designate one User for each seat you purchase (and may reassign such seat to a new individual replacing one who no longer uses the Services). A User’s access credentials may not be shared with any other individual or entity for purposes of using the Services. You are responsible for maintaining the security of your Account, passwords (including, but not limited to, administrative and user passwords). You shall be responsible for acts, omissions, or breaches hereunder by any of your Users or any other individuals using your Account or credentials for the Services. You must keep your Account information updated, and you must notify us immediately of any change in your eligibility to use the Services or breach of security or unauthorized use of your Account. Users may have the ability to invite other users to their teams unless the applicable Account settings restrict this functionality. We will provide you with periodic updates of its list of active Users, and you may request this list from us.
Please note that if you are a User of an Account purchased by your employer or another person or entity, then these Terms of Service allow such person or entity to provide additional services, or to change or limit your access to the Services at any time. It is up to that person or entity to inform you of any particular rules, requirements or limitations regarding your use beyond those set forth in these Terms of Service. You agree to look solely to such person or entity regarding any dispute relating to such additional rules, requirements, or limitations.

The Services.

a. Services.
Subject to these Terms of Service, Pitchproof will use commercially reasonable efforts to make the Services available to you.

b. Content. "Content" means information, data, text, fonts, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. As between the parties, all Content, except for Customer Data (as defined below), is owned by Pitchproof or its licensors. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. Subject to these Terms of Service, Pitchproof (i) grants to you a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use (i.e. to download and display locally) Content solely for purposes of using the Services for your internal use.

Restrictions on Use of the Services.

You will not directly or indirectly:

sell, license, sublicense, distribute, copy, rent, or lease the Services, or include the Services in a service bureau, time-share outsourcing offering, or otherwise make the Services available to, or use the Services for the benefit of, any third party, or transfer any of the rights that you receive hereunder;interfere with or disrupt the integrity or performance of the Services or any third-party data contained therein or attempt to gain unauthorized access to the Services or its related systems or networks;copy, modify, translate, or create derivative works based on the Services or any underlying software or any part, feature, function, or user interface thereof, including by framing (except as expressly allowed by Pitchproof) or mirroring any part of any Services or any Content;access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service;decompile, disassemble, decipher, or reverse engineer the Services, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, (except to the extent such restriction is prohibited by applicable statutory law);remove any copyright notices, information, and restrictions contained in the Services or any Content;bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services) or take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure;use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Pitchproof Website or Services; orotherwise take any action in violation of our guidelines and policies, including these Terms of Service.

Availability. We are not and will not be responsible or liable for any failure in the Platform or Services resulting from or attributable to (i) Customer Data or failures to deliver Customer Data to Pitchproof; (ii) failures in any telecommunications, network or other service or equipment outside of Pitchproof’s facilities; or (iii) any force majeure or other cause beyond Pitchproof’s reasonable control. We do not guarantee that the Services or any Content will be available, or that any Content that is available is or will continue to be accurate. We reserve the right, but do not have any obligation, to remove, edit, modify, or block access to any Content in our sole discretion, at any time, without notice to you and for any reason (including upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service).

Limits. We may impose certain limits on the use of the Services, including usage limits for different Service plans, including without limitation the amount of Customer Data that may be stored, features that may be accessed number of users, or other rate or usage limitations at any time in our sole discretion.

Proprietary Rights. As between the parties, all right, title and interest in and to the Services and Content, and all copies, modifications and derivative works thereof is and will remain the sole and exclusive property of Pitchproof. Except as expressly set forth herein, no license or other rights, title or interest in the Services or Content is granted by Pitchproof to you.

Customer Data.Definition.

"Customer Data" means any and all electronic data, Content, and information uploaded or submitted to the Services by you or by a third party on your behalf.
You retain all of your rights to your Customer Data.

License to Customer Data.
You hereby grant Pitchproof a non-exclusive, worldwide, royalty-free, fully paid-up right and license to use, copy, access, process, reproduce, perform, display, modify, distribute, and transmit your Customer Data in connection with the Services. You acknowledge and agree that (i) the quality of the Services and the Platform depend on the uploading or another provisioning of the Customer Data into the Platform or the Services, as applicable and (ii) Pitchproof will not assume any responsibility for, or undertake to verify, the accuracy or completeness of the Customer Data entered by you. Furthermore, you also hereby do and shall grant each user of the Pitchproof Website and/or the Services a non-exclusive right and license to access your Customer Data posted on portions of the Services that are viewable to other users, and to use, edit, modify, reproduce, distribute, and display such Customer Data in accordance with the terms, features, and settings of the Services made available by Pitchproof and any additional rights and restrictions granted by you to such users.

Aggregate Data. Notwithstanding anything to the contrary set forth herein, Pitchproof may collect and use data regarding the use and performance of the Service in anonymized and aggregated form, to analyze and improve the Service and for distribution in general benchmarking data and industry reports, provided that any reported user data is aggregated and anonymized such that no personally identifying information of Customer or its users is revealed.

Representations and Warranties. You represent, warrant, and covenant that (i) all Customer Data is accurate and compliant with all applicable laws, rules, and regulations; (ii) you own all rights, title, and interest in and to the Customer Data, or have otherwise secured all necessary rights in the Customer Data as may be necessary to permit the access, use, and distribution thereof as contemplated by these Terms of Service; (iii) you shall only use the Services in accordance with all applicable laws, rules, and regulations, these Terms of Service and any relevant documentation provided by Pitchproof and (iv) you will not, and will not permit any third party to upload, download, post, submit, provide, transmit, distribute, or otherwise make available to or through the Services any Customer Data that (A) is unlawful, infringing, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, or that otherwise violates any other right of any third party, including any intellectual property, proprietary, or privacy rights, or that is otherwise inappropriate, as determined by us in our sole discretion; (B) contains any viruses, code, files, or programs designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or that is or can be otherwise malicious or disruptive; (C) constitutes unauthorized or unsolicited advertising, junk, or bulk email ("spamming") or otherwise violates federal CAN-SPAM regulation; or (D) contains any personally identifying information subject to specialized security regimes including without limitation the Health Insurance Portability and Accountability Act ("HIPAA"), and the standards promulgated by the PCI Security Standards Council ("PCI"). You acknowledge and agree that Pitchproof is not a "Business Associate" under HIPAA, and you will not provide any protected health information to Pitchproof. You will not provide Pitchproof with any personally identifying information except for User information as necessary to allow Users to access the Services as set forth in these Terms of Service. You are responsible for complying with CAN-SPAM, including without limitation for supplying an "Unsubscribe" link in any emails required to include such a link.

Third-Party Services.

The Services may permit you to link to other websites, services, or resources on the Internet, and other websites, services, or resources may contain links to the Services. Additionally, third-party vendors may provide advertising services on or related to the Services, such as by serving ads to users using cookies on the Pitchproof Website. When you access third-party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource. Pitchproof will also not be responsible or liable for any failure in the Services attributable to your or any third party’s products, services, negligence, willful misconduct, breach of these Terms of Service, or other unauthorized access or use.

Payments and Billing.

Premium Services.
Certain of our Services may be subject to payments now or in the future (the "Premium Services"). Please see our Premium Services page https://www.usepitchproof.com/plans for a description of the currently available Premium Services and the payment amounts ("Fees") and terms applicable to such Premium Services. Please note that any payment terms presented to you in the process of using or signing up for a Premium Services are deemed part of these Terms of Services. All amounts are stated in and shall be paid in U.S. dollars. We do not transmit invoices automatically, but you can access them in your account under the Billing tab. If you have any questions, contact our support department: support@usepitchproof.com. We may revise the rates for Premium Services at any time, or impose additional fees or charges. If you are a subscriber to Premium Services, we will provide prior notice of any increase of fees, by a message to the contact person listed on your account, by posting on the Service or on our pricing page, or some other means as set forth. We may also periodically review your usage and bill you for any overages or increased usage (e.g. additional user seats) at our then-current rates.

Payment. By signing up to receive any Premium Services, you (i) agree to pay us, in accordance with all applicable payment terms set forth on https://www.usepitchproof.com/plans and herein, the applicable Fees for such Premium Services; (ii) authorize us, through the Payment Processor (defined below), to charge your chosen payment provider ("Payment Method") for the applicable Fees and (iii) agree to make payment using that selected Payment Method.

Taxes. All Fees are exclusive of taxes, duties, levies, tariffs, and other governmental charges (including, without limitation, VAT) (collectively, "Taxes"). You shall be responsible for paying all Taxes associated with the Services (without any offset or deduction to the fees paid to Pitchproof).

Billing. We use a third-party payment processor (the "Payment Processor") to bill you through a payment account linked to your Account on the Services (your "Billing Account") for use of the Premium Services. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms of Service. We are not responsible for error by the Payment Processor. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if the Payment Processor has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or another provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

Auto-Renewal. Fees for certain Premium Services are automatically charged on a recurring basis, and when signing up for a Premium Service with a recurring payment obligation, you will be able to select a recurring billing level and renewal term that will apply to your receipt of such Premium Services ("Subscription") (e.g. monthly or annual payment). Unless you cancel or change your Subscription in accordance with these Terms of Service, any Subscriptions you have signed up for will be automatically extended for successive renewal periods of the same duration as the Subscription originally selected, at the then-current non-promotional rate. By signing up for a Subscription, you agree that we may submit the charges associated with such Subscription for payment on the applicable schedule and you will be responsible for such charges. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Premium Service and/or Subscription. BY SIGNING UP FOR A SUBSCRIPTION YOU ACKNOWLEDGE AND AGREE THAT WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO THE BILLING SECTION OF THE SERVICE. PLEASE CONTACT US AT SUPPORT@USEPITCHPROOF.COM IF YOU NEED ANY ASSISTANCE. This does not waive our right to seek payment directly from you.


Cancelling or Changing Premium Services. To change or resign your Premium Services at any time, go to Account settings. Please contact us at support@usepitchproof.com if you need any assistance. Any request for cancellation must be sent three (3) days prior to the end of the Subscription term to allow for adequate processing time. Your non-termination or continued use of the relevant Premium Service reaffirms that we are authorized to charge your Payment Method the Fees for such Premium Service, including any associated fees (e.g. overage fees or late fees, to the extent applicable). If you terminate a Premium Service, you will be downgraded to the "Free" plan level at the time of your termination; your paid Subscription will not be renewed. You will not be eligible for a prorated refund of any portion of any Fees paid.

Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

No Refunds. Once initiated by you, payment obligations are non-cancelable. Except as expressly set forth in these Terms of Service, Pitchproof will not, under any circumstances, issue refunds or pro-rate any Fees for early cancellation or termination of the Services, or for any other reason, including for any unused Services or if your actual usage of the Services falls below the purchased amount applicable to your Subscription level for the Services. Subscription quantities cannot be decreased during the relevant Subscription term.

Chargeback Policy; Disputes. If you have a question about charges made to your Account, please contact us immediately. If the charges were made in error, we will credit your Billing Account or Payment Method for the appropriate amount. Please note that Pitchproof has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently banned from use of any and all Pitchproof Services.

Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Premium Service must be used within the specified time of the trial. You must stop using a Premium Service before the end of the trial period in order to avoid being charged for that Premium Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Premium Service, please contact us at support@usepitchproof.com.

Feedback. At all times Pitchproof will have the unrestricted right to use and act upon any suggestions, ideas, enhancement requests, feedback and recommendations you provide specifically relating to the features, functionality and performance of the Services.

Copyright Policy.

Procedure for Reporting Copyright Infringement:

If you believe that material or content residing on or accessible through our websites, application, or services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

2. Identification of works or materials being infringed;

3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;

4. Contact information about the notifier including address, telephone number and, if available, email address;

5. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and

6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.


“Confidential Information” means all information disclosed by Pitchproof to you, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Pitchproof’s Confidential Information includes the Services and Content, as well as business and marketing plans, technology and technical information, product plans and designs, source code and business processes disclosed by Pitchproof. You will use a reasonable degree of care to protect the Confidential Information. You will not use any Confidential Information for any purpose outside the scope of these Terms of Service or disclose Confidential Information to any third party. You may disclose Confidential Information to the extent compelled by law, provided you give Pitchproof prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at Pitchproof’s cost, if Pitchproof wishes to contest the disclosure.


Termination by Either Party.
You have the option of cancelling your Account at any time by following the instructions on the Pitchproof Website or through the Services or by contacting us at support@usepitchproof.com. We reserve the right to terminate your Account or access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. All provisions of these Terms of Service which by their nature should survive termination or expiration shall survive termination, including provisions regarding ownership, aggregate data use, payment (to the extent any payment obligations remain outstanding), warranty disclaimers, indemnity and limitations of liability.

Customer Data After Termination. Termination or cancellation of your Account by either party may result in the forfeiture and destruction of all information and data, including Customer Data, associated with your Account. Termination, cancellation or expiration of your Account will result in a loss of your Customer Data; we may delete or destroy all copies of your Customer Data in our systems or otherwise in our possession or control unless legally prohibited. We reserve the right, including after termination, to access, read, preserve, and disclose any information, including without limitation Customer Data, as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Service, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests or (v) protect the rights, property or safety of us, our users and the public.

Fees Due Upon Termination. In the event of termination, you shall pay Pitchproof all Fees due for the entire subscription period.


You are solely responsible for your conduct and your data related to the Service. You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your Customer Data, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defences.


Entire Agreement and Severability.
These Terms of Service are the entire agreement between you and us with respect to the Services, including the use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of Pitchproof to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

Subcontractors. We use subcontractors to provide certain aspects of the Services and in some cases permit them to access Customer Data subject to appropriate obligations of security, confidentiality and compliance with applicable laws. We remain responsible for our subcontractors’ compliance with these Terms of Service with respect to their services provided hereunder.

Assignment. These Terms of Service are personal to you and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.

Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to support@usepitchproof.com. You acknowledge and agree that Pitchproof may occasionally send you communications regarding your account or the Services via email or by posting on the Services. You acknowledge and agrees that Pitchproof may occasionally send notices to you regarding your Account or the Services via email or via the Services.

No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

Open Source. The Service may contain or be distributed with open source software or other third-party software which may be covered by a different license. Notwithstanding anything to the contrary, the obligations of Pitchproof set forth in these Terms of Service do not extend to any open source software or such other third-party software which may be made available by Pitchproof, or otherwise obtained or used by you. You agree that all open source software or such other third-party software shall be and shall remain subject to the terms and conditions under which it is provided, and you shall be responsible for compliance with such terms. To the fullest extent possible, Pitchproof disclaims all warranties and liability regarding such open source and third-party software in accordance with the terms of these Terms of Service.

Headings; Interpretation. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation. Any use of "including" "for example" or "such as" in these Terms of Service shall be read as being followed by "without limitation" where appropriate.

Publicity. You hereby consent to the inclusion of your name and logo in client lists that may be published as part of Pitchproof’s marketing and promotional efforts.

Any claim related to these Terms of Service, the Site(s) or the Service must be brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors.The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms of Service.

Contact Us
If you have any questions about these Terms, please contact us at support@usepitchproof.com

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