Coder Studios Limited, Company Number 1593637, VAT number 162 6495 91, d/b/a pitchy.io (’Pitchy.io) operates this www.pitchy.io (the Site) to provide online access to information about the content, services, and opportunities we provide (the Service).
By accessing and using this Site, you signify that you have read, fully understand and agree to be legally bound by these Terms of Service and to comply with all applicable laws and regulations as they may change from time to time. IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF SERVICE, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITE.
We reserve the right, in our sole and absolute discretion, to modify all or a portion of these Terms of Service at any time without further notice and without incurring any liability or obligation. If we do this, we will post the changes to these Terms of Service on the Site and will indicate the date these Terms of Service were last revised. Your continued access to and/or use of the Site after any such changes constitutes your acceptance of, and agreement to be legally bound by, these Terms of Service as revised. It is your sole responsibility to regularly check the Site to determine if there have been any changes to these Terms of Service and to review such changes.
You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Site, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.
1.1 "Effective Date" means the date which you commence using the Services.
1.2 "Services" means the provision of the following services as selected by you during the ordering process and confirmed by email from Pitchy:
Starter: 1 team member, 1 custom form, 100 form submissions 5000 MB of storage space.
Semi-Pro: 2 team member, 3 custom forms, 350 form submissions 10000 MB of storage space.
Business: 5 team member, 6 custom forms, 900 form submissions 20000 MB of storage space.
Elite: 10 team member, 12 custom forms, 1200 form submissions 60000 MB of storage space.
1.3 "Subscription Fee" means the monthly fee payable by you in advance in respect of the provision of the Services, as specified at url: www.pitchy.io/pricing and as may be varied by Pitchy on notice to you from time to time.
1.4 "Subscription Period" means the period from the Effective Date until this Agreement is terminated in accordance with the provisions herein.
2.1 Subject to all the terms and conditions of this Agreement, Pitchy shall supply the Services to you and grant you a personal, non-transferable, terminable licence to use the Services from the Effective Date for the Subscription Period.
2.2 You may request and Pitchy may agree to upgrade or downgrade the Services provided to you and the Subscription Fee payable will be amended accordingly for the next monthly payment.
2.3 Pitchy shall use all reasonable endeavors to ensure that access to the Services is available at all times subject to planned and emergency downtime as set out at clause 2.5.
2.3 You hereby agree not to use the Services for any use that is:
2.3.1 obscene, libelous , blasphemous, defamatory, inciting hatred, terrorism or any similar offence ;
2.3.2 unlawful or misleading;
2.3.3 for any use that breaches third party copyright, including, without limitation, storing or sharing copyrighted music or other copyrighted material that has not been legally obtained;
2.3.4 undertaken on behalf of third parties;
2.3.5 in contravention of any applicable local, state, national and foreign laws, treatises and regulations;
In the event that you are in breach of this clause 2.3 or in Pitchy's opinion, reasonably likely to become in breach, Pitchy may suspend the Services forthwith without notice and you hereby indemnify Pitchy in full for any loss or damage suffered by Pitchy as a result of your breach.
2.4 Your use of the Service is subject to Pitchy's fair use policy as set out more particularly www.pitchy.io/fairness. You hereby acknowledge and agree that if, within any month, your usage materially exceeds more than the average level of monthly usage of Pitchy's customers for the same Services then Pitchy reserves the right to terminate or suspend your account without notice.
2.5 Pitchy shall use all reasonable endeavours to notify you of planned downtime and unavailability of the Service however notwithstanding such obligation, Pitchy shall not be liable for any Service unavailability which arises as a result of emergency downtime and Service unavailability.
2.6 Unauthorized use of the Service, and/or the resale of the Services without Pitchy's prior written consent, is expressly prohibited.
2.7 The free trial offer entitles new, registered users to a one-time free trial usage of the Services. Free trial terms vary by promotional offer. At the end of the trial period you will be automatically subscribed and Pitchy will bill your credit card for the fees for the Services you selected at registration or otherwise for default Services designated by Pitchy. If you wish to terminate the trial and do not wish to subscribe to the Services, you must cancel before the end of your trial period.
3.1 Pitchy has sole and exclusive ownership of all right, title, and interest in and to the Services and any software included in the Services, including all copyright and any other intellectual property rights therein. This Agreement conveys a limited right and license to use the Services and any software made available to you and shall not be construed to convey title to or ownership of the Services or the software contained therein to you. All rights in and to the Services not expressly granted to you are reserved by Pitchy.
3.2 The password and log-on details provided to you are confidential to you and you hereby agree that you shall not share such information with any third parties. You shall notify Pitchy forthwith if you are aware of any third party having access to such information.
4.1 In consideration for the provision of the Services, you shall pay Pitchy the nonrefundable Subscription Fee.
4.2 Pitchy shall issue invoices in respect of the Subscription Fee and shall collect the Subscription Fee from your credit card monthly in advance. Both parties agree that no refunds shall be given in any circumstances.
4.3 The Subscription Fee is exclusive of VAT or other sales tax which, if applicable to you, shall be payable by you at the then prevailing rate.
4.4 In the event that the Subscription Fee, as appropriate, is not collected in accordance with the provisions herein, Pitchy may deny you access to the Services without notice.
5.1 This Agreement shall commence on the Effective Date and shall continue in effect for the Subscription Period.
5.2 If either party breaches this Agreement in any material respect, the other party may give written notice to the breaching party of its intent to terminate, and if such breach is not cured within thirty (30) days after the breaching party's receipt of such notice, this Agreement shall terminate without any further notice required. Without prejudice to the foregoing, in the event that you breach the provisions of clause 2, Pitchy may suspend and/or terminate the Services forthwith without notice.
5.3 If you do not access your account for a period of one hundred and twenty (120) days or more, Pitchy may at its own discretion remove and/or purge your data and account from the system and terminate the Services forthwith without notice.
5.4 Upon any termination of this Agreement, (a)the rights and licenses granted to you herein shall terminate; (b)you shall cease all use of the Services; and (c) Pitchy shall at its own discretion remove and/or purge your data and account from the system.
5.5 Lite account users only: The ‘Free’ version of Pitchy automatically removes any data stored longer than 30 days. Files that were delivered will likewise automatically be removed after 14 days. To prevent your stored data from being purged please upgrade to one of our paid accounts.
5.6 You acknowledge that Pitchy can transfer this Agreement to a third party at anytime without notice.
6.1 Pitchy does not represent or warrant that: (i) the use of the Services will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (ii) the Services will meet your requirements or expectations, (iii) errors or defects will be corrected, (iv) the Services or the server(s) that make the Services available are free of viruses or other harmful components. The Services are provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law.
6.2 Your sole remedy with respect to any claims arising out of this Agreement shall be limited in the aggregate to the monies paid by you to Pitchy under this Agreement during the twelve (12) month period preceding the event giving rise to such liability.
6.3 In no event shall Pitchy be liable for:
(a) any special, indirect, incidental or consequential damages, including loss of profits and goodwill, business or business benefit, or the cost of procurement of substitute products or services by you even if advised of the possibility of such damages;
(b) any delay or failure to provide the Services that is due to third parties, including, without limitation, internet service providers, data centers, server hosting companies and telecommunications companies;
(c) credit card fraud committed against you by any third party provider of credit card services.
7.1 You shall not assign this Agreement, in whole or in part, without the prior written consent of Pitchy.
7.2 You consent to the use by Pitchy of your name in customer lists and other publicity, including interviews, case studies, and conference discussions, provided that such publicity accurately describes the nature of the relationship between you and Pitchy.
7.3 This Agreement and its performance shall be governed by and construed in accordance with and the parties hereby submit to the exclusive jurisdiction of the laws of England and Wales.
7.4 You agree that because of the unique nature of the Services and Pitchy' proprietary rights therein, a demonstrated breach of this Agreement by you would irreparably harm Pitchy and monetary damages would be inadequate compensation. Therefore, you agree that Pitchy shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of this Agreement.
7.5 If any provision of this Agreement or the Services thereof is declared void, illegal, or unenforceable, the remainder of this Agreement will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
7.6 Any failure by any party to this Agreement to enforce at any time any term or condition under this Agreement will not be considered a waiver of that party's right thereafter to enforce each and every term and condition of this Agreement.
7.7 Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of nonperformance and continues performance hereunder with reasonable dispatch whenever such causes are removed.
7.8 This Agreement (i)constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, made with respect to the subject matter hereof, and (ii)cannot be altered except by agreement in writing executed by an Authorized representative of each party. No purchase order and/or standard terms of purchase provided by you shall supersede this Agreement.
7.9 Nothing in this Agreement shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Pitchy and such third parties shall not be entitled to enforce any term of this Agreement against Pitchy.