Terms and Conditions

Please read these terms and conditions carefully before using Our Service.

Here are the terms that will govern your use of the Services. This Agreement contains a provision that requires the use of arbitration on an individual basis rather than jury trials or class actions. If you become a Pitchgrade subscriber and pay by credit or debit card (or other payment method associated with an automatically renewing subscription), your subscription will automatically renew for certain periods of time if you do not take certain steps. See below for more information on the automatic renewal terms applicable to subscriptions.

This Terms of Service Agreement (“Agreement”) is made between Pitchgrade, Inc., operator of Pitchgrade.com and You (“User”) who may access and use the service thereon only pursuant to the following terms and conditions.

1. Interpretation and Definitions

2. Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

3. Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Country refers to: Delaware, United States
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Pitchgrade, Inc., 221 N. Broad Street, Suite 3A, Middletown DE 19709.
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Service refers to the Website.
• Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
• Website refers to Pitchgrade, accessible from https://pitchgrade.com
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

4. Pitchgrade usage in general

1. The platform allows a user to compare and rephrase textual content that they have submitted to the platform. The user may change the configuration of Pitchgrade to give different feedback on the text (the "Output"). The Output can be edited to suit the user's purpose.

2. Registration

   To use certain features of the Platform, you may be asked to submit your name, email, and password. The user agrees to: (i) Provide true, accurate, up-to-date and complete information ("User Information") as prompted by any registration form; (ii) Maintain and update its user information in a timely manner to keep it true, accurate, up-to-date and complete . If we think that your information or account is not true, we may suspend or terminate your account. The user is fully responsible for any activities that happen with their account. User agrees to: (1) immediately notify the Company of any unauthorized use of a user’s credentials or any other breach of security; and (2) log off from the application session at the end. Pitchgrade is not responsible if you don't follow these rules.

3. Paid Services

   1. General

      If User purchases the Paid Services offered by Company, User authorizes Company and its designated payment processors to store User’s payment information and other related information. The User also agrees to pay the applicable fees for the Paid Services (including without limitation periodic fees for ongoing subscriptions (the "Subscription Fees") as they become due plus all related taxes (including without limitation taxes on the sale of the Paid Services) and to reimburse Company for all collection costs and interest for any overdue amounts. All fees and charges are nonrefundable and there are no refunds or credits for any partially used Paid Services (including partially used subscription periods) except in cases in which applicable law requires a refund or in cases in which Company decides to give a refund or credit in its sole discretion. When you initially purchase the Paid Services, the Fees may be payable in advance, in arrears, per usage, or as otherwise described. Except as described in Section 4, all prices for Paid Services are subject to change without notice.

   2. Payment Method

      The Company may, from time to time, offer various payment methods, including without limitation payment by credit card, by debit card, by check, or by certain payment providers. User authorizes Company to charge User for Paid Services through any payment method(s) User selects when purchasing the Paid Services (the “Payment Method”) and User agrees to make payment using such Payment Method(s) (Company may, from time to time, receive and use updated payment method information provided by User or that financial institutions or payment processors may provide to Company to update information related to User’s Payment Method(s), such as updated expiration dates or account numbers). Certain Payment Methods, such as credit cards and debit cards, may involve agreements between User and the financial institution, credit card issuer, or other provider of User’s chosen Payment Methods (the “Payment Method Provider”). If Company does not receive payment from User’s Payment Method Provider, User agrees to directly pay all amounts due upon demand from Company. User’s non-termination or continued use of the Paid Services reaffirms that Company is authorized to charge User’s Payment Method.

   3. Automatic Renewal of Subscriptions.

      IF USER PAYS FOR A SUBSCRIPTION BY CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD IDENTIFIED ON COMPANY’S SERVICES OR A SOCIAL NETWORKING SITE AS INVOLVING AN AUTOMATICALLY RENEWING SUBSCRIPTION) AND USER DOES NOT CANCEL USER’S SUBSCRIPTION AS SET FORTH IN THIS SECTION, USER’S SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME DURATION AS THE SUBSCRIPTION TERM ORIGINALLY SELECTED (FOR EXAMPLE, UNLESS USER CANCELS, A ONE MONTH SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A MONTHLY BASIS). UNLESS OTHERWISE INDICATED IN ANY APPLICABLE ADDITIONAL TERMS OR COMMUNICATIONS COMPANY SENDS TO USER’S REGISTERED EMAIL ADDRESS, SUCH RENEWAL WILL BE AT THE SAME SUBSCRIPTION FEE AS WHEN USER FIRST SUBSCRIBED, PLUS ANY APPLICABLE TAXES, UNLESS COMPANY NOTIFIES USER AT LEAST 10 DAYS PRIOR TO THE END OF USER’S CURRENT TERM THAT THE SUBSCRIPTION FEE WILL INCREASE. USER ACKNOWLEDGES AND AGREES THAT USERS PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED FOR SUCH SUBSCRIPTION FEES, PLUS ANY APPLICABLE TAXES, UPON EACH SUCH AUTOMATIC RENEWAL. USER ACKNOWLEDGES THAT USER’S SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND USER CONSENTS TO AND ACCEPTS RESPONSIBILITY FOR ALL RECURRING CHARGES TO USER’S CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD, AS APPLICABLE) BASED ON THIS AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER AUTHORIZATION FROM USER AND WITHOUT FURTHER NOTICE EXCEPT AS REQUIRED BY LAW. USER FURTHER ACKNOWLEDGES THAT THE AMOUNT OF THE RECURRING CHARGE MAY CHANGE IF THE APPLICABLE TAX RATES CHANGE OR IF USER IS NOTIFIED THAT THERE WILL BE AN INCREASE IN THE APPLICABLE SUBSCRIPTION FEES.

   4. Cancellation of Subscription.

      TO CHANGE OR CANCEL USER’S SUBSCRIPTION AT ANY TIME, USER MAY GO TO THE “ACCOUNT SETTINGS” PAGE AFTER LOGGING INTO THE PLATFORM AND ELECT TO “UNSUBSCRIBE.” IF USER CANCELS USER’S SUBSCRIPTION, USER’S SUBSCRIPTION BENEFITS WILL CONTINUE UNTIL THE END OF USER’S THEN-CURRENT SUBSCRIPTION TERM, BUT USER’S SUBSCRIPTION WILL NOT BE RENEWED AFTER THAT TERM EXPIRES. USER WILL NOT BE ENTITLED TO A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR THE THEN-CURRENT SUBSCRIPTION TERM, EXCEPT AS REQUIRED BY APPLICABLE LAW.

   5. Current Billing Information Required.

      User agrees to provide current, complete, and accurate billing information and agree to promptly update all such information (such as changes in billing address, credit card number, or credit card expiration date) as necessary for the processing of all payments that are due to Company. User agrees to promptly notify Company if User’s Payment Method is canceled (for example, due to loss or theft) or if User becomes aware of a potential breach of security related to User’s Payment Method. If User fails to provide any of the foregoing information, User acknowledges that User’s current Payment Method may continue to be charged for Paid Services and that User will remain responsible for all such charges.

   6. Change in Amount Authorized.

      If the total amount to be charged varies from the amount User authorized when purchasing any Paid Services (other than due to the imposition or change in the amount of taxes, including without limitation sales and use taxes, duties or other governmental taxes or fees), Company will provide notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. If User does not cancel your Paid Services before the increased price goes into effect, User agrees to pay the increased price for the Paid Services. User agrees that Company may accumulate charges incurred and submit them as one or more aggregate charge during or at the end of each billing cycle. Company will inform User of any additional charges which are accumulated.

   7. Payment Processors.

      Ordering services through the Platform involves utilizing the secured server of a payment processing service provider (“PSP,” e.g., Stripe). Neither PSP nor any person or company related to PSP holds any ownership interest in the Platform or Company, nor receives any financial benefit from the Platform or Company other than a fee paid by Company to PSP for the services performed by PSP. Company makes absolutely no representations and/or warranties, and provides no assurances, regarding the PSP, the PSP owner, or the quality, availability, legality, or description of the payment processing services offered thereon. COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PSP AND/OR THE SERVICES OFFERED THEREON.

5. Proprietary Rights.

All rights and permissions not expressly granted herein are reserved by Pitchgrade.

1. For the term of this Agreement, and unless as otherwise agreed by Pitchgrade in writing, Pitchgrade grants User a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable right and license to use, for User’s personal and non-commercial purposes, the Platform and any API guidelines solely provided that User adheres to all of the terms and conditions of this Agreement. The foregoing is an express limited use license and not an assignment, sale, or other transfer of the Platform or any patents, copyrights, trade secrets, moral rights, trademarks, know-how, or any related or other rights or interests or other intangible assets recognized under any laws, regulations, or international conventions, in any country or jurisdiction in the world (collectively, “Intellectual Property Rights”) of Pitchgrade or its licensors. Subject to the prohibitions of Section 6, any rights not expressly licensed pursuant to this section are reserved and upon termination of this Agreement, all rights which are licensed shall terminate.
2. User hereby grants Pitchgrade an unlimited, irrevocable, non-exclusive, transferable, assignable, sublicensable right and license to use the Submissions for any purpose including, without limitation, developing the Pitchgrade technology, providing tailored Platform experiences to User, and generating the Output. The non-exclusive license hereby granted to Pitchgrade under this Section will extend to any associated Intellectual Property Rights in the Submissions and will continue in perpetuity, notwithstanding the termination of this Agreement.
3. To the fullest extent permitted by law, Pitchgrade will own all rights, title, and interest in the Output including, without limitation, all Intellectual Property Rights therein. Pitchgrade hereby grants to User a limited, revocable, non-exclusive, transferable, assignable, sublicensable right and license to use the Output, and Intellectual Property rights which may be contained therein, for User’s own purposes.

6. Platform Prohibitions.

User agrees that it may NOT: (a) use the Platform or any content or information available through the Platform for any unauthorized purpose including, without limitation, exceeding Submission limitations and acting beyond the scope of paid services; (b) interfere with or damage the Platform including, without limitation, through the use of viruses, spyware, malware, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, or methods that in any way reproduce or circumvent the navigational structure or presentation of the Platform; (c) use the Platform to collect, store, or distribute any information about any other person; (d) use to Platform to send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third-party privacy rights; (e) use the Platform to impersonate any person, company, or entity; (f) modify, sublicense, assign, give, transfer, translate, sell, resell, reverse engineer, decipher, decompile, or otherwise disassemble any code, data, content, or information available through the Platform or any software components used on or for the Platform or access thereto; (g) attempt to gain unauthorized access to the Platform or its related systems or networks; (h) use any third-party software or scripts to collect information from or through the Platform; (i) distribute, re-distribute, or permit transfer of the Platform or content or information available through the Platform in violation of any export or import law and/or regulation or restriction of the United States of America and its agencies or authorities, or without all required approvals, licenses or exemptions; (j) use the Platform to disseminate, store, or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail; (k) use the Platform to disseminate, store, or transmit files, graphics, software or other material that actually, impliedly, or potentially infringes the copyright, trademark, patent, trade secret, trade name or other Intellectual Property Right of any person, entity, partnership, organization, association or otherwise; (l) adapt, translate, or create any derivative works of the Platform or merge the Platform into any other software; (m) use the Platform to display or promote spyware, adware, spam, or other malicious programs or code, counterfeit goods, items subject to US embargo, hate materials or materials urging acts of terrorism or violence, goods made from protected animal/plant species, recalled goods, any hacking, surveillance, interception, or descrambling equipment, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, the sale of tobacco or alcohol to persons under twenty-one (21) years of age, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, or weapons and accessories; (n) use the Platform to create, train, or improve (directly or indirectly) a similar product, service, or platform, including any other machine learning algorithms or machine translation or paraphrasing system; (o) use or retain translated text or any other Platform data for the purpose of creating, training, or improving (directly or indirectly) a translation service, product, or platform, including any other machine learning algorithms or machine translation or paraphrasing system; (p) display or make available, publicly, more than 300,000 characters of Platform output or Platform input and output in proximate comparative fashion (e.g., side-by-side); (q) unless otherwise agreed by Pitchgrade and User in writing, use the Platform to augment datasets to improve natural language processing systems; or (r) assist any third-party in doing any of the foregoing.

7. Security of User’s System.

User shall be solely responsible for the security, confidentiality, and integrity of all content that User receives, transmits through or stores via the Platform or on any computer, mobile device, or related equipment that is used to access the Platform.

8. Term and Termination.

This Agreement remains effective from the moment User accesses or uses the Platform until terminated. This Agreement will terminate automatically without notice from Pitchgrade if User fails to comply with any provision of this Agreement. Pitchgrade reserves the right, in its sole discretion and without prior notice to User, at any time and for any reason, to: (i) remove or disable access to all or any portion of the Platform; (ii) suspend User’s access to or use of all or any portion of the Platform; and (iii) terminate this Agreement.

9. Links.

The Platform may contain links to other Internet sites and resources, and User hereby acknowledges and agrees that: (i) Pitchgrade shall not be responsible for the availability of such external sites or resources; and (ii) Pitchgrade does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. User agrees that Pitchgrade 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 upon, any such content, goods or services available on or through any such website or resource.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

The service is intended to be accessed and utilized by Users who have attained the age of majority in their respective state or province. By accessing and using the Platform, User hereby represents, warrants, and affirms that it is either at least 18 years of age, an emancipated minor, or has acquired a parent or guardian’s consent. User hereby affirms that it is, at a minimum and without exception, 13 years old. The Platform is not intended to be accessed or utilized by children less than 13 years of age.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 10 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: By visiting this page on our website: https://pitchgrade.com/contact