Terms of Service
1. Introduction
These Terms of Service (the "Terms") govern your access to and use of the PitchFit software-as-a-service platform, website, and related services (collectively, the "Service") provided by PitchFit, Inc., a Delaware corporation with its principal place of business in Kansas City, Missouri ("PitchFit," "we," "us," or "our").
By creating an account, clicking "I agree," or accessing or using the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, in which case "you" and "Customer" refer to that entity.
If you do not agree to these Terms, you must not use the Service.
2. Eligibility and Account Registration
2.1 Eligibility
You may use the Service only if you:
- are at least 18 years old;
- have the legal capacity to enter into a binding contract; and
- are using the Service for business purposes on behalf of a validly existing legal entity.
2.2 Account Information
To access the Service, you must create an account and provide accurate, current, and complete information. You agree to keep your account information up to date.
2.3 Account Security
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must promptly notify us at help@getpitchfit.io of any unauthorized use or suspected breach of security.
2.4 No Professional or Investment Advice
The Service is designed to help you improve the quality and clarity of your pitch and may provide analytical and educational feedback, scores, and benchmarking. The Service and any outputs are not legal, financial, investment, or fundraising advice and do not create any attorney-client, investment adviser-client, or other professional-client relationship. You remain solely responsible for your fundraising decisions, your compliance with applicable laws and regulations, and any use you make of feedback from the Service. PitchFit does not guarantee that using the Service will result in any particular investment, funding, or business outcome.
3. Service Access and License
3.1 Grant of License
Subject to these Terms and while you have an active account and available credits, PitchFit grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service solely for your internal business purposes.
3.2 Usage Limits
Your use of the Service is subject to the credits or analyses you have purchased. Each analysis consumes credits as described at the time of purchase. You agree not to exceed the usage limits associated with your purchased credits.
3.3 Modifications to the Service
We may modify, enhance, or discontinue features of the Service from time to time. If we make a material change that significantly reduces core functionality, we will use commercially reasonable efforts to notify you in advance via the Service or by email.
4. Acceptable Use and Video Content
4.1 General Restrictions
You must not, and must not allow any third party to:
- Use the Service in any unlawful, fraudulent, or harmful manner, or in violation of any applicable law or regulation;
- Upload, transmit, or store content that is illegal, infringing, defamatory, obscene, harassing, or otherwise objectionable;
- Attempt to gain unauthorized access to the Service, accounts, or related systems or networks;
- Interfere with or disrupt the integrity or performance of the Service (including through excessive automated requests, denial-of-service attacks, or resource abuse);
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying ideas or algorithms of any part of the Service (except to the extent such restriction is prohibited by applicable law);
- Bypass or circumvent any security or access controls, or use the Service to develop a competing product or service;
- Remove, alter, or obscure any proprietary or legal notices;
- Use the Service in high-risk environments where failure could result in death, personal injury, or severe physical or environmental damage.
4.2 Video Content Standards
You are solely responsible for the pitch videos and other content you upload. You agree not to upload or submit any content that:
- infringes or misappropriates any third-party rights, including copyright, trademark, trade secret, or privacy/publicity rights;
- contains unlawful, defamatory, or misleading statements about any person, company, or investment opportunity;
- discloses confidential or proprietary information of a third party without authorization;
- constitutes harassment, hate speech, threats, or other abusive behavior; or
- otherwise violates applicable law.
4.3 Securities and Compliance
You are responsible for ensuring that your use of the Service and your pitch content comply with any applicable securities, fundraising, or advertising laws that may apply to your activities. PitchFit does not provide legal, financial, or investment advice and does not vet or approve any pitch.
4.4 Removal and Suspension
PitchFit may remove or disable access to any video or other content, and may suspend or terminate your access to some or all of the Service, if PitchFit reasonably believes that your use violates these Terms, presents a security or legal risk, or could harm other users, third parties, or PitchFit.
5. Credits, Fees, and Payment
5.1 Pay-Per-Use Model
The Service is offered on a pay-per-use basis. You may purchase credits for pitch video analyses in various packages (for example, a single analysis for $49, a pack of five analyses for $79, or other packages as described on our pricing page). Each credit or credit pack entitles you to a specified number of pitch video analyses as described at the time of purchase.
5.2 Fees and Non-Refundability
You agree to pay the fees shown for the selected credits or analysis packages at the time of purchase. Unless expressly stated otherwise or required by law, all purchases are prepaid and non-refundable. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities; you are responsible for payment of all such amounts (excluding PitchFit's income taxes).
5.3 Credit Usage and Expiration
Credits are deducted from your account balance when you submit a pitch video for analysis. Credits do not expire unless otherwise stated at the time of purchase or in your account.
5.4 No Automatic Renewal
Because the Service operates on a pay-per-use model, there is no automatic subscription renewal. You will only be charged when you actively purchase additional credits or analysis packages.
5.5 Payment Processing
We may use third-party payment processors to collect fees. You authorize us and our payment processors to charge your selected payment method for all purchases made under your account. If any payment is rejected or fails, we may suspend access to the Service until payment is successfully processed.
5.6 Price Changes
We may change prices for credits, analyses, or packages at any time for future purchases. Price changes will not affect credits you have already purchased but not yet used.
6. Promotional Credits and Trials
6.1 Free Trials or Promotional Credits
From time to time, we may offer free trial credits or promotional credits to new or existing customers. Any such promotional credits are subject to the specific terms disclosed at the time of the offer (including expiration dates and usage restrictions) and may not be combined with other offers unless explicitly permitted.
7. Intellectual Property
7.1 PitchFit IP
As between you and PitchFit, we and our licensors own all rights, title, and interest in and to the Service, including all software, technology, materials, user interface designs, know-how, AI models, algorithms, and associated intellectual property rights. No rights are granted to you except as expressly stated in these Terms.
7.2 Feedback
If you provide suggestions, ideas, or feedback regarding the Service ("Feedback"), you grant PitchFit a worldwide, perpetual, irrevocable, royalty-free license to use and exploit such Feedback for any purpose without restriction or obligation to you.
8. Customer Data, Videos, and Privacy
8.1 Customer Data Ownership
"Customer Data" means any data, content, or materials that you or your authorized users submit to or generate in the Service, including pitch videos, audio, transcripts, and related metadata (excluding PitchFit IP and Aggregated Data as defined below). As between you and PitchFit, you retain all rights to Customer Data.
8.2 License to Provide the Service
You grant PitchFit a non-exclusive, worldwide, royalty-free license to host, copy, process, transcribe, analyze, and display Customer Data solely as necessary to provide and maintain the Service, including providing automated feedback, scoring, benchmarking, and analytics on your pitch videos.
8.3 Private Videos; No Public Use
PitchFit will treat pitch videos as private to the account that uploaded them and will not publicly display, publish, or share your videos with third parties for marketing, case studies, or demo purposes without your separate, explicit written permission.
8.4 AI and Analytics
PitchFit may use third-party AI services, including transcription and language-model providers (such as OpenAI Whisper and Anthropic Claude), to process Customer Data on your behalf in order to generate feedback, scores, transcriptions, and insights. Such providers act as service providers or processors to PitchFit, and PitchFit will contractually require them to protect Customer Data in accordance with applicable law and industry-standard security practices.
8.5 De-identified and Aggregated Data
PitchFit may generate de-identified and/or aggregated data derived from Customer Data (for example, anonymized statistics, benchmarks, or insights across multiple customers) and use such data for analytics, improving the Service and AI models, and other lawful business purposes ("Aggregated Data"), provided that Aggregated Data does not identify you, your users, or any individual.
8.6 No Selling or Sharing of Customer Data
PitchFit does not sell Customer Data and does not share pitch videos with third parties for their independent marketing or advertising purposes.
8.7 Privacy Policy
Our collection, use, and disclosure of personal information in connection with the Service are described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you acknowledge and agree to the Privacy Policy.
8.8 Data Export and Deletion
At this time, the Service does not provide a self-service download of Customer Data. You may request deletion of your account and associated pitch videos by contacting us at help@getpitchfit.io from the email address associated with your account. Upon verified request or account closure, PitchFit will delete or anonymize Customer Data (including stored videos) within thirty (30) days, except to the limited extent PitchFit is required to retain certain information for legal, security, or compliance purposes.
9. Security
PitchFit implements reasonable and appropriate technical and organizational measures designed to protect Customer Data against unauthorized access, use, alteration, or destruction. While no online service can guarantee absolute security, we maintain safeguards that are intended to be consistent with industry standards for B2B SaaS companies providing AI-driven analytics. Additional information about our security practices may be provided on our website or upon request.
10. Third-Party Services
The Service may interoperate with or contain links to third-party services, software, or content that are not controlled by PitchFit ("Third-Party Services"). Use of Third-Party Services is governed solely by the terms and policies of those third parties. PitchFit is not responsible for, and does not endorse, any Third-Party Services, and disclaims all liability arising from your use of them.
11. Confidentiality
Each party may have access to non-public information of the other party that is identified as confidential or that reasonably should be understood to be confidential ("Confidential Information"). Each party will:
- Use the other party's Confidential Information only as necessary to perform its obligations and exercise its rights under these Terms; and
- Protect the other party's Confidential Information using at least reasonable care and safeguards similar to those used for its own Confidential Information of a similar nature, but in no event less than reasonable care.
Confidential Information does not include information that: (a) is or becomes publicly available through no breach by the receiving party; (b) was rightfully known to the receiving party without restriction prior to disclosure; (c) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information; or (d) is rightfully obtained by the receiving party from a third party without breach of confidentiality obligations.
12. Warranties and Disclaimers
12.1 Service Warranty
PitchFit will use commercially reasonable efforts to make the Service available in accordance with these Terms.
12.2 Disclaimers
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 12.1 ABOVE, THE SERVICE AND ALL RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PITCHFIT EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
PitchFit does not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components, or that it will meet your requirements or expectations. PitchFit does not guarantee the accuracy, reliability, or completeness of any AI-generated feedback, scores, or analytics provided through the Service.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
13.1 Exclusion of Certain Damages
NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
13.2 Cap on Direct Damages
EACH PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO PITCHFIT FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
13.3 Exceptions
The limitations in this Section 13 do not apply to:
- your payment obligations;
- your breach of Section 4 (Acceptable Use and Video Content);
- your breach of Section 7 or 8 (intellectual property or data obligations); or
- liability that cannot be excluded or limited under applicable law.
To the extent any limitation is not enforceable in a given jurisdiction, the parties' liability will be limited to the fullest extent permitted by law.
14. Indemnification
14.1 By PitchFit
PitchFit will defend you against any third-party claim alleging that your authorized use of the Service directly infringes a valid U.S. patent, copyright, or trademark, and will pay any damages and reasonable attorneys' fees finally awarded against you in connection with such claim, or amounts agreed in a settlement approved by PitchFit, provided that you:
- promptly notify PitchFit in writing of the claim;
- grant PitchFit sole control of the defense and settlement; and
- provide PitchFit with all reasonable assistance (at PitchFit's expense).
14.2 Exclusions
PitchFit will have no obligation under Section 14.1 to the extent a claim arises from:
- modification of the Service by anyone other than PitchFit;
- combination of the Service with products, services, or data not provided by PitchFit;
- your misuse or unauthorized use of the Service; or
- compliance with your instructions or specifications.
14.3 IP Remedies
If the Service is, or in PitchFit's reasonable opinion is likely to be, the subject of an infringement claim, PitchFit may, at its option and expense:
- modify the Service to make it non-infringing;
- replace the Service with a non-infringing service that is substantially equivalent; or
- terminate your access to the affected portion of the Service and refund any prepaid, unused credits on a pro-rata basis.
This Section 14.1 through 14.3 states PitchFit's sole liability and your exclusive remedy for any infringement claim.
14.4 By Customer
You will indemnify, defend, and hold harmless PitchFit and its officers, directors, employees, and agents from and against any third-party claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Customer Data, including any pitch videos or content you upload;
- your use of the Service in violation of these Terms or applicable law; or
- any services or offerings you provide to third parties using the Service.
15. Term, Suspension, and Termination
15.1 Term
These Terms take effect when you first accept them or first use the Service and continue until your account is closed or these Terms are terminated as described in this Section 15.
15.2 Suspension
We may suspend your access to the Service immediately if we reasonably believe: (a) you are in material breach of these Terms (including payment failure or violation of Section 4); (b) your use poses a security risk or may adversely impact the Service or other users; or (c) we are required to do so by law or a governmental authority.
15.3 Termination by Customer
You may close your account at any time by contacting us at help@getpitchfit.io. Upon account closure, any unused credits will be forfeited and no refund will be provided except as required by law.
15.4 Termination for Cause
Either party may terminate these Terms upon written notice if the other party materially breaches these Terms and fails to cure such breach within 30 days after receiving written notice describing the breach.
15.5 Account Closure
To request closure of your account, please contact us at help@getpitchfit.io from the email address associated with your account. We may take reasonable steps to verify your identity before processing your request. Account closure will not relieve you of any obligation to pay fees incurred prior to the effective date of closure.
15.6 Effect of Termination
Upon termination or account closure:
- your rights to use the Service will cease;
- you must stop all use of the Service;
- we may disable your account and will delete or anonymize Customer Data as described in Section 8.8;
- any unused credits will be forfeited; and
- any fees owed will become immediately due and payable.
15.7 Survival
Sections 5 (payment obligations), 7 (Intellectual Property), 8.5, 8.6, and 8.8 (data rights and deletion), 11 (Confidentiality), 12.2 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), 15.6–15.7 (effects of termination and survival), and 16–17 will survive termination or account closure.
16. Governing Law and Dispute Resolution
16.1 Governing Law
These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-law principles.
16.2 Venue
Any legal action or proceeding arising out of or related to these Terms or the Service will be brought exclusively in the state or federal courts located in Jackson County, Missouri, and each party consents to the personal jurisdiction and venue of such courts.
17. Changes to Terms
We may update these Terms from time to time. If we make material changes, we will provide notice by posting the revised Terms on our website and updating the "Last Updated" date above, and/or by sending an email to the address associated with your account. The revised Terms will become effective on the stated effective date. By continuing to access or use the Service after the effective date, you agree to the updated Terms. If you do not agree, you must stop using the Service.
18. General Provisions
18.1 Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and PitchFit regarding the Service and supersede all prior or contemporaneous agreements, proposals, or representations, written or oral.
18.2 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without PitchFit's prior written consent. PitchFit may assign these Terms freely in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
18.3 Independent Contractors
The relationship between you and PitchFit is that of independent contractors. These Terms do not create a partnership, joint venture, or agency relationship.
18.4 Force Majeure
PitchFit will not be liable for any delay or failure to perform due to events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet or telecommunication failures, or utility outages.
18.5 Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be deemed modified to the minimum extent necessary to make it valid and enforceable.
18.6 No Waiver
No waiver of any provision of these Terms will be effective unless in writing and signed by the waiving party. A party's failure to enforce any right or provision is not a waiver of that right or provision.
18.7 Notices
Notices to you may be given via the Service, by email to the address associated with your account, or by posting on our website. Notices to PitchFit must be sent to help@getpitchfit.io18.8 Contact Information
If you have any questions about these Terms, please contact us at help@getpitchfit.io.