Terms of Use (Beta)

Last Updated: 14/07/2019

1. Scope

These Terms of Use (Beta) (“ToU”) govern the contractual relationship between Pitch Software GmbH, Joachimstrasse 7, 10119 Berlin, Germany (“Pitch”, “we”, “us”, “our”) and you as user of our software ‘Pitch’ available via our website pitch.com (“Website”) or desktop application (“Desktop Application”). The “Service” means the software ‘Pitch’ available via our Website or App as well as any content contained in such software.

These ToU also apply to any other service that we provide in relation to the Service, such as customer support. However, these ToU do not apply to any other service or software we provide. These ToU are a legally binding. If you do not agree to these ToU or any future updated version of them you must refrain from using our Service.

You can access the latest version of these ToU at any time at: https://pitch.com/terms-of-use

2. Sign-up and User Accounts

For signing up and using our Service you need an existing email account. Creating this existing account with the email provider, as well as the download and use of the Service via your browser is covered by separate terms by such third party providers and may require additional acceptance/actions by you. For using the Desktop Application you need to download such Desktop Application.

The download and use of the Service via the Website or the Desktop Application requires the registration as well as the set-up of a user account with Pitch. You must fill in all required fields in the sign-up form truthfully and completely.

By clicking on the respective sign-up-button you submit an offer on the conclusion of an agreement to use our Service and agree to these ToU as well as our privacy policy which are valid at the time of registration. We accept this offer by providing our Service to you. We may send you an email together with a confirmation link to the email address you signed up with after registration and declare the acceptance under the condition that you click on the activation link given in the confirmation email. By you accessing the Service for the first time or confirming the user-specific account, an agreement based on the ToU at hand comes into existence.

There is no legal entitlement for using the Service provided. We have the right to stop or deny any registration without giving any reasons.

You may at any time access and amend the data saved by you in your account on the basis of the availability of the online applications or via contacting us, for example via email to privacy@pitch.com.

3. Minors

You must be at least 16 years old to use our Service. By registering and using our Service you guarantee to Pitch that you are 16 years or older.

4. Legal Representatives

In the event you are using our Service as Business Person you guarantee that you are entitled to represent the respective legal entity or individual person acting as a Business Person named when using our Service. “Business Person” means any natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession (Section 14 BGB).

5. Fees

Our Service is currently free of charge. However, you are responsible for any third party costs that may occur due to the download and/or use of our Service, such as costs for the internet connection, mobile charges and/or storage charges.

We may introduce fees for downloading and/or using the Service at some later point.

6. Errors

You understand that our Service is in “beta” stage and might temporarily not be available for technical or maintenance related reasons. We do not guarantee that our Service and/or services are error-free.

7. Availability

As we provide the download and use of our Service free of charge you have no howsoever claim as to the download and/or use of our Service. We reserve the right to end, suspend or modify our services at our sole discretion at any time without prior notice.

8. Intellectual Property Rights

You acknowledge that all copyrights, trademarks, and other intellectual property rights in and relating to our Service are owned by or licensed to us.

9. License to use the Service

Subject to these ToU and with your successful registration, we grant to you a non-exclusive, revocable license to use our Service for the term of this agreement within the scope of the ToU. You do not obtain any other right with respect to our Service. Hence, you especially have to refrain from copying, decompiling or editing our Service. In case Pitch decides to end its Service you have no claim as to any license in reference to our Service. After termination of the agreement based on these ToU you should be allowed to use the content created via the Service in accordance with these ToU (“Presentations”) and available via the designated download option in the Service (‘download as PDF’) according to this 9. unlimited in time.

10. Third Party Content

The Service may also include content licensed by us or external content service providers. You have no right to distribute modify, transmit, reuse, download, repost, copy or use that content for commercial or non commercial purposes outside or not as part of the Presentations. For details on the external content service providers and the respective licenses please refer to: https://unsplash.com/license, https://www.eyeem.com/en/tos

11. User-Content

When using our Service you may provide or upload content in or as part of our Service such as photos, graphics, texts, etc. (“User-Content”).

12. Rights Grant to Pitch

In general, all copyrights, trademarks, and other intellectual property rights in and relating to such User-Content shall be owned by or licensed by you. When providing any User-Content in the Service you grant to Pitch for the term of the agreement between Pitch and you a world-wide, non-exclusive, royalty-free, sublicensable and transferable license to use, modify, publicly perform, publicly display, reproduce, and distribute User-Content on and through the Service. If such User-Content is provided to us via feedback on the features of our Service such license according to the foregoing sentence shall be unlimited in time and extended to the scope for any use to improve our Service.

13. Warranty

You hereby represent and warrant that, as applicable, (i) you own such User-Content provided by you in the Service, hold the necessary rights or are otherwise authorized to use such User-Content for the purpose of the Service, and (ii) such User-Content does not infringe any third party rights (copyrights, trademarks, other intellectual property rights) or infringes such third party’s privacy.

14. Fair Use Policy

You must comply with your domestic laws that apply to you as to the download and/or use of our Service.

You are solely responsible for your interactions with other users of our Service.

You guarantee that you have all necessary rights with respect to content you submit, or upload and that uploaded content will not infringe any third party rights.

15. Prohibited Use

You agree not to upload, transmit, support, incite, promote or otherwise make available any content that is or could reasonably be viewed as unlawful, racist, hostile, violent, discriminatory (including relating to race, religion, sex, sexual orientation, age, disability, ancestry or national origin), harmful, harassing, defamatory, vulgar, obscene or otherwise objectionable or which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. We have the right to remove uploaded content, if we decide in our sole discretion that it results in or from a breach of law or any part of these ToU.

In particular, you may not

• use our Service for any other purpose than provided for in these ToU;

• interfere with or disrupt our Service or servers or networks;

• remove or amend any proprietary notices or other ownership information from our Service;

• collect or harvest any personally identifiable information, including account names, from the Service;

• decompile, reverse engineer, disassemble or hack any of our Service or defeat or overcome any of our encryption technologies or security measures;

• conduct any action that restricts or inhibits anyone’s use or enjoyment of the Service or may harm or offend or expose us or our users to liability, in particular refrain from use that can disable, overburden, damage or impair the Service (or the ability to engage in real time activities via the Service) or use of robots, spiders or other automatic device, process or mean (to access the Service);

• use any device, software or routine to interfere with the proper working of the Service, in particular not use any viruses, trojan horses, worms, logic bombs or anything malicious or technologically harmful;

• not perform attempts for unauthorised access, interference, damage or disrupt, copying, distributing or disclosing any parts of the Service;

• transmit or procure of any junk mail, chain letter, spam, or any other similar solicitation;

• harm minors by exposure of inappropriate content, including but not limited to User-Content;

• impersonate Pitch, Pitch’s employees or other users of the Service or their employees;

• pursue any threatening, fraudulent, harmful purpose or activity;

• use our Service in any other way not permitted by these ToU.

16. Your Confidentiality Obligation

You hereby agree and undertake, with respect to any information received by using the Service in the beta version (“Confidential Information”):

• to examine and use all Confidential Information only for the purpose of the Service, and not to use the Confidential Information for its own benefit or to compete or obtain advantage vis-à-vis Pitch in any commercial activity or transaction which may adversely affect us;

• not to disclose Confidential Information to any third party, whether in whole or in part either directly or indirectly in any shape or form, except to Pitch’s employees or representatives and/or other users of the Service as is reasonably required in connection with using and downloading the Service;

• not to copy, reproduce or reduce to writing any part of the Confidential Information except as may be reasonably necessary pursuant to the first bullet point above and to ensure that any copies, reproductions or reductions to writing so made shall be the property of Pitch.

This obligation shall not apply to any information that is or becomes generally known to the public through no fault or breach of these ToU or any other confidentiality obligation applicable; is legally known to you at the time of disclosure without an obligation of confidentiality; or you rightfully obtains from a third party without restriction on use or disclosure and without a breach of a confidentiality obligation by such third party.

You are obligated to inform us immediately if you become aware that any user of the Service who acts in violation of these ToU.

Nothing in these ToU grant any rights to you under any patent, copyright, trade secret or other intellectual property right nor will these ToU grant you any rights in or to the Confidential Information except as expressly set forth in these ToU.

The breach of this confidentiality obligation may cause irreparable harm to us, the extent of which would be difficult to ascertain. Accordingly, in addition to any other remedies to which we may be legally entitled, we will have the right to seek injunctive relief in the event of a breach by you.

17. Your Feedback

Your feedback on the Service is crucial to us to continue developing Service and products. You shall grant Pitch exclusively in perpetuity and worldwide, the unlimited, sub-licensable, transferable, irrevocable and royalty free rights to use and exploit any submitted feedback in form of work results, in particular, any copyrights as well as possibly other intellectual property rights created in the context of your feedback for all known and unknown types of use. Such rights of use include the authorization to revise, change, reproduce or have reproduced the submitted work results and exploit them in any way known or hereinafter developed.

18. Breach of these ToU

If you download or use our Service in breach of these ToU we reserve the right to suspend and/or terminate your access to our Service and to revoke the license granted in these ToU.

You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these ToU by you.

19. Pitch’s Liability

For services by Pitch free of charge the following shall apply: To the extent that Pitch provides services to you free of charge, Pitch shall only be liable in accordance with the statutory provisions, provided that claims for damages are based on willful intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit).

For services by Pitch against payment the following shall apply: To the extent that Pitch provides services to you against payment, Pitch shall only be liable for any loss or damages caused by willful intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit). Pitch shall only be liable for slight negligence, if an essential contractual obligation is violated, which is indispensable for the duly execution of the contract and thereby jeopardizes the achievement of the contract purpose.

The limitation of liability in the above mentioned paragraphs of this 19 does not apply to claims for damages that result from injury to life, body or health, in cases of warranting for the condition of a product or service, under the Product Liability Act and in cases of fraudulent concealment of defects by Pitch.

The limitation and/or restriction of Pitch’s liability in this 19 shall equally apply to the personal liability of its legal representatives, officers, employees, assistants in performance and agents.

20. Indemnification

You shall defend, hold harmless and indemnify Pitch, its representatives, employees and agents and keep them indemnified against any losses, damages, expenses, costs, actions, claims, suits, litigation, causes of action, obligations, demands and liabilities which may be brought against Pitch by any third party for anything done or omitted in connection with (i) the your use of the our Service, including transmitting Content, (ii) your violation of these ToU and (iii) the exercise or purported exercise of Pitch’s rights hereunder.

In the event of an enforcement of claims by a third party, you shall - immediately, truthfully and completely - provide us with all available information that is needed for the examination of the claim and for the defense against it and not to settle any claim without our prior written consent.

21. Termination

You or Pitch may terminate this agreement with immediate effect anytime.

Upon expiration of the term, the license related to the Service ceases immediately, you will have no longer access to the Service and you must delete all copies of the Service.

22. Privacy

For processing your personal data the legal provisions set out in the EU General Data Protection Regulation (GDPR) and our privacy policy (https://pitch.com/privacy-policy) applies. In addition to the information and providers set forth in such privacy policy the following shall apply:

For using the Service we (as well as our engaged third party providers) process your personal data provided, in particular, contact data (such as your email address), usage data (when downloading or using the Service), content data (when the User-Content, feedback or other content provided by you contains personal data). Your data will be used for the following purposes when downloading and using the Service:

• to carry out our pre-contractual or contractual relationship with you, in particular, for downloading the Service and for providing the functionality of the Service to you as described in detail in these ToU (legal basis: Art. 6 (1) b. GDPR),

• to implement the ToU and our privacy policy and carrying out the contractual relationship with you (legal basis: Art. 6 (1) a., b. GDPR),

• to document and store data according to applicable legal obligations, in particular, legal retention periods applying for us (legal basis: Art. 6 (1) c. GDPR),

• to enforce, exercise and defense legal claims (legal basis: Art. 6 (1) f. GDPR) with our legitimate interest that may be, for example, in the assertion of legal claims and defense in legal disputes;

• to analyze your use of our Service and improve our Service with our legitimate interests of quality assurance and marketing (legal basis: Art. 6 (1) f. GDPR),

• to analyze your use and feedback of the Service and cooperate with our below mentioned partners based on your consent (Art. 6 (1) a. GDPR) and/or with the legitimate interest of marketing (legal basis: Art. 6 (1) f. GDPR),

• with your consent to data processing for the purpose(s) named herein (legal basis: Art. 6 (1) a. GDPR);

• as otherwise explained in the ToU or our privacy policy or by any communication by us.

You provide data if this is necessary for the aforementioned purposes. In the event you refrain from providing such data you may face disadvantages, for example, limited or no possibility of using our Service.

You may delete and change entered data via message to privacy@pitch.com; except for changing your data linked to the email address used for sign-up for the Service, whereas you need to contact the respective email provider.

Amplitude by Amplitude, Inc., 501 2nd Street, Suite 100, San Francisco, CA 94107, USA: The service analyzes your usage data of the service on our behalf based on our legitimate interest of improving our product (legal basis: Art. 6 (1) f. GDPR). To show compliance with EU data protection standards Amplitude Inc. is certified according to the EU-US-Privacy-Shield (see: https://www.privacyshield.gov). For further information please also refer to https://amplitude.com/privacy#customer-end-user-data.

Intercom by Intercom Inc., 55 2nd St, 4th Fl., San Francisco, CA, 94105, USA and Intercom R&D Unlimited Company, 2nd floor, Stephen court, 18-21 St. Stephen’s green, Dublin 2, Ireland: When you use the message tool and/or customer service within our Service, your data, such as name, email address, used operating system, browser version, referrer, IP address as well as the content of your message(s) will be transferred to Intercom and stored on Intercom’s servers in the US. To show compliance with EU data protection standards Intercom Inc. is certified according to the EU-US-Privacy-Shield (see: https://www.privacyshield.gov). Intercom will then use these data to provide and fulfill its services vis-à-vis us (as set forth in their terms of service, available at https://docs.intercom.com/pricing-privacy-and-terms/intercom-terms-of-service) in order to answer your questions and customer inquiries relating to our Service (legal basis: Art. 6 (1) b., f. GDPR). Any questions regarding the services of Intercom may be addressed to us or directly to Intercom, for example via email to team@intercom.com. For further information please also refer to: https://www.intercom.com/privacy

Canny.io by Product Pains Inc., USA: The service Canny.io provides the possibility for you to give us feedback on our features in our Service, partially based on our legitimate interest of improving our product (legal basis: Art. 6 (1) a., b. and f. GDPR). For this purpose your usage data and your feedback typed in is processed and stored by the provider of Canny.io and us. Your account information (name, photo (as applicable)) as well as the information related to the feedback provided are shown to the other users of the Service. We have entered into a data processing agreement with Canny.io. To show compliance with EU data protection standards Product Pains Inc. has agreed to a data processing agreement with us, including the EU Standard Contractual Clauses (see: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en). For further information please also refer to: https://canny.io/privacy

Bugsnag by Bugsnag, Inc., 939 Harrison St, San Francisco, / 110 Sutter St, Suite 1000, San Francisco, CA 4104, USA: Bugsnag processes usage data (such as your IP address) on our behalf (https://docs.bugsnag.com/legal/dpa/) to monitor the stability and errors in our Service with our legitimate interest of quality assurance (legal basis: Art. 6 (1) f. GDPR). To show compliance with EU data protection standards Bugsnag Inc. is certified according to the EU-US-Privacy-Shield (see: https://www.privacyshield.gov). For further information please also refer to: https://docs.bugsnag.com/legal/privacy-policy/

PushMetrics by PushMetrics GmbH, August-Bebel-Str. 89, 14482 Potsdam, Germany: PushMetrics analyzes your usage data of the Service on our behalf based on our legitimate interest of improving our product (legal basis: Art. 6 (1) f. GDPR). We have entered into a data processing agreement with PushMetrics. For further information please also refer to: https://pushmetrics.io/privacy

23. Alternative settlements of disputes

The European Commission provides a platform for an online settlement of disputes which can be accessed under https://ec.europa.eu/consumers/odr/. Pitch is neither obliged to take part in alternative dispute resolutions before a consumer dispute settlement commission or will do so voluntarily.

24. Amendments to these ToU

We reserve the right to change these ToU at any time without indicating the reasons. We will notify you of the changed terms via email no later than four weeks before these take effect. The notification will include a link to the full version of the changed terms. If you do not object to the new terms within four weeks after receipt of the notification, the amended terms shall be deemed accepted.

25. Final Provisions

This agreement and its interpretation are subject to the jurisdiction of the Federal Republic of Germany, to the exclusion of the Convention of the United Nations on Contracts for the International Sale of Goods (CISG). Any statutory provisions on the limitation of the choice of law as well as the applicability of mandatory laws especially by the state, in which you as consumer has his usual place of residence, shall not be deemed affected.

Place of jurisdiction for each and any legal dispute arising from or being in connection with this contract shall be the registered office of Pitch, provided you are a business person and to the extent permitted by and compatible with the law.

In case individual provisions in these ToU including this provision are or become invalid, or in case of gaps arising in these ToU, the validity of all other provisions will not be deemed affected thereby. Instead of the ineffective provision or for replenishment of gaps an adequate provision will apply. In case this may constitute an unreasonable hardship for one of the contracting parties the contract shall become ineffective as a whole.

26. How to Contact Us

You may contact us at any time via:

Pitch Software GmbH, Joachimstrasse 7, 10119, Berlin, Germany

phone: +49 30 9837 0206

email: hello@pitch.com

Version 1.0.1 (14/07/2019)