Pitchyour.app

1. Agreement to Terms

Welcome to Pitchyour.app! These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Pitchyour.app ("Company," "we," "us," or "our"), governing your access to and use of the Pitchyour.app website and application (the "Service"). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree to all of these Terms, then you may not access or use the Service.

2. Beta Service Disclaimer

You acknowledge and agree that the Service is currently in a "beta" testing phase and is provided "as is" and "as available," without any warranties or guarantees of any kind, express or implied.

Experimental Nature: The Service is experimental and has not been fully tested. It may contain bugs, errors, defects, and other problems that could cause system failures, data loss, or other issues. Your use of the Service is at your sole risk.
No Guarantees: We do not guarantee the Service's uptime, reliability, security, accuracy, completeness, or the future availability of any features. We are not obligated to provide any maintenance, technical support, or updates for the Service during this beta phase.
Data and Feature Changes: We reserve the right, at our sole discretion, to modify, suspend, or discontinue, temporarily or permanently, the Service or any part thereof, including features, functionalities, or content, at any time and without prior notice. In rare cases, data submitted to the Service may be lost, corrupted, or wiped during this beta phase without prior notice or compensation. We strongly advise you to back up any critical data you submit to the Service.

3. Intellectual Property

Your Idea: You retain ownership of all intellectual property rights, including copyright and any other proprietary rights, in the content, ideas, pitches, and other materials ("Your Content") you submit, post, or display on or through the Service. By submitting Your Content, you represent and warrant that you have all necessary rights, licences, and consents to Your Content and that Your Content does not infringe upon, misappropriate, or violate the intellectual property rights, privacy rights, or any other rights of any third party.
Our Promise: Pitchyour.app is committed to protecting your intellectual property. We will not use, develop, or build upon your submitted ideas, concepts, or pitches for commercial purposes without entering into a separate, explicit written partnership agreement with you that clearly outlines the terms of such collaboration and any compensation.
Service Intellectual Property: All rights, title, and interest in and to the Service (excluding Your Content), including all software, code, design, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, video, and other intellectual property rights related thereto, are and will remain the exclusive property of Pitchyour.app and its licensors.
Feedback: If you choose to provide us with any feedback, comments, suggestions, ideas, improvements, or bug reports regarding the Service ("Feedback"), you hereby grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, sublicensable, and transferable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such Feedback in any form, media, or technology, whether now known or hereafter developed, for any purpose, without any obligation or compensation to you.

4. User Conduct

You agree to use the Service only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Service. You agree not to:

Submit any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Upload, post, or transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
Upload, post, or transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service.
Attempt to gain unauthorised access to the Service, other accounts, computer systems, or networks connected to the Service through hacking, password mining, or any other means.
Use the Service for any commercial purpose without our express written consent.
Engage in any activity that would constitute a criminal offence or give rise to a civil liability.

We reserve the right to remove any content and terminate accounts that violate these Terms or are otherwise objectionable, at our sole discretion, without prior notice.

5. Disclaimers of Warranties

The Service is provided on an "as is" and "as available" basis. To the fullest extent permissible pursuant to applicable law, Pitchyour.app disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Pitchyour.app does not warrant that the Service will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Service or the servers that make it available are free of viruses or other harmful components. Pitchyour.app does not warrant or make any representations regarding the use or the results of the use of the content or materials in the Service in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction.

6. Limitation of Liability

To the maximum extent permitted by applicable law (including the Australian Consumer Law), in no event shall Pitchyour.app, its affiliates, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Pitchyour.app has been advised of the possibility of such damages), arising out of or in connection with your access to or use of or inability to access or use the Service during this beta phase. This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis.

7. Indemnification

You agree to indemnify, defend, and hold harmless Pitchyour.app, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms or your use of the Service.

8. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of South Australia, Australia, without regard to its conflict of law principles.

Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or invalidity thereof shall be resolved by negotiation in good faith between the parties. If the parties are unable to resolve the dispute through negotiation within a reasonable period, the dispute shall be submitted to mediation in Adelaide, South Australia, before resorting to litigation.

9. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will 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, you are no longer authorised to use the Service.

10. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Miscellaneous

Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Pitchyour.app regarding the use of the Service.
Severability: If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Pitchyour.app's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

12. Contact Us

If you have any questions about these Terms, please contact us at: support@pitchyour.app

Terms of Service & Beta Agreement