Terms of Service
1. Introduction
Welcome to Persuasive Pitch. (“we,” “our,” or “us”) and our Terms of Service (the “Terms”).Please read the Terms carefully, as they govern your use of our website https://persuasive-pitch.com(the “Site”), as well as our video creation services accessible on the Site. To make these Terms easier to read, the Site, our products, and our services are collectively called the “Services.”
2. Agreement to Terms.
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity.
3. Privacy Policy.
Your privacy is important to us. Please review our Privacy Policy to learn about the type of information we collect, how we collect information, and how we use and share your information.
4. Changes to these Terms or the Services.
We reserve the right to modify and update the Terms from time to time in our sole discretion. While we are not required to provide notice, we’ll let you know by posting the updated Terms on the Site or through other forms of communication. It’s important that you review the Terms whenever we update or modify them because if you continue to use the Services after we have posted updated Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, then please discontinue use of the Services immediately. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice to you, at our sole discretion.
5. Accuracy of Information.
Occasionally, there may be information on the Site that may contain typographical errors, inaccuracies, or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies, or omissions. In doing so, we also reserve the right to change or update information or cancel orders, if any information on the Site is inaccurate, at any time without prior notice to you.
6. SMS Consent.
By creating an account and providing your phone number during signup, you consent to receive SMS messages from Persuasive Pitch related to your account, product updates, and service notifications. Message frequency may vary. Message and data rates may apply. You may opt out at any time by replying STOP, replying HELP for assistance, or by disabling SMS notifications in your Account Settings under the Preferences section.
7. Feedback.
We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control, to use, create derivative works based upon, and otherwise exploit the feedback for any purpose.
8. Accounts and Membership.
- (a) Account Creation and Profiles. To use the Services, you will need to create a Persuasive-Pitch account ("Account"). Creating an Account will require you to provide us with certain information about you, such as username and password., ("User Information"). In creating an Account, you agree that you are at least thirteen (13) years or older and are not barred from using the Services under applicable law. All User Information provided is governed by our Privacy Policy.
- (b) Account and User Information Protection. It is your responsibility to protect your personal data and maintain the confidentiality of your User Information. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or User Information, or any unauthorized breach of your Account or User Information. You acknowledge and agree that your Account and User Information are personal to you. You agree not to allow any other person to access the Services using your Account. You may not share your User Information (or Account with any other person or allow anyone else to access and use your Account).
- (c) Unauthorized Use of Your Account.We may, but have no obligation to, monitor and review new Accounts before you may sign in and use our Services. Providing false information of any kind may result in the termination of your Account. You must immediately notify us of any unauthorized uses of your Account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your Account (or any part thereof) for any reason, including if we determine that you have violated any provision of these Terms. If we delete your Account for these reasons, you may not re-register for our Services. Persuasive Pitch will not be liable for any loss that you may incur because of someone else using your Account or User Information, either with or without your knowledge.
9. Payment Terms.
Persuasive Pitch offers its Services under several different plans including a 90-day trial to help you decide on the best subscription for your needs. If you choose a paid plan, you will need a valid credit card. If a payment method is required, we use this information to charge your account for the Services, To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we will use certain third-party payment processors (i.e. Stripe) to process payments. The payment platform maintains its own policies that will govern your transaction on them. By providing your debit card, credit card, or bank account information, you represent warrant and covenant that:
- you are legally authorized to provide such information
- you are legally authorized to approve transactions with respect to such debit card, credit card, or bank account
- such actions do not violate the terms and conditions applicable to your use of such debit card, credit card or bank account or applicable law. Any breach of this provision will be deemed material, and you will be held responsible or any damages, fees, costs (including reasonable attorney’s fees) incurred.
Paid accounts will be billed monthly or yearly depending on the subscription you choose. Billing will occur on the day you sign up, and will automatically renew every month or year thereafter on the sign-up anniversary date. There are no refunds on paid accounts, however, you may cancel at any time and will not be charged at the time of the subscription auto-renewal period. You may continue to use the account until it expires at the end of the subscription period for your account. There are no refunds or credits for partial periods of service, upgrade or downgrade refunds, or refunds for periods unused with an open account.
If your billing method expires or changes, and you do not edit or update your billing information or cancel your account, we will send you a single courtesy notice regarding billing information discrepancies. If you fail to provide us with updated billing information more than three (3) days after notice is sent, we reserve the right to disable and terminate access to your account. You authorize us to continue billing during this period, and you will remain responsible for any uncollected amounts.
10. Links to Other Websites.
The Services may link to advertisements or other third-party websites. We are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites, and we do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party website or resources.
11. Prohibited Uses.
In addition to other terms as set forth set forth in these Terms, you are prohibited from using the Site or its Services or Customer Content or Persuasive Pitch Content (as defined in Section 10(b) herein) for:
- any unlawful purpose
- to solicit others to perform or participate in any unlawful acts
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
- to infringe upon or violate our intellectual property rights or the intellectual property rights of any other party
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
- to submit false or misleading information
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, other websites, or the Internet
- to collect or track the personal information of others
- to spam, phish, pharm, pretext, spider, crawl, or scrape
- for any obscene or immoral purpose
- to interfere with or circumvent the security features of the Services, other websites, or the Internet
We reserve the right to terminate your use of the Services for violating any of the prohibited uses. In addition, you may not portray a person in Customer Content or Created Content in a way that may be offensive, including: in connection with adult-oriented services or ads for dating services; in connection with the promotion of tobacco products; in connection with political endorsements; with pornographic, defamatory, unlawful, offensive or immoral content; or as suffering from, or being treated for, a physical or mental ailment.
12. Content and Intellectual Property Rights.
- (a) Content. Our Services allow you to upload, store, or share content such as files, text, documents, graphics, images, music, software, audio and video (collectively “Content”). Any Content (other than Feedback) that you upload, post, or otherwise make available through the Services is referred to as “Customer Content”. Persuasive Pitch does not claim any ownership rights in any Customer Content and nothing in these Terms will be deemed to restrict any rights that you may have to your Customer Content. By using our services, you can transform your Customer Content utilizing the Persuasive Pitch services Customer at all times remains responsible for its Customer Content and the Content it has created (Created Content). Customer agrees to hold Persuasive Pitch harmless from any claim that the Customer Content or Created Content infringes on third-party rights or violates applicable laws, rules to regulations.
- (b) Limited Permissions to Your Content. By adding any Customer Content to our Services or generating Created Content via the Services, you hereby grant to Persuasive Pitch a limited, non-exclusive license, to make the Customer Content and/or Created Content available to you for distribution, public display, to copy, modify, or create derivative works based upon the Customer Content and/or Created Content. This limited license is provided by you on a worldwide royalty-free basis. You also grant to Persuasive Pitch the right to use the Customer Content and Created Content, in a non-identifiable aggregated manner for the limited purposes of evaluating, improving, or enhancing the suite of services, for development, diagnostic or corrective purposes, or otherwise to allow for feature development and other offerings. For clarity, Persuasive Pitch will not use the Customer Content or Created Content for any other external commercial purpose or in a stand-alone format.
- (c) Third-Party Digital Materials. Our Services allow you to access and use licensed visual materials and content provided by third parties that we make available for use via the Services (“Third-Party Digital Materials”). Persuasive Pitch and/or our licensors grant you a non-exclusive, non-transferable, worldwide, license to use, reproduce, distribute, publicly display and publicly perform any Third-Party Digital Materials available for your use in connection with your use of the Services and in the creation of Created Content. You may only use the Third-Party Digital Materials together with your Customer Content and the functionality of the Services. You are prohibited from using any use of the Third-Party Digital Material
- on a standalone basis, personally or commercially, or in printed format, including on another third- party service or otherwise
- for any pornographic, defamatory or other unlawful purposes
- in electronic templates used to create electronic or printed products
- in physical or digital retail products, such as e-cards, calendars, posters or screensavers
- for the purpose of enabling file-sharing of the image file
- as part of any logo, trademarks, services marks or any other brand identifier
- for the training of any machine learning or artificial intelligence technologies
In addition, the restrictions provided in Section 9 also apply as well to Third Party Digital Material embedded in your Created Content. Further, you may not activate “right click” functions or remove any metadata in Third Party Digital Materials, or reverse engineer, decompile or disassemble any of our Site to enable the download of Third Party Digital Materials. This is a limited, non-exclusive, license and it does NOT provide you ownership or any intellectual property rights over the Third Party Digital Material itself. In the event, we receive notice that Third Party Digital Material is no longer available for use, we will provide reasonable notice to you. You may be limited from further use of such Third Party Digital Material for new Created Content.
- (d) Your Responsibility for Customer Content and Created Content. Your Responsibility for Customer Content and Created Content. You are solely responsible for all your Customer Content and Created Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your Customer Content under these Terms. You represent and warrant that neither your Customer Content or Created Content, nor your use and provision of your Customer Content or Created Content to be made available through the Services, nor any use of your Customer Content or Created Content by Persuasive Pitch on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Notwithstanding the foregoing, you are not responsible for the unedited and unmodified Third-Party Content that you use in accordance with the licenses granted to you to such Third-Party Content.
- (e) Removal of Customer Content and Created Content. You can remove your Customer Content and Created Content from the Services by specifically deleting it. You should know that in certain instances, some of your Customer Content (such as posts or comments you make) may not be completely removed and copies of your Customer Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your Customer Content or Created Content
- (f) Persuasive Pitch’es Intellectual Property. These Terms do not transfer to you any intellectual property owned by Persuasive Pitch or any third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Persuasive Pitch. All trademarks, service marks, and logos used in connection with our Site or Services, belong to Persuasive Pitch, our licensors or other third parties.
13. Copyright Policy/DMCA.
Persuasive Pitch respects copyright law and expects its users to do the same. It is Persuasive Pitch’s policy to, in its sole discretion and judgment, terminate Account holders who infringe or are believed to be repeatedly infringing the rights of copyright holders.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that Content infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed or access to it blocked. Federal law requires that your notification include the following information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly Infringed.
You can find ourCopyright Policy here.
14. Disclaimer of Warranty.
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. You agree that your use of our Services, and any Third-Party Content is solely at your own risk. We make no warranty that the Services or Third- Party Content will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the Services will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
15. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PERSUASIVE PITCH, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR (A): ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OF CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF PERSUASIVE PITCH HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. To the maximum extent permitted by applicable law, the aggregate liability of Persuasive Pitch and its affiliates, officers, directors, employees, agents, suppliers and licensors, relating to the Services will be limited to an amount that is the greater of one hundred dollars ($100) or any amounts actually paid or payable by you to Persuasive Pitch for the six month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED OR OBTAINED FROM THIRD-PARTY PROVIDERS IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
The limitations and disclaimers in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law. Because some jurisdictions do not allow the exclusion of or the limitation of liability for consequential or incidental damages, in such jurisdictions, Persuasive Pitch’s liability shall be limited to the extent permitted by law. This provision shall have no effect on Persuasive Pitch’s choice of law provision set forth below.
16. Indemnification.
You agree to indemnify and hold Persuasive Pitch and its affiliates and their officers, directors, employees, and agents harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys’ fees), arising out of or in connection with:
- your use of our Services
- your breach or violation of any of these Terms
- your violation of the rights of any third party
- any third-party intellectual property infringement claims resulting directly from your modification or alteration of the Services;
- your Customer Content
- any negligent or willful misconduct on your part
17. Termination.
We may terminate your access and use of the Services and your Account, at any time, at our sole discretion without notice to you. You may also cancel your Account by emailing us at support@persuasivepitch.ai, giving us at least thirty (30) days notice prior to your intended termination date. If we terminate your access to the Services and your Account, and you have not violated these Terms, you may be eligible for a proration of the amount of your current billing cycle. Upon any termination, discontinuation, or cancellation of the Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, indemnification, warranty disclaimers, limitations of liability, and dispute resolution provisions.
18. Dispute Resolution.
You agree to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of the Services.
- Information negotiations. Parties to a dispute concerning the Terms, Services, or Privacy Policy will attempt to informally negotiate a potential settlement or resolution to the dispute.
- Binding Arbitration. In the event that informal negotiations are unsuccessful, the parties agree to follow the arbitration procedures set forth by the American Arbitration Association to resolve the dispute in the jurisdiction of the state of Arizona. Each party is responsible for paying our own filings, administrative, and arbitrator fees. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The prevailing party shall be entitled to recovery of its costs and fees.
19. General Terms.
- (a) Reservation of Rights. Persuasive Pitch and its licensors exclusively own all right, title, and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.
- (b) Governing Law; Dispute Resolution. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law principles. Any dispute, controversy, or claim arising out of or relating to this Agreement, including its breach, termination, or validity, shall be resolved exclusively through binding arbitration or litigation in Maricopa County, Arizona, except where prohibited by law.
- (c) Entire Agreement.These Terms constitute the entire and exclusive understanding and agreement between Persuasive Pitch and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Persuasive Pitch and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
- (d) Assignment.You may not assign or transfer these Terms, by operation of law or otherwise, without Persuasive Pitch’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be void. Persuasive Pitch may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
20. Contacting Us.
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to support@persuasivepitch.ai