24/7 PITCHBIZ CONSULTANTS PVT. LTD. (“PITCH BIZ”)

USER AGREEMENT

LAST UPDATED OCTOBER 31, 2022

1. PITCH BIZ – WHAT DO WE DO?

WE PROVIDE SERVICES SUCH AS PITCH DECK, FINANCIAL MODEL, VALUATION REPORT, BUSINESS PLANS AND OTHER FUNDRAISING SERVICES.

2. TERMS AND CONDITIONS

BY USING ANY OF THE SOFTWARE, APPLICATIONS, OR WEBSITES (COLLECTIVELY, “SERVICES”) OFFERED BY PITCH BIZ, YOU (AS THE USER) AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (“TERMS OF SERVICE” OR “AGREEMENT”). PITCH BIZ RESERVES THE RIGHT TO UPDATE AND CHANGE THIS AGREEMENT FROM TIME TO TIME WITHOUT NOTICE. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE CURRENT SERVICES, INCLUDING THE RELEASE OF NEW TOOLS AND RESOURCES, SHALL BE SUBJECT TO THIS AGREEMENT. CONTINUED USE OF THE SERVICES AFTER ANY SUCH CHANGE(S) SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES.

VIOLATION OF ANY OF THE TERMS AND CONDITIONS BELOW WILL RESULT IN THE TERMINATION OF YOUR SERVICES WITHOUT ANY REFUND. WHILE PITCH BIZ PROHIBITS CERTAIN CONDUCT WHILE USING THE SERVICES, YOU UNDERSTAND AND AGREE THAT PITCH BIZ CANNOT BE RESPONSIBLE FOR CONTENT POSTED BY YOU OR OTHER USERS OF THE SERVICES (USER CONTENT). YOU AGREE TO USE THE SERVICES AT YOUR OWN RISK.

3. FEES AND PAYMENTS

(A) YOU WILL BE CHARGED 50% FOR INITIATION OF THE SERVICES IN ADVANCE ONE TIME BASIS DEPENDING ON WHICH SERVICE YOU HAVE SELECTED. A FULL REFUND FOR THE SERVICES MAY BE ISSUED IF A REFUND HAS BEEN REQUESTED OR THE PROJECT HAS BEEN CANCELLED BEFORE INITIATION OF PROJECT BUT WITHIN 5 DAYS OF PAYMENT. A 50% REFUND AND CREDIT TOWARDS YOUR ACCOUNT WITH PITCH BIZ MAY BE ISSUED IF THE PROJECT IS INITIATED AND IS CANCELED OR A REFUND HAS BEEN REQUESTED VIA EMAIL WITHIN 1 WEEKS OF INITIAL PURCHASE AND THE TOTAL NUMBER OF HOURS OF SERVICE PROVIDED DOES NOT EXCEED MORE THAN 3 HOURS. IN NO REFUND SITUATION, IT HAS NO EXPIRY DATE AND CAN BE USED TOWARDS ANY OTHER SERVICE WITH PITCH BIZ. NO REFUNDS WILL BE ISSUED IF THE SERVICE TAKEN WAS MORE THAN TWO WEEKS. THIS REFUND POLICY DOES NOT APPLY TO ANY ADVERTISING CHARGES, FULLY MANAGED SERVICES OR ANY SPECIAL PRICING PLANS OR DISCOUNTS. 

(B) IF YOU SIGN UP FOR A FREE CONSULTATION CALL OF A PITCHBIZ, AND MADE THE PAYMENT AND YOU DO WANT TO INITIATE THE PROJECT FURTHER THE SAME SHALL BE COMMUNICATED WITHIN 5 DAYS TO CANCEL THE PROCESS. PITCH BIZ RESERVES THE RIGHT TO CHARGE YOU FOR AMOUNTS OWING IN LESS THAN THE TOTAL AMOUNT OWING UNTIL THE FULL AMOUNT HAS BEEN CHARGED. 

(C) ALL CHARGES ARE EXCLUSIVE OF APPLICABLE FEDERAL, PROVINCIAL, STATE, LOCAL OR OTHER GOVERNMENTAL SALES, GOODS AND SERVICES, HARMONIZED OR OTHER TAXES, FEES OR CHARGES NOW IN LAW OR ENACTED OR ENFORCED IN THE FUTURE.

(D) FOR ANY UPGRADE OR DOWNGRADE IN PLAN LEVEL, YOU WILL AUTOMATICALLY BE CHARGED THE NEW RATE ON YOUR NEXT BILLING CYCLE. DOWNGRADING YOUR SERVICES MAY CAUSE YOU TO LOSE ACCESS TO CERTAIN SERVICES AND PRICING OF YOUR ACCOUNT OR THE SERVICES. PITCH BIZ DOES NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.

(E) PRICES OF ALL SERVICES, ARE SUBJECT TO CHANGE UPON 30 DAYS NOTICE FROM US. SUCH NOTICE MAY BE PROVIDED AT ANY TIME BY POSTING THE CHANGES TO THE MAIL OF CLIENT OR SUCH OTHER METHOD AS CHOSEN BY PITCH BIZ.

(F) PITCH BIZ SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, PRICE CHANGE, SUSPENSION OR DISCONTINUANCE OF ANY OF THE SERVICES. BY UTILIZING THE SERVICES OF THIS AGREEMENT YOU ACCEPT THE TERMS HEREIN AND AGREE TO WAIVE YOUR RIGHT TO FILE A CLAIM FOR LOSSES, DAMAGES, ETC. AGAINST PITCH BIZ AND ITS AFFILIATES FOR ANY SUCH CHANGES.

(G)UNLESS OTHERWISE STATED, ALL CHARGES ARE IN INR. , AND ALL PAYMENTS MUST BE MADE IN INDIAN CURRENCY OR USDT.

(H) IF YOU ARE A RESIDENT OF THE COUNTRY OF INDIA, YOU ARE RESPONSIBLE FOR ALL APPLICABLE TAXES THAT ARISE FROM OR AS A RESULT OF YOUR PROJECT TO OR PURCHASE OF PITCH BIZ’S SERVICES. THESE TAXES ARE BASED ON THE RATES APPLICABLE TO THE INDIAN BILLING ADDRESS YOU PROVIDE TO US. SUCH TAX AMOUNTS ARE IN ADDITION TO THE CHARGES FOR SUCH PITCH BIZ SERVICES AND WILL BE BILLED TO YOUR PROVIDED ADDRESS. IF YOU ARE EXEMPT FROM THE PAYMENT OF SUCH TAXES, YOU MUST PROVIDE US WITH AN ORIGINAL CERTIFICATE THAT SATISFIES APPLICABLE LEGAL REQUIREMENTS ATTESTING TO TAX-EXEMPT STATUS. TAX EXEMPTION WILL ONLY BE APPLIED FROM AND AFTER THE DATE WE RECEIVE SUCH A CERTIFICATE.

4. GRANT OF A LIMITED LICENSE TO USE THE SERVICES

SUBJECT TO YOUR AGREEMENT AND CONTINUING COMPLIANCE WITH THIS AGREEMENT AND ANY OTHER RELEVANT PITCH BIZ POLICIES, SUCH AS THE PITCH BIZ PRIVACY POLICY (INCORPORATED BY REFERENCE), PITCH BIZ GRANTS YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE, NON-SUBLICENSABLE LICENSE RIGHT TO THE CONTENT CREATED FOR YOUR ACCOUNT.

YOU ACKNOWLEDGE THAT IN PROVIDING THE SERVICES, PITCH BIZ USES DOCUMENTS, SOFTWARE AND OTHER WORKS OF AUTHORSHIP, AND OTHER TECHNOLOGY, SOFTWARE, HARDWARE, PRODUCTS, PROCESSES, ALGORITHMS, USER INTERFACES, KNOW-HOW AND OTHER TRADE SECRETS AND THAT THE PITCH BIZ TECHNOLOGY IS COVERED BY INTELLECTUAL PROPERTY RIGHTS OWNED OR LICENSED BY PITCH BIZ. OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NO LICENSE OR OTHER RIGHTS IN THE PITCH BIZ TECHNOLOGY ARE GRANTED TO YOU, AND ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE EXPRESSLY RESERVED. YOU AGREE NOT TO MODIFY, CREATE DERIVATIVE WORKS OF, TRANSLATE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE THE SERVICES OR OTHERWISE RECREATE OR GAIN ACCESS TO THE SOURCE CODE OF THE SERVICES.

YOU FURTHER AGREE NOT TO (I) LICENSE, SUBLICENSE, TRANSFER, ASSIGN, DISTRIBUTE, OR OTHERWISE COMMERCIALLY EXPLOIT; OR (II) ACCESS THE SERVICES IN ORDER TO (A) BUILD A COMPETITIVE PRODUCT OR SERVICE, (B) BUILD A PRODUCT USING SIMILAR IDEAS, FEATURES, FUNCTIONS OR GRAPHICS OR (C) COPY ANY IDEAS, FEATURES FUNCTIONS OR GRAPHICS OF THE SERVICES.

5. CANCELLATION AND TERMINATION

(A) YOU ARE SOLELY RESPONSIBLE FOR PROPERLY CANCELLING YOUR SERVICES. AN EMAIL OR PHONE REQUEST TO CANCEL YOUR SERVICES SHALL BE CONSIDERED CANCELLATION OF YOUR SERVICES OR TERMINATION OF THE TERMS OF THIS AGREEMENT.

(B) IF YOU CANCEL THE SERVICES BEFORE THE END OF YOUR PROJECT COMPLETION, YOUR CANCELLATION WILL NOT BE VALID AND WILL NOT TAKE EFFECT. 

(C) PITCH BIZ, IN ITS SOLE DISCRETION, HAS THE RIGHT TO SUSPEND OR TERMINATE YOU FROM PROVIDING SERVICES AND REFUSE ANY AND ALL CURRENT OR FUTURE USE OF THE SERVICES, OR ANY OTHER PITCHBIZ SERVICES, FOR ANY REASON AT ANY TIME. SUCH TERMINATION OF SERVICES WILL RESULT IN THE BLACKLISTING OF YOUR COMPANY WITH NO REFUND, OR YOUR ACCESS TO YOUR FINAL DELIVERABLES, AND THE FORFEITURE AND RELINQUISHMENT OF ALL USER CONTENT IN YOUR ACCOUNT. PITCHBIZ RESERVES THE RIGHT TO REFUSE TO PROVIDE ANY OF THE SERVICES TO ANYONE FOR ANY REASON AT ANY TIME.

(D) TO QUALIFY FOR OUR 7 DAY REFUND OFFER:

MUST CREATE AT LEAST 1 PROJECT.

MUST PROVIDE FEEDBACK AND ALLOW OUR TEAM AT LEAST 2 ATTEMPTS TO CORRECT ANY ISSUES.

YOU ALSO MUST CLARIFY IN WRITING THAT YOU WILL NOT USE THE ASSETS ALREADY DELIVERED.

AS THIS IS A CUSTOM SERVICE, WE ARE COMMITTING HOURS OF PROFESSIONAL TIME. AS A RESULT, IF THE HOURS USED EXCEED 5 HOURS, WE WILL PRO RATE THE REFUND BASED ON HOURS INR.

6. COPYRIGHT AND CONTENT OWNERSHIP

(A) ALL USER CONTENT POSTED ON THE SERVICES MUST COMPLY WITH INDIAN COPYRIGHT LAW. YOU ARE RESPONSIBLE FOR ADHERING TO OUR COPYRIGHT INFRINGEMENT NOTIFICATION PROCESS LOCATED AT THE BOTTOM OF THIS PAGE.

(B) WE CLAIM NO INTELLECTUAL PROPERTY RIGHTS OVER THE MATERIAL OR CONTENT YOU SUBMIT, POST OR DISPLAY, ON OR THROUGH THE SERVICES. YOUR ACCOUNT INFORMATION AND THE MATERIALS OR CONTENT YOU UPLOAD WHILE USING THE SERVICES REMAIN YOURS. BY USING OUR SERVICES TO PUBLISH A PAGE, PROMOTION OR PROFILE ON FACEBOOK OR ANOTHER SOCIAL MEDIA SITE, AND AGREEING TO THESE TERMS OF SERVICE, YOU GRANT PITCHBIZ THE NON-EXCLUSIVE RIGHT AND LICENSE TO USE CAPTURED IMAGES AND OTHER DATA, INCLUDING BUT NOT LIMITED TO LOGOS AND BUSINESS NAMES FROM YOUR PAGE OR PROFILE FOR PROMOTIONAL OR MARKETING PURPOSES. IF YOU HAVE SIGNED UP TO USE PITCHBIZ SERVICES, YOU ALSO GRANT PITCHBIZ THE RIGHT TO USE YOUR COMPANY LOGO FOR THE SAME MARKETING PURPOSES, EVEN WHEN YOU HAVE ONLY SUBMITTED YOUR COMPANY NAME AND NOT THE LOGO. BY GRANTING THIS RIGHT YOU AGREE THAT PITCHBIZ AND ITS AFFILIATES HAVE A LICENSE TO USE THIS MATERIAL OR CONTENT FOR THE SOLE PURPOSE SET FORTH IN THIS SECTION. IN ADDITION, BY SETTING YOUR PAGES TO BE SHARED PUBLICLY, YOU AGREE TO ALLOW OTHERS TO VIEW AND SHARE YOUR USER CONTENT.

(C) PITCHBIZ DOES NOT PRE-SCREEN USER CONTENT, BUT PITCHBIZ AND ITS DESIGNEE(S) HAVE THE RIGHT (BUT NOT THE OBLIGATION) IN THEIR SOLE DISCRETION TO REFUSE OR REMOVE ANY USER CONTENT THAT IS AVAILABLE VIA THE SERVICES.

(D) UNLESS WRITTEN PERMISSION IS PROVIDED BY PITCHBIZ, NOTHING IN THIS AGREEMENT GIVES YOU A RIGHT TO USE ANY OF PITCHBIZ TRADE NAMES, TRADEMARKS, SERVICES MARKS, LOGOS, DOMAIN NAMES, OR OTHER DISTINCTIVE BRAND NAMES.

(E) PITCHBIZ IS THE COPYRIGHT OWNER OF ALL CONTENT ON THE WWW.PITCHBIZ.IN SITE. 

(F) BY DEFAULT, YOU AGREE TO PROVIDE PITCHBIZ WITH A NON-EXCLUSIVE RIGHT AND LICENSE TO PUBLISH YOUR WORK IN OUR PORTFOLIO, SOCIAL MEDIA OR OTHER COMMUNICATION EFFORTS. IF YOU WOULD LIKE TO REVOKE THIS RIGHT, PLEASE NOTIFY OUR TEAM IN WRITING TO SUPPORT@PITCHBIZ.IN.

7. NOTIFICATION OF COPYRIGHT INFRINGEMENT CLAIMS

PITCHBIZ WILL PROCESS AND INVESTIGATE PROPER NOTICES OF ALLEGED COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT RELATED TO MATERIAL ON ITS WEBSITES OR SERVERS AND WILL RESPOND APPROPRIATELY WHERE APPROPRIATE, AND REGARDLESS OF THE MERITS OF THE ALLEGED INFRINGEMENT, OUR RESPONSE MAY INCLUDE REMOVING OR DISABLING ACCESS TO MATERIAL CLAIMED TO BE THE SUBJECT OF INFRINGING ACTIVITY. IF WE REMOVE OR DISABLE ACCESS IN RESPONSE TO SUCH A NOTICE, WE MAY NOTIFY THE OWNER OR ADMINISTRATOR OF THE AFFECTED SITE OR CONTENT SO THAT HE OR SHE CAN MAKE A COUNTER NOTIFICATION. PITCHBIZ WILL, FOLLOWING APPROPRIATE INVESTIGATION, TERMINATE OR DISABLE ACCESS BY REPEAT INFRINGERS.

8. PITCHBIZ PRIVACY POLICY

THIS PRIVACY POLICY (POLICY) IS INCORPORATED BY REFERENCE INTO THE PITCHBIZ

 TERMS OF SERVICE. IT DESCRIBES WHAT TYPES OF INFORMATION WE COLLECT AND WHAT WE DO WITH IT. 

ANY QUESTIONS ABOUT THIS PRIVACY POLICY SHOULD BE ADDRESSED TO SUPPORT@PITCHBIZ.IN.

9. TYPES OF INFORMATION WE COLLECT AND WHAT WE DO WITH IT

WHEN YOU REGISTER FOR THE SERVICES WE ASK FOR INFORMATION SUCH AS YOUR NAME, COMPANY NAME, EMAIL ADDRESS, BILLING ADDRESS, AND BANKING INFORMATION.

WE CAPTURE YOUR COMPANY NAME AND LOGO FOR MARKETING PURPOSES.

WE COLLECT THE E-MAIL ADDRESSES OF THOSE WHO COMMUNICATE WITH US VIA E-MAIL, AGGREGATE INFORMATION ON WHAT PAGES VISITORS TO OUR WEB SITE(S) ACCESS OR VIEW, AND INFORMATION VOLUNTARILY PROVIDED TO US (SUCH AS SURVEY INFORMATION AND/OR ACCOUNT REGISTRATION INFORMATION).

THE INFORMATION WE COLLECT IS USED TO IMPROVE THE CONTENT OF OUR WEB PAGES AND THE QUALITY OF OUR SERVICES, AND IS NOT SHARED OR SOLD TO THIRD PARTIES FOR COMMERCIAL PURPOSES, EXCEPT TO PROVIDE PRODUCTS OR SERVICES YOU’VE REQUESTED, WHEN WE HAVE YOUR PERMISSION, OR UNDER THE FOLLOWING CIRCUMSTANCES;

IT IS NECESSARY TO SHARE INFORMATION IN ORDER TO INVESTIGATE, PREVENT, OR TAKE ACTION REGARDING ILLEGAL ACTIVITIES, SUSPECTED FRAUD, SITUATIONS INVOLVING POTENTIAL THREATS TO THE PHYSICAL SAFETY OF ANY PERSON, VIOLATIONS OF TERMS OF SERVICE, OR AS OTHERWISE REQUIRED BY LAW.

WHEN A CUSTOMER ENTERS A PROMOTION OR INTERACTS WITH A SOCIAL APPLICATION AND AGREES TO ALLOW PITCH BIZ TO ACCESS THEIR 3rd Party application  INFORMATION, PITCHBIZ COLLECTS THIS DATA AND PRESENTS IT TO THE RESPECTIVE ACCOUNT HOLDERS IN THE FORM OF ANALYTICS WHICH THE RESPECTIVE ACCOUNT HOLDER CAN USER TO REMARKET OR EMAIL TO THIS CUSTOMER.

IN THE EVENT OF MERGER, ACQUISITION, OR NAME CHANGE PITCHBIZ RESERVES THE RIGHT TO ASSIGN THE TERMS OF THIS AGREEMENT TO SUCH NEW PARTY. PITCHBIZ MAY PROVIDE YOU WITH NOTICE OF SUCH ASSIGNMENT VIA THE EMAIL ADDRESS PROVIDED IN YOUR ACCOUNT INFORMATION. YOU MAY NOT ASSIGN THIS AGREEMENT WITHOUT THE WRITTEN PERMISSION OF PITCHBIZ.

10. COOKIES

WE MAY USE COOKIE TECHNOLOGY TO TRACK OR RECORD INFORMATION ABOUT OUR WEBSITE VISITORS. A COOKIE IS A SMALL AMOUNT OF DATA, WHICH OFTEN INCLUDES AN ANONYMOUS UNIQUE IDENTIFIER, WHICH IS SENT TO YOUR BROWSER FROM A WEBSITE’S COMPUTERS AND STORED ON YOUR COMPUTER’S HARD DRIVE. WE REQUIRE THE USE OF COOKIE TECHNOLOGY SO THAT WE CAN PRESENT THE CORRECT INFORMATION TO USERS AS THEY MOVE FROM ONE SCREEN TO ANOTHER.

WE MAY USE COOKIES TO RECORD CURRENT SESSION INFORMATION, BUT THEY ARE NOT USED TO RECORD PERSONAL INFORMATION, OR TO ASSOCIATE PERSONAL INFORMATION WITH THE USE OF OUR SERVICES. IF YOU DISABLE YOUR WEB BROWSERS ABILITY TO ACCEPT COOKIES YOU WILL BE ABLE TO BROWSE THE WEB SITE BUT YOU WILL NOT BE ABLE TO SUCCESSFULLY VISIT OUR WEBSITE.

11. DATA STORAGE

PITCHBIZ USES THIRD PARTY VENDORS AND HOSTING PARTNERS TO PROVIDE THE NECESSARY HARDWARE, SOFTWARE, NETWORKING, STORAGE, AND RELATED TECHNOLOGY REQUIRED TO RUN PITCHBIZ. ALTHOUGH PITCHBIZ OWNS THE CODE, DATABASES, AND ALL RIGHTS TO ANY PITCHBIZ APPLICATION, YOU RETAIN ALL RIGHTS TO YOUR PERSONAL INFORMATION.

12. DISCLOSURE

PITCHBIZ MAY DISCLOSE YOUR PERSONAL INFORMATION UNDER SPECIAL CIRCUMSTANCES, SUCH AS TO COMPLY WITH SUBPOENAS OR IF YOUR ACTIONS VIOLATE THE TERMS OF SERVICE.

13. CHANGES

WE MAY USE CUSTOMER AND ACCOUNT HOLDER DATA FOR NEW, UNANTICIPATED USES NOT PREVIOUSLY DISCLOSED IN OUR PRIVACY NOTICE. WE MAY PERIODICALLY UPDATE THIS POLICY FROM TIME TO TIME. TO KEEP UP-TO-DATE WITH PITCH BIZ’S POLICY, PLEASE CHECK ITS PRIVACY POLICY PAGE PERIODICALLY. UPON REQUEST WE MAY PROVIDE SITE VISITORS WITH ACCESS TO INFORMATION THAT WE HAVE COLLECTED AND THAT WE MAINTAIN ABOUT THEM. UPON REQUEST WE OFFER VISITORS THE ABILITY TO HAVE INACCURACIES CORRECTED IN CONTACT INFORMATION. YOU CAN HAVE THIS INFORMATION CORRECTED BY CONTACTING PITCHBIZ. YOU CAN ELECT TO OPT OUT AT ANY TIME.

14. ASSIGNMENT

THE RIGHTS WHICH ACCRUE TO PITCHBIZ UNDER THIS AGREEMENT SHALL PASS TO ITS SUCCESSORS OR ASSIGNS. THE RIGHTS OF THE SUBSCRIBER CANNOT BE ASSIGNED.

15. TERMINATION OF AGREEMENT

YOU AND PITCHBIZ MAY TERMINATE THESE TERMS AND YOUR USE OF THE PITCHBIZ SERVICES AT ANY TIME. IF YOU TERMINATE YOUR USE OF THE PITCHBIZ SERVICES, AND IF APPLICABLE, YOU MUST PAY THE FEES APPLICABLE FOR THE BALANCE OF THE THEN CURRENT BILLING PERIOD. WHEN YOUR PITCHBIZ SERVICE IS TERMINATED, YOUR USER CONTENT WILL, SHORTLY THEREAFTER, NOT APPEAR ON THE PITCHBIZ  SERVICES, EXCEPT FOR USER CONTENT SUBMITTED TO OUR TEAM, WHICH MAY REMAIN ON THE DATBASE AND SERVICES AFTER TERMINATION. YOU ACKNOWLEDGE AND AGREE THAT PITCHBIZ HAS NO OBLIGATION TO MIGRATE OR PROVIDE ASSISTANCE IN MIGRATION OF DATA FROM PITCHBIZ. NOTWITHSTANDING THE FOREGOING, PITCHBIZ SUPPORT MAY HELP USERS WITH THE TRANSFER OF ANY STORED DATA UPON REQUEST.

16. USE OF PITCHBIZ SERVICES

BY USING ANY INTERACTIVE AREAS, YOU EXPRESSLY AGREE NOT TO POST, UPLOAD TO, TRANSMIT, DISTRIBUTE, STORE, CREATE, OR OTHERWISE PUBLISH THROUGH THE PITCH BIZ PRODUCT AND SERVICES ANY OF THE FOLLOWING:

• CONTENT THAT, IN THE SOLE JUDGMENT OF PITCHBIZ, IS OBJECTIONABLE OR WHICH RESTRICTS OR INHIBITS ANY OTHER PERSON FROM USING OR ENJOYING THE INTERACTIVE AREAS OR THE PITCH BIZ SERVICES, OR WHICH MAY EXPOSE PITCHBIZ OR ITS AFFILIATES OR ITS USERS TO ANY HARM OR LIABILITY OF ANY TYPE.
• ANY MESSAGE, DATA, OR OTHER MATERIAL THAT IS UNLAWFUL, LIBELOUS, DEFAMATORY, OBSCENE, PORNOGRAPHIC, INDECENT, LEWD, SUGGESTIVE, HARASSING, THREATENING, INVASIVE OF PRIVACY OR PUBLICITY RIGHTS, ABUSIVE, INFLAMMATORY, FRAUDULENT, OR OTHERWISE OBJECTIONABLE.
• CONTENT THAT WOULD CONSTITUTE, ENCOURAGE OR PROVIDE INSTRUCTIONS FOR A CRIMINAL OFFENSE, VIOLATE THE RIGHTS OF ANY PARTY, OR THAT WOULD OTHERWISE CREATE LIABILITY OR VIOLATE ANY LOCAL, STATE, NATIONAL, OR INTERNATIONAL LAW.
• CONTENT THAT MAY INFRINGE ANY PATENT, TRADEMARK, TRADE SECRET, COPYRIGHT, OR OTHER INTELLECTUAL OR PROPRIETARY RIGHT OF ANY PARTY.
• THAT PITCHBIZ IS NOT RESPONSIBLE OR LIABLE FOR THE FAILURE OF ANY OF YOUR CUSTOMERS (OR ANY THIRD-PARTY) TO COMPLY WITH THE RULES, TERMS, CONDITIONS, POLICIES, AND APPLICABLE LAWS, RULES, OR REGULATIONS GOVERNING ANY PROMOTION.
• THAT PITCHBIZ DOES NOT SPONSOR, ADMINISTER, OR ENDORSE, AND IS THEREFORE NOT LIABLE FOR, THE CONTENT OF ANY PROMOTION, PRODUCT DATA, OR MEDIA DISTRIBUTED THROUGH THE SITE.
• THAT PITCHBIZ IS NOT RESPONSIBLE OR LIABLE FOR YOUR CUSTOMERS’ USE OR DISTRIBUTION OF INFORMATION YOU PROVIDE.
• THAT PITCHBIZ MERELY FACILITATES THE DISTRIBUTION OF PROMOTIONS, PRODUCT DATA, AND MEDIA AND UNDERSTAND THAT THE SITE PROVIDES NO SAFEGUARDS ENSURING THAT YOUR PROMOTIONS AND MEDIA COMPLY WITH ANY LAW, RULE, REGULATION, OR POLICY.
• THAT YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR PROMOTION, PRODUCT DATA, OR MEDIA COMPLIES WITH ANY APPLICABLE LAW, RULE, OR REGULATION AND AGREE TO COMPLY WITH ALL STATEMENTS AND PROMISES MADE TO YOUR CUSTOMERS.
• YOU INDEMNIFY, DEFEND, AND HOLD HARMLESS PITCH BIZ AND ITS AFFILIATES, AND SUBSIDIARIES; AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, PROFESSIONAL ADVISORS, AND CONTRACTORS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING ATTORNEYS’ FEES AND COSTS) ARISING FROM YOUR USE OF THE SERVICES. YOUR INDEMNIFICATION INCLUDES, WITHOUT LIMITATION, ALL CLAIMS RELATED TO THE POSTING OR REMOVAL OF CONTENT, USER CONTENT, OR ENTRIES TO OR FROM THE SITE. PITCHBIZ WILL NOTIFY YOU PROMPTLY OF ANY SUCH CLAIM, LOSS, LIABILITY, OR DEMAND, AND WILL PROVIDE YOU WITH REASONABLE ASSISTANCE, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, LOSS, LIABILITY, DAMAGE, OR COST.

17. PROVIDING A RELIABLE AND SECURE SERVICE

PITCHBIZ STRIVES TO OFFER AND MAINTAIN A RELIABLE AND SECURE ENVIRONMENT FOR YOUR DATA. THE INTERNET IS AN INHERENTLY INSECURE MEDIUM, AND THE RELIABILITY OF HOSTING SERVICES CANNOT BE ASSURED. WHEN YOU USE THE PITCHBIZ SERVICES, YOU ACCEPT THESE RISKS, AND THE RESPONSIBILITY FOR CHOOSING TO USE A TECHNOLOGY THAT DOES NOT PROVIDE PERFECT SECURITY OR RELIABILITY. 

18. LINKS TO THIRD PARTY PRODUCT AND SERVICES

THE PITCHBIZ SERVICES CONTAINS LINKS TO THIRD-PARTY WEB SITES (“THIRD-PARTY PITCHBIZ SERVICES”) AND THIRD-PARTY CONTENT (“THIRD-PARTY CONTENT”) AS A SERVICE TO THOSE INTERESTED IN THIS INFORMATION. THIRD-PARTY PRODUCT AND SERVICES INCLUDE SOCIAL NETWORK PLATFORMS, SUBSCRIBER AND SPONSOR SITES, PAYMENT PROCESSORS AND OTHER PAYMENT INTERMEDIARIES THAT YOU MAY USE IN CONNECTION WITH YOUR USE OF THE PITCHBIZ SERVICES. YOU USE LINKS TO THIRD-PARTY PITCHBIZ SERVICES, AND ANY THIRD-PARTY CONTENT OR SERVICE PROVIDED THERE AT YOUR OWN RISK. PITCH BIZ DOES NOT MONITOR OR HAVE ANY CONTROL OVER, AND MAKES NO CLAIM OR REPRESENTATION REGARDING, THIRD-PARTY CONTENT OR THIRD-PARTY PRODUCT AND SERVICES.

19. WARRANTY DISCLAIMER

PITCH BIZ CONSULTANTS SERVICES, THE CONTENT PROVIDED BY ALL SITES OWNED BY PITCHBIZ ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES OF GETTING FUNDING FROM PITCHBIZ OF ANY KIND, EITHER EXPRESS OR IMPLIED.

20. LIMITATION OF LIABILITY; INDEMNITY

YOU WAIVE AND SHALL NOT ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST PITCHBIZ, ITS AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, ADVERTISERS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS OR ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, OR EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE PITCHBIZ SERVICES.

21. APPLICABLE LAWS

THIS AGREEMENT SHALL BE GOVERNED, CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF RAJASTHAN, INDIA. EACH PARTY AGREES THAT ANY LEGAL ACTION, PROCEEDING, CONTROVERSY OR CLAIM BETWEEN THE PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT MAY BE BROUGHT AND PROSECUTED ONLY IN A COURT OF LAW IN THE PROVINCE OF RAJASTHAN, INDIA, AND BY EXECUTION OF THIS AGREEMENT EACH PARTY HERETO SUBMITS TO THE EXCLUSIVE JURISDICTION OF SUCH COURT AND WAIVES ANY OBJECTION IT MIGHT HAVE BASED UPON IMPROPER VENUE OR INCONVENIENT FORUM.

22. PROHIBITED USAGE

YOU SPECIFICALLY ACKNOWLEDGE THAT PITCH BIZ WILL NOT BE LIABLE FOR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

BY USING PITCHBIZ, YOU REPRESENT AND WARRANT THAT YOU MEET ALL THE REQUIREMENTS LISTED ABOVE, AND THAT YOU WON’T USE PITCHBIZ IN AWAY THAT VIOLATES ANY LAWS OR REGULATIONS. PITCHBIZ MAY REFUSE SERVICE, CANCEL SERVICE REQUEST OF USERS, AND CHANGE ELIGIBILITY REQUIREMENTS AT ANY TIME.

WE WON’T BE HELD LIABLE FOR ANY DELAYS OR FAILURE IN PERFORMANCE OF ANY PART OF THE SERVICE, FROM ANY CAUSE BEYOND OUR CONTROL. THIS INCLUDES, BUT IS NOT LIMITED TO, ACTS OF GOD, CHANGES TO LAW OR REGULATIONS, EMBARGOES, WAR, TERRORIST ACTS, RIOTS, FIRES,EARTHQUAKES, NUCLEAR ACCIDENTS, FLOODS, STRIKES, POWER BLACKOUTS, VOLCANIC ACTION, UNUSUALLY SEVERE WEATHER CONDITIONS, AND ACTS OF HACKERS OR THIRD-PARTY INTERNET SERVICE PROVIDERS.

23. SOLICITATIONFOR EMPLOYMENT.

THE PARTIES AGREE THAT NEITHER PARTY AND THEIRASSOCIATED ENTITIES, SUB-CONTRACTORS OR THEIR EMPLOYEES WILL EMPLOYOR APPROACH FOR EMPLOYMENT, THE EMPLOYEES OR EX-EMPLOYEES OF THEOTHER PARTY, DURING THE TERM AND UNTIL A MINIMUM PERIOD OF SIX (6)MONTHS FOLLOWING THE TERMINATION OF THIS AGREEMENT