Terms of Service

1. Services

PitchSend provides financial data services, analysis tools, algorithms, reports, platforms, interfaces, software, applications, and other materials (collectively "Services") through its website, URLs, mobile applications, APIs, and other portals (collectively "Platforms"). PitchSend reserves the right to modify, suspend or discontinue any Services or Platforms at any time for any reason.

2. Allowed Usage

The Services and Platforms are licensed solely for your internal business purposes consistent with this Agreement. You may access, view, download, incorporate, utilize, run, and manipulate the Services, Platforms and related data, tools and reports solely for informational and analytical purposes to conduct internal business analysis. You are granted a limited, non-transferable, non-sublicensable, revocable license to incorporate extracts and screenshots of the data into your non-public presentations, reports, and other work products for internal use only, provided such use is clearly attributed and linked to PitchSend as the source, subject to Section 3 herein regarding non-confidential information.

3. Prohibited Usage

The Services and Platforms may not be accessed or used for any competitive or commercial purpose without execution of a separate commercial license agreement with PitchSend. You may not resell, distribute, republish, scrape, retransmit, create derivative works from, decompile, reverse engineer, disassemble or extract data, tools or components thereof. Specific prohibited uses include but are not limited to: a) transferring or disclosing passwords or login credentials; b) accessing areas or features of the Services or Platforms that you are not authorized to access; c) collecting data or content in an automated manner such as web scraping without express permission; d) submitting or uploading anything that contains viruses, Trojan horses, worms or other harmful or deleterious programs or content.

4. Payment

You agree to pay applicable fees for any and all Services and Platforms accessed, including subscription fees, per search fees, or any usage based or transactional fees as displayed on the PitchSend website and order forms which are incorporated herein ("Fees"). Fees must be paid in advance in order for you to initiate or maintain access. Failure to pay Fees when due will result in the immediate suspension or termination of your access. Unpaid balances accrue interest at 1.25% per month or the maximum amount allowed by law. All Fees are non-refundable. PitchSend reserves the right to modify Fees with 30 days written notice.

5. Intellectual Property

PitchSend retains full and exclusive ownership of all intellectual property rights including copyrights, trademarks, patents, trade secrets and proprietary information inherent in or otherwise related to the Services and Platforms and any associated data, tools, applications, interfaces, platforms, software or other technology components thereof. Users obtain no ownership rights whatsoever therein under this Agreement. The PitchSend name, logo, and related trademarks may not be utilized or reproduced without prior written consent. Users must retain and not obscure or disable any PitchSend branding, links or attribution contained within the Services and Platforms.

6. Disclaimers of Warranty

While PitchSend attempts to provide Services and Platforms with reasonable care and skill, we do not guarantee the accuracy, completeness or timeliness thereof. The Services and Platforms are provided strictly on an "AS IS" basis without warranties of any kind either express or implied. Use of the Services or Platforms is at your own risk. No advice or information conveyed by PitchSend shall create any warranty not expressly stated in this Agreement.

7. Indemnification

You agree to fully reimburse, indemnify and hold harmless PitchSend, its affiliates and their respective officers, directors, employees, consultants and agents from any and all third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys fees

8. Limitation of Liability

Under no circumstances shall PitchSend be liable for any indirect, incidental, consequential, special, punitive or exemplary damages arising out of or in connection with your access or use of the Services and Platforms -- regardless of the form of action and whether or not such damages could have been foreseen or prevented. Furthermore, PitchSend's maximum aggregate liability arising from or related to this Agreement shall not exceed the Fees paid by you to PitchSend in the 12 month period immediately preceding the first event giving rise to the claim. This clause shall survive expiration or termination of this Agreement.

9. Term and Termination

This Agreement commences on the date which you first access any Services or Platforms and continues so long as you maintain active access to any PitchSend Services or Platforms. PitchSend reserves the right to immediately suspend or terminate this Agreement and therefore your access to any Services or Platforms if PitchSend reasonably determines you have breached this Agreement or violated any applicable laws. Effects of termination include: a) loss of access credentials and account deactivation; b) accrual of any outstanding Fees or charges; c) PitchSend archival or deletion per its standard data retention practices.

10. Miscellaneous

This Agreement shall be governed by the laws of the State of Texas without regard to principles of conflicts of law. The parties agree that venue for any dispute regarding this Agreement shall lie exclusively with state or federal courts located in Dallas County, Texas. Each party hereby consents and submits to the personal jurisdiction of such courts. Neither party shall be liable for delays or failure in performance due to events outside the defaulting party's reasonable control. User hereby waives any and all right to participate in any class action lawsuit against PitchSend. This Agreement represents the entire understanding between the parties and supersedes any previous agreements. This Agreement may be executed electronically and in counterparts. The relationship between the parties under this Agreement shall be solely that of independent contractors. The failure by one party to require performance of any provision shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any breach or default constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any part of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remainder of this Agreement shall not be affected or impaired thereby.