Terms and Conditions for PitchFabric

1. General; Scope

a. Acceptance of Terms: By using any services provided by PitchFabric, you agree to be bound by these terms. If you do not accept these terms, you must not use our services.

b. Intended Use: The services are intended for business use including sales professionals, marketing agencies, and companies creating personalized sales content. Personal use for non-commercial purposes is also permitted.

c. Corporate Entity: PitchFabric is operated by Mindcyte Inc., a Canadian corporation registered under the Canada Business Corporations Act.

2. Services Offered

a. Content Processing: Users can upload documents (PDFs, presentations, case studies) and provide website URLs. PitchFabric uses AI to analyze this content and extract key messaging, brand elements, and product information.

b. Lead Enrichment: Our platform researches and enriches lead information using publicly available data to create personalized content.

c. Pitch Generation: We create personalized, responsive microsites that present your product or service in a way tailored to specific prospects.

d. Analytics & Tracking: We provide engagement analytics, intent scoring, and real-time notifications about prospect interactions with your content.

e. Account Management: Users can register for accounts to access features, manage content, track analytics, and process payments for premium services.

3. Registration and Account Integrity

a. Account Creation: You must provide a valid email address and create a password to register an account. Additional business information may be required for certain features.

b. Accuracy of Information: You agree to provide accurate and complete information about yourself, your business, and your leads, and to keep this information updated.

c. Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

d. Business Representation: You represent that you have the authority to bind your organization to these terms if using the service on behalf of a business entity.

4. User Conduct and Content Guidelines

a. Legal Compliance: You agree not to use the services for any unlawful purpose or in any way that violates these terms or applicable laws.

b. Content Responsibility: You are solely responsible for all content you upload or provide, including ensuring you have the right to use such content and that it does not infringe on third-party rights.

c. Prohibited Actions: You must not:

• Upload malicious code, viruses, or harmful content
• Attempt to reverse engineer or access our systems unauthorized
• Use the service to create spam, deceptive, or fraudulent content
• Share your account credentials with unauthorized persons
• Use the service to harass, threaten, or harm others
• Violate any applicable data protection or privacy laws

d. Lead Data: You must have proper consent and legal basis to use any lead or prospect data you provide to our platform.

5. Subscription and Payment Terms

a. Subscription Plans: Certain features require a paid subscription. Subscription fees are charged in advance on a recurring basis.

b. Payment Processing: Payments are processed by third-party payment processors. You agree to provide accurate payment information and authorize charges.

c. Cancellation: You may cancel your subscription at any time. Cancellation will be effective at the end of your current billing period.

d. Refunds: Refunds are provided at our discretion and in accordance with our refund policy. No refunds are provided for partial months of service.

6. Intellectual Property

a. Platform Ownership: All rights, title, and interest in the PitchFabric platform, technology, and related intellectual property are owned by Mindcyte Inc. or its licensors.

b. User Content: You retain ownership of content you upload. You grant PitchFabric a license to process, analyze, and use your content solely to provide our services.

c. Generated Content: Content generated by our AI using your input belongs to you, subject to these terms and applicable law.

d. License to Use: PitchFabric grants you a non-exclusive, non-transferable license to use the services in accordance with these terms.

7. Privacy and Data Protection

We take your privacy seriously and manage your personal data in accordance with our Privacy Policy, which outlines how we collect, use, and protect your information. This includes data about you, your business, and any lead information you provide.

8. AI Services and Third-Party Integrations

a. AI Processing: Our services use artificial intelligence provided by third parties to analyze content and generate personalized pitches. While we strive for accuracy, AI-generated content may contain errors.

b. Third-Party Services: We integrate with various third-party services for functionality such as lead enrichment, analytics, and payment processing.

c. Service Availability: We cannot guarantee continuous availability of third-party services and are not responsible for their performance or downtime.

9. Changes to Terms

PitchFabric reserves the right to modify these terms at any time. Material changes will be communicated to users via email or platform notification. Continued use after changes constitutes acceptance of the new terms.

10. Termination

a. Termination by User: You may terminate your account at any time by contacting us or using account settings.

b. Termination by PitchFabric: We may terminate or suspend your access immediately, without notice, for breach of these terms, non-payment, or other reasons at our discretion.

c. Effect of Termination: Upon termination, your right to use the services ceases immediately. We may delete your data in accordance with our retention policies.

11. Disclaimer of Warranties

The services are provided "as is" and "as available" without any warranties of any kind, either express or implied. PitchFabric specifically disclaims warranties regarding:

• The accuracy or effectiveness of AI-generated content
• The success of your sales efforts using our platform
• The reliability or availability of third-party services
• The completeness or accuracy of lead enrichment data
• Continuous, uninterrupted access to our services
• Compatibility with your specific business needs

12. Limitation of Liability

To the maximum extent permitted by law, PitchFabric and Mindcyte Inc. will not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from:

• Use of, or inability to use, the services
• Loss of business, profits, or opportunities
• Data loss or corruption
• Third-party actions or services
• AI-generated content errors or inaccuracies

Our total liability to you for all claims shall not exceed the amount you paid to PitchFabric in the 12 months preceding the claim.

13. Indemnification

You agree to indemnify and hold harmless PitchFabric, Mindcyte Inc., and their affiliates from any claims, damages, or expenses arising from your use of the services, violation of these terms, or infringement of any third-party rights.

14. Governing Law

These terms are governed by the laws of Canada and the Province of Ontario, without regard to conflict of laws principles.

15. Dispute Resolution

Any disputes arising from these terms will be resolved through binding arbitration in accordance with the rules of the applicable arbitration organization in Ontario, Canada, unless both parties agree to court proceedings.

16. Severability

If any provision of these terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

17. Contact Us

If you have any questions about these terms, please contact us at [email protected]