Terms of Service

1. About these Terms

1.1 These Terms of Service ("Terms") govern your access to and use of Pitchridge. Kevin-Christian Joseph Giraldo-Barbosa, of Toronto, Ontario ("we", "us", "our"), provides Pitchridge. "You" means each person who accepts these Terms. The Customer accepts them through its Order Form.

1.2 By selecting "I accept the terms", you agree to these Terms. If you do not agree, do not use Pitchridge.

2. The service

2.1 Pitchridge is a subscription service. Each subscriber ("Customer") has its own portal, and the Customer decides whom it invites as users.

2.2 During the Customer's subscription and subject to these Terms, the Customer and its users may access and use Pitchridge. We retain all right, title, and interest in and to Pitchridge.

2.3 We provide Pitchridge independently. References in Pitchridge to the names, products, or trademarks of third parties are for identification only, and do not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with that third party.

3. Your account

3.1 You are responsible for keeping your sign-in details secure and for all activity that occurs under your account.

3.2 The Customer is responsible for all actions on its users' accounts and for its users' compliance with these Terms.

4. Your use and your content

4.1 You will comply with all applicable laws, rules, and regulations, and with the rights of third parties, when you use Pitchridge. If you use Pitchridge in connection with your work, you are responsible for complying with any agreements and policies that apply to you.

4.2 All materials you submit to Pitchridge remain yours. You grant us a non-exclusive, worldwide, royalty-free licence to use the content that you and your users post, for the purpose of providing Pitchridge to you.

4.3 You are responsible for your content and any harm resulting from it. If you post content that you did not create, you are responsible for ensuring that you have the right to post it.

4.4 You will not upload content that is confidential to another person, export-controlled technical data, or pricing. We may remove content that breaks these Terms or the law.

5. Information in Pitchridge

5.1 The Customer's team approves each spec value and confirms each document in Pitchridge. The Customer is responsible for the accuracy of that content. We do not check it.

5.2 Pitchridge shows each answer as the value that the Customer's team approved, with its unit, its source document, and the date the team confirmed that document. We do not represent that the content itself is correct or current.

5.3 Pitchridge matches the words of a question to the names of fields. It can match a question to the wrong field. Pages that "Read more" shows are not approved values. Before you rely on a value for an important decision, such as a quote or a tender, check it against its source document.

5.4 An email that Pitchridge prepares is a draft. You are responsible for what you send.

6. Privacy

6.1 What we collect. We collect: (a) your name, email address, role, and language; (b) the version and time of your acceptance of these Terms; and (c) a record each time you sign in, open a material, download a file, receive an answer, or have an answer prepared for an email.

6.2 Why we collect it. We collect it to provide Pitchridge, and to show which version of a document we provided to each person, and when.

6.3 Who can see it. We and the administrator of your portal can see it. Our service providers, which host or process it for us, can also see it, and we remain responsible for it while they do. We do not sell personal information.

6.4 Where it is stored. We store it on servers in the United States. While it is there, the courts, law enforcement, and national security authorities of the United States may access it.

6.5 How long we keep it. We keep: (a) each record of use for 3 years, and then we delete it; (b) your name, email address, role, and language while you have access to Pitchridge, and for up to 60 days after; and (c) the record of your acceptance of these Terms for 2 years after your access ends. When the Customer's subscription ends, we delete any other personal information within 60 days.

6.6 Your rights. You may ask to access or correct the personal information we hold about you. Contact our privacy officer, Kevin-Christian Joseph Giraldo-Barbosa, at kc@pitchridge.com. If you are not satisfied with our reply, you may complain to the Office of the Privacy Commissioner of Canada.

6.7 Security. We protect personal information with safeguards that suit its sensitivity. If a breach of our safeguards creates a real risk of significant harm to you, we will tell you, as the law requires.

7. Fees

7.1 The Customer will pay the fees stated in its Order Form. Users invited by the Customer pay nothing.

8. Disclaimer of warranties

8.1 EXCEPT AS STATED IN THESE TERMS, PITCHRIDGE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. Limitation of liability

9.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM YOUR USE OF PITCHRIDGE, FROM INFORMATION PROVIDED THROUGH IT, OR FROM ANY CLAIM BY A THIRD PARTY.

9.2 OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE FEES PAID OR PAYABLE BY THE CUSTOMER TO US IN THE 12-MONTH PERIOD IMMEDIATELY BEFORE THE CLAIM; AND (B) CAD 100.

9.3 NOTHING IN THESE TERMS LIMITS OUR LIABILITY FOR FRAUD OR WILFUL MISCONDUCT.

10. Indemnification

10.1 You will indemnify, defend, and hold us harmless from and against all claims, liabilities, and expenses, including reasonable legal fees, arising out of your content, your breach of these Terms, or your breach of the law, including any claim by a third party.

11. Term and termination

11.1 The Customer may cancel its subscription as stated in its Order Form.

11.2 Subject to the Customer's Order Form, we may suspend or end access to Pitchridge if the Customer does not pay, if a person breaks these Terms, or if we must do so to obey the law or to protect Pitchridge. For any other reason, we may end the Customer's subscription on 30 days' notice, and we will refund the fees paid for the time after it ends.

11.3 Upon request, we will make a reasonable effort to provide the Customer with a copy of its content. We will delete the Customer's content within 60 days after its request or after its subscription ends, whichever is first.

12. Changes to these Terms

12.1 We will provide reasonable advance notice of changes to these Terms. You must accept the changed Terms to continue to use Pitchridge.

13. General

13.1 Governing law. These Terms are governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable there.

13.2 Forum. Any dispute relating to Pitchridge or these Terms may be brought only in the courts of the Province of Ontario sitting in Toronto.

13.3 Notices. Notices under these Terms must be in writing and sent by email: to the Customer, at the notice address in its Order Form; to any other user, at the email address of that user's account; and to us, at kc@pitchridge.com. A notice is received when it enters the recipient's email system and can be retrieved.

13.4 Assignment. We may assign these Terms and any Order Form to a corporation that we control, or to a successor to Pitchridge, on notice to the Customer. You may not assign these Terms without our prior written consent.

13.5 Survival. Sections 4.3, 6, 8, 9, 10, 11.3, and 13, and the Customer's obligation to pay fees owed, survive the end of these Terms.

13.6 Severability. If a court of competent jurisdiction holds any provision of these Terms to be unenforceable, the remaining provisions remain in effect.

13.7 Language. If the English and Spanish versions of these Terms conflict, the English version prevails.

13.8 Entire agreement. These Terms, together with any Order Form, are the entire agreement between you and us about Pitchridge.