Terms of use agreement

Version 1.0.0, 03-04-2023 - Last update: 03-04-2023.

This agreement (referred to as the "terms of use agreement") is a legal agreement between you and Pitchwave registered at the Chamber of Commerce in the Netherlands with registration number 92566022. Our services are available on our website, www.pitchwave.io, which is also known as the Pitchwave Platform. In this privacy policy, we refer to ourselves as "Site", "Pitchwave," "we," "our," or "us." We offer AI powered research and transcription services to users of the Pitchwave Platform.

By using or registering to the Pitchwave Platform, you agree to all the terms and conditions laid out in this agreement. We suggest you keep a copy of the agreement (including all policies) for your records. If you don't agree to these terms, please don't use our website.

Privacy: Pitchwave takes data privacy seriously. Please visit pitchwave.io/privacy-policy to review our privacy policy.

1 Applicability of this agreement

1.1 This agreement includes the following terms that apply to your use of the Pitchwave Platform: (a) our privacy policy, which outlines how we process any (personal) data we collect from you or that you provide to us by using our platform. By using the Pitchwave Platform, you agree to this processing and confirm that all data you provide is accurate; and (b) our cookie policy, which provides details about how cookies are being used on the Pitchwave Platform.

1.2 We reserve the right to revise this agreement (or any of the documents referred to in this agreement) at any time by amending this page. Users of Pitchwave are advised to review the current terms of use, as the latest version is binding.

2 Pitchwave platform (www.pitchwave.io)

2.1 The Pitchwave Platform is our creation that uses AI and web technology to offer an automated interview and transcription services with high accuracy. We utilize top automated generative AI services, speech-to-text and text-to-speech algorithms to provide three primary services: (1) AI powered interview assistants, (2) Transcription of audio and/or video files uploaded to the Pitchwave Platform, and (3) AI powered summaries, sentiment analysis and clustering.

2.2 By agreeing to this agreement, you are granted a non-exclusive and non-transferable license to use the Pitchwave Platform and its services. To access the Pitchwave Services, you must sign up and create an account by providing your first name, last name, email address, and a password. Sharing your log-in details with other users is strictly prohibited.

2.3 You may only access the Pitchwave Platform temporarily, and we reserve the right to modify or discontinue any services or features offered on the Pitchwave Platform without prior notice. We shall not be held responsible if the Pitchwave Platform becomes unavailable for any reason, at any time or for any duration.

2.4 Occasionally, we may limit access to certain sections or the entirety of the Pitchwave Platform to registered users only. We will make every effort to promptly address any problems or bugs in the Pitchwave Platform.

2.5 If you receive a user identification code, password, or any other confidential information as part of our security procedures, you are responsible for keeping it confidential and must not share it with any third party. We reserve the right to disable any user identification code or password, whether created by you or assigned by us, at any time if we believe you have violated any provision of this agreement.

2.6 It is prohibited to intentionally introduce viruses, Trojans, worms, logic bombs or any other material that is malicious or technologically harmful to the Pitchwave Platform. Attempting to gain unauthorized access to the Pitchwave Platform, the server on which it is stored, or any server, computer, or database connected to it is strictly prohibited.

2.7 Launching a denial-of-service attack against the Pitchwave Platform is prohibited.

2.8 In the event of a breach of above mentioned clauses, it will be considered a criminal offense. We reserve the right to report any such breach to the appropriate law enforcement agencies and to disclose your identity. Additionally, we will immediately revoke your right to access and use the Pitchwave Platform in the event of a breach.

3 Free tier, Subscriptions and Fees

3.1 Pitchwave offers a free tier of access to our platform, which permits users to engage with a restricted subset of features and allocations. By utilizing this complimentary service, the user consents to Pitchwave's utilization of: (i) data derived from the user's interactions with, and responses from, respondents; and (ii) data from any video, audio, or textual materials uploaded by the user, for the purpose of enhancing and training Pitchwave's algorithms. We do our best to anonymize this data to the fullest extent feasible, ensuring that any identifiable connection between the user's account and the data employed in algorithm training is severed. Furthermore, Pitchwave reserves the right to share such data with external entities that contribute to the development and refinement of our algorithms.

3.2 When using free tier, you can use our product to the extent that the free version allows. Please consult the website www.pitchwave.io for getting the latest amount of free features and allocations. You won't be required to input your payment details to take advantage of the free tier.

3.3 If you decide to move from the Free tier to a paid Subscription Plan, you will be automatically enrolled in a monthly subscription where payment is charged upfront at the start of each month. However, you also have the option to upgrade to a yearly subscription. This includes a discount and requires upfront payment for the next twelve months. If you choose a Monthly Subscription, you can upgrade to the Yearly Subscription. Your upgrade will begin as soon as you select it within your account. You will be charged the extra amount directly. If you change your subscription from a Yearly Subscription to a Monthly Subscription, your subscription will change after the twelve month subscription period has been completed. This period runs for twelve months, calculated from the date of purchasing your yearly subscription.

3.4 From time to time, we may provide promotional offers that include promo codes or credits to your account. These offers may have expiration dates and may only apply to selected users of the Pitchwave Platform.

3.5 We reserve the right to terminate a promotional offer or remove account credits without notice if we believe that you are not complying with the terms of the promotion in good faith.

3.6 Price increases: The Fees that the licensee has to pay for using Pitchwave services under the agreement may be increased by 5% (five percent) per year or the inflation index figure, stated by the ECB (European Central Bank, www.ecb.europa.eu).

4 Upgrades and downgrades of subscriptions

4.1 To subscribe to a Monthly Subscription or Yearly Subscription, you agree to the following terms: (1) you will pay the full amount in advance without any deduction in euros and authorize us to collect the full Fee each month or at the beginning of a twelve-month period (as applicable) until you cancel your subscription. (2) You will pay us the fee related to your selected plan which is specified on our pricing page (https://pitchwave.io/prices), and (3) you acknowledge that the fees are non-refundable.

4.2 You have the option to upgrade your plan from a Monthly Subscription to a Yearly Subscription at any time through your Account. Upon upgrading, we will charge you immediately, and you agree to pay us the relevant Fee in full without any deductions at the start of the next month when the Fees are due.

4.3 You have the option to upgrade from a lower to a higher tier plan, such as from Beginner to Intermediate. The price difference between the tiers will be charged immediately, and you will immediately gain access to the additional benefits of the higher tier plan.

4.4 If you wish to downgrade from a Yearly Subscription to a Monthly Subscription, you can do so through your Account at the end of your current Yearly billing period. The downgrade will take effect at the end of the current Yearly billing period, and payment will be taken monthly in accordance with the Monthly Subscription payment plan.

4.5 If you decide to downgrade your tier, the downgrade will take effect at the end of the current billing period (either at the end of the month or the end of the twelve-month period) in time for your next Fee payment. At this time, you will lose the benefits of the higher tier and receive the benefits of the lower tier to which you have downgraded. We are allowed to charge an additional amount for storage of data and access of users that exceed the lower tier, due to the fact that we do not want to delete any of your data ourselves.

5 Payments

5.1: We will charge the payment method that has been authenticated and provided by the customer each month for the agreed-upon price selected by the customer. Should the credit card information provided to us through your Account be invalid when we attempt to charge you for the Fees due to us, we will notify you via email.

5.2 Payments made through the Pitch wave Platform will be processed by a third-party payment processor, named Stripe (www.stripe.com). By using the platform, you give consent to: (1) receiving electronic communications from us (via email and text) regarding upcoming and successful payments processed through the Stripe Platform; and (2) Stripe accessing the bank account you nominate from time to time, deducting or depositing the relevant amount, less any applicable fees.

5.3 Whenever your payments are failing, we will retry to in total 3 (three) attempts to process your payment. This will be done within a 15 (fifteen) day period. If we do not get any payment within the 15 day period, we have the right to suspend your access to the Pitchwave Platform. After 15 days without a payment, this can lead to termination of your account.

6 Accounts

6.1 Pitchwave permits each user to have only 1 (one) active account. We reserve the right to decline the creation of additional accounts for a single user. In the event of detecting multiple accounts, we hold the right to deactivate them without prior notification. Should we detect the usage of disposable or spam emails, the associated accounts will be promptly deleted.

7 Refund policy

7.1 We provide a complimentary free trial version of our platform to familiarize our customers with the product and its quality. Hence, we do not issue refunds based on customer satisfaction with the quality of the final product.

7.2 If technical malfunctions occur with the software, Pitchwave's technical team will act promptly to resolve the issue. Any lost of credits resulting from technical malfunctions will be evaluated to determine if compensation is required.

7.3 To ensure the accuracy of our service, we request you to try out the assistants. Due to the fact that generative AI is being used in our services, we cannot guarantee that the same performance of an AI powered interview assistant will be obtained while interviewing real respondents. If you share your research URL with your respondents, you agree on the quality of the AI powered assistant and accept the risk of lower quality responses.

To ensure the accuracy of our transcription service, we request you to assess the quality of the files you submit. This is to notify you that our service is dependent on high-quality files. High-quality foles are described as: (1) free of background noise, (2) speakers who enunciate clearly, and (3) one speaker speaking at a time.

7.5 Pitchwave is not obligated to deliver specific results to its users. The quality of the results relies on generative AI, text-to-speech and speech-to-text models which perform different in quality overtime. Users must test the quality to have an idea of the expected results. Pitchwave does not offer refunds due to unsatisfactory quality.

8 Cancellation

8.1 You have the option to cancel your account at any time by selecting the “Cancel Subscription” button on your “Preferences” page. It's your responsibility to ensure that your subscription is canceled properly.

8.2 If you decide to cancel your Monthly Subscription, the cancellation will be effective the following month and you will be charged the Fee for the current month. Please note that no refunds will be provided for any remaining days in the current month.

8.3 After each auto-renewal of your Yearly Subscription, you will have a seven-day window to request a cancellation and receive a refund. You need to send an email to info@pitchwave.io to cancel and receive a refund. If you choose to cancel your Subscription after the seven-day period, you will no longer be eligible for a refund.

8.4 If you cancel during the seven-day period and there has been significant usage of the Pitchwave Platform via your Account during this time, you may be charged one month's Monthly Subscription Fee.

9 Fair use and high volumes

9.1 Fair use and usage limits. We have the right to monitor your usage and if we find that you are using the Pitchwave Services beyond the Fair Use limit and reaching the thresholds of High Volume, we will notify you of the over-use and provide you with the option to purchase extra amounts of credits.

9.2 High volume usage. Pitchwave reserves the right to limit your access to the service if your usage poses a risk to the system integrity, such as uploading a large number of files within a short period of time. This is to ensure the stability and reliability of the service for all our customers.

10 Content

10.1 Uploading personal content or information that could be considered personal content without the owner's prior written permission is prohibited. If an uploader chooses to upload without permission, we are not responsible for their actions and reserve the right to delete the uploaded information.

10.2 It is forbidden to upload copyrighted material without the right to use the files. If the uploader decides to upload without prior permission, we are not responsible for the act of the uploader and we have the right to delete the information uploaded.

10.3 It is forbidden to upload files containing information that incites behavior that can be considered a crime or any files that consist of pornographic material. You bear full responsibility for any content that you upload, post, or distribute to, on, or through the Pitchwave Platform, and to the extent permitted by law, we disclaim all liability for user activities and content.

10.4 By using the Pitchwave Platform, you agree that we are not responsible for the content uploaded, stored, or distributed through it. We act only as a host for such content. The views expressed by other users on the Pitchwave Platform do not necessarily represent our own views or values.

10.5 When you upload content to the Pitchwave Platform in a public forum, it will be deemed non-confidential and non-proprietary.

11 Website

11.1 The content on the Pitchwave website is subject to copyright and other forms of intellectual property protection. Without the written permission of Pitchwave Technologies, it is prohibited to copy or license any content found on the Pitchwave website.

11.2 If there are mistakes or any errors on the website that could lead to a financial loss to us and where - reasonably thinking - the user could know that there was a mistake or bug in the website, we have the right to charge the customer a reasonable amount of money for using our service.