Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SERVICES (AS DEFINED BELOW), OR BY CLICKING "I AGREE" (OR A SIMILAR BUTTON OR CHECKBOX) WHEN PRESENTED WITH THESE TERMS — INCLUDING WHEN PURCHASING A SUBSCRIPTION — YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. THESE TERMS AFFECT YOUR LEGAL RIGHTS, INCLUDING, WITHOUT LIMITATION, THE DISPUTE RESOLUTION SECTION AND, FOR SUBSCRIBERS, THE AUTOMATIC RENEWAL AND CANCELLATION TERMS IN SECTION 6. IN ARBITRATION, THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

These Terms of Service are entered into by and between you ("user," "you," or "your") and PitchWell LLC ("PitchWell," "Company," "we," "our," or "us"), and they govern your access to and use of the website gopitchwell.com (the "Website") and the Company's software, products, hosting, services, sales, marketing, and all related components and documentation, and all content, functionality, updates, and revisions thereto (collectively, the "Services"). These Terms of Service and the Privacy Policy are collectively the "Terms."

The Services are offered and available only to individuals who are at least 18 years of age. By accessing or using the Services, you represent and warrant that you are at least 18 years of age and have the full authority, right, and capacity to enter into this agreement and to abide by these Terms. If you do not meet these requirements, you must not access or use the Services.

All provisions of the Terms that by their nature should survive shall survive termination, as further described in Section 18 (Survival).

We may revise and update the Terms from time to time in our sole discretion. All changes are effective when we post them and apply to all access to and use of the Services thereafter, except that (a) any changes to the dispute resolution provisions of Section 15 will not apply to disputes for which the parties have actual notice on or before the date the change is posted, and (b) for Subscribers, any change that materially affects paid subscription terms (including fees or automatic renewal) will be communicated as described in Section 6.4 and will take effect no earlier than the Subscriber's next renewal. Your continued use of the Services following the posting of revised Terms means you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

We reserve the right to withdraw or amend the Services, and any service or material we provide, in our sole discretion. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Services.

To access the Services you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all information you provide is correct, current, and complete. All information you provide is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with the Privacy Policy.

If you register for an account, you are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or other security breach. We will not be liable for any loss that may occur as a result of someone else using your account or password, with or without your knowledge. Use particular caution when accessing your account from a public or shared computer. We have the right to disable any username, password, or other identifier at any time in our sole discretion, including if, in our opinion, you have violated any provision of these Terms.

The Services, including the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. We reserve all rights not expressly granted to you under these Terms or by applicable law.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except material created and owned by you, and you must not delete or alter any copyright, trademark, or other proprietary rights notices. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without our express written permission. No right, title, or interest in or to the Services is transferred to you.

The Company name, the PitchWell name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans are the trademarks of their respective owners.

The Services allow you to create, upload, and transmit content, including text, pitch materials, templates, writing samples, profile information, and other materials ("Content"). You retain ownership of and responsibility for your Content, including any harm resulting from it. You represent that you have the right to submit any Content you provide and that you will comply with any third-party licenses relating to it.

You grant us and our legal successors a nonexclusive, worldwide, royalty-free license to use, copy, reproduce, display, modify, adapt, distribute, and perform your Content solely for the purpose of operating and providing the Services to you — including storing and backing it up, displaying it to you, analyzing it on our servers to provide the features you request (including the AI-assisted drafting described in Section 6.7), and transmitting it at your direction. Except for Community Templates you elect to share (Section 6.9), your Content will not be used, copied, adapted, distributed, or incorporated into any other part of the Services without your prior approval.

We do not pre-screen Content, but we have the right (though not the obligation) to refuse or remove any Content that, in our sole discretion, violates these Terms or Company policies.

This Section 6 applies to users who purchase a paid subscription to the Services (each, a "Subscriber"). By clicking "I agree" (or a similar button or checkbox) at purchase, the Subscriber agrees to these Terms, including the automatic renewal, billing, and cancellation terms herein.

We offer the following subscription options, whose current features and pricing are described on the Website at purchase:

• Free tier: limited features at no charge. We may modify or discontinue the free tier at any time.
• Free trials: free access to paid features for the period stated at the time of sign up. Unless the Subscriber cancels before the end of the trial the subscription will convert to a paid plan and the payment method on file will be charged at the rate disclosed at sign-up.
• Monthly subscription (Pro): billed monthly in advance.
• Annual membership: billed in full, in advance, for the annual term.
• Promotional plans: we may offer occasional promotions. Promotional terms, including the price after the promotional period ends, are disclosed at sign-up; unless the Subscriber cancels before the promotional period ends the subscription will continue at the then-current standard rate.

All fees are stated in U.S. dollars and are exclusive of any applicable taxes, which are the Subscriber's responsibility. Payments are processed by our third-party payment processor, Stripe, and we accept payment by credit card only. Subscriber authorizes us to charge their card on file for all subscription fees, applicable taxes, and any other amounts incurred. Subscriber must keep their payment information current. If a charge fails, we may retry it and may suspend or downgrade Subscriber's access until payment is received. Stripe's processing of the payment information is subject to Stripe's own terms and privacy policy, as further described in our Privacy Policy.

THE SUBSCRIPTION AUTOMATICALLY RENEWS UNTIL THE SUBSCRIBER CANCELS. Monthly subscriptions renew automatically at the end of each month for successive one-month periods. Annual memberships renew automatically at the end of each year for successive one-year periods. Upon renewal the payment method on file will be charged the then-current rate for the Subscriber's plan at the start of each renewal period, unless the Subscriber cancels before the renewal date as described in Section 6.4. The renewal price, billing frequency, and cancellation method are also presented to the Subscriber at checkout, and they must affirmatively consent to them before the purchase is completed. After purchase, we will send the Subscriber an acknowledgment that includes the offer terms, our cancellation policy, and how to cancel, in a form the Subscriber can retain. We will send renewal reminder emails to the email address on file ahead of renewal, including, for annual plans, a reminder sent before each annual renewal that identifies the product, the frequency and amount of the renewal charge, and how to cancel. Subscriber is responsible for keeping a current, deliverable email address on file.

Subscriber may cancel their subscription at any time, without notice, and without penalty. Subscriber can cancel online through account settings or by emailing admin@gopitchwell.com from the email address on file. Cancellation takes effect as follows:

• Monthly plans: cancellation stops future billing; Subscriber's access continues through the end of the then-current paid billing period. Payments are not refunded or prorated.
• Annual plans: the annual fee is prepaid and non-refundable. Cancellation stops the next renewal, and Subscriber's access continues through the end of the prepaid annual term.
• Free trials and promotions: cancel before the end of the trial or promotional period to avoid the first (or next) charge.

We may change subscription fees or plan features from time to time. Any fee change will be communicated to the Subscriber in advance by notice to the email address on file and will take effect no earlier than the next renewal. Subscriber's continued use of the paid Services after the change takes effect constitutes acceptance of the new fee.

We may suspend or terminate the Subscriber's subscription or access to the Services as provided in Section 8 (Monitoring and Enforcement), including for violation of these Terms (including Sections 6.8 and 7). If we terminate the Subscriber's subscription for violation of these Terms, the Subscriber is not entitled to any refund. If we discontinue the paid Services entirely or terminate the Subscriber's subscription without cause, we will refund the prorated unused portion of any prepaid fees, which is the Subscriber's sole and exclusive remedy. Upon any cancellation, termination, or expiration, we will provide the Subscriber a reasonable opportunity (at least 30 days, except in cases of unlawful use) to export their Content, after which we may delete it in accordance with our Privacy Policy and retention practices.

The Services allow U.S.-based Subscribers to connect a Google account so that pitch emails are sent from the Subscriber's own Gmail account. By connecting a Google account, the Subscriber authorizes PitchWell to access their Google profile information, primary email address, Google account identifier, and Gmail account solely to provide the Services. Subscriber initiates and controls each email send. PitchWell does not send email autonomously. Subscriber may revoke PitchWell's access at any time through their Google account security settings or by disconnecting the integration, in which case features that depend on the integration will stop functioning. Subscriber must comply with Google's terms applicable to their Google account.

The Services include features that use third-party artificial intelligence and large language model providers to help draft pitches and outreach content from the Content the Subscriber provides (such as writing samples, biography, and achievements). AI-generated output may contain errors, inaccuracies, or content similar to output generated for other users. SUBSCRIBER IS SOLELY RESPONSIBLE FOR REVIEWING, EDITING, AND APPROVING ALL AI-ASSISTED OUTPUT BEFORE USING OR SENDING IT. AI-assisted output is provided for convenience only and is not professional, legal, or publicity advice. We do not guarantee that any pitch will be accurate, effective, or result in any media placement, response, or other outcome.

Pitch and outreach emails are sent from Subscriber's own email account and at the Subscriber's direction. As between the Subscriber and PitchWell, the Subscriber is the sender of every email sent through, or in connection with, the Services, and the Subscriber is solely responsible for its content and for compliance with applicable law, including the CAN-SPAM Act and any other applicable email, marketing, and privacy laws. Without limiting the foregoing, the Subscriber shall:

• Use accurate header information and truthful, non-deceptive subject lines;
• Honor any recipient's opt-out or unsubscribe request within 10 business days, at no charge to the recipient, and not send further commercial messages to that recipient thereafter;
• Not use purchased, rented, or harvested email lists, and only contact recipients the Subscriber has a lawful basis to contact;
• Include the Subscriber's valid physical postal address in commercial messages, which the Services facilitate as described below; and
• Not use the Services to send unlawful, deceptive, or malicious content, or bulk unsolicited email.

Media database. The Services include a database of podcasts, media outlets, and related contact information. We grant the Subscriber a limited, non-transferable license to use the media database solely for the Subscriber's own individualized outreach through the Services. Subscriber may not scrape, bulk-export, resell, redistribute, or use the media database to build or supplement any other product, list, or database, and the Subscriber may not use it to send bulk unsolicited email.

Community Templates. Subscriber may elect to share pitch or outreach templates with other users of the Services ("Community Templates"). If the Subscriber shares a Community Template, the Subscriber grants PitchWell and each user of the Services a nonexclusive, worldwide, royalty-free license to use, reproduce, display, modify, and adapt that template within the Services. Shared templates are visible to other users — do not include personal, confidential, or proprietary information in a Community Template. Subscriber may stop sharing a template at any time, but copies or adaptations already made by other users may remain in use.

You may use the Services only for lawful purposes and in accordance with the Terms. We reserve the right to monitor use of the Services for compliance. You agree that you will not use the Services, directly or indirectly:

• In any way that violates any applicable federal, state, local, or international law, rule of professional conduct, or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way;
• In any manner that abuses, threatens, defames, libels, incites hatred or violence toward, victimizes, intimidates, or otherwise harasses any person or group, or that discriminates on the basis of any class protected under law;
• To transmit content that is pornographic or obscene;
• To send bulk unsolicited commercial email, "junk mail," "chain letters," or "spam," or otherwise to send commercial messages in violation of Section 6.8 — provided that individualized pitch and outreach emails sent through the features of the Services in compliance with Section 6.8 are permitted;
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity, or to misrepresent your identity or affiliation;
• In any way that uses the Services or our intellectual property commercially for a competitive product or service;
• In any way that infringes the rights of others or is illegal, threatening, fraudulent, or harmful;
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services or that may harm the Company or users of the Services or expose them to liability; or
• To reverse engineer, decompile, tamper with, or disassemble the technology used to provide the Services (except to the extent such restriction is prohibited by non-waivable applicable law) or otherwise attempt to obtain source code.

Additionally, you agree not to, directly or indirectly: use the Services in any manner that could disable, overburden, damage, or impair them or interfere with any other party's use; use any robot, spider, automation, or scraping tool to access the Services for any purpose (including monitoring or copying material or media database contents); use any manual process to monitor or copy material without our prior written consent; use any device, software, or routine that interferes with the proper working of the Services; introduce viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful material; attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Services or any server, computer, or database connected to them; attack the Services via denial-of-service attack; take any action that may damage or falsify the Company or Website rating; or otherwise attempt to interfere with the proper working of the Services.

We have the right to: take any action with respect to any user that we deem necessary or appropriate in our sole discretion, including if we believe the user has violated the Terms, infringed any intellectual property or other right, threatened the personal safety of others, or could create liability for the Company; disclose your identity or other information about you to any third party who claims that material posted by you violates their rights; take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Services; and terminate or suspend your access to all or part of the Services for any or no reason, including any violation of the Terms (subject, for paid subscriptions, to Section 6.5).

We will not be required to respond to third-party data subject requests on behalf of users. To the extent applicable, and consistent with the Company's role as a processor under the EU General Data Protection Regulation ("GDPR") or similar laws, we will provide reasonable mechanisms or support to registered users acting as controllers to enable them to respond to data subject requests. If we receive a data subject request or complaint directly, we will promptly forward it to the responsible user and will not respond ourselves unless required by law.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR AS A RESULT OF, ITS INVESTIGATIONS, AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We do not warrant the accuracy, completeness, or usefulness of any information on or available through the Services, including the media database and any documents posted by the Company or by users. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor. The Services may include content provided by third parties, including other users and third-party licensors. All statements and opinions expressed in those materials are solely the responsibility of the person or entity providing them, do not necessarily reflect our opinion, and we are not responsible or liable to you or any third party for their content or accuracy.

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of third-party websites is entirely at your own risk and subject to those websites' terms and conditions.

The Services are controlled and operated from the United States and are subject to its laws, and certain subscriber features (including the Google integration described in Section 6.6) are offered to U.S.-based Subscribers only. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with all applicable local laws. You consent to the processing of the data you provide in the United States.

While we try to keep the Services safe, secure, and well-functioning, using the Services exposes users to some risks. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code, and you are responsible for implementing sufficient procedures to satisfy your requirements for anti-virus protection and for maintaining a means external to the Services for reconstruction of any lost data.

THE SERVICES AND ALL MATERIALS, CONTENT, AND PRODUCTS INCLUDED IN OR MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE COMPANY AND ITS LICENSORS EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, LATENT DEFECTS, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND QUIET ENJOYMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR THEIR USE WILL (I) BE UNINTERRUPTED OR SECURE, (II) BE FREE OF DEFECTS, INACCURACIES, OR ERRORS, (III) MEET USER REQUIREMENTS, (IV) OPERATE IN ANY PARTICULAR CONFIGURATION OR WITH ANY PARTICULAR HARDWARE, SOFTWARE, WEBSITE, OR APPLICATION, OR (V) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM YOUR USE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, ASSOCIATES, PARTNERS, EQUITY HOLDERS, ADVISORS, AGENTS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, OR ATTORNEYS' FEES) ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE CUMULATIVE, AGGREGATE LIABILITY OF THE COMPANY IN CONNECTION WITH THE SERVICES EXCEED $100 OR THE AMOUNTS YOU PAID TO THE COMPANY IN CONNECTION WITH THE PARTICULAR PRODUCT OR SERVICE AT ISSUE WITHIN THE TWELVE MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.

The limitations set out above do not apply to liability resulting from our gross negligence or willful misconduct, and do not affect any liability that cannot be excluded or limited under applicable law.

You agree to defend, indemnify, and hold the Company, its affiliates, and their respective members, directors, officers, associates, partners, equity holders, advisors, agents, employees, and representatives harmless from any damage, loss, cost, or expense (including attorneys' fees and costs) incurred in connection with any third-party claim, demand, or action brought or asserted against any of the indemnified parties: (i) alleging facts or circumstances that would constitute a breach by you of any provision of these Terms; (ii) arising from or related to your use of the Services, including any emails you send through the Services and your compliance or non-compliance with Section 6.8; or (iii) arising from or related to your Content.

In the event of any dispute arising out of or relating to these Terms or the Services, the party asserting the dispute (the "Claimant") shall provide the other party with written notice (a "Notice of Dispute"). The Notice of Dispute shall include: (a) the Claimant's name, mailing address, email address, and telephone number; (b) a reasonably detailed description of the facts and circumstances giving rise to the dispute; and (c) a statement of the specific relief sought. If you are the Claimant, you must send any Notice of Dispute by email to admin@gopitchwell.com and by U.S. Mail to PitchWell LLC, 720 Seale Ave., Palo Alto, CA 94303. The Company will send any Notice of Dispute to you by U.S. Mail to your mailing address if we have it, or otherwise to your email address on file. You and the Company will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent.

All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Subject to the Company's right to elect arbitration as set forth below, any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services that is permitted to proceed to court shall be instituted exclusively in the United States District Court for the Northern District of California or the courts of the State of California located in the City and County of San Francisco. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Notwithstanding the foregoing, the Company may, in its sole discretion, elect to require that any dispute, claim, legal suit, action, or proceeding arising out of, or related to, these Terms or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its rules then in effect, applying California law, in San Francisco, California (including, where appropriate and permitted, desk, telephone, or video proceedings to mitigate travel costs). If the Company elects arbitration, the pending court action (if any) shall be stayed or dismissed in favor of arbitration to the fullest extent permitted by law. The arbitration shall be governed by the Federal Arbitration Act. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

YOU AND WE AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. YOU AND WE AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION IN ARBITRATION OR IN COURT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL.

REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THE TERMS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.

No waiver by the Company of any term or condition of the Terms shall be deemed a further or continuing waiver of that or any other term or condition, and any failure by the Company to assert a right or provision under the Terms shall not constitute a waiver of that right or provision. If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions continue in full force and effect.

The Company's failure to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, or local governmental authorities, internet or utility failures, or any other cause beyond the Company's reasonable control shall not be deemed a breach of these Terms.

In addition to any other provisions that by their terms survive, the following survive any termination or expiration of these Terms or your subscription: Sections 4 (Intellectual Property Rights), 5 (Content You Provide, as to licenses needed to wind down the Services), 6.4 and 6.5 (as to amounts owed and post-termination matters), 12 (Disclaimer of Warranties), 13 (Limitation of Damages), 14 (Indemnification), 15 (Governing Law; Dispute Resolution), and this Section, together with all accrued rights, obligations, and liabilities of the parties.

These Terms of Service and the Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services. These Terms are accepted by you upon your access to or use of the Services and, for Subscribers, upon clicking "I agree" at purchase.

All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: PitchWell LLC, Email: admin@gopitchwell.com.