Terms of Service

1. Eligibility, Accounts, and Workspaces

1.1 Eligibility

You must be legally capable of entering into a binding agreement to create or use a Pitchello account. You may not access or use the Service if applicable law prohibits you from receiving or using it.

If you use the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

1.2 Accounts

Pitchello may permit account access through supported authentication methods, including Google sign-in and magic-link authentication.

You agree to provide accurate and current information and to keep information associated with your account reasonably current. You may not impersonate another person, misrepresent your affiliation with another person or organization, create an account for another person without authorization, or access another person’s account without permission.

You are responsible for maintaining the security of your account, email account, authentication links, connected authentication providers, and devices used to access the Service. You must promptly notify us at [email protected] if you become aware of unauthorized access to your account.

We may require additional authentication or temporarily restrict access where we reasonably believe doing so is necessary to protect an account, workspace, user, or the Service.

1.3 Workspaces and Members

The Service allows users to create and participate in collaborative workspaces containing decks, projects, uploaded materials, generated content, comments, sharing settings, and related information.

Workspace owners and administrators may invite other persons to join a workspace and may have permissions to manage members, content, roles, and sharing settings. An invited person must complete the applicable acceptance process before joining the workspace.

If you invite another person, you represent that you are authorized to provide that person’s contact information for purposes of administering the invitation.

Workspace owners and administrators are responsible for managing workspace membership and permissions appropriate to their organization and projects. Each member remains responsible for that member’s conduct and compliance with these Terms.

Pitchello is not responsible for access by a person who was authorized to access information through permissions selected or maintained by a workspace owner or administrator.

2. The Pitchello Service

Pitchello provides tools for creating, organizing, collaborating on, presenting, and sharing creative materials, including pitch decks, treatments, mood boards, and related projects.

Features may include uploads, templates, project organization, private sharing links, Viewer analytics, comments, PDF import and export, AI-assisted functionality, and other features made available from time to time.

The availability of particular functionality may depend on your subscription plan, workspace permissions, account settings, geographic location, third-party services, or technical requirements.

We may add, modify, improve, restrict, replace, or discontinue features as the Service develops. Unless expressly agreed in a separate written agreement, we do not guarantee that a particular feature, integration, model, template, or third-party service will remain available.

Certain functionality may be identified as beta, preview, experimental, early access, or similar. Such functionality may be incomplete, changed, restricted, or discontinued and may be subject to additional terms.

3. Subscriptions, Trials, Billing, and Credits

3.1 Paid Plans

Certain features require a paid subscription. Available plans, features, prices, billing intervals, and usage allowances are described at the time of purchase or on our applicable pricing pages.

Pitchello may offer monthly and annual subscriptions and may change or introduce plans from time to time.

3.2 Trials

We may offer eligible users a trial period. The duration, features, eligibility requirements, and conversion terms presented when you begin a trial form part of these Terms.

If a trial requires a payment method and is presented as automatically converting to a paid subscription, your paid subscription will begin when the trial ends unless you cancel before the applicable deadline.

3.3 Automatic Renewal and Cancellation

Unless otherwise stated at purchase, paid subscriptions automatically renew at the end of each billing period until cancelled.

By purchasing an automatically renewing subscription, you authorize Pitchello and its payment processor to charge the applicable subscription price and taxes to your designated payment method at the beginning of each renewal period.

You may cancel renewal using the cancellation method provided through the Service. Unless applicable law or the terms presented at purchase require otherwise, cancellation takes effect at the end of the then-current paid subscription period, and you may continue using the applicable paid features until that period expires.

We will provide renewal, cancellation, price-change, and other subscription notices to the extent required by applicable law.

3.4 Prices and Payments

We may change subscription prices or plan features prospectively. If a change affects an existing automatically renewing subscription, we will provide advance notice where required by law.

Payments are processed through third-party payment providers, including Stripe. You authorize Pitchello and its payment providers to process charges and payment information necessary to administer your purchases.

If payment cannot be completed, we may attempt the charge again, request an updated payment method, restrict paid functionality, downgrade the applicable account or workspace, or suspend access until amounts due are paid.

3.5 AI Credits

Certain AI-assisted or usage-based features may require credits. A subscription may include an allocation of credits, and we may permit users to purchase additional credit packs.

The number of credits required for a particular operation may vary by feature, model, or processing requirement. Credits are a contractual mechanism for accessing eligible Service functionality. They are not money, stored value, cryptocurrency, or property and have no cash value outside the Service.

Except where required by law or expressly stated otherwise at purchase, credits consumed through an eligible operation are non-refundable. Any applicable expiration or rollover rules will be disclosed through the Service or at purchase.

3.6 Refunds and Taxes

Except where required by applicable law or expressly stated otherwise at purchase, subscription fees and other charges are non-refundable once charged.

You are responsible for applicable taxes associated with your purchases to the extent permitted by law, and we may collect taxes when required.

Nothing in these Terms limits a cancellation, refund, or other consumer right that cannot lawfully be waived.

4. Your Content

4.1 Ownership

The Service allows you to upload, submit, import, create, enter, store, organize, generate, and share materials such as images, video, fonts, documents, PDFs, text, prompts, comments, creative references, and other content. Materials that you or your authorized workspace members provide to the Service are collectively “Your Content.”

As between you and Pitchello, you retain whatever ownership rights you have in Your Content. These Terms do not transfer ownership of Your Content to Pitchello.

4.2 License to Provide the Service

You grant Pitchello a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, display, and modify Your Content to the extent reasonably necessary to provide, maintain, secure, support, and operate the Service for you.

This license includes the rights necessary to perform actions you request, such as processing an imported document, creating previews, displaying materials to authorized workspace members or Viewers, generating exports, processing material through AI Features, and transmitting material to service providers necessary to perform the requested functionality.

The license does not transfer ownership of Your Content to Pitchello.

4.3 Sharing at Your Direction

When you choose to share Your Content with workspace members, Viewers, or other persons, you authorize Pitchello to make the content available according to the settings and instructions you select.

A recipient with authorized access may be able to view, copy, capture, download, or further disclose content depending on the functionality and permissions available. Pitchello cannot control a recipient’s conduct outside the Service.

4.4 Deletion

If you delete Your Content or terminate your account, associated information will be handled in accordance with our Privacy Policy and applicable retention practices.

Deletion from active systems may not result in immediate deletion from backups, security records, legal records, or other systems where continued retention is permitted or required. Materials previously exported, downloaded, or independently copied by another authorized person are outside Pitchello’s control.

5. Your Rights and Responsibilities for Content

You are responsible for Your Content and for ensuring that your use of it through the Service is lawful.

You represent and warrant that you have all rights, licenses, permissions, and consents reasonably necessary to upload, submit, process, display, share, export, and otherwise use Your Content as contemplated by your use of the Service.

You may not use the Service to infringe or misappropriate another person’s copyright, trademark, trade secret, privacy, publicity, confidentiality, contractual, or other proprietary or personal rights.

Creative work may involve references, source materials, inspiration, third-party images, footage, documents, music, and other materials. Pitchello does not determine whether your use of particular third-party material constitutes fair use, is licensed, is in the public domain, or is otherwise legally permissible. You are responsible for making that determination and obtaining any permissions required for your intended use.

If Your Content depicts or identifies another person, contains personal information, or is subject to confidentiality or contractual restrictions, you are responsible for having an appropriate legal basis and obtaining any required permissions.

6. Artificial Intelligence Features

6.1 AI-Assisted Functionality

Pitchello may provide features that use artificial intelligence or machine-learning technologies to assist with text, layouts, images, document processing, descriptions, or other creative and organizational tasks (“AI Features”).

Some AI Features are powered by third-party providers. Information necessary to perform a requested AI operation may be transmitted to and processed by the applicable provider as described in our Privacy Policy.

6.2 Inputs and Outputs

Text, prompts, instructions, materials, and other information submitted to an AI Feature are “Inputs.” Text, images, descriptions, layouts, and other material generated or returned through an AI Feature are “Outputs.”

Inputs you provide are part of Your Content.

As between you and Pitchello, and to the extent Pitchello has transferable rights in an Output, Pitchello assigns those rights to you upon generation. This does not transfer rights Pitchello does not possess or represent that an Output qualifies for copyright or other intellectual property protection.

6.3 AI Limitations

AI-generated material is probabilistic. Outputs may be inaccurate, incomplete, unexpected, unsuitable, or similar or identical to material generated for other users.

Pitchello does not warrant that an Output is unique, accurate, original, non-infringing, legally protectable, or suitable for a particular production or commercial purpose. You are responsible for reviewing Outputs before relying on, publishing, distributing, commercializing, or otherwise using them.

6.4 Providers and Data Practices

Different AI Features may use different providers, models, and processing methods. We may add, replace, or discontinue providers or models as the Service develops.

Our Privacy Policy describes material information concerning the processing of information through AI Features. Pitchello will not make a broader representation concerning a third-party provider’s use of information than is supported by Pitchello’s actual configuration and arrangements with that provider.

6.5 Reference Materials

When you choose an image for an AI Feature to work from, such as a reference image, an image you ask it to edit, or the starting frame of an AI video, that image is supplied to the AI provider as an Input to the generation.

Certain other functionality may analyze an uploaded reference or other material to create a description, prompt, classification, or other intermediate information used by an AI Feature.

Your responsibilities under Section 5 apply to all reference materials you submit.

7. Pitchello Templates and Provided Materials

Pitchello may provide templates, layouts, graphics, imagery, interface elements, examples, and other materials through the Service (“Pitchello Materials”). Pitchello Materials may include materials owned by Pitchello, licensed materials, public-domain or CC0 materials, and AI-generated materials.

Subject to these Terms and your applicable plan, Pitchello grants you a limited, non-exclusive, non-transferable license to use Pitchello Materials through the Service and to incorporate them into projects created using Pitchello for lawful personal or commercial creative purposes.

You may not extract, scrape, reproduce, redistribute, sublicense, sell, or commercially exploit Pitchello Materials as a standalone template library, stock-media collection, competing product, or other resource separate from the project functionality for which they are provided.

Some Pitchello Materials may be AI-generated. Pitchello does not represent that every AI-generated element is independently eligible for copyright or other intellectual property protection. Contractual restrictions on access to and use of Pitchello Materials apply regardless of whether each individual element qualifies for copyright protection.

Unless expressly stated otherwise, templates and Pitchello Materials are non-exclusive and may also be made available to other users.

8. Sharing, Viewers, Downloads, and Exports

8.1 Share Links and Access Controls

Pitchello may allow you to share decks, projects, packages, and other materials through links or other sharing mechanisms.

Depending on available functionality, you may be able to apply controls such as passwords, expiration dates, IP restrictions, email gating, or download permissions.

You are responsible for selecting sharing settings appropriate to the sensitivity and intended audience of Your Content and for distributing share links only to intended recipients.

Access controls reduce particular risks but do not guarantee confidentiality or prevent an authorized recipient from copying, capturing, downloading, forwarding, or otherwise disclosing information. A share link should not be treated as a substitute for a confidentiality agreement where contractual confidentiality protection is appropriate.

8.2 Viewers

A person may be able to access shared content without creating a Pitchello account (“Viewer”). A Viewer may be required to provide information or satisfy access controls selected by the person sharing the content.

The Service may provide workspace owners or authorized users with analytics concerning access to shared content, including information such as when a deck was viewed, device or browser information, network information, time spent viewing, page-level engagement, and, where email gating is enabled, information supplied by the Viewer.

Our Privacy Policy provides additional information concerning Viewer data and associated processing.

8.3 Downloads and Exports

The Service may permit content to be downloaded or exported, including in PDF or other supported formats. You are responsible for deciding whether download functionality should be enabled where the Service gives you that choice.

Once content is downloaded, exported, captured, or otherwise transferred outside Pitchello, we may no longer be able to control its storage, copying, disclosure, security, modification, or deletion.

Exports may not reproduce every interactive, dynamic, linked, embedded, or third-party element exactly as it appears within the Service. You are responsible for reviewing exported material before relying on, presenting, publishing, or distributing it.

9. Acceptable Use and User Conduct

You may not use the Service to:

(a) violate applicable law or facilitate unlawful conduct;

(b) infringe, misappropriate, or violate intellectual property, privacy, publicity, confidentiality, contractual, or other rights;

(c) harass, threaten, defame, impersonate, abuse, unlawfully discriminate against, or deceive another person;

(d) exploit, abuse, or endanger children;

(e) distribute malware, malicious code, spam, or material intended to damage or disrupt systems or obtain unauthorized access;

(f) gain or attempt to gain unauthorized access to an account, workspace, network, system, or restricted functionality;

(g) circumvent or interfere with authentication, sharing restrictions, moderation systems, rate limits, security features, or other access or usage controls;

(h) scrape, crawl, harvest, or systematically extract content or data except as expressly authorized by Pitchello;

(i) reverse engineer, decompile, disassemble, or attempt to derive source code or underlying components of the Service except to the extent such restrictions are prohibited by law;

(j) use the Service to engage in fraud, impersonation, deceptive conduct, or unauthorized commercial solicitation;

(k) use AI Features to create or distribute material prohibited by restrictions communicated through the Service or applicable provider requirements;

(l) interfere with the integrity, availability, or proper operation of the Service or another person’s use of it; or

(m) encourage, assist, or enable another person to engage in prohibited conduct.

Where comments or other communications are enabled, you remain responsible for material you submit. Pitchello does not endorse user comments or communications.

We may establish additional reasonable technical, safety, or use restrictions where necessary to protect users, third parties, or the Service.

10. Content Moderation and Enforcement

Pitchello may use automated systems, human review, user reports, or other measures to identify content or conduct that may violate these Terms, applicable law, or our policies.

Certain categories of images may be subject to automated safety screening. Not every type of file, communication, or upload is necessarily subject to the same screening process. The existence of moderation functionality does not mean Pitchello reviews or approves all content.

Automated systems can produce false positives and false negatives. A moderation status, automated flag, or absence of a flag is not a determination that content is lawful, unlawful, infringing, non-infringing, safe, or appropriate.

Pitchello reserves the right, but does not undertake a general obligation, to investigate suspected violations and to restrict, disable, preserve, or remove content or accounts when we reasonably determine such action is appropriate. We may act based on automated indicators, user reports, legal notices, security concerns, or other information available to us.

Where required or permitted by law, we may preserve information, respond to lawful governmental requests, or refer matters to appropriate authorities.

Nothing in this Section creates a general obligation to monitor the Service or a representation that prohibited content will always be detected or removed.

11. Copyright and DMCA

Pitchello respects intellectual property rights and expects users to do the same.

If you believe material available through the Service infringes your copyright, you may submit a notification under our Copyright and DMCA Policy, requested by emailing [email protected].

The Copyright and DMCA Policy provides instructions for infringement notifications and counter-notifications and describes our repeat-infringer policy.

In appropriate circumstances, Pitchello may remove or disable access to material claimed to be infringing and may terminate accounts of users determined to be repeat infringers under our policy.

Our designated copyright agent information will be published in the Copyright and DMCA Policy and maintained with the United States Copyright Office as required.

Pitchello’s general safety or content-moderation tools do not determine whether user content infringes copyright, and the presence or absence of a moderation flag should not be interpreted as a copyright determination.

12. Third-Party Services

The Service relies on third-party providers and may allow access to or integration with third-party products, AI models, applications, websites, or services.

Third-party services may be subject to separate terms and privacy practices. Pitchello does not control third-party services and is not responsible for their independent acts, omissions, availability, changes, or discontinuation.

If a provider necessary to a feature becomes unavailable, changes its terms, imposes restrictions, or is no longer commercially or technically suitable, Pitchello may modify, replace, restrict, or discontinue the affected feature.

Nothing in this Section limits Pitchello’s own obligations concerning personal information under applicable law or our Privacy Policy.

13. Privacy and Administrative Access

Our collection, use, disclosure, retention, and other processing of personal information is described in our Privacy Policy.

If you use the Service to collect information from Viewers, invite workspace members, or share content with identifiable recipients, you are responsible for using those features lawfully and for providing any notice or obtaining any permission independently required from you by applicable law.

Pitchello may provide functionality allowing a workspace owner to authorize support personnel to access workspace information for a limited period in connection with a support request.

Pitchello personnel may also access account, workspace, system, or content information where reasonably necessary to operate, maintain, secure, troubleshoot, or protect the Service; investigate suspected fraud, abuse, security incidents, or violations; respond to legal process; enforce these Terms; or comply with applicable law.

The availability of a user-facing support authorization feature does not mean that every administrative, operational, security, or legally required access permitted under these Terms requires separate case-by-case user authorization.

14. Pitchello Intellectual Property

Except for Your Content and rights expressly granted under these Terms, Pitchello and its licensors retain all right, title, and interest in the Service and associated software, technology, interfaces, designs, branding, trademarks, documentation, and proprietary materials.

Subject to your compliance with these Terms, Pitchello grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service during your authorized access period for your personal or internal business creative purposes.

No rights are granted by implication.

You may not use Pitchello’s names, trademarks, logos, or other brand features in a manner that falsely suggests sponsorship, endorsement, or affiliation.

If you voluntarily provide suggestions or feedback concerning the Service, you grant Pitchello a perpetual, irrevocable, worldwide, royalty-free right to use that feedback without restriction or compensation. This provision does not apply to Your Content merely because Your Content is processed through the Service.

15. Suspension, Termination, and Service Availability

15.1 Termination by You

You may stop using the Service at any time and may cancel a paid subscription through the cancellation functionality provided through the Service.

Cancellation of a subscription does not necessarily result in immediate deletion of your account or Your Content. Account and data deletion are handled separately under the functionality made available through the Service and our Privacy Policy.

15.2 Suspension or Termination by Pitchello

We may suspend, restrict, or terminate access to all or part of the Service if we reasonably determine that:

(a) you materially violated these Terms;

(b) your use creates a material legal, security, operational, or fraud risk;

(c) payment remains overdue;

(d) your use infringes or is reasonably alleged to infringe another person’s rights;

(e) action is required by law, court order, governmental request, or a material third-party restriction; or

(f) continued access could materially harm Pitchello, another user, a third party, or the Service.

Where reasonably practicable, we may provide notice and an opportunity to cure before termination. Advance notice is not required where immediate action is reasonably necessary to address security, fraud, unlawful conduct, infringement, or material risk.

15.3 Effect of Termination

When your access terminates, your right to use the affected Service ends. Termination does not eliminate payment obligations incurred before termination.

Access to Your Content following termination may be limited or unavailable. Where export functionality is available, you are responsible for exporting materials you wish to retain before terminating the Service.

15.4 Availability

We work to provide a reliable Service but do not guarantee uninterrupted or error-free availability. Maintenance, updates, network conditions, security events, third-party outages, technical failures, or circumstances beyond our reasonable control may affect availability.

Unless expressly agreed in a separate written agreement, Pitchello does not provide a service-level agreement or guaranteed uptime commitment.

16. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND PITCHELLO MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PITCHELLO DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, Pitchello does not warrant that the Service will be uninterrupted, secure, or error-free; that Your Content will never be lost; that a particular feature or third-party service will remain available; that sharing controls will prevent every unauthorized disclosure; or that any analytics, AI Output, template, recommendation, or other result will be accurate, unique, legally protectable, non-infringing, or suitable for your intended purpose.

You are responsible for maintaining appropriate copies of important materials and reviewing content before relying on, publishing, presenting, distributing, or commercially exploiting it.

Some jurisdictions do not permit certain warranty exclusions. To the extent an exclusion is prohibited by applicable law, it applies only to the maximum extent permitted.

Nothing in these Terms excludes a warranty, guarantee, or consumer right that cannot lawfully be excluded or waived.

17. Limitation of Liability

17.1 Excluded Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PITCHELLO AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, GOODWILL, USE, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF PITCHELLO AND THE OTHER PARTIES IDENTIFIED ABOVE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO PITCHELLO FOR THE SERVICE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) $100.

17.3 Exceptions

The exclusions and limitations above do not apply to liability to the extent applicable law prohibits its exclusion or limitation. Nothing in these Terms limits liability for fraud, fraudulent misrepresentation, willful misconduct, or other liability that cannot lawfully be limited.

If applicable law provides mandatory remedies notwithstanding these Terms, those remedies remain available to the extent required by law.

The limitations in this Section reflect the allocation of risk between you and Pitchello and are an essential basis on which the Service is offered and priced.

18. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Visual Gravity Inc., its affiliates, and their respective directors, officers, employees, contractors, and agents from and against third-party claims, damages, judgments, settlements, losses, liabilities, costs, and reasonable attorneys’ fees arising out of or relating to:

(a) Your Content;

(b) your alleged or actual infringement, misappropriation, or violation of another person’s intellectual property, privacy, publicity, confidentiality, contractual, or other rights;

(c) your unlawful or unauthorized use of the Service;

(d) your material violation of these Terms; or

(e) your fraud, willful misconduct, or violation of applicable law.

Pitchello will provide reasonable notice of an indemnified claim. You may control the defense with counsel reasonably acceptable to Pitchello, provided that you may not settle a claim in a manner that admits wrongdoing by Pitchello, imposes non-monetary obligations on Pitchello, or fails to provide Pitchello a complete release without our prior written consent.

Pitchello may participate in the defense with counsel of its choosing at its own expense.

This Section does not require you to indemnify Pitchello to the extent a claim results from Pitchello’s fraud, willful misconduct, or other conduct for which indemnification cannot lawfully be required.

19. Governing Law and Dispute Resolution

19.1 Governing Law

These Terms and disputes arising out of or relating to them or the Service are governed by the laws of the State of Nevada, without regard to conflict-of-laws principles, except to the extent applicable federal law governs.

Nothing in this provision deprives a consumer of a protection that cannot lawfully be waived under otherwise applicable law.

19.2 Informal Dispute Resolution

Before commencing arbitration, you and Pitchello agree to make a good-faith effort to resolve the dispute informally.

The initiating party must provide written notice describing the dispute and requested relief. The parties will have 30 days after receipt to attempt resolution before commencing arbitration, except where immediate injunctive or equitable relief is reasonably necessary.

Notices to Pitchello under this Section must be sent to [email protected].

19.3 Binding Individual Arbitration

Except for disputes described in Section 19.4, you and Pitchello agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally will be resolved through binding individual arbitration rather than in court.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

Arbitration will be administered by JAMS under the applicable JAMS rules in effect when arbitration is commenced, as modified by these Terms. If JAMS is unavailable, the parties will select another nationally recognized arbitration provider.

The arbitration may be conducted remotely where permitted by the applicable rules. For consumer claimants, hearing location and allocation of arbitration fees will comply with applicable law and the arbitration provider’s consumer standards.

The arbitrator may award any individual remedy available in a court of competent jurisdiction, subject to limitations lawfully imposed by these Terms.

19.4 Exceptions

Either party may bring an eligible individual action in small claims court or seek temporary or preliminary judicial relief where reasonably necessary to prevent actual or threatened infringement, misappropriation, unauthorized access, or misuse of intellectual property, confidential information, or the Service.

Nothing in these Terms prevents a person from bringing a matter before a governmental agency where applicable law permits that proceeding.

19.5 Class Action and Jury Trial Waivers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND PITCHELLO AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION OR ARBITRATION.

An arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim, except where applicable law requires otherwise.

If a final judicial determination holds that this waiver is unenforceable as to a particular claim or remedy, that claim or remedy will be severed and heard by a court of competent jurisdiction, while remaining arbitrable claims will remain subject to arbitration to the extent permitted by law.

WHERE A DISPUTE IS SUBJECT TO ARBITRATION, YOU AND PITCHELLO WAIVE THE RIGHT TO A TRIAL BEFORE A JUDGE OR JURY.

19.6 Arbitration Opt-Out

You may opt out of Sections 19.3 through 19.5 by sending written notice to [email protected] within 30 days after you first accept a version of these Terms containing this arbitration agreement.

The notice must include your name, the email address associated with your Pitchello account, and a clear statement that you are opting out of the arbitration agreement.

Opting out does not affect the remainder of these Terms.

19.7 Court Venue

For disputes not subject to arbitration, and except where applicable law requires otherwise, you and Pitchello consent to the exclusive jurisdiction and venue of the state and federal courts having jurisdiction in Clark County, Nevada.

20. Changes to These Terms and Electronic Communications

20.1 Changes

We may update these Terms as the Service, our practices, or applicable legal requirements change.

When we update them, we will revise the “Last Updated” date and provide additional notice where appropriate or required by law.

For material changes, we may require you to affirmatively accept the revised Terms before continuing to use some or all of the Service. The version presented through the applicable acceptance process will govern your continued use following acceptance.

Changes will not retroactively alter the terms governing a dispute that arose before the updated Terms became effective unless applicable law permits and the parties validly agree otherwise.

If you do not agree to revised Terms, you must stop using the Service and, where applicable, cancel your subscription.

20.2 Electronic Communications

You consent to receive agreements, notices, disclosures, receipts, service communications, and other information electronically, including through the Service or by email.

To the extent permitted by law, electronic communications satisfy requirements that communications be provided in writing.

You are responsible for maintaining a current email address associated with your account.

21. General Terms

21.1 Separate Written Agreements

If you and Visual Gravity Inc. enter into a separately signed agreement that expressly governs your use of the Service, such as a Design Partner Agreement or other negotiated agreement, that agreement controls to the extent of a direct conflict for the subject matter it expressly governs.

Otherwise, these Terms govern your use of the Service.

21.2 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent, except where applicable law prohibits the restriction.

Pitchello may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, change of control, or by operation of law.

21.3 Force Majeure

Pitchello will not be liable for delay or failure to perform resulting from circumstances beyond its reasonable control, including natural disasters, governmental action, war, terrorism, civil unrest, labor disputes, utility or telecommunications failures, internet disruption, or widespread cloud or third-party service outages.

This provision does not excuse payment obligations already incurred.

21.4 Severability and Waiver

If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions will remain effective.

A failure or delay in enforcing a provision is not a waiver of that provision or any other right.

21.5 Entire Agreement

These Terms, together with policies and additional terms expressly incorporated into them and any separately executed agreement that expressly supplements or supersedes them, constitute the agreement between you and Pitchello concerning the Service.

21.6 Relationship and Third-Party Rights

These Terms do not create a partnership, joint venture, employment, fiduciary, franchise, or agency relationship between you and Pitchello.

Except as expressly stated, these Terms do not create rights in any third-party beneficiary.

21.7 Export and Sanctions Compliance

You may not access or use the Service in violation of applicable United States export-control, trade-sanctions, or similar laws, and you represent that you are not prohibited from receiving the Service under applicable trade restrictions.

21.8 Survival

Provisions that by their nature should survive termination will survive, including provisions concerning ownership, payment obligations, intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and general contractual interpretation.

21.9 Headings

Headings are for convenience only and do not affect interpretation.

22. Contact Us

The Service is provided by:

Visual Gravity Inc.
d/b/a Pitchello
5725 S Valley View Blvd Ste 5 PMB 356804, Las Vegas, NV 89118
Email: [email protected]

Copyright infringement notices should be submitted in accordance with our Copyright and DMCA Policy, requested by emailing [email protected], rather than through the general contact information above.