Terms of Service

1. Who We Are

PitchSmart ("PitchSmart," "we," "us," or "our") is operated by PITCHSMART SOFTWARE INC. ("the Company"), a limited company registered in British Columbia, Canada. We provide an AI-powered sales intelligence platform that helps business development representatives research prospects, identify buying signals, and generate outreach materials.

Our website and application are available at pitchsmart.com.

2. Acceptance of Terms

By accessing or using PitchSmart in any way — including creating an account, using a free trial, or accessing our API — you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use PitchSmart.

If you are using PitchSmart on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms, and "you" refers to both you and that entity.

3. Eligibility

PitchSmart is a business-to-business (B2B) platform intended solely for commercial and professional use by adults. To use PitchSmart, you must:

• Be at least 18 years of age;
• Be using PitchSmart for legitimate business purposes; and
• Have the legal authority to enter into a binding contract in your jurisdiction.

PitchSmart is not intended for personal, consumer, or household use, and is not directed at minors. By using PitchSmart, you represent and warrant that you meet these requirements.

4. Your Account

You are responsible for keeping your account credentials secure. You must notify us immediately at contact@pitchsmart.com if you believe your account has been compromised. We are not responsible for losses caused by unauthorized use of your account.

You may not share your account with others or create accounts on behalf of third parties without authorization.

5. Your Data — What You Give Us

You retain full ownership of all data, content, and information you submit to PitchSmart ("Your Content"). This includes product information you enter during onboarding, prospect lists you upload, and any other material you provide.

By submitting Your Content to PitchSmart, you grant us a worldwide, royalty-free, non-exclusive license to use, store, process, copy, modify, and display Your Content solely as needed to:

• Operate and deliver the PitchSmart service to you;
• Improve, train, and enhance our AI models and platform features;
• Generate aggregated, anonymized insights about platform usage; and
• Comply with legal obligations.

We will not sell Your Content to third parties as individually identifiable data. We may use aggregated and anonymized data derived from Your Content for any business purpose, including product development and marketing.

6. AI-Generated Content, Research Data, and Third-Party API Availability

PitchSmart uses artificial intelligence — including third-party AI services such as the Anthropic Claude API — to generate research summaries, signal scores, SPIN questions, MEDDPICC analyses, and other outputs ("AI Outputs").

AI Outputs may be inaccurate, incomplete, or outdated. You acknowledge that:

• AI Outputs are provided for informational and assistive purposes only and do not constitute legal, financial, or professional advice;
• You are solely responsible for independently verifying any AI Output before acting on it;
• PitchSmart makes no representations or warranties regarding the accuracy, completeness, or reliability of AI Outputs; and
• PitchSmart is not liable for any decisions you make based on AI Outputs.

Third-Party API Availability. Certain features of PitchSmart depend on third-party API providers, including but not limited to AI model providers, data enrichment services, and research APIs. PitchSmart has no control over the availability, performance, pricing, or continuity of these third-party services. We are not liable for any service degradation, feature unavailability, data gaps, or interruptions caused by a third-party provider changing, restricting, or discontinuing their API — including changes by Anthropic (Claude API), or any data provider we rely upon. In the event a critical third-party service becomes unavailable, we will make reasonable efforts to find an equivalent replacement, but cannot guarantee uninterrupted access to affected features.

7. Third-Party Data Sources

PitchSmart aggregates publicly available business intelligence from third-party sources, including but not limited to web search services, news APIs, business data providers, and professional network data APIs. This data is used to populate research profiles, signal feeds, and enrichment data within the platform ("Third-Party Research Data").

You acknowledge that:

• Third-Party Research Data is sourced from providers we engage under their respective terms of service, and is not guaranteed to be current, complete, or accurate;
• PitchSmart does not claim to own or license any underlying data from third-party platforms, including LinkedIn or its parent company Microsoft;
• You are responsible for ensuring your use of Third-Party Research Data complies with all applicable laws, including privacy laws in the jurisdiction of the individuals you research; and
• You will not use Third-Party Research Data to harass, spam, discriminate against, or otherwise harm any individual.

8. Acceptable Use

You agree not to use PitchSmart to:

• Send unsolicited bulk commercial messages ("spam") in violation of applicable anti-spam laws, including Canada's Anti-Spam Legislation (CASL) and the US CAN-SPAM Act;
• Collect or process personal data in violation of applicable privacy laws, including PIPEDA, BC PIPA, the GDPR, or the CCPA;
• Discriminate against individuals on the basis of race, gender, religion, national origin, disability, or any other protected characteristic;
• Impersonate any person or entity or misrepresent your affiliation;
• Reverse engineer, decompile, or attempt to extract our source code or AI models;
• Resell, sublicense, or white-label PitchSmart without our express written permission;
• Conduct any activity that violates applicable local, provincial, federal, or international law.

9. Payment and Subscriptions

Certain features of PitchSmart are available only with a paid subscription. Subscription fees are billed in advance on a monthly or annual basis. All fees are non-refundable except where required by applicable law or as expressly stated in a separate written agreement.

Taxes. All subscription fees are stated exclusive of applicable taxes. You are responsible for paying all applicable taxes, levies, or duties imposed by taxing authorities, including Canadian federal Goods and Services Tax (GST), British Columbia Provincial Sales Tax (PST), and any other applicable sales, use, or value-added taxes in your jurisdiction. Where PitchSmart is required by law to collect and remit such taxes, the applicable tax amount will be added to your invoice at the then-current rate.

Late Payments. If any amount due is not received by PitchSmart by the payment due date, we reserve the right to: (a) suspend or limit access to your account until the outstanding balance is paid in full; and (b) charge interest on overdue amounts at a rate of 1.5% per month (18% per annum), or the maximum rate permitted by applicable law, whichever is lower, calculated from the due date until the date of full payment. You are responsible for all reasonable costs of collection, including legal fees, incurred by PitchSmart in recovering unpaid amounts.

We reserve the right to change our pricing at any time. We will provide at least 30 days' notice of price changes to active subscribers before the change takes effect.

10. Intellectual Property

PitchSmart and all of its underlying technology, design, software, algorithms, and content (excluding Your Content) are owned by PITCHSMART SOFTWARE INC. and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use PitchSmart solely for your internal business purposes as permitted by these Terms.

Nothing in these Terms transfers any intellectual property rights to you.

11. Disclaimer of Warranties

PitchSmart is provided "as is" and "as available," without any warranties of any kind, express or implied. We do not warrant that the platform will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant that any Third-Party Research Data or AI Output will be accurate, complete, or fit for any particular purpose.

To the maximum extent permitted by applicable law, we disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

12. Limitation of Liability

To the maximum extent permitted by applicable law, PitchSmart's total liability to you for any claims arising out of or relating to these Terms or the service shall not exceed the greater of (a) the amount you paid to PitchSmart in the 12 months preceding the claim, or (b) CAD $100.

In no event shall PitchSmart be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, loss of data, or business interruption, even if we have been advised of the possibility of such damages.

13. Indemnification

You agree to indemnify, defend, and hold harmless PITCHSMART SOFTWARE INC., its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) your use of PitchSmart; (b) Your Content; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of any third party.

14. Termination

We may suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms or if required by law. You may terminate your account at any time by contacting us at contact@pitchsmart.com.

Upon termination, your right to use PitchSmart ceases immediately. Provisions of these Terms that by their nature should survive termination — including intellectual property, disclaimer, limitation of liability, and indemnification — will survive.

15. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any disputes arising from these Terms or your use of PitchSmart shall be resolved in the courts of British Columbia, Canada. You consent to the exclusive jurisdiction and venue of such courts.

16. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or by displaying a prominent notice on the platform at least 14 days before the changes take effect. Your continued use of PitchSmart after that date constitutes acceptance of the updated Terms.

17. Privacy Policy and Data Processing

Your use of PitchSmart is also governed by our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes how we collect, use, and protect personal information you provide to us.

Prospect Data and Data Processing Agreement (DPA). To the extent that you use PitchSmart to process personal data about third-party individuals (including business prospects, contacts, or leads), and where applicable law requires a formal data processing arrangement (such as under the GDPR or BC PIPA), such processing is governed by a separate Data Processing Agreement ("DPA"). By using PitchSmart's research and enrichment features, you acknowledge that: (a) you are the data controller for any personal prospect data you submit to or generate within the platform; (b) PitchSmart acts as a data processor on your behalf for such data; and (c) you agree to enter into PitchSmart's standard DPA, available upon request at contact@pitchsmart.com, where legally required. You are solely responsible for ensuring you have a lawful basis to process any personal data of individuals you research through the platform.

18. Entire Agreement

These Terms, together with our Privacy Policy and any applicable Data Processing Agreement, constitute the entire agreement between you and PitchSmart regarding the service and supersede all prior agreements and understandings.