Terms and Conditions
Last updated: January 8, 2025
Welcome to Pitchora. These Terms and Conditions ("Terms") govern your use of the Pitchora platform and services at pitchora.ai (the "Service") operated by Pitchora ("we", "us", or "our"). By accessing or using the Service, you agree to be bound by these Terms.
1. Acceptance of Terms
By creating an account or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not use the Service.
You must be at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Service on behalf of a company or organization, you represent that you have authority to bind that entity to these Terms.
2. Description of Service
Pitchora is a personalized video generation platform that enables you to:
- Record webcam videos with teleprompter assistance
- Generate personalized videos at scale using prospect data
- Create branded landing pages for video delivery
- Track video engagement and analytics
- Export leads and videos to third-party CRM and sales platforms
3. Account Registration
To use the Service, you must create an account. You agree to:
- Provide accurate and complete registration information
- Maintain the security of your account credentials
- Promptly update any information that becomes inaccurate
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized access
We reserve the right to suspend or terminate accounts that violate these Terms or are inactive for extended periods.
4. Subscriptions and Billing
4.1 Subscription Plans
The Service is offered through various subscription tiers with different features and usage limits. Current pricing and plan details are available on our website and may be updated from time to time.
4.2 Free Trial
We may offer a free trial period. During the trial, you have access to limited features. At the end of the trial, you must subscribe to continue using the Service.
4.3 Payment
Subscriptions are billed in advance on a monthly or annual basis. All payments are processed securely through Stripe. By subscribing, you authorize us to charge your payment method for the applicable fees.
4.4 Automatic Renewal
Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You can cancel your subscription at any time through your account settings.
4.5 Refunds
We do not provide refunds for partial subscription periods. If you cancel, you will continue to have access until the end of your current billing period. For exceptional circumstances, contact our support team.
4.6 Price Changes
We may change our pricing with 30 days' notice. Price changes will take effect at the start of your next billing period. Continued use after price changes constitutes acceptance of the new pricing.
4.7 Failed Payments
If a payment fails, we may suspend your access to the Service until payment is received. We will attempt to notify you and retry the payment before suspension.
5. Video Credits and Usage Limits
Your subscription includes a monthly allocation of video credits. Credits are used when generating personalized videos. Unused credits do not roll over to the next billing period unless otherwise specified in your plan.
Usage limits may apply to storage, API calls, and other Service features. If you exceed your limits, you may need to upgrade your plan or purchase additional credits.
6. Acceptable Use Policy
You agree not to use the Service to:
- Violate any applicable laws or regulations
- Infringe on intellectual property rights of others
- Send unsolicited commercial communications (spam)
- Harass, threaten, or defame any person
- Upload malicious code, viruses, or harmful content
- Attempt to gain unauthorized access to the Service or other systems
- Interfere with the proper functioning of the Service
- Scrape, crawl, or data mine the Service without permission
- Impersonate others or misrepresent your affiliation
- Create content that is illegal, harmful, or offensive
- Use the Service for any fraudulent or deceptive purpose
7. User Content
7.1 Ownership
You retain ownership of all content you create or upload to the Service, including videos, images, text, and prospect data ("User Content"). By using the Service, you grant us a limited license to store, process, and display your User Content solely to provide the Service.
7.2 Your Responsibilities
You are solely responsible for:
- The accuracy and legality of your User Content
- Obtaining necessary rights and permissions for content you upload
- Ensuring your use of prospect data complies with applicable data protection laws (GDPR, CCPA, CAN-SPAM, etc.)
- Obtaining consent where required for video personalization and outreach
7.3 Content Removal
We reserve the right to remove any User Content that violates these Terms or that we determine, in our sole discretion, is harmful, offensive, or inappropriate.
8. Intellectual Property
8.1 Our Intellectual Property
The Service, including its design, features, and content (excluding User Content), is owned by Pitchora and protected by intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of the Service without our written permission.
8.2 Feedback
If you provide feedback, suggestions, or ideas about the Service, you grant us a royalty-free, perpetual license to use and incorporate such feedback without obligation to you.
9. Third-Party Integrations
The Service integrates with third-party platforms (CRM systems, email providers, calendars). Your use of these integrations is subject to the respective third party's terms of service. We are not responsible for the availability, accuracy, or conduct of third-party services.
You authorize us to access and interact with connected third-party services on your behalf, within the scope of permissions you grant.
10. Service Availability
We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:
- Scheduled maintenance (we will provide advance notice when possible)
- Emergency repairs or updates
- Circumstances beyond our reasonable control
We are not liable for any loss or damage resulting from Service unavailability.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
- UNINTERRUPTED OR ERROR-FREE OPERATION
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PITCHORA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:
- ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, DATA, USE, OR GOODWILL
- DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT
- ANY MATTER BEYOND OUR REASONABLE CONTROL
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
13. Indemnification
You agree to indemnify and hold harmless Pitchora and its affiliates from any claims, damages, losses, or expenses (including legal fees) arising from:
- Your use of the Service
- Your User Content
- Your violation of these Terms
- Your violation of any third-party rights
- Your violation of applicable laws
14. Termination
You may terminate your account at any time through your account settings. We may suspend or terminate your access if you violate these Terms or engage in conduct we deem harmful to the Service or other users.
Upon termination:
- Your right to use the Service immediately ceases
- We may delete your User Content after a reasonable period
- Provisions that should survive termination will remain in effect (e.g., intellectual property, limitation of liability, indemnification)
15. Modifications to Terms
We may modify these Terms at any time. We will notify you of material changes by email or through the Service. Your continued use after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service.
16. Governing Law and Disputes
These Terms are governed by the laws of England and Wales. Any disputes arising from or related to these Terms or the Service shall be resolved through:
- Negotiation: We will first attempt to resolve any dispute through good-faith negotiation.
- Mediation: If negotiation fails, we may agree to mediation before pursuing other remedies.
- Courts: Either party may bring claims in the courts of England and Wales.
17. General Provisions
- Entire Agreement: These Terms constitute the entire agreement between you and Pitchora regarding the Service.
- Severability: If any provision is found unenforceable, the remaining provisions will continue in effect.
- Waiver: Failure to enforce any provision does not constitute a waiver of that provision.
- Assignment: You may not assign your rights under these Terms without our consent. We may assign our rights without restriction.
- Force Majeure: We are not liable for delays or failures due to circumstances beyond our reasonable control.
18. Contact Us
If you have questions about these Terms, please contact us: