PitchandMatch.biz

PITCHANDMATCH’S TERMS OF SERVICE

Last updated on 2 May 2023

Please read these Terms of Service (hereinafter referred to as “Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using any element constituting the website www.pitchandmatch.biz and/or the Platform (as defined below), you declare having read and accepted to be bound by, without any reserve, these Terms as well as our Privacy Policy.

If you do not agree to all the Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you (hereinafter referred to as “User” or “You”) and Pitch and Match S.R.L. (hereinafter referred to as “PitchandMatch”), governing your access to and use of the Platform, including PitchandMatch’s website any subdomains thereof, as well as our mobile, tablet and other smart device applications (when available). If you do not agree to the Terms, please do not use the Platform. If you have any questions on the Terms or to report any bug, please contact Us at the following address: contact@pitchandmatch.biz.

The Service is available only to individuals who are at least 18 years old. By using any of the Service, you warrant that you are at least 18 years of age. If you are not at least 18 years old, you must immediately leave this site and cease further use of our Service.

1. DEFINITIONS

All words starting with a capital letter shall in these Terms shall have the meaning given hereunder, regardless of whether they appear in their singular or plural form:

“Account Managers” refers to User’s authorized employees, representatives or agents that are given access to use the Platform on behalf of User. Each Account Manager will have access to the Platform and use it on User’s behalf through a sub-account (named “Seat”) for which they will have their own Connection Credentials. Any Account Manager can be appointed by User as an Administrator of its Enterprise Portal.

“Administrator” refers to the Account Managers that are appointed by the User to have specific rights in the use of their account on the Platform, e.g. requesting additional seats, adding Account Managers for the User, defining the rights of User’s Account Managers, etc.

“Consultant” means any person, natural or legal (freelancer), represented by a Provider and linked to such Provider by a contract, who has the necessary expertise in order to perform IT-related services for Clients (on behalf of the Provider).

“Client” means any company registered on the Platform and using it in order to find Providers (and Consultants) to fill-in their needs for IT-related services, these needs being advertised in the form of Pitches.

“Company” (referred to as either, “We”, “Us”, “Our” or “PitchandMatch” in this Agreement), we refer to Pitch and Match SRL, a limited liability company incorporated under the Laws of Romania, having its registered address at Strada 11 Iunie 42, Et.1, Sector 4, Bucharest, Romania.

“Partnership Agreement” means the agreement to be signed between a Provider and PitchandMatch in case such Provider wants to register a Client as a Registered Client in order to be able to enter in discussions with such Client.

“Pitch” means any need for IT-related services (whether staff-augmentation or projected -based needs) posted by a Client on the Platform in order to find a Provider with the necessary expertise. A need can be a Public Pitch (potentially visible by all Providers registered on the Platform) or a Private Pitch (only visible by Client’s Preferred Providers).

“Platform” means PitchandMatch’s website, accessible at www.pitchandmatch.biz, and any subdomain thereof, as well as any related mobile application (when available).

“Preferred Providers” refers to the usual commercial partners of a User’s, that the latter has integrated on the Platform in order to interact with them through the Platform (i.e. the services providers that the User already work with and has not initiated a commercial relation with through the intermediation of PitchandMatch).

“Provider” means a legal entity (in this included their employees, representatives or agents) who register on the Platform in order to offer their services to prospective Clients by displaying their expertise and/or presenting Consultants having relevant education and professional experience in order to successfully carry out Clients’ projects.

“Seat” means a sub-account created on the Platform by an individual that aims at operating the main account of a User.

“Service” means the operation and the provision of the Platform (either through the Website or the Application) by the Company, which scope is to put in contact Providers and Clients to help said Clients find suitable Consultants for their Needs. In addition, the Company may assume a role of Customer Success Manager.

“Subscription Agreement” means the agreement that any Provider or Client needs to sign with PitchandMatch if it chooses to have a paid subscription (in order to unlock additional features or obtain additional Seats on the Platform). Such agreement will be complementary to the present Terms.

By “User” or “You”, hereinafter, we refer to every person, as an individual or as a legal person (through its employees, legal representatives or other agents), that accesses the Platform, whether a Client (and/or its Account Managers) or a Provider (and/or its Account Managers), or even a Consultant when applicable.

By “Website” we refer to the present website, accessible at the address: https://www.pitchandmatch.biz/

For the intended purpose of the present Agreement, unless explicitly mentioned otherwise:

- any reference to sections, articles, paragraphs or annexes shall be construed as a reference to the articles, paragraphs or annexes of the Agreement and the headings of the articles, paragraphs and annexes are for convenience of reference only and shall not affect their interpretation;

- any reference to a statutory or regulatory provision means a reference to a statutory or regulatory provision as in effect on the date hereof; and

- the plural form of a term or expression defined in the singular (and vice versa) will have the same meaning as that given in the definition concerned.

2. SERVICES AND ACCESS TO THE PLATFORM

The Platform is an online platform (“Website”), accessible at the address www.pitchandmatch.biz -and Pitch and Match is currently working to make it available as a mobile application (“Application”) - that enables companies with need for IT services to procure such services from Providers registered on the Platform. Therefore, the Platform serves as an intermediation tool to put in relation, through a simplified process, Clients who have a need for IT-related services (that advertise its needs on the Platform in the form of Public and/or Private Pitches Pitch), and Providers that have the necessary expertise and/or workforce in order to perform said services (to this end Providers will display their expertise and available Consultants on the Platform). As such, the Platform can also be used as an internal tool by User to manage its database of employees and commercial opportunities, as well as to enter in private discussions only with its regular commercial partners through the creation of “Private Pitches”.

The use of the Platform by a Provider or a Client will be operated by its Account Managers. Each Provider or Client can appoint several Account Managers as it deems necessary, among which there needs to be at least one Administrator. To access the Platform, each User must create a personal account, providing their email address and phone number and choosing a password (these elements being referred hereinafter as “Access Credentials”).

PithandMatch grants User, solely for its use, a personal, non-exclusive, non-transferable, non-sublicensable, subscription-based and terminable licence to access and use the Platform.

The licence granted by PitchandMatch to the User is subject to the following limitations:

a) The Enterprise Portal may only be used through a supported web browser (or the mobile application when available);

b) The Enterprise Portal may only be used by the User’s designated Account Manager.

User acknowledges that PitchandMatch will not provide any legal, financial, accountancy or taxation advice under this Agreement or in relation to the Service, nor will it invoice or handle payment on behalf of a User.

3. FREE AND PAID SUBSCRIPTION FOR THE SERVICES

These Terms are applicable to all Users of the Service, whether such use is free or under a paid subscription.

The initial free licence, named “Discovery”, only entails a limited number of Seats and private Pitches. Paid subscriptions provide for more extended number of Seats and Private Pitches as well as more features. All information about the content of the different types of packages available is accessible here. Users who subscribe to paid Service (hereinafter referred to as “Subscriber”) must also review and agree to the terms of our Subscription Agreement, available here, at the time of subscription and at the time of any subsequent subscription modification.

No one-sided offset or deduction from the amounts due by a User to PitchandMatch is allowed, whether such amounts are due under a Partnership Agreement or a Subscription Agreement.

4. MATCHING PROCESS

As mentioned above, some Users referred to as Clients will advertise their needs in the form of Private or Public Pitches. It is to be noted that posting for simple recruitment needs is only available under the form of Private Pitches.

Pitches shall contain all relevant information on the requirements expected from the Client. For Time and Materials Pitches, such information includes, but is not limited to, technologies expertise (type of technology and experience in the use of the technology) and language expected from the Consultant, location from where the services can be performed, dates of the project, Client’s budget. For Fixed-Price Pitches, such information includes, the type of solution sought by the Client and its budget.

To facilitate the creation of Pitches, PitchandMatch makes available to Clients specific tools and features allowing a User to automatically generate a Pitch from a dragged and dropped document and to automatically generate job descriptions.

Once a Pitch is created, PitchandMatch will review it and will validate, at its sole discretion, it if it considers it legitimate.

Once a Pitch is published on the Platform, only basic/generic information about it and about the relevant Client will be available to Providers (Client’s name might or not be displayed, but, in any case, information about, and contact details of, the Client’s Account Manager in charge of the Pitch management will not be displayed at this stage).

Providers will upload information regarding their expertise and available Consultants in order to reply to Client’s Pitches by sending offers. After information about a Consultant is uploaded on the Platform, PitchandMatch will send a notification (through SMS and/or mail) to such Consultant to invite them to access the Platform (in order to review and complete their information) and therefore accept the present Terms and the Privacy Policy.

In relation to Time & Materials Pitches, a matchmaking tool will also compare automatically Pitches’ requirements and Consultants’ information in order to notify Clients and Providers of a potential match between needs and available resources, based on several criteria.

Providers will also be able to manually submit an offer in reply to a Pitch (for Time and Materials Pitches this means sharing their relevant Consultants’ profiles).

In order to reply to a Client’s Public Pitch, Provider shall register such Client as a Registered Client (by clicking on the “Register Client” button), this will trigger the obligation for Provider to execute a Partnership Agreement with PitchandMatch. Such Partnership Agreement, when executed, will prevail in the relationship between PitchandMatch and Providers.

After Client receives an offer from a Provider (either submitted manually or through the matchmaking tool), Client and Provider can enter into discussions in order to plan an interview and more generally to potentially enter into a commercial relationship. Once the Partnership Agreement is signed, in case the negotiations are successful and Provider starts performing services for the Client, Provider will have to pay a success fee to PitchandMatch (in the conditions laid out in the Partnership Agreement).

It is the responsibility of both Clients and Providers to ensure that all information they upload on the platform is always up-to-date, relevant and accurate and to reply to their interlocutors in a timely manner in order to increase their chances of doing business.

The final decision of a Client to enter into a commercial agreement with a Provider is left to the sole discretion of such Client, therefore PitchandMatch can in no case and under no circumstance be held liable for any choice made by a Client and will not have to reimburse any fee paid by a Provider to submit an offer.

In case of successful negotiations between Provider and Client shall negotiate their own agreement and PitchandMatch will not be a party to such agreement. As a consequence, PitchandMatch is in no way responsible or accountable for any issue arising in the commercial relation between Provider and Client.

The Platform also allows Clients to share their needs, in the form of Private Pitches, only with providers with whom they already have a commercial relationship (referred to as their “Preferred Providers”), such possibility might be conditioned by the execution of a Subscription Agreement between User and PitchandMatch. However, communications and transactions performed on the Platform between a User and its duly registered Preferred Providers will not be subject to the conditions of any Partnership Agreement (such conditions being suspended for the relation between relevant User and Preferred Providers, from the moment, and as long as, Provider is duly registered as Preferred Provider).

The display and ranking of each Provider, Consultant or Client in search results on the Platform may vary and depend on a variety of factors, such as a User’s search parameters and preferences, requirements, price and availability, reviews and ratings, among others. PitchandMatch cannot be held liable for rankings considered low by Users.

5. USE OF THE PLATFORM, USER’S OBLIGATIONS

PitchandMatch will provide the Service to User pursuant to the terms and conditions laid out in these Terms, as well as in any additional agreement (Partnership Agreement and/or Subscription Agreement). PitchandMatch shall make reasonable efforts to make the Platform generally available for online access by the User on a 24 hours per day, 7 days per week basis. However, User acknowledges and accepts that PitchandMatch cannot guarantee a 100% availability and accessibility of the Platform at all time. PitchandMatch may from time to time temporarily suspend access to the Platform for the purposes of scheduled maintenance or improvement, without prior notice necessary. We cannot guarantee that the service will be fault-free. If a fault occurs in the service you should report it to contact@pitchandmatch.biz and we will attempt to correct the fault as soon as we reasonably can.

The Parties agree that PitchandMatch may make any change in the Service and the content of the Platform, that PitchandMatch determines in its sole discretion to be necessary and/or desirable including, without any limitation, changes in the Platform layout, data communications, User’s and Account Manager’s identification procedures, etc.

· Specific obligations for Providers and Clients:

All Providers and Clients registering on the Platform must provide accurate legal information when registering on the Platform. Based on this information, PitchandMatch will conduct a verification process in order to certify, as reasonably possible, that Provider or Client is a duly incorporated and existing company, having either real needs for IT-related projects or having the necessary expertise to provide such services, and compliant with applicable laws. However, this verification is not scientific and depends on the reliability and comprehensiveness of the information and documents provided by User, therefore, PitchandMatch cannot guarantee to other Users that the information is 100% accurate, complete, secure, etc. nor can it guarantee the seriousness and compliance of a User to applicable laws. PitchandMatch reserves the right to refuse, suspend or terminate, at its sole discretion, a User’s registration on the Platform if it has reasonable doubts about the accuracy of information provided by User or legitimacy of said registration.

Users agree that they bear all risks associated with using or relying on the Platform. Hence, PitchandMatch does not guarantee a successful engagement with any Provider or Client through the use of the Platform, nor does it guarantee the full suitability of a Provider or the availability of a Consultant.

In their use of the Service, Providers commit to provide accurate, honest and comprehensive information about their own expertise and their Consultants’, and Clients commits to provide timely and comprehensive feedback about offers received from Providers to their Pitches and about Consultants seen in interviews. Feedback only reflects the Client’s opinion and not PitchandMatch’s.

Providers and Clients commit to, and ensure that their Account Managers will, use the Platform in accordance with PitchandMatch’s generic data protection agreement, as long as they are not bound by a specific data protection agreement signed with PitchandMatch (in the frame of the Partnership Agreement for example).

· Specific obligations for Consultants:

Each Consultant is responsible to ensure their information is accurate, up-to-date, and sufficient to reflect their personal situation and work experience as it is necessary for the good provision of the Service. Consultants are advised to review or fill-in as accurately as possible fields regarding their availability for missions and for interviews in order to ease the process. In order for PitchandMatch to be able to ensure the best protection of Consultants’ Personal Data, Consultants who decide to upload their resume on the Platform should only upload an anonymized resume (i.e. not including information regarding Consultant’s name, address, contact details, birth date, etc.).

In any case, should a Consultant not accept Our Privacy Policy or withdraw their consent to it, PitchandMatch shall delete their Personal Data, or anonymize it, without any undue delay. More information is available in Our Privacy Policy.

Consultants are advised to check regularly their emails (including the spams folder).

Consultants are invited to report to personaldata@pitchandmatch.biz any doubt regarding a misuse of your personal information or of someone impersonating them.

· Specific obligations for all Users:

User hereby agrees and consents to the Terms and any other guidelines requests and rules set by PitchandMatch from time to time, in its reasonable discretion, in connection with User’s ongoing use of the Platform. In all its activities relating to its use of the Platform, User shall act, and cooperate with PitchandMatch, in good faith.

Users acknowledge that PitchandMatch has no general obligation to monitor Providers’ or Clients’ content nor to actively seek facts or circumstances indicating illegal activity, but has the right to review, disable access to, or edit any Provider’s or Client’s content, in order to (i) operate, secure and improve the security of the Platform (including without limitation for fraud prevention, risk assessment, investigation and User support purposes); (ii) ensure Provider’s or Client’s compliance with these Terms and other agreements signed in relation to the Services; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Provider’s or Client’s content that PitchandMatch considers to be harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist PitchandMatch in good faith, and to provide Us with such information and take such actions as may be reasonably requested by PitchandMatch with respect to any investigation undertaken by PitchandMatch or one of its representatives regarding the use or abuse of the Platform.

Please note that PitchandMatch reserves the right to not post, at its own discretion, a Pitch, or to remove one for any reason (e.g. lack of reactivity of the Client on the treatment of Provider’s offers received).

PitchandMatch shall not be submitted to any exclusivity obligation.

Users creating an account on behalf of a legal person warranty that they are said legal person’s representative, agent or employee, and that they have the full authority and power to do so and engage it.

Users commit not to use the Platform to solicit, or attempt to solicit, employees or collaborators of another User other than through the regular use of the Platform. PitchandMatch shall not be held liable for any acts of poaching/solicitation in relation to Users of the Platform.

It is strictly forbidden for Users to use any Personal Data received for another purpose than the scope of the Service and all Users should process any Consultants’ or Account Managers’ personal information with the utmost confidentiality, whether they provide it or receive it. It is strictly forbidden to forward or somehow make available Personal Data to any third party or unauthorized staff as well as storing Personal Data on other means than the Platform. More information is provided in our Privacy Policy and our generic data protection agreement.

In addition, User shall:

a) Ensure that it (and/or its Account Managers if any) keep its credentials confidential at whole time and take and maintain all reasonable security measures relating to Access Credentials. If some prohibited content is posted or any damageable action is performed under the account of a User, the User will be deemed liable of the damage caused.

b) Ensure that it (and/or its Account Managers) keep the content they have access to as strictly confidential;

c) Respect, and ensure that all of its Account Managers abide to, at all time, the Terms and the Privacy Policy (and any other agreement signed between User and PitchandMatch) in their use of the Platform;

d) Provide to PitchandMatch truthful and up-to-date data and documents to PitchandMatch, as necessary for the provision and invoicing of the Services;

e) Respect PitchandMatch’s and third parties’ Intellectual Property Rights;

f) Ensure that the content posted and information uploaded by it (and/or by its Account Managers) on the Platform is accurate, up-to-date, appropriate for the provision of the Services and lawful;

g) Timely pays all amounts due to PitchandMatch for its use of the Services (whether such amounts are due under a Partnership Agreement or a Subscription Agreement).

User shall NOT:

a) Transfer or sub-license its right to access and use the Platform to any person outside of its organization;

b) Permit any unauthorized person or program to access the Platform;

c) Scrape the content of the Platform;

d) Make any alteration, modification or customization of the Platform;

e) Create any API from or to the Platform without the express written approval of PitchandMatch;

f) Conduct or request that any other person conduct any load testing or penetration testing on the Platform;

g) Reproduce part or all of the Platform;

h) Use the Platform in any way that causes, or may cause, damage to the Platform or impair its availability or accessibility by other users;

i) Use the Platform in any way that mobilizes excessive Platform resources and which could create a material degradation of the services provided by PitchandMatch;

j) Use the Platform in any way that is illegal, fraudulent or harmful to PitchandMatch or a third person;

k) Impediment in any way the use of the Platform by other users;

l) Post illegal, unlawful, libelous or false content on the Platform;

m) Disseminate or execute any virus, worm, spyware, adware of other harmful software or programs;

n) create fake profiles, duplicate profiles or impersonate anyone.

Users will be held liable for the damages resulting from the infringement of their obligations and PitchandMatch will suspend or revoke their access to the Platform with no prior notice.

If Users have any question about the Platform or the Terms they should contact Us at contact@pitchandmatch.biz.

6. USER’S DATA

User hereby grants to PitchandMatch the right to copy, reproduce, store, export, adapt, edit and translate the User’s Data to the extent reasonably required for the performance of PitchandMatch’s Services and the exercise of PitchandMatch’s rights under this Agreement and share the User’s Data with its own providers or collaborators if needed for the development and maintenance of the Platform.

User grants to PitchandMatch the right to use User’s Data in an anonymized way in order to display on the Platform, as well as, in its promotional and marketing materials, statistical information about the market, the industry, the efficiency of the use of the Platform, etc.

The processing of User’s Personal Data is governed by Our Privacy Policy and our generic data processing agreement. We inform you that cookies may install themselves automatically on your browser when you access or visit the Platform. Through the settings of your browser you can refuse the installation of cookies.

7. IMPROVEMENT AND MAINTENANCE OF THE PLATFORM

PitchandMatch may from time to time temporarily suspend access to the Platform for the purposes of scheduled maintenance or improvement.

PitchandMatch shall give to User a 3 (three) calendar days’ prior written notice of scheduled maintenance that will, or is likely to, affect the availability or performance of the Platform.

8. PUBLICITY

User grants the right to PitchandMatch to use, in PitchandMatch’s online and offline promotional and marketing materials, User’s name, trademark and logo for commercial purposes, including joint-case studies, and in particular to display the User’s name and logo on the Platform and advertise the fact that the User is a user of the Platform. This authorization is given for the longest of the following two periods: (i) as long as User has an account on the Platform, (ii) until it is explicitly withdrawn by the Provider through a notification made to PitchandMatch.

9. INDEMNITY

User shall defend, indemnify and hold harmless PitchandMatch, its officers, directors, employees, sublicensees, clients and agents from and against any and all claims, losses, liabilities, damages, expenses, fines, taxes and costs (including attorneys’ fees and court costs) (a “Claim”) arising from or relating to: (i) any material breach of any representation, warranty or other provision of this Agreement by the User; (ii) any infringement by the User of any applicable law of any third-party intellectual property right; (iii) any personal injury or property damage caused by the gross negligence or willful misconduct of the User (including its employees, agents, representatives or subcontractors); or (iv) any claim filed by a User’s provider or commercial partner against PitchandMatch on the ground of an inexecution by the User of its obligations or of a breakdown of negotiation. PitchandMatch shall give User written notice of any such Claim. In no event shall User settle any such Claim without PitchandMatch’ prior written consent (which consent shall not be unreasonably withheld).

10. DISCLAIMER AND LIMITATION OF LIABILITY

USER UNDERSTANDS THAT THE PLATFORM IS PROVIDED BY PITCHANDMATCH “AS IS” AND THAT PITCHANDMATCH AND ITS LICENSORS AND SUPPLIERS HAVE NOT MADE ANY REPRESENTATION, AND HAVE EXPRESSLY DISCLAIMED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES OR REPRESENTATIONS OF EVERY KIND AND EVERY NATURE, EITHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE LICENSED MATERIALS AND ANY ANCILLARY RELATED PRODUCTS OR SERVICES, INCLUDING, WITHOUT ANY LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, USAGE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PITCHANDMATCH DOES NOT WARRANT THAT (I) THE LICENSED MATERIALS WILL MEET THE USER’S REQUIREMENTS, (II) THE PLATFORM WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS, OR DATA NOT PROVIDED BY PITCHANDMATCH, (III) THE OPERATION OF THE LICENSED MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, OR (IV) ALL ERRORS WILL BE CORRECTED.

PITCHANDMATCH SHALL NOT BE LIABLE TO, AND USER EXPRESSLY WIAVES ANY RIGHT TO SEEK INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES FROM PITCHANDMATCH OR FROM PITCHANDMATCH’S EMPLOYEES, LICENSORS, SUPPLIERS, AGENTS OR REPRESENTATIVES (HEREINAFTER REFERRED TO AS “PITCHANDMATCH’S PARTIES”), INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LOSS OF DATA, LOSS OF BUSINESS, REVENUE, PROFITS, ANTICIPATED SAVINGS OR GOODWILL, OR ANY ACT OR FAILURE TO ACT BY ANY OF PITCHANDMATCH’S PARTIES ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THE PERFORMANCE OF PITCHANDMATCH’S SERVICES, WHETHER SUCH CLAIMS ARE BASED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT IN ANY WAY LIMITING THE FOREGOING, PITCHANDMATCH’S TOTAL LIABILITY, INCLUDING THE LIABILITY OF ANY OF PITCHANDMATCH’S PARTIES, TO THE USER IN CONNECTION WITH THIS AGREEMENT FOR ANY AND ALL CAUSES OF ACTION OR CLAIMS OF EVERY KIND OR NATURE FOR, ARISING FROM, OR RELATING IN ANY MANNER TO, DIRECTLY OR INDIRECTLY, ANY ACTION OR FAILURE TO ACT BY ANY OF PITCHANDMATCH’S PARTIES INCLUDING, WITHOUT LIMITATION, CLAIMS FOR BREACH OF CONTRACT, NEGLIGENCE, FRAUD, AND INTERFERENCE WITH CONTRACTUAL RELATIONS, SHALL BE LIMITED TO THE LESSER OF (I) PROVEN DIRECT DAMAGES, OR (II) THE AGGREGATE AMOUNT OF PAYMENTS MADE BY CUSTOMER FOR THE AFFECTED SERVICE DURING THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE MONTH IN WHICH THE EVENTS GIVING RISE TO THE CLAIM OR CAUSE OF ACTION OCCURRED.

Nothing in these Terms will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this clause and elsewhere in these Terms:

(a) are subject to this clause; and

(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.

Neither PitchandMatch nor User shall be liable to the other party of any loss or corruption of any data, database or software, except in the case of an infringement of the User’s obligations.

Additionally, no representation or warranties is made that the Platform, its servers, the content, or e-mails sent from or on behalf of PitchandMatch are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to a party. IN THESE JURISDICTIONS, PITCHANDMATCH’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

11. AMENDMENTS

PitchandMatch may update these Terms and/or the Privacy Policy from time to time for legal or regulatory reasons or to allow the proper operation of the Platform. We also may revise these terms of use at any time by amending this page. Uers are expected to check this page from time to time to take notice of any changes PitchandMatch makes, as they are binding on them. If Users do not wish to accept the new Terms of Use they should not continue to use the Website. If Users continue to use the Website after the date on which the change comes into effect, their use of the Platform indicates their agreement to be bound by the new Terms.

The information on the Platform is regularly updated. All information displayed on the Platform can be modified or deleted by PitchandMatch at any time and without any prior notice.

12. INTELLECTUAL PROPERTY

The domain name “https://www.pitchanadmatch.biz” and all the creative content available on the Platform (designs, pictures, logos, media, texts, articles, videos, audios, translations, icons, graphs, and all information in general, …) are the sole and exclusive property of PitchandMatch, unless otherwise indicated, and are subject to copyright (or other intellectual property protection rights). Nothing in this Agreement shall operate to assign or transfer any Intellectual Property Rights from PitchandMatch to the User.

The present Terms, and other related agreements, as well as the public availability of our Platform, only constitute a limited authorization for the User to access and use the Platform. User may retrieve and display the content of the Platform on a computer screen or download and/or print a copy of such content for its own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.

The present Terms do not provide you with any implied or express license or any other right and you will have no right to make any reproduction, copy, distribution, modification, in part or in whole, identically or similarly, or any commercial use, of the Platform without PitchandMatch’s prior written consent. It is also strictly forbidden to create any by-product based on any element contained on the Platform.

PitchandMatch will take all necessary measures to protect its own intellectual property rights but will respond as well to notices of others’ intellectual property rights infringement. As a consequence, whenever you believe that your, or third parties’, intellectual property rights are being infringed on the Platform, you can notify us by email to contact@pitchandmatch.biz.

Other companies’ names, logos, trademarks or work protected by copyright might be visible on the Platform. Their use without the consent of their respective owner is prohibited as well.

The Platform may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

13. NO JOINT UNDERTAKING AND INDEPENDENT PROVIDERS

Neither the present Terms, nor any terms and conditions contained in any other contract passed between User and PitchandMatch in relation to the Platform, will be construed as creating a partnership, joint venture, principal/agent relationship, employer/employee relationship or franchise relationship between PitchandMatch and the User. The User agrees that it will act as an independent contractor and it will not hold itself out as a legal provider or representative of PitchandMatch, or attempt to bind PitchandMatch to any third-party agreement, without the express written prior approval of PitchandMatch.

14. GENERAL PROVISIONS

Severability. The terms and conditions of these Terms shall be deemed severable. If a particular term or provision of this Agreement is terminated or held by a court of competent jurisdiction to be invalid, illegal or unenforceable, this Agreement will remain in full force and effect as to the remaining provisions.

Waiver. No delay or omission by either party to exercise any right or power it has under this Agreement shall impair or be construed as a continuing or future waiver of such right or power. A waiver by any Party of any breach or covenant shall not be construed to be a waiver of any succeeding breach or any other covenant. All waivers must be in writing and signed by the Party waiving its rights.

Assignment. This Agreement and any rights or obligations hereunder, will not be assigned or sub-licensed by the User without prior written consent from PitchandMatch, provided that the User may assign or transfer this Agreement to a successor who purchases all or substantially all of the business of User, whether by merger, sale of stock, asset sale or other similar transaction or series of related transactions.

Disputes. The parties agree in good faith to use reasonable efforts to resolve any and all conflicts and controversies between them relating to the Terms informally and amicably between themselves before submitting any such matter for adjudication.

Governing Law and jurisdiction. These Terms shall be governed by and construed under the laws of Romania, without regard to principles of conflict of laws. The jurisdiction of Bucharest, Romania, shall have exclusive jurisdiction and venue to adjudicate any dispute arising out of this Agreement. Each Party hereto expressly consents to the personal jurisdiction and venue of such courts.