PITCHANDMATCH SUBSCRIPTION AGREEMENT

By subscribing to PitchandMatch’s paid, premium Services (each, a “Subscription Service”), you (hereinafter referred to as “You” or the “User”) must review and agree to our Privacy Policy and Terms of Service, as well as the terms specific to paid subscriptions included in the present agreement (hereinafter referred to as the “Agreement”).

All conditions, rights and obligations laid out in the Terms of Service, in the Privacy and any Data Protection Agreement executed between You and PitchandMatch remain binding and enforceable under the present Agreement unless explicitly stated otherwise.

1. PAYMENT AND RENEWAL

By subscribing to a Subscription Service, you agree to pay PitchandMatch a fixed subscription fee (the “Subscription Fee”) for either monthly or annual periods (each, a “Subscription Term”) in exchange for the Subscription Services. The Subscription Fees for the Subscription Term will be invoiced by PitchandMatch and paid by the User at the time of subscription for the whole Subscription Term, by direct debit.

You may cancel your subscription or terminate your account at any time as provided for in article 3 hereunder, which cancellation or termination will take effect at the end of your Subscription Term. In the event that you cancel your subscription or terminate your account, you will not receive any refunds of any kind for the Subscription Fee already paid for the Subscription Term. Subscription Fee will remain fixed during the Subscription Term unless User subscribe to another Plan or request additional Seats.

PitchandMatch reserves the right, in its sole discretion, to change the payment terms and Subscription Fees upon twenty-one (21) calendar days’ prior written notice to User, which will be sent to the email address provided by User and maintained under User’s account.

The amount of Subscription Fee to be paid depending on the plan selected can be consulted on our pricing page.

The Subscription Service (and therefore the present Agreement) will be renewed automatically at the end of each Subscription Term, unless cancelled or terminated in the conditions laid out in article 3 hereunder.

By accepting the present Subscription Agreement, User grants to PitchandMatch an express mandate to proceed with the collection of Subscription Fees by direct debit at the end of each Subscription Term. You further authorize PitchandMatch to use a third party (e.g. Stripe, Revolut, PayPal, etc.) to process payments, and consent to the disclosure of your payment information to such third party.

All stated Subscription Fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Subscription Service. You shall have no liability for any taxes based upon our gross revenues or net income. If you are located outside of the European Union, all fees are exclusive of any VAT and you represent that you are registered for VAT purposes in your member state.

No one-sided offset or deduction from the Subscription Fees is allowed, under any circumstance.

You will keep your contact information, billing information and credit card information (where applicable) up to date. Changes may be made on the page “My Company Profile” within your PitchandMatch portal. All payment obligations are non-cancelable, and all amounts paid are non-refundable, except as specifically provided for in this Agreement.

For users based in Romania, Subscription Fees shall be invoiced and paid in RON. For users based outside of Romania, Subscription Fess shall be invoiced and paid in EUR (the exchange rate used by PitchandMatch being 1 EUR = 5 RON).

2. USE LICENSE

In addition to the licenses to the Services granted to you in the Terms of Service, subject to your complete and ongoing compliance with the Terms of Service and this Subscription Agreement, PitchandMatch grants you, solely for your personal use, a limited, worldwide, non-exclusive, non-transferable, non-sublicensable license to use the Platform features in the conditions indicated for the type of Subscription you purchased, as described on our pricing page.

3. RENEWAL AND END OF SUBSCRIPTION TERM

Unless you provide notice to PitchandMatch as set out below in this Section 3, or PitchandMatch otherwise notifies you in writing, this Agreement will automatically renew at the end of the Subscription Term (each, a “Renewal Subscription Term”). The Renewal Subscription Term shall be: (i) on the then-current terms and conditions of this Agreement, and (ii) subject to the renewal pricing provided for in an order form or, if not specified in an order form, on our standard pricing.

If you do not want your Subscription Service to automatically renew at the end of the Subscription Term, you may cancel your Subscription Service at any time from your account on the Platform or send the notice of non-renewal by email to contact@pitchandmatch.biz. Cancellation will prevent your Subscription Service from automatically renewing at the end of your Subscription Term, but will not impair your continued use of the Subscription Service for the Subscription Term.

Shall you not renew your Subscription Service, at the end of the Subscription Term you will immediately downgraded to the Discovery Plan (free plan to use PitchandMatch). Your available amount of Seats shall be automatically reduced to the number of Seats available under the Discovery Plan, all extra Seats being deleted (based on the antechronological order of creation but also on the Administrator status of the Account Managers). Extra Pitches open will also automatically be closed.

4. FEES DURING A BILLING PERIOD

The Subscription Fee will increase during a Billing Period if you change your subscription plan or subscribe to additional features for use during the Billing Period.

5. FORCE MAJEURE

If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under this Agreement (other than any obligation to make a payment), that obligation will be suspended for the duration of the Force Majeure Event, without liability of the defaulting Party.

A party that becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in that party performing any obligation under this Agreement, must:

(a) promptly notify the other Party; and

(b) inform the other of the period for which it is estimated that such failure or delay will continue.

A party whose performance of its obligations under this Agreement is affected by a Force Majeure Event must take reasonable steps to mitigate the effects of the Force Majeure Event. Force Majeure Events include, but are not limited to: power failure, internet service User failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.

6. SUBCONTRACTING

PitchandMatch may subcontract any of its obligations under this Agreement, providing that it gives to the User a written notice specifying the subcontracted obligations within a period of one month following the appointment of a subcontractor.