Terms of Service

‍Last Updated: 09/09/2024

‍1. Introduction and Acceptance of Terms

‍1.1 By accessing, using, or subscribing to services ("Services") provided by PodPitch, LLC. ("PodPitch", "we", "our", or "us"), including those available via PodPitch.com or MagicPitch.com, you ("Customer", "User", "you", "your") agree to be bound by these Terms of Service ("Terms").
1.2 If you do not agree to these Terms, you must discontinue use immediately.
1.3 PodPitch’s Privacy Policy is incorporated into these Terms by reference and governs the handling of data.
2. Definitions
‍2.1 "Services" refers to the subscription services provided by PodPitch LLC.
2.2 "Documentation" refers to all materials describing the services and instructions for their use.
2.3 "Authorized Users" are individuals authorized by the Customer to use the Services.
2.4 "Customer Data" refers to all data inputted by you or Authorized Users.
2.5 "Active Spokespeople Seats" refers to subscription profiles authorized to use the Services.
2.6 "Confidential Information" refers to non-public information that should reasonably be understood as confidential.
3. Service Description and Modifications
‍3.1 PodPitch provides a multifaceted service including automatic pitching, scheduling, and content preparation for podcast appearances.
3.2 Services may be modified, suspended, or discontinued at any time without notice, though we strive to provide advance notification when feasible.
4. Active Spokespeople Seats
‍4.1 You are granted a non-exclusive, non-transferable right to use the Services and Documentation through designated Active Spokespeople Seats.
4.2 You may adjust the number of Active Spokespeople Seats at any time via the platform.
4.3 You may change which profile is “active” in an Active Spokesperson Seat up to one time per month.
5. Fees and Payments
‍5.1 Subscription fees are based on the number of Active Spokespeople Seats selected at checkout.
5.2 You will be billed monthly. Accepted payment methods include credit card and ACH.
5.3 Late payments will incur interest of 5% per month. Failure to pay within 5 days after the due date may result in suspension of services.
5.4 All purchases are final and non-refundable, except as required by law.
6. Customer Data
‍6.1 You retain ownership of all Customer Data.
6.2 PodPitch has the right to use anonymized Customer Data for improving the Services.
7. No Guarantee of Results
‍PodPitch does not provide any guarantees about the number, frequency, or quality of podcast appearances or results. Any success or performance metrics shared by PodPitch are for informational purposes only and are not guaranteed outcomes.
8. Support Services
‍8.1 PodPitch provides support during Normal Business Hours, defined as 9 AM to 5 PM (NYC time) on weekdays, excluding holidays.
8.2 Support may be suspended if payments are late by more than 3 days.
9. Data Security and Privacy
‍9.1 PodPitch employs industry-standard encryption to protect Customer Data.
9.2 We comply with applicable data protection laws, including GDPR and CCPA.
10. Intellectual Property and Proprietary Rights
‍10.1 PodPitch retains ownership of the Services, Documentation, and any improvements developed during the agreement term.
10.2 You retain ownership of content generated using the Services, subject to these Terms.
11. Termination
‍11.1 Either party may terminate this agreement with 30 days’ written notice.
11.2 Immediate termination is possible in the event of breach or insolvency.
11.3 Upon termination, all rights and obligations will be extinguished except those that should survive, such as confidentiality and intellectual property provisions.
12. Limitation of Liability
‍12.1 PodPitch’s total liability for direct damages will not exceed the amount paid by you in the 12 months preceding the claim.
12.2 PodPitch will not be liable for any indirect, consequential, or incidental damages, including but not limited to loss of profits, data, or business interruption.
12.3 PodPitch is not liable for any claims, damages, or losses arising from the use or misuse of content generated by you. You are solely responsible for ensuring that any content generated complies with all applicable laws and regulations.
12.4 This limitation applies to all claims in contract, tort, or otherwise, including any claims related to data breaches, intellectual property infringement, or service interruptions, except where restricted by applicable law.
13. Indemnification
‍13.1 You agree to indemnify, defend, and hold harmless PodPitch LLC, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms, misuse of the Services, intellectual property infringement, data breaches, or violation of applicable laws by you or your Authorized Users.
13.2 You agree to cooperate fully in the defense of any claim asserted against PodPitch as a result of your actions or use of the Services. PodPitch reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
14. Confidentiality
‍14.1 Both parties agree to protect each other’s Confidential Information.
14.2 Confidentiality obligations survive for two years following termination of the agreement.
15. Force Majeure
‍Neither party is liable for failure to perform due to circumstances beyond reasonable control, including natural disasters, war, or internet failures. The affected party must notify the other party as soon as practicable after such an event.
16. Dispute Resolution and Arbitration
‍16.1 Any disputes will be resolved through binding arbitration in New York City.
16.2 Arbitration will be conducted in English, with the decision being final and binding.
17. Non-Disparagement
‍17.1 You agree not to make any statements, written or verbal, or cause or encourage others to make any statements, written or verbal, that defame, disparage, or in any way criticize the personal or business reputation, practices, or conduct of PodPitch, its employees, directors, and officers. This prohibition extends to statements made in any manner or medium, including, without limitation, social media platforms, forums, blogs, and other online or offline channels.
17.2 Breach of this non-disparagement clause is considered a material breach of these Terms, and PodPitch reserves the right to terminate your access to the Services.
17.3 Damages for breach may be difficult to quantify; therefore, upon any such breach or threat, PodPitch shall be entitled to seek injunctive relief, in addition to other legal remedies.
18. Beta Services
‍PodPitch may offer Beta Services that are experimental in nature and not subject to guarantees regarding performance or availability.
19. Feedback
‍Any feedback you provide to PodPitch is voluntary, and you agree that PodPitch may use such feedback without obligation to you.
20. Assignment and Delegation
‍20.1 You may not assign your rights under these Terms without prior written consent.
20.2 PodPitch may assign its rights at any time without notice.
21. External Links and Third-Party Interactions
‍21.1 The Services may include links to third-party websites, for which PodPitch is not responsible.
22. Audit Rights
‍PodPitch reserves the right to audit your use of the Services to ensure compliance with these Terms.
23. General Terms
‍23.1 No Waiver: Any waiver of rights under these terms must be in writing and signed by both parties.
23.2 Severability: If any provision is found unlawful, other provisions remain in effect.
23.3 Entire Agreement: These terms constitute the entire agreement between you and PodPitch LLC, superseding all prior agreements.
23.4 Governing Law: These terms are governed by the laws of New York, with exclusive jurisdiction in New York courts.
24. Content Generation Disclaimers and Liability
‍24.1 PodPitch provides tools for content generation but does not guarantee the legality, accuracy, or reliability of the content generated by you.
24.2 You are solely responsible for ensuring that any content generated complies with all applicable laws and regulations.
24.3 PodPitch is not liable for any claims, damages, or losses arising from the use or misuse of generated content.
24.4 You agree to indemnify and hold harmless PodPitch LLC from any claims, damages, or expenses arising from or related to content generated using the Services.
24.5 PodPitch retains all rights to the algorithms, methodologies, and software used for content generation, while you retain ownership of the generated content, subject to compliance with these terms.

25. Cap on Damages
‍PodPitch LLC’s total liability for all claims arising out of or relating to these Terms or the Services provided, including direct, indirect, incidental, consequential, or special damages, shall not exceed the lesser of $100,000 or the total amount paid by the Customer in the 12 months preceding the claim.This limitation of liability applies to all legal theories of recovery, including but not limited to contract, tort, negligence, and strict liability.
‍26. Disclaimer of Third-Party Liability
‍PodPitch LLC expressly disclaims any liability for any disruptions, issues, or damages caused by third-party tools, platforms, or services that integrate with PodPitch. This includes, but is not limited to, third-party calendar applications, email services, APIs, and external databases. PodPitch does not guarantee the reliability, functionality, or availability of any third-party services, and customers use them at their own risk.
‍27. Customer’s Legal Compliance Obligation
‍Customers are solely responsible for ensuring that their use of the Services complies with all applicable local, state, national, and international laws and regulations, including but not limited to laws regarding privacy, intellectual property, and marketing communications (e.g., CAN-SPAM, GDPR, CCPA).PodPitch is not liable for any claims, penalties, or damages arising from customers' failure to comply with such laws.
‍28. Termination for Convenience
‍PodPitch LLC reserves the right to terminate any user account at its sole discretion for any reason or for no reason, upon 30 days' written notice.Termination for convenience does not affect the customer's obligation to pay any outstanding fees, and any prepaid amounts for Services not yet rendered will be refunded on a pro-rated basis.
‍29. Retaining Anonymized Customer Data After Termination
‍PodPitch LLC reserves the right to retain anonymized Customer Data after the termination of the Services for legitimate business purposes, including but not limited to, service improvement, performance analysis, and research.Customer Data will be anonymized in such a way that individual users are not identifiable, and such data will no longer be linked to any personal information.
‍30. No Warranty for External Tools or Platforms
‍PodPitch LLC makes no warranties regarding the compatibility, availability, or functionality of third-party tools, APIs, or external platforms that integrate with PodPitch’s Services.Customers use such external tools at their own risk, and PodPitch disclaims any liability arising from issues or disruptions related to those tools.
‍31. Customer’s Obligation to Mitigate Damages
‍In the event of any issue, breach, or dispute arising from the use of the Services, the Customer agrees to take reasonable steps to mitigate any damages suffered.Failure to mitigate damages may limit the Customer's right to claim compensation or pursue legal remedies.
‍32. Robust Audit Rights for Compliance
‍PodPitch LLC reserves the right to audit the Customer’s use of the Services at any time to ensure compliance with these Terms.Such audits may be conducted by PodPitch or by third-party auditors chosen by PodPitch. The Customer agrees to cooperate fully with any such audits.If any audit reveals non-compliance, the Customer may be liable for any damages, additional fees, or penalties resulting from such non-compliance.
‍33. Advance Payment Requirement for Disputed Amounts
‍In the event of a billing dispute, the Customer is required to pay the full disputed amount upfront while the dispute is being resolved.If the dispute is resolved in favor of the Customer, PodPitch will refund any overpaid amounts. Failure to pay the disputed amount upfront may result in the suspension of Services.
‍34. Clear Post-Termination Obligations
‍Upon termination of the Services for any reason, the Customer agrees to:Immediately cease use of all Services and return or destroy any proprietary or confidential information belonging to PodPitch.Delete or destroy any software, tools, or materials provided by PodPitch that remain in the Customer’s possession or control.Ensure that all Authorized Users cease accessing the Services.Any failure to comply with these obligations may result in legal action or other remedies available to PodPitch under these Terms.
‍35. Broader Warranty Disclaimers for Features and Availability
‍The Services are provided "as is" and "as available," without any warranties of any kind, either express or implied. PodPitch expressly disclaims any warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of the course of dealing or usage of trade.PodPitch does not warrant that the Services will meet the Customer’s requirements, that the Services will be uninterrupted or error-free, or that any defects or errors will be corrected.
‍36. Prohibition of Scraping and Data Mining
‍Customers are strictly prohibited from scraping, crawling, or otherwise extracting data from PodPitch’s databases, website, software, or any related tools without the express written consent of PodPitch LLC.This includes, but is not limited to, the use of automated systems (such as bots or scripts) to access, retrieve, or mine data. Any such actions are a violation of these Terms and will result in immediate termination of Services and potential legal action.
37. Enforcement of Scraping ProhibitionPodPitch LLC will actively monitor for any unauthorized scraping, crawling, or data mining activity.If such activity is detected, PodPitch reserves the right to:Immediately suspend or terminate the offending user’s account.Seek injunctive relief and pursue legal remedies to recover damages resulting from the unauthorized access and misuse of data.Charge the Customer for the value of the data extracted, plus any associated costs incurred by PodPitch to remedy the violation.PodPitch will also cooperate with authorities to prosecute any individuals or entities engaging in scraping or data mining in violation of these Terms.
‍38. Governing Law and Venue for Enforcement of Scraping ProvisionsAny claims or disputes arising out of violations of the prohibition against scraping or data mining will be governed by the laws of the State of New York and will be adjudicated exclusively in the courts located in New York City, New York.
‍39. Survival of Scraping and Data Mining ProvisionsThe provisions related to scraping and data mining shall survive termination of these Terms and remain enforceable indefinitely, regardless of the status of the Customer’s account.
‍40. Severability of Scraping Provisions
‍If any provision related to the prohibition of scraping or data mining is found to be unlawful or unenforceable, it shall be severed from these Terms, and the remaining provisions shall continue to be enforceable to the fullest extent permitted by law.

41. Acceptance of Terms
‍By accessing and/or using the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service. If you do not agree to these terms, you must discontinue use immediately.