Terms Of Service | Pitch Patterns

Last updated: September 29, 2021

IMPORTANT, READ CAREFULLY:

THIS AGREEMENT IS BETWEEN SIA ASYA, A COMPANY REGISTERED IN LATVIA UNDER THE REGISTRY CODE: 40203171916, REGISTERED ADDRESS: PILS IELA 17, VENTSPILS, LATVIA, LV-3601 (“PITCH PATTERNS”) AND THE CLIENT OF PITCH PATTERNS SERVICES (THE “CLIENT”). TO THE EXTENT THERE IS A CONFLICT BETWEEN THESE TERMS AND CONDITIONS AND ANY ORDERS, CONFIRMATIONS ISSUED BY PITCH PATTERNS, ANY ADDENDUMS AND/OR AMENDMENTS THE CLIENT HAS AGREED TO WHILE USING PITCH PATTERNS SERVICES, THE TERMS OF CONTRACTS, ORDERS, CONFIRMATIONS, ADDENDUMS, AND/OR AMENDMENTS WILL GOVERN.

THESE TERMS AND CONDITIONS, PITCH PATTERNS PRIVACY POLICY, AN EXECUTED ORDER FOR SERVICES, CONFIRMATION ISSUED IN A MANNER CHOSEN BY PITCH PATTERNS, CONTRACTS, ADDENDUMS, AND/OR AMENDMENTS THE CLIENT HAS AGREED TO WHILE USING PITCH PATTERNS SERVICES AND ANY OTHER DOCUMENTATION OR AGREEMENTS INCORPORATED HEREIN BY REFERENCE (COLLECTIVELY “AGREEMENT”), CONTAIN THE TERMS AND CONDITIONS THAT GOVERN ACCESS TO AND USE OF SERVICES PROVIDED BY PITCH PATTERNS.

VALIDITY OF SUBSCRIPTION, USE OF, AND ACCESS TO THE SERVICE (AND ASSOCIATED SOFTWARE) (COLLECTIVELY, THE “SERVICE”) OF PITCH PATTERNS ARE CONDITIONED UPON COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS.

IT IS THE CLIENTS’ RESPONSIBILITY TO REVIEW THESE TERMS AND CONDITIONS THOROUGHLY BEFORE ACCEPTING.

BY CLICKING THE “I AGREE” BUTTON/BOX, ACCESSING THE PITCH PATTERNS WEBSITE, OR BY UTILIZING THE PITCH PATTERNS SERVICE THE CLIENT AGREES TO BE BOUND BY THE AGREEMENT AND ALL EXHIBITS, ORDER FORMS, AND INCORPORATED POLICIES. THE PITCH PATTERNS SERVICE IS NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE TERMS.

THE SERVICE
1. Pitch Patterns Services (“the Service”) analyzes recorded conversations (together with other information and data that customers make accessible to Pitch Patterns – the “Content“) with AI and marks good and bad behavior and emotions automatizing the call review process and showing how customers and participants of calls and conversations feel during the recorded event. Moreover, it offers the possibility to share the best practices with the whole team helping to build a self-coaching process.
2. Only parties that have been granted access to the Service by Pitch Patterns shall be eligible to use the Service. Experience and means of granting/receiving access to the Service may vary.
3. By paying the Fees set forth in the Order, and subject to compliance with the terms and conditions outlined in this Agreement, the Customer shall be entitled to access the Services elected in each Order for the Term (as further defined below). Pitch Patterns may make changes to the Service by providing notice to the Customer of such changes provided that no changes materially diminish the use of the Services.
4. After receiving access, the Customer or Pitch Patterns on Customers’ behalf will be able to add end-user accounts (“Permitted Users“) and to control or manage certain features of the Service. Permitted Users’ access to the Service may be limited. The Customer is responsible for actions taken by Permitted Users or by anyone using Customers’ accounts. Sharing passwords with third parties can result in the cancellation of a subscription without prior warning.
EVALUATION PERIOD
1. Pitch Patterns may make the Service or any part of it available on an evaluation basis until the earlier of (i) the end of the applicable evaluation period (ii) purchase of a Service subscription, or (iii) any termination of the evaluation period by Pitch Patterns for any reason, or no reason at all, by sending the Customer a termination notice with immediate effect.
DATA SECURITY
1. Pitch Patterns maintains reasonable physical and technical safeguards to prevent unauthorized disclosure of or access to the Content, in accordance with industry standards. Pitch Patterns will notify the Customer if Pitch Patterns becomes aware of unauthorized access to Content. Pitch Patterns will not access, view, or process the Content except (a) as provided for in this Agreement and in Pitch Patterns’ Privacy Policy (“Privacy Policy”); (b) as authorized or instructed by the Customer, (c) as required to perform Pitch Patterns’ obligations under this Agreement; or (d) as required by applicable law. Pitch Patterns has no other obligations with respect to the Content.
UNDERTAKINGS
1. The Customer assumes full responsibility for Customers’ and Permitted Users’ use of the Service in accordance with this Agreement. It is the Customers’ responsibility to follow, and ensure all Permitted Users follow any applicable local, state, federal, national, and international laws, regulations, and treaties. The Customer warrants that the Customer has obtained all rights to the Content (and any information within the Content) to authorize Pitch Patterns to input, store, process, transfer, analyze the Content and use it for research and development purposes in accordance with this Agreement and Pitch Patterns’ Privacy Policy.
2. The Customer ensures that the Customer and all Permitted Users will not use the Service or Content for any use or purpose that: (i) is obscene, libelous, blasphemous, defamatory, inciting hatred, terrorism or any similar offense; (ii) infringes or misappropriates the intellectual property rights or violates the privacy rights of any third party (including without limitation, copyright, trademark, patent, trade secret, or other intellectual property rights, moral right, or right of publicity); (iii) is in violation or may encourage any manner of acting that would violate any applicable local, state, national and foreign laws, treatises and regulations; or (iv) may drive or encourage any third party to do any of the above.
3. The Customer ensures that the Customer and Permitted Users will not: (i) use the Service for non-business calls or abuse the Service; (ii) resell, transfer, grant third-parties permission to use the Service, pledge, lease, rent, or share any rights under this Agreement (including without limitation to any of the Customers’ affiliates, unless expressly allowed by Pitch Patterns); (iii) modify, remove or amend Pitch Patterns’ name or logo, update, reproduce, duplicate, copy all or any part of the Service; (iv) make any of the Service or Content available to anyone other than the Customers’ employees and consultants for use for the Customers’ benefit as intended pursuant to this Agreement, or use any Service or Content for the benefit of anyone other than the Customer; (v) use the Service in any way that restricts or inhibits the use of the Service; (vi) access or attempt to access any of Pitch Patterns systems, programs or data that are not made available to the Customer or for public use, or attempt to bypass any registration processes on the Service or any of the Service’s security and traffic management devices; or (vii) attempt to decompile, disassemble, re-engineer or reverse engineer the Service or otherwise create or attempt to create or permit, allow, or assist others to extract source code of the Service, its structural framework or allow or facilitate a third party, to violate or infringe any rights of Pitch Patterns’ or others or Pitch Patterns policies or the operational or security mechanisms of the Service.
4. When using the Service in conjunction with other third-party services, the Customer shall comply with the terms of service of such third-party services. Pitch Patterns shall not be liable for any termination, breach of terms, or suspension of service resulting from the Customers’ use of the Service.
5. The Customer and Permitted User may not access or use the Service if the Customer/Permitted User is or directly or indirectly represents a direct competitor of Pitch Patterns, or for monitoring the Service’s availability, performance or functionality, or for any other benchmarking or competitive purposes.
SUBSCRIPTION FEES
1. In consideration for the right to use the Service under the terms herein, the Customer will pay subscription fees (the “Subscription Fees”) if a paid subscription is required by Pitch Patterns to access the Service. The Customer agrees that in the event Pitch Patterns is unable to collect the Subscription Fees owed to Pitch Patterns for the Service, Pitch Patterns may take any other steps it deems necessary to collect such fees from the Customer and that the Customer will be responsible for all costs and expenses incurred by Pitch Patterns in connection with such collection activity, including collection fees, court costs and attorneys’ fees.
2. Pitch Patterns reserves the right to modify the price for any Subscriptions, including recurring subscription fees and the Pre-Paid Period (for periods not yet paid), from time to time and will communicate any price changes to the Customer in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, the Customer accepts the new price by continuing to use the Service after the price change takes effect. If the Customer does not agree with a price change, the Customer has the right to reject the change by unsubscribing from the Subscription prior to the price change going into effect.
PROPRIETARY RIGHTS; SUBMISSIONS
1. The Customer acknowledges and agrees that any questions, comments, suggestions, ideas, feedback, or other information ("Submissions") provided by the Customer to Pitch Patterns are non-confidential and shall become Pitch Patterns’ sole property. Pitch Patterns shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to the Customer. The Customer hereby waives all his/her rights to any such Submissions and hereby warrants that any such Submissions are original with the Customer or that he/she has the right to submit such Submissions. The Customer agrees there shall be no recourse against Pitch Patterns for any alleged or actual infringement or misappropriation of any proprietary right in any Submissions.
2. All parts of the Service are protected by copyrights, trademarks, service marks, patents or other proprietary rights, as a collective work or compilation, pursuant to laws and international conventions. Except for the Customers’ Content, all rights to the Service are retained by Pitch Patterns. In addition, Pitch Patterns retains all rights to aggregated and anonymous data derived from use of the Service, with the understanding that such data will not be identifiable as belonging to the Customer.
3. Pitch Patterns makes no claim of ownership as to the Customers’ Content, the trademarks of any third party linked or displayed on the Service, or with respect to any publisher or publication mentioned on the Service.
USER DATA
1. The Customer asserts that any data the Customer sends to Pitch Patterns directly, through an intermediary or a third-party service, as well as contents of any information, was obtained and processed lawfully, according to the relevant laws and regulations and the Agreement. It is the Customers’ responsibility to review any recordings or information for confidential, sensitive, or personal data, before sending it to Pitch Patterns.
2. Pitch Patterns maintains certain data that the Customer transmits through the Service for scientific research, managing and improving the Service, providing the Customer with certain functions of the Service, as well as data relating to the Customers’ use of the Service. The Customer agrees that Pitch Patterns shall have no liability to the Customer for any loss or corruption of any such data, and the Customer hereby waives any right of action against Pitch Patterns arising from any such loss or corruption of such data. See Pitch Patterns Privacy Policy regarding Pitch Patterns processing of personal data. By using the Service the Customer has agreed to Pitch Patterns Privacy Policy, which is part of the Agreement.
LINKS TO OTHER WEBSITES AND APPLICATIONS
1. The Service may contain links and references to websites and applications of third parties. Pitch Patterns may at Pitch Patterns sole discretion, add or remove links and references. Pitch Patterns has no control over these third-party websites and applications, Pitch Patterns does not endorse, sponsor or confirm their content unless expressly stated and Pitch Patterns is not responsible or liable for any communication or transaction that the Customer makes with any third parties.
WARRANTIES; DISCLAIMER
1. The Customer understands and agrees that the Service is a part of ongoing research and is subject to changes and improvements, therefore Pitch Patterns disclaims all warranties of any kind. Pitch Patterns makes no warranty or representation regarding the results that may be obtained from the use of the Service, regarding the accuracy or reliability of any information obtained through the Service or that the Service will meet any requirements, or be completely uninterrupted, timely, secure or error-free. Use of the Service is at the Customers’ sole risk. Any material and/or data obtained through the use of the Service is at the Customers’ discretion and risk. The Customer will be solely responsible for any damage to the Customer resulting from the use of the Service. The entire risk arising out of the use or performance of the Service remains with the Customer. Pitch Patterns does not assume any responsibility for the retention of any user information or communications between users. Pitch Patterns cannot guarantee and does not promise any specific results from the use of the Service. Use is at your own risk.
2. Both parties represent, warrant, and covenant to the other that: (a) it has the full corporate right, power, and authority to enter into and perform this Agreement, and such execution and performance will not violate any other agreement to which it is a party, and (b) this Agreement constitutes its legal, valid and binding obligation.
3. The Service, when used in accordance with this Agreement and directions provided by Pitch Patterns, will perform as specified in Section 1 above. The Customers’ sole and exclusive remedy under such warranty shall be for Pitch Patterns to use commercially reasonable efforts to correct or to repair the affected Service at Pitch Patterns sole discretion. The warranty is conditioned upon the Customer notifying Pitch Patterns in writing within 5 working days of discovery of any alleged defect in the Service together with a documented example of such defect. In case Pitch Patterns requires access to any data in order to analyze and fix a defect or an error, or provide technical support, by asking or allowing Pitch Patterns to perform a task, the Customer grants Pitch Patterns the necessary rights to access any relevant data the Customer provides or has provided to Pitch Patterns as well as any necessary rights to perform the tasks required. This warranty shall not apply to any portion of the Service that (a) have been subject to abuse or misuse, (b) is used in combination with any other products, process, equipment or software not furnished by Pitch Patterns, (c) is related to a virus, worms and the like that has not been introduced by Pitch Patterns, or (d) was used without authorization.
PRIVACY AND OTHER POLICIES
1. Use of the Service is also subject to Privacy Policy. The Privacy Policy and all policies are incorporated into this Agreement by this reference. Additionally, the Customer understands and agrees that in order to fulfill any obligations Pitch Patterns may contact the Customer via e-mail or otherwise with information relevant to the use of the Service, regardless of whether the Customer has opted out of receiving marketing communications or notices.
CONFIDENTIALITY
1. "Confidential Information" shall mean the Tools, any content, Analytics Data, and Service and all other information disclosed to the Customer that Pitch Patterns characterizes as confidential at the time of its disclosure, or that reasonably ought to be understood by the Customer as confidential, except for information which the Customer can demonstrate: (a) is previously rightfully known to the Customer without restriction on disclosure; (b) is or becomes, from no act or failure to act on the Customers’ part, generally known in the relevant industry or public domain; (c) is disclosed to the Customer by a third party as a matter of right and without restriction on disclosure; or (d) is independently developed by the Customer without access to the Confidential Information.
2. The Customer shall use best efforts and any means necessary to preserve and protect the confidentiality of the Confidential Information at all times, both during the term hereof and for at least 3 years after termination of the Agreement. The Customer will not disclose Confidential Information except to employees and agents who need to know it and have agreed in writing to keep it confidential; only those parties may use the Confidential Information, and only to exercise The Customers’ rights and fulfill The Customers’ obligations under these Terms, while using at least a reasonable degree of care to protect it.
3. The Customer shall not use any Confidential Information other than in the course of the activities permitted hereunder. The Customer shall notify Pitch Patterns in writing immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of these Terms, and the Customer will cooperate with Pitch Patterns in every reasonable way to regain possession of Confidential Information and prevent any further unauthorized use. If the Customer is legally compelled to disclose any of the Confidential Information, the Customer shall disclose the Confidential Information only to the extent necessary to comply with the applicable legal requirements. Before such disclosure, the Customer shall immediately notify Pitch Patterns.
TERM AND TERMINATION
1. This Agreement is effective on the date of Order/Confirmation and will continue for the term provided in the Order/Confirmation (“Initial Term”). After the Initial Term, the Term and the Agreement shall automatically renew as provided in the Order/Confirmation. The Initial Term and any Renewal Term shall be collectively known as the “Term.”
2. Without limiting any other provision of this Agreement, Pitch Patterns reserves the right to, at Pitch Patterns sole discretion and without notice or liability, deny access to and use of the Service (including blocking certain IP addresses), to any person for any reason or no reason, including without limitation for breach of any representation, warranty, or covenant contained in this Agreement or of any applicable law or regulation. Pitch Patterns may delete any account and any Content at any time, without warning, at Pitch Patterns' sole discretion.
3. Either party may terminate this Agreement if the other party (i) has breached this Agreement, or (ii) becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors.
4. Upon termination or expiration of this Agreement; (a) the Customer will cease use of the Service and all rights granted to the Customer under this Agreement will terminate; (b) upon written request, Pitch Patterns will make the Customer’s recorded calls available for download, or export within 30 days following such termination. Thereafter, Pitch Patterns will be under no obligation to maintain any Content, or make any data available to the Customer; Pitch Patterns may delete any Content.
LIMITATION OF LIABILITY
1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PITCH PATTERNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES, LOST DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER FOR BREACH OF CONTRACT, WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE AND IRRESPECTIVE OF WHETHER THE EITHER PARTY HAS ADVISED OR BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. IN NO EVENT WILL EITHER PARTY’S LIABILITY TO THE OTHER HEREUNDER EXCEED AMOUNTS PAID OR PAYABLE BY THE CUSTOMER HEREUNDER. THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL NOT APPLY TO: (i) ANY INFRINGEMENT OR MISAPPROPRIATION BY A PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, OR (ii) INDEMNITY OBLIGATIONS UNDER THIS AGREEMENT.
LIMITATION OF CLAIMS
1. Any claim or cause of action arising out of or related to use of the Service or to the Agreement must be filed within two years after such claim or cause of action arose, or be forever barred.
INDEMNIFICATION
1. The Customer will indemnify and defend Pitch Patterns, Pitch Patterns directors, officers, and employees from and against all taxes, losses, damages, liabilities, costs, and expenses, including attorneys’ fees and other legal expenses (“Claims”), incurred by Pitch Patterns in connection with any actual or threatened third-party Claim arising directly or indirectly from Pitch Patterns use or hosting of Customers’ Content in accordance with this Agreement or breach of the warranties set out under Section 9.2. of this Agreement.
2. Pitch Patterns will indemnify and defend the Customer and its directors, officers, and employees from and against all Claims incurred by the Customer to the extent that the Claims arise out of Pitch Patterns infringement, misuse or misappropriation of any third party IP rights. The indemnified party must: (i) give the indemnifying party prompt written notice of the claim; (ii) cede full and complete control over the defense and settlement of the claim to the indemnifying party; (iii) provide assistance in connection with the defense and settlement of the claim as the indemnifying party may reasonably request; and (iv) comply with any settlement or court order made in connection with the claim.
3. As a condition to such indemnification each of the parties will provide the other with written notice of such claim. Neither party will enter into any settlement or compromise of any such claim without the indemnifying party`s prior written consent. The indemnifying party may assume the exclusive defense and control of any matter subject to indemnification. In all events, each of the parties will cooperate with the other in the defense of any claim.
COPYRIGHT PROTECTION
1. In case the Customer or a third party believes any content submitted to and hosted on the Service infringes copyrights, they shall submit a notification by providing the Pitch Patterns with the following information in writing (“Notice”):
  1. sufficient details to enable identification of the copyrighted work that has been allegedly infringed, if multiple copyrighted works are claimed to be infringed, a representative list of such works;
  2. a description of where the content is located on the Service;
  3. contact information;
  4. a statement that notice is submitted in good faith and the belief that the use of the content identified in the Notice is not authorized by the copyright owner, its agent, or the law;
  5. a statement, that the information in the Notice is accurate and that submitter is authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
2. Following receipt of Notice, Pitch Patterns will take whatever action as Pitch Patterns deems appropriate, including removal of the challenged content from the Service. Pitch Patterns may ask to provide further or supplemental information, before removing any content, as Pitch Patterns deems necessary to comply with the relevant laws and regulations. It is Pitch Patterns policy to respond only to Notices of alleged infringement that comply with the provisions of this section.
GOVERNING LAW
1. This Agreement will be governed by laws and regulations of the Republic of Latvia and the European Union.
FORCE MAJEURE
1. Neither party will be deemed to be in breach of this Agreement for any failure caused by reasons beyond a party’s reasonable control (including without limitation acts of God, war, or civil disturbance), and it will notify the other party as soon as possible.
GENERAL
1. This Agreement has been prepared in the English language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes.
2. The Customer and Pitch Patterns are independent contractors with respect to each other, and nothing in this Agreement will be construed as creating a partnership, agency, fiduciary, or employment relationship or a joint venture between the Customer and Pitch Patterns.
3. If any provision of this Agreement is held to be contrary to law, such provision will be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect.
4. The section titles in this Agreement are solely for convenience and have no legal or contractual significance. No provision of the Agreement will be construed against Pitch Patterns but rather will be construed in a neutral manner as terms entered into by a fully informed party voluntarily after the opportunity to confer with advisors and legal counsel about the meaning and effects of the terms of this Agreement.
5. All modifications to any term of this Agreement must be in a writing signed by both parties and expressly reference this Agreement.
6. Pitch Patterns suppliers are beneficiaries of the limitations, obligations, and restrictions contained in this Agreement that are protective of Pitch Patterns or the Service.
7. This Agreement, and any rights granted hereunder, may not be transferred or assigned by a party, except to a successor of all or substantially all of its business or assets (by merger or otherwise), unless agreed otherwise.

SIA “Asya”, reg.No. 40203171916, Pils iela 17, Ventspils, Latvia, LV-3601, policies@PitchPatterns.com

Legal Terms

Pitch Patterns