Terms of Service

OPENPITCH TERMS OF USE

Last Updated: July 21, 2023

These Terms and Conditions of Use (“Terms”) constitute a binding legal agreement between you (“Customer” or “You”) OpenPitch, Inc. (collectively, "OpenPitch," “Us,” “Our,” or “We”). These Terms govern your use of the OpenPitch website or applications, however accessed, and any other websites, mobile or other device applications, including all related documentation and materials (collectively, the “Services”).

These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.

For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity (including any user, as defined below), and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

  1. Who May Use the Services

You must be 18 years of age or older to use the Services. By using the Services, you represent and warrant that you meet these requirements.

  1. Account Creation, User Permissions, and Roles

    1. Creating and Safeguarding your Account. To use the Services you will need to create an account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. You can access, edit, and update your Account via email. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at hello@openpitch.com if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account.

    2. Authorized Users. The functionality of the Services includes accessing, analyzing and providing reports and insights into the data from the accounts of companies or other entities (each such company or entity, a “Customer”). Customer is responsible for designating authorized users of each user type (as described below) that may access information about Customer through the Services, determining the scope of the access, and issuing access credentials to such authorized users. Customer agrees that the Company is not responsible for such authorized users’ use of any information accessed through the Services.

    3. Account Types. The Services provide access to two types of accounts:

      1. “Companies,” who are representatives of a Company (e.g., Founder, CEO, CFO) authorized to access information about their company through the Services. They can add or remove bank accounts, create/modify updates, and set and modify the preferences of the Services on behalf of their Company. Within the company, there may be additional users, or “Company Team Members,” who have limited access as defined by the Company Admin.

      2. “Investment Groups,” who are the primary paying users of the Services. These groups invite Companies to use the product, thereby inviting them to their portfolio. They can access certain financial and non-financial information about the Companies they have invited, based on the permissions set by the Companies. Within the Investment Group, there may be additional users, or "Group Team Members," who have limited access as defined by the Investment Group.

    4. Account Permissions. In order to use our Services, Customers connect their bank and financial accounts through our partner, Plaid. Customers input their credentials directly into Plaid’s secure system, not to OpenPitch. By connecting accounts via Plaid, Customers provide OpenPitch with access to relevant bank transactions, account balances, and other financial data necessary to calculate metrics and power our Services. This connection also facilitates the sharing of information with Investment Groups. It remains the responsibility of the Customer to abide by Plaid’s Terms and Privacy Policy.

  2. Data Control

Once Company data is shared with an Investment Group through OpenPitch, control over the use of this data falls within the purview of that Investment Group. OpenPitch does not have the ability to dictate or control how Investment Groups use data once they have received it. Therefore, Companies should be aware that their shared information will be subject to the respective data use policies of the Investment Groups to which they grant access. As such, it is essential that both Investment Groups and Company Admins understand and adhere to their responsibilities for handling and protecting this data, as outlined below:

  • Access by Investment Groups. If you are accessing the Services as part of an Investment Group, you represent and agree that you will:

    1. only access information regarding a Company through the Services with the Company’s express authorization and subject to any restrictions the Company designates,

    2. only use the information that you access through the Services for the purpose of evaluating the Company for potential investment,

    3. only invite your own teammates or stakeholders to access a Company's information and refrain from inviting random individuals, and

    4. securely destroy all such information upon the earlier of the Company’s request or the termination of your access to the Services.

  • Access by Company Admins. If you are a Company Admin, you represent and agree that you will:

    1. have the authority to share Company information with Investment Groups through the Services,

    2. designate and maintain control over who has access to your Company's information,

    3. only invite appropriate individuals to access the Company's information, and

    4. ensure the security and proper use of the Company's information in compliance with all applicable laws and regulations.

  1. Location of Privacy Policy.

Our Privacy Policy describes how we handle the information you provide to us when you use our Services. For more details on our privacy practices, please visit our Privacy Policy.

  1. License Grant

    1. License to Use. Subject to your compliance with these Terms, OpenPitch grants you a personal, worldwide, royalty-free, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to use the software provided as part of the Services. This license is solely for the purpose of enabling you to use and enjoy the benefit of the Services as provided by OpenPitch, in the manner permitted by these Terms and subject to the use restrictions outlined below.

    2. Restrictions On Your Use of the Services. To maintain the integrity and security of our Services, there are certain activities you are prohibited from engaging in unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:

      1. download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services;

      2. duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;

      3. use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;

      4. use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;

      5. exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;

      6. access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party’s access to or use of the Services or use any device, software or routine that causes the same;

      7. attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;

      8. circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;

      9. use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;

      10. introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful;

      11. use the Services for illegal, harassing, unethical, or disruptive purposes;

      12. violate any applicable law or regulation in connection with your access to or use of the Services; or

      13. access or use the Services in any way not expressly permitted by these Terms.

  2. Ownership and Consent

    1. Ownership of the Services. The Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information, and other materials, are protected under copyright, trademark, and other intellectual property laws. You agree that OpenPitch and/or its licensors own all right, title, and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. OpenPitch and its licensors reserve all rights in connection with the Services and its content (other than Customer information), including, without limitation, the exclusive right to create derivative works.

    2. Ownership of Trademarks. OpenPitch's name, OpenPitch's logo, and all related names, logos, product and service names, designs, and slogans are trademarks of OpenPitch or its affiliates or licensors. Other names, logos, product and service names, designs, and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

    3. Ownership of Feedback. We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title, or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of OpenPitch, and OpenPitch may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to OpenPitch any and all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

  3. Disclaimers, Limitations of Liability and Indemnification

    1. Disclaimers. Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Company, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “Company Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services or the information provided through the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility with any other application or any particular system or device; (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) the deletion of, or the failure to store or transmit, Customer information and other communications maintained by the Services. No advice or information, whether oral or written, obtained from the Company Entities or through the Services, will create any warranty or representation not expressly made herein.

    2. Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE COMPANY ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR PRODUCTS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

    3. Indemnification. By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Company Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your access to or use of the Services; (d) to the extent you are a Customer, any Customer information, or (e) your negligence or willful misconduct.

  4. Additional Terms and Provisions

    1. Updating These Terms. OpenPitch may modify these Terms from time to time. In such case, we will update the “Last Revised” date at the top of these Terms. If we make changes that are substantial, we will make a reasonable effort to notify you, such as by e-mail and/or by placing a prominent notice on the OpenPitch platform. However, it is your sole responsibility to review these Terms periodically to view any changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the revised Terms.

    2. Termination of License and Your Account. If you violate any of the provisions of these Terms, all licenses granted by OpenPitch will terminate automatically. Furthermore, OpenPitch may suspend, disable, or delete your account and/or the Services (or any part thereof) with or without notice, for any or no reason. If OpenPitch deletes your account due to any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. All sections that should logically survive the termination of these Terms will continue in effect after any termination of this Agreement by OpenPitch or you. Termination will not limit any of OpenPitch’s other rights or remedies under law or equity.

    3. Injunctive Relief. You agree that a breach of these Terms will cause irreparable harm to OpenPitch for which monetary damages would not be sufficient. Therefore, OpenPitch shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.

    4. Miscellaneous. If any provision of these Terms is found to be unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions. OpenPitch may assign these Terms and the licenses granted hereunder, but you may not assign them without the prior express written consent of OpenPitch. No waiver by either party of any breach or default hereunder will be considered as a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not influence the interpretation of the terms. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. These Terms are governed by the laws of the State of Wisconsin, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Wisconsin.

  5. Governing Law

The Federal Arbitration Act, Delaware state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or the Service will be heard in the State of Delaware or the United States District Court in each case located in Delaware and you agree to the personal jurisdiction of those courts over You. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, We are not waiving Our rights

  1. Contact Us

Please contact us at hello@openpitch.com