These Terms of Service (“Terms”) are a binding agreement between Pitcher, LLC, a Virginia limited liability company (“Pitcher,” “we,” “us,” or “our”), and you, the individual or entity accessing or using the Pitcher platform and related services available at https://prpitcher.com(collectively, the “Service”). By creating an account, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service. If you are using the Service on behalf of an organization, you represent that you are authorized to bind that organization, and “you” refers to that organization.
Definitions
Eligibility and Accounts
Subscriptions, Fees, and Billing
License to Use the Service
Subject to these Terms and your payment of applicable fees, Pitcher grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes during your Subscription term.
Acceptable Use
You agree not to, and not to permit any User or third party to:
- (a) copy, modify, reverse engineer, decompile, or create derivative works of the Service except as permitted by law;
- (b) access the Service to build or benchmark a competing product or service;
- (c) use any robot, spider, scraper, crawler, or other automated means to access, query, or extract data from the Service except through interfaces we expressly provide;
- (d) circumvent, disable, or interfere with security, rate-limiting, usage-metering, or access-control features;
- (e) exceed the access limits of your plan, share credentials, or permit access by anyone other than authorized Users;
- (f) upload or transmit malware, or use the Service to send unlawful, infringing, defamatory, harassing, or deceptive content;
- (g) use the Service or any data obtained through it in violation of any applicable law, including anti-spam laws (such as the U.S. CAN-SPAM Act and, where applicable, Canada's CASL), privacy laws, and export-control laws;
- (h) misrepresent your identity or affiliation, or send communications through the Service in a manner that violates a recipient's rights.
We may monitor use for compliance and may suspend access for conduct that we reasonably believe violates this Section or creates risk to the Service or others.
Customer Data
Pitcher Data — Permitted and Prohibited Uses Material Term
- (a) view, search, and organize Pitcher Data within the Service;
- (b) contact media and press recipients identified in Pitcher Data for your own bona fide outreach, in compliance with applicable law and any recipient opt-out;
- (c) only if your Subscription is on the Enterprise plan, export or download limited Pitcher Data through features we provide, for your own internal use only, provided that all exported data remains subject to the restrictions in this Section. Users on all other plans may not export, download, or otherwise remove Pitcher Data from the Service by any means.
- (a) scrape, crawl, bulk-download, or otherwise systematically extract Pitcher Data by automated or manual means;
- (b) copy, cache, store, or reproduce Pitcher Data outside the Service except as expressly permitted in §7.2(c);
- (c) sell, resell, license, sublicense, transfer, share, or otherwise distribute Pitcher Data to any third party;
- (d) use Pitcher Data to build, train, supplement, or enhance any competing database, product, or service;
- (e) use Pitcher Data for any purpose other than your own bona fide PR and media-outreach activities, including for third-party list-building, data enrichment, or analytics services;
- (f) remove, alter, or obscure any proprietary notices in or accompanying Pitcher Data.
Service Output
Subject to your compliance with these Terms, you may use Service Output for your internal business purposes. Service Output that incorporates Pitcher Data remains subject to §7.
Third-Party Services
The Service may integrate with or rely on third-party services (for example, email providers and payment processors). Your use of those services is governed by their own terms, and we are not responsible for them. We are not liable for any third-party service's availability, acts, or omissions.
Intellectual Property
The Service, including all software, designs, text, graphics, logos (including the Pitcher name and marks), and all related intellectual property, is owned by Pitcher or its licensors. Except for the limited licenses expressly granted in these Terms, no rights are granted to you. You may not use our trademarks without our prior written consent. If you submit feedback or suggestions, you grant us a perpetual, royalty-free license to use them without restriction.
Confidentiality
Each party may receive non-public information of the other (“Confidential Information”). The receiving party will use Confidential Information only to perform under these Terms and will protect it with reasonable care. Pitcher Data and the non-public features and performance of the Service are our Confidential Information. This Section does not apply to information that is public through no fault of the receiving party, independently developed, or rightfully obtained from a third party.
Privacy and Data Protection
Our collection and use of personal information in connection with the Service is described in our Privacy Policy at https://prpitcher.com/privacy, which is incorporated by reference. We process personal information in accordance with applicable law, including, where applicable, the Virginia Consumer Data Protection Act. You are responsible for your own compliance with privacy and data-protection laws with respect to Customer Data and your use of Pitcher Data.
Suspension
We may suspend your or any User's access to the Service, in whole or in part, if we reasonably believe there is a security risk, a violation of these Terms (including §5 or §7), a legal requirement, or non-payment. We will use commercially reasonable efforts to notify you and, where feasible, limit the suspension to what is necessary.
Term and Termination
Disclaimers
THE SERVICE, PITCHER DATA, AND SERVICE OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DATA IS ACCURATE OR COMPLETE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Limitation of Liability Material Term
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND SUBJECT TO §16(c): (a) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE; AND (b) PITCHER'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO PITCHER FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Indemnification
You will defend, indemnify, and hold harmless Pitcher and its officers, members, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your Customer Data; (b) your use of the Service or Pitcher Data in violation of these Terms or applicable law (including §5 and §7); or (c) your communications to any recipient.
Modifications to the Service and Terms
We may modify the Service at any time. We may update these Terms by posting a revised version with a new “Last updated” date and, for material changes, providing reasonable notice. Your continued use after the effective date of revised Terms constitutes acceptance. If you do not agree, you must stop using the Service.
Governing Law and Dispute Resolution Material Term
General
440 Monticello Ave Ste 1802 #574815 Norfolk VA 23510
legal@prpitcher.com · https://prpitcher.com