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Terms and Conditions

Effective: September 1, 2022

Welcome to Pitchbie. Please read these Terms and Conditions carefully before using Our Service.

Provider:

Pitchbie s.r.o., reg. office Anny Rybníčkové 2615/1, 155 00 Prague, Czech Republic, IN: 171 38 531 (hereinafter referred to as "Provider")

I. Introductory provisions

  1. These Terms and Conditions of the Pitchbie web application (the "Terms") govern the rights and obligations of the parties arising in connection with the granting of permission to use the Pitchbie web application (the "Application"), which is accessible via the pitchbie.com web interface (the "Web Interface").
  2. Account. Account means the Pitch Participant's account and/or User Account.
  3. User. A User can only be a natural person who acts either on the Evaluator's or Contestant's side.
  4. Pitch Participant. A Pitch Participant is a natural or legal person who participates in the pitch procedure as an Evaluator or Contestant.
  5. Evaluator. The Evaluator is the person who is the awarding authority, evaluates the proposals submitted, and determines the winner of the selection procedure.
  6. Contestants. A Contestant is a person who participates in the selection procedure from a candidate's position for a contract with the Evaluator.
  7. Expert. An Expert is someone with expertise selected by the Pitch Participant to provide services in the pitch if interested. Experts provide one-off consultations or assist the Pitch Participant throughout the duration of the pitch. The Pitch Participant selects the Expert from the list of Experts. The Provider mediates the Expert's services.
  8. Application. The Application is used for the organization and evaluation of pitches in the context of tendering procedures, especially in creative fields, e.g., advertising, graphics, or product design.
  9. Terms of Use. The Application may only be used under the rules set out in the Web Application Terms of Use, which are available at www.pitchbie.com/terms (the "Web Application Terms of Use").

II. Conclusion of a contract for the use of the application

  1. Conclusion of the Application Use Agreement. The Application Use Agreement (hereinafter referred to as the "Agreement") is concluded between the Pitch Participant and the Provider at the moment of the Provider's registration approval as described in paragraph 6 of this Article of the Terms and Conditions. The Provider reserves the right not to conclude the Agreement with the Pitch Participant.
  2. Permission to use the Application. By concluding the Agreement, the Pitch Participant is granted a non-exclusive right to use the Application (License) without territorial and time limitations. The permission to use the Application includes the possibility to set up an unlimited number of user accounts per User.
  3. Registration. A Pitch Participant Account is created by completing the registration form available on the Application. Registration of the Pitch Participant shall only be carried out by a person authorized to represent the Pitch Participant or a person authorized by the Pitch Participant to carry out the registration.
  4. When registering, the person authorized to represent the Pitch Participant shall fill in the registration form with the mandatory data (in particular, the name of the Pitch Participant, its registered office, identification number, if any, and contact details) and any other optional data. He shall then select a username and password for the Pitch Participant Account. After agreeing to these Terms and Conditions, the User will be sent a verification code by email, which will be used to create the User Account. The Provider reserves the right to register the Pitch Participant only after it has been provided with documents proving the authority of the natural person to act on behalf of the Pitch Participant and an extract from the commercial register or similar register in which the Pitch Participant is registered. The Provider shall be entitled to request the said documents at any time during the registration period of the Pitch Participant.
  5. Registration of a Pitch Participant can only be made after agreeing to these Terms and Conditions and the Application Terms of Use.
  6. Login details. Registration is subject to approval by the Provider. The Provider shall notify the Pitch Participant of the registration in progress by email with authentication details for identity verification to the email address provided in the registration form. The verification confirms the registration, and the Pitch Participant gains access to the Application. They can edit their login details at any time in the Settings section.
  7. Pitch Participant Database. By registering as a Pitch Participant, the Pitch Participant agrees to have their name entered into the Pitch Participant Database maintained within the Application. The Pitch Participant agrees to be listed in the Pitch Participant Database for as long as they have a registered Pitch Participant Account under these Terms and Conditions.
  8. User Account creation. The process of creating a user account for individual Users is set out in the Terms of Use of the Application.

III. Termination of the contract, termination of the authorization to use the application

  1. Termination of permission to use the Application. The Agreement and the related authorization to use the Application shall terminate:
    1. cancellation of the Pitch Participant's account upon the Pitch Participant's request as described in paragraph 2 of this Article of the Terms and Conditions;
    2. withdrawal from the Contract by the Provider as described in paragraph 3 of this Article of the Terms and Conditions;
    3. in other cases as set out in these Terms or the Application Terms of Use.
  2. Cancellation of the Pitch Participant's account upon the Pitch Participant's request. The person authorized to represent the Pitch Participant is entitled to cancel the Pitch Participant's account in the Application or send a written request to the Provider at [email protected]. The Pitch Participant is obliged to confirm the cancellation of the account at the email address provided during the registration of the Pitch Participant. Confirmation, according to the previous sentence, shall terminate the Agreement. The Pitch Participant's account cancellation shall occur within 30 days of sending and confirming the request.
  3. Withdrawal from the Contract by the Provider. The Provider is entitled to withdraw from the Contract in case of a serious or repeated violation of these Terms and Conditions, the Application Terms of Use, or applicable law by the Pitch Participant. The assessment of whether there is such a breach is at the sole Provider's discretion. The Provider shall further be entitled to withdraw from the Agreement if the Pitch Participant defaults in paying any financial performance under these Terms and Conditions for more than 15 days. Similarly, if the Pitch Participant is finally adjudged bankrupt or enters into liquidation by a court of competent jurisdiction, whether by a decision of a court of competent jurisdiction or the Pitch Participant's authorities. The Provider shall send the withdrawal from the Agreement to the Pitch Participant by email to the email address specified in the registration form. If the Contract is terminated according to this paragraph, the Provider shall not be obliged to enter into a new Contract with the Pitch Participant upon the Pitch Participant's re-registration.
  4. The consequence of Contract termination. Termination of the Agreement terminates the authority to use the Application, which also results in the termination of the Pitch Participant's account and all user accounts within the Pitch Participant.
  5. If the Agreement is terminated for any reason, the Provider is not obliged to refund to the Pitch User any amounts paid to the Provider in connection with the use of the Application under these Terms, even if it is a subscription for a certain period and the termination of the Agreement occurs during this period.

IV. Purchase of additional services

  1. Additional services. The Application allows you to purchase additional services that will enable you to extend the functionality of the Application according to the current offer of the Provider. Additional services will be active within 48 hours from the time of crediting the price to the Provider's account.
  2. The price payment method. The price for additional services can be paid via a payment gateway. The entire payment process will be made through the payment gateway provider, subject to the terms of use of the payment gateway services available on the payment gateway provider's website;
  3. Invoice. The Provider shall issue an invoice to the Pitch Participant. The Pitch Participant consents to the Provider issuing and using an invoice in electronic form. Electronic invoices will be sent to the Pitch Participant electronically to the email address provided in the registration form.

V. Expert

  1. Designation of Expert. The Pitch Participant shall have the opportunity to submit a request for services of a designated Expert listed by the Provider via the Web Interface.
  2. Mediation of Expert services. The Provider is mediating the contract for the provision of services between the Pitch Participant and Expert (hereinafter referred to as the "Expert Services Contract"). The Brokerage Contract is concluded through the Web Interface by submitting a request following the previous paragraph of these Terms and Conditions. The Provider shall be entitled to a commission for the mediation of the Expert Service Contract, which shall be paid by the Pitch Participant in the amount specified on the Web Interface and shall be payable together with the Expert's remuneration.
  3. Contract for the provision of Expert services. The text of the Expert Services Agreement is available on the Web Interface. The Expert shall be entitled to a fee for services provision, the amount of which is set out in the Experts list. The Expert Service Contract is concluded upon the Expert's acceptance of the Expert Service Contract. It becomes effective upon payment of the Expert's fee, including the Provider's commission for mediation by the Pitch Participant in the manner set out below.
  4. Payment of remuneration and commission. The Expert's fee, including the Provider's commission for mediation, shall be paid by the Pitch Participant through the payment gateway following Article IV.2 of these Terms and Conditions.
  5. Termination of the Expert Services Agreement. In case of the Expert Service Agreement termination between the Pitch Participant and Expert before the commencement of the Expert services for reasons on the part of the Expert, the Provider shall refund the Pitch Participant the total amount of the mediation fee.
  6. Provider's Responsibility. The Pitch Participant acknowledges that the Provider does not verify the Expert's qualifications and is not responsible for the proper performance of services by the Expert. In the event of a breach of the Expert Services Agreement by the Expert, proceedings shall be conducted exclusively following the agreement concluded between the Participant and the Expert.
  7. Increase in the scope of services. If the parties to the Expert Service Contract are interested in increasing the range of services, they shall enter into an amendment to the Expert Service Contract through the Application, subject to payment of the Provider's commission. Entering into an addendum or a new Expert Service Contract within the same pitch outside the Application shall be deemed a breach of these Terms and Conditions. It shall entitle the Provider to terminate the Contract with the Pitch Participant.

VI. Granting permission to use the application

  1. Obligations of the Provider. The Provider undertakes to:
    1. immediately after the conclusion of the Agreement, send the Pitch Participant the authentication data so that the Pitch Participant can start using the Application;
    2. in case the Pitch Participant purchases additional services, make these additional services available on the Application upon payment of the price.
  2. Obligations of the Pitch Participant. The Pitch Participant undertakes to:
    1. make timely and proper payments to the Provider following these Terms and Conditions;
    2. use or dispose of the Application solely for the agreed purpose;
    3. act honestly, conscientiously, and in a manner that does not cause damage or unnecessary expense to the Provider, the Pitch Participants, and third parties.
  3. Rules for the use of the Application. You may only use the Application under the applicable laws in the territory in which the Application is used. The Pitch Participant shall bear all risks associated with the use of the Application and shall be solely responsible for its use and any damage caused by its use. The Pitch Participant undertakes to use the Application with all possible caution and to avoid using the Application in ways that could violate legal regulations or the rights of third parties. Further rules for the Application use are set out in the Application Terms of Use.

VII. Data protection

  1. Personal data. When processing personal data, the Provider acts under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data and repealing Directive 95/46/EC ("GDPR") and national legislation governing the processing of personal data.
  2. Information on the processing of personal data. Information on the principles and procedures for personal data processing is provided in the Information on the processing of personal data, published on the website: www.pitchbie.com/privacy.
  3. Since the Provider provides the Pitch Participant with data space to store data, where such data may include personal data of natural persons, the Pitch Participant acknowledges that in relation to the personal data it stores on the Provider's servers, the Pitch Participant acts as a personal data controller and the Provider as a personal data processor.
  4. The Provider declares that the Application meets the conditions of personal data security within the meaning of Article 32 et seq. of the GDPR. Taking into account the current state of the art and computer programs, the Application meets the conditions for (a) the ability to ensure the continued confidentiality, availability, and resilience of the processing system, (b) the ability to restore the availability of and access to Personal Data promptly in the event of physical or technical incidents, (c) regular testing, assessment and evaluation of the effectiveness of the technical and organizational measures in place to ensure the security of the processing, (d) security of access and security against unauthorized access to Personal Data.
  5. The Provider declares that the servers on which the Pitch Participant's data will be stored are located in the EU.
  6. The Provider is not responsible for whether the Pitch Participant, as the personal data controller, has legal titles to process personal data.
  7. The Provider as a processor shall appropriately keep records of processing activities within the meaning of Article 30(2) of the GDPR, to the extent specified in the cited article of the GDPR if this obligation is imposed under the relevant provisions of the GDPR.
  8. Personal Data Processing Agreement. By concluding the Agreement, these Terms and Conditions also automatically lead to the conclusion of a contract on personal data processing according to Article 28 GDPR with the following content:
    1. The subject of processing: the subject of the processing is personal data that the Pitch Participant and Users store on the Provider's servers in connection with the use of the Application.
    2. Processing period: the Provider processes personal data for the duration of the Contract and subsequently for 10 years after its termination. After this period, the Pitch Participant's data is deleted.
    3. Nature and purpose of processing: the purpose of the processing is the performance of obligations under the Agreement, particularly the provision of data space to store the Pitch Participant's data in the Application.
    4. Type of personal data processed: cannot be specified. It will mainly include basic personal data (name, surname) and contact personal data (telephone, email).
    5. Categories of data subjects whose personal data are processed: Cannot be specified. In particular, this will be the actual or potential employees and business partners of the Pitch Participant if they are natural persons or representatives of these business partners.
    6. Obligations of the Provider as a personal data processor: the Provider undertakes to:
      1. process personal data only based on documented instructions from the Pitch Participant;
      2. ensure that the Provider's authorized personnel who come into contact with personal data are bound to confidentiality at least to the same extent as the Provider, even after the processing of personal data has been terminated;
      3. implement appropriate technical and organizational safeguards to ensure a level of security appropriate to the risk; The Provider undertakes to process and document the technical and organizational measures adopted and implemented to ensure the protection of personal data under the law and other legal regulations, ensuring, controlling and being responsible for the implementation of the instructions for the processing of personal data by persons having direct access to personal data, furthermore, it shall take measures to prevent unauthorized persons from accessing personal data, and the means of processing them, from unauthorized reading, creation, copying, transmission, modification or deletion of records containing personal data, and shall undertake to take measures to identify and verify to whom personal data have been transmitted;
      4. in the area of automated processing of personal data, in the framework of the measures referred to in the previous point, if implemented, ensure that automated processing systems are used only by authorized persons so that natural persons authorized to use automated processing systems have access only to personal data corresponding to the authorization of those persons, based on specific user authorizations established exclusively for those persons, to use electronic records that make it possible to determine and verify when, by whom and for what reason personal data have been recorded or otherwise processed and to prevent unauthorized access to data media;
      5. take such measures to prevent unauthorized or accidental access to, alteration, destruction, or loss of personal data, unauthorized transfer, other unauthorized processing, or other misuses of personal data. Such obligation shall continue to apply even after the Provider has ceased personal data processing;
      6. take into account the nature of the processing and assist the Pitch Participant through appropriate technical and organizational measures in fulfilling the Pitch Participant's obligation to respond to requests to exercise the rights of data subjects set out in Chapter III of the GDPR (Data Subject Rights);
      7. assist the Pitch Participant in ensuring compliance with the obligations under Articles 32 to 36 of the GDPR (Security of Personal Data), taking into account the nature of the processing of information held by the Provider;
      8. report without undue delay to the Pitch Participant any personal data breaches (e.g., in the form of unauthorized access to data storage by a third party); the reporting of personal data breaches will be carried out following Articles 33 and 34 of the GDPR;
      9. to provide the Pitch Participant with all information necessary to demonstrate that the above obligations have been met and enable the Pitch Participant to check that the above obligations have been met. In the event of an inspection, the Provider undertakes to cooperate with the Pitch Participant;
      10. that, per the Pitch Participant's decision, it will delete all personal data unless the storage of the personal data in question is required by law.
  9. Other processors: the Pitch Participant consents to the Provider involving other processors in the personal data processing. However, the Provider must oblige them to the same extent under this Article of the Terms and Conditions and GDPR.

VIII. Provider's liability

  1. Availability of the Web Interface and Application. The Pitch Participant acknowledges that the Web Interface and the Application may not be available continuously, particularly regarding the necessary maintenance of the Provider's hardware and software equipment or third parties' hardware and software equipment. The Provider does not guarantee uninterrupted functionality, error-free operation, and security of the Web Interface and the Application. The Application is provided "as is" and on an "as available" basis. The Provider does not warrant that the Application will be uninterrupted, timely, secure, error-free, or virus-free, nor does the Provider warrant the results that may be obtained from using the Application.
  2. Modifications, exclusions, and limitations of the Application. The provider may modify the Application at any time to enhance, improve, update or remove errors. The Pitch Participant shall accept and respect such changes. If implementing these changes would require the Application lockout, the Provider is entitled to suspend its operation to the extent necessary to implement these changes. The Provider is obliged to inform the Pitch Participant of planned shutdowns reasonably in advance. The Provider shall be entitled to restrict or interrupt the provision of the Application for a strictly necessary time for the following reasons:
    1. as a result of an extraordinary unforeseen and insurmountable obstacle arising independently of the Provider's will (e.g., force majeure);
    2. maintenance or repair of the public communications network;
    3. a Pitch Participant or User acting as a Pitch Participant negatively affects the quality and availability of the Application by its actions. The Pitch Participant shall be notified of such fact by email to the address specified in the registration form. Suspension of the Application is possible in this case only after agreement with the Pitch Participant or in case the Pitch Participant does not respond within 2 hours to the Provider's calls to eliminate the error on the Pitch Participant's side. Once the error on the Pitch Participant's side has been corrected, the Application is immediately made available;
    4. 14-day delay of the Pitch Participant in making payments under these Conditions, to the extent of additional services;
    5. 14 days' delay by the Pitch Participant in complying with any other contractual obligation of the Pitch Participant under these Terms and Conditions or the Application Terms and Conditions.
  3. For the avoidance of doubt, the Parties agree that the Provider's entitlement to payment of the price for the Application service add-ons shall not be affected by the limitation or suspension of the Application.
  4. In cases of an unplanned outage or Application availability limitation, the Provider is entitled to perform an unplanned downtime of the Application to the extent necessary to restore the functionality of the Application. The Provider shall not be obliged to inform the Pitch Participant about such unplanned shutdowns.
  5. Liability for damages. The Provider shall not be liable for the completeness, legality, and accuracy of the information entered into the Application by the Pitch Participant or the User. The Provider does not review, approve or edit the content entered. The Provider shall not be liable for any direct or indirect damage arising in connection with the use of the Web Interface and the Application, as well as for damage arising due to temporary, partial, and/or complete unavailability of the Web Interface and the Application and loss of data to the extent permitted by applicable law. The Provider shall also not be liable for any non-material damage (lost opportunities, etc.) arising from using the Web Interface and the Application to the extent permitted by applicable law. The Provider shall not be liable for damages caused in particular by:
    1. the termination of the selection procedure by the Evaluator without the determination of the winning pitch;
    2. failure to conclude a contract between the Evaluator and the successful Pitch Participant;
    3. breach of duty by any Pitch Participant or User;
    4. operational incidents caused by changes to the system environment made by the Pitch Participant, the User, or a third party;
    5. failure to meet minimum system or other requirements for the operation of the Application;
    6. by infecting the local network or computers of the Pitch Participant or User with computer viruses (spyware, malware, ransomware, etc.), or by hacker attack or other similar external attacks;
    7. damage caused by malfunctioning hardware, operating system, or network;
    8. unavailability of data and suspension of access to the Application and the Web Interface.
  6. The provider is only liable for damage caused intentionally or through gross negligence. In the event of an injury on the part of the Pitch Participant for which the Provider is responsible, the Parties agree to limit the Provider's obligation to compensate for the damage. The compensation is limited to the amount of the price for additional services paid by the Pitch Participant.
  7. Pitch Participants are required to report any illegal or inappropriate content within the Application. The Provider reserves the right to temporarily restrict access to such content and delete it once it has determined that it violates the Terms. Users and Pitch Participants waive the right to claim any losses/damages arising from the Provider's action described above. Further, the Provider reserves the right to delete any potentially illegal content without prior notice and compensation.
  8. Pitch Participants declare that they are aware that the Provider may collect statistical data and logs in encrypted form to improve the Application and its security.

IX. Final provisions

  1. Language of the Terms. These Terms are in English.
  2. For the avoidance of doubt, the Provider shall in no event be obliged to provide, make available or publish any source code for any software unless expressly agreed between the parties.
  3. Choice of law and competent court in case of litigation. All contractual relations arising between the Pitch Participant and the Provider under these Terms and Conditions shall be governed by the law of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, as amended. Any disputes arising shall be resolved by the Czech court.
  4. Change to the Terms and Conditions. The Provider is entitled to change these Terms to a reasonable extent unilaterally. The Provider is obliged to notify that the Terms and Conditions will be changed by email to the email address of the Pitch Participant specified in the registration form at least one month before the effective date of the new version of the Terms and Conditions. The Pitch Participant has the right to reject the changes to the Terms and Conditions by sending a written notice in paper form or emailing the Provider's address at [email protected]. The notice period shall be agreed in a length corresponding to the number of days remaining until the new version of the Conditions comes into force. Terminating the authorization to use the Application shall result in the termination of the Pitch Participant's account and all user accounts within the Pitch Participant. If the Pitch Participant does not reject the changes to the Terms and Conditions duly notified to it by the time the new version of the Terms and Conditions becomes effective, the relationship under the Agreement shall be governed by the new version of the Terms and Conditions as notified to the Provider.
  5. The invalidity of provisions. If any provision of these Terms is invalid or unenforceable, the validity of the remaining provisions shall not be affected. They will remain valid and enforceable according to their terms.
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