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Terms of Use

Effective: September 1, 2022

Welcome to Pitchbie. Please read these Terms of Use 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 of Use of the Pitchbie web application (the "Terms") govern the registration and use of 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, User Account and/or Expert 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. Within the Evaluator, Users may act as Project Owner, Approver, and Contributor, whose positions vary according to their rights within the selection process.
    1. Project Owner. A member of the Evaluation team who announces the pitch and decides on its flow. In particular, the Project Owner decides on the pitch participants, the appointment of the Expert, is authorized to sign the NDA, is authorized to sign the Expert Service Agreement, manages the evaluation of pitches, and announces the outcome of the pitch.
    2. Approver. A member of the Evaluator's team, representing the Project Owner. The Approver is authorized to sign the NDA, is authorized to sign the Expert Services Agreement, represent the Approver in the bid evaluation process, and announce the outcome of the pitch.
    3. Contributor. A member of the Evaluator's team who evaluates bids and provides feedback on Contestants' proposals.
  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. Use of the Application is conditional upon acceptance and compliance with these Terms.
  9. Terms and Conditions. The Application may only be used by Pitch Participants authorized to use the Application by a contract concluded under the Terms and Conditions available on the website www.pitchbie.com/terms or otherwise agreed with the Provider (hereinafter referred to as the "Terms and Conditions").

II. Registration of the Pitch Participant

  1. Setting up an account. To be able to act as a Pitch Participant, you must set up a Pitch Participant account. An account is created by completing the registration form available on the Application. Registration of a Pitch Participant shall only be carried out by a person authorized to represent the Pitch Participant or by a person authorized by the Pitch Participant to carry out the registration.
  2. 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 the Terms and Conditions, the User will be sent a verification code by email 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 authorization 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.
  3. When registering a Pitch Participant, it is possible to appoint a Project Owner. The Pitch Participant is entitled to change this choice at any time or assign another Project Owner.
  4. Registration of the Pitch Participant can only be done after the Provider's Terms and Conditions and these Terms are accepted.
  5. 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 authentication shall result in the registration approval and the Pitch Participant gaining access to the Application. They can edit their login details anytime in the Settings section.
  6. 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 consents to be listed in the Pitch Participant Database for as long as they have a registered Pitch Participant Account under this Article of the Terms.

III. Creating a User Account

  1. Create a user account. To use the Application, Users must create a user account on the Web Interface. The User shall fill in the registration form with the mandatory data (in particular, the first name, surname, designation of the Pitch Participant under which they are acting) and possibly other optional data. He shall then choose a username and password. After agreeing to these Terms, the User will be sent a verification code by email, which will be used to create a user account.
  2. Invitation to create an account. The Project Owner is authorized to send an invitation to create a user account to individuals within the Evaluator.
  3. Approval to create a user account. Once a User Account has been created, an email will be sent to the Pitch Participant under which the User is to operate, requesting approval of the User. Until the User is approved, they are not authorized to act on behalf of the Pitch Participant in the Application.
  4. User Database. By registering, the User agrees to the inclusion in the database of Users within the Pitch Participant. The database is maintained within the Application. The Pitch Participant consents to be listed in the Pitch Participant Database for as long as they have a registered Pitch Participant Account under this Article of the Terms.

IV. Creating an Expert Account

  1. The Expert creates an account on the Web interface to use the Application. The Expert fills in the registration form with the mandatory data (including bank account number) and possibly other optional data. The Expert then chooses a username and password. After agreeing to these Terms, the Expert will be sent a verification code by email, which will be used to create a user account. By registering as an Expert, the Expert agrees to include their person in the Expert database.
  2. By creating an account, the Expert confirms that they are interested in the Provider mediating the conclusion of the Expert Service Agreement between the Expert and the Pitch Participant. The Expert also agrees to enter the Expert Service Agreement through the Application.
  3. Upon receipt of an inquiry from the Pitch Participant, the Expert undertakes to confirm the Pitch Participant's inquiry without delay within 48 hours of the inquiry. The Expert is entitled to refuse to conclude the Expert Service Agreement with the Pitch Participant only due to a conflict of interest or time constraint. The Expert is entitled to refuse an inquiry for reasons of time constraints at most twice during a calendar month; if the limit is exceeded, the Provider is entitled to cancel the Expert's account.
  4. The Pitch Participant shall pay the remuneration from the Expert Services Agreement to the Provider's account, which is the payment point. The Provider shall send the compensation to the Expert to the bank account specified in the Expert's account, namely:
    1. within 30 days from the date of payment by the Pitch Participant if the subject of the Expert's services is the one-off consultation provision;
    2. within 14 days from the completion date of the pitch with the Expert's participation, but no later than 60 days from the Pitch Participant's payment date.
  5. If the Expert does not wish to receive further requests from Pitch Participants, they are obliged to indicate this fact in the Application Settings. From that moment on, the Provider will not offer mediation of the contract with the Expert to the Pitch Participants.
  6. If the Expert's assistance is requested for the entire duration of the Pitch, the Pitch Participant is entitled to restrict the Expert's access to information regarding the Pitch to the extent permitted by the Application.

V. The Call for Pitches

  1. Authorized person. Only the designated Project Owner is allowed to open a new pitch. When establishing a new pitch, at least:
    1. the name of the pitch or the brand for which the pitch is being issued;
    2. region;
    3. indicative budget;
    4. type of contractual relationship.
  2. Call for pitches. The Project Owner is entitled to, in particular:
    1. define the terms of reference and evaluation criteria for the selection procedure;
    2. identify and change the Approver(s), Contributor(s), and Expert(s) for the selection process;
    3. publish the pitch in the Application;
    4. post on the website www.pitchbie.com/open-pitch-dashboard, in the Application, on social networks, and/or in advertising spaces a list of open slots in the pitches in which the Project Owner has released a part of the invitations in Open slot mode.
  3. Applying for the selection procedure. The Project Owner determines the range of Contestants in the selection procedure. The Project Owner is entitled to:
  4. The entity becomes a Contestant by accepting the invitation received or by confirming participation in the pitch by the Project Owner Evaluator when using unfilled slots. Participation in the Pitch is subject to registration of the Pitch Participant in the Application, i.e., the Pitch Participant must establish a Pitch Participant Account under Article II of these Terms.

VI. Cancellation of Account

  1. Cancellation of the Pitch Participant's account. 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 Pitch Participant's account at the Pitch Participant's email address specified in the Application. Cancellation of the Pitch Participant's account shall result in the cancellation of the accounts of all Users within the Pitch Participant.
  2. Cancellation of the Pitch Participant's account terminates the authorization to use the Application granted under the Terms and Conditions.
  3. To cancel a user account. If the User wishes to cancel the User Account, they are entitled to do so in the Application or send a written request to the Provider at [email protected]. The User is obliged to confirm the cancellation of the account at the User's email address provided during registration.
  4. Expert account cancellation. If the Expert wishes to cancel the account, they are entitled to do so in the Application or send a written request to the Provider at [email protected]. The Expert is obliged to confirm the cancellation of the account at the User's email address provided during registration. The Expert acknowledges that cancellation of the Expert's account during the term of the Expert Services Agreement may result in a breach of contract by the Expert and may lead to an obligation to compensate the Pitch Participant for damages and/or contractual penalties.
  5. The Provider shall cancel the account within 30 days of the confirmation of the request for cancellation of the account.
  6. At the same time, the Provider reserves the right to suspend or terminate the account if there is a violation of these Terms of Use or applicable law. The assessment of whether there is a breach of these Terms of Use is at the Provider's sole discretion.
  7. Suspicious behavior. Suppose the Provider notices increased traffic on the Application or other suspicious behavior that may negatively affect the operation of the Application. In that case, the Provider shall be entitled to telephone or other identification of the User, Pitch Participant, or Expert to verify the User's identity before creating the account or any changes to the account.
  8. Withdrawal of Users' permissions. The Pitch Participant shall be entitled to withdraw the permissions of Users authorized to act as a Pitch Participant in the Application at any time. In such a case, it may decide to cancel the User's account or to transfer the data to the account of another User registered within the Pitch Participant.

VII. Using the Application

  1. Account Changes. The Pitch Participant, User, or Expert is entitled to make changes to their account in the Account settings in the Application.
  2. Application Usage. You may use the Application solely for the purposes set out in these Terms. The Pitch Participant, User, or Expert may not carry out any activity that could enable them or third parties to use the Application unauthorisedly. It is expressly prohibited to use the Application for any kind of illegal conduct, including but not limited to:
  3. Application Usage Policy. The Application may only be used under applicable laws in the territory. The Pitch Participant, the User, and the Expert bear all risks associated with using the Application and are solely responsible for its use and any damage caused. The Pitch Participant, the User, and the Expert undertake 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.
  4. Prohibited conduct. Any scraping and reverse engineering is strictly prohibited. Unauthorized modification of the Application or distribution of the Application is prohibited. It is not permitted to decompile the Application, modify the Application at the code level, reproduce the Application or any part of the Application, or examine the Application to discover the principle of operation to create a similar product.

VIII. 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 policies and procedures for processing personal data is provided in the Information on the processing of personal data, published here: www.pitchbie.com/privacy.
  3. Since the Provider provides the Pitch Participant with data space to store data, which may include personal data of natural persons, the User, and the Pitch Participant acknowledge that in relation to the personal data they store on the Provider's servers, the Pitch Participant acts as a personal data controller and the Provider as a personal data processor. The Personal Data Processing Agreement is part of the Terms and Conditions.

IX. Provider's Liability

  1. Availability of the Web Interface and Application. The Pitch Participant, the User, and the Expert acknowledge 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 the required maintenance of hardware and software equipment of third parties. 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. 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, User, or Expert. The Provider shall not be liable to any extent for the activities of the Expert; the Expert Service Agreement shall govern the rights and obligations between the Provider and the Pitch Participant. The Provider does not control, approve or edit the content uploaded. The Provider shall not be liable for any direct or indirect damages arising from the use of the Web Interface and the Application, as well as for damages arising from 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. operational incidents caused by changes to the system environment made by the Pitch Participant, the User, or a third party;
    2. failure to meet minimum system or other requirements for the operation of the Application;
    3. by infecting the local network or computers of the Pitch Participant, User, or Expert with computer viruses (spyware, malware, ransomware, etc.), or by a hacker attack or other similar external attack;
    4. damage caused by malfunctioning hardware, operating system, or network;
    5. unavailability of data and suspension of access to the Application and the Web Interface.
  3. Pitch Participants, Users, and Experts are obliged to report any illegal and 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 these Terms of Use. Users, Pitch Participants, and Experts waive the right to claim any losses/damages arising from the Provider's above action. The Provider also reserves the right to delete any potentially illegal content without prior notice and compensation.
  4. Pitch Participants, Users, and Experts declare that they are aware that the Provider may collect statistical data and logs in encrypted form to improve the Application and its security.

X. Copyright Arrangements

  1. The Provider remains the sole and exclusive owner of all rights to the Web Interface, the Application, and its components. The Web Interface, the Application, and all parts thereof, such as text, code, design, images, user interface, or information architecture, are the exclusive property of the Provider and may not be used, copied, misused, resold, or reproduced without the express written consent of the Provider. These rules also apply to other works of authorship provided to Pitch Participants or Users (user documentation, etc.).
  2. The Pitch Participant shall be deemed to have all rights to the content uploaded by them or the User acting as a Pitch Participant.
  3. Content only to participate in and evaluate the Pitch. This right shall cease after the end of the pitch procedure unless otherwise specified in the individual contract between the Pitch Participants. Information about terminated pitches is archived by the Provider and is available to Pitch Participants, Users, and Experts who participated in the pitch.
  4. To protect the interests of the Provider, Pitch Participants, Users, and Experts, any automated collection of data and information from the Application; copying and storing information, data, and images for purposes other than the use of the Application is prohibited.

XI. Final Provisions

  1. Links in the Application and on the Web Interface. Clicking on certain links in the Application and the Web Interface may cause you to leave the Application and the Web Interface and be redirected to third-party websites. The Provider is not responsible for the content of third-party sites linked from the Application or the Web Interface, nor for any breach of law by third parties operating such sites and any damage or other harm caused. The inclusion of any link to the Application or Web Interface does not imply the Provider's endorsement of such site or its support, promotion, etc., unless expressly stated.
  2. Language of the Terms. These Terms are in English.
  3. Web Interface and Application Modification. The Provider reserves the right to modify or remove any part of the content of the Web Interface and the Application at any time without prior notice, or to interrupt the operation of the Web Interface and the Application for an indefinite period, in particular, due to scheduled maintenance or unscheduled emergency maintenance performed by the Provider or a third party.
  4. Choice of law and competent court in case of litigation. All contractual relations arising between the Pitch Participant/User and the Provider under these Terms 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.
  5. Handling complaints. The Provider handles complaints via the email address [email protected].
  6. Codes of Conduct. Any codes of conduct do not bind the Provider.
  7. Change to the Terms. The Provider is entitled to change the Terms to a reasonable extent unilaterally. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms. The current version of the Terms is always available on the Web Interface. When changing the Terms, the Provider shall publish information on the extent of the changes in the Application. The Provider agrees to the current version of the Terms by continuing to use the Application. It is recommended to familiarize oneself with the current version of the Terms regularly. The Pitch Participant, User, and/or Expert has the right to reject changes to the Terms by requesting the Provider to cancel the account. Cancellation of the Pitch Participant's account will terminate the permission to use the Application granted under the Terms and Conditions, which will also result in the cancellation of the accounts of all Users within the Pitch Participant.
  8. 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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