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Terms of Service

Last Updated: May 1, 2024

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and userpitch ("we," "our," or "us") governing your use of our website, mobile application, and services (collectively, the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our Service.

2. Description of Service

userpitch is an AI-powered platform that offers candidates the opportunity to create and submit elevator pitches to employers, and helps employers find suitable candidates based on these pitches. Our Service includes, but is not limited to:

  • Creation and submission of voice pitches
  • AI-powered evaluation and feedback on pitches
  • Job posting and candidate matching
  • Practice interview sessions with AI coaches

3. User Accounts

3.1 Account Creation

To use certain features of our Service, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

3.3 Account Types

Our Service offers different account types for candidates and employers, each with different features and subscription plans. By selecting a specific account type and plan, you agree to the terms and pricing associated with that account type and plan.

4. Subscription and Payment

4.1 Subscription Plans

We offer various subscription plans with different features and pricing. By subscribing to a plan, you agree to pay the subscription fees associated with that plan.

4.2 Payment Terms

Payment for subscription plans is processed through our payment processors (e.g., Stripe). By providing payment information, you represent and warrant that you are authorized to use the payment method and agree to pay all charges incurred.

4.3 Subscription Renewal and Cancellation

Subscriptions automatically renew at the end of each billing period unless canceled before the renewal date. You may cancel your subscription at any time through your account settings or by contacting our customer support.

5. User Content

5.1 Definition

"User Content" refers to any content you submit, post, or display on or through the Service, including but not limited to voice recordings, pitch transcripts, profile information, and job listings.

5.2 Ownership

You retain all ownership rights in your User Content. By submitting User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute your User Content for the purpose of providing and improving the Service.

5.3 Responsibility for User Content

You are solely responsible for your User Content and the consequences of posting or publishing it. By submitting User Content, you represent and warrant that:

  • You own or have the necessary rights to use and authorize us to use your User Content
  • Your User Content does not violate the rights of any third party
  • Your User Content complies with these Terms and all applicable laws and regulations

6. AI Processing

Our Service uses artificial intelligence (AI) technologies to analyze voice recordings, transcripts, and other information provided by users. By using our Service, you acknowledge and agree that:

  • Your User Content may be processed and analyzed by AI technologies
  • The AI evaluation and feedback provided by our Service is generated automatically and may not be perfect
  • We make no guarantees regarding the accuracy, completeness, or quality of AI-generated content
  • You will use the AI-generated content as a tool and exercise your own judgment when making decisions based on this content

7. Acceptable Use Policy

You agree not to use the Service to:

  • Violate any laws or regulations
  • Infringe upon the rights of others
  • Submit false, misleading, or fraudulent information
  • Engage in any activity that interferes with or disrupts the Service
  • Upload or transmit viruses, malware, or other malicious code
  • Attempt to gain unauthorized access to any part of the Service
  • Harass, abuse, or harm another person
  • Use the Service for any illegal or unauthorized purpose
  • Post content that is discriminatory, offensive, hateful, or inappropriate

8. Intellectual Property Rights

8.1 Our Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of userpitch and its licensors. The Service is protected by copyright, trademark, and other laws.

8.2 License to Use Service

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Service for your personal or business purposes.

9. Third-Party Services

Our Service may integrate with or contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

10. Limitation of Liability

To the maximum extent permitted by law, in no event shall userpitch, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Service
  • Any conduct or content of any third party on the Service
  • Any content obtained from the Service
  • Unauthorized access, use, or alteration of your transmissions or content

11. Disclaimer of Warranties

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

userpitch does not warrant that: (a) the Service will function uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.

12. Indemnification

You agree to defend, indemnify, and hold harmless userpitch and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

  • Your use and access of the Service
  • Your violation of any term of these Terms
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right
  • Any claim that your User Content caused damage to a third party

13. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or delete your account through the account settings.

14. Governing Law

These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

15. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

16. Contact Us

If you have any questions about these Terms, please contact us at:

Email: warren@userpitch.ai