pitchsee

Terms of Use

WELCOME!

We are PitchSee, a game-changing platform that removes barriers and enables fast realization of projects. We connect investors and investment seekers all over the world!

PitchSee is built to connect the best from both worlds, investors & masterminds. But on that path, we do not want to forget those who are working for the welfare of all of us, non-profit organizations - we stand behind them because we cherish the same intention to make the world a better place.

We are not an investment advisor and we do not provide any kind of investment-related services. Therefore, we urge you to keep liable for your projects and your money.

In that line, we recommend you take care of the following things:

  • If you enter any conversation with other users – potential business partners on our web page, we will not monitor or follow-up the content or such conversation and we recommend you make all checks you would usually deem necessary when entering the business conversation and/or negotiations and/or deals with your business partners.
  • Please take care of personal, business, financial and confidential data you share with other users and public on our web page.
  • Please take care of other persons who accidentally or intentionally might have access to your PitchSee account.
  • Please beware of your privacy on PitchSee and of your possibility to manage profile settings according to your needs and preferences.
  • Do not hesitate to report to us any suspicious of irregularities, unethical or unlawful behavior of other users. We will do our best to examine your report and, if needed, to suspend such user, as well as take all in our power to prevent such situations in the future. However, beware that we do not undertake any liabilities except the ones that are, according to these Terms of use, within our explicit scope.
  • When your visit to PitchSee results in business negotiations and/or business deal and/or any kind of business opportunity with another User or might lead to such result, you are highly encouraged to engage and consult professional legal, tax, financial and similar kind of advisors since PitchSee does not provide such kind of service.


In the end, let us imagine for a moment that we can put all legal terms and conditions aside… you would like to find honest, ethical and reliable business partner here, right? So, we believe you will lead by example.

We want you to have an amazing experience using PitchSee and we are here for you if we can make it even better!



SCOPE OF APPLICATION


These Terms of use contain rights and duties which you fully accept by activating the account on PitchSee. Registration of your profile on PitchSee implies that you have read and understood them.

These Terms of use apply to all subscribed users on PitchSee – Pitchers, Investors and Non-profit organizations.

PitchSee does not create the service for any consumers, but only B2B (business to business) relations. Therefore, PitchSee’s users do not have legal status of consumer and the service provided by PitchSee does not fall under consumers’ rights and obligations. This also relates to interested private users with registered account since service for them will be free-of -charge.



DEFINITIONS


For better understanding of these Terms of use, the following definitions will have the following meaning:


Definition Meaning
“PitchSee” means platform/search engine on web domain pitchsee.com, owned by the limited liability company PitchSee, having the registered seat in Zagreb (Republic of Croatia), registered with the Court Registry of the Commercial Court in Zagreb under the registration number 081360287;
“Terms of Use” means this legal act representing the obligatory contractual agreement between PitchSee and user.
“User” means user having the registered profile on PitchSee – Pitcher, Investor and Non-profit organization (NPO).
“Service” means service offered provided within one subscription period by PitchSee to user on PitchSee platform.
“Compensation” means compensation for each service offered on PitchSee.


SERVICES AND COMPENSATION


PitchSee offers most of its services totally free of charge for the Pitchers and NPOs. You can find all services and related compensations (where applicable) available on the following links:
Pitchers
NPO
Investor
PitchSee will inform the user, who subscribed to any of chargeable services, of expiration of the subscription at least 1 month before the expiry of subscription. By subscribing, the user authorize us to automatically charge continuation of subscription for following subscription period using the payment method they entered in the registration process, unless they cancel before the expiry of the current subscription period.



ACTIVATION OF THE ACCOUNT


If the user creates the account as an individual (not as a company or similar kind of legal person), by registering the account the user warrants to be 18 years of age or older.

In order to register, the user will issue a username and password whereas the password will be known only to him. The registration is completed by a proof of user’s existence which is usually done by email confirmation.

Visitors who are not subscribed will have limited approach to the PitchSee's content to the extent necessary to get the general impression on content and features of the service.

Activation period for the users – Investors is within 24 hours as of the moment when the payment of the service made by the user is visible to PitchSee, after which PitchSee will deliver the confirmation email to the user.

Activation period for the users – Pitchers and/or NPO's is within 35 days as of the moment when the user makes first activation steps and submit to PitchSee all materials necessary for full activation of the subscription, as it follows:


  • Pitchers and/or NPO’s have, as of the moment of registering and creating the account, 28 days to upload the video and enter project details, whereas the video will need to satisfy the following requirements:
    • the video needs to meet all necessary technical requirements, whereas the user will be pointed to specific technical requirements within the registration procedure
    • the video should not have any illegal and/or unethical content, which would especially mean the following:
      • would support any illegal and/or unethical behavior,
      • would manifest and/or support any violent and/or discriminatory behavior,
      • would represent a marketing fraud and/or fake information,
      • would support infringing anyone's rights and legitimate interests,
      • would be offensive and/or represent a slander,
      • any other content that would represent and/or support infringement of anybody's rights,
      • any other content that PitchSee would find inappropriate,
    • the video can have the identification elements such as logotype and/or Pitcher’s name and/or name of Pitcher’s brand and/or company and/or display of the person who owns the company/brand and similar, but exclusively without presence of any Pitcher’s contact data (including, but not limited to address and/or phone/mobile numbers and/or e-mail addresses and/or links to web-pages and/or social media).
    • the video uploaded by the Pitcher and/or NPO needs to be clear, including but not limited to the following requirements:
      • the project presented in video needs to be understandable i.e. ordinary User should be in position to understand what is the business project behind it,
      • the video should be audible i.e. having the clear tone without noises, whereas the messages should neither be pronounced too fast, nor too slow.
    • the video uploaded by the Pitcher needs to meet the Pitchsee’s purpose, including but not limited to the following requirements:
      • the video needs to reflect serious intention of the User who uploaded it to enter into business arrangement with potential investor; PitchSee will not accept presenting the general and/or potential idea and/or idea that it any way indicates that the User who uploaded the video does not have worked out project or worked out idea of project development,
      • the video should not leave any doubts from the view of ordinary person that the project is realistic/performable having in mind current state of art and/or science and/or technology
      • the video needs to be eligible commercial match for potential Investor meaning that it should reflect the business idea final aim of which is making the financial profit, while video uploaded by NPOs can have a non-commercial purpose.
  • In addition to requirements set out in previous point, Pitchsee reserves the right, after reviewing each particular uploaded video, to prohibit its publishing for any other reason for which the video would be found illegal and/or unethical and/or inappropriate and/or not meeting the PitchSee’s purpose.
  • If the Pitcher and/or NPO would not upload the video and enter the project details within 28 days as of the date of creating the account, upon expiry of 28-day-term PitchSee will automatically erase the user’s account, whereas the user has a possibility to go through the registration procedure again. Before expiry of 28-day-term, PitchSee will send a reminder email to the user.
  • If the Pitcher and/or NPO would upload the video and enter the project details, PitchSee will have minimum 3 and maximum 7 days to review whether the video satisfies the requirements,
  • After the content check is performed, PitchSee will either approve the video and label it with PitchSee’s watermark after which the video will be published and visible to other Users and visitors or will inform the Pitcher and/or NPO that the video had not successfully passed the content check. In that case, PitchSee will provide the User with the report indicating what video features and/or content should be repaired in order to satisfy the requirements, after which the Pitcher and/or NPO will have a possibility to go through the procedure once again In case where the Pitcher and/or NPO would not satisfy the requirements in course of second attempt, PitchSee reserves the right to close the possibility for further attempts of presenting the same project.

The User has a right, at any time, to fulfil and/or amend and/or deactivate the user’s profile or service by managing its user's profile settings. In case where the User wouldteh deactivate the profile or service before the expiry of the subscription, it does not give them any right to partial and/or full refund of the Compensation.



LIABILITY; COMPENSATION OF DAMAGES


PitchSee is liable for:

  • providing the service as defined,
  • equally treating all visitors and users within the same category.

PitchSee is liable only for those potential misconducts if they are committed by intent or by gross negligence. PitchSee will not be held liable for misconducts resulting from ordinary negligence.


PitchSee is not liable for:

  • results in finding the matching users,
  • content and/or accuracy of facts and/or transcriptions and/or translations in promotional materials delivered by the users,
  • accuracy of the additional translations provided by the official witness experts,
  • ensuring any kind of the discount and/or monetary and/or non-monetary profit and/or any other business advantage as a result of using PitchSee,
  • any inaccurate data published on user's profile,
  • any substantial and/or legal insufficiency of the project or data presented on PitchSee (including but not limiting the cases where the user misrepresents the circumstances related the project, steals somebody else’s business idea or represents the project infringing somebody else’s intellectual privacy rights, etc.),
  • any potential obligation to make the profit via PitchSee platform for the users and/or to make any potential business advantages and/or saving the potential costs because of using the service,
  • legal representation of the users in course of legal transaction and/or any other legal relation which might result between them because of the activities undertaken and/or service consumed on PitchSee,
  • invalid and unlawful performance of obligations between the users who met on PitchSee, such as payment obligation and/or delivery of conforming services and/of goods between the users,
  • any kind of unethical and/or unprofessional behavior of the users,
  • user's misrepresentation of the identity and/or other facts published by the users on PitchSee,
  • users’ non-compliance with any kind of regulatory requirements,
  • temporary unavailability of the service due to technical maintenance, installation(s)/modification work on PitchSee platform as well as continuous operation of technical equipment (e.g., for the user's Internet access) or third-party applications (e.g., the availability of a third-party App Store).

The user, in any case, undertakes full liability for entering any kind of contractual or other legal relation with other users met on PitchSee. Under no circumstances does PitchSee undertake any liability for the behavior and/or performance of rights and obligations in contractual relations and/or negotiations between the registered users.

Users undertake the full liability for accuracy and lawfulness of all data published on user's profile. PitchSee has developed and implemented the Privacy policy which needs to be read and accepted before the subscription and which is available here. Privacy policy defines in more details the rights and obligations regarding the users' data.

Notwithstanding the fact that the users will be exclusively held liable for their own activities anyhow connected with PitchSee, all users are encouraged to report to PitchSee any bad experience and/or suspicion on any irregular and/or unethical activity of other users. PitchSee reserves the right to further examine such reports and to bring independent decision whether to suspend the account of the reported user, considering how reported occasions might affect the quality of the service and/or reputation of PitchSee.

Would any third party, including but not limiting to state regulatory bodies, find PitchSee liable for any circumstances listed here as falling out of scope of PitchSee's liability toward users, the user in matter will, upon first PitchSee's call, undertake the liability for all monetary and non-monetary claims that any third party had directed toward PitchSee. In case where PitchSee would be obliged, for any reason, to make any payments/compensations in kind or any other kind of remuneration for the circumstances falling out of the scope of PitchSee's liability, the user in matter will remunerate PitchSee for the paid amount increased for interest rate.



SUSPENSION OF THE ACCOUNT


PitchSee has a right to unilaterally suspend the user's account with the immediate effect if the user repeatedly or seriously violates these Terms of use or if the user commits any other misconduct that has already affected or might affect in the future the reputation of PitchSee and/or credibility of the service.

If any other user seeks for the suspended user, it will be shown that the profile is not active anymore.

In case where PitchSee would suspend the user's account according to this clause, it is entitled to keep the compensation paid for entire subscription period. Besides, PitchSee will be entitled to all other damages incurred thereof, including but not limited to all material damages, reputation and goodwill loss, as well as compensation for third party claims initiated against PitchSee due to user's activities and/or omittances.

PitchSee has a right, but is not obliged to, allow to the suspended user activating the subscription in the future.



INTELLECTUAL PROPERTY RIGHTS


PitchSee will be entitled to use all promotional videos delivered by the users – Pitchers and/or NPOs within their subscription period.

During the subscription period the users – Pitchers are entitled to use the promotional video materials delivered to PitchSee outside PitchSee platform only together with PitchSee's logo or link to PitchSee's webpage, subject to the following criteria:

  • Pitchers should obtain prior explicit approval from PitchSee together with the instructions for using PitchSee's logo,
  • approval obtained from PitchSee is deemed valid until the Pitcher obeys the given instructions for using PitchSee's logo.

NPOs can use promotional video materials without restriction.

User is entitled to use PitchSee's logo with the purpose of presenting the cooperation and/or connection with PitchSee as a business reference in the following cases:

  • at user’s web page or promotional materials,
  • in the signature of user's business emails or visit cards for the purpose of presenting the user's presence in PitchSee's network,

whereas PitchSee reserves the right to, without limitations, prohibit with immediate effect one or all aspects of the user's usage of PitchSee’s logo if PitchSee would find such usage unlawful, inappropriate or unwanted for any reason.



The user is prohibited from:

  • granting third parties, other than authorized employees, the access to PitchSee platform,
  • copying, displaying or mirroring components or contents of the PitchSee except for the purposes listed in this article,
  • carrying out reverse engineering of PitchSee, e.g., in order to create a competing product or service. The information obtained from PitchSee may not be sold, rented or otherwise made available to third parties at any time.

The user is responsible for monitoring the use of the PitchSee platform by its users (e.g., employees) and for immediate notifying PitchSee of any use which would go beyond the Terms of use or any kind of prudent behavior.

PitchSee is granted the simple, free of charge, irrevocable and locally, temporally and materially unlimited as well as transferable and sub-licensable right to use, exploit, process, aggregate, analyze, reproduce, modify and further develop any data on the usage behavior, feedback and suggestions of the users regarding the PitchSee platform, e.g., to improve the PitchSee platform or to develop further products and services.



CUSTOMER SERVICE, INFORMATION DELIVERY


PitchSee is available to the users on the following contact data: [email protected]

PitchSee will provide the answer to user's inquiries as soon as possible, but not later than 15 days as of the day of receipt.

All communication, information, updates etc. will be sent to contact data that user had provided in its user's profile. In case of change of any contact data, the user is due to make necessary amendments in user’s profile without delays.

All information sent to the user will be deemed validly sent if it is sent on contact data delivered in user's profile. User will be held liable for all damages incurred by providing invalid or outdated contact data or by omitting to regularly check accuracy and/or to update the contact data.



DISPUTE RESOLUTION; LANGUAGE


All disputes arising out or in connection with these Terms of use and/or performance of rights and duties arising out or in connection with the service and/or arising out or in connection of using PitchSee platform, including but not limited to (in)validity, breach or termination or any legal consequences arising thereof will be firstly resolved in front of Mediation Protocol of Croatian Chamber of Commerce.



The attempt will be deemed unsuccessful, and the parties will be authorized to commence court proceedings in following occasions:

  • if PitchSee and the user do not reach agreement within 30 days as of the day when another party received the request for mediation,
  • if one of the parties or both parties mutually declare after the first mediation meeting that they are not willing to proceed with the dispute resolution in mediation proceedings.

The parties are willing to be present in mediation meeting either online, or in person, upon decision of each party for itself.

If one of the parties would not attend the first mediation meeting without justification or would obstruct the meeting in any other manner, the second mediation meeting will be convened within 15 days. If the second meeting would be unsuccessful due to same reason, the mediation proceedings will be deemed finished and another party will be authorized to file the lawsuit in front of the competent court.

In such case, the obstructing party will be due to compensate all the costs incurred by the mediation proceedings, notwithstanding the outcome in further proceedings. In all other cases, each party will bear its own costs of the proceedings, unless agreed otherwise.

Would the parties not succeed to resolve the dispute in mediation proceedings, the dispute will finally be resolved in front of the competent court in Zagreb, Croatia.

Law applicable to these Terms of use is substantive law of the Republic of Croatia, excluding the collision provisions.

The language of this Terms of use is English. All potential disputes arising out or in connection to these Terms of use will be resolved in English language.

This clause is related strictly to the disputes between PitchSee and user, having no prejudice to dispute resolution and applicable law in potential disputes that the users might have between themselves.



MISCELLANEOUS


These Terms of use are regularly updated with purpose of further clarifications if needed and/or in order adapt the Terms of use to possible amendments and improvements of service.

All updates will be created and published in the same manner as these Terms of use. All users will be specifically informed of any amendment of Terms of use either in first next occasion when they visit PitchSee, or via e-mail.

Each amendment of these Terms of use will designate the date as of which the amendments will be applicable.


Updated on March 31st, 2021

Launch date fall 2012.