Terms of Use

Terms of Use

Welcome to PitchFit! By accessing or using our website at https://pitchfit.co and our apps and services (together, the “Service”), you agree to be bound by these Terms of Use (“Terms”) and all applicable laws and regulations, and you agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using or accessing the Service.

Eligibility & Accounts

You must be able to form a legally binding contract to use the Service. When you create an account, you agree to provide accurate information and to keep it up to date. You are responsible for safeguarding your account credentials and for all activity that occurs under your account.

Minimum Age

The Service is not directed at young children. You must be at least sixteen (16) years old to use the Service, or older where your country sets a higher minimum age for consenting to the processing of personal data or for entering into a binding contract. If you are below the age of majority in your place of residence but old enough to use the Service, you may only do so with the involvement and consent of a parent or legal guardian, who agrees to be bound by these Terms on your behalf. We may suspend or close any account where we reasonably believe the user does not meet these age requirements.

Use License

Permission is granted to temporarily access the materials (information, software, audio, and training content) on PitchFit’s Service for your personal, non-commercial use only. This is the grant of a license, not a transfer of title, and under this license you may not modify or copy the materials; use them for any commercial purpose; attempt to decompile or reverse-engineer any software; remove any copyright or proprietary notations; or transfer the materials to another person or “mirror” them on any other server. This license terminates automatically if you violate any of these restrictions and may be terminated by PitchFit at any time.

Acceptable Use

You agree not to misuse the Service. This includes not attempting to gain unauthorized access to the Service or its related systems, not interfering with or disrupting the Service, not using the Service to violate any law, and not sharing, reselling, or otherwise exploiting your account or access in a way not permitted by these Terms.

Health & Safe Use

The Service includes audio-based training and other interactive content. You are responsible for using the Service safely and appropriately for your circumstances and surroundings. Among other things, you should choose playback levels and session lengths that are comfortable for you, take breaks as needed, and not use the Service in any situation where doing so could be unsafe or distracting (for example, while driving or operating machinery). If you have any condition that may be affected by audio playback, prolonged screen use, or extended practice, or if you experience any discomfort while using the Service, you should stop and consult a suitably qualified professional. The Service is provided for training and general purposes only and is not medical advice. To the fullest extent permitted by law, PitchFit is not responsible for any discomfort, injury, or other adverse effect arising from your use of the Service.

User Submissions

The Service may allow you to submit or share content such as feedback, comments, recommendations, or other materials (“User Submissions”). You are solely responsible for your User Submissions and the consequences of sharing them, and you represent that you have all rights necessary to submit them and that they do not infringe any third party’s rights or violate any law. We do not guarantee confidentiality for any User Submission, and we may monitor, edit, refuse to publish, or remove any User Submission at any time, for any reason, without notice.

By providing a User Submission, you grant PitchFit a worldwide, non-exclusive, royalty-free, transferable, and sub-licensable license to use, reproduce, adapt, publish, and display that User Submission in connection with operating and promoting the Service, to the extent permitted by applicable law. You retain ownership of your User Submissions.

Subscriptions & Billing

Certain features of the Service are offered on a subscription basis. By purchasing a Subscription, you authorize us (and our payment processor) to charge the applicable fees to your payment method. Unless otherwise stated, Subscriptions renew automatically at the end of each billing period at the then-current price until you cancel.

We may change our prices from time to time. Any price changes apply only to billing periods after the change takes effect and, where required, after notice to you.

Full details of trials, automatic renewal, payment, and cancellation are set out in our Subscription Policy, which forms part of these Terms.

Cancellation Policy

You can cancel your Subscription at any time from your account settings. To stop the next automatic renewal, you must cancel at least one (1) day (24 hours) before your renewal date. If you cancel within the 24 hours before renewal, that upcoming renewal may still be charged and your cancellation will take effect from the following billing period instead. Cancellation stops future renewals; your access continues until the end of your current billing period and then ends without further charges. Cancelling does not by itself entitle you to a refund except as set out in our Money-Back Guarantee Policy or as required by applicable law. Step-by-step cancellation instructions are in our Subscription Policy.

Money-Back Guarantee & Refunds

We offer a money-back guarantee because we are confident that consistent ear training with PitchFit improves your ear. The full terms are set out in our Money-Back Guarantee Policy. In summary:

  • One-off (fixed-fee) products are non-refundable.
  • The guarantee applies only to first-time Subscriptions of one (1) month or longer purchased directly on the Website. Renewals and shorter periods are not eligible.
  • To qualify, you must email us within thirty (30) days of your initial purchase, and you must have recorded a PitchFit streak on at least twenty-one (21) consecutive days within the first 30 days after purchase (the “Streak”). A day counts toward your Streak when you complete a qualifying activity in the app for that day (such as a training session or a game), as measured by the Service; missing a day resets the Streak.
  • We do not issue partial refunds for unused subscription days outside this guarantee.
  • Where local consumer-protection laws grant you additional refund rights, those laws prevail to the extent they apply.

If there is any conflict between this summary and the Money-Back Guarantee Policy, the Money-Back Guarantee Policy governs.

Privacy & Cookies

Your use of the Service is also governed by our Privacy Policy, which explains what data we collect and how we use it. We use cookies and similar technologies as described in our Cookie Policy. Where required by law, we ask for your consent before setting non-essential (analytics and advertising) cookies, and you can withdraw that consent at any time.

Intellectual Property

The Service and its original content, features, software, audio, and functionality are and will remain the exclusive property of PitchFit and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks may not be used in connection with any product or service without our prior written consent.

Disclaimer

The materials and Service on PitchFit’s website are provided on an ‘as is’ basis. PitchFit makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. PitchFit does not warrant that the Service will be uninterrupted, error-free, or that any particular training outcome or improvement will be achieved.

Limitations

In no event shall PitchFit or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Service, even if PitchFit or a PitchFit authorized representative has been notified orally or in writing of the possibility of such damage.

To the fullest extent permitted by law, PitchFit’s total liability arising out of or relating to the Service or these Terms will not exceed the greater of the amounts you paid to PitchFit in the twelve (12) months before the event giving rise to the claim, or EUR 100. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability, so some of the above limitations may not apply to you, and nothing in these Terms limits liability that cannot be limited under applicable law.

Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless PitchFit and its affiliates, officers, employees, and agents from and against any claim, demand, loss, or liability, including reasonable legal fees and costs, made by any third party arising out of or in connection with your breach of these Terms, your misuse of the Service, your User Submissions, or your violation of any law or third-party right.

Dispute Resolution

Before bringing any formal claim, you agree to contact us at [email protected] with a description of your dispute and your contact information, so that we can try to resolve it informally.

To the fullest extent permitted by applicable law, any dispute between you and PitchFit will be resolved on an individual basis only. You agree that you will not bring, join, or participate in any class, collective, consolidated, or representative action, and that your claims will not be combined with those of any other person, without the written consent of all parties affected.

Nothing in this section limits any mandatory rights you have under the consumer-protection laws of your country of residence, which prevail to the extent they apply. If any part of this section is found unenforceable, that part will be severed and the remainder will continue to apply.

Accuracy of Materials

The materials appearing on PitchFit’s website could include technical, typographical, or photographic errors. PitchFit does not warrant that any of the materials on its website are accurate, complete, or current. PitchFit may make changes to the materials at any time without notice.

Links

PitchFit has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by PitchFit. Use of any such linked website is at the user’s own risk.

Force Majeure

PitchFit shall not be liable for any failure or delay in performing its obligations under these Terms where the failure or delay results from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, fire, flood, war, civil unrest, terrorism, strikes or labor shortages, failures of telecommunications or internet infrastructure, power outages, cyber-attacks, or the acts or omissions of third-party suppliers, for so long as such event continues to affect performance.

Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for conduct that we believe violates these Terms or is otherwise harmful to other users, to us, or to third parties. Upon termination, your right to use the Service ceases immediately.

Survival

Any provisions of these Terms that by their nature should survive termination will survive, including but not limited to the sections on Use License, Intellectual Property, User Submissions, Disclaimer, Limitations, Indemnification, Dispute Resolution, Governing Law, and this Survival section.

Assignment

You may not assign or transfer these Terms, or any of your rights or obligations under them, without our prior written consent. We may assign or transfer all or part of our rights and obligations under these Terms to any affiliate or successor, or in connection with a merger, acquisition, reorganization, or sale of assets, without your consent. These Terms bind and benefit the parties and their permitted successors and assigns.

Electronic Acceptance

By clicking a button or checkbox labeled “I agree,” “Submit,” “Subscribe,” or similar, or by otherwise accessing or using the Service, you are providing a legally binding electronic signature and agree to be bound by these Terms. You consent to receive notices, policies, and records relating to the Service in electronic form, and you agree that electronic records and signatures have the same legal effect as paper records and handwritten signatures to the extent permitted by applicable law.

Modifications

PitchFit may revise these Terms at any time without notice. By continuing to use the Service after revisions become effective, you agree to be bound by the updated Terms.

Entire Agreement; Severability; No Waiver

These Terms, together with the policies referenced in them (including the Privacy Policy, Cookie Policy, and Money-Back Guarantee Policy), constitute the entire agreement between you and PitchFit regarding the Service and supersede any prior agreements on that subject. If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will continue in full force and effect. Our failure to enforce any provision or to act on any breach does not waive our right to enforce that provision or to act on any later breach.

Governing Law

These Terms are governed by and construed in accordance with the laws of Cyprus, and you irrevocably submit to the exclusive jurisdiction of the courts in that location, without prejudice to any mandatory consumer-protection rights or protective jurisdiction available to you under the law of your country of residence.

Contact

If you have any questions about these Terms, please contact us at [email protected].