The terms that govern access to and use of PitchSense for business and professional use.
These Terms of Use ("Terms") govern access to and use of PitchSense, a service operated by HSV Media Private Limited, with its registered office at GF, Plot No. 36, Rama Road Industrial Area, Kirti Nagar, New Delhi 110015, India ("PitchSense", "we", "us" or "our").
By accessing or using PitchSense, you agree to these Terms. If you use PitchSense on behalf of an organisation, you confirm that you are authorised to use the service for that organisation.
PitchSense is intended for business and professional use.
Your organisation may have entered into an order form, master service agreement, data-processing addendum or other written agreement with PitchSense (collectively, the "Customer Agreement"). If these Terms conflict with a Customer Agreement, the Customer Agreement controls for that organisation's use of PitchSense.
You must:
Your organisation controls user invitations, roles, assignments and access permissions within its workspace.
Subject to these Terms and the applicable Customer Agreement, PitchSense grants you a limited, non-exclusive, non-transferable and revocable right to access and use the service for your organisation's internal business purposes.
You may not resell, sublicense, reverse engineer, copy, scrape or commercially exploit PitchSense except where expressly permitted in writing or by applicable law.
"Customer Content" includes learning materials, documents, presentations, roleplay prompts, recordings, transcripts, quiz responses, evaluations, manager notes and other information submitted to or generated through the customer's use of PitchSense.
As between PitchSense and the customer, the customer retains its rights in Customer Content. The customer grants PitchSense a limited right to host, process, transmit, reproduce and display Customer Content only as necessary to provide, secure, support and improve the contracted service.
The customer and its users are responsible for ensuring that they have the rights, permissions and lawful basis necessary to submit Customer Content to PitchSense.
PitchSense uses artificial intelligence to provide roleplays, evaluations, feedback, reports and other outputs ("AI Outputs").
AI Outputs may be inaccurate, incomplete, inconsistent or unsuitable for a particular purpose. You must independently review AI Outputs before relying on them.
PitchSense does not guarantee that an AI Output is factually correct, legally compliant, unbiased or fit for a particular decision.
Customer Content is not used by PitchSense to train any AI model. Commercial AI providers may process inputs and outputs under their applicable business/API terms, data-processing terms and retention settings.
PitchSense is a training, evaluation and decision-support tool. It is not an automated employment-decision system.
You and your organisation must not use PitchSense scores, evaluations or AI Outputs as the sole basis for hiring, termination, compensation, promotion, disciplinary action or another decision that produces a legal or similarly significant effect on an individual.
Appropriate human review, contextual assessment and an opportunity to correct or contest material errors must be provided where required by law or organisational policy.
You must not use PitchSense to:
PitchSense may suspend access where reasonably necessary to address a security risk, legal requirement, material breach or misuse.
PitchSense processes personal data as described in its Privacy & Personal Data Notice and, where applicable, the Data Processing Addendum.
Where a customer organisation determines the purpose of processing user or Customer Content data, the customer acts as controller or Data Fiduciary and PitchSense acts as processor or Data Processor.
PitchSense acts as controller or Data Fiduciary for limited data it processes for its own account administration, security, support, website operation, product analytics and legal compliance.
Each party must protect the other party's confidential information using reasonable care and may use it only for the purpose for which it was disclosed.
Confidential information does not include information that is publicly available through no breach, was lawfully known without restriction, was independently developed or was lawfully received from another source.
PitchSense and its licensors own the service, software, designs, documentation, trademarks and underlying technology, excluding Customer Content.
Any feedback or suggestions you provide may be used by PitchSense without restriction or payment, provided PitchSense does not identify you or disclose your confidential information without permission.
PitchSense relies on third-party cloud, AI, analytics and monitoring providers. Their services may be subject to separate terms and availability constraints.
PitchSense is not responsible for a third-party service that is independently selected, controlled or connected by the customer, except to the extent stated in the Customer Agreement.
Fees, payment terms, usage limits and taxes are governed by the applicable order form or Customer Agreement. Unless otherwise stated, fees are non-refundable except where required by law or expressly agreed in writing.
PitchSense or the customer may terminate access as provided in the Customer Agreement.
PitchSense may suspend an account or user where reasonably necessary to:
On termination, access ends and Customer Content is returned or deleted according to the Customer Agreement, retention schedule and applicable law.
To the maximum extent permitted by law, PitchSense is provided on an "as is" and "as available" basis.
PitchSense disclaims implied warranties of merchantability, fitness for a particular purpose, non-infringement and uninterrupted or error-free operation, except where such warranties cannot lawfully be excluded.
PitchSense does not guarantee any sales result, employee outcome, performance improvement, certification result or business impact.
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, exemplary, punitive or consequential damages, or for loss of profits, revenue, goodwill or data, arising from these Terms.
Except for liabilities that cannot lawfully be limited, each party's aggregate liability arising from these Terms will not exceed the fees paid or payable by the customer to PitchSense for the service during the 12 months preceding the event giving rise to the claim.
The Customer Agreement may specify different liability terms and will control where applicable.
The customer will defend and indemnify PitchSense against third-party claims arising from Customer Content, the customer's unlawful use of PitchSense or the customer's breach of these Terms, except to the extent caused by PitchSense's breach, negligence or wilful misconduct.
Any additional or mutual indemnities are governed by the Customer Agreement.
PitchSense may update these Terms to reflect service, legal or security changes. Material changes will be communicated reasonably in advance where practicable. Continued use after the effective date of updated Terms constitutes acceptance, except where a Customer Agreement requires another process.
These Terms are governed by the laws of India, without regard to conflict-of-law principles.
The parties will first attempt in good faith to resolve a dispute through written notice and discussion. If unresolved within 30 days, the dispute will be referred to arbitration under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration will be New Delhi, India; the language will be English; and the tribunal will consist of one arbitrator mutually appointed by the parties.
Courts in New Delhi will have jurisdiction for interim relief and matters that are not capable of arbitration.
HSV Media Private Limited
GF, Plot No. 36, Rama Road Industrial Area
Kirti Nagar, New Delhi 110015, India
Email: tech@hsv.digital