This AGREEMENT is represented in United States of America by PITCHWINK LLC, herein quoted as CONTRACTED. You, the individual or company is quoted as the CONTRACTOR.
Clause A – SCOPE
PITCHWINK is the registered trademark of CONTRACTED and refers to the mobile marketing and connectivity communication platform that provides technology services where the CONTRACTOR can manage multiple communication channels and acquire services on demand. If the CONTRACTOR does not agree with the terms in this instrument, DO NOT click the “Create Account” button in the “Test Account Creation” area or in any area of the platform (http://www.pitchwink.net or https://pitchwink.com) where the same be and DO NOT use the services available on our platform or website. In case the CONTRACTOR uses the services provided by the CONTRACTED, the CONTRACTOR will be giving an acceptance and agreeing to the terms in this AGREEMENT.
Clause B – DEFINNITIONS
The terminologies quoted below are contained in this AGREEMENT and indicate the following definitions:
The geographical area in which a mobile device or cellular device has reception / coverage by the radio system and communication antenna, the base radio station;
Vehicles by which data transmission is occurring, such as: SMS, MMS, Voice, E-mail, QR Codes or any other channel that is on the platform;
Nomenclature given to the set of activities and resources administered and managed under an account of the CONTRACTOR’s responsibility within PITCHWINK;
Currency used to contract PITCHWINK services; The credits are valid for one year and after this period the CONTRACTED may expire them.
Individuals who explicitly authorized the CONTRACTOR to send MESSAGE(S) to their mobile devices or other devices which can receive the MESSAGE(S);
PITCHWINK’s identification code; Message(s)
Short text messages (SMS), Multi-media messages (MMS), Voice messages recorded or vocalized via text converter (TTS), E-mail messages and Push messages (sent over a data connection for smart mobile devices and others);
Mobile Marketing and Connectivity Platform offered by the CONTRACTED that provides technology services where the CONTRACTOR can manage and manage multiple communication channels;
MOS (Mobile Operating System)
Operating system that manages mobile devices like: tablets, smartphones, PDA and others. Popular brands include: Android, Blackberry, IOS, Windows Phone, Firefox OS, Sailfish OS, Symbian, Tizen, Ubunto Touch OS, among others;
Cellular mobile phone company(ies) (SMP / SMC); E-mail Box Providers
E-mail box providers that receive, send, accept, and store end-user e-mail. Password
Security code for authentication of CONTRACTOR in PITCHWINK; Spam
The practice of sending MESSAGE(S) not requested and / or authorized by the RECIPIENT(S);
Clause C – CONTRACTING OBJECT
The CONTRACTED’s purpose is to lease a test account, during the period of 7 (seven) days, and may be extended, if available at the time.
During this period, the CONTRACTED will freely assign 10 (ten) CREDITS to the CONTRACTOR, in order to assist in the use of the communication channels and resources available in PITCHWINK. Specifically, for the use of campaigns for publishing on social networks, the CONTRACTOR can preview or ask the CONTRACTED to demonstrate how the publication is done and any of the social networks that exist on the platform. The same applies to PITCHWINK WORKFLOW function.
Once the CONTRACTOR realizes the purchase of CREDITS or any other service(s) in PITCHWINK, it will be in agreement with the obligations here found in “CLAUSE E – THE OBLIGATIONS OF THE CONTRACTOR “. Likewise, the CONTRACTED will be adhering to “CLAUSE D – OBLIGATIONS OF THE CONTRACTED”.
Clause D – OBLIGATIONS OF THE CONTRACTED
The CONTRACTED undertakes to:
Provide the CONTRACTOR, access data: ACCOUNT, LOGIN AND PASSWORD; for access to PITCHWINK; Provide a secure technology environment with PITCHWINK access equal to or greater than 99.6%; Guarantee the sending of the MESSAGE(S), except for unforeseeable circumstances or force majeure;
Do not use the registrations and (or) MESSAGE(S) sent by the CONTRACTOR’s ACCOUNT, for purposes other than the object of this AGREEMENT;
Clause E – OBLIGATIONS OF THE CONTRACTOR
The CONTRACTOR undertakes to:
Obtain prior and express authorization from the RECIPIENTS who will receive the MESSAGES sent through PITCHWINK;
Be wholly responsible for the content of the MESSAGE(S) sent, responding to it in court or outside it, for which it exempts the CONTRACTED unconditionally, from any liability whether jointly or severally, for any and all claims, complaints, representations and lawsuits of any kind or nature, regarding the services and contents whose supply is the responsibility of the CONTRACTOR including the claims of RECIPIENTS in the event of disclosure of their information that is confidential.
To guarantee to the CONTRACTED that the contents of the MESSAGE(S) do not violate the intellectual property rights of third parties (regardless of country), trademarks, trade secrets or other rights of third parties, including the dissemination of ideologies, motivations policies, religious propaganda, chains of thought, disclosure of carrier services, pornography or inappropriate content for minors under 18 years of age. The same applies to the development and application of computer systems used and also that do not constitute an infringement of any legal provision, keeping the CONTRACTED abreast and safe from any future doubt or challenge with regard to the provisions of the previous clause, reason why it is excluded its responsibility, be of solidarity or subsidiary order.
The CONTRACTOR undertakes to obtain, together with the RECIPIENTS of the messages, the prior authorization, for sending them. The CONTRACTOR’s authorization can be obtained through different forms such as registration through the internet, telephone, point of sale or otherwise, provided that the user’s cellular number has been provided by the user directly to the company, not having been obtained from third parties. In addition, there must be a clear way to unsubscribe from the user.
Immediately notify the CONTRACTED of the theft, disappearance of the password of the means (s) of access to PITCHWINK.
Clause F – REMARKS
The CONTRACTOR declares to be aware that the service object of this CONTRACT will be available in the COVERAGE AREAS, except for the technical impossibilities of the respective OPERATORS. This reservation is valid for SMS, VOICE and EMAIL when it is opened in a cell phone.
The CONTRACTED shall not be liable for any fraud which may occur in the path of the MESSAGES after the exit of PITCHWINK. Likewise, the CONTRACTED is not responsible for the guarantee of confidentiality, as well as for the occurrence of interception of the information, when they are traveling in the network of the OPERATORS, in the case of SMS, VOICE and mobile devices that will receive e- mails.
The CONTRACTED is solely responsible for the transfer of the MESSAGE(S) sent by the CONTRACTOR to the OPERATORS, and cannot be held responsible for the receipt of the RECIPIENTS, due to the occurrence of any fact or situation that prevents such activity, such as:
absence or degradation of coverage, permanent or temporary provided by the local mobile telephone company;
for equipment failure of these companies; by power failure and or transmission; because of mobile service blockades;
find the recipient in an analog coverage area;
find the recipient with a mobile terminal disconnected or outside the coverage area of the OPERATORS; by cancellation of activity with the opt-out mechanism or programs of the OPERATORS;
by any other technical impossibility;
The CONTRACTED is not responsible for any claims, complaints, representations and lawsuits of any kind or nature as to the content of the MESSAGE(S) to be sent, which is the responsibility of the CONTRACTOR.
The CONTRACTOR declares to be aware that the transmission to all the recipients at the same time, may be lapse of a few hours, if there are problems in the transmission equipment of the Internet or the OPERATORS.
You will only be sent MESSAGE(S), according to the conditions below:
SMS – up to 160 (one hundred and sixty) alphanumeric characters, including identification of the sender, if any, except in countries where our channels support higher sizes.
VOICE – up to 30 seconds maximum;
EMAIL – up to one hundred thousand characters.
The CONTRACTOR is aware that the amount of characters capable of being received by SMS depends on the model and brand of the RECIPIENT’s mobile device.
The CONTRACTED shall not be liable for any result, business, service or any other activity not fulfilled or not performed due to the non-receipt of the MESSAGE(S) by the RECIPIENT(S).
Access to PITCHWINK must be done through a connection to the Internet.
The costs for the connection of any kind (tuition, telephone traffic, required hardware) are completely the responsibility of the CONTRACTOR.
The MESSAGE(S) shall be mandatorily generated only from the system(s) developed and used by the CONTRACTOR.
The CONTRACTOR is responsible for any html code that is developed outside the CONTRACTED’s platform. The CONTRACTED is solely responsible for the codes created through the html editor of its own tool and not of third party tools or programming. In case of any incompatibility, errors or poor visualization in codes made outside the tool, the responsibility will be the CONTRACTOR.
The CONTRACTOR undertakes to bear any, and all expenses and / or penalties imposed on the CONTRACTED in the event of non-compliance with the clauses established herein and shall be bound to bear the demands of the OPERATORS and RECIPIENTS.
Clause G – CONCESSIONS
For use of the PITCHWINK test account, the CONTRACTOR shall not pay the CONTRACTED any value.
To purchase credits for use of the PITCHWINK platform (prepaid), the CONTRACTOR shall opt for the definitive CONTRACT, accessing the platform, and choose the plan that suits him best.
The unit value of the credit is set on a daily basis on the PITCHWINK platform.
Ten (10) credits will be granted to the CONTRACTOR for the evaluation of the test account, during the term stated in Clause (C), and can be used on any channel of the platform, provided that this channel has its charge through the debit in credits.
Will be debited from the stock of CREDITS of the CONTRACTOR all the MESSAGE(S) transferred by PITCHWINK, regardless of the receipt of the RECIPIENT or error in the OPERATORS.
Clause H – CONDITIONS OF USE FOR POSTING IN SOCIAL MEDIA
Depending on the number of Posts purchased on each purchase, they will have an expiration date to be served according to the following table:
1 Posting, up to 30 calendar days after payment. 4 Posts, up to 45 calendar days after payment.
8 Posts, up to 60 calendar days after payment.
64 Posts, up to 180 calendar days after payment. 128 Posts, up to 365 calendar days after payment.
Note: Purchased quantities on different purchases do not characterize a new range in the validity table. Unused postings within the expiration date will be canceled and can no longer be used.
There will be no reimbursement for Posts canceled due to expiration of validity.
This is considered a Qualifying Post, any post that is served within a specific Social Media campaign.
It should be noted that posting on different social media within the same campaign count as two different posts.
Within a single campaign and for the same Social Media, a single Post is charged.
With this, the user can perform corrections without having to pay again for this. It should be noted, however, that these corrections have 5 calendar days to be carried out from the first Posting in the said Social Media. From the sixth day running, even in the same campaign and in the same Social Media, a posting of the available ones will be charged if a new one is made.
After publication in the social network, in case the CONTRACTOR wishes to boost its post in the social network, it should contact the CONTRACTED to hire a consultant to carry out this work.
It is important to note that the cost of publishing does not include the investment of boosting the campaign in any of the networks.
For the creation of any social network campaign, the PITCHWINK platform provides a responsive HTML editor, video repository, QR Codes repository, group and contact register that can be inserted into the post and captured inside the platform, images with links and also several graphs that are generated because the platform tracks any and all clicks made on the posts that have been published in the social network.
Clause I – PITCHWINK WORKFLOW
PWW – All functions contained in PITCHWINK WORKFLOW.
Action – Represents a box in PWW, which contains a process to be executed. For example, a call to an SMS campaign on Demand.
Level – Can represent an initial Action, or an Action derived from another, this is, a Trigger in the Preceding Action triggering a new Action. This new Action represents an additional Level.
Licensing Form: PWW Licensing is for a single company, or for a single branch of a company or for a single natural person.
For Companies that use PITCHWINK to provide services to third parties (other companies or individuals), PWW shall be used for each of them in different Accounts, and it shall not be permitted to use the same Account to serve different third parties.
PWW is licensed for a period of time, in months, and by the number of levels that may be used.
This set of information is explicit in the upper left-hand corner of the PWW. First, there are the number of months and then the contracted Level (2L = Two Levels, 3L = Three Levels and ML = Numerous Levels)
The messages sent in PWW imply credit debit as the other messages sent in other PITCHWINK functions.
Failure to Pay PWW: Failure to pay immediately implies discontinuance of the execution of any PWW Action for the Account in question.
If PWW is no longer paid for more than two (2) months, all models created in the PWW for the Account will be deleted, and the user must redo their models in the case of payment resumption.
Clause I.1 – CONDITIONS OF USE FOR WHATSAPP MESSAGES
PITCHWINK sells the WhatsApp message service for a period, in exclusive lines and in two modalities:
- BASIC: Sends individual and group messages, including texts, pictures and files, limited to 100 messages per Group per day or 100 individual
Messages for Groups count as one (1) message, regardless of the number of recipients that the Group contains. For example: If the user has 100 groups with 200 recipients each, up to 20,000 messages per day can be reached.
This mode does not allow receiving responses from the messages sent, nor the choice of custom avatar, nor can the line number be chosen, which will be provided by PITCHWINK at its discretion.
Clause J – CONFIDENTIALITY
Both the CONTRACTED and the CONTRACTOR are obligated by themselves or by any person related to them to maintain confidentiality and confidentiality regarding any information, documents or technical data owned by the other party, whether or not they are legally protected, to which they have access. by the present hiring and by virtue of the permanence in its facilities.
This obligation of confidentiality shall survive for a period of 03 (three) years from the date of termination or termination of this CONTRACT. The parties undertake to respect the confidentiality of the data and information that the other party transfers or facilitates for the fulfillment of this CONTRACT as well as everything that refers to the service contracted or to its execution. In case of breach of this obligation by any of the parties or by any of its employees, representatives or representatives, the other party shall be entitled to claim and demand, according to the applicable legislation, the corresponding indemnity for all damages caused.
Clause L – TERMINATION
Breach of any obligations contained in this AGREEMENT;
Occurrence of a fortuitous or force majeure event, regularly proven, preventing the provision of the service;
Bankruptcy, dissolution or judicial or extrajudicial liquidation, homologated, of both parties.
This CONTRACT terminates in 7 (seven) days after its creation, this being the total time of use of the test account, or for an indefinite period, if the CONTRACTOR, purchases Credits or Any Service in PITCHWINK.
Clause M – GENERAL PROVISIONS
You must not establish any employment relationship or outsourcing of services between the CONTRACTOR’s and the CONTRACTED’s employees.
The liability of the parties ceases in the case of force majeure and by acts of government.
The tolerance or non-exercise by any of the parties of rights granted to them in this AGREEMENT or in the general law will not matter in renouncing those rights or novation of obligations.
Clause N – CHANGES IN THE TERM
The CONTRACTED may at any time, from free initiative change this TERM and with each change in it, the CONTRACTOR shall give new “Accept” after logging on the platform;
Clause O – LEGAL ISSUES
To resolve the issues arising from this AGREEMENT, the court of the city of Tampa in Florida shall be competent, to the exclusion of any other, however privileged it may be.
CONTRACTED’S SIGNATURE PITCHWINK LLC
By checking the [I have read and accepted] box or [I Accept] button and confirming it, you are digitally signing the Test Account Usage Agreement and agreeing fully with this content.