Terms of Service | PodPitch

Terms of Service

Last Updated: December 2, 2025

Introduction and Acceptance of Terms

By accessing, using, or subscribing to services provided by Magic Pitch Enterprises Inc. ("Magic Pitch", "we", "our", or "us"), including our tools for automatic pitching, scheduling, and content preparation for podcast appearances, along with any other services available via PodPitch.com or MagicPitch.com (the “Websites”) (collectively, the “Services”), you ("Customer", "User", "you", "your") agree to be bound by these Terms of Service ("Terms").
If you do not agree to these Terms, you must discontinue use immediately.
Magic Pitch’s Privacy Notice is incorporated into these Terms by reference and governs the handling of data.
Accessibility: If you are having any trouble accessing these Terms or the Websites, please call (314) 562 2080, 9:00 AM – 5:00 PM ET, Monday through Friday.
NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS CONTAIN TERMS THAT GOVERN HOW CLAIMS BETWEEN YOU AND US WILL BE RESOLVED. FOR EXAMPLE, SECTION 16 CONTAINS AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION WHICH STATES THAT WE MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.

Definitions

"Documentation" refers to all materials describing the services and instructions for their use.
"Authorized Users" are individuals authorized by the Customer to use the Services.
"Customer Data" refers to all data inputted by you or Authorized Users to the Services (“Input”), the Output, and the content of reply messages received from recipients of the communications generated by the Services.
"Active Spokespeople Seats" refers to subscription profiles authorized to use the Services.
“Output” refers to the output from the Services based on your or Authorized Users’ Input.

Use of the Service and Modifications

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Services. Further, you may not use any such automated means to manipulate the Services, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Services or any other user's use of the Services, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Services, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Services within another website or application. You may not resell use of, or access to, the Services to any third party without our prior written consent.
Subject to limitations in the applicable technologies and devices we use, we attempt to be accurate to the extent reasonably possible, however, we do not warrant that any product, measurement or description, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether in the Services or otherwise, we reserve the right to correct such error and the Services may be modified, suspended, or discontinued at any time without notice and/or refund any amount charged.
By using the Services, you authorize us to access and interact with the email account(s) of your Authorized Users through third-party providers such as Google or Microsoft using OAuth or a mutually agreed-upon protocol. This access is limited to the scope necessary to enable the Services’ features, such as reading, processing, and sending email messages on your behalf.
You represent and warrant that you have the full right, power, and authority to grant us such access and to permit us to perform the actions described in Section 3.3. You are solely responsible for complying with any terms and policies applicable to your email account(s), including those of Google or Microsoft, and for maintaining the confidentiality of your credentials.

Registration and Passwords

In order to access certain services on the Services, Authorized Users will be required to set up an account (the “Account”) and set a username and password for your Account, as well as providing any further information that we request.
Any usernames or passwords provided should be safeguarded at all times.
Authorized Users are solely responsible for keeping their usernames and/or passwords safe and secure, and for all activity using your usernames and/or passwords.
Customer agrees to notify us immediately of any unauthorized use of an Account or any other breach of security.
Customer agrees that, to the extent permitted by law, Magic Pitch will not be liable for any loss you may incur as a result of someone other than you using your account to access information, either with or without your knowledge.

Active Spokespeople Seats

Subject to Section 10.3 below, you are granted a non-exclusive, non-transferable right to use the Services and Documentation through designated Active Spokespeople Seats.
You may adjust the number of Active Spokespeople Seats at any time via the platform.
You may change which profile is “active” in an Active Spokesperson Seat up to one time per month.

Fees and Payments

Subscription fees are based on the number of Active Spokespeople Seats selected at checkout.
You will be billed monthly. Accepted payment methods include credit card and ACH. By submitting payment information, you represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. You further warrant and represent that all information you provide to us when you use our Services is and will remain complete and accurate. By submitting your information, you grant us the right to use it and to provide it to third parties for the purposes of facilitating the completion of your transaction. In certain cases – including with regard to credit card information - that information may go directly to the third party and not to us, in which case additional terms and conditions will apply as specified by that party. In addition to all other rights available to us, we reserve the right, in our sole discretion, to verify your information prior to processing your purchase, cancel any purchase, refuse service to you, or terminate your Account.
Payment is due within fourteen (14) days of the date of the invoice. Late payments will incur interest of 5% per month, or the maximum permitted by applicable law. Failure to pay within 5 days after the due date may result in suspension of services, including support service, as described in Section 9 below.
All purchases are final and non-refundable, except as required by law.
‍In the event of a billing dispute, the Customer is required to pay the full disputed amount upfront while the dispute is being resolved. If the dispute is resolved in favor of the Customer, Magic Pitch will refund any overpaid amounts. Failure to pay the disputed amount upfront may result in the suspension of Services.

Activities Prohibited By the Services

Magic Pitch expects Customer to abide by certain rules and restrictions. The following is a partial list of the types of conduct that are illegal or prohibited on the Services or while using the Services. Magic Pitch reserves the right to investigate and take appropriate legal or other action against anyone who, in Magic Pitch’s sole discretion, engages in any of the prohibited activities. Without limitation, you agree that you will not use the Services to create or in connection with any content or communication that:

is defamatory, abusive, obscene, profane or offensive;
infringes or violates another party's intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Services);
violates any party’s right of publicity or right of privacy;
is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
promotes or encourages violence;
is inaccurate, false or misleading in any way, or constitutes impersonation of another person;
is illegal or promotes any illegal activities;
promotes illegal or unauthorized copying of another person's copyrighted work or links to them or providing information to circumvent security measures;
contains “masked” profanity (i.e., F*@&#);
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

Magic Pitch is under no obligation to screen or monitor the Services, but may review the Services from time to time at its sole discretion. Magic Pitch will make all determinations as to what activities are appropriate in its sole discretion.

No Guarantee of Results

Magic Pitch does not provide any guarantees about the number, frequency, or quality of podcast appearances or results. Any success or performance metrics shared by Magic Pitch are for informational purposes only and are not guaranteed outcomes.

Support Services

Magic Pitch provides support during Normal Business Hours, defined as 9:00 AM to 5:00 PM (Eastern time) on weekdays, excluding federal holidays.
Support may be suspended if payments are late by more than 5 days after such payment are due.

Intellectual Property and Proprietary Rights

Magic Pitch is the owner of or otherwise licensed to use all parts of the Services, Documentation, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein.
Some materials on the Services belong to third parties who have authorized Magic Pitch to display the materials, such as associated creative assets, and other proprietary materials. By using the Services, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials.
You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable, and personal license to access and use the Services and Documentation through designated Active Spokespeople Seats provided, however, that such license is subject to your compliance with these Terms. If any software, content, or other materials owned by, controlled by, or licensed to us are distributed or made available to you as part of your use of the Services, we hereby grant you a non-commercial, personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Services, in each case for the sole purpose of enabling you to use the Services or Documentation as permitted by these Terms.
All other third-party trademarks, registered trademarks, and product names mentioned on the Services are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Magic Pitch.
Unless Customer provides Magic Pitch with written objection, Customer agrees that Magic Pitch shall have the right to use Customer’s name and trademark(s) to identify Customer as a client of Magic Pitch and to promote and market Magic Pitch and Magic Pitch’s services to third parties.
Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Services. All rights not granted under these Terms are reserved by Magic Pitch.

AI Content

You retain ownership of all Customer Data, subject to these Terms.
Customer Data will be processed and stored in accordance with our Privacy Notice and the OpenAI privacy policy. Customer Data will be used to provide, maintain, develop, and improve our Services, including for training purposes, comply with applicable law, and enforce the policies set forth in these Terms.
You are responsible for all Input and represent and warrant that you have all rights, licenses, and permissions required to provide Input to the Services. You shall have the written consent, release, and/or permission of each and every identifiable individual person in your Input to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Input in any manner contemplated by the Services and these Terms. Your Input should not be false, inaccurate, or misleading.
You are solely responsible for all use of the Outputs and evaluating the Output for accuracy and appropriateness for your use case, including by utilizing human review as appropriate. Artificial intelligence and machine learning are rapidly evolving fields of study. Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in Output that does not accurately reflect real people, places, or facts. When you use our Services you understand and agree:

Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice;
You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services;
You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them;
Don’t repurpose or distribute Output from our services to harm others – for example, don’t share output from our Services to defraud, scam, spam, mislead, bully, harass, defame, discriminate based on protected attributes, sexualize children, or promote violence, hatred or the suffering of others; and
The Services may provide incomplete, incorrect, or offensive Output that does not represent our views. If Output references any third party products or services, it doesn’t mean the third party endorses or is affiliated with us or our licensors.

You acknowledge that due to the nature of our Services and artificial intelligence generally, Output may not be unique and other users may receive similar content from our Services. Responses that are requested by and generated for other users are not considered your Output. Our assignment of Output above does not extend to other users’ output.
You represent that you will not represent that Output was human-generated when it was not.

Termination

Either party may terminate this agreement with 30 days’ written notice.
‍Magic Pitch reserves the right to terminate any user account at its sole discretion for any reason or for no reason. Termination for convenience does not affect your obligation to pay any outstanding fees,. Upon termination, all rights and obligations will be extinguished except those that should survive, such as confidentiality and intellectual property provisions.
‍Upon termination of the Services for any reason, the Customer agrees to: (i) Immediately cease use of all Services and return or destroy any proprietary or confidential information belonging to Magic Pitch; (ii) delete or destroy any software, tools, or materials provided by Magic Pitch that remain in the Customer’s possession or control; and (iii) ensure that all Authorized Users cease accessing the Services. Any failure to comply with these obligations may result in legal action or other remedies available to Magic Pitch under these Terms.

Limitation of Liability

MAGIC PITCH’S TOTAL LIABILITY FOR DIRECT DAMAGES WILL NOT EXCEED THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.
MAGIC PITCH WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION.
MAGIC PITCH IS NOT LIABLE FOR ANY CLAIMS, DAMAGES, OR LOSSES ARISING FROM THE USE OR MISUSE OF CONTENT GENERATED BY YOU. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY CONTENT GENERATED COMPLIES WITH ALL APPLICABLE LAWS AND REGULATIONS.
THIS LIMITATION APPLIES TO ALL CLAIMS IN CONTRACT, TORT, OR OTHERWISE, INCLUDING ANY CLAIMS RELATED TO DATA BREACHES, INTELLECTUAL PROPERTY INFRINGEMENT, OR SERVICE INTERRUPTIONS, EXCEPT WHERE RESTRICTED BY APPLICABLE LAW.

Indemnification

You agree to indemnify, defend, and hold harmless Magic Pitch, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms, misuse of the Services, intellectual property infringement, data breaches, or violation of applicable laws by you or your Authorized Users.
You agree to cooperate fully in the defense of any claim asserted against Magic Pitch as a result of your actions or use of the Services. Magic Pitch reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Force Majeure

Neither party is liable for failure to perform due to circumstances beyond reasonable control, including natural disasters, war, or internet failures. The affected party must notify the other party as soon as practicable after such an event.

Governing Law; Dispute Resolution and Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. USING OR ACCESSING THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS ARBITRATION PROVISION.

The laws of the State of New York shall govern these Terms.
Except where prohibited by law or for disputes that qualify for small claims court, as a condition of using the Services, you agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with the Services shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration (except for matters that may be taken to small claims court, and matters constituting illegal and/or unauthorized use of the Services), for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. The party filing arbitration must submit Claims to the American Arbitration Association (or other mutually agreeable organization) and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held in New York County, in the State of New York or at a place agreed upon by Magic Pitch, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association at www.adr.org. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms, in which case these Terms shall prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your account information and other confidential information if requested to do so by you or us. The arbitrator’s award is final and binding on the parties. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of New York, New York County, or the United States District Court for the Southern District of New York. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of New York, New York County, or the United States District Court for the Southern District of New York.
We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.
AS NOTED ABOVE, YOU AND MAGIC PITCH HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT EITHER MAY HAVE TO A JURY TRIAL.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Non-Disparagement

You agree not to make any statements, written or verbal, or cause or encourage others to make any statements, written or verbal, that defame, disparage, or in any way criticize the personal or business reputation, practices, or conduct of Magic Pitch, its employees, directors, and officers. This prohibition extends to statements made in any manner or medium, including, without limitation, social media platforms, forums, blogs, and other online or offline channels.
Breach of this non-disparagement clause is considered a material breach of these Terms, and Magic Pitch reserves the right to terminate your access to the Services.
Damages for breach may be difficult to quantify; therefore, upon any such breach or threat, Magic Pitch shall be entitled to seek injunctive relief, in addition to other legal remedies.

Beta Services

Magic Pitch may offer Beta services that are experimental in nature and not subject to guarantees regarding performance or availability.

Feedback

You acknowledge and expressly agree that any contribution of feedback regarding the Services that you provide to us (the “Feedback”) does not and will not give or grant you any right, title, or interest in the Services or in any such Feedback. You agree that Magic Pitch may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Magic Pitch any and all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

Assignment and Delegation

You may not assign your rights under these Terms without our prior written consent.
Magic Pitch may assign its rights at any time without notice.

External Links and Third-Party Interactions

The Services may include links to third-party websites, for which Magic Pitch is not responsible. Other websites may also reference or link to our Services. We encourage you to be aware when you leave our Services and to read the terms and conditions and privacy statements of each and every website or app that you visit. We are not responsible for the practices or the content of such other websites or apps.
ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICES FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US.

No Warranties; Disclaimers
‍ WHILE MAGIC PITCH USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE SERVICES AND TO USE TECHNOLOGY THAT IT BELIEVES TO BE RELIABLE, MAGIC PITCH MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS AND YOU SPECIFICALLY ACKNOWLEDGE THAT THE SERVICES MAY USE TECHNOLOGY THAT MAY NOT ALWAYS BE ACCURATE. MAGIC PITCH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT IN OR AS PART OF THE SERVICES. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING THE BETA SERVICES, AND ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES, IS PROVIDED "AS IS" AND MAGIC PITCH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICES. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MAGIC PITCH DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MAGIC PITCH DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAGIC PITCH SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. UNDER NO CIRCUMSTANCES WILL MAGIC PITCH AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES, CUSTOMER DATA OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. WE RESERVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION THAT WE DEEM NECESSARY TO COMPLY WITH ANY APPLICABLE LAW, RULE, REGULATION, LEGAL PROCESS OR GOVERNMENTAL REQUEST. YOU WAIVE AND HOLD HARMLESS MAGIC PITCH AND ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION RELATING TO YOUR ACCOUNT OR TAKEN AS A RESULT OF ANY SUCH DISCLOSURE.

Anonymized and Aggregated Customer Data
‍Magic Pitch reserves the right to anonymize and aggregate Customer Data for its business purposes, including but not limited to, service improvement, performance analysis, and research. Customer Data will be anonymized or aggregated in such a way that individual users are not identifiable, and such data will no longer be linked to any personal information.

Audit Rights
‍Magic Pitch reserves the right to audit the Customer’s use of the Services at any time to ensure compliance with these Terms and applicable law. Such audits may be conducted by Magic Pitch or by third-party auditors chosen by Magic Pitch. The Customer agrees to cooperate fully with any such audits. If any audit reveals non-compliance, the Customer may be liable for any damages, additional fees, or penalties resulting from such non-compliance.

Prohibition of Scraping and Data Mining

Customer is strictly prohibited from scraping, crawling, or otherwise extracting data from Magic Pitch’s databases, website, software, or any related tools without the express written consent of Magic Pitch. This includes, but is not limited to, the use of automated systems (such as bots or scripts) to access, retrieve, or mine data. Any such actions are a violation of these Terms and will result in immediate termination of Services and potential legal action.
Magic Pitch will actively monitor for any unauthorized scraping, crawling, or data mining activity. If such activity is detected, Magic Pitch reserves the right to: Immediately suspend or terminate the offending user’s account. Seek injunctive relief and pursue legal remedies to recover damages resulting from the unauthorized access and misuse of data. Charge the Customer for the value of the data extracted, plus any associated costs incurred by Magic Pitch to remedy the violation. Magic Pitch will also cooperate with authorities to prosecute any individuals or entities engaging in scraping or data mining in violation of these Terms.

Changes

All information posted on the Services is subject to change without notice. In addition, these Terms may be changed at any time without prior notice. We will make such changes by posting them on the Services. You should check the Services for such changes frequently. Your continued access of the Services after such changes conclusively demonstrates your acceptance of those changes. We reserve the right to withdraw or amend the Services, and any service or material we provide via the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services or all Services. However, we will not make any changes that degrade or impede your use of the Services without prior notice to you.

Compliance with Laws

You represent and warrant that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Services, including, but not limited to, the CAN-SPAM Act and any other laws and regulations concerning electronic communications and/or marketing. Without limiting the foregoing, by using the Services, you represent and warrant that: (a) you are not located in, ordinarily resident in, or organized under the laws of any jurisdiction that is subject to a comprehensive U.S. Government embargo ("Embargoed Jurisdiction"); and (b) you are not subject to, and are not affiliated with anyone who is subject to any sanctions administered by an agency of the U.S. Government, any other government, or the United Nations (collectively, “Sanctions”). You may not use, export, or re-export any Services in violation of applicable law, including, without limitation, United States and foreign export laws and regulations. You further covenant that the foregoing shall be true during the entire period of this agreement. We may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, or to investigate a potential violation of these Terms. In such cases, we, in our sole discretion, may disable your Account and block your ability to access the Services until such additional information and documents are processed by us. If you do not provide complete and accurate information in response to such a request, we may refuse to restore your access to the Services.

Severability

If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Waiver; Remedies; Entire Agreement

The failure of Magic Pitch to partially or fully exercise any rights or the waiver of Magic Pitch of any breach of these Terms by you shall not prevent a subsequent exercise of such right by Magic Pitch or be deemed a waiver by Magic Pitch of any subsequent breach by you of the same or any other provision of these Terms. The rights and remedies of Magic Pitch under these Terms and any other applicable agreement between you and Magic Pitch shall be cumulative, and the exercise of any such right or remedy shall not limit Magic Pitch's right to exercise any other right or remedy. These Terms and our Privacy Notice constitute the sole and entire agreement between you and Magic Pitch regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

Binding Effect. No terms or conditions in or attached to any statement of work, invoice, order form, or other such document shall be effective unless executed by duly authorized representatives of the parties. No amendment, modification, extension, release, discharge or waiver of these Terms or any provision hereof shall be valid or binding unless in writing and signed by an authorized representative of the party against which such instrument is sought to be enforced, and no course of dealing between the parties shall be effective to amend or waive any provision of these Terms.

International Access

Our Services are provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Services. We make no representations regarding the legality of this Services in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.

Questions

Should you have any questions regarding these Terms you may contact us at hi@podpitch.com.