These Terms of Service (the “Terms”) are an agreement between Crow Enterprises, Inc., doing business as Pitchcrow (“Pitchcrow,” “we,” “us”), and the organization or individual accepting them (“Customer,” “you”). By creating an account, clicking to accept, or using the Service, you agree to these Terms. If you accept on behalf of an organization, you represent that you have authority to bind that organization, and “Customer” refers to it. If you do not agree, do not use the Service.
If Customer and Pitchcrow have signed a separate written agreement covering the Service, that agreement controls over these Terms to the extent of any conflict.
1. The Service
Pitchcrow is an AI platform that plans, writes, formats, and generates presentation decks and spreadsheets for investment banking and financial advisory work, including visualizations such as charts, tables, icons, and shapes. The Service includes space workspaces with file repositories, an organization template library, deck and sheet editors, and an AI assistant.
2. Definitions
- “Customer Data” means data, files, documents, decks, sheets, and other content that Customer or its Users upload to or create in the Service, including Inputs and Outputs.
- “Input” means Customer Data and instructions submitted to the AI features of the Service.
- “Output” means content generated by the AI features of the Service in response to Inputs, including decks, slides, sheets, text, charts, and tables.
- “Usage Data” means telemetry, diagnostic, and statistical data about the operation and use of the Service that does not include Customer Data.
- “User” means an individual authorized by Customer to use the Service under Customer’s account.
3. Accounts and Security
Users must register with accurate, current information and keep it updated. Customer is responsible for maintaining the confidentiality of credentials and for all activity under its account and its Users’ accounts. Customer will notify us promptly at legal@pitchcrow.com of any unauthorized use or suspected security breach. Users must be at least 18 years old and able to form a binding contract.
4. Trials, Evaluations, and Beta Features
We may offer the Service or specific features free of charge for trial or evaluation, or designate features as beta or early access. Trial and beta offerings are provided “AS IS,” may be modified, suspended, or discontinued at any time, and are excluded from any availability or support commitments. We may impose usage limits on trial accounts. Either party may terminate a free trial at any time for any reason.
5. Fees and Payment
Paid subscriptions are billed per the pricing agreed at purchase. Payments are processed by a third-party payment processor, and Customer agrees to its terms. Fees are stated and payable in U.S. dollars, are non-refundable except as expressly stated, and exclude taxes, which Customer is responsible for (excluding taxes on our income). We may change pricing with effect from Customer’s next renewal, with reasonable advance notice.
6. Customer Data
Ownership. Customer owns all Customer Data, including all Outputs, as between the parties. Pitchcrow acquires no rights in Customer Data other than the limited license below.
License to us. Customer grants Pitchcrow a worldwide, non-exclusive license to host, process, transmit, display, and modify Customer Data solely (a) to provide, secure, and support the Service, (b) as directed by Customer or its Users, and (c) as required by law. This license ends when Customer Data is deleted from the Service.
Customer responsibilities. Customer is responsible for the accuracy and legality of Customer Data and represents that it has all rights necessary to submit it to the Service, and that doing so does not violate law, third-party rights, or obligations Customer owes to its own clients. Customer is responsible for complying with laws and regulations applicable to its business, including securities laws and rules governing the handling of material non-public information within Customer’s organization.
Usage Data. Pitchcrow owns Usage Data and may use it to operate, secure, and improve the Service. Usage Data does not include Customer Data.
7. AI Features
No training on Customer Data. Pitchcrow does not use Customer Data — including Inputs and Outputs — to train, fine-tune, or improve any machine learning or AI model, whether ours or a third party’s, and we contractually prohibit our AI model providers from doing so. Model providers process Inputs and Outputs solely to return responses and under zero-data-retention or equivalently restrictive terms.
Output ownership. As between the parties, Customer owns Outputs. Given the nature of machine learning, Outputs may not be unique: the Service may generate the same or similar output for other customers, and no rights are granted in other customers’ outputs.
Accuracy; human review required. Outputs are generated by AI and may be inaccurate, incomplete, or unsuitable for Customer’s purpose, including with respect to financial figures, calculations, and factual claims. Outputs are not financial, investment, legal, or professional advice. Customer must have a qualified person review Outputs before relying on them or distributing them to any third party, including Customer’s own clients and investors. Customer, not Pitchcrow, is solely responsible for its use and distribution of Outputs.
Restrictions. Customer will not represent Outputs as human-generated where that would be misleading, and will not use the Service or Outputs to develop a competing product or to train other AI models.
Assumption of risk. While Pitchcrow takes reasonable precautions in its use of AI technologies, Pitchcrow DISCLAIMS ALL LIABILITY FOR ANY LOSS, DAMAGE, OR CLAIM ARISING FROM OR RELATING TO THE AI FEATURES OF THE SERVICE OR ANY USE OF OR RELIANCE ON OUTPUTS. Customer accepts all risks associated with the AI features and Outputs and will indemnify Pitchcrow in accordance with Section 15.
8. Acceptable Use
Customer and its Users will not: (a) access or attempt to access systems or data without authorization, probe or breach security, or interfere with the Service’s operation; (b) upload malware or unlawful content; (c) infringe intellectual property or privacy rights; (d) impersonate any person or misrepresent affiliation; (e) reverse engineer, decompile, or copy the Service except as permitted by law; (f) resell, sublicense, or provide the Service to third parties except to Users; (g) use the Service to violate securities laws or any other applicable law; or (h) use automated means to extract data from the Service outside its intended interfaces. We may suspend access for conduct that we reasonably believe violates this Section, with notice where practicable.
9. Confidentiality
“Confidential Information” means non-public information disclosed by one party to the other that is designated confidential or that reasonably should be understood as confidential given its nature and the circumstances, including Customer Data (Customer’s Confidential Information) and non-public Service features, security information, and pricing (Pitchcrow’s Confidential Information).
The receiving party will (a) use Confidential Information only to perform under these Terms, (b) not disclose it except to employees, agents, and subcontractors bound by confidentiality obligations at least as protective, and (c) protect it with at least the same care it uses for its own similar information, and no less than reasonable care. These obligations do not apply to information that is or becomes public through no fault of the recipient, was known to the recipient without restriction before disclosure, is independently developed, or is rightfully received from a third party. A party may disclose Confidential Information as required by law with prompt notice to the other party where legally permitted. Each party will promptly notify the other of any unauthorized use or disclosure. Upon termination, each party will delete or return the other’s Confidential Information on request, subject to routine backup cycles and legal retention obligations.
10. Data Protection and Security
We maintain administrative, technical, and physical safeguards designed to protect Customer Data, including encryption in transit and at rest and role-based access controls, and we maintain a security compliance program aligned with SOC 2. Our processing of personal data in Customer Data is described in our Privacy Policy and, where applicable, a Data Processing Addendum incorporating standard contractual clauses. A current list of subprocessors is available on request; we remain responsible for our subprocessors’ performance.
11. Intellectual Property
Pitchcrow and its licensors own the Service and all related software, models, interfaces, designs, documentation, trademarks, and other intellectual property, excluding Customer Data. Customer receives a limited, non-exclusive, non-transferable right to access and use the Service during the term in accordance with these Terms. If Customer provides feedback or suggestions, Pitchcrow may use them without restriction or obligation, provided doing so does not identify Customer or disclose Customer’s Confidential Information.
12. Third-Party Services
The Service may interoperate with third-party services (such as single sign-on providers). Customer’s use of third-party services is governed by those third parties’ terms, and Pitchcrow is not responsible for third-party services. Customer represents it has the right to connect any third-party account it links to the Service.
13. Term, Termination, and Effect
These Terms apply from Customer’s first acceptance until terminated. Customer may terminate by canceling its account in the Service or by written notice to legal@pitchcrow.com. We may terminate or suspend for material breach that remains uncured 30 days after notice, immediately for violations of Sections 7 (AI restrictions) or 8 (Acceptable Use) that threaten the Service or other customers, or upon discontinuation of the Service with reasonable notice.
For 30 days after termination, Customer may export its Customer Data using the Service’s export features or by written request. Thereafter we will delete Customer Data within a reasonable period, subject to backup cycles and legal retention requirements, after which it is unrecoverable. Sections that by their nature should survive termination do so, including Sections 6 (ownership), 7, 9, 11, and 14 through 18.
14. Warranties and Disclaimers
Each party represents that it has the authority to enter into these Terms. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE AND ALL OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND PITCHCROW DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT OUTPUTS WILL BE ACCURATE, COMPLETE, OR RELIABLE.
15. Indemnification
By Customer. Customer will defend and indemnify Pitchcrow against third-party claims arising from (a) Customer Data, including claims that Customer lacked rights to submit it, (b) Customer’s use of Outputs, including distribution of Outputs to Customer’s clients or investors, or (c) Customer’s breach of these Terms or violation of law.
By Pitchcrow. Pitchcrow will defend and indemnify Customer against third-party claims that the Service (excluding Customer Data and Outputs) infringes a U.S. patent, copyright, or trademark, or misappropriates a trade secret. If such a claim arises, we may modify the Service, procure the necessary rights, or terminate the affected feature and refund prepaid unused fees. This Section states Pitchcrow’s entire liability for infringement claims.
Procedure. The indemnified party must give prompt notice, reasonable cooperation, and sole control of the defense and settlement to the indemnifying party; no settlement imposing obligations on the indemnified party may be made without its consent.
16. Limitation of Liability
PITCHCROW AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. IF, DESPITE THE ABOVE EXCLUSIONS, PITCHCROW IS DETERMINED TO BE LIABLE, PITCHCROW’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE LESSER OF (A) THE TOTAL FEES PAID BY CUSTOMER IN THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY AND (B) ONE HUNDRED U.S. DOLLARS ($100), TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
17. Dispute Resolution; Arbitration; Class Action Waiver
Informal resolution. Before filing a claim, the complaining party will send a written description of the dispute to the other party (for Pitchcrow: legal@pitchcrow.com) and the parties will attempt in good faith to resolve it for 30 days.
Arbitration. Any dispute not resolved informally will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in New York, New York, before a single arbitrator. Hearings may be conducted by video. The arbitrator applies the governing law in Section 18 and may award declaratory or injunctive relief only as necessary for the individual claim. Judgment on the award may be entered in any court of competent jurisdiction. Either party may (a) bring an eligible individual claim in small claims court or (b) seek injunctive relief in court for infringement or misuse of intellectual property or Confidential Information. Each party waives the right to a jury trial and to participate in a class action, consolidated proceeding, or representative action. Each party bears its own arbitration fees as allocated by the AAA rules.
18. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles, and the Federal Arbitration Act governs Section 17.
19. General
Changes to these Terms. We may update these Terms from time to time. For material changes, we will provide notice by email or in the Service at least 14 days before they take effect; continued use after the effective date constitutes acceptance. If Customer does not agree, it must stop using the Service and may terminate under Section 13.
Assignment. Customer may not assign these Terms without our written consent; Pitchcrow may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. Unauthorized assignments are void.
Notices. Notices to Pitchcrow go to legal@pitchcrow.com. Notices to Customer go to the account owner’s email address and are deemed given when sent.
Miscellaneous. These Terms (with the Privacy Policy and any order form or DPA) are the entire agreement and supersede prior agreements about the Service. If a provision is unenforceable, it will be modified to the minimum extent necessary or severed, and the remainder stays in effect, except that if the class action waiver is unenforceable, Section 17 is void. No waiver is implied from failure to enforce. The parties are independent contractors; no agency, partnership, or joint venture is created. There are no third-party beneficiaries. Customer consents to receiving notices electronically.
20. Contact
Questions about these Terms: legal@pitchcrow.com
Crow Enterprises, Inc. d/b/a Pitchcrow, 251 Little Falls Drive, Wilmington, New Castle County, Delaware 19808