General Terms and Conditions for PitchIn

 

Welcome to PitchIn! These Terms and Conditions ("Terms") govern your contractual relationship with us, your access to and use of our services and website ("Services").

 

PitchIn AG

Käppelistrasse 17a

CH-6045 Meggen

info@pitchin.me

 

 

Our Privacy Policy explains how we collect and use your information, while our Terms and Conditions set out your obligations regarding the use of our Services.

 

By using our services, you automatically agree to be bound by these terms and conditions, our privacy policy and our community standards. If you use our Services on behalf of an organisation, you agree to these TOS on behalf of your organisation.

 

PitchIn AG operates a mobile application called "PitchIn", on which communities can be organised and questions can be publicly clarified. Furthermore, users can request the completion of a specific task and award such tasks to independent contractors. Users can provide offers of which users (customers) can make use of as independent contractors. Users can be found based on publicly shared information such as skills, interests, offer and demand.

 

Your Age

Our services are only available to you if you are at least 16 years old at the time of registration. Up to the age of 18, you also need the consent of your legal guardian. In order to verify your age, we may ask you to provide proof of age if necessary.

 

Who can use the services

By using the services, you confirm that:

• You can enter into a binding contract with PitchIn

• You have reached the designated age to use PitchIn

• You are not a sex offender

• You will comply with these Terms and all applicable local, state, national and international laws, rules and regulations

 

Your data with your consent

When you use our Services, you provide us with your files, data, content, etc. ("your files"). Your Files belong to you. This TOS does not grant PitchIn any rights to Your Files, other than limited rights to provide You with Our Services. Therefore, we need your consent to, for example, manage, edit, back up and share your files with other users at your request. Our Privacy Policy explains in detail what we do with your data and what rights you have.

 

PitchIn may automatically download and install upgrades, updates or other new features. You may be able to adjust these automatic downloads through your device's settings.

 

If you use Services that generate public content (e.g., by posting a question to the public, creating a public group, sharing offers or demands), PitchIn has the right to broadcast, publicly perform and publicly display that public content in any form and in any media or method of distribution (now known or later developed). To the extent necessary, you grant PitchIn an unrestricted, worldwide, perpetual right and license to use your name, or the name and logo of the organisation/company you represent, if it appears in public content. when appearing in Public Content.

 

Your responsibility for your data

You are responsible for your actions. Your actions and files must comply with our Terms of Use. You are also responsible for authorised access to your data. So protect your User ID and password appropriately! The data you store on PitchIn (e.g. images of people) may be protected by intellectual property rights or data protection laws. You may only upload, download, copy or share content if you have the right to do so.

 

By using the Services, you agree that:

• You will not create multiple accounts for yourself.

• You will not share your password with others.

• You will not buy, sell or lease your access to a PitchIn profile.

• You will not attempt to use or use any account not intended for PitchIn.

• You will not regain access to the PitchIn community after being banned from it without written permission.

 

We reserve the right to review your actions and content for compliance with these Terms and Conditions and our Community Standards. However, we are not obliged to do so. We are not responsible in any way for the content you store and share through PitchIn's services.

 

You may use our services only in compliance with applicable laws and our policies. These include, but are not limited to, copyright, trademark, privacy, unfair competition and export control laws and regulations, as well as these TOS, our Privacy Policy and our Terms of Use.

 

You are responsible for any charges, mobile charges, data charges or SMS charges that may arise from your use of PitchIn. If you are unsure of what these charges might be, you should check with your mobile phone provider before using PitchIn.

 

If you deactivate or change your mobile phone number, you should also do this in the PitchIn settings. This will prevent us from sending a message intended for you to someone else.

 

If you think someone has gained access to your account, please contact our support!

 

Profile with PitchIn

By registering or maintaining profiles, you give PitchIn your consent to publish the content you have entered, including content protected by trademark and copyright. PitchIn may enhance profiles with metadata and adapt them to improve appearance, formatting or readability.

You undertake to only enter content into PitchIn that is legally compliant. In particular, you undertake not to upload any offensive, discriminatory, misleading, personality-infringing, pornographic, racist, unethical or indecent content. You also undertake to respect the rights of third parties, in particular data protection rights, rights to a name, personal rights and copyrights. PitchIn is not responsible for the content or legal review of profiles. Users are solely responsible for their profiles and their content.

PitchIn may refuse to publish profiles or parts thereof at any time without giving reasons and also subsequently. PitchIn can delete profiles at any time without giving reasons. You can have your profile edited or deleted at any time.

 

Communities on the PitchIn platform

There are three categories of communities:

 

Public Communities:

Public communities can be found by all users. Without further action by the administrator of a community, users can join a public community and view any posts and data.

 

Private communities:

Private communities can be found by all users. Joining a private community requires the consent of the administrators. Data such as interests, location, number of members and profile pictures of the community can be seen by all users.

 

Closed Communities:

Closed communities are not displayed on PitchIn. Only the administrators of closed communities can invite users to join their communities and see the posts and data.

 

Community Mailbox

Only members of the communities can see the community mailbox (if they have one) and the location on their Explore map. Community members can see and share information, questions, offers and demands in this mailbox.

The cost of a Community Mailbox is CHF 99.90 per year and will be charged annually to a credit card on deposit. PitchIn reserves the right to change any prices. The affected users will be informed 30 days before the change. If no cancellation is made by the affected users within 30 days after notification of an adjustment, their consent to the notified adjustment is irrefutably deemed to have been granted. PitchIn will inform about such adjustments in an appropriate form.

 

Offers and Demands

Users who create and publish an offer on PitchIn are deemed to be providers. Customers are users who book or buy such an offer.

 

Clients are users who create and publish an order on PitchIn. Contractors are the users who apply for such an order and are selected by the client to fulfil the order.

 

Providers, customers, clients and contractors are solely responsible for the content they upload to their profile and/or exchange with other users via the PitchIn platform, as well as for the conclusion, validity and execution of the contracts concluded via the PitchIn platform. PitchIn assumes no responsibility in this regard. In particular, PitchIn assumes no liability for the proper performance of contracts concluded via the platform. PitchIn has no control over the ability of the providers and contractors, does not guarantee that their services will be provided to the satisfaction of the customer and client and is not obliged to check the abilities of the providers and contractors in advance. PitchIn offers a voluntary rating system in which users of the PitchIn Platform can publicly rate all parties to each other. These ratings do not constitute an official endorsement of the suppliers or contractors by PitchIn, but merely reflect the publicly exchanged opinions of the users. Any conclusions you draw from such ratings are at your own risk and we will not be liable if such ratings do not meet your individual requirements.

 

In case of exceeding the legally regulated income without social security contributions, contractors and providers have to take care of the registration with the compensation fund on their own.

 

Offers on the PitchIn platform

Every user has the possibility to publish services, rentals and products as an offer on PitchIn. The details provided are displayed publicly and can be booked or purchased by users.

 

PitchIn acts only as an intermediary between the provider(s) and the customer(s). PitchIn enables direct agreements to be made with each other for individually specified services. PitchIn is not a party to these contracts concluded between the users and is not liable for the obligations arising from these contracts. PitchIn does not assume any representative functions for either party. Declarations of intent relating to contracts concluded via the platform are made exclusively by the provider(s) and/or customer(s) via the PitchIn app in the available areas.

 

The use of PitchIn is free of charge. You can create an account, offer and receive services or equipment, provide services or equipment free of charge or for compensation by the customer. PitchIn reserves the right to change any prices and to monetise the services. Affected users will be notified 30 days prior to the change. If no notice of termination is given by the affected users within 30 days after notification of an adjustment, their consent to the notified adjustment is irrefutably deemed to have been given. PitchIn will inform about such adjustments in an appropriate form.

 

Providers offering property which is not their own property must always inform the owner of the property and preserve the relevant right.

 

Cancellation policy for offers

By using our services, the provider agrees to our general terms and conditions and the cancellation conditions. Offers can be made without providing bank details. If an offer is made and no bank details are provided, the money will be displayed in the wallet on the profile. Once the bank details are provided, the money will be transferred to the specified account within 7 working days, after deducting the fees of the payment service used, unless an objection is received from the customer. PitchIn is not responsible for the accuracy of the bank details.

 

Should an offer be requested, the provider can decide whether the offer will be carried out. After confirmation by the provider, the customer can transfer the money from the deposited credit card through the payment service to PitchIn with approval of the payment terms. Until the customer's payment has been triggered, the provider has the option to cancel the offer.

 

After completion of the service, rental or sale of the product, the money will be transferred to the bank account specified by the provider within 7 working days after deduction of the fees of the payment service.

 

If the offer is not carried out despite payment by the customer, or if the customer was not satisfied, the customer must report this to PitchIn Support via e-mail within 3 days of the offer. After these 3 days, the offer is considered to have been successfully executed and refund options must be discussed directly with the provider. In the event of non-performance or poor performance of the offer, PitchIn will ask the customer to deposit the bank details and will transfer the money back to the customer after deducting the payment service fees.

 

Demands on the PitchIn platform

PitchIn acts only as an intermediary between the client(s) and the contractor(s). PitchIn enables them to enter into direct agreements with each other for individually defined services. The operator is not a party to these contracts concluded between the users and is not liable for the obligations arising from these contracts. The operator does not assume any representative functions for either of the parties. Declarations of intent relating to contracts concluded via the PitchIn platform are made exclusively by the client(s) and/or contractor(s) via the PitchIn app in the available areas.

 

Cancellation conditions for Demands

By using our services, the client agrees to our general terms and conditions and the cancellation conditions. Orders can only be placed if you have a valid credit card deposited. When an order is placed and no bank details of the contractor are available, the money will be displayed in the wallet on the contractor's profile. Once the bank details are provided, unless an objection is received from the contractor, the money will be transferred to the specified account within 7 working days after deduction of the payment service fees. PitchIn is not responsible for the accuracy of the bank details.

 

After a demand has been made, PitchIn users may apply for it. The Contractor may only accept services for which it has the required skills and knowledge. You acknowledge and confirm to us and the Client that your conduct towards the Client will at all times be professional and that you will use your best endeavours to perform the Service competently, professionally and at least to standard. You acknowledge that clients may refuse to provide a service if it is poorly performed. As a client, you should consider and decide which contractor to engage and confirm your decision in good time, as contractors may withdraw their application at any time or may not be willing to fulfil the contract if you decide too late to engage them. When you enter into a contract with a selected contractor, you do so at your own risk.

 

After the client has selected a contractor and the client and the contractor have agreed on the amount of compensation, the contractor receives a code (OTP), which has to be shared with the client. As soon as the client enters this code, the order is started. The contractor then receives another code, which must be shared with the client to confirm the completion of the order. If this code is entered without having reported a problem beforehand, the order is considered to have been successfully completed and the payment of the principal can be triggered by the principal. The payment service charges fees for this. The client can send a tip amount at the time of payment if desired.

 

The Client warrants that he/she does not solicit the conclusion of employment contracts with Contractors and complies with any additional legal requirements imposed on him/her. The Client may only engage contractors as independent contractors or vicarious agents via the PitchIn Platform (i.e. within the meaning of Art. 363 (contract for work) or 394 (assignment) of the Swiss Code of Obligations) and the Client hereby confirms that it only engages independent contractors via the PitchIn Platform and agrees that the contracts concluded with the contractors comply with the rules of Art. 363 or 394 et seq. of the Swiss Code of Obligations or similar types of contracts (excluding employment contracts). The client indemnifies PitchIn against all claims by third parties (e.g. compensation for damages, social security contributions or public fines) which they assert against PitchIn on the basis of an alleged employment relationship between the client and other contractors (be they private individuals, companies and/or public authorities). PitchIn reserves the right to terminate the contract with immediate effect on behalf of the Employer if it becomes aware that the Employer is entering into or intends to enter into employment contracts (or employment-like contracts) with Contractors via the PitchIn platform. The Operator may instead also suspend or deactivate the Customer's account with immediate effect until the situation is remedied at the sole discretion of PitchIn AG in accordance with the requirements of the Terms.

 

If you have any complaints about the provision of a service by a contractor or any other concerns about your experience as a user, please contact us via the "Support" button in the settings area of the PitchIn app or contact our support team via email. Customer Service will investigate your complaint and, where possible, provide reasonable assistance on a best effort basis. Please note that we cannot ensure that contractors perform their services satisfactorily. We can only help facilitate communication with the contractor and/or take action against the contractor if this proves appropriate.

 

Copyright

We respect the intellectual property of others and expect the same from you. We will respond to notices of alleged copyright infringement when we are notified. We reserve the right to delete or block access to content that is alleged to infringe the copyright of others, and to terminate the contractual relationship with users who repeatedly infringe copyright. Your contact for reports of suspected copyright infringements in connection with the services is:

 

PitchIn AG

Käppelistrasse 17a

CH-6045 Meggen

info@pitchin.me

 

Our property

Our Services are fully protected by copyright, trademark and other intellectual property laws. These TOS do not give you any right, title or interest in or to our Services, the content of others on the Services, the PitchIn trademarks, logos and other trademarks.

 

You may not copy, modify, distribute, sell or lease our Services. Reverse engineering or attempting to extract the source code of this software is not permitted unless laws prohibit these restrictions or you have our written permission to do so.

 

We welcome any feedback from our users! Please be aware that we may use feedback, advice, suggestions and ideas without compensation to you and without any restrictions or obligations to you.

 

We reserve all rights not expressly granted to you.

 

Paid Services

PitchIn processes all payments through external payment service providers. Notably, this includes, but is not limited to, Stipe. The fees for this payment service are 2.9% plus CHF 0.30 per transaction. The PitchIn user agrees that PitchIn may only accept payments via these service providers or that the respective service providers may debit the resulting amounts and their fees.

 

Any costs arising from bank transactions abroad will be charged to the corresponding user.

 

Termination of use

The agreement is concluded for an indefinite period.

You may terminate our services at any time. Termination of the agreement does not release from the payment of outstanding amounts (to the providers, contractors or PitchIn) or from pre-agreed offers and tasks that are still open at the time of termination of the agreement. We reserve the right to suspend or terminate your access to the Services with prior notice if:

a. you breach these TOS,

b. you use the Services in a way that creates a real risk of injury, damage or loss to us or other users; or

c. you have not accessed our Services for 4 consecutive months.

 

We will give you reasonable advance notice via the email address associated with your account to cease the activity in question and give you the opportunity to export your files from our Services. If you do not take the necessary steps following this request, your access to the Services will be terminated or suspended.

 

No prior notice of termination will be given in the following circumstances:

(a) in the event of a serious breach of these TOS,

(b) where it would create legal liability for us or affect our ability to provide the Services to other users; or

(c) where we are prohibited from doing so by law.

 

Warranties and Disclaimer

We strive to provide excellent services, operational and trouble-free services. However, there are some things we cannot guarantee. To the fullest extent permitted by law, PitchIn makes no warranties, express or implied, with respect to its services. The Services are provided "as is", "as available" and to the fullest extent permitted by law without warranties of any kind, either express or implied, including, but not limited to, implied warranties of fitness and non-infringement. In addition, we disclaim all warranties as to merchantability, fitness for a particular purpose and non-infringement. We do not warrant that:

A)         The Services will always be secure, error-free or timely;

B)         The Services will function, without delay, interruption or failure;

C)         Any information you receive through PitchIn will be error-free, accurate or useful.

 

PitchIn assumes no responsibility and shall have no liability for any adverse effects or for any adverse events that occur as a result of your use of PitchIn. Further, PitchIn assumes no responsibility or liability for any Content that you, any other user or any third party creates, uploads, posts, transmits, receives or stores on the Platform. By using PitchIn and accepting these TOS, you agree that you may be exposed to content that may be offensive, unlawfully misleading or otherwise inappropriate for which PitchIn is not responsible.

Your use of our services is subject to your agreement that PitchIn will not be liable for any damages to the extent permitted by law. Expressly excluded is liability for unavailability of your data, loss of data, recovery of your data by you or third parties, loss of business, damage to reputation etc. For damages for which PitchIn cannot exculpate itself, we are liable up to a maximum of CHF 1,000. Any liability for third party and consequential damages is expressly excluded.

 

Waiver of rights, severability clause and transfer of rights

The waiver by PitchIn of any of our provisions does not mean that they cannot be enforced at a later date. If any provision is found to be void, the validity of the remaining terms and conditions will not be affected. The void provision will then be replaced by an enforceable similar provision that reflects our intentions as closely as possible. The rights granted under these GTC are not transferable to third parties and any attempt to do so is invalid. PitchIn, on the other hand, may assign its own rights and remedies to third parties without consent.

 

Changes

PitchIn reserves the right to revise these TOS. If a change affects your use of the Services or your legal rights as a user of the Services, we will notify you before the change takes effect by sending an email to the email address associated with your account or by posting a notice on our site. The effective date of the updated TOS will be at least 15 days after the date of the notice.

If you do not agree with the changes to our Terms, you must cancel your account before they take effect. Your continued use of our services will be deemed to be your acceptance of our changes.

 

Dispute Resolution

Amicable Settlement - We would like to resolve your issues with us without the assistance of a court of law. Before you file a claim against PitchIn, first try to resolve the dispute informally by contacting PitchIn. We will endeavour to resolve the dispute informally. If a dispute is not resolved within 60 days of submission, you or PitchIn may initiate legal proceedings.

 

Jurisdiction - You and PitchIn agree that any legal proceedings relating to claims brought against these Terms and Conditions shall be heard by the competent court at PitchIn's registered office in accordance with the following mandatory arbitration provisions. Both you and PitchIn consent to the venue and jurisdiction of such courts. If you are a resident of a country (e.g. EU member states) whose laws give consumers the right to sue in a local court, this paragraph does not affect those provisions.

 

Governing Law

These TOS are governed exclusively by Swiss law, except for any conflict of law provisions. Mandatory provisions remain reserved.

 

PitchIn AG

 

November 2022

Effective date: 20.11.2022

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