PitchKitchen Terms & Conditions

TERMS AND CONDITIONS

[1] OWNERSHIP RIGHTS
During the magnetic messaging framework development process and the design process, we will make your email address "Viewer" to the work-in-progress. Upon completion and balance payment, we will make you "Editor", and give you complete ownership rights to copy and use as you like. All the design work we do for you is original, and we will make every effort to ensure that none of the content we use or create infringes on any existing copyrights.

[2] SINGLE-POINT-OF-CONTACT & CHANGE ORDERS
To ensure an efficient and streamlined process, we kindly request that all feedback regarding the project come through a single point of contact within your organization. This will help to avoid unnecessary back-and-forth, which could otherwise lead to changes in the scope of work and additional fees. Our estimate is a fixed cost estimate, based on the discussions we have had with you and the content you have provided us. If there are any significant changes to the scope of work, additional people are added to the mix, or if new material is introduced that falls outside of the original scope, we will discuss these changes with you and mutually agree upon any additional fees. We will send you a change order via email for your approval. If in-person meetings are necessary and require travel, please note that any expenses will be charged separately, unless other arrangements have been made. We value transparency and strive to keep our clients informed of any costs associated with the project.

[3] 7-DAY TERM OF ACCEPTANCE
This proposal outlines the timeframe for completing your projects. If you need a faster turnaround, we will make every effort to meet your request without an additional charge. However, as we have a full workload, it may not always be possible to accommodate expedited requests without disrupting other projects. Please be aware that we will issue an invoice on the same day that we deliver the assets to you. We understand that your review process may take several weeks or even months, but please note that our terms require payment within 7 days of delivery, regardless of whether you have fully reviewed or suggested changes to the delivered materials. The 7-day payment period starts on the day of delivery, which is the actual date of the delivery of the first draft of materials. Therefore, we require that you ensure payment is made within 7 days of delivery.

[4] CONFIDENTIALITY
We will keep all the work we do for you hidden and confidential unless you let us know otherwise. When using Google Docs (i.e. Google Slides), we do this through the Privacy settings on Google.com as “Private and Confidential”. As part of our normal process, we will save a backup of your delivered Google Slide presentation for one year in our account, so please make a copy of what we deliver to you within that period of time.

You acknowledge that PitchKitchen may need to utilize third-party AI systems (such as OpenAI GPT, Google Gemini, Amazon Claude, or others) to process information, descriptions, and materials that contribute to the Delivered Content. This may include providing elements of this Delivered Content to such AI systems for model training or content generation purposes.

While PitchKitchen takes reasonable measures to protect the confidentiality of Delivered Content, and while the providers of these AI systems typically represent that they maintain data security measures, there can be no absolute guarantee that Delivered Content will not be accessed, viewed, or used by unauthorized individuals or systems.

ou agree that PitchKitchen shall not be held responsible for any breach of confidentiality or unauthorized use of Delivered Content that may occur as a result of utilizing these third-party AI systems.

[5] STOCK PHOTOGRAPHY & STOCK VIDEO LICENSING
We will license stock photography and footage through various sources for your project. Costs vary due to licensing plans, but will likely be between $25-$50 per image, and $100-$150 per video we license.

[6] DEPOSITS, BALANCES, CANCELLATION FEES & LATE PAYMENT FEES
Deposits: Deposits are non-refundable as they are your commitment to the resources we need to schedule and work on your project.

Client Delayed Projects: If you need to delay or postpone the project for any reason, such as the unavailability of key personnel or waiting on necessary elements, we will invoice the remaining balance of the project 30 days after project commencement, even if we have not yet delivered our final materials. This is to ensure that we can pay our suppliers who were involved in the project. Payment of the invoice is due within 7 days of its issuance.

Client Cancellations: If you or your organization decides to cancel the project after it has started for any reason, a 50% cancellation fee will be charged. This fee is calculated at half the remaining balance and is due immediately upon cancellation. For example, if a $20,000 project had a $10,000 deposit, the cancellation fee would be $5,000. Once this fee is paid, all materials created up to that time will be provided to you.

Client Abandoned Projects: If you abandon the project for any reason, fail to accept the delivery, or do not provide corrections or changes to a project that we have delivered, we will invoice for the entire balance within 7 days of delivery close out the project. In the event that an invoice is not paid on time, we will charge a 2.5% monthly late fee on any overdue and unpaid balance. If we need to take legal action to collect any outstanding balances, all legal and court fees, as well as any other associated expenses, will be added to the outstanding balance along with the monthly late fee. Please note that all payment obligations are non-cancelable and fees paid are non-refundable.

[7] AI POLICY, CLIENT CONTENT INDEMNIFICATION AND GPT RESPONSIBILITY
AI Use Policy
We acknowledge that PitchKitchen may utilize artificial intelligence (AI) tools to generate marketing content, ideas, strategies, and concepts. This includes the use of Generative Pre-trained Transformer (GPT) models, which may be trained on information about your company, brand, solution, and other business aspects. While PitchKitchen makes reasonable efforts to ensure the originality and accuracy of all delivered content, it is not possible to guarantee that it will be entirely free of potential copyright infringement risks or factual inaccuracies.

Client Content
You understand that PitchKitchen will use the information, descriptions, and materials you provide regarding your products, services, or solutions ("Client Content") as part of the delivered content for your marketing materials or to train GPT models. By providing Client Content, you confirm that you have all the necessary rights and permissions to do so and that using this content won't violate anyone else's copyright, trademark, or other intellectual property rights.

GPT Responsibility
You acknowledge that you may independently use GPT models trained by PitchKitchen to generate your own content. PitchKitchen is not responsible for the originality, accuracy, or potential copyright infringement risks of content generated directly by you using GPT models.

Indemnification

You agree to indemnify and hold harmless PitchKitchen, its affiliates, officers, directors, employees, and agents from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

Any false information you provide about your rights to the Client Content.
Any violation of intellectual property rights stemming from the use of Client Content or other delivered content.
Any inaccuracies, misrepresentations, or misleading statements in the Client Content or other delivered content.
Any content you independently generate using GPT models trained by PitchKitchen.

Regarding the terms below, PitchKitchen is the “Contractor” and you are the “Client”
The contractor agrees to indemnify, defend and hold harmless Client from any and all claims, actions, damages, and liabilities (excluding, without limitation, attorneys’ fees, costs and expenses) arising (i) through Contractor’s gross negligence ; (ii) out of any claim that the materials or deliverables, or any portion thereof, in fact infringes upon or violate any proprietary rights of any third party, including but not limited to patent, copyright and trade secret rights; or (iii) from a breach or alleged breach of any of Contractor’s representations, warranties or agreements herein.

Client agrees to indemnify, defend and hold harmless Contractor from any and all claims, actions, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising in any manner caused by Client’s (i) gross negligence; (ii) out of any claim that Client provided content, or any portion thereof in fact infringes upon or violate any proprietary rights of any third party, including but not limited to patent, copyright and trade secret rights; or (iii) from a breach or alleged breach of any of Client’s representations, warranties or agreements herein.

TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, CONTRACTOR SHALL NOT BE LIABLE TO THE CLIENT FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOST PROFIT, LOSS OF BUSINESS OR THE LIKE) ARISING OUT OF OR RELATING TO THIS ATTACHMENT B OR THIS AGREEMENT, CONTRACTOR’S PERFORMANCE HEREUNDER OR DISRUPTION OF ANY OF THE FOREGOING, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE CAUSE OF ACTION, WHETHER SOUNDING IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, CONTRACTOR’S AGGREGATE LIABILITY UNDER THIS ATTACHMENT B AND THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AGGREGATE COMPENSATION PAID BY CLIENT TO THE CONTRACTOR UNDER THIS AGREEMENT.