Terms of Service

These Terms are an agreement between you and Pitchedin App LLC, a Florida limited liability company ("Pitched In", "we", "us"), about your use of pitchedin.app and its apps (the "Service"). Please read them. They include rules about your music, about what A&Rs may do with it, and about how disputes are handled.

By creating an account or using the Service you agree to these Terms and to our Privacy Policy and Copyright Policy. If you don't agree, don't use the Service.

1Who can use Pitched In

• You must be 18 or older and able to enter into a contract. If we learn that someone under 18 has an account, we close it and delete its data.
• If you use the Service for a company (for example, a label or a publisher), you confirm you're allowed to accept these Terms for it, and "you" includes that company.
• One person per account. Don't share your sign-in, and don't use someone else's account.

2What Pitched In is, and isn't

• Pitched In is a private inbox. Composers, songwriters and producers ("composers") send songs to A&Rs and other music professionals ("A&Rs"). A&Rs listen, organise them and reply through the Service.
• Pitched In is a tool. We are not a publisher, label, manager, agent or lawyer. We don't represent you, negotiate for you, or take a share of any deal.
• Any deal is between you and the other party. That covers a hold, a cut, a recording, a release, a sync or anything else, and it happens outside the Service. We aren't a party to it and aren't responsible for it.
• We don't promise that any song will be heard, held, recorded or released, or that any A&R will reply.

3Your account

• Give us accurate information and keep it up to date, including your name and the credits on your songs.
• Keep your sign-in secure:
  • Sign-in codes are sent to your email.
  • A&R accounts must use two-step login with an authenticator app.
  • Tell us at support@pitchedin.app if you think someone else has used your account.
• A&R inboxes can have more than one member (for example, an assistant). The inbox's owner decides who is a member and is responsible for what members do in it.

4Your music stays yours

• You keep all rights in the songs, recordings, lyrics, notes and other material you upload or send ("your content"). Nothing in these Terms transfers ownership to us or to any A&R.
• The licence you give us. To run the Service you give Pitched In a non-exclusive, worldwide, royalty-free licence to:
  • host and store your content;
  • copy it, check it and convert its format;
  • stream it, and show its details;
  • deliver it only to the A&R inboxes you choose;
  • make the original file available for download only when you approve a download (one song, or every song for an A&R you choose to always allow).
  We may also use it to keep the Service secure and working. We don't use your content for anything else: no advertising, no selling it, and no training artificial-intelligence models on it.
• When the licence ends. It ends for a song when that song is no longer in any inbox and no longer in your account, for example after the A&R deletes it, it reaches the end of its time in the inbox, you take it back, or you delete your account. Two things continue after that:
  • copies in our backups, for up to 7 days, until they are overwritten;
  • copies an A&R already downloaded with your approval (see section 6).
• How long songs stay in an inbox:
  • A song stays in an A&R's inbox for 90 days after it arrives, unless the A&R keeps it longer.
  • Songs the A&R marks as a Favorite or puts on hold stay until the A&R removes them.
  • The A&R may delete a song from their inbox at any time.

5What composers promise

Each time you send a song, you confirm that:

1. You have the right to share it. You own it, or you have permission from everyone who owns or controls rights in it (co-writers, producers, artists, publishers and labels) to send it to A&Rs for consideration.
2. It doesn't break anyone's rights. It doesn't include samples, interpolations or other people's material you haven't cleared. It doesn't infringe copyright, trademark, privacy or publicity rights.
3. The credits are true. Names, roles and splits you enter are accurate to the best of your knowledge.
4. You may share your collaborators' contact details. If you add a co-writer's phone number or email, they agreed to it being shared with the A&Rs you send the song to.
5. The file is safe. It contains no malware or hidden code.

You're responsible for your content. If someone claims your content infringes their rights, section 12 applies.

6What A&Rs promise

A&Rs receive unreleased music that belongs to someone else. If you receive songs on Pitched In, you agree to these rules, and you're responsible for everyone in your inbox following them:

1. Evaluate only. You may listen to songs and share them in confidence, inside your company and with the artists, producers and team members you're considering them for, only to decide whether to pursue them.
2. Keep them confidential. Don't post, publish, broadcast, upload elsewhere or give songs to anyone outside that circle. Don't record or rip songs from the player.
3. No use without a deal. Recording, re-recording, releasing, adapting, sampling, syncing, or anything beyond evaluation needs a separate agreement with the rights holders.
4. Downloads. Download a file only when the composer has approved it, and use the download only for evaluation or for what you've agreed with the composer. If no agreement follows, delete it when the composer asks.
5. Briefs describe the music, not your artists. Don't put confidential information about artists, projects or labels in a brief.

7Similar ideas

A&Rs, artists and labels hear a great deal of music, and they often develop, or receive from others, material similar to songs sent on Pitched In. You agree that:

• Receiving a song doesn't by itself create any obligation, payment or relationship beyond these Terms.
• A&Rs aren't restricted from working with similar material they created independently or received from someone else.

This doesn't permit anyone to copy your song. Section 6 and the law still protect it.

8What nobody may do

Don't:

• send material you don't have the right to send, or impersonate anyone;
• harass, threaten or spam anyone, or try to get songs to an A&R through the Service after they've blocked you or paused their inbox;
• get around limits, blocks, download approval or other protections, or access accounts or data that aren't yours;
• scrape, copy or download the Service or its content by automated means, or interfere with its security or operation;
• upload malware, or use the Service to break the law.

9Blocking, limits and removing content

• A&R controls:
  • A&Rs may make their inbox invite-only, or block a composer, at any time.
  • A blocked composer sees the same message as an inbox that isn't taking songs.
  • The Service limits how many songs can be sent to the same inbox in 24 hours.
• Storage: each account has a storage limit, set by its plan (1 GB is 1,000,000,000 bytes):
  • Composers can send 5 GB of songs in any 30 days on the Free plan, or 10 GB on Paid. A song sent to several inboxes counts once.
  • An A&R inbox holds 10 GB on the Free plan, or 20 GB on Paid. Founding A&Rs get 20 GB free until subscriptions start.
  • At the limit, a composer can't send more until older sends pass 30 days, and an inbox can't receive more until there's room. We may set a different limit for an account. A lower limit never deletes songs.
• What we may do: we may remove content, limit features, or suspend or close an account if we reasonably believe someone has broken these Terms or the law, or puts others or the Service at risk. Where it's appropriate and safe, we tell you why and give you a way to respond.

10Records we keep

• What: to keep the Service secure and to help resolve disputes, we keep records of activity. These include when a song was sent, delivered, played or downloaded, and by which account. We keep them for the period in our Privacy Policy, including after an account is deleted.
• Sharing them: we may share relevant records with the parties to a dispute about a song, or when the law requires it, as described in the Privacy Policy.
• No guarantee: we don't guarantee that these records are complete or that they'll be accepted as evidence.

11Fees

The Service is free while it's in its pilot. If we introduce paid features or memberships, we'll show the price and any extra terms before you're charged. Nothing is charged without your agreement.

12Copyright complaints and repeat infringers

• Complaints: if you believe content on the Service infringes your copyright, follow our Copyright Policy. We respond to valid notices and counter-notices as it describes.
• Repeat infringers: we close the accounts of users who repeatedly infringe.

13Privacy

Our Privacy Policy explains what personal data we collect and how we use it. It also explains your rights, including under European (GDPR) and Mexican law.

14Ending your account

• You: you can delete your account in Settings at any time. If you're the only owner of an A&R inbox, the inbox closes with your account: its songs, folders, notes and briefs are deleted, and its link stops working. When you delete your account:
  • your songs are removed from the inboxes you sent them to, together with the A&Rs' notes on those songs;
  • copies an A&R already downloaded with your approval aren't affected.
• Us: we may close an account under section 9, or close the Service with at least 30 days' notice where we reasonably can.
• What survives: sections 4 (the end of the licence), 5–7, 10, 12 and 15–19 continue after an account ends.

15Disclaimers

• As is: the Service is provided "as is" and "as available". To the extent the law allows, we disclaim all warranties, including merchantability, fitness for a particular purpose and non-infringement.
• What we don't guarantee: we don't guarantee that the Service will be uninterrupted or error-free, or that content will never be lost. Keep your own copies of your music.

16Limitation of liability

• What we're not liable for: to the extent the law allows, Pitched In isn't liable for:
  • indirect, incidental, special, consequential or punitive damages;
  • lost profits, opportunities or deals;
  • anything an A&R, composer or other user does with content.
• Cap: our total liability for any claim about the Service is limited to the greater of US$100 or the amount you paid us in the 12 months before the claim.
• What isn't limited: nothing in these Terms limits liability that can't be limited by law, such as liability for fraud, or for death or personal injury caused by negligence. Nor does it limit rights consumers have under the mandatory laws of the country where they live.

17Indemnity

You'll defend and indemnify Pitched In against claims by third parties arising from your content or your breach of these Terms. That includes reasonable legal fees. This doesn't apply to the extent a claim is caused by us.

18Governing law and disputes

• Contact us first: please tell us about any problem first at support@pitchedin.app. Most issues can be solved that way.
• Governing law: these Terms are governed by the laws of the State of Florida and the federal laws of the United States, without regard to conflict-of-laws rules.
• Courts: disputes go to the state or federal courts in Miami-Dade County, Florida.
• If you're a consumer elsewhere: if you live in the European Union, Mexico or another country whose law gives consumers mandatory protections or the right to sue at home, you keep those rights.

19General

• Changes to these Terms. We may update these Terms:
  • For a change that matters, we tell you in advance by email or in the Service, and ask you to accept the new version.
  • If you don't accept it, you can delete your account.
  • The date and version at the top always show the current Terms.
• Entire agreement: these Terms, with the Privacy Policy and the Copyright Policy, are the entire agreement between you and us about the Service.
• Severability and waiver: if part of these Terms is unenforceable, the rest still applies. Not enforcing a right isn't a waiver of it.
• Transfer: you may not transfer these Terms. We may transfer them to a company that takes over the Service, and we'll tell you if that happens.
• Language: these Terms are available in English and Spanish. [If the versions conflict, the English version controls, except where the law of your country requires otherwise.]

20Contact

Pitchedin App LLC, a Florida limited liability company in Miami, Florida. Email: support@pitchedin.app.