Terms of Service

Welcome to PitchNow Live. By accessing or using our platform, you agree to be bound by these Terms of Service. Please read them carefully.

1. Acceptance of Terms

By creating an account or using PitchNow Live, you agree to these terms and our Privacy Policy. If you do not agree, please do not use the platform.

2. Use of the Platform

PitchNow Live is a marketplace for handmade goods with livestreaming capabilities. You may use the platform to browse, purchase, sell, and livestream products in accordance with these terms.

3. User Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must provide accurate, current, and complete information during registration and keep your account information updated. You may not share your account credentials with any third party. PitchNow Live reserves the right to suspend or terminate accounts that violate these terms or pose a security risk.

4. Seller Responsibilities

Sellers are responsible for the accuracy of product listings, fulfillment of orders, and compliance with applicable laws and regulations. Sellers must ensure that all products listed are legally permitted for sale and accurately described. Sellers are responsible for collecting and remitting any applicable sales taxes.

5. User Conduct

By using PitchNow Live, you agree to the following standards of conduct:

• You will not use the platform for any unlawful purpose or in violation of any applicable local, state, national, or international law.
• You will not harass, bully, intimidate, or threaten any other user.
• You will not post false, misleading, or deceptive content, including product listings.
• You will not engage in price manipulation, shill bidding, or fraudulent transactions.
• You will not use automated scripts, bots, or other means to scrape, collect, or interact with the platform without authorization.
• You will not impersonate any person or entity or misrepresent your affiliation with any person or entity.
• You will not distribute viruses, malware, or other harmful code through the platform.
• You will not interfere with or disrupt the platform's services, servers, or networks.
• You will comply with PitchNow Live's Code of Conduct at all times.

PitchNow Live reserves the right to suspend, restrict, or permanently terminate any account that violates these conduct standards, at our sole discretion and without prior notice.

6. Prohibited Items

The following items are strictly prohibited from being listed or sold on PitchNow Live:

• Weapons, firearms, ammunition, or explosives
• Illegal drugs, controlled substances, or drug paraphernalia
• Counterfeit or stolen goods
• Items that infringe on intellectual property rights (trademarks, copyrights, patents)
• Hazardous materials or recalled products
• Adult or sexually explicit content
• Live animals or animal parts from endangered species
• Human remains or body parts
• Products that promote hate, violence, or discrimination
• Gift cards, currency, or financial instruments
• Mass-produced goods misrepresented as handmade
• Any item prohibited by applicable law

Listings of prohibited items will be removed and may result in account suspension or termination.

7. Intellectual Property

Platform Content: All content, features, and functionality of PitchNow Live — including but not limited to text, graphics, logos, icons, images, audio, video, software, and the compilation thereof — are the exclusive property of PitchNow Live or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

User Content: By posting content on PitchNow Live (including product listings, images, livestream content, reviews, and comments), you grant PitchNow Live a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your content in connection with the platform and PitchNow Live's business operations, including for promotional purposes.

Copyright Infringement: PitchNow Live respects intellectual property rights and expects users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes infringement, please contact us at legal@pitchnow.live with the following information: (a) a description of the copyrighted work; (b) identification of the infringing material; (c) your contact information; (d) a statement of good faith belief; and (e) a statement under penalty of perjury that the information is accurate and you are the rights owner or authorized to act on behalf of the owner.

Trademark: "PitchNow Live" and associated logos are trademarks of PitchNow Live. You may not use these marks without our prior written consent.

8. Geographic Restrictions

PitchNow Live is currently available to residents of the United States only. Users must have a valid US address to create an account, make purchases, or receive payouts. International expansion is planned for a future phase. Users outside the United States may join our international waitlist at pitchnow.live/international to be notified when service becomes available in their country.

9. Disputes and Refunds

Dispute Resolution: Buyers should contact the seller directly to resolve any issue with an order. If a resolution is not reached within 3 business days, either party may escalate the dispute to PitchNow Live. PitchNow Live will review the dispute within 3-5 business days. Stream replay recordings may be used as evidence in the review process. PitchNow Live's decision is final.

Refunds: If PitchNow Live resolves a dispute in the buyer's favor, a full refund will be issued to the buyer. Platform transaction fees collected on the refunded order will be reversed automatically. Sellers will receive no payout on refunded orders.

Platform Role: PitchNow Live operates as a marketplace facilitator and is not the seller of record for any transaction. Sellers are independently responsible for fulfilling orders and honoring their stated return policies subject to platform minimums.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PITCHNOW LIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to or use of (or inability to access or use) the platform;
• Any conduct or content of any third party on the platform, including but not limited to any defamatory, offensive, or illegal conduct of other users or third parties;
• Any content obtained from the platform;
• Unauthorized access, use, or alteration of your transmissions or content;
• Any transactions between you and sellers on the platform.

IN NO EVENT SHALL PITCHNOW LIVE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO PITCHNOW LIVE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

11. Governing Law

These Terms of Service and any disputes arising out of or related to these terms or the platform shall be governed by and construed in accordance with the laws of the State of Wisconsin, United States, without regard to its conflict of law provisions.

You agree that any legal action or proceeding arising out of or relating to these terms shall be instituted exclusively in the federal or state courts located in the State of Wisconsin, and you consent to the personal jurisdiction of such courts.

12. Dispute Resolution Process

Informal Resolution: Before filing any formal legal proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms informally by contacting PitchNow Live at legal@pitchnow.live. We will attempt to resolve the dispute informally within 30 days.

Binding Arbitration: If the dispute cannot be resolved informally, either party may elect to resolve the dispute through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in the State of Wisconsin or, at your election, may be conducted via telephone or video conference. The arbitrator's decision shall be final and binding.

Class Action Waiver: YOU AND PITCHNOW LIVE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Small Claims Exception: Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes or claims within the scope of such court's jurisdiction.

Opt-Out Right: You may opt out of the arbitration provision by sending written notice to legal@pitchnow.live within 30 days of first accepting these terms.

13. Changes to Terms

We may update these terms from time to time. We will notify users of material changes via email or platform notification at least 14 days before the changes take effect. Continued use of the platform after the effective date of changes constitutes acceptance of the updated terms.

14. Termination

PitchNow Live may terminate or suspend your access to the platform immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms. Upon termination, your right to use the platform will immediately cease. All provisions of these terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Indemnification

You agree to defend, indemnify, and hold harmless PitchNow Live, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorneys' fees) arising from: (a) your use of the platform; (b) your violation of these terms; (c) your violation of any third-party right, including any intellectual property, property, or privacy right; or (d) any claim that your content caused damage to a third party.

16. Contact

If you have questions about these terms, please contact us at:

• Email: support@pitchnow.live
• Legal inquiries: legal@pitchnow.live