Terms of Service

1. Agreement to These Terms

By accessing or using PitchFlow ("the Service") at pitchflowapp.com, creating an account, or clicking "I agree", you confirm that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated by reference.

If you are using PitchFlow on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms. If you do not agree, do not access or use the Service.

2. Eligibility

To use PitchFlow you must:

• Be at least 18 years of age (or the age of legal majority in your jurisdiction, whichever is higher)
• Have the legal capacity to enter into a binding contract in your jurisdiction
• Not be prohibited from using the Service under any applicable law
• Not have had a previous account terminated by us for violating these Terms

3. Account Registration & Security

3.1 Creating an Account

When registering you agree to provide accurate, current, and complete information and to keep it updated.

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at support@pitchflowapp.com if you suspect unauthorised access. We will never ask for your password by email or chat.

3.3 One Account per User

Each account is for a single individual. Sharing credentials is not permitted on individual plans. Agency plan holders may add team members only through the official team invitation feature.

4. Service Description

PitchFlow is an AI-powered proposal generation tool for freelancers and agencies. It supports platforms including Upwork, Fiverr, Freelancer, LinkedIn, and others.

We provide tools to help you write better proposals. We make no guarantees regarding acceptance of proposals, win rates, reply rates, or any specific client outcomes. The Service is an assistive tool — you remain fully responsible for all content you submit to clients or platforms.

5. Acceptable Use

You agree not to:

• Generate spam, bulk messaging, or misleading content
• Misrepresent your qualifications, experience, or identity to clients
• Reverse-engineer, decompile, or scrape the platform using automated tools
• Share, sell, or transfer your account credentials to any third party
• Attempt to gain unauthorised access to the Service, other accounts, or our infrastructure
• Use the Service to violate any third-party platform's terms (including Upwork, Fiverr, Freelancer)
• Use the Service for any illegal purpose
• Disrupt, damage, or impair the Service or its servers

Violations may result in immediate suspension or termination without refund. Serious violations may be reported to relevant authorities.

6. Subscriptions, Payments & Billing

6.1 Plans

Current pricing is displayed on the pricing page at pitchflowapp.com/pricing.

6.2 Payment Processing

All payments are processed by Paystack. By subscribing you also agree to Paystack's terms of service. We do not store or have direct access to your full payment details — these are handled exclusively by Paystack.

6.3 Recurring Billing

Paid subscriptions are billed on a recurring basis starting on the date you first subscribe. By subscribing, you authorise us to charge your payment method automatically until you cancel.

6.4 Failed Payments

If a payment fails, we will notify you by email and may retry the charge. If payment remains outstanding, we may downgrade your account to the Free plan or suspend paid features until resolved.

6.5 Taxes

Prices are exclusive of applicable taxes unless stated otherwise. You are responsible for any VAT, sales tax, withholding tax, or similar levy imposed by your jurisdiction.

7. Cancellations & Refunds

7.1 Cancellation

You may cancel your subscription at any time from your account's billing settings. Cancellation takes effect at the end of your current billing period. You retain access to paid features until that date, after which your account reverts to the Free plan.

7.2 Refund Policy

We operate a no-refund policy for partial billing periods. Monthly subscribers who cancel mid-month, and annual subscribers who cancel mid-year, will not receive a prorated refund for the unused portion — except where required by the mandatory consumer protection laws of your country of residence.

We may, at our sole discretion, issue a credit or refund in exceptional circumstances (for example, where a technical error on our part resulted in an incorrect charge).

7.3 Billing Disputes

Initiating a chargeback without first contacting us may result in suspension of your account pending investigation.

8. AI-Generated Content

8.1 Nature of AI Output

Proposals are generated using third-party large language models. AI output may be inaccurate, incomplete, or unsuitable for your specific situation. It is intended as a starting draft, not a finished document.

8.2 Your Responsibility

You are solely responsible for:

• Reviewing, editing, and approving all AI-generated content before submitting it to any client
• Ensuring proposals are accurate, truthful, and comply with the platform you submit them to
• Any outcomes — positive or negative — arising from proposals sent using the Service

8.3 Platform Compliance

Some freelance platforms may have policies regarding AI-generated content. It is your responsibility to understand and comply with those policies. PitchFlow is not responsible for any penalties or account actions taken against you by third-party platforms.

9. Intellectual Property

9.1 Your Content

You retain full ownership of all proposals and content you generate using PitchFlow. We do not claim any intellectual property rights over your generated proposals. You grant us a limited licence to process and store your content solely to provide the Service (e.g. proposal history, saved templates).

9.2 PitchFlow's IP

All rights in the PitchFlow platform — including the website, application, interface, brand, logo, trademarks, code, and prompting systems — are owned by or licensed to PitchFlow. Nothing in these Terms transfers ownership of our intellectual property to you.

10. Third-Party Services

PitchFlow relies on the following third-party services:

Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the availability or conduct of any third-party service.

11. Disclaimer of Warranties

To the fullest extent permitted by applicable law, PitchFlow is provided "as is" and "as available" without any warranty of any kind, express or implied — including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or produce any particular result for your freelance work.

12. Limitation of Liability

To the fullest extent permitted by applicable law, PitchFlow's total liability to you for any claim arising from these Terms or the Service shall not exceed the greater of:

• The total amount you paid to PitchFlow in the three (3) months preceding the claim, or
• USD $50

In no event will PitchFlow be liable for loss of profits, loss of data, loss of business, or any indirect, incidental, special, consequential, or punitive damages — even if advised of the possibility of such damages.

13. Indemnification

You agree to indemnify and hold harmless PitchFlow and its owner, employees, and contractors from any claims, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or content you generate and submit using the Service.

14. Suspension & Termination

You may cancel your account at any time from billing settings. We reserve the right to suspend or permanently terminate accounts that violate these Terms, engage in fraudulent conduct, fail to pay amounts owed, or present a legal or security risk. Where termination follows a breach, no refund will be issued.

Clauses that by their nature should survive termination — including intellectual property, limitation of liability, and indemnification — will continue to apply after termination.

15. Privacy & Data

Our collection, use, and protection of your personal data is governed by our Privacy Policy. We do not sell your personal data to third parties. You may request deletion of your account and associated data at any time from account settings or by contacting us.

16. Governing Law & Dispute Resolution

16.1 Governing Law

These Terms are governed by the laws of the Republic of Kenya.

However, if you are a consumer residing in a jurisdiction with mandatory consumer protection laws that cannot be contractually excluded — including EU member states, the United Kingdom, Australia, Canada, or the United States — those laws apply to you in addition to these Terms. This choice of law clause does not deprive you of any rights you have under the mandatory laws of your country of residence.

16.2 Informal Resolution First

Before initiating any formal proceedings, you agree to contact us at support@pitchflowapp.com to attempt informal resolution. We will respond within 5 business days and aim to resolve disputes within 30 days of notice.

16.3 Formal Disputes

• Business users: disputes are subject to the exclusive jurisdiction of the courts of Kenya.
• Consumer users: you may bring claims in the courts of your country of residence or in Kenya — whichever you prefer.

17. Changes to These Terms

We may update these Terms from time to time. When we make material changes we will update the "Last updated" date and notify you by email or by a notice within the Service. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.

18. Miscellaneous

• Entire agreement: These Terms and our Privacy Policy constitute the entire agreement between you and PitchFlow regarding the Service.
• Severability: If any provision is found invalid, the remaining provisions stay in full effect.
• No waiver: Our failure to enforce any right does not constitute a waiver of that right.
• Assignment: You may not assign your rights without our written consent. We may assign ours without restriction.
• Force majeure: We are not liable for delays caused by events outside our reasonable control, including third-party service failures.

19. Contact

Questions, concerns, or billing disputes about these Terms: