Pitchback LLC — Terms of Service

1. The Service

Pitchback LLC ("Pitchback," "we," "us," or "our") provides a cloud-based platform that helps music producers and studio operators manage projects, collaborate, deliver files to clients, and receive client files online. Content and data you or your clients upload to the Service ("Customer Content") are stored in the cloud and associated with your account.

1.1 Account Registration

You must provide accurate, current, and complete information when creating an account and keep it updated. You are responsible for safeguarding your login credentials and for all activity under your account. Notify us immediately of any unauthorized use or security incident.

1.2 Eligibility

You must be at least [16/18] years old (or the age of majority in your jurisdiction, if higher) to use the Service. If you are under the age of majority, you may only use the Service with the consent of a parent or legal guardian.

2. Subscription Plans, Add-Ons, and Billing

The Service is offered via subscription with three (3) plans (each a "Plan"). The specific names and features of each Plan may change from time to time. You may also purchase add-ons, including additional storage capacity ("Add-Ons").

2.1 Fees and Taxes

You agree to pay all fees for your chosen Plan and any Add-Ons, plus all applicable taxes, duties, and similar governmental charges (excluding taxes based on our net income). All fees are quoted and payable in [USD], unless stated otherwise.

2.2 Billing Cycle and Auto-Renewal

Plans are billed on a [monthly/annual] basis and auto-renew at the end of each billing period unless you cancel before renewal. By subscribing, you authorize us (and our third-party payment processor) to charge your payment method for recurring fees, Add-Ons, overages (if any), and applicable taxes.

2.3 Price Changes

We may change Plan or Add-On pricing by providing at least [30] days’ prior notice before the start of the next billing period. Continued use after the price change becomes effective constitutes acceptance of the new fees.

2.4 Trials and Promotions

We may offer free trials or promotional pricing at our discretion. If you receive a trial, you must cancel before the trial ends to avoid being charged. Eligibility for trials is determined by Pitchback.

2.5 Cancellations and Refunds

You may cancel at any time, effective at the end of your current billing period. Fees are non-refundable and non-creditable, except where required by law or expressly stated otherwise in writing by Pitchback. If you cancel an annual plan early, no pro-rated refunds are provided unless we state otherwise.

2.6 Failed Payments

If a payment cannot be processed, we may suspend or terminate access to the Service until all amounts are paid. We may also charge interest on overdue amounts up to the maximum permitted by law and recover reasonable collection costs.

3. Use of the Service and Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms.

3.1 Prohibited Activities

• Upload, post, store, transmit, or otherwise make available any Customer Content that infringes or misappropriates intellectual property or other rights, or that is unlawful, harmful, defamatory, obscene, or otherwise objectionable;
• Violate or attempt to violate the security of the Service, including probing, scanning, or testing vulnerabilities or circumventing authentication or access controls;
• Access the Service to build a competing product or service, or for benchmarking, without our prior written consent;
• Interfere with or disrupt the Service or its infrastructure, including by excessive usage that imposes an unreasonable load or bypasses storage or bandwidth limits;
• Upload malicious code or content (e.g., viruses, malware, trojans, worms, backdoors);
• Use the Service to store or transmit personal data in violation of applicable law, including data about minors without appropriate consents.

3.2 Storage Limits and Fair Use

Plans include storage allocations. If you exceed your allocation, you may be required to purchase additional storage Add-Ons or reduce usage. We may apply reasonable technical limits and rate-limiting to ensure platform stability.

3.3 Collaborators and Client Access

You may invite collaborators or clients to access specific workspaces, projects, or files. You are responsible for your users’ compliance with these Terms and for all actions they take under your account.

4. Customer Content

4.1 Ownership

As between you and Pitchback, you retain all rights to Customer Content. These Terms do not grant us ownership of your Customer Content.

4.2 License to Operate the Service

You grant Pitchback a non-exclusive, worldwide, royalty-free license to host, reproduce, process, transmit, display, and perform Customer Content as necessary to provide, maintain, secure, and improve the Service and as otherwise permitted by these Terms.

4.3 Responsibility for Content and Backups

You are solely responsible for the accuracy, quality, legality, and use of Customer Content, including obtaining all rights, permissions, and consents necessary for its use and for sharing with collaborators or clients. While we implement commercially reasonable safeguards and regular backups, you acknowledge that no system is 100% secure and that you should maintain your own copies of important files.

4.4 Takedown; Repeat Infringers

We may remove or disable access to content that we believe in good faith violates these Terms or applicable law. In appropriate circumstances, we may terminate accounts of repeat infringers.

5. Intellectual Property

5.1 Pitchback IP

The Service, including its software, features, user interface, look-and-feel, templates, and underlying technology, is owned by Pitchback or its licensors and is protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, we reserve all rights.

5.2 Feedback

If you provide feedback or suggestions, you grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use and exploit the feedback without restriction.

6. Privacy; Data Protection

Your use of the Service is subject to our Privacy Policy (the "Privacy Policy"), which explains how we collect, use, and disclose information.

If you process personal data of individuals subject to the laws of the European Economic Area, the United Kingdom, Switzerland, California, or other jurisdictions with data protection laws, a Data Processing Addendum (DPA) may apply. We will implement commercially reasonable technical and organizational measures designed to protect personal data and Customer Content against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access. You agree not to upload special categories of sensitive personal data unless allowed under the DPA and applicable law.

We may use third-party cloud providers and subprocessors to host and process data. A current list of subprocessors is available upon request.

7. Third-Party Services

The Service may interoperate with third-party products or services (e.g., cloud storage, analytics, communications). Third-party services are governed by their own terms and privacy policies, and we are not responsible for their acts or omissions. Enabling a third-party integration authorizes us to exchange data with that third party as necessary for the integration.

8. Support; Availability; Beta Features

8.1 Support

We provide standard support to all customers via contact [at] studiocockpit [dot] io during 10:00–18:00 (Europe/Berlin). Premium support options may be available under a separate agreement or Plan.

8.2 Availability and Maintenance

We aim to provide a reliable Service but do not guarantee uninterrupted or error-free operation. We may perform maintenance (scheduled or emergency) that may temporarily affect availability. If we offer an uptime service level, it will be set out in a separate Service Level Agreement (SLA).

8.3 Beta or Pre-Release Features

We may offer beta, preview, or experimental features ("Beta Features"). Beta Features are provided as-is for evaluation, may be modified or discontinued at any time, and are excluded from any SLAs or warranties.

9. DMCA and Copyright Policy (U.S.)

If you believe content on the Service infringes your copyright, you may submit a notice pursuant to the Digital Millennium Copyright Act (DMCA) to our designated contact:

Address: Pitchback LLC, 200 Park Avenue Suite 1700, New York, NY 10166, USA
Email: contact [at] studiocockpit [dot] io

Your notice must include all information required by 17 U.S.C. §512(c)(3). We may notify the alleged infringer and follow the DMCA counter-notification process as required by law.

10. Term; Suspension; Termination

These Terms begin when you first access the Service and continue until terminated. You may terminate by canceling your subscription and ceasing all use. We may suspend or terminate your access immediately if you violate these Terms, fail to pay fees, create risks or possible legal exposure, or if we discontinue the Service (in which case we will provide reasonable notice and, where feasible, a pro-rata refund for prepaid unused fees).

Upon termination, your right to access the Service ceases. We will delete or de-identify Customer Content from active systems within [30/60/90] days after termination, unless we are legally required or permitted to retain it longer. We may retain backups for a limited period.

11. Disclaimers

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PITCHBACK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT CONTENT WILL BE PRESERVED WITHOUT LOSS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) PITCHBACK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) PITCHBACK’S TOTAL LIABILITY FOR ALL CLAIMS IN THE AGGREGATE WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO PITCHBACK FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of liability for certain damages, so the above limitations may not apply to you to the extent prohibited by law.

13. Indemnification

You will defend, indemnify, and hold harmless Pitchback and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your Customer Content; (b) your use of the Service; (c) your violation of these Terms or applicable law; or (d) any dispute between you and your clients, collaborators, or third parties.

14. Export and Sanctions Compliance

You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in, any country or region subject to a comprehensive U.S. embargo, and you are not a party or subject to any U.S. or other applicable sanctions or restricted party list. You will comply with all applicable export control and sanctions laws.

15. Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of New York, without regard to its conflict of law principles. The exclusive jurisdiction and venue for any action relating to these Terms or the Service will be the state and federal courts located in New York County, New York, and each party consents to personal jurisdiction there. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

[Optional: Prior to filing a lawsuit, the parties will attempt to resolve disputes in good faith through negotiations between authorized representatives for at least 30 days.]

16. Changes to the Service or Terms

We may modify the Service and these Terms from time to time. If we make material changes, we will provide notice (e.g., by posting on our site, via the Service, or by email). The updated Terms will be effective as of the stated effective date. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

17. Publicity

We may identify you as a customer (using your name and logo) on our websites and marketing materials, unless you opt out by notifying us in writing.

18. General

These Terms constitute the entire agreement between you and Pitchback regarding the Service and supersede all prior or contemporaneous agreements on the same subject matter. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. You may not assign these Terms, by operation of law or otherwise, without our prior written consent; any attempt to assign in violation of this section is void. We may assign these Terms without restriction. No waiver will be effective unless in writing and signed by an authorized representative of the waiving party.

19. Contact

Pitchback LLC
200 Park Avenue Suite 1700
New York, NY 10166, USA