ACCEPTANCE OF TERMS.

The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others who may interact or interface with TPDA, also known as The Pitch Deck Agency, located in Los Angeles, California, ‍and our subsidiaries and affiliates, in association with the use of the TPDA website(s), which includes https://thepitchdeckagency.com, (the "Site") and its Services, which shall be defined below.

We reserve the right to change these Terms at any time in our sole discretion. If we make any changes to our TOS, we will post a new policy on the Site and update the “last updated” date set forth above. You should check these TOS each time you visit our Site for any changes. If you continue to use the site after any changes to these TOS, you agree to and accept those changes.

DESCRIPTION OF WEBSITE SERVICES OFFERED.

The Site is an online portal for presentation services which has the following description:

A web-based online order e-commerce store that lets users order digital presentations in a cohesive, structured, format, which we are pleased to provide for you, our content, design, and review services, along with any other offerings on the Site (the “Services”) for your business needs.

SERVICES DO NOT INCLUDE:

• production of videos,

• design of infographics or custom images,

• creation of logos or any other corporate identity material,

• production or purchase of photographic assets (stock photos or any other photos for specific industries). We work with open image libraries and use them to provide imagery that represents the look and feel designed for each slide. These photos are for illustrative purposes only. You can keep our suggested images or update them later to include your own photos. Alternatively, you can share your photos with our team along with the rest of the project’s assets before the delivery of the first draft and our team will use them for the design process. Requests for us to provide specific photos are not part of our Services.

In some cases, if you are working with our Agency, the specifics of the Services, such as deck features, price, and estimated delivery time, may be detailed in the proposal or email sent to you and shall be considered as Exhibit A (the “Proposal”) of this TOS. The terms and conditions established in the Proposal are considered part of this TOS, incorporated into this TOS by this reference, and deemed accepted by you checkout, purchase, consent, or signature of this TOS, any payment you make to us for the Services, and/or your use of our Services.

REGISTRATION AND ACCESS TO THE SITE.

To register and become a "member" of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving TPDA's Services under the laws and statutes of the United States or other applicable jurisdictions.

As a user of our Site, you agree to represent yourself accurately and truthfully at all times. You grant TPDA the right to independently verify any information that you post on the Site or provide to TPDA about yourself, including any information that you provide in order to make any purchases of services through the Site. Registration is required to view certain areas of the Site. You must complete the registration process by providing TPDA with certain information as prompted by the applicable registration form. The information that you provide is covered by our Privacy Policy. During the registration process, you will choose a username and password. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your password and account. You agree to notify us immediately at our customer support address, help@thepitchdeckagency.com, of any breach of security or unauthorized use of your account or password. TPDA will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else’s account at any time unless you have their permission and they are a member of your household, and you may not transfer, sell or otherwise grant access to your account to anyone unless they are a member of your household and agree to be bound by these TOS.

Upon cancellation or termination of your access to password-protected areas of the Site, TPDA reserves the right to deactivate your account and delete your user profile.

When you register, TPDA may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry, and personal interests. Once you register with TPDA and sign in to our Services, you are no longer anonymous to us.

Furthermore, the registering party, or you, hereby acknowledges, understands, and agrees to:

• furnish factual, correct, current, and complete information with regards to yourself as may be requested by the data registration process, and

• maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.

If anyone knowingly provides any information of a false, untrue, inaccurate, or incomplete nature, TPDA Inc will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of TPDA’s Services, or any portion thereof.

It is TPDA’s priority to ensure the safety and privacy of all its visitors, users, and members, especially of children. Therefore, it is for this reason that the parents of any child under the age of 16 that permit their child or children access to the TPDA website platform Services must create a "family" account, which will certify that the individual creating the "family" account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the "family" account. As the creator of the "family" account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent's and/or legal guardian's responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.

PRIVACY POLICY.

‍Every member's registration data and various other personal information are strictly protected by the TPDA Privacy Policy (see the full Privacy Policy at https://thepitchdeckagency.com/privacy). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within other countries for storage, processing, or use by TPDA and/or our subsidiaries and affiliates, all in accordance with local regulations applicable.

YOUR SUBMISSIONS TO US/THE SITE.

By submitting any reviews, suggestions, feedback, or other items or information, whether or not solicited by TPDA, or creating a public presentation, (“Public Submissions”), you hereby grant to TPDA and other users of the Site an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license with the right to sublicense (“License”) to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense and otherwise exploit your Public Submissions and all intellectual property rights therein, in any manner or medium now existing or hereafter developed. Public Submissions may be used for any purpose by TPDA and/or other users of the Site, and TPDA is under no obligation to publish or use any Public Submission. If your Public Submission is published, used, and/or posted on the Site or otherwise used by TPDA, we may include your name, likeness, photo, or biographical information in conjunction with such publication, posting, or use. By submitting, disclosing, or offering a Public Submission, you hereby grant TPDA the right to use your name in connection with the publication, use, or posting of your Public Submission. You must include your full name and e-mail address with your Public Submission so that we can contact you if we have any questions about your Public Submission; however, only your name will be published with your Public Submission.

You hereby represent and warrant that you have the authority and right to grant the License and that your Public Submissions do not violate any third-party intellectual property rights. You agree to take any necessary steps (such as executing affidavits) requested by TPDA as may be needed to confirm or formalize the License.

By creating a private presentation (“Private Submission”), you hereby grant to TPDA an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to publish your Private Submission to the Site in such a way that it is viewable only by you. Private Submissions will not be made available to other users of the Site or generally over the internet; however, if a Public Submission is later changed to a Private Submission, archival copies of the Private Submission may have been created by search engines while it was a Public Submission, a fact over which TPDA has no control. You hereby represent and warrant that your Private Submissions do not violate any third-party intellectual property rights.

TPDA reserves the right at all times to disclose any information that TPDA deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any Submissions or other materials, in whole or in part, in TPDA’s sole discretion.

As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the TPDA Services, and as such, we do not guarantee the accuracy, integrity, or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by TPDA.

SERVICE CANCELLATION, ISSUING OF REFUNDS, AND INDEMNIFICATION

The Services can be canceled at any time prior to the moment our team starts working on your deck. That means you can request the cancellation of the Services up to twenty-four (24) hours before the briefing call. If the cancellation of Services happens at this moment, we may issue a partial refund of your purchase, the amount of the partial refund will be determined at our sole discretion based on the time incurred by our team in your project.

If the cancellation of the Services happens at any time after the indicated moment and our team has started to work on your presentation, no refunds will be issued under any circumstances. Furthermore, you acknowledge that our Services are provided in accordance with your objectives, instructions, style preferences, branding requirements, and any assets, material, or Project Assets you have provided in due time and that you rely on our team’s expertise for writing the deck and designing your presentation, therefore, no refunds will be issued due to creative differences that may arise between you and TPDA.

Furthermore, TPDA will have no obligation to indemnify you if the deliverable does not meet your expectations.

POINT OF CONTACT

You shall appoint a sole representative with full authority to serve as its primary contact with respect to the TOS and Services and as the point of contact for the Services. All communications between TPDA and you shall be managed directly with the contact point through their provided contact information. If, for any reason, you require a change to the designated point of contact, you should notify us indicating who the new point of contact will be, his/her email address, and the reason for the change.

PROPRIETARY RIGHTS.

TPDA, its affiliates, and its licensors own or control all rights, titles, and interest in, under, and to the Site, including the design, user interface, text, copy, graphics, artwork, videos, photographs, trademarks (including Flickr, Unsplash, NounProject images) and other trademarks on our Site), logos, sound, music, computer code and other files (“Content”), and the selection, arrangement and “look and feel” of such Content. Our Content is protected by trade dress, trademark, copyright, and various other intellectual property laws. You herein acknowledge, understand, and agree that all of the TPDA trademarks, copyright, trade name, service marks, and other TPDA logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of The Pitch Deck Agency You herein agree not to display and/or use in any manner the TPDA logo or marks without obtaining TPDA 's prior written consent unless otherwise expressly permitted by TPDA, you may not copy, reproduce, post, publish, display, republish, distribute, transmit, modify, create derivative works from, upload or otherwise exploit any Content, data or materials on or available through our Site, including “mirroring” to any other computer, without our express prior written consent. You are prohibited from (1) using any automated device, such as a robot, spider, deep linker or page scraper, or the manual equivalent, to access, copy, monitor, or scrape any content from our Site or (2) using framing or similar techniques to enclose our Content. You may display and print a single copy of Content from our Site provided that you (1) do so solely for personal, non-commercial use and (2) keep all copyright or other proprietary notice language intact. If you are a public search engine, notwithstanding the above, you may use automated devices to copy Content and other materials available without charge on our Site solely as necessary to make our Site publicly searchable. All of TPDA’s, its affiliates’, or its licensors’ rights to the Site, the Content, or intellectual property not expressly granted to you are reserved.

THIRD-PARTY COMPONENTS.

You acknowledge and agree that use of the Services and the Site requires third-party equipment and software (collectively, the “Third Party Components”) that must be provided by you. The Third Party Components include, without limitation, the following: a computer, a connection to the internet, operating system software, and a web browser (the necessary version of any of the foregoing may be designated by TPDA from time to time). TPDA SHALL HAVE NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY WITH RESPECT TO THE THIRD-PARTY COMPONENTS.

DISCLAIMER.

YOUR USE OF THE SITE AND SERVICES PROVIDED THEREIN IS AT YOUR SOLE RISK UNLESS EXPLICITLY STATED OTHERWISE. UNLESS EXPLICITLY STATED OTHERWISE, THE SITE, INCLUDING THE SERVICES PROVIDED THEREIN, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. UNLESS EXPLICITLY STATED OTHERWISE OR REQUIRED UNDER APPLICABLE LAW, TPDA DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF ACCURACY, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TPDA MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE SITE OR THE SERVICES PROVIDED THEREIN. TPDA MAKES NO WARRANTY OR REPRESENTATION THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF ANY VIRUSES, TROJAN HORSES, OR WORMS.INDEMNIFICATION

UNLESS EXPLICITLY STATED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION WITHIN THE SITE. THE SITE MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR OMISSIONS. TPDA ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS, OR OMISSIONS.

TPDA DOES NOT ENDORSE OR CLAIM OWNERSHIP OF AND IS NOT LIABLE FOR, ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, DATA, TEXT, INFORMATION, USERNAMES, GRAPHICS, IMAGES, PHOTOGRAPHS, PROFILES, AUDIO, VIDEO, ITEMS AND LINKS POSTED BY YOU, OTHER USERS OR OUTSIDE PARTIES ON THE SITE), INCLUDING WITH RESPECT TO (a) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY; OR (b) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM THE SITE, OTHER THAN AS REQUIRED UNDER APPLICABLE LAW. UNDER NO CIRCUMSTANCE WILL TPDA BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE OR A LINKED WEBSITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OPINION, ADVICE, PRODUCTS, OR OTHER CONTENT AVAILABLE THROUGH THE SITE OR THE SERVICES. YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, TPDA, ITS AFFILIATES AND ANY OTHER OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SERVICES, EVEN IF TPDA HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE SITE OR SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING, WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION THAT YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TPDA’S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS LICENSORS, TO YOU OR ANY THIRD PARTIES FOR ANY CLAIMS ARISING OUT OF THE USE OF THIS SITE OR ITS SERVICES IS LIMITED TO THE AMOUNT OF ANY PAYMENTS YOU MADE TO TPDA. TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

INDEMNIFICATION.

You will indemnify, defend and hold TPDA, and its subsidiaries, affiliates, predecessors, successors in interest, officers, managers, agents, licensors, and employees, harmless from any claims, demand, loss, or expense, including reasonable attorneys’ fees, made by any third party relating to or arising out of your use of the Site, your violation of these TOS or your violation of any third party’s rights, including the infringement of a third party’s intellectual property rights by your Submissions. You agree not to hold TPDA responsible for any action, inaction, omission, or misstatement made by other users or for any harm arising from the Services or the Site.

VIOLATIONS OF THESE TOS; TERMINATION.

Without prior notice and in our sole discretion, TPDA reserves the right the right to terminate your account and access to our Site without refund and to block future access to our Site for any violations of these TOS.

WAIVER AND SEVERABILITY.

Any express waiver or failure to exercise promptly any right under these TOS will not create a continuing waiver or any expectation of non-enforcement. If any provision of these TOS is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of these TOS will remain in full force and effect.

DISPUTES; GOVERNING LAW.

All matters relating to the Site and these TOS and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these TOS or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of California. By using the Site, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

You are responsible for resolving disputes with other users. TPDA has no obligation with respect to disputes among users but may, in its sole discretion, intervene. You agree to promptly report any user misconduct to TPDA. You hereby release TPDA, its officers, employees, agents, predecessors, successors, parents, subsidiaries, assigns, and affiliates from claims, demands, and damages, actual and consequential, of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes, our Services or property or space made available through the Site. If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

HEADINGS.

Headings used herein are for convenience of reference only and will in no way affect the interpretation of these TOS.

MISCELLANEOUS.

You shall not assign the TOS or any of your rights or obligations hereunder, and any purported assignment of the TOS by you in contravention of the foregoing shall be null and void.

No agency, partnership, employment, or joint venture is created through the TOS.

TPDA shall not be liable for any failure or delay in its performance under the TOS (including, without limitation, provision of the Services) due to any cause beyond its reasonable control, including acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental acts, acts of third parties, failures of third party software or equipment (including, without limitation, Third Party Components), power or electrical failures, internet protocol packet loss or misrouting, and any internet connectivity failures.

These TOS and our Privacy Policy constitute the sole and entire agreement between you and TPDA with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site, unless otherwise expressly agreed to in writing.

If you have not already done so, you should print or save a copy of the TOS for your future reference.