Terms and Conditions of Service

1. General

Pitchwave websites (“Websites”), mobile applications (“Apps”), and related services (together with the Websites and Apps, the “Service”) are operated by Pitchwave SpA. (“Pitchwave,” “us,” or “we”). Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. Pitchwave may amend, update, or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Websites for at least 7 days after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access, or participate in the Service.

PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. VIEW THESE TERMS HERE.

2. Description of Website and Service

The Service allows users to access and use a variety of educational services, including learning or practicing a language. Pitchwave may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.

3. Acceptable Use of the Services

You are responsible for your use of the Services, and for any use of the Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Services, you must comply with our Community Guidelines.

4. Additional Terms

Some of our Services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using that Service, you agree to the Additional Terms.

5. Registration

In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you and/or your organization as requested by Pitchwave; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to Pitchwave, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.

6. Your Representations and Warranties

You represent and warrant to Pitchwave that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules, and regulations of the United States and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the United States and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any material you submit via the Service (including Activity Materials and Content) and that you have the right, as applicable, to grant us a license to use that material as set forth above or the right to assign that material to us as set forth below.

You represent and warrant that you are not: (1) organized under the laws of, operating from, or otherwise ordinarily resident in a country or territory that is the target of comprehensive U.S. economic or trade sanctions (i.e., an embargo); (2) identified on a list of prohibited or restricted persons, such as the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons; or (3) otherwise the target of U.S. sanctions.

7. Submission of Content

As a condition of submitting any ratings, reviews, information, data, text, photographs, audio clips, audiovisual works, translations, flashcards, or other materials on the Service (collectively, “Content”), you hereby grant to Pitchwave a full-paid, royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, and create derivative works from the Content; incorporate the Content into other works; and sublicense through multiple tiers the Content. You acknowledge that this license cannot be terminated by you once your Content is submitted to the Service. You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Pitchwave, and others as described and otherwise contemplated in these Terms and Conditions. You understand that other users will have access to the Content and that neither they or Pitchwave have any obligation to you or anyone else to maintain the confidentiality of the Content.

You will not upload, display, or otherwise provide on or through the Service any Content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive, or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity, or other personal or proprietary rights); (ii) in Pitchwave’s sole judgment, is objectionable, restricts or inhibits any other person from using the Service, or may expose Pitchwave or its users to any harm or liability of any kind; or (iii) violates Pitchwave’s Community Guidelines.

8. Indemnification of Pitchwave

You agree to defend, indemnify and hold harmless Pitchwave and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.

9. License to Apps

Subject to the terms of these Terms and Conditions, Pitchwave grants you a non-transferable, non-exclusive license to download, install, and use one copy of each App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of any App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate any App or any part thereof. Pitchwave and its licensors own and shall retain all intellectual property rights and other rights in and to the Apps, and any changes, modifications, or corrections thereto. The following terms and conditions apply to you only if you are using the Apps from the Apple App Store. To the extent the other terms and conditions of these Terms and Conditions are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Apps from the Apple App Store. You acknowledge and agree that these Terms and Conditions are solely between you and Pitchwave, not Apple, and that Apple has no responsibility for the Apps or content thereof. Your use of any App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. In the event of any failure of any App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions. You and Pitchwave acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apps or your possession and/or use of any App, including, but not limited to: (i) product liability claims; (ii) any claim that an App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Pitchwave acknowledge that, in the event of any third-party claim that any App or your possession and use of that App infringes that third party’s intellectual property rights, Pitchwave, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions. You must comply with applicable third party terms of agreement when using any App. You and Pitchwave acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and Conditions as they relate to your license of the Apps, and that, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.

10. In-App Purchases

If you purchase an auto-renewing periodic subscription through the Service, your Pitchwave account will be billed continuously for the subscription until you terminate it as set forth below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your Pitchwave account and follow instructions to terminate or change your subscription, even if you have deleted your account.

In the Service, you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency,” including but not limited to virtual gems, solely for use in the Service, and (b) “virtual in-app items” (together with “virtual currency,” “Virtual Items”). You are allowed to purchase Virtual Items through the Service, and not in any other way.

Pitchwave may manage, regulate, control, modify, or eliminate Virtual Items at any time, with or without notice. Pitchwave may update the pricing of Virtual Items at any time in its sole discretion, and may add new Virtual Items for additional fees. Pitchwave shall have no liability to you or any third party in the event that Pitchwave exercises any such rights.

The transfer of Virtual Items is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity, including but not limited to Company, another user, or any third party.

You agree to pay all fees and applicable taxes incurred by you or anyone using a Pitchwave account registered to you. Pitchwave may revise the pricing for the goods and services offered through the Service at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

11. Payment Processors

All financial transactions made in connection with the Service will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third party. In no event will Pitchwave be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment service outages.

12. Refund Policy

All payments are nonrefundable. There are no refunds or credits for Virtual Items or partially used membership periods. However, Pitchwave may grant refunds or credits on a case-by-case basis at our sole discretion. Pitchwave’s grant of a refund or credit in one instance does not obligate Pitchwave to provide a refund or credit in the future, under any circumstances. If you cancel your periodic subscription to a paid Pitchwave service, you will continue to have access to the service through the end of your current billing period.

13. Third-Party Links, Sites, and Services

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Pitchwave. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Pitchwave, you understand that these Terms and Conditions and our Privacy Policy do not apply to your use of such sites. You expressly acknowledge and agree that Pitchwave shall not be responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party website, service, or content.

The Service may include advertisements, which may be targeted to the Content or information on the Service, or other information. The types and extent of advertising by Pitchwave on the Service are subject to change. In consideration for Pitchwave granting you access to and use of the Service, you agree that Pitchwave and its third party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.

14. NO REPRESENTATIONS OR WARRANTIES BY PITCHWAVE

THE SERVICE, INCLUDING ALL IMAGES, AUDIO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY Pitchwave ARE PROVIDED TO YOU ON AN “AS IS” BASIS. Pitchwave AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Pitchwave DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

15. LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Pitchwave BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF Pitchwave HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Pitchwave’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Pitchwave FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

You understand and agree that we have set our prices and entered into these Terms and Conditions with you in reliance upon the limitations of liability set forth in these Terms and Conditions, which allocate risk between us and form the basis of a bargain between the parties.

16. Termination

Pitchwave may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your Pitchwave account at any time by following the instructions available through the Service. Sections 1, 6, 8, and 10-28 of these Terms and Conditions shall survive any termination.

17. Proprietary Rights in Service Content and Activity Materials

All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (“Service Content”), are the proprietary property of Pitchwave or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping, or similar data gathering or extraction methods to obtain Service Content. As between you and Pitchwave, all data, information, and materials generated from your access and use of the educational activities made available on or through the Service, including translated content generated by you (“Activity Materials”), shall be exclusively owned by Pitchwave, and you shall not have any right to use such Activity Materials except as expressly authorized by these Terms and Conditions. By using the Service, you hereby assign to Pitchwave any and all rights, title, and interest, including any intellectual property rights or proprietary rights, in the Activity Materials. All rights of Pitchwave or its licensors that are not expressly granted in these Terms and Conditions are reserved to Pitchwave and its licensors.

18. Trademarks

“Pitchwave” and all other trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or service marks of Pitchwave or their respective owners, and certain of them are registered with the United States Patent and Trademark Office or other trademark authorities. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the Pitchwave name or any Pitchwave or third-party trademarks, service marks, graphics, or logos.

19. Privacy

Use of the Service is also governed by our Privacy Policy, a copy of which is located at www.Pitchwave.com/privacy. By using the Service, you consent to the terms of the Privacy Policy.

20. Promotion Code Terms

Pitchwave may offer codes that can be redeemed for certain Services (“Promotion Codes”). Unless otherwise advertised, Promotion Codes are subject to the following terms, in addition to all other Terms and Conditions. By using or redeeming a Promotion Code, you accept and agree to all applicable terms.

Code Providers In some cases, you may receive your Promotion Code from an authorized third party, such as your employer or another business (“Code Provider”).

Your Code Provider may set additional limitations on your eligibility for the Promotion Code and may terminate your use of the Promotion Code. For example, if you obtained a prepaid subscription to Pitchwave by redeeming a Promotion Code provided by your employer, your employer may terminate your prepaid subscription if your employment ceases. If your Code Provider terminates your use of the Promotion Code, you will retain control of your Pitchwave account and data, and may subscribe to Pitchwave on your own.

If you redeem a Promotion Code from a Code Provider, you understand and agree that Pitchwave may share data relating to your use of the Promotion Code with your Code Provider, including both anonymized, aggregate data, and individual usage data.

Types of Promotion Codes Pitchwave may offer the following types of Promotion Codes: Promotion Codes for Virtual Items (“Virtual Item Code”). All Virtual Items are subject to Section 10 of these Terms and Conditions. Promotion Codes for an extended free trial of a Pitchwave subscription plan, such as Super Pitchwave or Pitchwave Max (“Extended Free Trial Code”). Existing Pitchwave subscribers are not eligible to redeem Extended Free Trial Codes. Furthermore, you may redeem only one Extended Free Trial Code per calendar year. Promotion Codes for a prepaid subscription to a Pitchwave subscription plan (“Prepaid Code”). Existing Pitchwave subscribers are not eligible to redeem Prepaid Codes.

Automatic Renewal Terms for Extended Free Trial Codes To redeem an Extended Free Trial Code, you will be required to select a subscription plan for after your extended free trial and submit valid payment details that are accepted by Pitchwave.

If you redeem an Extended Free Trial Code, unless you cancel at least 24 hours before your extended free trial ends, you will automatically become a recurring subscriber to the subscription plan you selected after your extended free trial ends. The payment method you provided will then automatically be charged for the subscription price you selected. If you cancel during your extended free trial, you will lose access to the subscription service at the end of the free trial.

Terms Applicable to All Promotion Codes Promotion Codes have no dollar value, and may not be redeemed for cash or a refund on an existing subscription or past purchase.

You may redeem each Promotion Code only once.

Some Promotion Codes may be subject to expiration dates or an overall limit of allowed redemptions.

Pitchwave may modify, suspend, or terminate a Promotion Code at any time for any reason.

Reselling or transferring Promotion Codes is strictly prohibited. Any Promotion Codes that have been resold or transferred are null and void.

If any Promotion Code is redeemed or used in violation of this Section or other applicable terms, Pitchwave may invalidate that Promotion Code and terminate any Services obtained from that Promotion Code, without refund or exchange of any kind. Furthermore, if Pitchwave determines that a user has abusively violated any applicable terms, Pitchwave may ban that user from redeeming or using Promotion Codes.

21. Notice for Claims of Copyright Violations and Agent for Notice

If you are a copyright owner and have a good faith belief that any material available through the Service infringes upon your copyrights, you may submit a copyright infringement notification to Pitchwave pursuant to the Digital Millennium Copyright Act by providing us with the following information in writing:

an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Pitchwave’s Agent for Notice of claims of copyright infringement can be reached as follows:

By email: abuse@pitchwave.com

For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.

If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:

Your physical or electronic signature; Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the judicial district in which you reside, or if you reside outside of the United States, then of the federal court in Pittsburgh, Pennsylvania, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification, we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

22. Governing Law

These Terms and Conditions shall be governed by and construed under the laws of the Commonwealth of Pennsylvania, United States of America, excluding any conflict of laws provisions, regardless of your country of origin or where you access the Service.

23. Choice of Forum

Subject to Section 24 (Dispute Resolution & Arbitration), all judicial proceedings relating to or arising out of these Terms and Conditions or the Service shall be brought in Santiago de Chile, Chile. Both parties hereby consent to the personal jurisdiction of the courts sitting in Santiago de Chile, and waive any objections to venue in those courts.

24. Language

This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.

25. Additional Terms for Android Users in China

These Terms and Conditions are a contract between you and Pitchwave SpA., a Delaware corporation based in the United States. All paid Pitchwave Services are developed and operated from the United States. When you pay for a Pitchwave Service, your payment goes to Pitchwave SpA. in Chile. By purchasing or subscribing to a paid Pitchwave service, you agree that you are buying an offshore service based in the United States and Chile.

26. Miscellaneous

These Terms and Conditions constitute the entire agreement between Pitchwave and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by Pitchwave or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Pitchwave may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of Pitchwave and you, and Pitchwave's and your respective successors and permitted assigns.

Last revised on February 12th, 2024

1. General

At Pitchwave, we care about your personal information, so we have prepared this Privacy Policy to explain how we collect, use, and share it. This Privacy Policy applies to Pitchwave websites, mobile apps, and related services (“Service”). By using the Service, you agree with Pitchwave’s collection, use, and sharing of your personal information in accordance with the terms of this Privacy Policy.

Certain Pitchwave services are subject to additional or different terms. For example, when you register for or take the Pitchwave English Test, you are also subject to the Supplemental Privacy Terms for the Pitchwave English Test.

Please note that Pitchwave is constantly testing and improving our product features. Any features discussed in this Privacy Policy may not be available to all users or in all jurisdictions.

2. Information We Collect

When you use the Service, Pitchwave may collect the following personal information about you.

a. Account Registration To register for a Pitchwave account, you may provide us with your age and email address. In some countries, you may also provide us with your phone number.

You may also register for a Pitchwave account using certain social logins, such as Google and Facebook. If you register for Pitchwave using a social login, Pitchwave may receive information about you from your social login provider, including your email address and contacts.

You can manage your Pitchwave account and social logins from your Settings.

b. Profile Page & User-Generated Content After you register for your Pitchwave account, a profile page will be created for you (“Profile”). Your Profile will be populated by information you submit, such as your name, username, bio, and profile picture (“User-Generated Content”). Your age, phone number, and email address are not included in your public Profile and are not considered User-Generated Content under this Privacy Policy. Other Pitchwave users may be able to search for your Profile using your name, username, email address, or phone number.

Your Profile will also include information about your learning progress, such as the languages you are learning, your learning statistics, and your achievements. Moreover, your Profile will show a list of your followers and other users you follow.

By default, your Profile is public, and visible to other Pitchwave users and anyone else on the Internet. In addition, your User-Generated Content may be publicly visible. If your Profile is public, third-party websites or web scrapers may be able to read, collect, and use your public information for their own purposes. However, you can set your Profile to private in your Settings.

You may be able to submit comments that will supplement other users’ Profiles and other users may be able to submit comments that will supplement your Profile. Any comments you submit are considered User-Generated Content under this Privacy Policy. You can delete comments you submit or comments that other users submit to your Profile.

Pitchwave may scan or review any User-Generated Content, or share your User-Generated Content with a third-party content moderation service provider, to ensure compliance with our Community Guidelines. Pitchwave may restrict or delete User-Generated Content if it violates our Community Guidelines or for any other reason.

c. Pitchwave Max If you subscribe to Pitchwave Max, you may interact with Artificial Intelligence (“AI”) features, including Explain My Answer, which provides you with AI-powered feedback on your answers, and Roleplay, which allows you to send text or audio messages to an AI chat companion in an open-ended conversational format.

When you interact with AI features, your information may be shared with AI vendors such as OpenAI, which may keep a copy of your text or audio responses for their own purposes. Please do not submit any personal or confidential information when using AI features.

d. Speaking Challenges Some lessons involve you speaking into the Pitchwave app. To recognize speech, your audio may be sent to a third-party provider such as Google, Apple, or Amazon Web Services. You may disable speaking challenges in your Settings or skip speaking challenges in your lesson.

Pitchwave may also collect and analyze your speech to help us understand the effectiveness of our lessons and to improve the product. You may choose not to share your audio with us for product improvement purposes in your Settings. Any audio you agree to send to Pitchwave is anonymized when it reaches our servers to ensure that no trace of your personal information remains attached to the audio.

e. Contact Sync Feature Pitchwave has a Contact Sync feature, which allows you to find your contacts who also use Pitchwave. If you use Contact Sync, you will give the Pitchwave app permission to access the contacts stored on your phone for the purpose of identifying your contacts who also use Pitchwave. If Pitchwave identifies a user with the same phone number as someone in your contacts, we will recommend that user as someone you may wish to follow.

If you use the Contact Sync feature, Pitchwave will not store your contacts’ phone numbers, but only an encrypted “hash” of them. This hash is an alternative code to the actual phone number and can be used only to uniquely identify the number. The hashing process securely strips away the real phone number, so Pitchwave cannot use the hashes to identify your contacts’ real phone number, contact your contacts, or share their information with anyone else. This hashing process applies only to your contacts’ phone numbers and not yours.

If you have submitted your phone number to Pitchwave, whether through Contact Sync or some other way (such as adding the phone number to your profile, using it to register, or using it to activate other product features), other Pitchwave users who have your phone number in their contacts may be able to locate your Profile using Contact Sync.

f. Activity Data When you use the Service, we may generate data about your use of the Service, which may include your browser and device data, log data, and IP address. We will also generate data regarding your engagement in educational activities on the Service.

g. FullStory When you use Pitchwave in our app or on our website, some of your activity will be logged by a service called FullStory. FullStory captures and analyzes your activity and provides us with data and a video session replay of your activity to help us make the Pitchwave experience better. FullStory does not record usernames, names, profile images, email addresses, profile locations or bios, or passwords. However, FullStory records usage patterns (e.g., clicks, mouse movements, scrolling, and typing), tech specs (e.g., browser, device type, operating system, viewfinder size, script errors, and IP address), navigation (e.g., pages visited, referrers, URL parameters, and session duration), and learning activity (e.g., session progress and answers). You can disable FullStory activity recording by using the opt-out function on FullStory’s website. FullStory is disabled for known Child Users.

h. Cookies When you access the Pitchwave website, we store certain data from your browser using cookies. A cookie is a piece of data stored on the user’s computer tied to data about the user. We use session ID cookies to confirm that users are logged in. If you do not want your data to be collected by cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. However, cookies may be necessary to provide you with certain features available on the website (e.g., customized information). You can find more information about cookies and how to manage them here.

You can see a list of all cookies used at Pitchwave on our Cookie List page and manage your cookies in the Privacy Preference Center. Please note that our cookies include Targeting Cookies from Google, Facebook, Amazon, and other companies, which these companies may use to track your activities across multiple websites to deliver personalized advertising to you.

Desde Internet Explorer (en Windows)

https://windows.microsoft.com/es-es/windows-vista/block-or-allow-cookies

Microsoft Edge

https://support.microsoft.com/es-ar/help/4027947/microsoft-edge-delete-cookies

Firefox

https://support.mozilla.org/es/kb/habilitar-y-deshabilitar-cookies-que-los-sitios-we

Google Chrome

https://support.google.com/chrome/bin/answer.py?hl=es&answer=95647

Opera

https://help.opera.com/Windows/11.50/es-ES/cookies.html

Safari (en Mac)

https://www.apple.com/legal/privacy/es/cookies/

i. Google Analytics We use Google Analytics, which is a web analytics tool that helps us understand how users engage with our website. Like many services, Google Analytics uses first-party cookies to track user interactions, as in our case, where they are used to collect information about how users use our site. This information is used to compile reports and to help us improve our site. These reports disclose website trends without identifying individual visitors. You can opt out of Google Analytics by installing Google’s browser add-on available here.

3. How We Process Your Information

Pitchwave may process your personal information according to the following legal bases: to provide products or services you request, to promote Pitchwave’s legitimate interests, to comply with legal obligations, and with your consent. In particular, Pitchwave may process and share your personal information in the following ways:

a. Providing and improving the Service Pitchwave will process your personal information to provide and improve the Service. For example, we will use the information you provide to maintain your Profile and learning progress, display your Profile to other users (unless you make it private), personalize learning content, detect and fix bugs, perform research, and provide customer service to you.

Pitchwave may share personal information with third parties that help us provide or improve the Service, including hosting providers such as Amazon Web Services, search engine providers such as Google, analytics providers such as Crashlytics, support providers such as ZenDesk, and payment processors such as Stripe. Pitchwave may also share your information with third-party vendors that support product features such as AI, speech recognition, and content moderation.

If you redeem a promotion code to gain a Pitchwave subscription, we may share data regarding your usage of Pitchwave with the organization that provided the promotion code to you.

b. Communicating with you Pitchwave will use the email address or phone number you provide to send you the following types of messages:

Essential messages to support the operation of the Service. Messages to support the Pitchwave teaching methodology and reinforce your learning, such as learning tips, reminders to practice, and progress reports. Notifications about friend requests and your friends’ progress on Pitchwave. Announcements regarding changes to the Service or products. Announcements of new Pitchwave products, services, offers, or research opportunities. You may opt-out of receiving non-essential messages in your Settings.

c. Complying with law and preventing harmful activities Pitchwave may process and share personal information if necessary to comply with legal requests, such as subpoenas or court orders. Pitchwave may share personal information when we believe it is necessary to comply with law, to protect our interests or property, to prevent fraud or other illegal activity, to assist law enforcement, or to prevent imminent harm. This may include sharing information with other companies, lawyers, agents, or government agencies.

d. Personalized advertising Pitchwave may process and share your personal information for the purpose of providing you with personalized advertising. To provide personalized advertising, we work with a variety of third-party advertising networks, marketing analytics service providers, and website analysis firms, such as Google, Facebook, Oath, and Unity. These third-party advertising service providers collect and use personal information about your visits to and use of the Service, as well as other websites, in order to serve you with advertisements and content tailored to meet your preferences and likely interests, and better understand ad effectiveness. Aggregate demographic and interest data will also be used for market research purposes.

You can opt out of receiving personalized advertising in your Settings. You may also be able to opt out of receiving personalized ads from advertisers and ad networks that are members of the Network Advertising Initiative or who follow the DAA Self-Regulatory Principles for Online Behavioral Advertising using their respective opt-out tools hyperlinked above. In addition, your mobile devices may offer settings that let you make choices about the collection, use, and transfer of mobile app information for personalized ads (for example, Apple iOS’ Advertising ID and Google Android’s Advertising ID). Users in certain jurisdictions (including the European Union and United Kingdom) are opted out of personalized advertising by default, but may opt in.

Please note that opting out of personalized advertising does not prevent the display of all advertisements to you. Certain Pitchwave subscriptions may offer an ad-free experience.

e. Anonymous information Pitchwave may process aggregated, de-identified, or otherwise anonymous or anonymized information for any purpose. Such information is not considered personal information.

4. Your Data Subject Rights

You also have the following rights in relation to the personal information we hold about you, in addition to any other rights required by applicable law:

Know what personal information we have collected about you. Access a copy of the personal information that we hold about you. Know what personal information about you we have shared with third parties. Opt out of the sharing of your personal information with third parties. Object to our processing of your personal information. Request that we limit our use of your sensitive personal information to what is necessary to perform the services you requested. Not be discriminated against for exercising your data subject rights. Request that we delete any personal information we have collected from you. Request that we correct any inaccurate personal information about you. Export the personal information you have provided to Pitchwave in a format that can be transferred electronically to a third party. Withdraw any consent you previously gave us to process your personal information. Delete your Pitchwave account by following the instructions in the Service. You may update or correct your information, and exercise certain opt-out rights, in your Settings page. You may request to access or erase your personal information at the Pitchwave Data Vault. To make another privacy-related request, please send an email to privacy@pitchwave.com.

Please note that these rights are not absolute and Pitchwave may refuse requests to exercise data subject rights if there is a legitimate reason, such as if we cannot authenticate your identity, if the request could violate the rights of a third party or applicable law, or if the request could interfere with a Pitchwave service or prevent us from delivering a service you requested.

You may also have the right to make a GDPR complaint to the relevant Supervisory Authority. Here is a list of EEA Supervisory Authorities, and a link to the UK Supervisory Authority.

5. Data Retention

Pitchwave will generally retain your personal information until your account is deleted. However, Pitchwave may retain certain information longer if necessary to provide our Service, defend our legitimate interests or those of third parties, comply with legal requirements, resolve or defend ourselves in disputes, investigate misuse or disruption of the Service, or perform agreements. We may also retain anonymous data indefinitely.

6. Child Users

We know that children deserve extra privacy protection. That’s why we treat Child Users (meaning users under the age of 13 in the United States or another age of digital consent in their country) differently to ensure their parents are in control and we only collect the bare minimum information we need to make Pitchwave work.

Child Users are permitted to create a Pitchwave account, but we ask them to provide their parent’s email address instead of their own, and to register using a username that is not tied to their real name.

After a Child User registers, we will send an email to the parent’s email address about Pitchwave’s privacy practices regarding Child Users, including what personal information we collect and how we use, share, and protect that personal information. The email also explains how parents can request to access, change, or delete information about their child.

All Child Users receive the following special treatment when using Pitchwave (“Age Restrictions”):

Lessons are made age-appropriate by removing mature words. Advertisements are non-personalized and set to family-safe content. Child Users cannot submit their real name or any pictures to their Profile, but are represented only by a letter avatar or cartoon avatar they can create from preset options. The Contact Sync feature is disabled. Promotional emails are disabled. Child Users’ speech data is not shared with Pitchwave for product improvement purposes. Child Users in certain jurisdictions (including the United States, European Union, United Kingdom, Norway, Canada, Australia, New Zealand, Singapore, South Korea, and Japan) are subject to these additional Age Restrictions:

Child Users may not submit User-Generated Content to Pitchwave. Child Users may not provide Pitchwave with their real name, profile picture, location, contact information, or other personal information. Child Users cannot link their Pitchwave account to their contact information or to their accounts on other online services. Child Users’ Profiles contain no personal information that could be used to publicly identify or contact the child, but only the Child User’s username, an avatar created from preset options, list of friends on Pitchwave, and information about their learning progress on Pitchwave. Child Users may join paid Pitchwave Family Plans. If a Child User joins a paid Pitchwave Family Plan, their profile will be visible to other members of the same Pitchwave Family Plan.

We have activated limited social features for some Child Users. Child Users with these features active can only participate in social features on a limited basis as follows:

Child Users can only search for other users, or be searched for by other users, using an exact username or a referral link. Your Child User may see other Child Users in friends suggestions, but only if the other Child User follows your Child User or has mutual followers with your Child User. Child Users will not see or be seen by non-Child Users in friends suggestions. Child Users’ Profiles will be visible from their friends’ profiles. Child Users can only send or receive canned “Kudos” to or from mutual followers; they cannot cannot send or receive user-written messages. Child Users can participate in the “Friends Quest” feature with mutual followers. You can block or unfollow other users on your Child User’s behalf. You can disable social features for your Child User under Settings at any time. Child Users will have access to leaderboards but will receive the following special treatment:

The Child User’s username will be anonymized to all other users in the leaderboard. For example, the Child User could appear as “John Smith” instead of their real username to other users. Other leaderboard users will not be able to view the Child User’s Profile or follow the Child User from leaderboards. Child Users will only see avatars instead of profile pictures in their leaderboard. Child Users will see sanitized usernames on their leaderboard; usernames that have profane or obscene words will be replaced with a fake username for Child Users. You can disable Leaderboards for your Child User under Settings in your child’s Profile at any time. Parents may remove their child’s Age Restrictions. Additionally, parents can report any abuse to us at abuse@pitchwave.com.

In addition, all users under the age of 16 receive the following special treatment:

• Advertisements are set to non-personalised.
• Third-party behavioral tracking is disabled.
• Third-party analytics are disabled. With regards to the Children’s Online Privacy Protection Act, Pitchwave collects personal information from children under the age of 13 for the sole purpose of performing internal operations of the Service. If we discover that we have unknowingly collected additional personal information from these children, we will delete it. If you believe this to be the case, please contact us at privacy@pitchwave.com.

7. Do Not Track

The Service is not designed to respond to “do not track” signals sent by some browsers.

8. Links to Third-Party Websites

The Service may contain links to other websites. Pitchwave is not responsible for the content or privacy practices of other websites, including any personal or financial information collected by third-party payment processors. We encourage users to be aware of the privacy policies of other websites they visit. This Privacy Policy applies only to information collected by Pitchwave. Any time you click on a link (including advertising banners) or submit your personal information to a third-party website, you will be subject to that third party’s privacy policies.

9. Privacy Policy Updates

We may update our Privacy Policy to reflect changes to our information practices. If we do this and the changes are material, we will post a notice that we have made changes to this Privacy Policy on the Website for at least seven (7) days before the changes are made, and we will indicate the date these terms were last revised at the bottom of the Privacy Policy. Any revisions to this Privacy Policy will become effective at the end of that seven (7) day period.

10. Data Transfer

Pitchwave is based in the United States and processes data in the United States, which may not provide equivalent levels of data protection as your home jurisdiction. Pitchwave may transfer the data of users outside the United States to the United States.

11. Data Privacy Framework (DPF)

Pitchwave complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Pitchwave has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. Pitchwave has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Pitchwave commits to resolve DPF Principles-related complaints about our collection and use of your personal information. EU and UK and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF should first contact Pitchwave at: privacy@pitchwave.com.

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Pitchwave commits to cooperate and comply respectively with the advice of the panel established by the EU data protection authorities (DPAs) and the UK Information Commissioner’s Office (ICO) and the Gibraltar Regulatory Authority (GRA) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF. Individuals have the possibility, under certain conditions, to invoke binding arbitration for complaints regarding DPF compliance not resolved by any of the other DPF mechanisms. See Annex I of the DPF Principles for additional information.

Pitchwave has responsibility for the processing of personal information it receives under the DPF Principles and subsequently transfers to a third party acting as an agent on its behalf. Pitchwave shall remain liable under the DPF Principles if its agent processes such personal information in a manner inconsistent with the DPF Principles, unless Pitchwave proves that it is not responsible for the event giving rise to the damage.

The Federal Trade Commission has jurisdiction over Pitchwave’s compliance with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF). Pitchwave may disclose personal information in response to lawful requests by US public authorities, including to meet national security or law enforcement requirements.

12. Supplemental Terms in Certain Jurisdictions

In some jurisdictions, the Service may be subject to supplemental privacy policies or local laws. For users in those jurisdictions, the applicable supplemental privacy policies and local laws will take precedence over this Privacy Policy to the extent they conflict.

13. Contact Us

Pitchwave SpA. is the data controller of your data for the purposes of the General Data Protection Regulation (“GDPR”) and any relevant local legislation. Pitchwave’s headquarters are located within the United States at:

Pitchwave SpA. Santiago de Chile, Chile

For all data privacy inquiries and any questions or concerns you have about this Privacy Policy, please contact our Data Protection Officer at privacy@pitchwave.com.

For all support inquiries, please go to https://support.pitchwave.com.

Last revised on February 12th, 2024