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Terms and Conditions

Disclaimer - Limitations of Generative AI

While we have exercised caution in developing the Application, it uses rapidly-evolving experimental technology.

Generative AI models have inherent limitations. These models may produce content that is creative, speculative, unexpected, inaccurate, erroneous or even offensive. Such content does not represent views of Fractal, its management or developers. The generated content is based on patterns learned from data and may not always align with user expectations. They may also exhibit biases or what one may refer to as an “error in judgment”. You are responsible for critically evaluating, ensuring the relevance of, and, if necessary, correcting any biases, incompleteness or errors in such generated content. PitchDark is not intended for use in applications where errors or inaccuracies cannot be tolerated or may result in harm or financial loss.

Users must use discretion in and accept responsibility for relying on, or publishing, or otherwise using content provided by PitchDark.

PitchDark is not intended for providing medical, legal, financial, or other professional advice. Content generated by PitchDark cannot substitute professional advice.

1.1. By accessing, you conclude a legally binding agreement with us, which consists of:

  1. Terms and Conditions,
  2. our Privacy Policy;

(Collectively, the “Agreement”)

1.2. If there is any inconsistency between the parts of this Agreement listed in Clause 1.1 above, the Agreement shall apply in the order of precedence as set out above.

1.3. You accept the Agreement without limitation or qualification and agree to comply with the Agreement at all times.

1.4. PitchDark.ai is created and managed by Fractal.

2. Definitions

Words and expressions in these Terms and Conditions shall have the following meanings unless the context otherwise requires:

  • 2.1. “Account” / “License” means the account created by the user for accessing the content or services.

  • 2.2. “Acceptable Use Policy” means the acceptable use policy that sets out acceptable and unacceptable uses of PitchDark.

  • 2.3. “Affiliates” means an entity directly or indirectly controlling, controlled by, or under direct or indirect common control.

  • 2.4. “Authorised Users” means individuals who have created an account in accordance with this Agreement.

  • 2.5. “Confidential Information” means all information (whether written or oral) which is not generally publicly available or is proprietary to the disclosing party.

  • 2.6. “Content” means any content reasonably required by Fractal to enable you and/or the Authorised Users to use or access PitchDark.

  • 2.7. “Data Protection Laws” means all applicable laws relating to data protection, including the collection, disclosure, use, storage, transfer or Processing of Personal Data.

  • 2.8. “GDPR” means the General Data Protection Regulation (EU).

  • 2.9. “Intellectual Property Rights” shall include all copyright and moral rights, patents, trademarks, service marks, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, know-how, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all similar or corresponding proprietary rights.

  • 2.10. “Intellectual Property Rights” shall include all benefits, privileges, rights to sue, recovery of damages and obtainment of relief for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.

  • 2.11. “Personal Data” shall have the meaning as prescribed by the applicable laws relating to data protection.

  • 2.12. “Privacy Policy” means PitchDark's privacy policy on the Website, as may be updated from time to time.

  • 2.13. “Services” means any service provided by Fractal to you in accordance with the Agreement, including where applicable Support Services and any other services provided through PitchDark.

  • 2.14. “Sites” means PitchDark's application operated by Fractal from which the services are made available to customers.

  • 2.15. “Fractal” means Fractal Analytics Ltd, with a business address of Fractal USA.

  • 2.16. “PitchDark” / “PitchDark Website” means Fractal's website, platform, mobile application, and/or services including software, models, source code, user interface, whitepapers, know-how, training data, tooling, test data, support content, and updates.

3. Access and the use of the Services and Term

Words and expressions in these Terms and Conditions shall have the following meanings unless the context otherwise requires:

3.1. Users must be at least eighteen (18) years of age to register and access an Account with PitchDark. Fractal does not intentionally provide its Services to individuals under the age of eighteen (18). If we become aware of a person under the age of eighteen (18) accessing or using PitchDark, we will take the following actions:

  • Account Termination: We will promptly prohibit and block such Account without prior notice.
  • Data Deletion: We will make all reasonable efforts to promptly delete any data associated with such Account.

PitchDark assumes no liability towards individuals found to be in violation of this age requirement.

3.2. When creating an Account and during the term of the Agreement, you must provide and keep the Account information true, accurate, current, and complete about yourself as requested to create and maintain the Account.

3.3. Subject to and your compliance with the Agreement, Fractal hereby grants you a non-exclusive, non-transferable, royalty-free, limited and revocable license to access, and use PitchDark made available to you and/or permit the Authorised Users to use PitchDark.

3.4. The rights provided under this clause are granted to you only and shall not be considered granted to any of your Affiliates or any other third parties, unless otherwise agreed in writing by PitchDark.

3.5. You shall be liable for all activities conducted using PitchDark and you shall not use PitchDark in any way that adversely prejudices and/or harms PitchDark and/or its Affiliates and their respective officers, employees, agents, partners or customers.

4. Product Revisions and revision to Subscription Fees

Words and expressions in these Terms and Conditions shall have the following meanings unless the context otherwise requires:

4.1. Fractal reserves the right to vary types and quantities of add-ons, functions, features, services that may be offered to you by Fractal at any time without prior notice to you.

4.2. Further, Fractal reserves the right to revise Subscription Fees from time to time. The Subscription Fee will not increase during the current subscribed term of your subscription unless you exceed your applicable limits and/or incur overages invoiced at the then-current rates.

Your monthly subscription provides you with a designated quantity of credits. Credits are a simple, flexible way to pay for what you use. Credits work across all usage-based features and give you a clear way to manage and plan your usage each month. Your credits reset monthly during your subscription term. Unused credits would roll over if offered in the subscribed plan.

If you exhaust the number of available Credits, certain features of the platform would stop until you either buy additional Credits or the monthly Credits are replenished at the beginning of every month, based on your subscription plan.

5. Representations and Warranties

Words and expressions in these Terms and Conditions shall have the following meanings unless the context otherwise requires:

5.1. You shall:

  1. comply with the Agreement in connection with the use of PitchDark.
  2. ensure that all Content supplied to Fractal is (i) not unlawful or fraudulent; (ii) has not been uploaded or provided for an improper purpose; (iii) does not contain any discriminatory, defamatory, abusive, inappropriate, obscene or offensive language; (iv) is true, current and accurate; (v) does not contain any Virus and/or Vulnerability; (vi) does not provide any false or misleading information or misrepresent any law or fact; or overstate or convey a false impression of any relevant information; (vii) is not disparaging or prejudicial to or shall not negatively affect Fractal or its reputation; (viii) does not exploit Fractal’s business, or cause Fractal to be exposed to liability and/or reputational damage.
  3. use all reasonable endeavours to prevent any unauthorised access to, or use of, PitchDark and, in the event of any such unauthorised access or use, promptly notify Fractal.

5.2. You shall not:

  1. license, sub-license, sell, rent, lease, transfer, assign, access, or otherwise commercially exploit PitchDark.
  2. copy, modify, duplicate, frame, mirror, republish, display, all or any portion of PitchDark or any technology or system used by Fractal in connection with providing the Product, in any form or media or by any means.
  3. de-compile, reverse compile, disassemble, reverse engineer, discover any trade secret contained in or otherwise reduce to human-perceivable form all or any part of PitchDark or other technology and/or system under the suite of PitchDark.
  4. use PitchDark to process, transmit or otherwise make available any content and/or material that infringes or misappropriates the Intellectual Property Rights and/or proprietary rights of any third-party.
  5. build a product or service using similar ideas, features, functions or graphics to PitchDark.
  6. introduce or permit the introduction of any Virus and/or Vulnerability into PitchDark, network, or information systems, including but not limited to PitchDark and/or any other products.

5.3. You represent and warrant to us that at all times:

  1. you hold all necessary authorisations, licenses, consents, approvals to publish or disseminate the Content to Fractal, and to input into PitchDark and/or the Product the Content without infringing the rights of any third-party, including any third-party Intellectual Property Rights, and without violating any law, and all Content submitted by you to Fractal does not violate or infringe upon any common law or statutory rights of any party including, without limitation, contractual rights, copyright, and rights of privacy, and there shall not be contained in or incorporated into the Content each and every part provided by you to Fractal, anything which would infringe or misappropriate any Intellectual Property Rights, any other personal or proprietary right, or any publicity or privacy right of any third-party and no third-party shall have any right to assert any claim of ownership of or infringement or misappropriation of any Intellectual Property Right as to any portion of the Content.
  2. you will comply with all applicable laws, rules, and regulations and that you will not use or prompt PitchDark to perform or facilitate dangerous, illegal, or malicious activities, including generating the following categories of content listed below.

    you will comply with all your obligations set out in the Agreement; and

    you agree that Fractal may review the Content, and the inclusion of the Content by Fractal in PitchDark.

  3. you will not de-compile, reverse compile, disassemble, reverse engineer, discover any trade secret contained in or otherwise reduce to human-perceivable form all or any part of PitchDark or other technology and/or system under the suite of PitchDark.
  4. you will not use PitchDark to process, transmit or otherwise make available any content and/or material that infringes or misappropriates the Intellectual Property Rights and/or proprietary rights of any third-party.
  5. you will not build a product or service using similar ideas, features, functions or graphics to PitchDark.
  6. you will not introduce or permit the introduction of any Virus and/or Vulnerability into PitchDark, network, or information systems, including but not limited to PitchDark and/or any other products.
  1. Harm. Content that may harm or promote the harm of individuals or a group, such as content that may insult, defame, harass or have unfair or adverse impact on people, especially those having sensitive or protected characteristics.
  2. Harassment. Content that promotes or encourages hatred; harassment that incites or is intended to intimidate, abuses, or insults others, including on the basis of gender, religion, race, and ethnicity.
  3. Violence. Content that may facilitate, promote, or incite violence; encourage self-harm.
  4. Sexually-explicit. Content that is sexually explicit, including content created for the purposes of pornography or sexual gratification.
  5. Obscenity. Content that is obscene, pornographic, paedophilic, invasive of another person’s bodily privacy.
  6. Misinformation. Content that may be used to disseminate information which is patently false and untrue, and intentionally communicates any misinformation or disinformation. This includes generating content that may be a threat to the integrity of any electoral process.
  7. Misrepresentation. Content that is intended to misinform, misrepresent or mislead about the provenance of generated content by claiming content was created by a human, or represent generated content as original works, in order to deceive.
  8. Misrepresentation. Content that is intended to misinform, misrepresent or mislead about the provenance of generated content by claiming content was created by a human, or represent generated content as original works, in order to deceive.
  9. National integrity. Content that violates the safety, integrity, defenses, security or sovereignty of any government, friendly relations with foreign States, or public order.
  1. you will comply with all your obligations set out in the Agreement; and
  2. you agree that Fractal may review the Content, and the inclusion of the Content by Fractal in PitchDark.

9. Disclaimers

9.1. You expressly understand and agree that:

  1. YOUR USE OF PITCHDARK AND SERVICES IS AT YOUR OWN RISK. PITCHDARK AND SERVICES ARE PROVIDED BY FRACTAL ON AN “AS IS” BASIS. FRACTAL EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, RELIABILITY, PERFORMANCE, SECURITY, CONTINUED AVAILABILITY, OR INTER-OPERABILITY WITH OTHER SYSTEMS OR SERVICES.
  2. Fractal makes no warranty that, except as expressly stated herein this Agreement:
    1. PitchDark will meet your requirements;
    2. your use of the Marshall and/or the Services will be uninterrupted, timely, secure, accurate, and error-free;
    3. PitchDark and/or Services will be accessible at any time or at all times via the channel selected or used by you;
    4. the quality of PitchDark, information, or other material purchased or obtained by you from Fractal will meet your expectations;
    5. any errors in PitchDark and/or Services will be corrected; and
    6. the information and content provided in PitchDark is complete, accurate, or current.

9.2. For the avoidance of doubt, no advice or information, whether oral or written, obtained by you from Fractal or its employees or agents shall create any condition, warranty, or guarantee not expressly stated in the Agreement.

10. Personal Information and Personal Data

10.1. You acknowledge that Fractal may collect, use, store, and disclose your Personal Data for the purposes as set out in our Privacy Policy, and all Personal Data provided by you is subject to our Privacy Policy.

10.2. Fractal shall comply with the Data Protection Laws relating to the collection, use, disclosure, and retention of Personal Data.

10.3. You undertake that you will comply with all Data Protection Laws. If you provide to Fractal any Personal Data relating to a third-party (including in the Customer Personal Data), by submitting such information to us, you warrant and represent to us that you have obtained the consent of such third-party to you providing us with their Personal Data for the collection, use, and disclosure of their Personal Data for all purposes set out in our Privacy Policy, by or for the benefit of the persons referenced in the same, and the provision of the Product to you.

11. Term and Termination

11.1. Fractal may immediately terminate any Account, License, and/or the Agreement, or terminate or suspend your access to all or part of PitchDark:

  1. if you commit a material breach of any of your obligations under the Agreement;
  2. if any of the representations or warranties you make pursuant to the Agreement are incorrect;
  3. if required by any law or regulation, or by any enforcement or other government agency or regulatory authority;
  4. if you or your Content infringe any Intellectual Property Rights of Fractal or any third-party;
  5. in the event of discontinuance or material modification to PitchDark, the Sites, and/or the Services or part thereof;
  6. in the event of any unexpected technical or security issues;
  7. in the event of a Security Event.

11.2. Termination of Agreement shall be without prejudice to any other rights or remedies Fractal may be entitled to under the Agreement, at law or in equity, and shall not affect any accrued rights or liabilities nor the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.

12. Confidentiality

12.1. You agree to keep confidential, and to procure that the Authorised Users keep confidential, any Confidential Information and shall not disclose the Confidential Information to any other person unless disclosure has been expressly permitted in writing. Confidential Information shall only be used for the purposes of the Agreement and in performing your obligations under the Agreement.

12.2. You shall immediately notify Fractal if you suspect, or become aware of, any unauthorised reproduction, use, disclosure, transfer, or storage of Confidential Information.

12.3. The provisions of this clause shall survive and continue in full force and effect notwithstanding any expiry or termination of the Agreement.

13. Reporting

13.1. You are solely responsible for the preparation of any report. While Fractal may provide tools and services in PitchDark and the Sites to assist in your reporting, you acknowledge and agree that any tools and services provided are merely a convenience and that you retain sole responsibility for ensuring the timeliness, accuracy, and completeness of any reports you submit.

14. Anti-Bribery and Corruption

14.1. You represent and covenant that you will:

  1. comply with all anti-bribery laws and regulations; and
  2. not engage in, encourage, permit, condone, or tolerate any form of bribery or corruption whatsoever, whether direct or indirect, and whether financial in nature or otherwise.

14.2. To the extent permitted by law, you shall promptly notify Fractal of any investigation by a governmental authority (including regulatory agencies) or violations by you of any law or regulation with respect to anti-bribery or anti-corruption laws and any matters relating in any way to the Agreement or which could potentially impact the continuity of your performance of the Agreement.

15. Force Majeure

15.1. No failure or omission by Fractal to carry out its obligations or observe any stipulation or condition of the Agreement shall give rise to any claims against Fractal or be deemed a breach when such failure or omission arises from a cause of force majeure, including acts of God, new statutory enactments or modifications, war or warlike hostilities, pandemics, epidemics, acts of terrorism, civil commotion, riots, blockades, embargoes, sabotage, strikes, lockouts, shortage of material or labour, delay in deliveries from sub-contractors, machine failure caused by force majeure, or any other event that is unforeseeable and outside the reasonable control of Fractal. Upon the occurrence of any event mentioned in this clause, Fractal shall for the duration of such event or events be relieved of any obligation under the Agreement that is affected, save that the provisions of the Agreement shall remain in force with regard to all other obligations that are not affected by the event or events.

16. Notices

16.1. All notices from you to Fractal regarding the Agreement shall be sent via email to copyinglegal@fractal.ai. Communications delivered by email shall be effective when actually received by Fractal in readable form and subject to there being no bounce-back notification or sending failure notification.

16.2. Fractal will send notices and other communications to you at the email address you have provided in your account, and it is your responsibility to ensure that Fractal has your current contact email address.

17. General

17.1. The Agreement constitute the entire agreement between Fractal and you in relation to their subject matter and supersede any prior agreements, discussions, representations and undertakings between the parties (whether written or oral).

17.2. Fractal may amend the Agreement at any time and will provide a notice to you. The amended Agreement will be made available on the Platform. You are advised to check for amendments to the Agreement regularly, prior to PitchDark. Your continued use of PitchDark shall constitute your agreement to the revised Agreement.

17.3. Any failure by either Parties to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The rights and remedies provided in the Agreement are cumulative and not exclusive of any rights or remedies (whether provided by law or otherwise).

17.4. Should any provision of the Agreement be held invalid, illegal or unenforceable in any respect under the law of any jurisdiction, the remaining provisions of the Agreement shall be unaffected and shall remain in full force and effect and the Agreement will be amended to give effect to the eliminated provision to the maximum extent possible.

17.5. Except as expressly set out in the Agreement, any person not a party to the Agreement shall acquire no rights whatsoever under the Agreement.

18. Governing Law and Dispute Resolution

18.1. The Agreement shall be governed by and construed in accordance with the laws of India and the United States, and any claims or disputes of whatever nature shall be subject to the exclusive jurisdiction of the courts in Mumbai and New York.