The short version. This summary is for convenience. The full Terms below control.
- You must be 18 or older and use Worth the Pitch for your professional speaking work.
- AI drafts and match scores can contain mistakes. Review everything before you send it. We cannot promise acceptances, bookings, or income.
- Opportunity details come from public sources and can change. Confirm them with the organizer.
- You own your content. You give us permission to use it only to run the service for you.
- Paid plans renew automatically until you cancel. You can cancel online in Settings in a few clicks. Your plan stays active until the end of the period you paid for. If you cancel a yearly plan within 14 days after it renews, we refund the renewal in full.
- Most disputes go to individual arbitration, and class actions and jury trials are waived. We pay nearly all arbitration costs, hearings can be by video, and small claims court is available. You can opt out within 30 days by email, and then you keep your right to go to court with a jury.
1. Agreement and acceptance
These Terms of Service (the "Terms") are a binding contract between you and Evolve AI Institute, LLC, which does business as Worth the Pitch ("Worth the Pitch," "we," "us," or "our"). They govern your use of worththepitch.com, our web application, public speaker pages, emails, and related services (together, the "Service").
How you accept. When you create an account, you must check a box that is unchecked by default. The statement next to the box says that you agree to these Terms, including the arbitration agreement, class action waiver, and jury trial waiver in Section 20, and that you have read our Privacy Policy. Links to both documents appear next to the box. You cannot create an account without checking it. We record the version of the Terms you accepted, the date and time, and the account that accepted them.
Separate consents. Some features ask for their own agreement at the moment you use them: automatic renewal when you buy a paid plan (Section 10), and recording consent for speech practice (Section 8). We record those agreements the same way.
Organizers and visitors. If you send a booking inquiry through a speaker page without an account, the notice next to the Send button tells you that by sending you agree to follow Section 9 (Acceptable use) and that our Privacy Policy explains how we handle your message. Only those parts of these Terms apply to you.
If you do not agree to these Terms, do not create an account or use the Service.
These Terms include an agreement to resolve disputes through individual arbitration and a waiver of class actions and jury trials, explained in Section 20. Please read it carefully.
2. Who may use the service
- You must be at least 18 years old and able to form a binding contract.
- The Service is built for professional use: speakers, trainers, experts, coaches, consultants, faculty, and speaker bureaus or agents who manage speaking work.
- If you use the Service for a company or other organization, you confirm that you have authority to bind it, and "you" includes that organization.
- If you manage profiles for other speakers (for example, on the Pro plan), you confirm that each speaker has authorized you to create and manage the profile, publish it, and submit materials on their behalf, and that you have told them how we handle their information. You are responsible for your use of their information. If a speaker withdraws that authority, you must stop using their profile and delete it or transfer it to them on request. If there is a dispute over who controls a profile, we may unpublish it until the dispute is resolved.
- You may not use the Service if you are barred from doing so under the laws of the United States or any other applicable country, including the sanctions rules in Section 22.
3. Your account and security
- Give accurate information and keep it current.
- Keep your password confidential and use a unique password. You are responsible for activity under your account unless it results from our failure to use reasonable security.
- Tell us promptly at legal@worththepitch.com if you believe someone has accessed your account without permission.
- One person may not share a single-user account with others. Pro plan profiles for multiple speakers are allowed as described in your plan.
4. AI outputs and your responsibility
The Service uses artificial intelligence, including models provided by OpenAI, to score matches, read application forms, build profiles, draft proposals, bios, and messages, and (if you use it) give speech practice feedback. We call these results "AI Outputs."
- AI Outputs can be wrong. They may contain errors, omissions, outdated facts, or statements that do not fit your experience. Similar requests from different users can produce similar results.
- You review before you submit. You are solely responsible for reviewing, editing, and approving everything you submit to an organizer or publish, including its accuracy, your credentials, and your compliance with the organizer's rules.
- No guaranteed results. Match scores, "Worth it" verdicts, and drafts are estimates to help you decide. We do not guarantee that any proposal will be accepted, that any event will book you, or that you will earn any amount.
- Forms we cannot fully read. When an organizer's form requires a login or cannot be read, we infer its fields from the call page. Inferred fields are labeled in the app and may not match the real form.
- Rights in AI Outputs. We assign to you whatever rights we have in the AI Outputs generated for you. The law on ownership of AI-generated material is unsettled, and we make no promise that AI Outputs are protected by copyright, original, or free of third-party rights.
- Some organizers restrict AI-assisted submissions. Checking and following those rules is your responsibility.
5. Opportunity information from third parties
Calls for speakers and event details are gathered automatically from public websites and feeds, submitted by organizers, and summarized by software. Dates, deadlines, fees, travel coverage, formats, and requirements can change or be extracted imperfectly. Always confirm details on the organizer's page or with the organizer before you apply, travel, or commit. We are independent of the events we list. Listing an event does not mean we endorse it, and we are not responsible for organizers, their events, their payments to you, or their decisions.
6. Your content and our license
"Your Content" means anything you or people you authorize upload or enter, including your profile, bio, headshot, talks, documents, proposals, pipeline notes, and recordings.
- You keep ownership of Your Content.
- You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, adapt (for example, to format or draft from it), and display Your Content, only as needed to provide, secure, and support the Service for you, and to publish the parts you choose to make public. Our service providers may exercise this license on our behalf under confidentiality and data protection terms.
- We do not use Your Content to train AI models. We send it to our AI providers through business API services whose terms exclude using API data for model training, and we do not opt in to any training or data-sharing program. If a provider's terms change in a way that would allow training on Your Content, we will switch settings, switch providers, or tell you before it happens.
- If you publish your headshot and name on a speaker page, you also give us permission to display them there and in the directory, and in search results and link previews of those pages, until you unpublish.
- The license ends when Your Content is deleted from our systems, except for content you published publicly that others already copied, and for backup copies that expire on their normal schedule as described in our Privacy Policy.
- You confirm that you have the rights needed to upload Your Content and to grant this license, and that Your Content does not violate anyone's rights or the law.
7. Public speaker pages and the directory
- Your public speaker page and directory listing are off until you choose to publish them. You control what appears and can unpublish at any time.
- Once published, the page is visible to anyone on the internet and can be indexed by search engines and copied by others. Unpublishing removes it from our site, and search engines may take time to update.
- Free plan pages display Worth the Pitch branding. Paid plans may change or reduce branding as described on our pricing page.
- We review directory listings for quality and may decline, feature, order, or remove listings at our discretion, applying the same standards to all users.
- Booking inquiries that organizers send through your page are delivered to you. We do not screen, verify, or take part in any agreement between you and an organizer.
8. Speech practice add-on
Speech practice is an optional paid add-on. When you use it, you record video and audio of yourself rehearsing a talk. We use our AI provider to transcribe the audio, then send the transcript and sampled video frames to that provider to generate coaching feedback on pacing, filler words, clarity, eye contact, posture, and gestures.
- Before your first recording, we ask for your separate, express consent as described in the Speech practice section of our Privacy Policy. You can withdraw consent at any time.
- Record only yourself. If anyone else appears or can be heard, you must first get their consent, and you are responsible for doing so.
- Feedback is general presentation coaching. Do not rely on it as medical, psychological, or speech therapy advice.
9. Acceptable use
You agree to use the Service lawfully and in good faith. You will not:
- submit false credentials, plagiarized material, or misleading proposals to organizers, or impersonate anyone;
- use the Service to send spam or unsolicited bulk messages, including through speaker page inquiry forms;
- access or try to access another user's account or data, or probe, scan, or test our systems for vulnerabilities without written permission;
- scrape, crawl, or bulk download the Service or its directories, or use them to build a competing product or dataset;
- overload or interfere with the Service, bypass plan limits or security controls, or share accounts to avoid paying;
- reverse engineer the Service except where the law expressly allows it;
- upload malware or content that is unlawful, defamatory, harassing, hateful, sexually explicit, or that infringes others' rights;
- use the Service to collect personal information about organizers or other users for purposes unrelated to your speaking work; or
- resell or sublicense the Service without our written permission.
10. Plans, billing, and automatic renewal
Free plan. The Free plan costs nothing and needs no payment card. It has the usage limits shown on our pricing page. We may change Free plan features or limits with notice.
Paid plans. Current plans are Basic ($29 per month or $290 per year), Growth ($59 per month or $590 per year), and Pro ($149 per month or $1,490 per year), in US dollars, plus applicable taxes. The price, billing frequency, and plan features are shown on our pricing page and again at checkout before you pay. The terms shown at checkout control if they differ from this summary. Payments are processed by Stripe or PayPal under their terms. We do not receive or store your full card number.
Your consent to automatic renewal. At checkout, before you enter payment details, we show the price, how often you will be charged, that the plan renews until you cancel, and how to cancel. You agree to these automatic renewal terms by checking a separate box that is unchecked by default. We record that agreement and email you a confirmation that repeats these terms and explains how to cancel.
AUTOMATIC RENEWAL TERMS. PAID PLANS ARE SUBSCRIPTIONS THAT RENEW AUTOMATICALLY UNTIL YOU CANCEL.
- WHAT YOU AUTHORIZE: By starting a paid plan, you authorize us, through Stripe or PayPal, to charge your payment method at the start of each billing period, monthly or yearly depending on the plan you chose, at the price shown at checkout plus applicable taxes, until you cancel. The price stays the same unless we give you notice of a change under Section 12.
- HOW TO CANCEL: Sign in and go to Settings, then Plans & billing, then select Cancel plan and confirm. Cancelling takes no more steps than signing up and does not require a call, chat, or email. If you pay through PayPal, cancelling in Settings also ends your PayPal billing agreement, and you may cancel in your PayPal account as well. You may also email legal@worththepitch.com from your account email, and we will cancel for you within one business day.
- WHEN CANCELLATION TAKES EFFECT: Cancellation stops all future renewal charges right away. Your paid features stay active until the end of the billing period you already paid for, and then your account moves to the Free plan. We email you a confirmation of the cancellation the same day.
- REFUNDS: Except as listed in the Refunds paragraph below, fees already paid are non-refundable, and we do not give refunds or credits for partial billing periods or unused features. IF YOU CANCEL A YEARLY PLAN WITHIN 14 DAYS AFTER A RENEWAL CHARGE, WE REFUND THAT RENEWAL CHARGE IN FULL.
- REMINDERS: For yearly plans, we email you at least 15 days and no more than 45 days before each renewal, stating the renewal date, the amount, and how to cancel.
Refunds. We give refunds in these cases, to the original payment method within 14 days:
- if we terminate your account without cause (Section 16), a prorated refund of prepaid fees for the unused part of the billing period;
- if you cancel a paid plan within 30 days after we notify you of a material change to these Terms (Section 23), a prorated refund of prepaid fees for the unused part of the billing period;
- if you cancel a yearly plan within 14 days after a renewal charge, a full refund of that renewal charge;
- if we charge a higher price without giving the 30 days' notice required by Section 12, a refund of the difference;
- if you are charged in error, a full refund of the incorrect charge;
- if you are a consumer in the EEA, UK, or Switzerland and withdraw within 14 days, as described below; and
- any other refund the law requires.
Plan changes. Upgrades take effect right away, and the price difference for the rest of the current period is prorated and shown before you confirm. Downgrades take effect at the next renewal.
Failed payments. If a renewal payment fails, we or our processor may retry it several times over up to 21 days and will email you each time. If it still fails, we move your account to the Free plan. You will not be charged for a period after we downgrade you.
Billing errors. If you believe you were charged in error, tell us at legal@worththepitch.com. We will investigate and fix any error. Contacting us does not limit any right you have under law or with your card issuer.
Consumers in the EEA, UK, and Switzerland. You have a legal right to withdraw from a paid plan within 14 days of purchase without giving a reason. At checkout you may ask us to start the service right away. If you then withdraw within 14 days, we refund what you paid minus an amount proportionate to the service provided before you withdrew.
11. Profile Autopilot one-time purchase
Profile Autopilot reads a document or text you provide and builds a draft profile. The preview is free. On the Free plan, applying the result to your profile costs a one-time fee of $19 plus applicable taxes, charged only when you choose to apply it. This is a single purchase that does not renew, and the checkout screen says so. Paid plans include a monthly number of Autopilot uses as shown on the pricing page; unused uses do not roll over. Once applied, the $19 fee is non-refundable, except where the law requires a refund or if a technical failure on our side prevents delivery, in which case we will refund it or run it again, at your choice.
12. Price changes and taxes
We may change plan prices. We will email you at least 30 days before a price increase applies to your subscription. The email will state the new price, the date of the first charge at that price, and how to cancel. The new price applies starting with your first renewal after the 30-day notice period. If you do not want to pay the new price, cancel before that renewal and you will not be charged it. Prices do not include taxes. You are responsible for sales, use, value-added, and similar taxes, which we collect where required by law, including Texas sales and use tax.
13. Affiliate program
If you join our affiliate program, the Affiliate Program Terms also apply and are part of these Terms. If you sign up through an affiliate link or code, you may receive a first-invoice discount described there, and the affiliate may receive a commission based on what you pay. Affiliates do not receive your name or email address from us.
14. Intellectual property and feedback
The Service, including its software, design, text, graphics, match methods, and the Worth the Pitch name and logos, belongs to us or our licensors and is protected by law. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for your own professional speaking work during your subscription. We reserve all rights not expressly granted.
If you send us ideas, suggestions, or feedback, you give us permission to use them without restriction or payment. We will not publicly identify you as the source without your permission.
15. Copyright complaints
We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512). To file a notice, send the following to our designated agent:
- your physical or electronic signature;
- identification of the copyrighted work you claim is infringed;
- identification of the material you claim is infringing and where it appears on the Service (such as a URL);
- your name, address, telephone number, and email;
- a statement that you have a good faith belief the use is not authorized by the copyright owner, its agent, or the law; and
- a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorized to act for the owner.
Designated agent: Tim Mousel, Evolve AI Institute, LLC, 9011 White Laurel Ln, Cypress, TX 77433, legal@worththepitch.com. If we remove your content after a notice, you may send a counter-notice as described in 17 U.S.C. § 512(g). We terminate the accounts of repeat infringers in appropriate circumstances.
16. Suspension and termination
- By you. You may cancel your plan or delete your account at any time from Settings. Account deletion runs after a short grace period described in our Privacy Policy, during which you can change your mind.
- By us, for cause. We may suspend or terminate your access if you materially breach these Terms (including Section 9), fail to pay, commit fraud, or create a serious security or legal risk for us or others, or if the law requires it. Where practical and lawful, we will tell you why and give you at least 10 days to fix the problem first. If we terminate for cause, we do not refund prepaid fees, except for any period in which you had no access for reasons unrelated to the breach.
- By us, without cause. We may stop offering the Service or terminate your account for any other reason with at least 30 days' notice. In that case, we refund the unused portion of any prepaid fees.
- Inactive free accounts. We may close Free accounts with no sign-in for 24 months. We will email you and show a notice in the app at least 30 days before closing, and signing in keeps the account open.
- Your data. Before your account closes, you can download your data as a JSON file from Settings. If we terminate without cause, we keep export available through the notice period. After closure, we delete or de-identify your data as described in our Privacy Policy.
- Survival. Sections that by their nature should continue after termination will continue, including Sections 4, 6 (your confirmations about Your Content), 10 (Refunds), 14, and 17 through 22.
17. Disclaimers
THE SERVICE, INCLUDING ALL AI OUTPUTS, MATCH SCORES, OPPORTUNITY INFORMATION, AND SPEECH PRACTICE FEEDBACK, IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT OPPORTUNITY INFORMATION IS ACCURATE OR CURRENT, OR THAT YOU WILL OBTAIN ANY SPEAKING ENGAGEMENT, BOOKING, OR INCOME.
Some states and countries do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you. This section does not limit any promise we make expressly in these Terms, and it does not waive rights under the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA) or other laws that cannot be waived by contract.
18. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, AND INCLUDING CLAIMS BASED ON OUR OWN NEGLIGENCE:
- NEITHER WORTH THE PITCH NOR ITS OWNERS, EMPLOYEES, OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY (PUNITIVE) DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BOOKINGS OR OPPORTUNITIES, LOSS OF GOODWILL, OR LOSS OF DATA, EVEN IF WE WERE TOLD THEY WERE POSSIBLE; AND
- OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).
These limits do not apply to: liability for our fraud, gross negligence, or willful misconduct; death or bodily injury caused by our negligence; refunds we owe you under these Terms; our obligations to protect your personal information under applicable data protection and breach laws, to the extent those laws do not allow the limit; or any other liability that cannot be limited or excluded under applicable law, including under the DTPA. The limits apply in the same way to claims we bring against you, except for fees you owe for the Service and your obligations under Section 19. These limits are part of the bargain between us, and our prices reflect them.
19. Indemnification
You will defend, indemnify, and hold harmless Worth the Pitch and its owners and employees from third-party claims, and related losses and reasonable attorneys' fees, to the extent they arise from (a) Your Content, (b) materials you choose to submit to organizers or publish, (c) your violation of these Terms or the law, or (d) your violation of someone else's rights. This obligation does not apply to the extent a claim arises from our negligence, misconduct, or breach of these Terms, or from a claim that the Service itself, or an AI Output as we generated it before any change by you, infringes someone's rights. We will notify you promptly of any claim, let you control the defense with counsel reasonably acceptable to us, and cooperate at your expense. Neither side may settle a claim in a way that admits fault for, or imposes obligations on, the other without that side's written consent, which will not be unreasonably withheld.
20. Dispute resolution and arbitration
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND US TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WAIVES CLASS ACTIONS AND JURY TRIALS, AND LIMITS HOW YOU AND WE CAN SEEK RELIEF. YOU CAN STILL USE SMALL CLAIMS COURT, AND YOU MAY OPT OUT WITHIN 30 DAYS AS EXPLAINED IN SECTION 20.8.
20.1 Try to resolve it informally first
Before starting arbitration or a lawsuit, the party with the dispute must send a written Notice of Dispute. Send yours by email to legal@worththepitch.com or by mail to 9011 White Laurel Ln, Cypress, TX 77433. We will send ours to your account email. The notice must identify the individual claimant, the account email (if any), a short description of the dispute, and the relief requested, and must be signed or confirmed by that individual (a lawyer may send it with that confirmation). For 30 days after the notice is received, both sides will try in good faith to resolve the dispute, including by one phone or video call if either side asks. If a notice is missing required information, the other side will say so promptly, and the 30 days start when the missing information is provided. All deadlines to file claims are paused from the day a complete notice is received until 30 days later. This step does not apply to requests for temporary court relief under Section 20.3 or to small claims cases.
20.2 Agreement to arbitrate
If the dispute is not resolved within 30 days, you and Worth the Pitch each agree that any dispute, claim, or controversy between you and us arising out of or relating to these Terms, the Service, or your relationship with us, whether based on contract, statute, tort, or any other legal theory, and whether it arose before or after you accepted these Terms ("Dispute"), will be resolved by binding individual arbitration. This agreement is mutual and binds both of us equally. Our owners, employees, and agents may use this Section for Disputes relating to their work for us. Claims for bodily injury are not covered and may be brought in court. Nothing in this Section stops you from filing a complaint with, or providing information to, a government agency.
20.3 Exceptions
- Small claims. Either party may bring an individual claim in a Texas justice court (small claims court) or a small claims court in the county where you live, if the claim qualifies and stays there on an individual basis. If the case is transferred or appealed to a court of general jurisdiction, the other party may require it to be arbitrated.
- Temporary court relief. Either party may ask a court for a temporary restraining order or preliminary injunction to stop infringement or misappropriation of intellectual property, or unauthorized access to the Service or to data, while the Dispute is arbitrated. The arbitrator decides the merits.
- Public injunctive relief. If applicable law makes a waiver of public injunctive relief unenforceable, a request for that relief will be decided by a court after the individual claims are arbitrated. The court decides whether to pause that case while the arbitration proceeds.
20.4 Rules, location, and fees
- The American Arbitration Association ("AAA") will administer the arbitration under its Consumer Arbitration Rules then in effect and its Consumer Due Process Protocol, as modified by this Section. The rules are available at adr.org. If this Section conflicts with those rules or that Protocol, the AAA rule or Protocol controls and the conflicting sentence is disregarded. If the AAA is unavailable or declines to administer, the parties will agree on another provider, or a court will appoint one under 9 U.S.C. § 5.
- A single neutral arbitrator will decide the Dispute and must follow these Terms and the law. The arbitrator may award any individual relief a court could award, including damages, statutory remedies, and attorneys' fees and costs under any applicable statute (such as the DTPA), but only in favor of the individual party seeking relief and only to the extent needed for that party's individual claim.
- Location. Harris County, Texas is the seat of arbitration, which means only that courts there may confirm or vacate an award. Hearings take place by video conference unless the arbitrator decides an in-person hearing is needed. You will never be required to travel. If an in-person hearing is held, it will be in the county where you live if you live in the United States, or otherwise in Harris County, Texas, or another place we agree on. Claims of $25,000 or less will be decided on written submissions unless either party asks for a hearing or the arbitrator decides one is needed.
- Fees. If you start arbitration, you pay only the filing fee the AAA Consumer Rules require of consumers, and never more than the fee to file a lawsuit in the court that would otherwise hear your claim. We pay all other AAA filing, administration, and arbitrator fees, and we pay your filing fee too if you tell us it is a hardship. If we start arbitration, we pay all AAA fees. Each party pays its own attorneys' fees unless the arbitrator awards fees under applicable law. We will not seek our attorneys' fees or costs from you unless the arbitrator finds that your claim was frivolous or brought for an improper purpose under the standard of Federal Rule of Civil Procedure 11(b).
- Award. The arbitrator will issue a written decision explaining the essential findings and conclusions. The award is final and binding on the parties for the claims decided. It does not bind anyone who was not a party, and it has no effect on other Disputes. Judgment on the award may be entered in any court with jurisdiction.
20.5 Who decides arbitrability
A court decides whether an agreement to arbitrate was formed between you and us, whether you opted out under Section 20.8, whether this Section 20.5 is enforceable, whether the class waiver in Section 20.6 is valid and enforceable, whether Section 20.9 applies and is enforceable, and whether a claim falls within an exception in Section 20.3. The arbitrator decides every other question about the interpretation, scope, applicability, and enforceability of this arbitration agreement, including whether a particular Dispute must be arbitrated. You and we clearly and unmistakably agree to this division.
20.6 Class action waiver
YOU AND WORTH THE PITCH EACH AGREE TO BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY. NEITHER OF US MAY BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION AGAINST THE OTHER, AND THE ARBITRATOR MAY NOT COMBINE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. PROCESSING DEMANDS IN BATCHES UNDER SECTION 20.9 IS NOT A CLASS PROCEEDING, BECAUSE EACH CLAIM IS STILL DECIDED SEPARATELY.
If a final court decision holds that this class waiver is unenforceable as to a particular claim or request for relief, then that claim or request (and only that one) will be severed from arbitration and decided in court, after any individual claims are arbitrated. Nothing in these Terms permits class arbitration.
20.7 Jury trial waiver
IF A DISPUTE COVERED BY THIS SECTION 20 IS DECIDED IN COURT FOR ANY REASON, YOU AND WORTH THE PITCH EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY, TO THE FULLEST EXTENT PERMITTED BY LAW.
In plain terms: a judge, sitting without a jury, would decide the case. This waiver does not apply to small claims cases. If you opt out under Section 20.8, this waiver does not apply to you, and you keep your right to a jury and any right the law gives you to bring or join a class action.
20.8 Your right to opt out
You may opt out of this Section 20 (other than Section 20.1) by sending us a written notice within 30 days after you first accept these Terms. Email it to legal@worththepitch.com with the subject line "Arbitration Opt-Out," or mail it to 9011 White Laurel Ln, Cypress, TX 77433, postmarked within the 30 days. Include your name, your account email, and a clear statement that you opt out of arbitration. We accept any written notice that clearly identifies you and your decision, including one sent by your lawyer on your behalf. Each person must opt out individually. We will confirm your opt-out by email and record it on your account. If you opt out, Disputes will be decided in court as described in Section 21, and the class action waiver and jury trial waiver will not apply to you. Opting out does not affect any other part of these Terms or your use of the Service, and we will not treat you differently for opting out.
20.9 Mass filings
This Section 20.9 applies if 25 or more demands for arbitration raising substantially similar claims about the same feature or practice are filed against us, or by us, within 180 days by the same lawyers or law firms, or by lawyers acting in coordination ("Mass Filing"). Its purpose is to let the AAA handle a large number of individual cases in an orderly way. The AAA's Mass Arbitration Supplementary Rules apply while the AAA administers them.
- Each claim stays individual. Every demand is decided on its own, with its own record, hearing (if any), and award. No claimant's hearing will be combined with another's over that claimant's objection.
- Batches. The AAA will process the demands in batches of up to 100. The first batch starts right away, and a new batch starts every 30 days, or sooner if the AAA can manage it. The AAA may assign one arbitrator to a batch for efficiency. AAA fees are charged per batch as its rules provide, and we pay our share when due.
- Optional mediation. Either side may propose a mediation of all the claims. We pay the mediator. Mediation does not pause anyone's case unless that claimant agrees.
- Timing protections. Deadlines to file claims are paused for every claimant from the day their demand is filed until their batch starts. Any claimant whose demand has not started within 180 days after it was filed may proceed with an individual arbitration immediately. If we fail to pay AAA fees for a claimant's demand when due, that claimant may choose to bring their claim in court instead.
- Enforcement. A court in Harris County, Texas, or in the county where the claimant lives, may enforce this Section 20.9 and resolve any disagreement about it.
20.10 Time limit to bring claims
Any claim by either party must be filed within two years after the claiming party knew or reasonably should have known of it, unless applicable law provides a longer period that cannot be shortened by agreement, in which case that period applies. This time limit applies equally to you and to us, and it is paused as stated in Sections 20.1 and 20.9.
20.11 Changes to this section
Notwithstanding Section 23, we may change this Section 20 only by giving you at least 30 days' notice by email, and a change applies only to Disputes about claims that arise after the change takes effect. A change never applies to a Dispute that is pending or that either party gave notice of before the change took effect. If we make a material change to this Section, you may reject it by emailing legal@worththepitch.com within 30 days after it takes effect, and the most recent version of this Section you accepted will continue to apply to you. If we stop requiring arbitration, that change also applies only going forward.
20.12 Federal Arbitration Act
These Terms involve interstate commerce: we serve users in many states, and we use hosting, payment, email, and AI providers located outside Texas. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) and federal arbitration law govern the interpretation and enforcement of this Section 20 and control over any conflicting state law, including Section 171.002 of the Texas Arbitration Act. In plain terms, federal law decides whether this arbitration agreement is enforced. If a court decides that the Federal Arbitration Act does not apply to a Dispute, this Section applies to the extent the Texas Arbitration Act or other applicable law allows, and any claim that cannot be arbitrated will proceed in court under Section 21.
20.13 Severability and survival
Except as stated in Section 20.6, if any part of this Section 20 is found unenforceable, that part is severed and the rest of this Section, including individual arbitration, remains in effect. This Section survives termination of these Terms and your account.
21. Governing law and venue
These Terms are governed by the laws of the State of Texas, without regard to its conflict of law rules, except that the Federal Arbitration Act governs Section 20. For any Dispute that is not arbitrated, you and we consent to the exclusive jurisdiction and venue of the state courts located in Harris County, Texas, and the United States District Court for the Southern District of Texas, Houston Division, except that small claims may be brought as described in Section 20.3 and except where a law that cannot be waived gives you the right to sue where you live. Wherever you live, this choice of law does not take away the protections of consumer laws of your state or country that cannot be waived by contract.
22. General terms
- Electronic communications. You consent to receive agreements, notices, receipts, and disclosures electronically, including by email and in the Service, and agree they satisfy any requirement that they be in writing. You can view and save these Terms at any time at worththepitch.com/terms.php. You may withdraw this consent by closing your account. Keep your email address current and check it regularly.
- Notices. We send notices to your account email, and they are received when sent unless we learn they were not delivered. You send legal notices to legal@worththepitch.com or 9011 White Laurel Ln, Cypress, TX 77433.
- Export and sanctions. You confirm you are not located in a country subject to comprehensive US sanctions, are not on a US government restricted party list, and will not use the Service in violation of US export or sanctions laws.
- Force majeure. Neither party is responsible for delay or failure caused by events beyond its reasonable control, such as natural disasters, power or internet outages, failures of third-party providers, labor disputes, or government action. This does not excuse payment obligations for services already provided, and if the Service is unavailable to you for more than 30 consecutive days for such a reason, you may cancel and receive a prorated refund of prepaid fees.
- Assignment. You may not transfer these Terms without our written consent. We may transfer them in connection with a merger, acquisition, or sale of assets, or to an affiliated company, if the successor agrees to honor them, and we will notify you.
- Entire agreement. These Terms, the Privacy Policy, the Affiliate Program Terms (if you are an affiliate), and the terms shown at checkout are the entire agreement between you and us about the Service and replace prior agreements on that subject.
- Severability. Except as stated in Section 20.6, if any part of these Terms is found unenforceable, it will be enforced to the maximum extent allowed and the rest remains in effect.
- No waiver. If either party does not enforce a provision, it may still enforce it later.
- Relationship. We are independent contractors. These Terms create no partnership, agency, employment, or fiduciary relationship. There are no third-party beneficiaries, except as stated in Section 20.2.
- Interpretation. Headings and the summary are for convenience only. "Including" means "including without limitation." If a translation differs, the English version controls to the extent the law allows.
23. Changes to these Terms
We may update these Terms to reflect changes to the Service, the law, or our practices. Changes apply only going forward and never to a Dispute that is already pending.
- Material changes. We will email you and show a notice in the Service at least 30 days before a material change takes effect. If a change is required by law or addresses a security risk, we will give as much notice as we reasonably can.
- Changes that reduce your rights. If a change to Sections 10, 17, 18, 19, or 20 reduces your rights or adds to your obligations, it applies to you only after you accept it by checking a box or clicking to agree. Until you do, the version you last accepted continues to apply to you for those sections. Section 20.11 also applies to changes to Section 20.
- Other changes. Other changes take effect on the date stated in the notice or, for minor changes such as clarifications, when posted with an updated date. If you keep using the Service after a change takes effect, you accept it.
- Your choice. If you do not agree to a change, you may cancel before it takes effect. If you cancel a paid plan within 30 days after our notice of a material change, we will refund the unused portion of any prepaid fees.
We keep prior versions of these Terms and will provide the version you accepted on request.
24. Contact us
Evolve AI Institute, LLC, doing business as Worth the Pitch
9011 White Laurel Ln, Cypress, TX 77433
Email: legal@worththepitch.com