Terms of Service

CGE Insights, a service of Pitch Cloud, LLC

Effective Date: August 20, 2026

1. Agreement and scope

These Terms of Service ("Terms") govern access to and use of the products and services provided by Pitch Cloud, LLC through CGE Insights ("CGE Insights" or "CGE") to the organization ordering or using the Services ("Customer"). CGE Insights is a business-to-business service. Individual members, constituents, donors, participants, or other persons whose information a Customer processes through the Services are "Members" and are not customers or parties to these Terms.

"Services" means the CGE Insights platform and related functionality described in Section 2. "Order Documentation" means an Order Form, Master Services Agreement ("MSA"), statement of work, or other written ordering document executed by the parties or, for a self-service subscription, the checkout record and subscription confirmation generated at purchase.

By signing Order Documentation, completing checkout, creating an organizational account, or using the Services, the Customer agrees to these Terms, applicable Order Documentation, the Refund Policy, and the Data Processing Addendum ("DPA"). The individual accepting these Terms represents and warrants that the individual has authority to bind the Customer.

If an executed MSA, Order Form, statement of work, or other mutually signed agreement conflicts with these Terms, the signed agreement controls to the extent of the conflict, including with respect to commercial terms, cancellation, termination, liability, or dispute resolution. The DPA controls for processing of personal data covered by the DPA. Section 24 states the complete order of precedence.

2. The Services

CGE Insights helps membership organizations collect engagement signals, connect activity to a Member roster, identify possible disengagement, recommend outreach, and evaluate which outreach actions work ("Services"). The Services may include a website tracker, roster uploads or synchronization, reports, exports, integrations, notifications, the Strategy Advisor, and the Help Assistant.

"Strategy Advisor" means the feature that uses available engagement signals and derived information to generate suggested communications, outreach approaches, or other strategy guidance for Customer review.

All Services, recommendations, analytics, generated text, and guidance are advisory and provided for informational and guidance purposes only. The Customer retains sole discretion, responsibility, and control over whether, when, and how to act on any recommendation or output, including whether to contact a Member.

3. Subscription, fees, taxes, cancellation, and refunds

The Customer's plan, price, billing cycle, usage limits, subscription period, and any special pricing are stated in its Order Documentation. Stripe processes payments and holds payment-card details.

Fees are billed in advance for each subscription period. Subscriptions renew automatically for successive periods of the same length unless cancelled before the renewal date. A self-service Customer may cancel at any time through account settings using the same number of steps required to subscribe. Self-service cancellation does not require a telephone call, email, letter, or other written notice. Different cancellation procedures may apply only if expressly stated in an executed MSA or other signed agreement that overrides these Terms.

Price changes. CGE Insights will give at least 30 days' notice before a price change takes effect at renewal. A change does not apply to a period already paid for. Where Order Documentation states a promotional or program rate for a fixed number of periods, the rate that applies afterward is stated there as well.

Taxes. All fees are exclusive of sales, use, and similar transaction taxes. The Customer is responsible for those taxes except taxes on CGE Insights' net income. A Customer claiming exemption must provide a valid exemption certificate before the exemption can be applied.

Failed payment. If a payment cannot be processed, CGE Insights will notify the Customer and may suspend access if payment is not resolved within 14 days after notice. Suspension for nonpayment is not termination.

Refunds are governed by the CGE Insights Refund Policy, including the trial-charge refund described in Section 3 of that policy and the cancellation rules in Sections 4, 5, and 12 of that policy.

4. Customer accounts and access

Customer users must provide accurate account information and keep access methods secure. Authentication may use Google, Microsoft, or an email magic link.

The Customer must assign appropriate roles and must remove access when a user no longer needs it. CGE Insights may enforce idle session timeouts and a hard 12-hour session cap.

The Customer must notify CGE Insights without undue delay after discovering suspected unauthorized access or misuse and, where reasonably practicable, within 24 hours after discovery.

5. License and acceptable use

During the subscription term, CGE Insights grants the Customer a limited, non-exclusive, non-transferable right for its authorized users to access and use the Services for the Customer's internal membership operations.

The Customer must not:

  • Use the Services unlawfully or to violate a person's rights.
  • Attempt to bypass security, access another Customer's data, test vulnerabilities without written permission, or interfere with the Services.
  • Copy, reverse engineer, resell, sublicense, or provide the Services to another organization except as expressly allowed in writing.
  • Upload malicious code or use the Services to send unlawful, deceptive, or abusive communications.
  • Use recommendations as the sole basis for a decision that creates a legal or similarly significant effect for a Member.

6. Customer responsibilities for Member data

The Customer controls Member data and is responsible for the lawfulness, accuracy, and relevance of the data it collects and provides. The Customer must:

  • Give Members any required privacy notice and establish any lawful basis required for tracking, identification, roster processing, outreach, and other uses.
  • Deploy the website tracker only in a lawful manner, including obtaining any consent required for the durable localStorage identifier and related tracking.
  • Call identify() with a Member's email address only when the Customer has authority to link that Member to earlier activity on the same browser.
  • Have the right to upload or synchronize roster data and engagement history.
  • Limit data to what is reasonably needed for the Services.
  • Respond to Member privacy requests, with CGE Insights providing the assistance stated in the DPA.

Tracking consent. The tracker is designed to require consent before storing an identifier, in every jurisdiction, without attempting to detect the visitor's location. CGE Insights provides a consent interface the Customer's own consent-management platform can call to grant or withdraw permission. Until the Customer connects that interface, the Customer must control when the script loads through its own website or consent-management setup.

7. CSV enrichment and prohibited data

CSV enrichment uploads may contain additional columns selected by the Customer. The Customer is responsible for every uploaded column and must not upload data that is unnecessary, unlawful, or outside the agreed scope of the Services.

Unless the parties separately agree in writing and applicable law permits the processing, the Customer must not upload special-category or similarly sensitive data, including but not limited to health information, religious beliefs, political affiliation, or trade union membership. The Customer also must not upload passwords, payment-card data, authentication secrets, or other credentials.

This restriction is a contractual obligation of the Customer and is not represented as a technical control.

8. Data roles and the DPA

  • For Member data, the Customer is the controller and CGE Insights is the processor.
  • For Customer account, billing, support, and feedback data, CGE Insights is the controller.
  • For cross-organization pooled learning, CGE Insights is the controller. Section 9 and the DPA describe this separate use.

The DPA is incorporated into these Terms when applicable.

9. Cross-organization pooled learning

The Customer expressly permits CGE Insights to use eligible situation, action, and outcome records to create cross-organization pooled learning under the safeguards below. This is a separate CGE Insights controller activity, not processing performed only under the Customer's instructions.

  • The pooled data contains no personal data and no organization names.
  • Data is grouped only by an anonymized situation type and an action type.
  • A group is not released unless it includes at least 50 distinct Members from at least 3 distinct organizations.
  • Groups below either threshold are discarded rather than retained in a weaker form.
  • Only aggregate counts, rates, and non-identifying findings ("Pooled Summaries") are produced.
  • CGE Insights staff review findings before they influence a recommendation.
  • No identifiable data from one Customer is disclosed to another Customer.

Opt-out. A Customer may opt out of pooled learning at any time by written request. After verification, the opt-out applies immediately to eligible records that have not yet been aggregated. Pooled Summaries already produced cannot be withdrawn because they are non-identifying aggregate results and cannot be traced back to a contributing organization. Opt-out is reciprocal: a Customer that opts out will no longer contribute eligible records to pooled learning and will not receive findings derived from pooled learning. All other parts of the Services remain unaffected.

10. Artificial intelligence and statistics

  • The Strategy Advisor and Help Assistant use Google Gemini 2.5-flash to generate text at request time.
  • Strategy Advisor prompts may contain behavioral signals and derived flags, but not Member names or email addresses.
  • Customer data is not used to train or fine-tune a model.
  • Statistics and findings are produced by conventional statistical methods in CGE Insights' own code. AI may phrase a result but does not generate the number.
  • AI output may be incomplete or unsuitable. The Customer must review it before using or sending it.
  • CGE Insights does not make a fully automated decision that creates legal or similarly significant effects for a Member.

11. Integrations, notifications, and Customer destinations

The Services may connect with Novi AMS, Mailchimp or Mandrill, and other providers identified in the DPA. The Customer may configure outbound webhooks and Slack or Microsoft Teams destinations. The Customer is responsible for destination addresses, access controls, recipients, and the privacy and security practices of destinations it selects.

The Customer is responsible for PDF and CSV reports after export from the Services.

12. Customer data and licenses

As between the parties, the Customer retains its rights in Member data and other content it provides. The Customer grants CGE Insights the limited rights needed to host, transmit, organize, analyze, display, export, and otherwise process that content to provide the Services, comply with law, secure the Services, and carry out the expressly permitted pooled-learning activity.

CGE Insights does not sell or rent personal data and does not share one Customer's identifiable data with another Customer.

13. CGE Insights property

CGE Insights and its licensors retain all rights in the Services, software, documentation, designs, methods, and improvements, except for Customer data. No rights are granted except those expressly stated in these Terms.

14. Feedback and testimonials

The Customer may provide product feedback. CGE Insights may use general product feedback to improve the Services. CGE Insights will not publish a testimonial using a person's name, title, or organization unless that person has separately authorized public use.

15. Confidentiality

"Confidential Information" means non-public information disclosed by or on behalf of a party ("Disclosing Party") to the other party ("Receiving Party") that is identified as confidential or that a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. Confidential Information includes non-public business plans, pricing, customer and Member information, security information, credentials, product roadmaps, technical information, software, documentation, financial information, and the terms of non-public Order Documentation.

The Receiving Party will use at least reasonable care to protect Confidential Information, will use it only to perform or receive the Services or exercise rights under the parties' agreements, and will disclose it only to personnel, contractors, professional advisers, and service providers who need to know it and are bound by confidentiality obligations at least as protective as this Section.

Confidential Information does not include information the Receiving Party can demonstrate: (a) is or becomes public without breach of an obligation; (b) was lawfully known without restriction before disclosure; (c) is independently developed without use of the Confidential Information; or (d) is lawfully received from a third party without confidentiality restriction.

Required disclosure. The Receiving Party may disclose Confidential Information to the extent required by subpoena, court order, law, regulation, or governmental or criminal investigation. When legally permitted, the Receiving Party will give reasonable advance notice to the Disclosing Party and reasonable assistance, at the Disclosing Party's expense, if the Disclosing Party seeks protective treatment.

These confidentiality obligations continue during the subscription term and for five years after termination. Obligations relating to trade secrets continue for as long as the information qualifies as a trade secret under applicable law. Obligations concerning personal data continue as required by the DPA and applicable law.

16. Security

CGE Insights will maintain the security measures described in the DPA. The Customer understands that no online service is free of all risk. The Customer must use appropriate account controls, restrict exports and destinations, and avoid uploading prohibited data.

These Terms make no backup, disaster-recovery, uptime, restoration-time, or service-level commitment. Any such commitment applies only if stated in a separate written agreement signed by both parties.

17. Founding Partner Program

The Founding Partner Program is a limited collaboration with ten membership organizations. A Founding Partner receives Growth plan entitlements at the Essentials rate for 24 months, billed annually, and 15% off its chosen plan from the third year onward. Program pricing and duration are stated in the Customer's Order Documentation.

Program pricing is a benefit, not a minimum commitment. Each subscription period is a normal annual term governed by these Terms and the Refund Policy. The benefit continues while the subscription remains active. If the subscription is cancelled or paused, the benefit ends and standard pricing applies on any later subscription.

A payment that becomes past due does not end the benefit if resolved within 14 days after notice. CGE Insights will provide the price-change notice required by Section 3 before the transition from program pricing to the 15% rate.

Founding Partners are asked to participate in quarterly product reviews, provide candid feedback, and act as a reference. These are expectations of the collaboration, not conditions of the pricing.

18. Early access to pre-release features

  • Pre-release features are provided as-is and may be incomplete, unstable, or changed at any time.
  • A pre-release feature may be withdrawn or never released without liability.
  • Pre-release features are excluded from every warranty, security commitment, and support expectation that applies to the released Services.
  • Feedback on pre-release features is covered by Section 14.

Early access is a benefit in addition to the subscription, not part of what the subscription fee buys. Withdrawing or changing a pre-release feature does not reduce fees and does not entitle the Customer to a refund or credit.

19. Suspension and termination

Material breach cure period. Except for failed payment and the immediate-suspension circumstances below, if either party materially breaches these Terms, the non-breaching party will give written notice describing the breach in reasonable detail. The breaching party will have 30 days after receipt of that notice to cure the breach. If the breach is not cured within that period, the non-breaching party may terminate the affected agreement by written notice.

Failed payment. The Customer has 14 days after CGE Insights gives notice of failed payment to resolve the amount due. CGE Insights may suspend access after that period and may terminate if the failure remains uncured after notice.

Immediate suspension. CGE Insights may suspend access without a cure period only to address a genuine security threat, unlawful use, or active risk to data. CGE Insights will provide notice as soon as practical and reasonable afterward.

Suspension is not termination. Suspension pauses access. It does not start the export window or deletion timeline, and access is restored when the cause is resolved.

Customer termination. A self-service Customer may terminate by cancelling as described in Section 3. A Customer operating under an executed MSA or other signed agreement may be subject to the termination procedure stated in that agreement.

After termination. The Customer has 30 days from the effective date of a notified termination to export its data and to reactivate. After that window, Customer Data is deleted from active systems. Encrypted form drafts expire under their own short retention period and are not part of an export. Non-identifying Pooled Summaries already produced are retained as described in Section 9 and the DPA.

20. Representations, warranties, and disclaimers

Each party represents and warrants that it has authority to enter into and perform its obligations under these Terms. The Customer represents and warrants that it has the rights, permissions, notices, and consents required to provide Customer Data to CGE Insights and instruct CGE Insights to process that data as contemplated by these Terms and the DPA.

CGE Insights warrants that it will provide the Services with reasonable skill and care.

Except as expressly stated in these Terms, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." To the maximum extent permitted by law, CGE INSIGHTS DISCLAIMS ALL OTHER WARRANTIES, whether express, implied, or statutory, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

CGE Insights does not warrant that use of the Services will produce any specific business outcome, including any change in membership, retention, engagement, fundraising, event attendance, or revenue.

21. Limitation of liability

To the maximum extent permitted by law, NEITHER PARTY IS LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, or for LOST PROFITS, LOST REVENUE, OR LOST DATA, even if advised of the possibility of those damages.

EACH PARTY'S TOTAL AGGREGATE LIABILITY arising out of or relating to these Terms, the Services, the DPA, Order Documentation, or the parties' relationship IS CAPPED AT THE FEES PAID by the Customer to CGE Insights during the 12 months immediately preceding the event giving rise to the claim. THIS CAP APPLIES IN THE AGGREGATE TO ALL THEORIES OF LIABILITY, including contract, indemnification, confidentiality, and DATA-SECURITY CLAIMS, except to the extent a liability cannot lawfully be limited.

The liability cap does not limit the Customer's obligation to pay fees properly due. Nothing in these Terms limits liability to the extent such limitation is prohibited by applicable law.

22. Indemnification

By the Customer. The Customer will defend and indemnify CGE Insights against third-party claims arising from the Customer's data, the Customer's instructions, the Customer's use of the Services in breach of these Terms, or the Customer's failure to provide required notices or obtain required consents from Members.

By CGE Insights. CGE Insights will defend and indemnify the Customer against third-party claims that the Services, as provided by CGE Insights and used in accordance with these Terms, infringe a United States patent, copyright, trademark, or other intellectual property right. CGE Insights has no obligation for a claim arising from Customer Data, Customer instructions, modification not made by CGE Insights, combination with items not supplied by CGE Insights where the claim would not otherwise have arisen, or use after CGE Insights provides a non-infringing replacement or instructs the Customer to stop the allegedly infringing use.

Each indemnity requires prompt notice, reasonable cooperation, and control of the defense by the indemnifying party. Failure to provide prompt notice relieves the indemnifying party only to the extent materially prejudiced. No settlement that admits fault by, imposes a monetary obligation on, or requires non-monetary performance by the other party may be entered without that party's prior written consent, not to be unreasonably withheld.

Indemnification obligations are subject to the limitation of liability in Section 21 except to the extent applicable law prohibits that limitation.

23. Governing law and disputes

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to conflict-of-law rules.

Informal resolution first. Before filing an action, the party raising a dispute will give written notice describing the dispute in reasonable detail. The parties will attempt in good faith to resolve the dispute through discussion between authorized representatives for 30 days after receipt of the notice.

If the dispute remains unresolved after that period, any action, suit, or proceeding arising out of or relating to these Terms or the Services must be brought in the applicable state court located in Denton County, Texas, or the applicable United States federal court with jurisdiction over Denton County, Texas. Each party consents to personal jurisdiction and venue in those courts.

These self-service Terms do not require arbitration. An executed MSA or other signed agreement may establish different dispute-resolution procedures and will control to the extent it conflicts with this Section.

Nothing in this Section limits a Member's ability to submit a complaint to a governmental or regulatory authority where applicable, or either party's right to seek injunctive or equitable relief to protect intellectual property, Confidential Information, or data.

24. General terms

Notices. Legal notices to CGE Insights must be sent to the contact information in Section 25. Notices to the Customer may be sent to the account contacts on file. Operational notices may be provided by email or through the Services.

Assignment. Neither party may assign these Terms without the other party's prior written consent, except that either party may assign these Terms without consent to a successor in connection with a merger, reorganization, sale of substantially all assets, or change of control, provided the successor assumes the assigning party's obligations. Any other attempted assignment is void.

Modification. CGE Insights may update these Terms. For a change that materially affects the Customer, CGE Insights will provide at least 30 days' notice by email to account contacts before the change takes effect and will keep the prior version available. A change does not apply to a subscription period already paid for unless required by law or agreed in writing.

Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, except that this provision does not excuse payment obligations for Services already provided.

Waiver and severability. A waiver must be in writing and applies only to the specific instance stated. If any provision is held unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions remain in effect.

Independent contractors; third parties. The parties are independent contractors. These Terms do not create a partnership, joint venture, fiduciary, employment, or agency relationship. Except as expressly stated, there are no third-party beneficiaries.

Electronic acceptance. Electronic acceptance and electronic signatures are valid and binding to the extent permitted by law.

Entire agreement. These Terms, together with applicable Order Documentation, any executed MSA or statement of work, the DPA, and the Refund Policy, constitute the entire agreement between the parties regarding the Services and supersede prior or contemporaneous discussions, proposals, and understandings on that subject.

Order of precedence. If documents conflict, the following order controls to the extent of the conflict: (1) an executed MSA or other mutually signed agreement; (2) an executed Order Form or statement of work; (3) the DPA for processing of personal data within its scope; (4) the Refund Policy for refund matters; and (5) these Terms. For a self-service subscription without an executed MSA or Order Form, the checkout record and subscription confirmation control only the specific plan, price, billing cycle, subscription period, usage limits, and other commercial selections expressly shown there.

25. Contact

Pitch Cloud, LLC 1012 W. Eldorado Pkwy, Unit 501 Little Elm, TX 75068 support@cgeinsights.com