1. The Foreword.

1.1 These Terms and Conditions (hereinafter the “Terms”) lay down the terms and conditions of the use of the website https://fbpilot.online/ (hereinafter the “Website”). The Website hereinafter shall be referred to as the “Resources”. In order to use the Resources, you agree with these Terms. If you do not accept these Terms, you shall not use the Resources. If you have any questions about these Terms or you want to contact us for any other issue, you can do this either by sending a mail to our registered address or by contacting us via e-mail address [email protected] (including inquires to the Technical Support Team).

2. Eligibility.

2.1 Individuals under the age of 18 (eighteen) are not allowed to create an Account or otherwise use the Resources. If you are accepting these Terms on behalf of any company, institution, organisation, or any other business or government (hereinafter “your entity”), you represent that you have the full legal capacity to represent your entity.

3. Your Account.

3.1 In order to use the Services, you will be required to create an account (hereinafter the “Account”). You agree to provide us with complete and accurate information upon registration and to keep such information accurate and up-to-date during your period of use of your Account. You are responsible for maintaining security of your Account login information and for any activities or actions occurring under your Account. You must notify the Company immediately of any breach of security or unauthorized use of your Account. The Company will not be responsible for any loss or damages resulting from your failure to comply with this obligation or otherwise any unauthorized use of your Account.

4. Your content.

4.1 The functionality of the Services provides you with a possibility to upload content, including social media posts and other content which may be comprised of messages, reviews, photos, video, images, data, text, and other types of works (hereinafter “Your Content”) and to publish Your Content through the Services in your social media account(s). You retain any copyright and other proprietary rights that you may hold in Your Content that you post via the Services, but you grant the Company a worldwide, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display Your Content and any name, voice, or information provided in connection with Your Content for the purposes of the provision the Services to you.

5. Subscription and payments.

5.1 Trial period. In order to test the Services, you will be provided with the Trial period. Duration of the Trial period is specified in your Account.
5.2 Subscription. In order to access the full functionality of the Services, you will be required to buy a subscription (hereinafter the “Subscription”). The prices and descriptions of the Subscription plans are available on the Website.
5.2.1 The Subscription is available via two Subscription plans:
5.2.1.1 One-time payment: your access to the Services will last for a period for which you have paid. When the period of your Subscription ends, your access to the Services will be suspended until you make a new payment for the Services.
5.2.1.2 Recurring payment: by selecting this payment plan you agree to pay monthly or annual Subscription payment indicated for this plan. Payments will be charged on the day you sign up for a Subscription and will cover the use the Services for a monthly or annual period as indicated. Recurring payments will be charged on the same date each month/year from your first payment date unless cancelled. If your payment fails, you will be informed and two further attempts will be made in the following 7 (seven) days, during which your Subscription will still be active. After this grace period, if no payment is made, your Subscription will be suspended until a new payment is made.
5.2.1.2.1 The Company reserves the right to change the price for the Subscription. In case if we do so, we will provide you with 15 (fifteen) calendar days’ written notice in advance. In case if you do not agree to the changes, you will have the right to cancel your Subscription in accordance with clause 6.1 of these Terms or change your Subscription plan.

6. Cancellation and Withdrawals.

6.1 The Subscription may be cancelled either by the interface of the Website or by sending a request to our e-mail address [email protected] at least 3 (three) business days before the next payment. Please note that after your cancellation of the Subscription, your Subscription will be active until the end of the current payment period.
6.2 You can withdraw (refund) your payment for the Subscription within 14 days starting from the date of your payment. If you exercise your right of withdrawal, we shall reimburse to you the payment we received from you and your access to the Services will be terminated. You can exercise your right to withdrawal either by the interface of the Website or by sending a request to our e-mail address [email protected].

7. License to use and intellectual property.

7.1 In accordance with the terms and conditions which are set forth in these Terms, the Company grants you a non-exclusive, limited, non-transferable, freely revocable license to use the Resources for your internal purposes. All visual interface, texts, images, animations, visuals, computer code, music, trademarks, ideas, design, expressions, patents available on the Resources (hereinafter the “Companys Content”) are legally owned, controlled, or licensed for use by the Company. The Company reserves all rights not expressly granted herein or in the Resources or the Companys Content.
7.2 Except as permitted through the Resources or as otherwise permitted by the Company in writing, your license does not include the right to:
• License, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Resources;
• Download, copy, broadcast, distribute or make otherwise available the Resources and the Companys Content;
• Modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Resources or the Companys Content;
• Access the Resources or the Company`s Content in order to build a similar or competitive website, product, or service.

8. Conditions of use.

8.1 You agree that you will only use the Services in strict compliance with applicable law and these Terms.
8.2 The following actions, activities, and use will be considered as a violation of these Terms:
a. Use of the Resources in a manner which is in breach of any law, statute, regulation or byelaw of any applicable jurisdiction;
b. Use of the Resources in a manner which is fraudulent, criminal or unlawful;
c. Use of the Resources in a manner which is inaccurate or out-of-date;
d. Use of the Resources in a manner which is obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
e. Use of the Resources in a manner which may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trademark rights and broadcasting rights) or privacy or other rights of the Company or any third party;
f. Use of the Resources in a manner which is contrary to the interests of the Company;
g. Use of the Resources in a manner which consists in impersonation of any other person or body or misrepresents the relationships with any person or body;
h. Posting any materials which contain unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other form of unauthorized solicitation;
i. The exploitation of errors and bugs in the Resources to gain access that would otherwise not be available;
j. Use of the Resources in a manner which is contrary to any specific rule or requirement which we stipulate on the Resources in relation to a particular part of the Resources or the Resources generally;
k. Use of the Resources in a manner which involves your use, delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots or computer programming routines which are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
l. Any attempt to interfere with the functioning of the Resources.

9. Consumer dispute resolution and ODR platform.

9.1 You can always contact us with any issue concerning the provision to you the Services, including complaints. Nevertheless, if you deem that your rights under applicable consumer protection rights law are violated, you can follow the European Commission’s Online Dispute Resolution platform: http://ec.europa.eu/consumers/odr/ and find a solution to your problem.

10. Miscellaneous.

10.1 These Terms constitute the entire agreement between you and us regarding your access to and use of the Resources.
10.2 Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
10.3 If any provision, clause, phrase, word or application of these Terms is held to be or becomes invalid or unenforceable, such provision, clause, phrase, word shall be struck out and the remaining provisions, clauses, phrases, words shall remain enforceable.

11. Assignment.

11.1 You have no rights to assign these Terms without the prior written consent of the Company. Any assignment without our consent shall be considered as void. The Company reserves the right to assign any part of these Terms or any rights, specified in these Terms without your consent.

12. Privacy Policy.

12.1 All issues relating to the processing of your personal data are covered by the Privacy Policy of the Website. Please read our Privacy Policy prior to use of the Resources.

13. Limitation of liability.

13.1 In no event shall the Company, its owners, suppliers or any of their respective owners, directors, employees, contractors and/or agents be liable to you or any third party for any direct, indirect, special, exemplary, punitive or other consequential or incidental damages (including but not limited to any lost profits or revenue, interruption, loss of programs or other information, or any other pecuniary loss) arising directly or indirectly from:
a. your use of or access to the Resources, or any Company`s Content, products or services distributed on or provided through the Resources;
b. for any failure or interruption of the Resources; whether arising out of errors, omissions, loss of data, defects, viruses, interruptions or delays in operations or transmission or any other cause, whether based on warranty, contract, tort (including negligence) or any other legal theory, even if the Company or its suppliers have been expressly advised of the possibility of such damages.
13.2 In any event, and without prejudice to the above, the Company’s total maximum aggregate liability under these Terms to you shall not exceed the amount of your latest payment for the Subscription.
13.3 The Company is not liable for the performance of social media on which you make your posts via the Services.

14. Disclaimer. No Warranties.

14.1 THE RESOURCES ARE PROVIDED ON AN “AS IS” BASIS, EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND EXPRESSED, IMPLIED OR STATUTORY, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS AND SERVICES CONTAINED IN THE RESOURCES WILL BE SECURE, COMPLETE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE RESOURCES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE RESOURCES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE COMPANY`S CONTENT IN THIS RESOURCES IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE FOREGOING EXCLUSION DOES NOT AFFECT ANY IMPLIED WARRANTY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15. Indemnification.

15.1 Except to the extent prohibited by law, you agree to defend, indemnify, and hold the Company, its employees, agents, directors, officers, subcontractors, licensors and suppliers, and any affiliated entities and any successor, assigns and licenses may be harmless including costs and attorneys’ fees, from any claim or demand made by arising directly or indirectly from/or relating to:
a. Your use of the Services;
b. Violation of these Terms by you or anyone using your computer, electronic device, or Your Account;
c. Any claim, loss or damage, which shall be the consequence of your use of the Services;
d. Your violation of any law, statute or regulation while using the Services;
e. Any other matter you are responsible by these Terms or under applicable law.

16. Termination.

16.1 You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing your use of the Services. We may suspend or terminate your Account and your access to the Services in case if you violate these Terms. The following sections will survive any termination of these Terms or of your Account: “2. Eligibility.”, “3. Your Account”, “7. License to use and intellectual property.”, “8. Conditions of use.” “10. Miscellaneous.”, “11. Assignment.”, “13. Limitation of Liability.”, “14. Disclaimer. No Warranties.”, “15. Indemnification.”, “16. Termination.”, “17. Governing law.”, “18. Third-Party Websites”.

17. Third-party Websites.

17.1 The Website may contain links to the websites, services or resources which are owned and operated by third parties (hereinafter “external resources”). You follow these links/hyperlinks to the external resources at your own risk. We bear no liability for the content of any external resources and bears no responsibility for anything that can happen as a result of your visit to external resources. The Company highly recommend you to consult the “legal” section of the external resource (which include “terms” document) prior to its use.

18. Changes to the Terms.

18.1 The Company may change, amend, modify, or correct these Terms for any reason. In case of any changes, amendments, modifications, or corrections, the Company will post the revised Terms on the Website, change the date of the last revision of the Terms, and if you have an Account on the Website, you will be notified about the revised version of the Terms. Your continued use of the Resources after the revised Terms have entered into force shall be considered as a fact that you have read, understood and agree to be bound by the revised Terms.
18.2 Notwithstanding clause 18.1, if you have an active Subscription and the revised Terms are unacceptable to you, you may notify us within 30 days after being informed of the changes that you do not agree with the changes. If you do so, we will delay applying the changes to you until your Subscription terminates.