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Terms and Conditions

Last updated: March 13, 2026

1. Service Provider Identification

Digital Technologies OÜ(hereinafter, “Pilotium”, “we” or “our”)
Registration code: 16576446
VAT ID: EE102558489
Legal form: Private limited company (Estonia)
Registered address: Harju maakond, Tallinn, Kesklinna linnaosa, Estonia
Management address: Calle Conde de Altea 46, 46005 Valencia, Spain
Contact person: Magrat OÜ (reg. 11730730)
Email: [email protected]
Website: pilotium.cc

2. Definitions

For the purposes of these Terms and Conditions (hereinafter, the “Terms”), the following terms shall have the meanings set out below:

  • “Service”: the Pilotium platform, including the software, artificial intelligence agents, advertising campaign management tools, dashboard, analytics and any associated functionality.
  • “Client”: the natural or legal person who contracts the Service for the promotion of their fitness business.
  • “Advertising Platforms”: Meta (Facebook and Instagram), Google Ads, TikTok Ads, Snapchat Ads and any other advertising platform that Pilotium may integrate in the future.
  • “Client Content”: all text, images, photographs, videos, logos, trademarks and any other material provided by the Client to Pilotium for the creation and management of advertising campaigns.
  • “Creatives”: the advertisements, graphic assets, promotional videos and any other creative material generated by Pilotium (including through artificial intelligence) using the Client Content.
  • “Wallet”: the internal digital wallet on the platform where the Client deposits funds intended for the advertising budget.
  • “Subscription Fee”: the periodic amount (monthly or annual) paid by the Client for access to the Service.
  • “Advertising Budget”: the funds deposited in the Wallet, allocated to expenditure on the Advertising Platforms and to Pilotium’s management fee.

3. Purpose and Scope

These Terms govern the access to and use of the Pilotium platform (accessible at pilotium.cc and app.pilotium.cc), a marketing automation and digital advertising agency service powered by artificial intelligence for fitness businesses (gyms, studios, CrossFit boxes, wellness centres, etc.).

Pilotium operates as a digital marketing agencythat creates, manages and optimises advertising campaigns on behalf of the Client, using Pilotium’s own advertising accounts on the Advertising Platforms. The Client is not required to maintain their own accounts on said platforms.

By registering for or using our services, you accept these Terms in their entirety. If you do not agree, please do not use the platform.

4. Description of the Service

Pilotium provides the following services:

  • Automated WhatsApp interviews to gather information about the Client’s business
  • Surveys of gym members for building audience profiles
  • Generation of advertising creatives using artificial intelligence
  • Creation, management and optimisation of campaigns on the Advertising Platforms (Meta, Google, TikTok, Snapchat)
  • Automated lead qualification and management of trial class bookings
  • Analytics dashboard with performance metrics
  • Advertising Budget management through the Wallet system

5. Registration and Account

  • You must be at least 18 years of age to create an account
  • The information provided must be truthful and up to date
  • You are responsible for maintaining the security of your login credentials
  • One account represents one business; each gym or location requires its own configuration
  • If you act on behalf of a company, you warrant that you have sufficient authority to bind that company to these Terms
  • We reserve the right to suspend or terminate accounts that breach these Terms

6. Plans, Pricing and Billing

Pilotium offers several subscription plans with different service tiers. Current prices are displayed on the website and may be modified with a minimum of 30 days’ prior notice. Price changes shall not affect the current billing period.

  • Billing periods: Subscriptions are available on a monthly or annual basis
  • Monthly billing: Charged in advance at the start of each monthly period. Automatically renews each month until cancelled
  • Annual billing: Charged in advance for 12 months at a discounted rate. Automatically renews each year unless cancelled at least 30 days before the renewal date
  • Prices are displayed exclusive of VAT; applicable VAT will be added in accordance with the legislation in force. All applicable taxes are the sole responsibility of the Client
  • Founding member discount: Early subscribers may receive a permanent discount locked in for the lifetime of their subscription, as displayed at the time of purchase

7. Wallet and Advertising Budget

Pilotium operates with a digital wallet system (“Wallet”) for managing the Advertising Budget. It works as follows:

  • Nature: Funds deposited in the Wallet constitute a prepaymentintended to cover advertising expenditure on the Advertising Platforms and Pilotium’s management fee
  • Custody: Pilotium acts as custodian of the Wallet funds and undertakes to safeguard them with due diligence
  • Use of funds:Wallet funds are used exclusively for advertising campaign expenditure on the Advertising Platforms and Pilotium’s management fee. The Client may view a detailed breakdown of expenditure at any time from their dashboard
  • Management fee: Pilotium applies a management fee on the Advertising Budget as an agency service charge. Said fee is specified in the contracted plan and is visible to the Client at all times
  • No expiry: The Wallet balance does not expire
  • Non-transferability: The Wallet balance is not transferable to other accounts nor redeemable for cash during the term of the subscription, except in the event of cancellation in accordance with the following section
  • Refund upon cancellation: Upon cancellation of the subscription, the uncommitted Wallet balance shall be refunded to the Client within a maximum of 90 calendar days, less: (a) advertising expenditure already committed to active or scheduled campaigns, (b) the management fee corresponding to expenditure already incurred, and (c) any outstanding Subscription Fees
  • Fraud: Pilotium reserves the right to suspend or close the account and withhold Wallet funds in the event that the balance has been obtained or used fraudulently

8. Separation of Payments

The Client shall make two separate and independent types of payment:

  1. Subscription Fee: Periodic payment (monthly or annual) for access to the Service, the platform, AI tools and support. This payment is governed by the billing terms set out in section 6.
  2. Advertising Budget (Wallet): Funds deposited by the Client in the Wallet to finance advertising campaigns. This payment is governed by the terms set out in section 7.

Both payments are independent. Cancellation of the subscription does not entail automatic forfeiture of the Wallet balance; the balance shall be returned in accordance with section 7.

9. Automatic Renewal

  • Monthly subscriptions: automatically renew each month on the same date as the initial purchase
  • Annual subscriptions: automatically renew each year on the anniversary of the initial purchase
  • A reminder email will be sent 30 days before the renewal of annual subscriptions
  • You may cancel automatic renewal at any time from the billing page of your dashboard or by contacting [email protected]

10. Cancellation and Refunds

  • You may cancel your subscription at any time from your account dashboard in two clicks
  • Cancellation takes effect at the end of the current billing period — you retain access until then
  • Monthly plans: No refunds are issued for partial periods
  • Annual plans — 30-day money-back guarantee: If you request a refund within 30 days of your initial annual purchase, you will receive a full refund of the Subscription Fee. This guarantee applies only to the first subscription, not to renewals
  • Annual plans cancelled after the 30-day guarantee period are not eligible for pro-rata refunds
  • Upon cancellation, active campaigns will be automatically paused
  • Your data will be retained for 30 days following cancellation, after which it will be permanently deleted
  • Subscription Fee refunds are processed to the original payment method within 5–10 business days
  • The Wallet balance is refunded in accordance with section 7
  • Advertising Budget already spent on the Advertising Platforms is strictly non-refundable.Once funds from the Wallet have been charged to advertising campaigns on the Advertising Platforms (Meta, Google, TikTok, Snapchat), those funds are considered irrevocably spent and cannot be recovered, refunded or credited by Pilotium under any circumstances. This applies regardless of campaign performance, early cancellation, chargeback attempts or any other reason. The Client acknowledges that advertising expenditure is a third-party cost paid directly to the Advertising Platforms on the Client’s behalf and is beyond Pilotium’s ability to reverse

10.1 Payment Default

The first failed Subscription Fee charge triggers an immediate notification email to the Client. A second automatic charge attempt will be made 24 hoursafter the first failure. If the second attempt also fails, a “Payment Default” is declared and the following consequences apply:

  • All active advertising campaigns are immediately paused
  • The Client is notified by email of the Payment Default and the available remediation options
  • Pilotium will continue to attempt collection at the following intervals: 7, 14 and 30 days after the Payment Default date. If the Client updates their payment method at any point, the pending charge will be processed immediately
  • Subsequent monthly Subscription Fees continue to accrue normally and collection attempts will be made as they fall due. The Client remains liable for all accrued Subscription Fees regardless of campaign status
  • The Subscription Fee covers access to the Pilotium platform, its artificial intelligence tools, dashboard and support — not exclusively the execution of advertising campaigns. The suspension of campaigns resulting from a Payment Default is a consequence of the Client’s non-fulfilment of their payment obligations and does not constitute a failure by Pilotium to provide the Service

10.2 Conditional Cancellation — Pending Closure

If the Client submits a cancellation request while a Payment Default is active (i.e., one or more Subscription Fees remain outstanding):

  • The cancellation request is registered and no new Subscription Fees will be charged from the following billing cycle
  • The account enters “Pending Closure” status: read-only access, campaigns remain paused, and the Wallet balance is held
  • The formal account closure, deletion of account data and any Wallet refund will not be processed until all outstanding Subscription Fees are settled in full
  • Collection attempts continue in accordance with section 10.1
  • If the outstanding amount is not settled within 90 calendar days of the cancellation request, Pilotium may proceed to formal account termination as set out in section 10.3

10.3 Account Termination for Persistent Non-Payment

If a Payment Default remains unresolved for a period of twelve (12) consecutive months, Pilotium reserves the right to permanently terminate the account. Upon termination:

  • All advertising campaigns are permanently stopped
  • The uncommitted Wallet balance is applied toward outstanding Subscription Fees. If the Wallet balance does not cover the full amount owed, the available balance will be applied in full and the shortfall shall constitute an outstanding monetary debt of the Client toward Pilotium
  • Any remaining outstanding amount after the Wallet offset will be referred to third-party collection agencies or pursued through legal proceedings
  • The Client will be notified of the termination and any applied Wallet offset by email at least 15 calendar days prior to the termination date

10.4 Restricted Accounts Register

Upon permanent account termination for non-payment, or following cancellation with an unresolved outstanding debt, Pilotium may add the following identifiers to its restricted accounts register in order to prevent future account creation:

  • Email address associated with the account
  • Telephone number associated with the account
  • Club address registered on the account
  • Business name or trading name registered on the account

This processing is conducted on the basis of Pilotium’s legitimate interest in preventing recurrent abusive use of the platform and in protecting against financial loss (GDPR Art. 6.1.f), as further described in the Privacy Policy. Identifiers will be removed from the restricted accounts register upon full settlement of the outstanding debt or upon expiry of the applicable retention period (five years from the date of account termination).

11. Right of Withdrawal

As a consumer in the European Union, you have the right to withdraw from this contract within 14 days of the date of purchase, without giving any reason (Directive 2011/83/EU, Articles 9–16).

Waiver of the right of withdrawal: If during the purchase process you consented to the immediate commencement of the service (by ticking the corresponding checkbox), you acknowledge that you forfeit your right of withdrawal once the service has fully commenced. The service begins immediately upon successful payment, when your subscription is activated and the platform becomes accessible.

To exercise your right of withdrawal (where applicable), you must inform us by sending a clear statement (for example, an email) to [email protected]. You may use the model withdrawal form below, but it is not compulsory.

Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract)

To: Digital Technologies OÜ, Calle Conde de Altea 46, 46005 Valencia, Spain — [email protected]

I hereby give notice that I withdraw from the contract for the provision of the following service: Pilotium subscription [plan name]

  • Date of contract: [date]
  • Name of consumer: [name]
  • Address of consumer: [address]
  • Date: [date]

12. Plan Changes

  • You may upgrade or downgrade your plan at any time from the billing page
  • Upgrades take effect immediately; the price difference is pro-rata for the remainder of the current billing period
  • Downgrades take effect at the start of the next billing period
  • Upon downgrading, the features and limits of the higher plan remain available until the end of the current period

13. Client Obligations

By using Pilotium, the Client undertakes to:

  • Provide truthful and up-to-date information about their business
  • Not use the Service for misleading, unlawful advertising or advertising contrary to the policies of the Advertising Platforms
  • Comply with the advertising policies of Meta, Google, TikTok and Snapchat
  • Inform their gym members when sending them surveys through the platform
  • Maintain sufficient funds in the Wallet to cover the Advertising Budget for active campaigns
  • Advertising transparency (DSA): In accordance with Regulation (EU) 2022/2065 (Digital Services Act), advertisements published on behalf of the Client on EU platforms will publicly identify Pilotium as the payor (dsa_payor) and the Client as the beneficiary of the advertisement (dsa_beneficiary). The Client expressly consents to their business name being visible in the advertising transparency registers of the platforms (such as the Meta Ad Library). This information is mandatory and cannot be omitted for advertisements targeted at users in the European Union.

14. Client Warranties and Representations

The Client warrants, represents and undertakes that:

  • They hold all rights, licences and consents required in respect of the Client Content provided to Pilotium, including image rights of third parties (employees, gym members, models, etc.)
  • The Client Content does not infringe any intellectual property rights, image rights, privacy or other rights of third parties
  • The Client Content does not contain unlawful, defamatory, obscene, fraudulent or otherwise illegal material
  • The products and services promoted through the Service are lawful and not subject to regulatory investigations
  • They have obtained the informed consent of all individuals appearing in photographs or videos provided to Pilotium

15. Intellectual Property

15.1 Platform Ownership

The Pilotium platform, its source code, design, algorithms, artificial intelligence models, interfaces, documentation and any associated material are the exclusive property of Digital Technologies OÜ. Nothing in these Terms transfers to the Client any intellectual property right in the platform.

15.2 Client Content — Licence to Pilotium

The Client Content remains the property of the Client or their licensors. By using the Service, the Client grants Pilotium a worldwide, non-exclusive, sublicensable and royalty-free licence to use, copy, modify, publish, transmit and display the Client Content for the duration of the subscription and, solely for the portfolio and marketing purposes of Pilotium described below, after the subscription has ended, for the following purposes:

  • Creation, management and optimisation of advertising campaigns on behalf of the Client
  • Promotion of Pilotium’s services, including use as portfolio, case study, marketing materials, commercial presentations and posts on Pilotium’s social media channels
  • Improvement of the platform’s algorithms and artificial intelligence models (using anonymised data)

Pilotium may include the Client’s trade name, brand, logo and results in its client list and marketing materials, unless the Client expressly notifies otherwise in writing to [email protected].

15.3 Creatives Generated by Pilotium

Creatives generated by Pilotium (including those generated through artificial intelligence) are the exclusive property of Pilotium. This includes the design, composition, advertising copy, templates, formats and any creative element generated by the platform.

During the term of the subscription, the Client may use the generated Creatives exclusively for the promotion of their own business. Upon cancellation, the Client shall have no right to continue using the Creatives without the written authorisation of Pilotium.

15.4 Campaign Data and Leads

Advertising campaign data (metrics, audiences, segments, configurations) is the property of Pilotium. Leads generated through the Service contain personal data of third parties and, accordingly, Pilotium acts as data processor of such data on behalf of the Client (data controller), pursuant to GDPR Art. 28 and the Data Processing Agreement which forms an integral part of these Terms.

During the term of the subscription, the Client shall have full access to leads and metrics through their dashboard. The Client may export their lead data during the term of the subscription and for 30 days following cancellation. After that period, Pilotium shall delete the data in accordance with its retention policy.

15.5 Restrictions

The Client shall not:

  • Copy, modify, decompile, disassemble or reverse-engineer the platform or its technology
  • Use Pilotium’s Creatives, data or technology to develop competing products or services
  • Redistribute, sublicense or resell access to the Service

16. Indemnification

16.1 Indemnification by the Client

The Client shall indemnify, defend and hold harmless Pilotium, its directors, employees, agents and subcontractors from and against any claim, liability, damage, loss, cost or expense (including reasonable legal fees) arising out of or in connection with:

  • The Client Content, including any third-party claims for infringement of intellectual property rights, image rights, privacy or other rights
  • Any breach by the Client of any warranty, representation or obligation contained in these Terms
  • The sale, supply or provision of the Client’s products or services promoted through the Service
  • Use of the Service in a manner contrary to law or the policies of the Advertising Platforms

16.2 Indemnification by Pilotium

Pilotium shall indemnify and hold harmless the Client from and against any third-party claim alleging that Pilotium’s proprietary platform technology (excluding the Client Content) infringes the intellectual property rights of such third party, provided that the Client promptly notifies Pilotium and reasonably cooperates in the defence.

17. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PILOTIUM EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

PILOTIUM DOES NOT GUARANTEE SPECIFIC RESULTS FROM ADVERTISING CAMPAIGNS, INCLUDING BUT NOT LIMITED TO: NUMBER OF LEADS, CONVERSIONS, SALES, NEW MEMBERS, WEB TRAFFIC OR RETURN ON INVESTMENT. Campaign performance depends on factors beyond Pilotium’s control, such as the local market, competition, seasonality, allocated budget, the quality of the gym’s facilities and decisions made by the Advertising Platforms.

Pilotium does not warrant that the Service will be uninterrupted, error-free, secure or available at all times. In the event of a service interruption, Pilotium’s sole obligation shall be to restore the Service as soon as reasonably practicable.

18. LIMITATION OF LIABILITY

18.1 Exclusion of Consequential Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PILOTIUM BE LIABLE TO THE CLIENT OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF REPUTATION OR BUSINESS INTERRUPTION, REGARDLESS OF THE CAUSE AND IRRESPECTIVE OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF PILOTIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18.2 Maximum Liability Cap

PILOTIUM’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT OF SUBSCRIPTION FEES (EXPRESSLY EXCLUDING THE ADVERTISING BUDGET IN THE WALLET) ACTUALLY PAID BY THE CLIENT IN THE MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

18.3 Specific Exclusions

Without limiting the foregoing, Pilotium shall not be liable for:

  • The results of advertising campaigns (number of leads, conversions, sales or any performance metric)
  • Decisions taken by the Advertising Platforms (rejection of advertisements, account suspensions, changes to policies or algorithms)
  • Advertising Budget already spent on the Advertising Platforms
  • Interruption of the Service due to force majeure or circumstances beyond Pilotium’s control
  • The Client’s content, products or services promoted through the Service

18.4 Exceptions to Limitation

Nothing in these Terms shall exclude or limit Pilotium’s liability for: (a) wilful misconduct or gross negligence; (b) personal injury or death caused by negligence; or (c) any other liability that cannot be excluded or limited under applicable law.

19. Force Majeure

Neither party shall be liable for failure to perform its obligations under these Terms where such failure is due to circumstances beyond its reasonable control (“Force Majeure”), including, without limitation: natural disasters, pandemics or epidemics, wars, acts of terrorism, strikes, power supply failures, telecommunications or internet network failures, governmental actions, failures of the Advertising Platforms or third-party service providers.

The affected party shall notify the other party as soon as reasonably practicable. If the Force Majeure event persists for more than 30 days, either party may terminate the contract without penalty.

20. Data Protection

The processing of personal data is governed by our Privacy Policy and our Data Processing Agreement (DPA), which form an integral part of these Terms. By using the Service, the Client accepts the data processing conditions described in those documents.

With regard to the personal data of leads and third parties processed through the Service, Pilotium acts as data processor on behalf of the Client (data controller), pursuant to GDPR Art. 28.

21. Communications

By registering, you agree to receive service communications by email (campaign alerts, new leads, system updates, billing reminders). These communications are necessary for the provision of the Service and cannot be disabled while the account remains active. Marketing communications are optional and you may unsubscribe at any time.

22. Confidentiality

Both parties undertake to maintain the confidentiality of all commercial, technical or financial information exchanged in connection with the provision of the Service. This confidentiality obligation shall survive the termination of the contractual relationship for a period of 2 years. The specific commercial terms of the contract (prices, discounts, special conditions) are confidential.

23. Amendments

We may amend these Terms with 30 days’ prior notice, notified by email and/or by notice on the platform. If you do not agree with the amendments, you may cancel your subscription without penalty before they take effect. Continued use of the Service following the entry into force of the amendments shall constitute acceptance of the new Terms.

24. Severability

If any provision of these Terms is declared null, void or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to render it valid and enforceable, and the remaining provisions of these Terms shall continue in full force and effect.

25. No Waiver

The failure of Pilotium to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Pilotium may exercise its rights at any subsequent time, within the applicable legal time limits.

26. Relationship of the Parties

Nothing in these Terms shall create a relationship of employment, partnership, joint venture or agency (beyond the advertising agency relationship described in these Terms) between Pilotium and the Client. Pilotium acts as an independent service provider.

27. Governing Law and Jurisdiction

27.1 For clients in the European Union

These Terms are governed by the laws of the Republic of Estonia. For disputes with EU consumers, the courts of the consumer’s domicile shall have jurisdiction, in accordance with Regulation (EU) 1215/2012. Before commencing any legal proceedings, both parties shall endeavour to resolve disputes amicably. You may also use the EU Online Dispute Resolution platform.

27.2 For clients in the United States

For clients located in the United States, these Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to conflict of laws principles. Any dispute shall be resolved by binding arbitration administered in accordance with the rules of the American Arbitration Association (AAA), conducted in English. Both parties waive any right to participate in class actions.

27.3 For clients in Latin America

For clients located in Latin American countries, these Terms shall be governed by the laws of the Republic of Estonia, without prejudice to any mandatory consumer protection rules of the Client’s country of residence that may apply. Disputes shall preferably be resolved amicably and, failing that, before the competent courts of the consumer’s domicile.

28. Contact

For any enquiries regarding these Terms, please write to us at [email protected].