Termos e Condicoes — Pilotium

Effective date: 2026-06-12. Version: tos_v2_2. Replaces: tos_v2_1.

Terms of Service — Pilotium

B.1.1 Identification

These Terms of Service ("Terms") govern your use of the Pilotium service ("Service") provided by Digital Technologies OÜ, an Estonian private limited company, registration code 16576446, VAT EE102558489, with registered seat at Harju maakond, Tallinn, Kesklinna linnaosa, Estonia, and place of central administration at Calle Conde de Altea 46, 46005 Valencia, Spain ("Pilotium", "we", "our"). Corporate representative for service of process in Estonia: Magrat OÜ (registration code 11730730, Harju maakond, Tallinn, Kesklinna linnaosa, Estonia; § 631 Estonian Commercial Code). General contact: [email protected].

By creating an account, accessing or using the Service, you ("Customer", "you") accept these Terms in full.

B.1.2 The Service

Pilotium is a multi-tenant SaaS platform that:

Provides a multi-channel inbox and outbound capability across WhatsApp Business Cloud API, SMS, email and chat, on the Customer's own messaging accounts.
Operates an AI conversational assistant on inbound messages, with configurable personas and handoff to human staff.
Manages the Customer's advertising campaigns on Meta, Google and TikTok platforms (the "Ad Platforms"), where the Customer has connected the relevant accounts.
Generates marketing creatives using AI providers under the Customer's review and approval.
Provides a lead-management workspace, analytics, and reporting.

The Service is provided on a continuous-improvement basis. We may modify features, add new ones, or deprecate existing ones, with reasonable prior notice for material reductions in functionality.

B.1.3 Eligibility and accounts

The Service is intended for businesses, freelancers and sole traders ("Business Customers"). Where you contract as a consumer (non-professional purposes), you have the rights described in §B.1.11.

You must be at least 18 years old, have legal capacity to contract, and accept these Terms on your own behalf or on behalf of a legal entity for which you have authority to contract.

B.1.4 Account integrity

You are responsible for:

The accuracy of your account information, including your legal name, registration number, VAT identifier and registered address (required for marketing-consent rendering under LSSI Article 21 and for invoicing).
The security of your login credentials.
All activity that occurs through your account, including activity initiated by your staff or contractors.

B.1.5 Plans, pricing and billing

The Service is provided as a paid subscription. The current plans and zone-based prices are published at pilotium.cc/pricing and shown at checkout; the price applicable to you is the price displayed and accepted at the time of contracting. Where a free trial is offered at checkout (currently 14 calendar days unless a different length is stated there), no Subscription Fee is charged before the end of the trial and you may cancel at any time before the trial ends at no cost. Price changes are announced by email and by publication on pilotium.cc/pricing at least 30 days in advance and apply from your next billing period; if you do not accept a price increase, you may terminate the Service without penalty before it takes effect.

Billing terms:

Plans are billed monthly or annually in advance, in EUR.
Pricing is exclusive of VAT.
For B2B Customers established in the EU outside Estonia: the reverse charge mechanism applies under Article 196 of Directive 2006/112/EC and § 10 lg 4 of the Estonian Käibemaksuseadus; the Customer accounts for VAT in its Member State. Customers must provide a valid VAT identification number validated against VIES (Regulation (EU) 904/2010).
For Customers established in Estonia: Estonian VAT (24%, in force since 1 July 2025; previously 22%) applies under KMS § 15.
For non-business EU consumers: VAT at the Customer's Member State rate applies under the OSS regime (KMS § 43³ + Ley 37/1992 art. 163 unvicies).
Invoices comply with § 7 Raamatupidamise seadus and § 37 KMS (Estonia) and RD 1619/2012 art. 6 + 11 (Spain).
Spanish e-invoicing: where Pilotium's Spanish place of central administration triggers the obligation under Ley 18/2022 (Crea y Crece) and RD 1007/2023, invoices to Spanish-resident B2B Customers will be issued in the prescribed structured electronic format with VeriFactu real-time reporting.
Annual plans renew automatically with at least 30 days' prior notice.
A 30-day money-back guarantee applies to the first paid term of your first subscription, whether monthly or annual (not to renewals or to subsequent subscriptions). See the Cancellation & Refund Policy at pilotium.cc/cancellation-policy for the procedure.
Founding-member permanent discounts are honoured indefinitely under the conditions set at grant.

B.1.6 Wallet and advertising budget

The Wallet is a prepaid account that the Customer funds in advance and that Pilotium uses, as custodian, to pay advertising spend on the Ad Platforms on the Customer's behalf, plus the agreed management fee.

The Wallet is non-transferable and non-redeemable for cash during the subscription term.
On cancellation of the subscription, the uncommitted Wallet balance is refundable, less outstanding subscription fees and management fees, within 90 days of cancellation.
Spend committed to active or scheduled campaigns is strictly non-refundable and irrecoverable, regardless of campaign results.
Chargebacks initiated by the Customer on spent advertising budget will result in immediate account suspension and may result in legal action.

B.1.7 Customer Content and licence

"Customer Content" means any material you upload, transmit or otherwise make available through the Service (photos, videos, logos, texts, contact lists, brand assets).

You warrant that you own or have all rights, licences and consents necessary to upload Customer Content and that the Customer Content does not infringe any third-party rights and complies with applicable law (including data-protection law, advertising law, intellectual-property law, and AI Act Article 50(4) deepfake-disclosure law).

You grant Pilotium a worldwide, non-exclusive, sublicensable, royalty-free licence to use the Customer Content for the purpose of providing the Service, including the delivery of advertising on the Ad Platforms. After the subscription ends, the licence survives in a limited form to permit Pilotium to use anonymised, aggregated metrics derived from your usage for portfolio and benchmarking purposes (not personal data).

If a third party notifies us that Customer Content infringes their rights, we may remove or disable access to the Content pending resolution.

B.1.8 AI-generated creatives

The Service uses AI to generate creatives. By using this feature, you acknowledge that:

The creative is generated by an AI system; Pilotium does not warrant originality, copyright clearance, or fitness for purpose of any specific output. Where an upstream AI provider applies a machine-readable provenance manifest to the output (per Article 50(2) AI Act, which obligates the provider — not Pilotium), Pilotium preserves that manifest through the publishing pipeline as a best-practice flow-down.
AI-generated creatives may inadvertently resemble protected works of third parties; you are responsible for reviewing each creative before publication.
Deep-fake labelling (Article 50(4) AI Act, applicable from 2 August 2026). A creative constitutes a "deep fake" within the meaning of Article 3(60) AI Act only where it (i) is AI-generated or manipulated image, audio or video content, (ii) resembles existing persons, objects, places, entities or events, and (iii) would falsely appear to a person to be authentic or truthful. Where a creative meets that definition AND is not covered by the Article 50(4) second-subparagraph carve-out for artistic, creative, satirical, fictional or analogous works, the Service applies a visible AI-generated label and, where supported, the destination platform's native AI-disclosure flag. Where the creative falls within the artistic-creative carve-out (the substantial majority of stylised advertising creatives), the obligation is limited to disclosure in an appropriate manner, satisfied by Pilotium's Privacy Policy §A.10.1 (identification of the AI systems operated for creative generation).
Where you upload to the Service any media that you have generated or materially altered using an AI system outside the Service, you warrant that any required Article 50(4) deepfake label has been applied before upload; the Service does not retrospectively label media not originated by the Service.
Where you download an AI-generated creative from the Service and publish it directly on an Ad Platform or other third-party surface, you are responsible for preserving the embedded provenance manifest (where present) and applying the platform's native AI-disclosure flag if the creative falls within Article 50(4) scope (excluding the carve-out). The Service makes available the manifest URI at the point of download (Annex G provenance_manifest_format).
You confirm that any creative the Service generates and that you publish on an Ad Platform complies with the destination platform's Advertising Policies (Meta Advertising Standards, Google Ads Policies, TikTok Advertising Policies). These platform policies may require labelling on a wider scope than Article 50(4); the Service's content-moderation filters are an aid, not a substitute for your compliance with platform policies.
You warrant that you will not upload to the Service any material constituting a deep fake of a third party without that person's documented consent or another lawful basis.

Deepfake-takedown right. Pilotium reserves the right to remove or disable any AI-generated creative that has not been correctly labelled under Article 50(4) on the destination platform, without liability to you.

Ownership of AI-generated creatives produced through the Service is governed by §B.1.9.

B.1.9 Intellectual property

Pilotium retains all intellectual-property rights in the Service, its software, models, prompts, internal datasets, documentation and brand. You retain all intellectual-property rights in your Customer Content. AI-generated creatives produced through the Service are owned by Pilotium, with a worldwide, royalty-free, perpetual licence to the Customer to use them in the context of the Customer's business while a paid subscription is active or until natural expiry (creative archive view post-subscription is read-only).

B.1.10 AI Act — Customer as deployer

You acknowledge that, where you operate an AI system within the meaning of Regulation (EU) 2024/1689 (in particular the conversational assistant on your own messaging account, and any AI-generated creative published in your name), you are a deployer of an AI system under the AI Act. You agree to:

Provide affected natural persons with the information required under Articles 50 and 26 to the extent applicable.
Not modify, shorten, or suppress the first-message AI-disclosure line defined in the Keyword Specification §F (regulatory floor under Article 50(1) AI Act). You may expand but not shorten the disclosure.
Not remove or alter machine-readable provenance marks on creatives generated through the Service.
Apply a visible adjacent label satisfying Article 50(4) on Ad Platforms that lack a native AI-disclosure flag, only where the creative constitutes a deep fake within the meaning of Article 3(60) AI Act AND does not fall within the artistic-creative carve-out of Article 50(4) second subparagraph. Where the carve-out applies, the appropriate-manner disclosure is satisfied by Pilotium's Privacy Policy §A.10.1.
Maintain a sufficient level of AI literacy among your personnel operating the Service (Article 4 AI Act).
Promptly notify Pilotium of any serious incident under Article 3(49) AI Act of which you become aware, within 48 hours of awareness, to enable Pilotium's Article 73 reporting where applicable.
Not use the Service as, or within, an Annex III high-risk AI system (e.g. employment decisioning, credit scoring of leads, biometric categorisation, emotion recognition). Doing so constitutes a material breach.
Cooperate with Pilotium on incident reporting under Article 73 AI Act.

Suspension right. Breach of any of paragraphs 1 through 8 is a material breach entitling Pilotium to suspend the conversational-AI feature, the Embedded Signup integration, or (in case of repeat or wilful breach) the entire Service, without affecting Pilotium's other rights and remedies. You acknowledge that Pilotium has corresponding obligations to upstream platform providers (in particular under the WhatsApp Business Solution Terms and the Meta Platform Terms) that would be breached by your failure to comply.

B.1.11 Term and termination

These Terms enter into force on your acceptance and remain in force until terminated.

By you: at any time, via the Service's cancellation flow. Cancellation takes effect at the end of the current billing period (when subscriptions are active and paid); on the date of cancellation when no paid subscription is in force.
By us: with at least 30 days' written notice in the absence of breach; immediately on material breach, after written notice and 14 days' opportunity to cure where the breach is curable.
Automatic termination: in case of insolvency, bankruptcy, dissolution, or analogous procedures.

Post-termination:

Customer data is retained for the periods set out in the Retention Policy.
The Wallet is settled per §B.1.6.
Pilotium ceases to act as processor on the date of termination; data deletion follows the DPA.
Surviving clauses: licence to anonymised metrics (§B.1.7), intellectual property (§B.1.9), confidentiality (§B.1.13), liability (§B.1.14), governing law and forum (§B.1.16).

Consumer right of withdrawal. Where you contract as a consumer, you have a 14-calendar-day right of withdrawal from the conclusion of the contract under Directive 2011/83/EU (Spain: Real Decreto Legislativo 1/2007 arts. 102–108; Estonia: Võlaõigusseadus § 56). For digital services / digital content not supplied on a tangible medium, the right of withdrawal is lost only where you (i) expressly request that the Service begins during the withdrawal period and (ii) acknowledge that you lose your right of withdrawal once performance has begun with your prior express consent and your acknowledgement of the loss of that right, in line with Article 16(m) of Directive 2011/83/EU, Article 103(m) RDLeg 1/2007, and § 53 lg 4 p 11 VÕS. Your acknowledgement is recorded in a durable medium at sign-up (Article 98.7 RDLeg 1/2007). The Model Withdrawal Form is at Annex B of RDLeg 1/2007 and § 711 VÕS; you may use that form or any other unequivocal statement to exercise the right.

B.1.12 Payment default and Pending Closure

The Pending Closure mechanism applies when paid subscriptions are active. If a renewal payment fails, we will retry the charge over 24 hours and then attempt collection at days 7, 14 and 30. During Pending Closure, outbound advertising activity may be suspended.

If outstanding fees remain unpaid for 12 consecutive months, the account is permanently terminated. The Restricted Accounts Register, as described in the Retention Policy row 3 (retention_v2), applies to permanently terminated accounts with outstanding debt. The Register is an internal file and does not constitute a fichero común de información sobre solvencia patrimonial within the meaning of Article 20 LOPDGDD. You may object under Article 21 GDPR; the objection is assessed under Article 21(1) on a "compelling legitimate grounds" basis.

B.1.13 Confidentiality

Each party agrees not to disclose to third parties confidential information of the other party received in connection with these Terms, except (i) to its own personnel, professional advisers and sub-processors on a need-to-know basis under equivalent confidentiality obligations, (ii) where required by law, or (iii) where the information becomes public through no fault of the receiving party. Confidentiality obligations survive termination of these Terms for five (5) years from the date of termination, in line with Spanish Código Civil article 1964.2 (5-year limitation period for personal actions, post-2015 reform) and Estonian Tsiviilseadustiku üldosa seadus § 147 (parties may extend the default § 146 limitation by agreement up to 10 years).

B.1.14 Limitation of liability

To the maximum extent permitted by law:

Neither party is liable for indirect, consequential or special damages, loss of profits, loss of revenue, loss of business opportunity, loss of data (other than data restorable from backups under our standard recovery procedures), or loss of goodwill.
Each party's aggregate liability under or in connection with these Terms is limited to the higher of (a) €1,000 and (b) one month of Subscription Fees paid by the Customer in the month immediately preceding the event giving rise to the claim, excluding amounts held in the Wallet (Pilotium's stewardship obligation over the Wallet under §B.1.6 is preserved without reference to this cap; Wallet amounts lost through Pilotium's gross negligence are recoverable independently).
The exclusions and limitations in this section do not apply to fraud, wilful misconduct, gross negligence, negligent breach of an essential ("cardinal") contractual obligation (Võlaõigusseadus § 42 lg 3 punkt 1), bodily injury, death, infringement of fundamental data-protection rights, or any liability that cannot be excluded by applicable law.
Where you contract as a consumer, the exclusions and limitations in this section do not apply to the extent they would limit your statutory remedies under Real Decreto Legislativo 1/2007 articles 85–90, the Estonian Tarbijakaitseseadus or other mandatory consumer-protection law of your habitual residence.
Nothing in this clause limits either party's liability to data subjects under Article 82 GDPR or to supervisory authorities under Articles 83 and 84 GDPR.

We do not warrant that the Service will be uninterrupted or error-free, nor that advertising campaigns will produce any specific result, nor that the Ad Platforms will not reject, suspend or restrict campaigns.

B.1.15 Force majeure

Neither party is liable for failure or delay in performance to the extent caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, strikes, pandemics, government action, internet outages, third-party service outages, the deprecation, suspension or material change of an Ad Platform's API, or the invalidation, suspension or material change of the EU-U.S. Data Privacy Framework or any other transfer mechanism upon which the Service relies.

B.1.16 Governing law, jurisdiction, and consumer protection

These Terms are governed by Spanish law (Código Civil, Código de Comercio, Ley 7/1998 de Condiciones Generales de la Contratación, and applicable consumer-protection law) for all matters of commercial obligation, performance, breach and remedies.

Notwithstanding the foregoing, questions concerning (i) Pilotium's corporate existence, (ii) the authority of its representatives to bind it, and (iii) the validity of its corporate acts are governed by Estonian law as the law of the place of incorporation (Estonian Rahvusvahelise eraõiguse seadus § 14; Spanish Código Civil article 9.11). Mandatory rules of the consumer's habitual residence apply under Article 6 of Regulation (EC) 593/2008 (Rome I) where applicable.

Forum. Any dispute arising out of or in connection with these Terms shall be submitted exclusively to the courts of Valencia, Spain. This jurisdiction clause is concluded under Article 25 of Regulation (EU) 1215/2012 (Brussels I bis) and is exclusive as between the parties.

Consumer override. Notwithstanding the foregoing, a consumer may bring proceedings against Pilotium in the courts of the Member State in which the consumer is domiciled (Article 18(1) Brussels I bis), and Pilotium may bring proceedings against the consumer only in the courts of the Member State in which the consumer is domiciled (Article 18(2) Brussels I bis). Pilotium is not obliged to, and does not undertake to, participate in alternative dispute resolution proceedings before a consumer arbitration board; your mandatory statutory remedies remain unaffected. (The European Commission's online dispute-resolution platform was discontinued on 20 July 2025 by Regulation (EU) 2024/3228 and is no longer available.)

B.1.17 Amendments

We may amend these Terms from time to time. Material amendments are notified by email and by publication on this page with a new effective date. If you do not accept a material amendment, you may terminate the Service free of charge within 30 days of notification.