Terms & Conditions - FollowerPilot

Cancellation policy

Right of withdrawal

You normally have the right to cancel your order within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of purchase. Important: As this is an electronic service that begins shortly after receipt of payment and cannot be canceled, the following applies: At the end of the order process, the customer expressly agrees to the execution of the order before the withdrawal period expires. The customer acknowledges that the right of revocation expires at the beginning of the execution of the order.
To exercise your right of revocation, you must send us (followerpilot.de, support@followerpilot.de) a clear declaration of your decision to revoke your order by e-mail. To comply with the withdrawal period, it is sufficient if you send us the declaration before the withdrawal period expires and before the order is executed.

Consequences of revocation

If you cancel your order, we must refund the payment you have made, including the delivery costs, immediately and at the latest within fourteen days of receipt of your cancellation. For the refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged any fees for this repayment.
If the service has already begun at your request during the revocation period and has been carried out in whole or in part, we will retain a reasonable amount corresponding to the proportion of the service provided up to the receipt of your revocation compared to the total scope of the service provided for in the order.

General Terms and Conditions

Preamble

followerpilot.de specializes in supporting companies and private individuals with their social media presence. The aim is to increase the popularity of these presences, with a focus on the common social media platforms. There is expressly no affiliation or other type of business relationship with the social networks.

As a rule, followerpilot.de acts as an intermediary service provider. This makes it possible to offer a wide range of services. With the services provided by followerpilot.de, it is possible, for example, to achieve a one-off, rapid, but also continuous increase in users of the social media sites. Since followerpilot.de only acts as an intermediary for these services and third parties are commissioned with the task of user growth, followerpilot.de can never guarantee the user growth target set by the buyer’s order. However, this is achieved in almost every case and is usually exceeded. If, contrary to expectations, the target is not achieved in full, followerpilot.de will refund the payment (pro rata where appropriate). A refund in the amount of the percentage deviation is not permitted if the target has already been reached and a percentage has only been lost again afterwards.

1. scope of application, definitions

a) followerpilot.de. The terms and conditions between followerpilot.de and the customer are governed exclusively by the following general terms and conditions in the version valid at the time of the order. Deviating terms and conditions of the customer are not recognized unless followerpilot.de expressly agrees to their validity in writing (also by e-mail).

b) Consumers are persons within the meaning of Section 13 BGB, i.e. natural persons who conclude the respective legal transaction for a purpose that can predominantly be attributed neither to their commercial nor their independent professional activity. In other cases, customers are entrepreneurs in accordance with Section 14 BGB. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from orders placed by the customer with followerpilot.de is the district court of Hamburg.

2. object of performance

a) Unless otherwise agreed, followerpilot.de provides services for the social media channels of the companies TikTok, Instagram & YouTube (hereinafter referred to as “platform operators”).

b) The object of followerpilot.de’s services is, on the one hand, the provision of services for the purpose of user growth for the customer’s social media channel. followerpilot.de offers its services to companies and private individuals.

c) Another essential part of the services and goal of followerpilot.de’s work is to increase the number of social media users of the respective social media presence. In the following, these will only be referred to collectively as “fans”, although followers, likes, impressions, comments and views are also meant. The services of followerpilot.de enable a one-off and rapid increase in fans as well as a longer continuous increase in fan numbers.

d) As a rule, proof of delivery can only be provided via the meter reading, which is recorded using screenshots. Natural growth or purchased measures via third parties can expressly not be taken into account. Likewise, followerpilot.de has no influence on comments, reviews or personal messages that occur as a side effect – i.e. not as a result of the service.

e) There may be a drop in the number of fans during and after the placement. Followerpilot.de compensates for this with an additional delivery of 10 to 20% in advance to ensure that the customer can find at least the number of new fans he ordered on his social media channel in the long term. In the event of a decline that results in the ordered quantity obviously no longer being available, followerpilot.de will make up for this within the statutory deadlines, unless the product description expressly states that no compensation is required.

f) Unless otherwise stated, the fans referred are international profiles. These do not represent a cross-section of the global population, but in extreme cases can also be 90% from a single country. It cannot be ruled out that there may also be inactive users among the referred profiles.

g) If the customer provides followerpilot.de with content (graphics, texts, images, videos, links) for the social media presence, this does not give rise to any claim for fees on the part of the customer against followerpilot.de.

3. conditions for the provision of the service

a) For the successful execution of the service, the customer must provide the correct URL and set up the social media channel settings in such a way that users can be connected without any problems. This includes, among other things, the public activation of posts, invitations, groups, photos, comments and any changes to country and age restrictions, categories, etc.

b) If followerpilot.de receives an overlink or several links without further information, followerpilot.de will distribute the service at its own discretion. A daily limit is only offered if this is explicitly stated on the respective product page and in the order field. Exceptions to this are times of acute delivery problems. The provisions stated on the respective product page apply. Deviations can only be considered after prior consultation and, if necessary, verification.

c) If an agreement has been made in writing (including by e-mail) prior to the purchase, packages can also be purchased in another form.

d) Particularly in the case of services for events, the customer must place the order in good time. In the case of orders placed at very short notice, followerpilot.de cannot guarantee their successful processing or reserves the right to refuse the order.

e) If paid advertising has already been placed on a video, followerpilot.de recommends deactivating it within the processing time of the service. Failure to do so may lead to problems with the advertising account, for which followerpilot.de expressly accepts no responsibility.

4. ordering process and completion

a) The presentation of products in the online store of followerpilot.de does not constitute a legally binding offer, but an invitation to place an order. The provisions of the product descriptions in the online store or on the invoice provided by e-mail apply to the offers. The URLs of the products may differ and are not legally binding. Errors excepted.

b) The customer can select services from the range offered by followerpilot.de and use the “Buy now” button to proceed to the checkout and place the item in the shopping cart. In the checkout area, the customer can either click on “Continue shopping”, or a binding application to purchase the goods in the shopping cart can be concluded by paying with one of the suggested payment methods.

c) When placing an order, the customer must provide his complete data for correct processing. It goes without saying that the transmitted data will be treated as strictly confidential.

d) After submitting the order, the customer receives an automatic confirmation of receipt by email, which lists the customer’s order again and can be printed using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the customer’s order has been received by followerpilot.de and does not constitute acceptance of the order. Any transmission of account details by e-mail for the purpose of payment in advance also does not constitute a declaration of acceptance on the part of followerpilot.de. The customer’s order with followerpilot.de only becomes valid upon confirmation of receipt of payment. This confirmation as order acceptance will be sent to the customer by e-mail. The processing time stated in the selection box applies from the start of the service. In most cases, the service starts within 24 hours, but can take up to five working days in individual cases.

e) The following restrictions apply to purchase on account: We only offer purchase on account for corporate customers based in Germany. The company must have a website with an imprint whose data is identical to the data provided in the order. Furthermore, the customer must enter their VAT ID number in the corresponding field during the order process. followerpilot.de reserves the right to refuse delivery on account if there are any remaining doubts. Orders with a sales value of over €100.00 (incl. VAT) will only be started on a pro rata basis and will only be completed after receipt of payment. If the conditions are not met, followerpilot.de will refuse to carry out the order until payment has been received.

f) followerpilot.de responds to customer questions regarding their order within a maximum of three working days, but usually within one working day. For this purpose, the customer should always state the order number in order to avoid any delays in processing the inquiry. followerpilot.de reserves the right not to respond to inquiries via Facebook. Communication usually takes place via e-mail by followerpilot.de. The support provided to the customer must be proportionate to the service provided and should not exceed the latter.

5. assurance of followerpilot.de in increasing the number of fans

a) The services of followerpilot.de, which deal with the growth of fans, are a mediated service and not a sale of fans.

b) It is in the nature of things that followerpilot.de cannot guarantee the customer any specific growth figures of fans. However, followerpilot.de will always endeavor to meet the customer’s targets and is prepared to give a corresponding assurance:
The achievement of a specific number of fans is agreed as the subject of the contract. If followerpilot.de does not achieve this target, the customer will receive a discount in the amount of the percentage deviation. A discount in the amount of the percentage deviation is not permitted if the target has already been reached and a percentage has only been lost again afterwards.

c) A shortfall in the delivery period and an excess delivery are not grounds for a defect. However, if the delivery period is exceeded and the agreed target has not yet been reached, the customer shall be entitled to partial reimbursement.

d) The customer is aware that it may not be possible to fulfill their request to cancel. If the delivery has already been started by followerpilot.de.

e) followerpilot.de guarantees the complete delivery of the ordered number of fans (reach). However, a loss of these is unavoidable for natural reasons. For example, Instagram (or another social network) may delete inactive users as a result of an update. When and whether these “deletions” will occur and whether they will affect the number of fans (reach) purchased from followerpilot.de cannot be predicted in any way. Nevertheless, followerpilot.de cannot provide a replacement, let alone refund the order, should this matter occur.

6 Term, termination

a) Unless expressly stated otherwise, all services offered on followerpilot.de are always one-off services. No subscription or similar is concluded.

b) If the agreement between followerpilot.de and the customer is a contract without a fixed term, both parties have the option of terminating the contractual relationship by e-mail or letter with a notice period of 5 days to the end of the month.

7. remuneration, accounting

a) The remuneration and the prices shown include the respective statutory value added tax.

b) For ongoing contracts, invoicing is carried out by followerpilot.de. Invoices are due for payment within one week. This does not apply to the first invoice, which is due for payment in advance.

c) followerpilot.de reserves the right to demand advance payments and / or partial payments after significant interim services have been achieved. Advance or interim invoices are due for payment within one week.

d) Particularly in the case of credit card payments, followerpilot.de reserves the right to request confirmation of the order by email or telephone before commencing the service. The request is usually made within 1-5 working days. followerpilot.de reserves the right not to initiate a refund by credit card due to suspected fraud.

8. acceptance

a) The customer is obliged – where relevant – to accept the service provided if it meets the requirements specified in the order. Acceptance shall be declared in text form (Section 126b BGB).

b) During the completion phase, followerpilot.de is entitled to submit individual components of the service (e.g. graphics) to the customer for partial acceptance. The customer is obligated to partial acceptance if the relevant components of the service meet the contractual requirements.

c) The basis for the fulfillment of the campaigns and the corresponding proof of performance are the documents from followerpilot.de (e.g. screenshots of the meter reading created by followerpilot.de in relation to the desired service). If the counter reading cannot be viewed directly, proof is provided via corresponding websites / analysis tools. It should be noted that likes, comments, etc. that are added during the implementation period of the service are not necessarily attributable to the latter. Complaints regarding the service provided cannot be considered, particularly after the conclusion of campaigns, if the evidence from followerpilot.de shows that the service was provided. If the service cannot be completed due to force majeure, no refund will be made if the service was already delivered before the delivery problem occurred.

d) Services already provided cannot be reversed or removed by followerpilot.de.

e) If niche services cannot be provided, followerpilot.de reserves the right to make a refund or an appropriate partial refund.

9. responsibility for social media appearances

a) followerpilot.de accepts no liability for consequences arising from the legal relationship between the customer and the fans on the one hand and between the customer and the platform providers on the other. Furthermore, followerpilot.de accepts no liability for consequences arising from the legal relationship between the platform operators and the customer.

b) The social media presences created by the customer themselves must be legally permissible; followerpilot.de does not carry out a legal review or assume liability. However, followerpilot.de reserves the right to refuse to promote certain content. This includes

Illegal
Racism, fascism, extreme speciesism
All FSK 18 content
Competitions, Votings, Sweepstakes
Gambling, betting
Trading/securities trading, cryptocurrencies, etc.
MLM/Network Marketing
Pharmaceutical and defense industry
Violent or repulsive content
Political content
By arrangement: religious content

In addition, followerpilot.de reserves the right to refuse orders for certain content.

c) followerpilot.de accepts no liability whatsoever for the content provided by the customer (logos, photos, texts, videos, links). A legal examination by followerpilot.de does not take place. Should third parties assert claims against followerpilot.de due to possible legal violations resulting from the content of the social media presence, the customer undertakes to indemnify followerpilot.de from any liability and to reimburse followerpilot.de for the costs incurred by followerpilot.de due to the possible legal violation.

10. liability of followerpilot.de, warranty

a) The following exclusions and limitations of liability apply to followerpilot.de’s liability for damages, notwithstanding the other statutory requirements for claims.

b) followerpilot.de is liable without limitation insofar as the cause of the damage is based on intent or gross negligence.

c) Furthermore, followerpilot.de is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the order, or for the breach of obligations, the fulfilment of which makes the proper execution of the order possible in the first place and on the observance of which you regularly rely. In this case, however, followerpilot.de is only liable for the foreseeable damage typical for the order. followerpilot.de is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

d) The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

e) Furthermore, followerpilot.de is not liable for deletions, negative effects on search engine rankings or other undesirable side effects of the service. This risk is to be borne by the customer, who expressly accepts it by purchasing the service.

f) Insofar as the liability of followerpilot.de is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

g) The warranty shall be governed by the statutory provisions.

11. legal responsibility for the services of followerpilot.de, indemnification

a) The customer is solely responsible for using the services of followerpilot.de in accordance with all applicable legal provisions. The customer is responsible for checking whether and in what way he is authorized to use the services of followerpilot.de for his social media presence.

b) The customer is obliged to use the services of followerpilot.de only in compliance with the legal requirements.

c) followerpilot.de is not liable to the customer for the legality of the services provided by followerpilot.de in the context of the customer’s social media presence. The legality of the specific use of followerpilot.de’s services is the sole responsibility of the customer. followerpilot.de has no obligation to verify this in relation to the customer.

d) The customer shall indemnify followerpilot.de against all third-party claims that may be asserted against followerpilot.de in the context of the provision of services by followerpilot.de for the customer. This also includes the costs of reasonable legal costs.

e) Should third parties assert claims against the customer or followerpilot.de in the context of the provision of services by followerpilot.de, followerpilot.de is entitled to immediately cease its services for the customer and terminate the contractual relationship.

12. revocation instruction

12.1 Right of withdrawal

You normally have the right to cancel your order within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of purchase. Important: As this is an electronic service that begins shortly after receipt of payment and cannot be canceled, the following applies: At the end of the order process, the customer expressly agrees to the execution of the order before the withdrawal period expires. The customer acknowledges that the right of revocation expires at the beginning of the execution of the order.
To exercise your right of revocation, you must send us (followerpilot.de, support@followerpilot.de) a clear declaration of your decision to revoke your order by e-mail. You can use the attached sample revocation form for this purpose; however, this is not mandatory.
To comply with the revocation period, it is sufficient if you send us the declaration before the expiry of the revocation period and before the order is executed.

12.2 Consequences of revocation

12.3 Section on dispute resolution

EU arbitration platform for online stores online dispute resolution pursuant to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/.

12.4 Money-back guarantee

Before the execution of the service begins, the customer can exercise his right of withdrawal. This expires after the start of the service – this must be confirmed separately in the order process, otherwise an order is not possible. However, if there are delivery problems during the placement, followerpilot.de is prepared to make an appropriate partial refund. Even in the event of dissatisfaction, followerpilot.de is always interested in finding a satisfactory solution for all parties involved. It should be noted that it is not possible to cancel every service, especially if the count is displayed with a delay (e.g. YouTube video views, Instagram profile views, etc.).

13 Confidentiality, data protection

13.1 Handling data

a) All information that followerpilot.de receives in the course of its cooperation with the customer will be treated as strictly confidential and will only be passed on to third parties if this is necessary for the fulfillment of the order and has been agreed in advance.

b) In return, the customer undertakes to treat all information concerning followerpilot.de that becomes accessible to him during the collaboration as strictly confidential – unless disclosure to third parties has been agreed in advance. This agreement also applies beyond the duration of the collaboration.

c) If the customer wishes to delete his customer account with followerpilot.de, he writes an e-mail to support@followerpilot.de requesting the deletion of his data. followerpilot.de will immediately initiate the deletion of the customer data.

13.2 Discretion

followerpilot.de will never advertise using the social media profiles of existing customers. The buyer’s data will also only be passed on to third parties if absolutely necessary for the provision of services.

14 Final provisions, written form, order language

a) Orders placed by the customer with followerpilot.de are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

b) The language of the order is German.

c) followerpilot.de saves the order text and sends the customer the order data and the GTC by email. The customer can also view the GTC here at any time.