Terms of service & Right of withdrawal

Cancellation policy

Right of cancellation

Normally you have the right to cancel your order within fourteen days without providing any reason. The cancellation period is fourteen days from the date of purchase. Important: Since this is an electronic service that begins within a short time after payment is received and cannot be cancelled, the following applies: At the end of the ordering process, the Customer expressly agrees to the execution of the order before the expiry of the cancellation period. He acknowledges that the right of cancellation expires at the beginning of the execution of the order.

To exercise your right of cancellation, you must send us (followerpilot.de, kontakt@followerpilot.de) a clear statement via e-mail with your decision to cancel your order. To comply with the cancellation period, it is sufficient if you send us the declaration before the expiry of the cancellation period and before the order is executed.

Consequences of the cancellation

In case of cancellation of your order, we have to refund the payment made by you including the delivery costs immediately and at the latest within fourteen days after receipt of your cancellation. For the repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you. In no case will you be charged for this repayment.

If the service has already been started at your request during the cancellation period and has been performed in whole or in part, we will retain an appropriate amount corresponding to the proportion of the service provided up to the receipt of your cancellation compared to the total scope of the service provided for in the order.

General Terms and Conditions

Preamble

followerpilot.de specializes in helping companies and individuals with their social media presences. The aim is to increase the popularity of these presences, focusing on the popular social media platforms. There is explicitly no affiliation or other type of business relationship with the social networks.

followerpilot.de usually acts as an intermediary service provider. This makes it possible to offer a wide range of services. With the mediated services followerpilot.de provides, it is possible, for example, to achieve a one-time, rapid, but also continuous increase in users of the social media presences. Since followerpilot.de is only active as an intermediary in these services and third parties are commissioned with the task of increasing the number of users, followerpilot.de can never guarantee the target of user growth envisaged by the Buyer’s order. In almost every case, however, this will be achieved and usually exceeded. If, contrary to expectations, the target is not fully achieved, followerpilot.de will refund the payment (pro rata if appropriate). A refund in the amount of the percentage deviation will not be allowed if the target has already been reached and a percentage part has only been lost afterwards.

1. Scope, term 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 will not be recognized unless followerpilot.de expressly agrees to their validity in writing (including by e-mail).

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

2. Scope of services

a) Unless otherwise agreed, followerpilot.de provides services for the social media channels of the companies YouTube, Facebook, Instagram, Twitter, Soundcloud, Spotify and Vimeo (hereinafter “Platform Operators”).

b) The subject matter of followerpilot.de’s services is, on the one hand, the procurement 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 the work of followerpilot.de is the increase of the social media users of the respective social media presence. In the following, these are only collectively referred to as “Fans”, although subscribers, followers, likes, friends, shares, impressions, saves, comments, video views, views, song views, tweets, retweets, event acceptances and invitations are also meant. Through the services of followerpilot.de a one-time and quick increase of Fans is possible, as well as a longer continuous increase of Fan numbers.

d) As a general rule, proof of delivery can only be provided by the counter reading, which is recorded by screenshots. A natural increase or purchased measures via third parties can explicitly 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) It is possible that during and after the referral process there may be a decrease in the number of Fans. Followerpilot.de compensates for the aforementioned with an additional delivery of 10-20% 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 in the number of Fans ordered, followerpilot.de will make good the shortfall within the statutory periods, unless the product description expressly states that there will be no compensation.

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

g) If the Customer provides followerpilot.de with content (graphics, text, images, videos, links) for the social media presence, this does not result in any fee claim on the part of the Customer against followerpilot.de.

3. Conditions for the provision of services

a) For the successful performance of the service, the Customer must provide the correct URL and set up the settings of the Social Media Channel in such a way that the referral of Users is possible without any problems. This includes, among other things, the public activation of posts, invitations, groups, photos, comments and, if necessary, changes to country and age restrictions, category, etc.

b) If followerpilot.de is provided with 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 noted on the respective product page as well as in the order field. Excluded from this are times of acute delivery problems. The terms and conditions stated on the respective product page apply. Deviations can only be considered after prior consultation and, if necessary, inspection.

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

d) Especially 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 completion 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. Otherwise, it may lead to problems with the AdSense or other advertising account, for which followerpilot.de expressly assumes no responsibility.

4. Order process and conclusion

a) The presentation of products in the followerpilot.de online store does not constitute a legally binding offer, but an invitation to place an order. In the case of offers, the provisions of the product descriptions in the online store or on the invoice provided via e-mail apply. The URLs of the products may differ and are not legally binding. In all other respects errors remain reserved.

b) The Customer can select services from the followerpilot.de range and click on 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 by paying with one of the suggested payment methods, a binding application to purchase the goods in the shopping cart can be concluded.

c) When placing an order, the Customer must provide his complete data for correct processing. Of course, the transmitted data will be treated strictly confidential.

d) After sending the order, the Customer receives an automatic confirmation of receipt by e-mail, which lists the Customer’s order again and can be printed via 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 application. Also, any transmission of the account details by e-mail for the purpose of payment in advance does not constitute a declaration of acceptance on the part of followerpilot.de. The Customer’s order will only become valid with followerpilot.de upon confirmation of receipt of the money. This confirmation as order acceptance will be communicated to the Customer by e-mail. The processing time stated in the selection box applies from the start of the service. In the vast majority of cases, the start takes place within 24 hours, but in individual cases it can take up to five working days.

e) The following restrictions apply to purchase on account: We offer purchase on account only for corporate Customers located in Germany. The company must have a website with an imprint whose data is the same as the data provided in the order. In addition, the Customer must enter his VAT ID in the appropriate field during the order process. followerpilot.de reserves the right to refuse delivery on account if there are any residual doubts. Orders with a sales value of more than 100,00 € (incl. VAT) will only be started proportionally and will only be completed after payment has been received. If the conditions are not met, followerpilot.de will refuse to carry out the order until payment is received.

f) followerpilot.de will respond 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 provide the order number in order to avoid any delays in the processing of the inquiry. followerpilot.de reserves the right not to respond to inquiries via Facebook. Communication is usually carried out by e-mail by followerpilot.de. The support of the Customer must be in proportion 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 increase of Fans, are a mediated service and do not constitute a sale of Fans.

b) It is in the nature of things that followerpilot.de cannot guarantee the Customer a specific number of Fans. followerpilot.de will, however, always endeavor to meet the Customer’s targets and is prepared to give a corresponding assurance:

The achievement of a concrete number of Fans is agreed as the subject of the contract. If followerpilot.de does not reach this target, the Customer will receive a discount in the amount of the percentage deviation. A discount in the amount of the percentage deviation will not be allowed if the target has already been reached and a percentage part has only been lost afterwards.

c) A shortfall in the delivery period as well as an excess delivery are not grounds for defects. However, if the delivery period is exceeded and the agreed target has not yet been reached, the Customer is entitled to a partial refund.

d) The Customer is aware that his wish to cancel may not be fulfilled. If the delivery on the part of followerpilot.de has already started.

e) Although followerpilot.de guarantees the complete delivery of the ordered number of Fans (reach). However, a loss of this is not avoidable for natural reasons. Thus, it may be that Instagram (or another social network) deletes inactive users through an update. When and if these “deletions” occur and whether they affect the Fan count (reach) purchased from followerpilot.de cannot be predicted in any respect. Nevertheless, if this matter should occur, followerpilot.de cannot carry out any replacement, let alone refund the order.

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 contract between followerpilot.de and the Customer is a contract without a fixed term, then both contracting parties have the option of terminating the contractual relationship with 5 days’ notice to the end of the month, by e-mail or letter.

7. Remuneration, Invoicing

a) The remuneration and the prices shown are inclusive of the respective statutory value added tax.

b) In the case of ongoing contracts, invoicing will be carried out by followerpilot.de. Invoices are due for payment within one week. In deviation from this, the first invoice will be treated as being due for payment in advance.

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

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

8. Acceptance

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

b) During the completion phase followerpilot.de is entitled to present 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 is the evidence provided by followerpilot.de (e.g. screenshots of the counter reading in relation to the requested Service prepared by followerpilot.de). If the counter reading cannot be viewed directly, the proof is provided via corresponding websites / analysis tools. It should be noted that Likes, comments, etc. added during the execution time of the service are not necessarily attributable to the latter. Especially after the completion of campaigns, complaints regarding the service provided cannot be considered if followerpilot.de’s evidence shows that the service was provided. If the performance of the service cannot be completed due to force majeure, no reimbursement will be made insofar as delivery has already been made prior to the occurrence of the delivery difficulty.

d) Services that have already been carried out cannot be cancelled or removed by followerpilot.de.

e) In the case of niche services that cannot be carried out, 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 legal relationships on the one hand between the Customer and the Fans and on the other hand between the Customer and the Platform Providers. Furthermore, followerpilot.de accepts no liability for consequences arising from the legal relationship between the Platform Providers and the Customer.

b) The social media appearances created by the Customer himself must be legally admissible; followerpilot.de does not carry out a legal examination or assume liability. However, followerpilot.de reserves the right to refuse to advertise certain content. This includes

Illegal content
Racism, fascism, extreme speciesism
Any NSFW and 18+ content
Contests, voting, sweepstakes
Gambling, betting
Trading/securities trading, cryptocurrencies or similar.
MLM/network marketing
Pharmaceutical and defense industry
Partly Video games
Violent or repulsive content
Political content
Upon consultation: religious content

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

c) followerpilot.de assumes no liability 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 make a claim against followerpilot.de due to possible legal infringements resulting from content of the social media appearances, the Customer undertakes to indemnify followerpilot.de from any liability and to reimburse followerpilot.de for any costs incurred by followerpilot.de due to the possible legal infringement.

10. Liability of followerpilot.de, Warranty

a) The following exclusions and limitations of liability apply to followerpilot.de’s liability for damages, without prejudice to the other legal requirements for claims.

b) followerpilot.de is liable without limitation insofar as the cause of 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 fulfillment of which makes the proper execution of the order possible in the first place and on the compliance with which you regularly rely. In this case, however, followerpilot.de will only be liable for the foreseeable damage typical of the order. followerpilot.de will not be liable for the slightly negligent breach of obligations other than those referred to in the above sentences.

d) The above limitations of liability do 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. The liability according to the product liability law 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, which he expressly accepts by purchasing the service.

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

g) The warranty is governed by the statutory provisions.

11. Legal responsibility for followerpilot.de’s services, indemnification

a) The Customer is solely responsible for using the services of followerpilot.de in accordance with all applicable legal provisions. For this purpose, the Customer will check on his own responsibility whether and in which way he is entitled 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 followerpilot.de’s services 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 duty of inspection in this respect in relation to the Customer.

d) The Customer indemnifies followerpilot.de against all claims by third parties that may be asserted against followerpilot.de in connection with the provision of followerpilot.de’s Services to the Customer. This also includes the costs of reasonable legal costs.

e) Should third parties assert claims against the Customer or followerpilot.de in connection with followerpilot.de’s provision of services, followerpilot.de is entitled to immediately cease its services to the Customer and terminate the contractual relationship.

12. Cancellation policy

12.1 Right of Cancellation

To exercise your right of cancellation, you must send us (followerpilot.de, kontakt@followerpilot.de) a clear statement by e-mail with your decision to cancell your order. You can use the attached sample cancellation form for this purpose; however, this is not mandatory.

To comply with the cancellation period, it is sufficient if you send us the declaration before the expiry of the cancellation period and before the order is executed.

12.2 Consequences of the cancellation

12.3. Section on dispute resolution

EU conciliation platform for online stores – online dispute resolution in accordance with Article 14 (1) ODR Regulation: The European Commission provides a platform for online dispute resolution (OS), which can be found 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 cancellation. After the start of the execution this expires – this must be confirmed separately in the ordering process, otherwise an order is not possible. However, if there are delivery problems during the mediation, followerpilot.de is ready for a reasonable partial refund. Even in the event of dissatisfaction, followerpilot.de is always interested in finding a solution that is satisfactory for all parties involved. It should be noted that cancellation is not possible for 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 of data

a) All information received by followerpilot.de as part of the 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 contract and has been agreed in advance.

b) In return, the Customer undertakes to treat as strictly confidential all information concerning followerpilot.de to which he gains access during the course of the collaboration – unless the disclosure of such information to third parties is agreed in advance. This contract also applies beyond the duration of the cooperation.

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

13.2 Discretion

followerpilot.de will never advertise with the social media appearances of existing Customers. Also, the Buyer’s data will only be disclosed to third parties to the extent absolutely necessary for the provision of services.

14. Final provisions, written form, order language

a) The laws of the Federal Republic of Germany apply to orders placed by the Customer with followerpilot.de, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

b) The language of the order is German.

c) followerpilot.de saves the text of the order and sends the Customer the order data and the TOS by e-mail. The TOS can also be viewed by the Customer here at any time.

Version: December 2018