These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User”, “you”, or “your”) and PilotUP (“PilotUP”, “we”, “us”, or “our”) governing your access to and use of the PilotUP platform, including the website (pilotup.io), application (app.pilotup.io), APIs, integrations, and all related services (collectively, the “Platform”).
By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use the Platform.
1. Changes to These Terms
We reserve the right to modify or update these Terms at any time at our sole discretion. Any changes will be effective immediately upon posting.
Your continued use of the Platform following the posting of updated Terms constitutes your acceptance of those changes.
We recommend reviewing these Terms periodically.
2. Agreement and Scope of Services
PilotUP provides a software platform that enables users to deploy and manage AI-powered employees capable of executing business functions such as sales, marketing, operations, and support. The Platform is designed to assist with execution, automation, and decision support; however, it does not replace human judgment, oversight, or accountability. All services provided through the Platform, including AI-generated outputs, recommendations, communications, and actions, are made available solely as tools for your use and are subject to the limitations set forth in these Terms.
3. Eligibility and Authority
You represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into these Terms. If you are using the Platform on behalf of a company or other legal entity, you further represent and warrant that you have full authority to bind such entity to these Terms, and in such case, “you” shall refer to that entity.
4. Account Registration and Security
To access the Platform, you must create an account and provide accurate, complete, and current information. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account, whether authorized or not. You agree to immediately notify PilotUP of any unauthorized access, suspected breach, or misuse of your account. PilotUP shall not be liable for any loss or damage arising from your failure to safeguard your credentials or account access.
5. Nature of AI Employees and Execution Responsibility
The Platform enables the deployment of AI employees that operate based on your instructions, configurations, data inputs, and connected integrations. These AI employees are capable of generating content, initiating communications, and executing tasks autonomously within defined parameters. You acknowledge and agree that AI systems are inherently probabilistic and may produce inaccurate, incomplete, or inappropriate outputs, including but not limited to errors in judgment, misinterpretation of context, or unintended actions.
You remain solely and fully responsible for all outputs, communications, decisions, and actions taken by or through the Platform, including those performed autonomously by AI employees. PilotUP does not guarantee accuracy, reliability, or business outcomes, and shall not be liable for any consequences arising from the use of AI-generated outputs or actions. Your use of the Platform constitutes acceptance of these inherent limitations.
6. User Responsibilities and Compliance
You agree to use the Platform in full compliance with all applicable laws, regulations, and third-party platform requirements, including but not limited to data protection laws, anti-spam regulations (such as CAN-SPAM, GDPR, and CASL), and the terms of any integrated services such as email providers, CRM systems, or communication platforms. You are solely responsible for ensuring that all communications sent via AI employees comply with applicable laws and do not constitute spam, harassment, or deceptive practices.
You further agree to actively monitor and supervise AI employee activity, particularly during initial deployment, and to provide feedback and oversight sufficient to ensure acceptable performance and compliance.
7. Acceptable Use Restrictions
You agree not to use the Platform in any manner that is unlawful, fraudulent, abusive, or harmful. This includes, without limitation, using the Platform to send unsolicited bulk communications, engage in phishing or deceptive outreach, impersonate individuals or entities, violate intellectual property rights, collect or misuse personal data unlawfully, or interfere with the operation, integrity, or security of the Platform. You further agree not to attempt to reverse engineer, decompile, extract, or otherwise misuse the underlying technology, models, or infrastructure of the Platform.
PilotUP reserves the right to suspend or terminate access immediately upon detection of prohibited use.
8. Third-Party Integrations and Dependencies
The Platform relies on and integrates with third-party services and infrastructure providers, including but not limited to email systems, collaboration tools, cloud infrastructure, and AI model providers. You acknowledge that the availability, functionality, and performance of the Platform may depend on these third-party services, and that disruptions, outages, or changes by such providers may impact your use of the Platform.
PilotUP does not control and is not responsible for the performance, policies, or actions of third-party services. Your use of such services is governed by their respective terms.
9. Subscriptions, Billing, and Payments
Access to the Platform is provided on a subscription basis, which may include usage-based components tied to credits or system consumption. By subscribing, you agree to pay all applicable fees associated with your selected plan. Subscriptions automatically renew at the end of each billing cycle unless canceled prior to renewal.
All fees are billed in advance and are non-refundable except where explicitly stated. Failure to make timely payment may result in suspension or termination of your access to the Platform.
PilotUP reserves the right to modify pricing with reasonable prior notice, and such changes shall apply to subsequent billing cycles.
10. Credits, Usage, and Fair Use
Certain features of the Platform operate on a credit-based system, where AI actions and executions consume credits based on task complexity, volume, and system usage. Credits are non-refundable, non-transferable, and may expire in accordance with your subscription plan.
PilotUP reserves the right to define, adjust, and enforce usage limits, rate limits, and fair use policies to maintain system integrity and performance. Excessive or abusive usage may result in throttling, suspension, or additional charges.
11. Beta Services and Platform Changes
The Platform, or certain features within it, may be provided in beta, pre-release, or experimental form. You acknowledge that such features may be incomplete, unstable, or subject to change or removal at any time without notice. PilotUP makes no guarantees regarding the reliability, availability, or performance of beta features, and your use of such features is at your own risk.
12. Intellectual Property Rights
All rights, title, and interest in and to the Platform, including all software, systems, models, designs, and underlying technology, are and shall remain the exclusive property of PilotUP and its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Platform solely for your internal business purposes in accordance with these Terms.
You retain ownership of the data and content you provide to the Platform, as well as outputs generated specifically for you; however, you grant PilotUP the right to use such data in anonymized and aggregated form for the purpose of improving the Platform.
13. Data, Privacy, and Processing
Your use of the Platform is subject to our Privacy Policy. You acknowledge that the Platform processes data necessary to deliver its functionality and may utilize anonymized or aggregated data for service improvement. You are responsible for ensuring that any data you provide or process through the Platform complies with applicable laws and does not violate third-party rights.
14. Disclaimers
THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PILOTUP DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT AI OUTPUTS WILL BE ACCURATE OR RELIABLE.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PILOTUP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM.
IN NO EVENT SHALL PILOTUP’S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE PLATFORM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
16. Indemnification
You agree to defend, indemnify, and hold harmless PilotUP, its affiliates, and its team from and against any claims, damages, liabilities, losses, or expenses arising out of or related to your use of the Platform, your violation of these Terms, or any actions taken by your AI employees.
17. Termination
You may terminate your account at any time. PilotUP may suspend or terminate your access at any time, with or without notice, if you violate these Terms, fail to make payment, or pose a risk to the Platform or other users.
Upon termination, your access to the Platform will cease immediately. PilotUP may delete your data after a reasonable retention period and shall have no obligation to retain or recover such data.
18. Force Majeure
PilotUP shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, infrastructure failures, cyberattacks, or third-party service disruptions.
19. Assignment
PilotUP may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, or sale of assets. You may not assign or transfer your rights or obligations without prior written consent.
20. Feedback
Any feedback, suggestions, or ideas you provide regarding the Platform may be used by PilotUP without restriction or compensation, and you hereby grant us a perpetual, irrevocable, royalty-free license to use such feedback.
21. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Delaware for the resolution of any disputes arising out of or relating to these Terms.
22. Entire Agreement
These Terms constitute the entire agreement between you and PilotUP regarding the use of the Platform and supersede all prior or contemporaneous agreements, communications, and understandings.
23. Contact Information
For any questions, concerns, or disputes, please contact:
Email: team@pilotup.io
Address: PilotUP, United States