Terms of Service

PLEASE READ THESE TERMS CAREFULLY. BY CREATING AN ACCOUNT OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS.

These Terms constitute a legally binding agreement between you and Engineered Exposure LLP, a Connecticut limited liability partnership, governing your use of MediaPilot at getmediapilot.com and app.getmediapilot.com.

1. Eligibility

You must be at least 18 years of age to use the Service. By agreeing to these Terms, you represent and warrant that: (a) you are at least 18 years old; (b) you have the legal capacity to enter into a binding contract; (c) you are not prohibited from using the Service under applicable law; and (d) if using the Service on behalf of a business, you have authority to bind that entity.

2. Accounts

2.1 Registration

Provide accurate, current, and complete information. You agree to maintain and promptly update account information.

2.2 Account Security

You are responsible for maintaining the confidentiality of your credentials and all activity under your account. Notify us immediately at legal@getmediapilot.com if you suspect unauthorized access. We are not liable for loss resulting from unauthorized use of your credentials.

2.3 One Account Per User

Each user may maintain only one active account. Creating multiple accounts to circumvent restrictions or promotional limits is prohibited and may result in termination of all associated accounts.

2.4 Account Verification

We may require email verification before granting access to certain features.

3. The Service

3.1 Description

MediaPilot is a social media scheduling and AI-powered content creation platform enabling users to create, schedule, and publish content across Meta (Facebook and Instagram), TikTok, LinkedIn, YouTube, and other supported platforms.

3.2 AI-Generated Content

• (a) AI-generated content is produced programmatically and may contain errors or inaccuracies requiring editing before publication.
• (b) You are solely responsible for reviewing all AI-generated content before publishing.
• (c) We make no guarantees regarding the accuracy, originality, or fitness for purpose of AI-generated content.
• (d) You must ensure published content complies with applicable laws and the destination platform's terms of service.

3.3 Third-Party Platform Integration

• (a) Your use of connected platforms is governed by those platforms' own terms, which you are responsible for complying with.
• (b) We are not responsible for the availability, performance, or actions of third-party platforms, including content removal, account suspension, or API changes.
• (c) We do not guarantee uninterrupted integration with any platform.
• (d) You are solely responsible for any platform policy violations resulting from content published through MediaPilot.

3.4 Service Availability

We will use commercially reasonable efforts to maintain availability but do not guarantee uninterrupted or error-free operation. We are not liable for damages resulting from Service downtime.

4. User Content

4.1 Ownership

You retain full ownership of all content you create, upload, or publish through the Service.

4.2 License to Company

You grant Engineered Exposure LLP a limited, non-exclusive, worldwide, royalty-free license to access, store, process, and transmit your User Content solely as necessary to provide the Service. This license terminates upon account deletion, subject to retention periods in our Privacy Policy.

4.3 Your Representations

You represent and warrant that:

• (a) You own or have necessary rights to all User Content you submit.
• (b) Your User Content does not infringe any intellectual property, privacy, or other third-party rights.
• (c) Your User Content does not violate applicable law.
• (d) You have obtained all necessary consents from individuals depicted or identified.

4.4 Prohibited Content

You agree not to create, upload, schedule, or publish content that:

• (a) Is defamatory, obscene, pornographic, abusive, threatening, or harassing.
• (b) Infringes any intellectual property right.
• (c) Violates privacy rights of any individual.
• (d) Constitutes spam or deceptive advertising.
• (e) Contains malware or malicious code.
• (f) Promotes illegal activity, violence, discrimination, or hate speech.
• (g) Violates any connected platform's terms or community guidelines.
• (h) Impersonates any person or entity.

4.5 Content Monitoring

We do not proactively monitor User Content but reserve the right to review, remove, or disable access to content that violates these Terms or applicable law.

5. Acceptable Use

You agree not to:

• (a) Violate any applicable law or regulation.
• (b) Circumvent access restrictions, authentication mechanisms, or security measures.
• (c) Reverse engineer or attempt to derive the source code of the Service.
• (d) Access the Service through automated means without our express written consent.
• (e) Resell or sublicense the Service to third parties without authorization.
• (f) Introduce malicious code or interfere with Service integrity.
• (g) Overburden or disrupt our servers or networks.
• (h) Harvest personal information of other users without consent.
• (i) Engage in fraudulent, deceptive, or misleading conduct.

6. Billing and Payment

6.1 Subscription Plans

• Monthly Plan: $79.00/month plus applicable taxes.
• Annual Plan: $749.00/year plus applicable taxes (billed annually).
• Founding Member Rate: $39.50/month plus applicable taxes, locked in permanently for the first 25 subscribers (lifetime 50% discount that never expires).

All prices in U.S. dollars.

6.2 Billing

Subscriptions billed in advance on a recurring basis through Stripe. By subscribing, you authorize recurring charges to your payment method until cancellation.

6.3 Promotional Pricing

Promotional rates apply only for the stated duration. Upon expiration, subscriptions automatically convert to standard rates unless cancelled before the promotional period ends.

6.4 Coupon Codes

Single-use per account, subject to stated redemption limits, may not be combined with other offers unless stated. Abuse of coupon codes is a material breach of these Terms.

6.5 Cancellation

Cancel anytime through billing settings or by emailing legal@getmediapilot.com. Cancellation takes effect at end of current billing period. Access continues through the end of the paid period. No prorated refunds for partial billing periods unless required by applicable law.

6.6 Refunds

All subscription fees are non-refundable except where required by law or at our sole discretion in response to a documented billing error or material Service outage caused by the Company. Refund requests must be submitted within 14 days of the charge to legal@getmediapilot.com.

6.7 Failed Payments

If payment fails, we will retry per Stripe's standard schedule. We reserve the right to suspend your account until payment is resolved. We are not liable for data or access loss resulting from suspension due to non-payment.

6.8 Price Changes

We reserve the right to change pricing with at least 30 days' advance notice by email. Continued use after the effective date constitutes acceptance.

6.9 Taxes

You are responsible for all applicable taxes. Where required by law, we will collect and remit taxes, which will be added to your subscription charge.

7. Referral Program

7.1 Program Overview

MediaPilot offers a referral program that allows existing subscribers to earn subscription discounts by referring new users. Rewards are applied as Stripe subscription discounts (100% off coupons for a specified number of billing cycles) and are not redeemable for cash, transferable to other accounts, or convertible to credits.

7.2 Qualification

A referral is confirmed only when the referred individual creates a new account using your referral link and completes a paid subscription. Free trials that are cancelled before payment, failed payments, chargebacks, and refunded subscriptions do not qualify as confirmed referrals.

7.3 Reward Tiers

Rewards are applied automatically when the following thresholds are reached:

• 1 confirmed referral: 1 month free (100% off for 1 billing cycle).
• 3 confirmed referrals: 3 months free (100% off for 3 billing cycles).
• 5 confirmed referrals: 6 months free (100% off for 6 billing cycles).

Rewards are cumulative across tiers. One reward is applied per tier threshold reached.

7.4 Restrictions

• (a) One reward per referred account. Each referred account may only count toward one referrer.
• (b) Self-referral is prohibited. You may not use your own referral code to create additional accounts.
• (c) Duplicate, fraudulent, or incentivized accounts (including accounts created solely for the purpose of generating referral rewards) are prohibited and will not qualify.
• (d) Referral links may not be posted on coupon aggregator sites, spam channels, or promoted through paid advertising without prior written consent.

7.5 Modification and Termination

Engineered Exposure LLP reserves the right to modify, suspend, or terminate the referral program at any time without prior notice. Pending referrals that have not yet been confirmed at the time of program modification may not qualify for rewards under the new terms.

7.6 Abuse

Abuse of the referral program — including but not limited to creating fake accounts, coordinated referral fraud, automated signups, or incentivizing signups that violate these Terms — will result in immediate forfeiture of all pending and earned referral rewards and may result in termination of your account without refund.

8. Intellectual Property

8.1 Company IP

The Service, including its software, design, UI, graphics, text, and logos (excluding User Content), is the exclusive property of Engineered Exposure LLP or its licensors, protected by copyright, trademark, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without prior written consent.

8.2 Feedback

If you submit suggestions or feature requests, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and commercialize that Feedback without compensation to you.

8.3 Trademarks

"MediaPilot" and associated logos are trademarks of Engineered Exposure LLP. These Terms grant no right to use our trademarks without prior written permission.

9. Privacy

Your use of the Service is governed by our Privacy Policy, incorporated into these Terms by reference.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES. WE DO NOT WARRANT THAT AI-GENERATED CONTENT WILL BE ACCURATE, COMPLETE, ORIGINAL, OR SUITABLE FOR ANY PARTICULAR USE. WE DO NOT WARRANT, ENDORSE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCTS OR SERVICES.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENGINEERED EXPOSURE LLP AND ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES. OUR TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU IN THE THREE MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00). SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS — IN SUCH CASES OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. Indemnification

You agree to indemnify, defend, and hold harmless Engineered Exposure LLP and its members, managers, employees, agents, and service providers from any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of applicable law; or (e) your violation of any third party's rights.

13. Termination

13.1 By You

Cancel your subscription and delete your account via Settings or by emailing legal@getmediapilot.com.

13.2 By Us

We may suspend or terminate your account at any time with or without notice if we believe you have violated these Terms, your use poses a security or legal risk, you have failed to pay amounts owed, or we are required to do so by law.

13.3 Effect of Termination

Your right to access the Service ceases immediately. We may delete your account and User Content per our Privacy Policy. Sections 4, 8, 10, 11, 12, 14, and 15 survive termination.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the State of Connecticut, without regard to conflict of law provisions.

14.2 Informal Resolution

Before filing any formal claim, contact us at legal@getmediapilot.com and attempt informal resolution. We will attempt to resolve disputes within 30 days.

14.3 Binding Arbitration

Unresolved disputes shall be resolved through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (www.adr.org), conducted in Connecticut or by telephone/video at your election. Both parties waive the right to jury trial and class action participation.

14.4 Exceptions

Nothing prevents either party from seeking injunctive or equitable relief to prevent irreparable harm.

14.5 Time Limitation

Any claim must be brought within one (1) year of accrual or it is permanently barred.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any incorporated agreements, constitute the entire agreement between you and the Company regarding the Service.

15.2 Severability

If any provision is found invalid or unenforceable, remaining provisions continue in full force. The invalid provision will be modified to the minimum extent necessary to make it enforceable.

15.3 Waiver

Failure to enforce any right or provision is not a waiver. Any waiver must be in writing signed by an authorized representative.

15.4 Assignment

You may not assign your rights or obligations without our prior written consent. We may assign without restriction.

15.5 Force Majeure

We are not liable for delay or failure caused by circumstances beyond our reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, government action, or internet infrastructure failures.

15.6 Notices

Notices to us must be sent to legal@getmediapilot.com or by mail to Engineered Exposure LLP, 109 Bridge St, Unit #1119, Groton, CT 06340. We may provide notices via the email on your account or via prominent notice within the Service.

15.7 Updates to Terms

We reserve the right to modify these Terms at any time. Material changes communicated via email at least 14 days before taking effect. Continued use after the effective date constitutes acceptance. If you disagree, cancel before the effective date.

16. Copyright Policy & DMCA Takedown Procedures

16.1 DMCA Safe Harbor

MediaPilot complies with the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). We have registered a Designated Agent with the U.S. Copyright Office (Registration No. DMCA-1072937). We do not pre-screen user content but respond expeditiously to valid takedown notices of alleged copyright infringement.

16.2 Designated Agent for Copyright Notices

Jonathan DiPalma-Herb
Engineered Exposure LLP
109 Bridge St, Unit #1119
Groton, CT 06340
Phone: 401-388-0611
Email: dmca@getmediapilot.com

16.3 How to Submit a Takedown Notice

Valid notices under 17 U.S.C. § 512(c)(3) must include:

• (a) A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
• (b) Identification of the copyrighted work claimed to have been infringed.
• (c) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material (e.g., URL or description of where the content appears within the Service).
• (d) Contact information of the complaining party, including name, address, telephone number, and email address.
• (e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• (f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

Please note that knowingly materially misrepresenting that material is infringing may result in liability for damages under 17 U.S.C. § 512(f).

16.4 Our Response to Valid Notices

Upon receipt of a valid takedown notice, we will act expeditiously to remove or disable access to the allegedly infringing material. We will make a good faith effort to notify the user who uploaded the material that it has been removed or disabled.

16.5 Counter-Notice Procedure

If you believe your content was removed in error, you may submit a counter-notice to the Designated Agent above. A valid counter-notice must include:

• (a) Your physical or electronic signature.
• (b) Identification of the material that was removed and the location where it appeared before removal.
• (c) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
• (d) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if outside the United States, the District of Connecticut), and that you will accept service of process from the complainant.

We will forward valid counter-notices to the original complainant. If the complainant does not file a court action within 10–14 business days of receiving the counter-notice, we may restore the removed material at our discretion.

16.6 Repeat Infringer Policy

In accordance with 17 U.S.C. § 512(i), we maintain a policy to terminate, in appropriate circumstances, the accounts of users who are repeat infringers of copyright.

16.7 User Responsibility

Users represent and warrant that they own or have all necessary rights, licenses, and permissions to all content they upload, schedule, or publish through MediaPilot, and that such content does not infringe the intellectual property rights of any third party.

16.8 Contact

For copyright-related inquiries: dmca@getmediapilot.com
DMCA Registration No. DMCA-1072937

Contact

Engineered Exposure LLP
109 Bridge St, Unit #1119
Groton, CT 06340

Email: legal@getmediapilot.com
Website: getmediapilot.com