Welcome to Figaviyo, operated by Pilot Solutions e.U. i.G., an Austrian sole proprietorship (Einzelunternehmen). These Terms of Service ("Terms") govern your access to and use of our website at figaviyo.com and the Figaviyo Figma plugin (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you don't agree, please don't use the Service.

1. Account registration and security

Some features of the Service require an account. You must be at least 18 years old to create one. You agree to provide accurate and complete information when registering, and to keep that information up to date.

You are responsible for keeping your password confidential and for all activity under your account. If you suspect unauthorized use, contact us immediately at [email protected].

2. Subscriptions, billing, and payments

Figaviyo offers free and paid subscription plans. Plan details and pricing are available on figaviyo.com.

By choosing a paid plan, you agree to pay the listed fees. Payments are processed by Stripe; we do not store full card details on our servers.

Paid subscriptions renew automatically at the end of each billing cycle (monthly or annual) unless cancelled. You can manage or cancel your subscription at any time through your account settings. Cancellations take effect at the end of the current billing period.

All fees are exclusive of VAT and other applicable taxes. For EU customers, VAT will be added at checkout where applicable.

3. Refunds and EU consumer rights

Figaviyo offers a Free plan with which you can test the full functionality of the Service (both export modes, AI section detection, AI alt-text, image compression, and your Klaviyo connection) at no cost and with no credit card required. We expect you to use the Free plan to evaluate whether the Service fits your workflow before subscribing to a paid plan.

For this reason, we do not offer a discretionary money-back guarantee on paid subscriptions. Once a paid subscription has been activated and the corresponding billing period has begun, fees for that period are non-refundable except where required by applicable law.

You may cancel a paid subscription at any time through your account settings. Cancellations take effect at the end of your current billing period; you will continue to have access to the paid features until that date.

Your statutory rights as an EU consumer

If you are a consumer residing in the European Union, you have a statutory right of withdrawal of 14 days from the conclusion of the contract under EU Directive 2011/83/EU. However, because the Service is a digital service that you can begin using immediately upon subscribing:

• By starting to use the paid features of the Service before the 14-day withdrawal period expires, and by expressly consenting at checkout, you acknowledge that you lose your right of withdrawal once performance of the Service has begun
• If you have not yet used the paid features and the 14-day period has not expired, you may withdraw by emailing [email protected] with a clear statement of withdrawal

Nothing in these Terms limits the statutory consumer rights you have under the laws of your country of residence.

Exceptional refunds

We may, at our sole discretion, issue refunds in exceptional circumstances such as a material technical failure of the Service that prevents you from using it as described, or duplicate charges. Contact [email protected] to request review of an exceptional case.

4. User-generated content

The Service allows you to push email designs and related content (collectively, "User-Generated Content") to your Klaviyo account. You retain all ownership rights in your User-Generated Content.

By using the Service to process your designs, you grant us a limited, non-exclusive license to process and transmit that content for the sole purpose of delivering the Service to you. We do not use your designs for any other purpose, do not share them with third parties (other than the Klaviyo destination you specify), and do not use them to train AI models.

You are solely responsible for your User-Generated Content. You represent that you have all rights necessary to use the content with the Service and that it does not infringe third-party rights.

5. Intellectual property rights

The Service itself — including the website, plugin, source code, design, text, graphics, and trademarks — is the property of Pilot Solutions e.U. i.G. or its licensors. It is protected by copyright, trademark, and other applicable laws.

Your use of the Service grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your business purposes, subject to these Terms. You may not copy, modify, distribute, sell, lease, reverse-engineer, or attempt to extract the source code of the Service.

6. AI-generated content

Figaviyo includes AI-powered features such as section detection and alt-text generation. You acknowledge that AI output is produced by algorithms and may not always be perfect, complete, or free from errors or biases. Review and verify any AI-generated content before relying on it in published emails.

You are responsible for ensuring that your use of AI-generated content complies with all applicable laws and does not infringe third-party rights. Pilot Solutions e.U. i.G. does not claim ownership over the AI output you generate, but the underlying AI models and the Service technology remain the intellectual property of Pilot Solutions e.U. i.G. or its licensors.

7. Third-party services and analytics

The Service uses third-party providers to operate and improve, including:

• Stripe for payment processing
• Anthropic for AI features (section detection, alt-text)
• Google Analytics for website usage analytics
• Klaviyo as the destination platform when you push email designs

For details on what data is shared with whom, see our Privacy Policy.

8. Disclaimers

The Service is provided "as is" and "as available," without warranty of any kind. We disclaim all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not promise the Service will meet all your requirements, be available uninterrupted, or be error-free. We make no warranty regarding accuracy, timeliness, or reliability of any content obtained through the Service, including AI-generated content. You use the Service at your own risk.

9. Limitation of liability

To the maximum extent permitted by law, Pilot Solutions e.U. i.G. is not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or goodwill, arising from your use of the Service.

In no event shall our aggregate liability exceed the greater of one hundred Euros (€100) or the amount you paid us in the twelve months preceding the event giving rise to the claim. This limitation applies even if we have been advised of the possibility of damages, and notwithstanding the failure of any limited remedy.

10. Indemnification

You agree to indemnify and hold harmless Pilot Solutions e.U. i.G. from any claims, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Service, your User-Generated Content, your violation of these Terms, or your violation of third-party rights.

11. Termination

We may suspend or terminate your access to the Service at any time, including if you breach these Terms. You may also terminate your account through your account settings; if you have an active paid subscription, termination takes effect at the end of the current billing period.

Sections that by their nature should survive termination — including ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution — will survive termination.

12. Governing law and disputes

These Terms are governed by the laws of Austria, without regard to conflict of law principles. Any dispute will be settled by the competent courts of Austria.

If you are a consumer residing in the European Union, you may also have the right to bring proceedings in your country of residence under applicable consumer-protection law. We encourage you to contact us first at [email protected] to seek resolution before formal legal action.

13. Changes to terms

We may modify these Terms from time to time. The revised version will be posted at this URL and the "Last updated" date will be updated. Material changes will be communicated via email or a prominent notice on the Service. Continued use of the Service after changes constitutes acceptance of the revised Terms.

14. Contact

If you have questions about these Terms, contact us at:

Pilot Solutions e.U. i.G.
Birkengasse 20
3034 Maria Anzbach
Lower Austria, Austria

Email: [email protected]
Privacy: [email protected]

These Terms of Service were generated using FreeTOS as a starting point and customized for Figaviyo.