Terms of Service

Last updated: August 2025

These Terms govern your use of MarkerKit. By creating an account or embedding MarkerKit widgets, you agree to these Terms.

1. Service

MarkerKit provides tools to make images and maps interactive across hosted and self-hosted deployments. Features may evolve over time.

Definitions (billing-relevant)

Load: a successful response of a widget payload for an end-user page view.
Tile request: a single map tile served to a client.
Admin API write: a successful POST/PATCH/DELETE through the Admin REST API.
Data-binding update: a successful server-side execution that transforms project data before responding to a widget request.
Analytics event: an event accepted by MarkerKit’s ingestion endpoint.

2. Accounts

Provide accurate information and keep credentials/API keys secure.
You must be 18+ or otherwise legally capable to contract.

3. Acceptable Use

Do not:

Use the Service for unlawful, harmful, or fraudulent purposes.
Interfere with or abuse the Service or underlying infrastructure.
Embed widgets on sites that distribute malware, hate speech, or illegal content.

We may suspend or terminate accounts for violations or security risks.

4. Pricing & Payments

Pricing appears on the Pricing page; metered features include loads, tiles, admin-API writes, data-binding updates, and analytics events.
Subscriptions are billed via Stripe; payments are non-refundable unless required by law.
Lifetime / one-time project license: See the Pricing page for current pricing and terms. The license is locked to a single project (for one client or end-use product), soft-capped at certain number of loads/month, and includes no SLA. If usage materially exceeds caps, we may throttle, watermark, or require a plan change.
Taxes, currency conversion, and any bank/chargeback fees are your responsibility.
We may verify and adjust metered usage based on server logs; corrections can be applied to prior days within our reconciliation window.

5. Availability & Support

Enterprise plans include an explicit SLA. All other plans are provided on a best-effort basis with no uptime commitments; outside an SLA, the Service is provided as-is and we are not liable for outages, data loss, or interruptions.

6. Intellectual Property

Your content: you retain ownership of images, diagrams, and data you upload.
Our IP: we own the platform, software, and APIs.
License to operate: you grant us a non-exclusive license to host, process, cache, and display your content to provide the Service.

7. Data & Privacy

Our Privacy Policy explains how we collect and use data. By using MarkerKit, you consent to that policy. Data processing addenda (DPA) and SLAs are available for Enterprise.

8. Third-Party Services & Licenses

Some features rely on third-party content/services (e.g., map tiles). You are responsible for complying with applicable third-party licenses and attribution requirements (including any open-data/map attributions) when you use the Service or export/embed outputs.

9. API Terms

Keep your API keys secret; don’t share them publicly.
We may enforce rate limits and fair-use thresholds.
No scraping, reverse engineering, or abusive automation of endpoints.
We may change or deprecate APIs with reasonable notice; breaking changes will use versioned endpoints.

10. Usage Measurement & Disputes

Usage is measured by our servers and may be re-computed for recent days to correct late-arriving data. If you believe there’s a metering error, contact us within 30 days; we’ll review logs and apply any warranted credit or correction.

11. Termination

You may stop using MarkerKit at any time. We may suspend or terminate your account for violations, non-payment, security risk, or to comply with law. Upon termination:

Your right to access the Service ends immediately.
Embedded widgets may stop working or display a watermark.
We may delete your data after a reasonable retention period unless required by law to keep it. You are responsible for exporting what you need beforehand.

12. Warranty Disclaimer

Except where an Enterprise contract or applicable law requires otherwise, the Service is provided “as is” and “as available.” We disclaim warranties of merchantability, fitness for a particular purpose, and non-infringement to the maximum extent permitted by law.

13. Limitation of Liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages. Our aggregate liability arising out of or related to these Terms will not exceed the greater of €100 or the amounts you paid to MarkerKit in the 12 months preceding the claim.

14. Indemnification

You will indemnify and hold MarkerKit harmless from claims arising from (a) your content, (b) your use of the Service in violation of law or these Terms, or (c) alleged infringement caused by your content or integrations.

15. Changes to the Service or Terms

We may update the Service and these Terms. For material changes, we’ll provide reasonable notice (e.g., 30 days) by posting an update date and/or notifying account owners. Continued use after the effective date constitutes acceptance.

16. Governing Law & Venue

These Terms are governed by the laws of Bulgaria and applicable EU law. Jurisdiction and venue lie with the competent courts in Sofia, Bulgaria, unless mandatory consumer protection rules specify otherwise.

17. Miscellaneous

Export controls & sanctions: you warrant you’re not barred from using the Service by applicable sanctions/export laws.
Severability: if a provision is unenforceable, the rest remains in effect.
Assignment: you may not assign your rights without our consent; we may assign as part of a merger, acquisition, or sale of assets.
Survival: Sections 6, 7, 10–17 survive termination.

Contact

Questions? Email hello@markerkit.com.