Terms of Service

Last updated: October 2025

These Terms govern your use of MarkerKit (“we”, “us”, “our”).
By creating an account, using the dashboard or APIs, or embedding MarkerKit widgets, you agree to these Terms.

1. Service

MarkerKit provides tools for creating interactive images, diagrams, and maps, available as a hosted SaaS platform and optional self-hosted deployments.
Features and plans may evolve over time.

Definitions (for billing and usage)

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

You must provide accurate information and maintain the confidentiality of your credentials and API keys.
You must be at least 18 years old or legally capable to enter into a binding contract.
You are responsible for all activity under your account.

3. Acceptable Use

You agree not to:

Use the Service for unlawful, fraudulent, or harmful activities.
Interfere with or attempt to disrupt 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, abuse, or security risks.

4. Pricing & Payments

Pricing and limits appear on the Pricing page. Metered usage includes loads, tile requests, Admin API writes, data-binding updates, and analytics events.
Usage is billed via Stripe; payments are non-refundable unless required by law.
Lifetime / One-time project license: The license applies to a single project (one client or end-use case). It includes a defined monthly allowance of widget loads and does not include an uptime SLA. If usage materially exceeds allowances, we may throttle, watermark, or require an upgrade.
Taxes, currency conversion fees, and chargebacks are your responsibility.
We may verify and adjust metered usage based on internal server logs; reconciliations may apply retroactively within a defined billing window.

5. Availability & Support

Enterprise plans include an explicit SLA and priority support.
All other plans are provided on a best-effort basis with no guaranteed uptime.
Outside an SLA, the Service is provided “as is” without warranties or credits for downtime.

6. Intellectual Property

Your content: You retain ownership of the images, diagrams, and data you upload.
Our IP: We retain ownership of the MarkerKit platform, software, APIs, and related materials.
License to operate: You grant MarkerKit a non-exclusive license to host, process, cache, and display your content as needed to provide the Service.

7. Data & Privacy

Our Privacy Policy explains how we collect, process, and protect data.
By using MarkerKit, you consent to that policy.
For Enterprise customers, Data Processing Agreements (DPAs) and SLAs are available on request.
Primary data residency is within the European Union.

8. Third-Party Services & Licenses

Some features rely on third-party services (e.g., map tiles, cloud providers, or analytics).
You are responsible for complying with applicable third-party license terms, attributions, or usage restrictions when embedding or exporting content using the Service.

9. API Terms

Keep your API keys confidential.
We may enforce rate limits or restrict access to maintain Service stability.
You must not scrape, reverse engineer, or misuse any API endpoint.
We may modify or deprecate API versions with reasonable notice.
Breaking changes will use versioned endpoints.

10. Usage Measurement & Disputes

Usage metrics are determined by MarkerKit’s servers and may be reprocessed to correct delayed or duplicate data.
If you believe there’s a metering error, contact billing@markerkit.com within 30 days; we will review logs and apply any warranted credit or adjustment.

11. Termination

You may stop using MarkerKit at any time.
We may suspend or terminate your account for violations, non-payment, or legal or security reasons.

Upon termination:

Access to the Service ceases immediately.
Embedded widgets may stop functioning or display a watermark.
We may delete your data after a reasonable retention period unless required by law. You are responsible for exporting your data beforehand.

12. Warranties

Except as required by applicable law or a written Enterprise contract, the Service is provided “as is” and “as available.”
We disclaim all implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

13. Limitation of Liability

To the maximum extent permitted by law:

Neither party is liable for indirect, incidental, special, consequential, or punitive damages.
Our total liability under these Terms will not exceed the greater of €100 or the total amount you paid to MarkerKit in the 12 months preceding the claim.

These limitations apply even if we were advised of possible damages.

14. Indemnification

You agree to indemnify and hold MarkerKit, its affiliates, and personnel harmless from any claims, damages, or costs 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 integrations or exports.

15. Modifications to the Service or Terms

We may update the Service and these Terms from time to time.
Material changes will be announced with reasonable notice (e.g., 30 days) via the dashboard or email.
Continued use after the effective date constitutes acceptance of the updated Terms.

16. Governing Law & Jurisdiction

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

17. Miscellaneous

Export controls & sanctions: You warrant that you are not prohibited from using the Service under applicable sanctions or export laws.
Severability: If any provision is unenforceable, the rest remains valid.
Assignment: You may not assign rights or obligations without our consent. We may assign these Terms as part of a merger, acquisition, or sale of assets.
Survival: Sections 6–17 survive termination.
Language: These Terms are provided in English, which prevails over any translations.

18. Contact

For legal or general inquiries: hello@markerkit.com
For billing or account matters: hello@markerkit.com

MarkerKit VCC
UIC 208561215
Registered in Sofia, Bulgaria