Terms of Service
Pinglide · Version 1.3 · Effective 5 November 2026
These Terms are a contract between Marius Zakarauskas ("we", "us", "our") and the business that uses Pinglide ("you"). They apply together with our Data Processing Agreement, Refund Policy, Privacy Policy and Cookie Policy.
Key terms — read these first
These are the terms most likely to matter to you. They are set out here so that nothing important is buried in the detail below. Each one points to the full clause.
- For businesses only. Pinglide is sold to businesses, for business use. By continuing you confirm you are acting for a business and can bind it. It is not offered to consumers. (§3)
- No guarantee of availability. The Service is provided "as is" and "as available", with no uptime commitment and no service credits. (§4, §17)
- Our liability is capped at the fees you paid us in the 12 months before the event, or EUR 50 if that is more. We are never liable for lost profits, lost revenue, lost data or other indirect loss. None of this applies where the law does not allow it, including damage caused intentionally or through gross negligence. (§18)
- Subscriptions renew automatically, and fees are not refunded — not for unused time, the rest of an annual plan, a renewal you forgot to cancel, or a downgrade — except in the cases listed in our Refund Policy. Contact us before disputing a charge with your bank: an unfounded chargeback can suspend your Account, and you repay what it costs us. (§6)
- We can suspend or end your access immediately if you break these Terms, do not pay, or put the Service or other people at risk — and on 30 days' notice for any other reason. (§12)
- You are responsible for your content and for your visitors' data. If you turn on visitor measurement, you are the controller of that data: telling your visitors, and getting any consent the law requires, is your job. (§7, §8)
- Locations can be wrong, and checking them is your job. Addresses are placed on the map automatically, and routes, distances and the map itself are estimates. You must check every location before you publish — and, if a map syncs with a Google Sheet, after every change to the sheet, because a sync publishes without a review step. We are not liable for where a pin is shown, or for anyone who relies on it, and you cover us against claims from your visitors about it. (§10, §19)
- When your account ends, you have 30 days to take your data out. After that it is deleted, and your published maps stop working. (§13)
- We may name you as a customer and show your logo, until you ask us not to. (§15)
- We can change these Terms. A change that works against you is announced 30 days ahead, and you may leave before it applies. (§21)
- Lithuanian law applies, and disputes go to the courts of Klaipėda. (§23)
1. Who we are
The Service is provided by Marius Zakarauskas, trading as Pinglide, a natural person carrying out individual activity (individuali veikla) registered with the State Tax Inspectorate under the Ministry of Finance of the Republic of Lithuania (Valstybinė mokesčių inspekcija) under individual activity certificate No. 1554078, VAT payer code LT100020950510, address Debreceno g. 8-10, Klaipėda, Lithuania.
- Email: support@pinglide.com
- Website: https://pinglide.com
Supervisory authorities: the State Data Protection Inspectorate of the Republic of Lithuania (Valstybinė duomenų apsaugos inspekcija) for personal data, and the Communications Regulatory Authority of the Republic of Lithuania (Ryšių reguliavimo tarnyba), Lithuania's Digital Services Coordinator, for the Digital Services Act.
2. Definitions
- Service — the Pinglide website, dashboard, embed script, published maps, and everything else we provide under these Terms.
- Account — your registration for the Service.
- Agreement — these Terms, the Data Processing Agreement ("DPA"), the Refund Policy, and the Plan you are on.
- Customer Content — everything you, or anyone using your Account, puts into the Service: locations and their details, addresses, descriptions, photos, logos, tags, pin icons, shapes, routes, card designs, map designs and settings.
- Published Map — a map you have published. It is served as a static file (a "Snapshot") and shown on websites through the embed snippet.
- Visitor — a person who views or uses a Published Map, wherever it is shown.
- Visitor Measurement Data — the data about Visitors that the Service collects when you turn on "Measure how visitors use this map", as described in DPA Annex I.
- Plan — the free or paid package you are on, and its limits.
- Merchant of Record — Link, LLC (formerly Lemon Squeezy LLC), trading as Lemon Squeezy, which sells paid Plans to you on our behalf.
- "Including" means including without limitation.
3. Acceptance, and who may use the Service
3.1 Acceptance. You accept these Terms by pressing a button that says doing so means you agree to them — including "Create account", "Log in", "Sign in with Google" and "Sign in with GitHub" on our sign-up and log-in pages — or by using the Service. These Terms are available at https://pinglide.com/terms before you do.
3.2 Business use only. The Service is offered only to businesses, organisations, and people acting for the purposes of their trade, business, craft or profession. It is not offered to consumers. By accepting these Terms you confirm that you are acting for such purposes. If you accept them on behalf of an organisation, you confirm that you are authorised to bind it, and "you" means that organisation.
3.3 Age. You must be at least 18 years old.
3.4 Refusal. We may refuse any registration. We may ask for information confirming who you are and that you are acting for a business, and suspend the Account until we receive it.
4. The Service
4.1 What we provide. We provide the Service as described on our website at the time you use it, within the limits of your Plan.
4.2 Changes to the Service. The Service will change over time. We may add, change or remove features, limits, map styles, integrations and third-party providers where there is a valid reason, including: to comply with law or with a request from an authority; to protect security or stability; because a third-party provider changed or withdrew what it offers; to prevent abuse; because a feature is little used or no longer economically viable; or to develop the product. If a change materially reduces a feature of a paid Plan you are on, we will tell you at least 30 days before it takes effect, and you may end your subscription before then and receive a pro-rata refund of the fees paid for the period after the change.
4.3 Free Plan and previews. The Free Plan, and any feature marked beta, preview or early access, are provided without any commitment. We may change their limits or withdraw them at any time, except that we will give 30 days' notice before withdrawing the Free Plan.
4.4 No service levels. We do not commit to any level of availability, performance or support response time, and no service credits apply. We may interrupt the Service for maintenance, with notice where we reasonably can.
4.5 Unlimited views. Where a Plan includes unlimited map views, it means we do not charge per view. It is not a promise to serve traffic that is automated or abusive or that harms the Service, and we may block or limit such traffic.
4.6 No navigation. Published Maps show locations, shapes and routes. They do not provide turn-by-turn navigation. Directions open a third-party maps application, whose own terms apply.
4.7 Plugins and integrations. We may offer plugins and integrations that place Published Maps on other platforms — for example the Pinglide plugin for WordPress. They are free, provided "as is", and distributed under their own licence (for the WordPress plugin, the GNU General Public License); §17 and §18 apply to them in full. You install and run them on your own website at your own risk. Keep a backup of your website before installing or updating one. We are not responsible for conflicts with your website, its theme, its other plugins or its hosting, or for any loss of data or downtime on your website.
5. Your Account
5.1 Keep your login details confidential. You are responsible for everything done through your Account, whether or not you authorised it, until you tell us it has been compromised.
5.2 Keep your Account information accurate and up to date — in particular your email address, which is where we send notices (§24.4).
5.3 Tell us straight away at support@pinglide.com if you suspect unauthorised access.
6. Plans, fees and billing
6.1 Merchant of Record. Paid Plans are sold to you by the Merchant of Record, which handles payment, invoicing and sales taxes. Its terms for buyers (https://www.lemonsqueezy.com/buyer-terms) also apply to your purchase. We are not responsible for how it processes payments.
6.2 Fees. You pay the fees for your Plan in advance for each billing period (monthly or yearly), as shown at checkout. Fees exclude taxes, which are added where applicable and are your responsibility.
6.3 Automatic renewal. Subscriptions renew automatically at the end of each billing period, for the same period and at the price then in force, until you cancel. Cancelling stops the next renewal; your Plan stays active until the end of the period already paid.
6.4 Price changes. We may change our prices. A new price applies to you from your first renewal that falls at least 30 days after we notify you of it. If you do not accept it, cancel before that renewal.
6.5 No refunds. Fees are earned on the first day of the period they cover and are non-refundable, including for part of a billing period, the remaining months of an annual Plan, renewals, upgrades, downgrades, discounted purchases, unused features, allowances or limits, and periods in which you did not use the Service. The only exceptions are those listed in the Refund Policy: (a) where these Terms expressly provide a refund (§4.2, §12.3, §20.2, §21.3); (b) billing errors; (c) a failure of the paid features of your Plan through our fault lasting more than 7 consecutive days after you notify us; and (d) where mandatory law requires one. The Merchant of Record may also refund a payment under its own terms. We may give a refund or credit in any other case at our sole discretion; doing so once does not oblige us to do so again. The Refund Policy sets out how each of these works and how to ask.
6.6 Failed payment. If a payment fails and is not put right within 7 days after you are notified, we may move your Account to the Free Plan or suspend it. Where we invoice you directly, late payments bear statutory interest for late payment in commercial transactions under Lithuanian law (at the time of writing, the European Central Bank reference rate plus 8 percentage points), plus fixed compensation for recovery costs of EUR 40 per invoice, without prejudice to our right to recover further reasonable recovery costs.
6.7 Plan limits. Each Plan has limits — for example on the number of maps, locations per map, shapes per map, and visitor sessions measured per map per month — and we enforce them technically. If you exceed the limits of your Plan or move to a Plan with lower limits, you will not be able to add more until you are within them, and we may restrict publishing and other features for the content above them. When a map reaches its monthly measurement ceiling, measurement pauses until the next month; the map itself keeps working.
6.8 Free Plan branding. Maps on the Free Plan may display Pinglide branding or a badge. You must not hide, cover or remove it.
6.9 Chargebacks. If you believe a charge is wrong, contact us first and give us a reasonable chance to put it right before asking your bank or card issuer to reverse it. If you file a chargeback without contacting us first, or one that is not justified under the Refund Policy, we may immediately suspend your Account or move it to the Free Plan until the matter is resolved, and you must pay us our actual loss — the dispute fee charged to us, any amount reversed for a period in which the Service was provided to you, and reasonable costs of recovering them. This does not apply to a chargeback that succeeds because of a billing error we did not correct within 14 days after you told us about it.
6.10 Plans bought through our Shopify app. If you use Pinglide through our app in the Shopify App Store, Shopify bills your Plan instead of the Merchant of Record: you choose, change and cancel it in your Shopify admin, its price is shown there in US dollars, and the charge appears on your Shopify bill under Shopify's terms. §6.1 does not apply to those Plans. The rest of this §6 does, except that Shopify's billing decides when a change of Plan takes effect and what happens when a payment to Shopify fails.
7. Your content
7.1 Ownership. You keep all rights in Customer Content. We claim no ownership of it.
7.2 Licence to us. You grant us a worldwide, non-exclusive, royalty-free licence, which we may sub-license to our sub-processors and service providers, to host, store, copy, reformat, geocode, calculate routes for, transmit, publish, display and back up Customer Content, as needed to provide, secure and improve the Service. The licence lasts for as long as Customer Content is in the Service, and afterwards for as long as copies remain in backups and caches under §7.5 and §13.
7.3 Your responsibility. You are solely responsible for Customer Content, and for having every right, licence and consent needed for us to use it under these Terms. You confirm that it is accurate and lawful and does not infringe anyone's rights — and in particular that you have a lawful basis for publishing any information about an identifiable person, such as a named contact, a photo, or an address that is someone's home.
7.4 Published Maps are public. A Published Map is a static file that anyone can open, and anyone who can see it can copy what is in it. The domain allowlist stops other websites from casually embedding your map; it is an anti-abuse measure, not access control and not security. Do not publish anything you need to keep confidential.
7.5 Copies and caches. When you unpublish or delete a map, copies may remain for a time in browser caches, content-delivery-network caches and backups, and indefinitely wherever a third party has copied it. We are not responsible for copies outside our control.
7.6 Our access. We may access Customer Content to provide support you ask for, to keep the Service secure, to investigate a suspected breach of these Terms, and where the law requires.
7.7 Removal. We may remove, restrict or unpublish Customer Content that we reasonably believe is illegal or breaks these Terms, following §11.
7.8 Anonymous and aggregated data. We may create data about how the Service is used that does not identify you, your Visitors or any other person — for example, counts of maps, locations, imports and searches across all customers — and use it for any purpose, including improving the Service and publishing statistics. We own that data.
7.9 Keep your own copies. The Service is not an archive or a backup service. Keep your own copies of Customer Content.
7.10 We host, we do not check. We store and publish Customer Content at your request. We do not review, verify or correct it — including the position, address, opening hours or contact details of any location — and we have no general obligation to monitor it or to look for facts indicating that it is inaccurate or illegal. Anything we do to act on content under §11 does not make us responsible for checking the rest.
8. Visitor measurement
8.1 Visitor measurement is off unless you turn it on for a map. Turning it on takes effect on your next publish; turning it off stops collection.
8.2 When it is on, you are the controller of Visitor Measurement Data, and we process it on your behalf as your processor under the DPA, which forms part of these Terms.
8.3 You alone are responsible for telling your Visitors about it (for example in your own privacy notice), for having a legal basis for it, and for obtaining any consent the law requires. That includes consent under the national rules implementing Article 5(3) of the ePrivacy Directive (2002/58/EC), which the European Data Protection Board considers can apply to scripts that cause a device to send information even where no cookie is used. If you are not sure whether consent is needed, obtain it, or leave measurement off.
8.4 What is collected, and how long it is kept, is set out in DPA Annex I.
9. Acceptable use
You must not, and must not allow anyone else to:
- (a) upload, publish or link to anything illegal, or anything that infringes anyone's rights, including intellectual property, privacy and data protection rights;
- (b) put into the Service special categories of personal data (such as health, religion or sexual orientation), data about criminal offences, data about children, or the home address of a private individual without that person's consent;
- (c) use the Service for anything misleading, fraudulent, defamatory, hateful or harassing, or that incites violence;
- (d) upload malware or anything designed to damage or disrupt systems;
- (e) probe, scan or test the vulnerability of the Service, or get around its security, authentication, domain allowlist or Plan limits, without our prior written permission;
- (f) copy, modify, decompile, reverse engineer or create derivative works of the Service or the embed script, except to the extent the law expressly permits it despite this restriction;
- (g) scrape, crawl or extract data from the Service or from other customers' Published Maps by automated means, or overload the Service — including through bulk or repeated imports designed to exhaust geocoding or routing;
- (h) resell, sub-license, rent or provide the Service to third parties, except by publishing maps on websites that you or your clients control;
- (i) remove, hide or alter the OpenStreetMap, map tile or other attribution shown on a map, or the Free Plan branding;
- (j) use the Service to build, or to benchmark for, a competing product;
- (k) rely on the Service where its failure or inaccuracy could lead to death, injury, or serious damage to property or the environment — for example for emergency services or safety-critical navigation;
- (l) use the Service in breach of export controls or sanctions.
10. Third-party services and open data
10.1 The Service depends on third parties, including OpenStreetMap data (© OpenStreetMap contributors, available under the Open Database Licence), map tiles served by OpenFreeMap or another tile provider, geocoding and routing providers, Google or GitHub (if you sign in with one of them), the Merchant of Record, and the maps applications a Visitor opens for directions.
10.2 Their own terms apply to your use of them. We do not control them, and we are not responsible for them, for their availability, or for changes they make. We may replace any of them.
10.3 Everything on the map is an estimate. Geocoding places addresses on the map automatically, and it can be wrong — sometimes by a street, sometimes by a town. Confidence labels shown for a result are indications, not guarantees. Route lines, distances and travel times, the distances shown by "find nearest", and the basemap itself are estimates too. The basemap comes from OpenStreetMap, a map made by volunteers, which may be incomplete, out of date or wrong; the borders, names and labels it shows do not express any view of ours. We give no promise that any position, address, route, distance, travel time or map detail is accurate, complete or current.
10.4 A saved position is yours. Once a location's position is saved, it is Customer Content (§7) — however it was placed: by you on the map, by an import, by the geocoder, or by a sync. You must check every location before you publish it; the import review step exists to help you do so. By publishing a map you confirm that you have checked what it shows.
10.5 Automatic sync from a Google Sheet. If you link a map to a Google Sheet and keep it in sync, you instruct us to read the sheet (which you make readable by sharing it by link or publishing it), geocode its addresses and publish the result on a schedule and whenever you press Sync now — without a review step. We write only the matches the geocoder reports as confident, and list the rest for you to fix in the sheet, but a confident match can still be wrong. You accept that risk, and you are responsible for checking the map after every change to the sheet. You can switch automatic sync off at any time.
10.6 Not for navigation or safety. Published Maps help people find your locations. They must not be relied on for navigation, for emergencies, or wherever an inaccurate position could put anyone's health, safety or property at risk (§9(k)). Directions are given by a third-party maps application (§4.6). You are responsible for anything you tell your Visitors about the accuracy of your map — for example, advising them to confirm an address or opening hours before they travel.
10.7 No liability for inaccurate information. Subject to §18.1, we are not liable for any loss or damage arising from a location, address, route, distance, travel time, opening hours, contact details or other information shown in the Service or on a Published Map being inaccurate, incomplete or out of date — whatever placed it there — including a Visitor going to the wrong place, a missed delivery, appointment or visit, a lost sale, and any claim made against you by a Visitor or other third party. Claims made against us by them are covered by your indemnity in §19.
10.8 Open data. Some data in, or produced by, the Service — such as coordinates and route geometry — may be derived from OpenStreetMap. If you extract it and reuse it outside the Service, you are responsible for complying with the Open Database Licence, including its attribution and share-alike terms.
11. Illegal content and our decisions about it
11.1 Reporting illegal content. Anyone may tell us about content in the Service they consider illegal by emailing legal@pinglide.com. So that we can act on it, a notice should include: (a) an explanation of why the content is illegal; (b) exactly where it is — the address of the web page showing the map, and the name of the location or shape concerned; (c) the name and email address of the person sending the notice (not needed for reports of child sexual abuse material); and (d) a statement that the sender believes in good faith that the notice is accurate and complete.
11.2 How we handle notices. We confirm receipt of a notice, review it in a timely, diligent, non-arbitrary and objective manner, and tell the sender what we decided and how to challenge it. We do not use automated systems to decide about content; those decisions are made by people. (The only automated filtering in the Service applies to automated Visitor traffic, not to content.)
11.3 Restrictions and reasons. If we remove or restrict Customer Content, unpublish a map, or suspend or close an Account because we consider the content illegal or contrary to these Terms, we tell you, no later than when the restriction starts: what we restricted and for how long; the facts and circumstances we relied on; whether automated means were used; the law or term concerned; and how you can challenge the decision. We apply restrictions diligently, objectively and proportionately, with due regard to the rights and legitimate interests of everyone involved.
11.4 Challenging a decision. You may challenge any decision under this section by replying to it, or writing to legal@pinglide.com, within 6 months. We review it and tell you the outcome. You may also go to court.
11.5 Criminal offences. If we become aware of information giving rise to a suspicion that a criminal offence involving a threat to someone's life or safety has taken place, is taking place or is likely to take place, we inform the competent authorities.
11.6 Points of contact. legal@pinglide.com is our single point of contact for the authorities of EU Member States, the European Commission and the European Board for Digital Services (Article 11 of the Digital Services Act), and for users of the Service (Article 12). We communicate in English and Lithuanian.
12. Suspension and termination
12.1 By you. You may cancel your subscription at any time in your Account or through the Merchant of Record. Your paid Plan stays active until the end of the period already paid, and no refund is due (§6.5). You may close your Account at any time in Settings → Account → Delete account, or by writing to support@pinglide.com. Deleting your Account in Settings deletes your data straight away, and your Published Maps stop working.
12.2 Suspension by us. We may suspend all or part of the Service for you — including unpublishing your maps — immediately and without liability if: (a) you break these Terms, or we reasonably suspect that you have; (b) payment fails as described in §6.6, or a payment is reversed by a chargeback (§6.9); (c) it is necessary to protect the Service, other customers, Visitors or third parties from harm, including security threats and abuse; (d) the law, a court or an authority requires it; or (e) your use of the Service exposes us to legal liability. Where it is proportionate we suspend rather than terminate, and we restore the Service once the reason for the suspension has gone.
12.3 Termination by us for convenience. We may end the Agreement for any reason by giving you at least 30 days' notice. We then refund the fees you have paid for any period after the termination date.
12.4 Termination by us for cause. We may end the Agreement immediately by notice if: (a) you commit a material or repeated breach of these Terms, or any breach of §9; (b) you do not remedy a breach within 14 days after we ask you to; (c) you have not paid after your Account was suspended under §6.6; (d) you become insolvent, enter liquidation or bankruptcy proceedings, or stop carrying on business; or (e) the law or an authority requires it. No refund is due.
12.5 Reasons. Whenever we suspend or terminate because of content or conduct, we give reasons as set out in §11.3.
12.6 Inactive Free accounts. We may close a Free Plan Account that nobody has logged in to for 12 months, after giving 30 days' notice.
12.7 What happens at the end. When the Agreement ends: your right to use the Service ends; §13 applies to your data; Published Maps stop working once their Snapshots are deleted; any amounts you owe become due immediately; and every provision that by its nature should continue — including §7.5, §7.8, §10.7, §13, §14, §17 to §20, §23 and §24 — continues.
13. Switching provider, exporting and deleting your data
13.1 Your right to switch. You may ask to switch to another provider or to your own systems, or to have all your exportable data deleted, by writing to support@pinglide.com. The request takes effect at the end of a notice period of two months, during which the Agreement and your fees continue. We may agree to a shorter notice period.
13.2 Transition period. After the notice period, a transition period of up to 30 calendar days begins. During it we continue to provide the Service to the extent needed for the switch, give you reasonable assistance and the information in §13.3, and keep your data secure. If completing the switch within 30 days is technically unfeasible, we tell you within 14 working days of your request, explain why, and set an alternative transition period of no more than 7 months, during which the Service continues. You may extend the transition period once, for a period you consider more appropriate for your own purposes.
13.3 What you can take with you. All exportable data, including:
- locations and all their details — names, addresses, coordinates, contact details, opening hours, descriptions, custom fields, tags and order;
- tag groups, tag colours and pin icons;
- shapes and routes, including their geometry;
- card designs and per-location card overrides;
- map settings, appearance and publish designs;
- uploaded photos and logos, as the original files;
- the latest Snapshot of each Published Map;
- Visitor Measurement Data still held — session records and daily statistics.
Data is provided as CSV or JSON, and files in their original format: locations as CSV with one column per field; tags, shapes, routes, card designs, settings and Visitor Measurement Data as JSON; Snapshots in the same JSON format the embed script reads; photos and logos as the files you uploaded. A detailed description of each data structure is available on request from support@pinglide.com.
Excluded, because they are our intellectual property or trade secrets or would expose our security or other customers: our source code, the embed script, map style documents, internal logs, security data, and the anonymous data described in §7.8. These exclusions will not hinder or delay a switch.
13.4 Retrieval period. When the transition period ends, you have at least 30 calendar days to retrieve your data.
13.5 Completion. The Agreement ends, and we tell you so, when the switch is complete — or, if you asked only for deletion, at the end of the notice period. We then delete your data as set out in §13.7.
13.6 No switching charges. We do not charge for switching or for exporting your data. Fees for the Service during the notice and transition periods remain payable. If you end a fixed-term subscription early, fees already paid for that term are not refunded; that is an early-termination charge, not a switching charge.
13.7 Deletion, and after any other ending. If the Agreement ends for any other reason, you may ask for an export of your data within 30 days after it ends. We delete Customer Content and Visitor Measurement Data within 60 days after the end of the retrieval period (under §13.4 or this section). Backup copies expire in their normal rotation no later than 30 days after that. We may keep data that the law requires us to keep, and data needed to establish, exercise or defend legal claims, for as long as necessary. Published Maps stop working once their Snapshots are deleted.
13.8 Where our infrastructure is. Our primary database and file storage are hosted in the European Union (Frankfurt, Germany); the rest of our infrastructure is described in DPA Annex III. The measures we take against unlawful access by public authorities are in DPA §9 and Annex II.
14. Our intellectual property
14.1 We and our licensors own the Service, including its software, embed script, designs, map styles, documentation, and the Pinglide name and logos. You receive no rights in them except those expressly granted in these Terms.
14.2 Licence to you. While the Agreement lasts, we grant you a non-exclusive, non-transferable, revocable licence to use the Service, and to place the embed snippet on websites that you or your clients control, for your business purposes and within your Plan.
14.3 Feedback. If you send us suggestions or feedback, we may use them freely, without payment or attribution, under a perpetual, irrevocable, worldwide, royalty-free licence.
15. Publicity
We may identify you as a customer — including by your name, your logo, and screenshots of your Published Maps — on our website and in our marketing. You can ask us to stop at any time by writing to support@pinglide.com. We will stop using them in new material within 30 days, but we are not required to withdraw material already printed or distributed.
16. Confidentiality
Each of us keeps the other's non-public business information confidential and uses it only for the Agreement. This does not apply to information that is or becomes public through no fault of the receiving party, was already known to it, is independently developed, or must be disclosed by law or by an authority. Customer Content is protected under §7 and the DPA. Published Maps are not confidential.
17. Disclaimers
17.1 To the fullest extent permitted by law, the Service is provided "as is" and "as available". We give no warranty or condition, express or implied, that the Service will be uninterrupted, timely, secure or error-free, that it will be free of harmful components, that its results will be accurate, that it will be fit for a particular purpose or meet your requirements, or that it will produce any particular result, such as more visitors or sales.
17.2 We are not responsible for your websites or their compatibility with the embed script or our plugins (§4.7); for third-party services (§10); for the accuracy of geocoding, routing or map data, or for the position of any location (§10.3 to §10.7); for the loss of data you did not keep a copy of; or for the acts of Visitors.
17.3 All warranties and conditions implied by law are excluded to the extent the law allows.
18. Limitation of liability
18.1 What is never limited. Nothing in the Agreement excludes or limits any liability that cannot be excluded or limited under applicable law — including, under Article 6.252 of the Civil Code of the Republic of Lithuania, liability for damage caused intentionally or through gross negligence, for injury to health or loss of life, and for non-pecuniary damage.
18.2 Excluded losses. Subject to §18.1, we are not liable for: loss of profit, revenue, turnover, business, contracts or anticipated savings; loss of goodwill or reputation; loss or corruption of data, beyond restoring it from our most recent available backup where one exists; business interruption; lost Visitors or sales; loss arising from inaccurate, incomplete or out-of-date location, route, distance or map information (§10.7); the cost of substitute services; or any indirect, consequential or special loss — whether the claim is in contract, tort or otherwise, and even if the loss was foreseeable.
18.3 Cap. Subject to §18.1, our total aggregate liability for all claims arising out of or in connection with the Agreement is limited to the greater of: (a) the fees you actually paid for the Service in the 12 months before the event that first gave rise to liability; and (b) EUR 50.
18.4 Tell us promptly. You must notify us in writing of any claim within 60 days after you become aware of the facts giving rise to it, so that we can limit the damage. If you notify us later, we are not liable for any loss that earlier notice would have avoided. This does not shorten any statutory limitation period.
18.5 Who may rely on this. These limits also protect our affiliates, directors, employees, contractors and sub-processors, who may rely on them.
18.6 Our fees reflect this allocation of risk.
18.7 Exclusive remedies. To the extent the law permits, the rights and remedies set out in the Agreement are your only rights and remedies against us in connection with the Service, and replace any others that would otherwise apply.
19. Your indemnity
19.1 You will defend, indemnify and hold harmless us, our affiliates, and our directors, employees and contractors against all claims, demands, losses, damages, costs and expenses (including reasonable legal fees) — and, to the extent the law permits, fines and penalties — arising out of or in connection with:
- (a) Customer Content;
- (b) your websites, and how you use Published Maps;
- (c) your processing of Visitor Measurement Data and your compliance with data protection and ePrivacy law, including any missing notice or consent;
- (d) your breach of these Terms, the DPA or the law;
- (e) any claim that Customer Content infringes anyone's rights;
- (f) any use of your Account;
- (g) any claim by a Visitor or other third party arising from reliance on a Published Map, including on the position or accuracy of any location, address, route, distance, travel time, opening hours, contact details or directions shown on it;
- (h) any plugin or integration you install on your websites (§4.7).
19.2 We will tell you about a claim covered by §19.1. We may conduct the defence and any settlement ourselves, at your cost, or ask you to conduct it; you will cooperate either way. You may not settle a claim in a way that binds us or admits fault on our behalf without our prior written consent.
20. Force majeure
20.1 We are not liable for any failure or delay caused by circumstances beyond our reasonable control, including: natural events and disasters; epidemics; war, terrorism and sanctions; acts of governments and authorities; strikes; failures of power, internet or telecommunications networks; cyberattacks, including denial-of-service attacks; and outages, withdrawals or changes by hosting, database, content delivery, map tile, geocoding, routing, email or payment providers. This includes force majeure under Article 6.212 of the Civil Code of the Republic of Lithuania.
20.2 Our affected obligations are suspended for as long as the circumstances last. If they last more than 60 days, either of us may end the affected Plan by notice, and we refund the fees you have paid for any period after that date. No other compensation is due.
21. Changes to these Terms
21.1 We may change these Terms for valid reasons, including: changes in law or in guidance from authorities; changes to the Service or to our providers; security; making unclear wording clearer; and changes in our business.
21.2 Changes that work against you. We tell you about them by email or in the dashboard at least 30 days before they take effect, and explain what is changing and why.
21.3 Your choice. If you do not agree to such a change, you may end the Agreement before the change takes effect, and we refund the fees you have paid for any period after that date. If you continue to use the Service after the change takes effect, you accept it.
21.4 Other changes. Changes that are neutral or in your favour, and changes required by law or urgently needed for security, may take effect immediately.
21.5 The version in force, and the date it took effect, are always at https://pinglide.com/terms.
22. Assignment and subcontracting
We may assign or transfer the Agreement, or any of our rights or obligations under it, to an affiliate or to a successor in a merger, acquisition, reorganisation or sale of all or part of our business, by notifying you; by accepting these Terms you consent to that in advance. We may subcontract any part of the Service. You may not assign or transfer the Agreement without our prior written consent.
23. Governing law and courts
23.1 The Agreement, and any dispute or claim arising out of or in connection with it or its formation (including non-contractual disputes or claims), is governed by the laws of the Republic of Lithuania, excluding its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
23.2 The courts of the Republic of Lithuania competent for Klaipėda have exclusive jurisdiction. As the only exception, we may also bring proceedings against you in the courts of the country where you have your registered office or principal place of business, provided that country is an EU Member State or a party to the Lugano Convention — or, if you are established outside those countries, in the courts of the place where you are established.
23.3 These Terms are written in English. Any translation is for convenience only; if they differ, the English version prevails.
24. General
24.1 Entire agreement. The Agreement is the entire agreement between us about the Service and replaces anything discussed or agreed before. Your own terms, including those in purchase orders, do not apply.
24.2 Order of precedence. The DPA prevails on the processing of personal data; otherwise these Terms prevail. The Merchant of Record's terms govern only the purchase transaction.
24.3 Severability. If a court or authority finds any provision invalid or unenforceable, it applies to the greatest extent permitted and is replaced by the valid provision closest to its purpose. The rest of the Agreement stays in force.
24.4 Notices. We give notices by email to the address on your Account or in the dashboard. An email notice is received when sent, unless we receive a delivery failure. You give notices to us at legal@pinglide.com.
24.5 No waiver. Not exercising or delaying the exercise of a right is not a waiver of it.
24.6 Relationship. We are independent contractors. Nothing in the Agreement creates a partnership, agency or employment relationship.
24.7 Electronic form. The Agreement is concluded electronically and has the same effect as a signed written contract. Our electronic records are evidence of your acceptance and of the version you accepted.
24.8 Third parties. Except as stated in §18.5 and §19, nobody other than you and us has any rights under the Agreement.
Marius Zakarauskas · Individual activity certificate No. 1554078 · Debreceno g. 8-10, Klaipėda, Lithuania · support@pinglide.com