Terms and Conditions

These Terms and Conditions ("Terms") govern the use of the PinCloud website and services ("Platform"), operated by PinCloud ("PinCloud", "we", "us", "our").

By accessing or using PinCloud as a Traveler or Creator, you agree to these Terms. If you do not agree, you may not use the Platform.

• Platform: The PinCloud website and related services
• Traveler: A user who purchases digital map collections
• Creator: A user who uploads and sells digital map collections
• Digital Products: Google Maps pin collections and related digital content
• Commission: The percentage retained by PinCloud from each sale

PinCloud is a digital marketplace that enables Creators to offer digital products to Travelers.

PinCloud:

• Provides the platform, payment infrastructure, and digital delivery
• Collects payments on behalf of Creators
• Retains a commission per sale

PinCloud acts as the merchant of record for all transactions completed through the Platform.

PinCloud does not create, own, or control Creator content unless explicitly stated.

3. Eligibility

To use PinCloud:

• You must be at least 18 years old
• You must have legal capacity to enter into a binding agreement
• Creators must provide accurate and complete onboarding information

4. Account Registration

Users may need to create an account to:

• Purchase products (Travelers)
• Upload and sell products (Creators)

You are responsible for:

• Keeping your account information accurate
• Maintaining account security
• All activity under your account

5. Purchasing Digital Products

• All products are digital-only
• Access is provided immediately after successful payment
• Products are for personal, non-commercial use only

6. No Refund Policy

Due to the digital nature of the products:

• All sales are final once access is granted
• No refunds for:
  • Change of mind
  • Travel plan changes
  • Place closures or inaccuracies

Refunds are considered only if the product is technically inaccessible and the issue cannot be resolved.

7. Content Disclaimer

PinCloud and Creators are not responsible for:

• Changes in opening hours, prices, or availability
• Temporary or permanent closures
• Inaccurate or outdated third-party information

Travelers use the content at their own discretion.

7.1 Snapshot-in-Time Nature of Content

All Digital Products available on PinCloud represent a personal curation created at a specific point in time.

Neither Creators nor PinCloud are obligated to monitor, update, or maintain information regarding listed places after publication. Changes such as closures, relocations, price adjustments, or availability occur independently and do not constitute an error or defect of the Digital Product.

8. Creator Responsibilities

By uploading content, Creators confirm that:

• They own or have the right to sell the content
• The content does not infringe third-party rights
• The content is accurate to the best of their knowledge

Creators are solely responsible for their content.

Accuracy refers to the time of creation only and does not imply an obligation to update the content in the future.

9. Creator License to PinCloud

Creators grant PinCloud a non-exclusive, worldwide license to:

• Host, display, promote, distribute, and sell the content
• Use Creator names, descriptions, and previews for marketing purposes

This license ends if the Creator account is terminated, except for already completed sales.

• Creators set their own prices
• PinCloud deducts a commission per sale (percentage disclosed separately)
• The remaining amount is paid out to the Creator
• PinCloud may change commission rates with prior notice

11. Payouts

• Payouts are processed via Stripe

Creators are responsible for:

• Providing correct payout information
• Taxes, VAT, and reporting obligations in their country

PinCloud does not provide tax advice.

12. Prohibited Creator Content

Creators may not upload:

• Misleading or false information
• Copyright-infringing material
• Offensive, discriminatory, or illegal content
• Content scraped or copied from other platforms

PinCloud reserves the right to remove content at its discretion.

13. Intellectual Property

All Platform-related content (branding, UI, copy, structure) belongs to PinCloud.

Creators retain ownership of their content but may not:

• Resell the same content as "official PinCloud content"
• Use PinCloud branding outside the Platform without permission

14. Platform Availability

We strive for continuous availability but do not guarantee uninterrupted access.

PinCloud may:

• Modify features
• Temporarily suspend the Platform
• Discontinue parts of the service

15. Account Suspension & Termination

PinCloud may suspend or terminate accounts if:

• These Terms are violated
• Fraud or abuse is suspected
• Legal compliance requires it

Outstanding payouts may be withheld pending investigation.

16. Payments, Chargebacks, and Third-Party Payment Providers

Payments and payouts on PinCloud are processed by third-party payment providers, including Stripe.

By using the Platform, Travelers and Creators agree to be bound by the applicable terms and policies of such payment providers.

PinCloud reserves the right to handle refund requests, chargebacks, payment disputes, and reversals at its sole discretion.

In the event of a chargeback, payment dispute, or payment reversal, PinCloud may withhold, offset, or deduct the corresponding amounts from Creator payouts.

PinCloud is not responsible for actions taken by payment providers, including account verification, compliance reviews, delays, or fund holds required for legal or regulatory purposes.

17. Limitation of Liability

To the maximum extent permitted by law, PinCloud is not liable for:

• Creator content accuracy
• Travel decisions made based on content
• Loss of data, profits, or indirect damages

In any event, PinCloud's total liability shall not exceed the amount paid by the Traveler for the relevant Digital Product.

18. Indemnification

Creators agree to indemnify PinCloud against claims arising from:

• Their content
• Rights violations
• Breach of these Terms

19. Governing Law

• These Terms are governed by the laws of Germany.
• Jurisdiction lies with the courts of Germany.

20. Changes to Terms

• PinCloud may update these Terms.
• Continued use of the Platform constitutes acceptance of changes.

21. Contact

For questions or legal inquiries:

📧 infopincloud@gmail.com