Terms of Service

By creating an account or using Foundry you accept these terms. If you are agreeing on behalf of a company, you confirm you are authorised to bind it, and “you” means that company. If you do not accept these terms, do not use the service.

• Service — the Foundry application at www.foundrycrm.services and its related interfaces.
• Your Data — everything you or your leads put into the Service: lead records, messages, notes, quotes and settings.
• Lead — a person whose details you store in the Service.
• Workspace — one business account and the data in it.

You must be at least 18 and able to enter a binding contract. Keep your password secret, do not share logins, and tell us promptly at [TODO: privacy@yourdomain.com] if you suspect unauthorised access. You are responsible for everything done through your account, including by your staff.

The Service records enquiries, prompts you to respond quickly, tracks what happened, and sends messages and quotes at your instruction. We may change, add or remove features. If we remove something you materially depend on, we will give reasonable notice where we can.

You own Your Data. You grant us a licence to host, copy, transmit and display it strictly as needed to operate the Service for you, and to keep backups. That licence ends when the data is deleted, apart from backups which expire on their ordinary schedule.

We will not sell Your Data, use it to advertise to anyone, or use it to train machine learning models.

Where we process personal information within Your Data, we do so as your processor under our Privacy Policy, on your instructions.

You represent and warrant that:

• You have the right to hold and use every piece of personal information you put into the Service.
• You have given the people in it whatever privacy notice the law where you operate requires, and have any consent that law requires.
• You will honour requests from those people to access, correct or delete their information, and will action them in the Service.
• The prices, terms and descriptions in the quotes you send are accurate and are offers you are able and willing to honour.
• You will keep your own dealings with your customers lawful, including any consumer-protection, contract, licensing or tax rules that apply to your trade.

The Service can send SMS and email to the people whose details you store, including automatically when a lead arrives if you switch that on. You decide who is contacted and what is sent. We transmit it.

You are solely responsible for ensuring that every message you send:

• complies with the Telephone Consumer Protection Act and any equivalent law where your recipients are, including obtaining and keeping records of any prior express written consent required before sending an automated or marketing text;
• respects national, state and internal do-not-call and do-not-contact lists;
• complies with the CAN-SPAM Act and equivalent email rules, including honouring opt-out requests promptly and identifying yourself accurately;
• observes any quiet-hours, frequency or content restrictions that apply;
• honours a recipient's request to stop, which you must act on immediately — the Service lets you turn messaging off per lead, and you must use it.

Consent captured on a lead form belonging to you or an advertising platform is yours to obtain, evidence and retain. We do not verify it, cannot see it, and provide no assurance that any message you send is lawful. Enabling automatic texting is your decision and your risk.

Nothing in the Service is legal advice. If you are unsure whether your consent practice meets the standard where you operate, take advice before switching automatic messaging on.

You will not:

• send unsolicited bulk messages, or use the Service for any purpose that would make it a marketing blaster rather than a response tool;
• upload unlawful, deceptive or infringing content, or content you have no right to;
• attempt to access another workspace's data, probe or circumvent our security, or exceed rate limits;
• resell, sublicense or white-label the Service without our written agreement;
• use the Service to collect special-category data — health, biometric, financial account numbers, government identifiers — which it is not designed to protect;
• reverse engineer the Service except where that restriction is unenforceable by law.

We may suspend an account immediately where we reasonably believe this clause has been breached, or where continued use risks harm to recipients, to other customers, or to our providers.

The Service connects to providers including Meta, Google, Microsoft, Twilio and Resend. Your use of those connections is also governed by their terms, and we are not responsible for their acts, outages or decisions. If a provider suspends or limits your access, the Service may lose the corresponding capability through no fault of ours.

A quote you send through the Service is your offer to your customer. We are not a party to it. We do not guarantee that a quote was delivered, opened or read, and the timestamps we record are our best evidence rather than proof of receipt. Whether an accepted quote forms a binding contract is a matter between you and your customer under the law that governs your dealings.

The Service does not take payments and is not a payment processor.

Where the Service is offered free of charge, we may begin charging on reasonable notice, and you may close your account instead of paying. Where fees apply, they are as agreed with you: payable in advance, non- refundable except where the law requires otherwise, and exclusive of taxes, which you are responsible for. We may suspend an account whose fees are overdue after warning you.

The Service is provided “as is” and “as available”, without warranty of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, to the fullest extent permitted by law.

In particular, we do not warrant that:

• the Service will be uninterrupted, timely or error-free;
• any text, email, push notification or alert will be delivered, delivered on time, or delivered at all — delivery depends on carriers, mailbox providers, device settings and networks outside our control;
• any escalation, reminder or notification will reach you, and you must not rely on the Service as your only means of knowing that a lead is waiting;
• Your Data will never be lost, though we take reasonable measures to prevent it.

Some jurisdictions do not allow the exclusion of implied warranties, so parts of this clause may not apply to you.

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost business or lost data, however caused and on any theory of liability.

Our total aggregate liability arising out of or relating to these terms or the Service is limited to the greater of (a) the fees you paid us in the twelve months before the event giving rise to the claim, or (b) one hundred US dollars.

Nothing here limits liability that cannot lawfully be limited, including for fraud, or for death or personal injury caused by negligence.

These limits apply even if a limited remedy fails of its essential purpose, and reflect an agreed allocation of risk that is part of the basis of this bargain.

You will defend, indemnify and hold harmless [TODO: Legal entity name, e.g. Foundry Software LLC] and its officers, employees and agents against any claim, demand, penalty, fine, loss or expense — including reasonable legal fees — arising out of or relating to:

• Your Data, or your collection, use or retention of it;
• any message sent through the Service at your instruction, including any claim under the Telephone Consumer Protection Act, CAN-SPAM, do-not-call rules or any equivalent law;
• your breach of these terms or of any law;
• any dispute between you and one of your customers, including over a quote.

We will notify you of any such claim, let you control the defence with counsel of your choosing (subject to our reasonable approval), and cooperate at your expense. You will not settle a claim in a way that admits our fault or imposes an obligation on us without our written consent.

You may close your account at any time. We may terminate or suspend your access on notice for breach of these terms, or where required by law or a provider.

Before closing an account, export anything you need. After closure we delete Your Data in line with our Privacy Policy. Clauses 5, 12, 13, 14, 16 and 17 survive termination.

These terms are governed by the laws of [TODO: State of X, United States], without regard to conflict-of-laws rules. The courts of that jurisdiction have exclusive jurisdiction, and both parties consent to venue there.

Before filing anything, please contact us at [TODO: privacy@yourdomain.com]. Most disputes are resolved faster by a conversation.

• If a clause is unenforceable, the rest stands and that clause is limited to the minimum extent necessary.
• Our not enforcing a right is not a waiver of it.
• You may not assign this agreement without our consent; we may assign it to a successor in a merger or sale of assets.
• These terms and the Privacy Policy are the entire agreement between us on this subject and replace any earlier understanding.
• Notices to you go to the email on your account; notices to us go to the address above.
• Neither party is liable for failure to perform due to events beyond its reasonable control.

We may update these terms. For material changes we will give notice by email or in the product before they take effect. Continuing to use the Service after that means you accept the updated terms; if you do not, close your account.