Service policies

1. Eligibility and business use

You must be at least 18 years old, or the age of legal majority where you live if higher, to open, purchase, or administer a Foundry account unless we expressly agree otherwise in writing.

Foundry is intended primarily for business and professional use. You may use it for lawful business-management purposes, including maintaining records relating to clients, jobs, estimates, invoices, receipts, and authorized team members. You may not use Foundry for unlawful activity or in a manner prohibited by these Terms or the Acceptable Use Policy.

You are responsible for determining whether the Service is appropriate for your business, profession, industry, regulatory obligations, contractual obligations, and customers.

2. Account registration and authentication

Foundry currently uses passwordless authentication and may send a limited-duration sign-in code to the email address associated with an account.

You agree to:

• provide accurate and current account information;
• maintain control of the email account used to access Foundry;
• prevent unauthorized use of your devices and sessions;
• promptly notify us if you suspect unauthorized access;
• not share authentication codes or circumvent access controls;
• ensure that each invited team member uses only the access granted to that person.

You are responsible for activity performed through your account or workspace to the extent caused by your acts, omissions, credentials, devices, invitations, or authorized users. You are not responsible for unauthorized activity caused solely by our breach of these Terms or failure to maintain commercially reasonable security safeguards.

We may require re-authentication, invalidate sessions, revoke compromised credentials, or temporarily restrict access where reasonably necessary to protect the Service, an account, or other users.

3. Workspaces, owners, members, and business capacity

A Foundry subscription may include one or more business workspaces and a defined number of authorized users or seats. The current included capacity and available add-ons are shown at checkout, in Billing, or in another applicable order surface.

The workspace owner controls invitations and is responsible for deciding who should receive access. Authorized members may be able to view or modify Customer Data according to the permissions and product functionality available to their role.

The owner must promptly remove or revoke access for people who should no longer have access, including former employees, contractors, or collaborators.

A plan limit is a technical and commercial entitlement. Attempting to circumvent limits, create duplicate accounts to evade fees, or otherwise defeat subscription controls violates these Terms.

4. Subscription; recurring charges

Some Foundry features require a paid subscription. Unless the applicable checkout or order form expressly states otherwise, paid plans are recurring subscriptions that automatically renew for successive billing periods until cancelled.

By starting a recurring subscription, you authorize the applicable payment provider to charge the payment method associated with your billing account for:

• recurring subscription fees;
• purchased add-ons or capacity;
• applicable taxes;
• other charges you knowingly authorize through the Service.

Prices, billing periods, included capacity, and add-on terms presented at checkout form part of these Terms for that purchase.

The current U.S. public base price may be displayed as $10 per month for one active business and three users, with separately displayed add-on pricing where enabled. We may change future prices in accordance with Section 7. A feature or add-on described in marketing or documentation is not purchasable until it is actually enabled in the relevant checkout or account surface.

Additional billing rules are stated in the Foundry Billing & Cancellation Policy, which is incorporated into these Terms.

5. Payment processing

Payments may be processed by Stripe or another payment provider identified at checkout. Payment providers may require you to accept their own terms and privacy practices.

Foundry does not ordinarily store full payment-card numbers or card security codes in its application database. The payment provider handles those credentials under its own security and compliance program.

You authorize us to transmit information reasonably necessary to create or maintain your customer record, subscription, checkout session, and billing entitlements with the payment provider.

You are responsible for maintaining a valid payment method. Failed, reversed, disputed, or overdue payments may result in a past-due state, limited functionality, suspension, or termination after any notice or cure period required by applicable law or the applicable payment-provider rules.

6. Cancellation

You may cancel a self-service subscription through the billing-management flow made available for your account or another cancellation method we provide.

Unless the checkout surface, order form, or law states otherwise:

• cancellation stops future renewal charges;
• access generally continues through the end of the already-paid billing period;
• cancellation does not retroactively reverse properly incurred charges;
• unused time is not automatically converted into cash or account credit;
• add-ons tied to the base subscription may terminate when the base subscription terminates.

If applicable law gives you a stronger cancellation or refund right, that law controls.

7. Price changes

We may change subscription or add-on pricing prospectively. For an existing recurring subscription, we will provide any advance notice required by law or our payment provider before a changed recurring price takes effect.

A price change does not entitle us to charge a different amount for a past billing period. If you do not agree to a future price, your remedy is to cancel before the changed price takes effect, subject to any greater rights provided by law or a written enterprise agreement.

8. Taxes

Prices may exclude sales, use, value-added, goods-and-services, excise, withholding, or similar taxes unless the checkout expressly states that tax is included. You are responsible for taxes legally imposed on your purchase, except taxes based on our net income.

Where we are required to collect or remit taxes, we may calculate and collect them through the payment provider or invoice. You are responsible for providing accurate billing, tax, and exemption information.

9. License to use the Service

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right during the subscription term to access and use the Service for your internal business purposes.

This is a right to use the hosted software, not a sale of software, source code, infrastructure, trademarks, or intellectual property.

Except to the extent a restriction is prohibited by law, you may not:

• copy, reproduce, distribute, sell, rent, lease, sublicense, or commercially resell the Service as your own software service without written authorization;
• reverse engineer, decompile, disassemble, or attempt to derive source code from the Service;
• probe or bypass authentication, authorization, rate limits, billing controls, or technical restrictions;
• use the Service to build a substantially similar competing product through unauthorized extraction of non-public features, source, or interfaces;
• remove proprietary notices;
• access the Service by automated means in a way that materially burdens or disrupts it, except through an API or automation method we expressly provide.

Nothing in these Terms limits rights that cannot lawfully be waived, including rights to reverse engineer for interoperability where a statute expressly protects that activity.

10. Customer Data

"Customer Data" means data, content, files, photographs, notes, client records, job information, invoice information, and other material that you or your authorized users submit to or create in the Service, excluding our software, templates, system metadata, and pre-existing intellectual property.

As between you and us, you retain your ownership rights in Customer Data.

You grant us a limited, worldwide, non-exclusive license to host, copy, transmit, display, format, back up, secure, process, and otherwise use Customer Data solely as reasonably necessary to:

• provide the Service to you;
• follow your documented instructions;
• maintain security, integrity, backup, and availability;
• provide support;
• comply with law;
• enforce these Terms;
• prevent fraud, abuse, or harm.

This license ends when the relevant Customer Data is deleted from our active systems, except for copies retained in backups, logs, legal records, or other systems under the retention rules described in the Privacy Policy and Data Processing Addendum.

We do not obtain ownership of your Customer Data merely because you use Foundry.

11. Your responsibility for Customer Data

You represent and warrant that you have the rights, permissions, notices, consents, or other lawful basis necessary to place Customer Data into Foundry and instruct us to process it.

If Customer Data contains personal information about your own clients, employees, contractors, vendors, or other individuals, you are responsible for:

• complying with privacy and data-protection laws applicable to you;
• giving required notices;
• honoring applicable data-subject or consumer requests;
• limiting collection to information you have a legitimate reason to maintain;
• configuring your team access appropriately;
• not using Foundry for prohibited highly sensitive data unless we have expressly agreed in writing to support that use.

If an individual contacts us about Customer Data that you control, we may direct the individual to you and reasonably assist you as required by applicable law and our Data Processing Addendum.

12. Prohibited and sensitive data

Unless we expressly agree otherwise in a signed writing, Foundry is not designed to serve as a repository for:

• Social Security numbers or equivalent government identifiers;
• full payment-card numbers or CVV/CVC codes;
• online banking credentials;
• passwords for third-party systems;
• private cryptographic keys or seed phrases;
• protected health information requiring a HIPAA business associate agreement;
• biometric templates used to identify a person;
• classified government information;
• export-controlled technical data requiring special handling not expressly supported by us;
• highly sensitive data about children;
• data whose storage in a general business-management application would violate a law, court order, professional duty, or binding contract applicable to you.

The fact that a free-form field technically accepts text does not mean the Service is approved for every category of information that could be typed into it.

13. Estimates, invoices, receipts, and business records

Foundry may allow you to create, store, or generate estimates, quotes, invoices, receipts, PDFs, payment-status records, or similar business documents.

You are solely responsible for determining whether a document generated through Foundry satisfies the legal, tax, accounting, licensing, disclosure, numbering, record-retention, or industry requirements applicable to your business or jurisdiction.

Foundry does not provide legal, tax, accounting, bookkeeping, financial, or regulatory advice. A field named "invoice," "receipt," "paid," "tax," "estimate," or similar is a software function, not a representation that the resulting record is legally sufficient for every jurisdiction or purpose.

Marking an invoice "paid" records the status you or an authorized user selected. Foundry does not independently verify that money reached your bank account unless a separately enabled payment-integration feature expressly says otherwise.

14. File uploads and photographs

If the Service allows uploads, you may upload only files you have the right to use and that are reasonably related to the permitted business purpose of the Service.

You must not upload malware, illegal content, credential archives, exploit kits, pirated materials, intimate imagery without consent, child sexual abuse material, or other prohibited content.

File type and size limits may apply. We may reject, quarantine, block, or remove content that violates these Terms, creates a security risk, or exceeds technical limits.

15. Acceptable Use Policy

The Foundry Acceptable Use Policy (AUP) is incorporated into these Terms. You must comply with it.

If there is a conflict between a general provision in these Terms and a more specific prohibition in the AUP, the AUP controls for the prohibited-use issue.

16. Team invitations and authorized users

You may invite authorized users only when you have a legitimate basis to give those users access to the relevant workspace.

You are responsible for:

• the accuracy of invitation email addresses;
• revoking pending invitations that should no longer be valid;
• ensuring former workers do not retain access;
• instructing users to protect their email accounts and sessions;
• using available access controls reasonably.

We may reject or revoke invitations that appear fraudulent, abusive, technically invalid, or inconsistent with plan limits.

17. Privacy and data processing

Our handling of personal information in our role as operator of the Service is described in the Foundry Privacy Policy.

To the extent we process Customer Data on your behalf as a processor or service provider, the Foundry Data Processing Addendum is incorporated into these Terms unless a separately signed DPA supersedes it.

The Subprocessors list identifies providers we use. Providers may change in accordance with the DPA and applicable law.

18. Third-party services

Foundry may interoperate with or depend on third-party services such as payment providers, email-delivery systems, cloud infrastructure, hosting services, or links to external sites.

Third-party services are governed by their own terms and privacy practices. We are not responsible for an outage, policy decision, account suspension, data practice, or act of an independent third party except to the extent the issue results from our failure to exercise obligations we owe you under these Terms or applicable law.

We may replace infrastructure providers where reasonably necessary to maintain, secure, improve, or operate the Service, subject to applicable data-protection obligations.

19. Service changes

We may modify, improve, replace, add, or remove Service features over time. We may also change technical architecture, providers, interfaces, workflows, and limits.

We will not intentionally remove the core paid functionality of an active plan during a paid period merely to avoid providing what you purchased. However, we may make changes where reasonably necessary for security, legal compliance, provider changes, product integrity, deprecation of unsafe features, or technical sustainability.

Where a material change adversely affects an existing paid commitment, we will provide notice or another remedy where required by law or the applicable written agreement.

20. Beta, preview, experimental, or inactive features

A roadmap, mock-up, screenshot, documentation reference, market copy, repository file, or feature description does not guarantee that a feature is generally available.

Features labeled beta, preview, experimental, coming soon, inactive, hold, or similar may be incomplete, changed, suspended, or discontinued.

Do not rely on an inactive or preview feature for a legally mandatory workflow unless we expressly represent in writing that it is production-ready for that use.

21. Availability, maintenance, and support

We aim to provide a reliable Service but do not promise uninterrupted or error-free availability unless a signed service-level agreement expressly states otherwise.

The Service may be unavailable because of:

• maintenance;
• updates;
• infrastructure failures;
• internet or telecommunications failures;
• security events;
• third-party provider issues;
• force majeure events;
• emergency measures needed to protect customers or systems.

Support channels and any stated response targets are informational unless a signed support or enterprise agreement makes them binding service levels.

22. Suspension

We may suspend all or part of an account where reasonably necessary because of:

• nonpayment;
• a security incident or credible risk of compromise;
• suspected fraud;
• unlawful activity;
• material violation of these Terms or the AUP;
• conduct that threatens the Service or another customer;
• a valid legal requirement;
• repeated attempts to evade plan or access controls.

Where reasonable and legally permitted, we will attempt to provide notice and an opportunity to cure before suspending for a remediable non-emergency breach. We may suspend immediately when delay would create a security, legal, fraud, or safety risk.

23. Termination by you

You may stop using the Service and cancel your subscription at any time, subject to the Billing & Cancellation Policy.

If you want Customer Data exported, you are responsible for using available export or download features before termination unless a separate agreement requires us to provide another export method.

24. Termination by us

We may terminate an account for a material breach that remains uncured after reasonable notice, where cure is possible, or immediately for severe abuse, fraud, unlawful activity, security attacks, repeated nonpayment, or conduct creating substantial risk to others or the Service.

We may also discontinue the Service generally. If we discontinue an already-paid Service for convenience before the end of a prepaid period, we will provide a reasonable transition, service credit, prorated refund, or other remedy as required by law and appropriate to the circumstances.

25. Effect of termination

Upon termination:

• your right to use the Service ends except for any limited post-termination access we expressly provide;
• outstanding payment obligations remain due;
• we may delete or de-identify Customer Data after a reasonable transition and retention period, subject to backups, legal holds, accounting records, and applicable law;
• provisions that by their nature should survive will survive, including intellectual property, accrued payment obligations, confidentiality, disclaimers, indemnity, limitations of liability, dispute provisions, and general terms.

26. Intellectual property

Foundry, its software, source code, architecture, interfaces, graphics, designs, documentation, templates, trademarks, service marks, logos, and other materials provided by us are owned by Mediator Solutions or its licensors and are protected by intellectual-property law.

No rights are granted except the limited rights expressly stated in these Terms.

Customer Data remains subject to Section 10.

27. Feedback

If you voluntarily provide product ideas, suggestions, or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use that feedback to improve or develop products and services, without an obligation to compensate you.

This does not transfer ownership of your Customer Data, confidential business records, or pre-existing intellectual property.

28. Confidential information

If either party receives non-public information from the other that a reasonable person would understand to be confidential because of its nature or the circumstances of disclosure, the receiving party will use reasonable care to protect it and use it only for purposes related to the relationship.

Confidential information does not include information that the receiving party can demonstrate:

• was already lawfully known without a duty of confidentiality;
• becomes public without breach;
• is independently developed without use of the confidential information;
• is lawfully received from a third party without confidentiality restrictions.

A party may disclose confidential information when required by law, subpoena, court order, or valid legal process, and where legally permitted will provide reasonable notice to the other party.

29. Security responsibilities

We will maintain reasonable administrative, technical, and organizational safeguards appropriate to the nature of the Service and the information we process.

You are responsible for reasonable security on your side of the relationship, including:

• securing email accounts used for authentication;
• securing user devices;
• controlling team invitations;
• avoiding unnecessary sensitive information;
• reporting suspected compromise promptly;
• complying with your own industry-specific security obligations.

No security program eliminates all risk. A successful attack or outage does not by itself establish that either party breached its contractual duty; the relevant question is whether the party met the standard required by these Terms and applicable law.

30. Warranty disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT FOR EXPRESS WARRANTIES IN THESE TERMS OR A SIGNED ORDER FORM, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."

WE DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT:

• THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE;
• EVERY FEATURE WILL MEET EVERY CUSTOMER'S REGULATORY OR INDUSTRY REQUIREMENTS;
• CUSTOMER-ENTERED DATA IS ACCURATE;
• AN INVOICE, ESTIMATE, RECEIPT, OR OTHER GENERATED DOCUMENT SATISFIES EVERY LEGAL OR TAX REQUIREMENT;
• THIRD-PARTY SERVICES WILL ALWAYS BE AVAILABLE;
• THE SERVICE WILL PREVENT EVERY SECURITY INCIDENT.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

31. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITY, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

1. THE FEES YOU PAID OR WERE REQUIRED TO PAY TO US FOR THE SERVICE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
2. ONE HUNDRED U.S. DOLLARS ($100) IF NO FEES WERE PAID DURING THAT PERIOD.

THE LIMITATIONS ABOVE DO NOT APPLY TO LIABILITY THAT CANNOT LEGALLY BE LIMITED, AND DO NOT LIMIT A PARTY'S LIABILITY FOR ITS FRAUD, WILLFUL MISCONDUCT, OR OTHER LIABILITY THAT APPLICABLE LAW EXPRESSLY PROHIBITS FROM BEING LIMITED.

A SIGNED ENTERPRISE AGREEMENT MAY PROVIDE DIFFERENT LIABILITY TERMS, IN WHICH CASE THAT AGREEMENT CONTROLS.

32. Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless Mediator Solutions and its officers, members, employees, and agents from third-party claims, damages, judgments, fines, penalties, costs, and reasonable attorneys' fees arising from:

• Customer Data that you lacked the right to submit or use;
• your unlawful or prohibited use of the Service;
• your violation of the rights of a third party;
• your material breach of Sections 11, 12, 14, or 15;
• content, invoices, claims, representations, or communications you issue to your own customers using Foundry.

We will provide reasonable notice of an indemnified claim and permit you to control the defense with counsel reasonably acceptable to us, provided you may not settle a claim in a way that admits wrongdoing by us, imposes non-monetary obligations on us, or fails to fully release us without our written consent.

Nothing in this Section requires indemnification for a claim caused by our own breach, negligence, willful misconduct, or unlawful conduct to the extent such allocation would be prohibited by law.

33. Export controls, sanctions, and restricted parties

You may not use, export, re-export, transfer, or provide the Service in violation of U.S. export-control or sanctions laws or other applicable trade restrictions.

You represent that you are not prohibited from using the Service by applicable sanctions or export laws. If legal restrictions prevent us from providing the Service to you, we may suspend or terminate access as required by law.

34. Electronic communications and notices

You consent to receive contractual, transactional, security, billing, and legal notices electronically, including by email to the address associated with your account, through the Service, or by posting to a legal or account surface where that method is legally sufficient.

You are responsible for keeping your account email current.

Notices to Mediator Solutions concerning legal disputes should be sent to [email protected].

An email copy alone does not waive any formal service requirement imposed by law.

35. Governing law

These Terms and any dispute arising from or relating to them or the Service are governed by the laws of the State of Arizona, without regard to conflict-of-laws principles, except to the extent federal law controls or applicable law requires a different rule.

36. Venue

Except where applicable law requires otherwise, the state and federal courts located in Maricopa County, Arizona will have exclusive jurisdiction over disputes arising from or relating to these Terms or the Service, and each party consents to personal jurisdiction in those courts.

If a dispute qualifies for small claims court, either party may bring the claim in a court of competent small-claims jurisdiction where permitted by applicable law.

We have deliberately not imposed mandatory consumer arbitration in this version of the Terms. A separately negotiated enterprise agreement may contain its own dispute-resolution provision.

37. Jury trial waiver

TO THE EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES TRIAL BY JURY FOR A CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.

If this waiver is unenforceable in a particular forum or matter, it will be disregarded only to the extent necessary, without invalidating the remainder of the Terms.

38. No class-action waiver in this version

These Terms do not contain a mandatory class-action waiver. Nothing in this Section creates a right to proceed as a class where procedural law would not otherwise permit it.

39. Force majeure

Neither party is liable for delay or failure to perform a non-payment obligation caused by events beyond its reasonable control, including natural disaster, war, civil unrest, terrorism, widespread internet or telecommunications failure, government action, labor disruption, epidemic, pandemic, utility failure, cloud-provider outage, or major cyberattack, provided the affected party uses commercially reasonable efforts to mitigate the impact.

This Section does not excuse payment obligations for Service already provided.

40. Assignment

You may not assign or transfer these Terms or your account without our prior written consent, except in connection with a bona fide merger, reorganization, sale of substantially all assets, or change of control, provided the assignee agrees to the Terms and is not a competitor or sanctioned party.

We may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, financing, or transfer of the Foundry business, provided the assignee assumes our relevant obligations.

Any prohibited assignment is void to the extent permitted by law.

41. Relationship of the parties

The parties are independent contractors. These Terms do not create a partnership, joint venture, fiduciary relationship, employment relationship, franchise, agency, or exclusive arrangement.

Neither party may bind the other except as expressly authorized in writing.

42. No third-party beneficiaries

Except for indemnified parties expressly identified in Section 32 and successors or permitted assigns, these Terms do not create third-party beneficiary rights.

43. Order of precedence

If documents conflict, the following order generally applies unless a signed document says otherwise:

1. a mutually signed enterprise agreement or order form;
2. a mutually signed Data Processing Addendum or security addendum for its subject matter;
3. these Terms;
4. the Billing & Cancellation Policy, Acceptable Use Policy, and other policies incorporated into these Terms;
5. ordinary help content, marketing material, or documentation.

A market-specific legal document may supersede this U.S. version for that market.

44. Changes to these Terms

We may update these Terms to reflect changes in law, the Service, security, providers, or commercial operations.

Material changes will become effective prospectively after reasonable notice where required by law. Notice may be provided through the Service, by email, or through a prominent website or account notice.

If a change materially reduces your rights during an already-paid term and applicable law requires consent or a different remedy, we will follow that requirement.

Continued use after an updated version becomes effective constitutes acceptance only where that form of assent is legally sufficient. We may require click-through acceptance for material changes.

45. Entire agreement

These Terms, together with documents incorporated by reference and any applicable signed order form or agreement, constitute the entire agreement concerning the Service and supersede prior or contemporaneous discussions or representations about the same subject matter.

46. Severability

If a provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable where possible, or severed if modification is not possible. The remaining provisions remain in effect.

47. Waiver

A failure to enforce a provision is not a waiver. A waiver must be explicit and applies only to the specific instance for which it is given.

48. Headings and interpretation

Headings are for convenience and do not limit the meaning of a provision. "Including" means "including without limitation." The singular includes the plural where appropriate.

These Terms will not be construed against either party merely because one party drafted them.

49. Contact

Questions about these Terms may be sent to:

Mediator Solutions LLC

Email: [email protected]

Operator: Mediator Solutions LLC — 25041335 — Maricopa County, Arizona

Customer Data: As defined in the Terms, including Acceptable Use Policy and Billing & Cancellation Policy.