Builder Terms of Service

These Builder Terms of Service (“Builder Terms”) apply to construction companies, contractors, and their authorized administrators (“Builder,” “you,” or “your”) who create a Foundry account at foundrybuilders.com. By completing the account setup process and checking the acceptance box, you agree to these Builder Terms and the full End-User License Agreement (EULA) and Privacy Policy.

Foundry is operated by Foundry Software LLC, a Mississippi limited liability company (“Foundry,” “we,” “us,” or “our”).

1. Account Registration and Authority

By creating a Builder account, you represent that:

• You are at least 18 years old and legally authorized to enter into contracts.
• You have authority to bind your construction company or business to these terms (if registering on behalf of a company).
• All information you provide during registration is accurate and complete.
• You will maintain the accuracy of your account information and promptly update it if it changes.

2. Incorporation of Full EULA and Privacy Policy

These Builder Terms are a summary intended to highlight the most important aspects of your agreement with Foundry. By accepting these terms, you also agree in full to the:

• End-User License Agreement — the complete, legally binding agreement governing your use of the Foundry platform, including intellectual property rights, limitation of liability, dispute resolution, and all other legal terms.
• Privacy Policy — explains what data we collect, how we use and protect it, and your rights regarding your data.

In the event of any conflict between these Builder Terms and the full EULA, the EULA controls.

3. Subscription and Billing

Foundry is a subscription-based platform. By completing onboarding, you acknowledge that:

• Access to paid features requires an active subscription. Subscription pricing and plan details are presented at the time of purchase.
• Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date.
• During any beta or trial period, your access is subject to the terms communicated at the time beta access was granted.
• Foundry may change subscription pricing with advance notice as described in the EULA.
• All fees are non-refundable except as required by law or as expressly stated in Foundry’s refund policy.

4. Your Data

You own your business data. This includes your job records, client information, financial data, documents, photos, and any other content you input into Foundry (“Builder Content”).

By using Foundry, you grant us a limited license to host, process, and transmit your Builder Content solely to provide the Service to you. We do not sell your Builder Content to third parties.

We retain your data for as long as your account is active and for a reasonable period thereafter to allow data export and to comply with legal obligations. Refer to the Privacy Policy for full details.

5. Authorized Users — Team Members, Clients, and Crew

As a Builder, you may invite:

• Team members (employees, project managers, office staff) who access the Builder Dashboard using credentials you provision.
• Clients (homeowners, property owners) who access a limited Client Portal for their specific project.
• Crew members (field workers, subcontractors) who access the Crew Portal to view assignments and log time.

You are responsible for:

• Ensuring all authorized users comply with Foundry’s acceptable use requirements.
• Maintaining the confidentiality of credentials and revoking access promptly when a user’s authorization ends.
• All activity that occurs under your account, including activity by authorized users.

6. Acceptable Use

You agree to use Foundry only for lawful business purposes and will not:

• Upload or transmit unlawful, defamatory, or malicious content.
• Attempt to reverse-engineer, decompile, or otherwise derive source code from the platform.
• Use automated tools (bots, scrapers) to access Foundry without our express written permission.
• Resell, sublicense, or otherwise make the platform available to third parties outside the scope of your authorized users.
• Interfere with the security or integrity of the platform or its infrastructure.
• Use Foundry to store or process data that is subject to heightened legal requirements (such as HIPAA-covered health data) without a separate written agreement with us.

7. Confidentiality of Client and Project Data

Your clients’ personal information and project details that you store in Foundry are confidential. You agree to use that information only for the purposes for which your clients provided it and to comply with all applicable privacy laws when handling it.

8. Suspension and Termination

Foundry may suspend or terminate your account for violations of these terms, the EULA, or applicable law. We will provide advance notice where practicable, except in cases of serious or immediate violations.

Upon termination, you may request an export of your Builder Content within thirty (30) days. After that period, we may delete your data in accordance with our data retention policy.

9. Service Levels and Availability

Foundry targets a monthly uptime of 99.5% for the Builder Dashboard, Client Portal, and Crew Portal, calculated as a percentage of the total minutes in the month during which the Service was available to authorized users. Scheduled maintenance, force-majeure events, and disruptions caused by third-party services beyond our reasonable control are excluded from this calculation.

Our published response-time targets for support requests by severity, scheduled maintenance windows, and incident-reporting channels are set out in our Support Policy, which is incorporated by reference into these Builder Terms.

Live operational status of the platform and its dependencies is available at foundrybuilders.com/status.

10. Warranty Disclaimer

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” EXCEPT AS EXPRESSLY STATED IN THESE BUILDER TERMS OR THE EULA, FOUNDRY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FOUNDRY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS. NO ADVICE OR INFORMATION OBTAINED FROM FOUNDRY OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOUNDRY OR ITS OFFICERS, MEMBERS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE BUILDER TERMS OR THE SERVICE, EVEN IF FOUNDRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FOUNDRY’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE BUILDER TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO FOUNDRY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00). THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN FOUNDRY AND YOU.

12. Indemnification

By you. You agree to defend, indemnify, and hold harmless Foundry Software LLC and its officers, members, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Your Builder Content; (b) your or your authorized users’ violation of these Builder Terms or the EULA; (c) your or your authorized users’ violation of applicable law; or (d) your infringement or misappropriation of any third-party right.

By Foundry. Foundry will defend and indemnify you against any third-party claim that the Service, as provided and used as authorized, infringes a U.S. patent, copyright, or trademark of that third party, provided that you (i) promptly notify Foundry in writing of the claim, (ii) give Foundry sole control of the defense and settlement, and (iii) provide reasonable cooperation at Foundry’s expense. If the Service is held to infringe, Foundry may, at its option, procure a license, modify the Service, or terminate the affected portions of the Service and refund a pro-rated portion of prepaid fees. This Section states Foundry’s sole liability and your sole remedy for any claim of infringement.

13. Dispute Resolution, Arbitration, and Class Waiver

Informal resolution. Before initiating any formal proceeding, the parties will attempt to resolve any dispute in good faith for at least 30 days following written notice of the dispute.

Binding arbitration. If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Builder Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall be conducted by a single arbitrator and shall take place in Mississippi, or remotely as agreed by the parties. Judgment on the award may be entered in any court of competent jurisdiction.

Exceptions. Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights or confidential information.

Class-action waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND FOUNDRY EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS-WIDE ARBITRATION, OR REPRESENTATIVE ACTION. ALL DISPUTES MUST BE BROUGHT INDIVIDUALLY.

14. Beta Status

Foundry is currently offered under an invite-only private beta. Features, pricing, and availability may change during the beta period. Foundry may identify certain features as “beta,” “preview,” or “experimental,” which means they are provided for evaluation purposes, may contain bugs, may be modified or removed without notice, and are excluded from the service-level targets in Section 9 and the warranties (such as they are) elsewhere in these terms. Use of beta features is at your own risk.

15. General Provisions

15.1 Force Majeure

Neither party shall be liable for any delay or failure to perform to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, pandemics, war, civil unrest, power outages, internet disruptions, or failures of third-party service providers.

15.2 Assignment

You may not assign these Builder Terms without Foundry’s prior written consent. Foundry may assign these Builder Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

15.3 Independent Contractors

The parties are independent contractors. Nothing in these Builder Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship.

15.4 Notices

Legal notices to Foundry must be sent in writing to legal@foundrybuilders.com. Notices to you may be delivered by email to the address on your account or by in-app notification.

15.5 Publicity

Foundry may identify you by name and logo as a Foundry customer on its website and in marketing materials. You may opt out of this by written request to legal@foundrybuilders.com.

15.6 Entire Agreement

These Builder Terms, together with the End-User License Agreement, Privacy Policy, Support Policy, and any order form executed by the parties, constitute the entire agreement between you and Foundry regarding the Service and supersede all prior or contemporaneous understandings.

15.7 Severability and Waiver

If any provision of these Builder Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect. Foundry’s failure to enforce any provision is not a waiver of its right to do so later.

16. Changes to These Terms

We may update these Builder Terms from time to time. We will notify you of material changes via email to your registered address and/or by in-app notice at least 14 days before the changes take effect. Continued use of Foundry after the effective date of a change constitutes your acceptance of the updated terms. If you do not agree to a material change, your sole remedy is to cancel your subscription before the effective date.

17. Governing Law and Venue

These Builder Terms are governed by the laws of the State of Mississippi, without regard to its conflict-of-law principles. For any claim not subject to arbitration under Section 13, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Mississippi.

Contact

Questions about these Builder Terms? Contact us at legal@foundrybuilders.com.