Website Terms

Foundrly's Platform is an AI-powered software platform that connects users — specifically owner-operators of recurring small service businesses (salons, cleaning companies, landscapers, pet groomers, pest control, personal trainers, massage therapists, and similar businesses) — with tools, services, and workflows that automate lead capture, customer retention, reputation management, content creation, and marketing. You may access and use these services through the Platform, including our mobile application, web dashboard, and any connected third-party integrations.

Foundrly is not a marketing agency, advertising firm, or professional services provider. The automations, AI-generated content, and workflows provided through the Platform are tools to assist your business operations. Foundrly does not guarantee specific business outcomes, ranking improvements, revenue increases, or lead volumes. Results depend on your business, your industry, your location, and your use of the Platform. Foundrly is not liable or responsible for the accuracy of third-party data sources (including Google Business Profile data, Yelp data, or social media platform data) used by the Platform.

Foundrly does not provide telephone, SMS, or messaging services directly. Communication features available on the Platform are facilitated through third-party providers (such as Twilio, Meta, and others). Foundrly makes no promises or guarantees with respect to call quality, message delivery, or the availability of any communication services. You are solely responsible for ensuring your use of communication features complies with applicable laws, including the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act.

You must be at least 18 years old to use the Platform. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Platform; (c) your registration and your use of the Platform is in compliance with any and all applicable laws and regulations; and (d) you have the authority and right to connect any third-party accounts (such as Google Business Profile, Instagram, QuickBooks, or Stripe) you link to the Platform. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

The Platform allows you to connect third-party accounts and services (including but not limited to Google Business Profile, QuickBooks, Instagram, Facebook, Mailchimp, Stripe, and Twilio) to enable automated workflows. By connecting a third-party account, you: (a) authorize Foundrly to access, read, and take actions on that account on your behalf as specified during the connection setup; (b) confirm that you have the right and authority to grant such access; and (c) acknowledge that Foundrly's ability to perform actions on connected accounts is subject to the availability, terms, and API limitations of those third-party services. Foundrly is not responsible for changes to third-party APIs, service interruptions, or policy changes by third-party providers that affect Platform functionality.

To access certain features of the Platform, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, business name, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at info@getfoundrly.com.

Certain features of the Platform require a paid subscription. Before you make any payment, you will have an opportunity to review and accept the amounts that you will be charged. All amounts are in U.S. Dollars.

7.1 Pricing. Foundrly reserves the right to determine and modify pricing for Platform subscriptions and features. Foundrly may change pricing with advance notice to you before changes take effect. Foundrly may, at its sole discretion, make promotional offers with different features and different pricing to any of Foundrly's users.

7.2 Authorization. You authorize Foundrly and its third-party payment processors to charge all sums for subscriptions and purchases that you make on or through the Platform, including all applicable taxes, to the payment method specified in your account or provided at checkout.

7.3 Cancellation and Refunds. Foundrly subscriptions are billed monthly or annually as selected at signup. You may cancel at any time. Cancellations take effect at the end of the current billing period. Except as required by applicable law, all fees paid are non-refundable.

7.4 Delinquent Accounts. Foundrly may suspend or terminate access to the Platform for any account for which any amount is due but unpaid. In addition to such outstanding amounts, a delinquent account may be charged with fees or charges incidental to any chargeback or collection of any unpaid amount, including collection fees.

The Platform uses artificial intelligence to generate content on your behalf, including but not limited to business descriptions, Google Business Profile posts, social media posts, email templates, SMS messages, and review responses (collectively, "AI-Generated Content"). You acknowledge and agree that:

1. AI-Generated Content is generated automatically and may not always be accurate, appropriate, or suitable for your specific business;
2. You are solely responsible for reviewing, approving, editing, and publishing all AI-Generated Content before it is made public;
3. Foundrly's default settings require your approval before publishing public-facing content, and you assume full responsibility if you enable autopilot or automation settings that allow content to be published without individual review; and
4. AI-Generated Content does not constitute legal, financial, marketing, or professional advice.

9.1 Authorizations. Subject to your complete and ongoing compliance with these Terms, Foundrly hereby:

1. authorizes you to access and use the Platform; and
2. grants you, solely for your business use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use one copy of any mobile application associated with the Platform obtained from a legitimate marketplace on a device that you own or control.

9.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not:

1. reproduce, distribute, publicly display, or publicly perform the Platform;
2. make modifications to the Platform;
3. interfere with or circumvent any feature of the Platform, including any security or access control mechanism;
4. use the Platform to build a competing product or service; or
5. reverse engineer, decompile, or disassemble any part of the Platform. If you are prohibited under applicable law from using the Platform, you may not use it.

9.3 Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Platform ("Feedback"), then you hereby grant Foundrly an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Platform and create other products and services.

The Platform is owned and operated by Foundrly. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Platform ("Materials") provided by Foundrly are protected by intellectual property and other laws. All Materials included in the Platform are the property of Foundrly or its third-party licensors. Except as expressly authorized by Foundrly, you may not make use of the Materials. Foundrly reserves all rights to the Materials not granted expressly in these Terms.

Notwithstanding the above, you retain ownership of your business data, customer data, and any content you upload to the Platform. By using the Platform, you grant Foundrly a limited, non-exclusive license to use your data solely to provide and improve the Platform services to you.

11.1 Your Data. You retain all rights to the business data, customer data, and other information you provide to or that is collected through the Platform on your behalf ("Your Data"). Foundrly processes Your Data solely to provide the Platform services and as described in our Privacy Policy.

11.2 Data Security. Foundrly uses commercially reasonable security measures to protect Your Data. However, no method of transmission or storage is 100% secure, and Foundrly cannot guarantee absolute security.

11.3 Privacy Policy. Please read our Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Privacy Policy is incorporated by reference into these Terms and available at www.getfoundrly.com/privacy.

12.1 Third-Party Services. The Platform integrates with third-party services (including Google, Meta, Intuit, Stripe, Twilio, and others). Your use of these integrations is subject to the applicable third-party terms of service and privacy policies. Foundrly is not responsible for third-party services, their data practices, or any changes to their APIs or policies that affect Platform functionality.

12.2 Third-Party Software. The Platform may include or incorporate third-party software components generally available under open-source licenses. Nothing in these Terms prevents you from using such components under their applicable third-party licenses.

13.1 User Content Generally. Certain features of the Platform permit users to upload content, including business information, photos, videos, messages, and other materials ("User Content"). You retain any copyright and other proprietary rights that you may hold in the User Content that you provide to the Platform.

13.2 License Grant to Foundrly. By providing User Content to the Platform, you grant Foundrly a worldwide, non-exclusive, royalty-free right to host, store, transfer, display, perform, reproduce, and distribute your User Content solely to provide and improve the Platform services to you.

13.3 User Content Representations. By providing User Content via the Platform, you represent and warrant that:

1. you own or have the right to provide the User Content;
2. the User Content does not infringe any third-party intellectual property rights or violate any applicable law; and
3. the User Content is not misleading, defamatory, or otherwise harmful.

BY USING THE PLATFORM, YOU AGREE NOT TO:

1. use the Platform for any illegal purpose or in violation of any local, state, national, or international law;
2. violate or encourage others to violate any right of a third party, including intellectual property rights;
3. use the Platform to send unsolicited commercial messages (spam) or engage in any marketing activity that violates the TCPA, CAN-SPAM Act, or other applicable regulations;
4. collect personal information about customers or third parties through the Platform without proper consent;
5. interfere with or disrupt the Platform or servers or networks connected to the Platform;
6. impersonate any person or entity or misrepresent your affiliation with any person or entity;
7. use the Platform to build a competing product; or
8. attempt to do any of the acts described in this Section or assist or permit any person in engaging in any of the acts described in this Section.

You are solely responsible for ensuring that all communications sent through the Platform (including emails, SMS messages, WhatsApp messages, and phone calls) comply with all applicable laws and regulations, including but not limited to the TCPA, CAN-SPAM Act, and applicable state laws. This includes obtaining all required consents from your customers before sending automated messages. Foundrly provides tools to assist with compliance but does not guarantee compliance and is not liable for your failure to obtain proper consents or follow applicable regulations.

We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Platform. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

17.1 Term. These Terms are effective beginning when you accept the Terms or first access or use the Platform, and ending when terminated as described in Section 17.2.

17.2 Termination. If you violate any provision of these Terms, your authorization to access the Platform and these Terms automatically terminate. In addition, Foundrly may, at its sole discretion, terminate these Terms or your account on the Platform, or suspend or terminate your access to the Platform, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting us at info@getfoundrly.com.

17.3 Effect of Termination. Upon termination of these Terms: (1) your license rights will terminate and you must immediately cease all use of the Platform; (2) you will no longer be authorized to access your account or the Platform; (3) you must pay Foundrly any unpaid amount that was due prior to termination; and (4) all payment obligations accrued prior to termination and Sections 9.3, 10, 13, 17.3, 18, 19, 20, and 21 will survive.

17.4 Modification of the Platform. Foundrly reserves the right to modify or discontinue the Platform at any time (including by limiting or discontinuing certain features of the Platform), temporarily or permanently, without notice to you. Foundrly will have no liability for any change to the Platform or any suspension or termination of your access to or use of the Platform.

To the fullest extent permitted by law, you are responsible for your use of the Platform, and you will defend and indemnify Foundrly and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (together, the "Foundrly Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or connected with:

1. your unauthorized use of, or misuse of, the Platform;
2. your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
3. your violation of any third-party right, including any intellectual property right or privacy right;
4. any dispute or issue between you and any third party; or
5. your use of any AI-Generated Content that you have approved or published through the Platform.

THE PLATFORM AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATFORM ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. FOUNDRLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING: (1) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (2) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. FOUNDRLY DOES NOT WARRANT THAT THE PLATFORM OR ANY PORTION OF THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

FOUNDRLY DOES NOT WARRANT OR GUARANTEE ANY SPECIFIC BUSINESS OUTCOMES, INCLUDING BUT NOT LIMITED TO IMPROVEMENTS IN GOOGLE SEARCH RANKING, INCREASES IN LEADS OR REVENUE, GROWTH IN REVIEW COUNT OR RATING, OR ANY OTHER MARKETING OR BUSINESS PERFORMANCE METRIC. RESULTS VARY BY BUSINESS, INDUSTRY, LOCATION, AND OTHER FACTORS OUTSIDE FOUNDRLY'S CONTROL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PLATFORM OR FOUNDRLY ENTITIES WILL CREATE ANY WARRANTY REGARDING ANY OF THE FOUNDRLY ENTITIES OR THE PLATFORM THAT IS NOT EXPRESSLY STATED IN THESE TERMS.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE FOUNDRLY ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, BUSINESS OPPORTUNITY, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PLATFORM OR ANY MATERIALS OR CONTENT ON THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY.

EXCEPT AS PROVIDED IN SECTION 21.5 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE FOUNDRLY ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PLATFORM OR OTHERWISE UNDER THESE TERMS IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO FOUNDRLY FOR ACCESS TO AND USE OF THE PLATFORM IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM; AND (B) $100.

21.1 Generally. In the interest of resolving disputes between you and Foundrly in the most expedient and cost-effective manner, and except as described in Sections 21.2 and 21.3, you and Foundrly agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FOUNDRLY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

21.2 Exceptions. Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (1) bring an individual action in small claims court; (2) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (3) seek injunctive relief in a court of law in aid of arbitration; or (4) file suit in a court of law to address an intellectual property infringement claim.

21.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 21 within 30 days after the date that you agree to these Terms by sending a written notice to: Foundrly, Inc., Attention: Legal Department – Arbitration Opt-Out, and by emailing info@getfoundrly.com that specifies: your full legal name, the email address associated with your account, and a statement that you wish to opt out of arbitration.

21.4 Arbitrator. Any arbitration between you and Foundrly will be settled under the Federal Arbitration Act and administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules as modified by these Terms.

21.5 No Class Actions. YOU AND FOUNDRLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

22.1 General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Foundrly regarding your use of the Platform. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

22.2 Governing Law. These Terms are governed by the laws of the State of Texas without regard to conflict of law principles that would result in the application of the laws of another jurisdiction. You and Foundrly submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Travis County, Texas for resolution of any lawsuit or court proceeding permitted under these Terms.

22.3 Consent to Electronic Communications. By using the Platform, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

22.4 Contact Information. The Platform is offered by Foundrly, Inc. You may contact us by emailing us at info@getfoundrly.com or by visiting www.getfoundrly.com/contact.

22.5 No Support. We are under no obligation to provide support for the Platform. In instances where we may offer support, the support will be subject to published policies.

22.6 International Use. The Platform is intended for users located within the United States. We make no representation that the Platform is appropriate or available for use outside of the United States. Access to the Platform from countries or territories where such access is illegal is prohibited.