These Terms of Service (“Terms”) are an agreement between the operator of FØUNDRY (“we,” “us,” “the operator”) and the print shop signing up to use it (“you,” “your,” “the Shop”). FØUNDRY is a hosted, browser-based tool that lets print shops build 3D visual proofs of foil, spot UV, embossing, and cast & cure embellishments for their own customers. By creating an account, or by having anyone on your team use the service, you agree to these Terms on behalf of your business.
Whoever sets up your Shop’s account — typically your account administrator — accepts these Terms on your Shop’s behalf and confirms they’re authorized to do so. Every person your Shop adds as a user is bound by these Terms too, through your Shop’s acceptance. If you don’t have authority to bind your business to these Terms, don’t create an account.
FØUNDRY hosts a private, walled-off workspace for your Shop: your own projects, your own users, your own branding, and your own pricing rate card. Other shops on the platform cannot see your workspace, and you cannot see theirs. The service is offered on a feature add-on basis — see Section 4.
FØUNDRY is modular. Features — such as guest proofing, suggested embellishments, packaging visualization, live pricing, showcase exports, sales mode, production handoff, and white-label branding — are enabled or disabled per Shop according to the plan you’ve agreed with us. We control which features are turned on for your account, based on that plan.
Turning a feature off does not delete the data behind it. If a feature is disabled on your account — at your request, or for non-payment — the underlying projects and data remain intact; they simply become inaccessible through that feature’s interface until it’s re-enabled. Adding or removing add-ons is handled by mutual agreement and reflected in your invoicing (Section 9).
You own it. As between you and us, your Shop owns all projects, artwork, branding assets, pricing data, and other content you or your users upload or create in FØUNDRY (“Shop Content”).
We host it — that’s the limit of our license. You grant us a limited, non-exclusive license to store, host, display, process, and transmit Shop Content solely to provide and support the service to you — rendering your proofs, generating exports, sending guest proof links, providing support you request. We do not acquire ownership of Shop Content and we do not use it for any purpose outside operating the service for you (Section 6). We may use aggregated, de-identified data — not attributable to any Shop or individual — for internal purposes like capacity planning and product improvement.
We want to be direct about this. The application itself does not let operator staff browse into a Shop’s projects: our administration console shows only Shop-level metadata (name, user count, project count, enabled features). However, because we administer the servers the service runs on, we necessarily have infrastructure-level access to all hosted data — files on disk, database records, backups.
We limit our actual use of that access to:
We do not access, view, or use Shop Content for any other purpose. We do not sell Shop Content or anyone’s personal data, and we do not use your content to build products or features for other shops.
Artwork rights are your responsibility. You represent and warrant that your Shop owns, or has all necessary rights and licenses to upload, display, and process, all artwork, logos, and other materials your Shop or your users submit — including materials that embody your own customers’ trademarks, copyrighted designs, or other intellectual property. We do not screen uploaded artwork for third-party rights issues.
Your customers’ data is your responsibility. If you invite your own customers to view and act on proofs (“Guests”), you are responsible for having the appropriate basis to send them a proof link and collect their name, comments, and decisions through the tool. Our Privacy Policy tells Guests what we do with that data on your behalf.
You will not use FØUNDRY to:
Fees are based on the plan or feature add-ons enabled on your account, are billed annually in advance for a twelve-month term, and are invoiced separately; no payments are processed inside the application. Payment terms and amounts are as agreed between your Shop and us in your order form, quote, or invoice. We may suspend feature access for non-payment, subject to Section 11.
FØUNDRY is provided on an “as is” and “as available” basis. We don’t currently offer a service-level agreement, uptime guarantee, or committed support response time. We’ll make reasonable efforts to keep the service available and to communicate about planned maintenance or known outages, but we don’t guarantee uninterrupted or error-free operation.
Following termination we retain Shop Content for a 30-day wind-down period to allow for export requests and to correct accidental terminations, after which we delete or de-identify it from active systems — except where retention is required for legal, accounting, or security purposes, or where it persists in routine backups until those age out.
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We don’t warrant that the service will be uninterrupted, secure, or error-free, or that visualizations, pricing outputs, or suggested embellishments will be accurate for any particular production job — proofs are a sales and approval aid, not a guarantee of press results.
To the maximum extent permitted by law, neither party will be liable to the other for indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost data, arising out of or related to these Terms or the service, even if advised of the possibility. Each party’s total liability arising out of or related to these Terms will not exceed the fees paid by your Shop to us in the 12 months preceding the event giving rise to the claim.
Your Shop will defend and indemnify us against third-party claims, and resulting damages and reasonable costs, arising from Shop Content — including claims that uploaded artwork infringes a third party’s intellectual property — or from your Shop’s breach of Section 7 or 8. We will defend and indemnify your Shop against third-party claims that the unmodified service itself infringes a United States intellectual property right.
These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-law principles.
We may update these Terms from time to time. If we make a material change, we’ll provide notice — for example, by email to your account administrator or a notice inside the application — before the change takes effect. Continued use of the service after a change takes effect means you accept the updated Terms.
Questions about these Terms: contact us through your account representative — the person who set up your Shop and handles your invoicing.