Draft — not legal advice
See also our Privacy Policy.
By accessing Fowndr(the "Site"), submitting a lead or contact form, creating an account, or using checkout or payment links we provide, you agree to these Terms of Service ("Terms"). If you do not agree, do not use the Site.
The Site is presented under the Fowndr brand. Paid software build services are provided only under a separate written agreement (typically a Statement of Work or order that incorporates your master terms). The legal entity that contracts with you for paid work, and its address for notices, will be identified on that agreement and on invoices or receipts. Until then, references to "we," "us," and "our" mean the operator of the Site and the contracting entity named on your agreement.
These Terms govern use of the Site, optional accounts (e.g. client hub login), lead and inquiry forms, and self-serve payment links we may offer. They do notreplace a Statement of Work ("SOW"), master services agreement, or other contract for custom development work. If there is a conflict between these Terms and a signed agreement for paid services, the signed agreement controls for that engagement.
Package names, descriptions, example prices, and timelines on the Site are marketing summaries unless we confirm them in writing for your specific engagement. Final scope, fees, deliverables, milestones, and payment schedule are only those in your signed SOW or order.
We may use third-party payment processors (e.g. Stripe). Their terms and privacy policy apply to payment processing. You authorize charges only for amounts and purposes described in your agreement with us.
Typical patterns (always subject to your SOW): Starter engagements may use a flow where you review work on a non-production environment, approve in writing, pay the agreed fee, and then we cut over to production or hand over access as described in the SOW. Core and Pro engagements often use a split (for example, approximately half up front and the remainder at an agreed milestone, commonly before go-live). Exact percentages and gates are defined only in the SOW.
Work outside the written scope of your SOW requires a separate quote and your approval before we perform it. We do not bill for material scope additions without agreement.
You agree not to:
We may suspend or refuse service where reasonably necessary to protect the Site or others.
If you use sign-in (including email or third-party providers), you are responsible for your credentials and for activity under your account. Session cookies and related processing are described in our Privacy Policy.
The Site's design, text, graphics, and branding (except your submissions) are owned by us or our licensors. You receive no rights to them except a limited license to view and use the Site for personal or internal business purposes related to evaluating or purchasing our services.
Your submissions (e.g. lead forms, attachments, feature lists): you represent you have the right to provide them. You grant us a license to use them to respond to your inquiry and operate our business, subject to our Privacy Policy.
Custom deliverables from paid engagements are governed by your SOW (ownership, licenses, third-party and open-source components).
The Site relies on hosting, database, email, and other subprocessors. We do not operate first-party marketing or analytics trackers in the shipping web/ app today; if we add them later, this section and the Privacy Policy should be updated accordingly. A register for privacy review is maintained in-repo at docs/legal-subprocessors.md (for counsel and operators - not a substitute for your published Privacy Policy). Cookie and tracker posture is summarized at docs/legal-cookies-analytics.md.
The Site and its content are provided "as is". We do not warrant uninterrupted or error-free operation. We are not a law firm; nothing on the Site is legal, tax, or compliance advice. We do not guarantee business outcomes (e.g. revenue or traction) from any engagement.
To the maximum extent permitted by law, we and our suppliers are not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, or goodwill, arising from your use of the Site or these Terms. Our aggregate liability for claims relating to the Site (excluding liability that cannot be limited by law) may be capped as counsel recommends - counsel should align this paragraph with your SOW liability approach.
To the extent permitted by law, you will defend and indemnify us against third-party claims arising from your unlawful use of the Site, your submissions that infringe rights, or your violation of these Terms. Counsel should tailor scope and carve-outs for your jurisdiction.
[Governing law — complete with counsel, e.g. State of ___ , USA]
[Exclusive venue / arbitration — complete with counsel]
We may update these Terms by posting a new version on the Site and updating the "Last updated" date. Material changes should be reviewed with counsel. Continued use after changes may constitute acceptance - counsel should confirm notice mechanics for your users.
For questions about these Terms, use the contact options on the Site. For privacy-specific requests, see the Privacy Policy.
