Terms of service

These terms are an agreement between you and Simkins & Elgazar LLC, a Virginia limited liability company (“Foundry”, “we”, “us”), for the Foundry Android app, the Foundry Cloud service, and this website (together, the “Service”). By installing the app or signing in you agree to them. If you do not agree, do not use the Service.

1. Who can use Foundry

You must be at least 13 years old. If you are under 18, a parent or guardian must agree to these terms for you. You must be able to form a binding contract where you live, and you must not be barred from using the Service under the laws of the United States or your country.

2. Your account

Foundry creates an account for your phone when you first open it. You can tie it to you by signing in with Google or with a code sent to your email address; keep that Google account or inbox secure, since anyone who controls it can sign in as you. You are responsible for what happens under your account. Choose a handle that does not impersonate anyone else or contain anything offensive; we may change or remove a handle that does.

One person, one grant of free tokens. The free tokens are granted once per phone and once per signed-in identity; creating accounts, reinstalling, or using other people's phones to collect extra free tokens is a breach of these terms, and we may remove the tokens and close the accounts involved. Do not sell or transfer your account.

3. Tokens

• Tokens are credits used to pay for the AI work that makes and changes your apps. They are not money, have no cash value, cannot be transferred, and cannot be refunded for cash except where the law requires.
• The first account created on a phone receives 100 free tokens. We may change the free grant at any time.
• A new app costs 100 tokens and a change to an existing app costs 25. Questions that an app you made asks the AI are free up to a daily limit. We may change these amounts; the app always shows the current cost before you spend anything.
• If a build fails, is stopped, or has to pause to ask you something, its tokens are returned to your balance automatically. A build that finishes is paid for, even if you later decide you do not like the result; you can change it for the lower change price.
• Token packs, when available, are sold through Google Play and subject to Google Play's terms and refund policy. Prices may differ by country and may change.
• Unused tokens are forfeited when you delete your account or when we close it for a breach of these terms. We may expire free tokens, but not purchased ones, after a long period of inactivity with notice.

4. The apps you make

• You own the descriptions you type and, as between you and us, the apps Foundry makes from them. You grant us the licence we need to process them: to send them to our AI providers, to store a shared app until your friend picks it up, and to show it to the friend you chose.
• Apps are generated by an AI model from your description. They may contain mistakes, may not do exactly what you asked, and may stop working after an update to Foundry or Android. We check each app by running it, but we do not review the content of apps or guarantee that they are correct, safe, or fit for any purpose.
• Do not rely on an app you made for anything where an error could hurt someone or cost real money: medical, legal, financial, safety or emergency uses are at your own risk.
• Apps run inside Foundry on your phone. They cannot be installed as separate Android apps, published to app stores, or run outside Foundry.
• Similar descriptions produce similar apps. You have no exclusive right to an app idea, and other users may make apps like yours.

5. Acceptable use

Do not use the Service to make, share or run anything that:

• is illegal where you or we are, or helps anyone break the law;
• infringes someone else's copyright, trademark, privacy or other rights;
• harasses, threatens, defames or sexualises anyone, or sexualises minors in any form;
• is designed to deceive, scam or phish, or to impersonate a person or organisation;
• collects other people's personal data without their knowledge and consent;
• contains malware, or tries to break out of the app's sandbox, reach other apps on the phone, or attack any system;
• tries to get the AI to ignore its instructions, to extract our prompts or keys, or to work around token costs and limits;
• puts automated or excessive load on Foundry Cloud, or resells access to it.

We may remove shared apps, refuse builds, suspend or close accounts, and withhold refunds of tokens when these rules are broken. We may also set and change fair-use limits, such as the number of free questions per day.

6. Sharing with friends

When you share an app, your friend receives their own copy, which they may keep, change and use as they like. You are responsible for what you share. A share expires after 24 hours whether or not it was picked up, and shares only work between people who have both accepted a friend request. Do not share apps that break section 5.

7. Third-party AI providers

Foundry Cloud relays AI requests to OpenRouter, Inc. and the model provider it routes to. Their availability, speed and quality are outside our control; when they are down, builds fail and are refunded. We may change the model or provider at any time. The privacy policy describes what they receive.

8. Features marked coming soon

Features the app or this site describe as coming soon, such as token packs, a storefront or multiplayer, are plans, not promises. They may change, be delayed, or never ship, and nothing you do now gives you a right to them.

9. Our property

The Foundry app, Foundry Cloud, the Foundry name and mark, and the two apps included with Foundry belong to Simkins & Elgazar LLC. We give you a personal, non-exclusive, non-transferable licence to use the app on Android devices you control, under these terms. You may not copy, modify, distribute, sell, reverse engineer or extract the source of the app or the Service, except where the law allows despite this clause. The Big Shoulders Display typeface is used under the SIL Open Font License, included in the app.

10. Ending things

You can stop using Foundry at any time, and you can delete your account in Settings or as described on the Delete account page. We may suspend or close your account if you break these terms, if the law requires, or if we discontinue the Service, in which case we will give reasonable notice where we can. Sections 4, 5, 9, 11, 12, 13 and 14 survive the end of this agreement.

11. No warranty

The Service and every app it makes are provided “as is” and “as available”. To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and that the Service or any app will be uninterrupted, error-free, or produce any particular result.

12. Limitation of liability

To the fullest extent the law allows, Simkins & Elgazar LLC and its members, officers and contractors are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, data or goodwill, arising from the Service or any app made with it, however caused. Our total liability for all claims relating to the Service is limited to the greater of fifty US dollars or the amount you paid us in the twelve months before the claim. Some jurisdictions do not allow these limits, so they may not fully apply to you.

13. Indemnification

You agree to defend and hold Simkins & Elgazar LLC harmless from claims, losses and costs, including reasonable legal fees, arising from the apps you make or share, from your use of the Service, or from your breach of these terms.

14. Governing law and disputes

These terms are governed by the laws of the Commonwealth of Virginia, United States, without regard to its conflict-of-law rules. Disputes are resolved in the state or federal courts located in Virginia, and each party consents to their jurisdiction. Where the law allows, any dispute must be brought in your individual capacity and not as a plaintiff or class member in any class or representative proceeding. If you are a consumer in a jurisdiction whose law gives you the right to sue at home, nothing here takes that away.

15. Changes to these terms

We may update these terms. We post the new version here with a new date and, for material changes, tell you in the app or by email before they take effect. Using the Service after that means you accept the change; if you do not, stop using the Service and delete your account.

16. The rest

These terms and the privacy policy are the whole agreement between you and us about the Service. If a part is found unenforceable, the rest stands. If we do not enforce a term today, we can still enforce it tomorrow. You may not assign this agreement; we may assign it to a successor of the business.

Contact

Simkins & Elgazar LLC, Virginia, USA. hello@simkinselgazar.com.