1. Overview

Playpen Games, Inc., doing business as "Built by Foundry" ("Foundry," "we," "us," or "our"), offers SMS and text messaging programs (each, a "Program") to Creators and other users of the Foundry Platform ("you" or "your"). These SMS Terms of Service ("SMS Terms") apply to all Programs and govern your receipt of and interaction with text messages from Foundry. By opting in to any Program, you agree to these SMS Terms. All capitalized terms not defined herein have the meanings given in Foundry's Terms of Service.

2. Programs

Foundry may send and receive text messages related to your use of the Platform and Services, including:• Account notifications and alerts
• Purchase and subscription notifications
• Revenue and performance updates
• Billing reminders
• Security alerts
• Responses to your inquiries and requests
• Product and feature announcements
• Promotional messages and updates (with your consent)Each Program will identify itself and its purpose at the point of opt-in.

3. Opt-In and Consent

You may opt in to a Program by:• Providing your mobile phone number during account creation or onboarding
• Clicking a link or button in an email from Foundry
• Replying with a keyword (such as YES, START, or JOIN) to a message from Foundry
• Any other consent mechanism that clearly identifies the Program and obtains your affirmative agreementBy opting in, you expressly consent to receive text messages from Foundry at the mobile number you provide. Consent to receive text messages is not a condition of purchase of any Foundry service or a condition of using the Platform.

4. Message Frequency

Message frequency varies by Program and by your interactions with the Platform. Some Programs may send a limited number of messages tied to a specific event. Others may send recurring messages over time. The expected message frequency will be disclosed at the point of opt-in for each Program.

5. Message and Data Rates

Foundry does not charge you for SMS messages, but your mobile carrier's standard messaging and data rates may apply. Contact your wireless carrier for details about your text messaging plan.

6. Opt-Out

You can cancel messages from any Program at any time by texting STOP to the number from which you received a message. After you send STOP, you will receive a single confirmation message and no further messages will be sent from that Program.Opting out of one Program does not automatically opt you out of other Programs you may have separately enrolled in. If you wish to re-enroll after opting out, you may do so through the original opt-in method.

7. Help

For assistance with any Foundry SMS Program, reply HELP to any message you receive from us, or contact support@builtbyfoundry.io.

8. Supported Carriers

Major U.S. carriers are supported, including AT&T, Verizon, T-Mobile, and Sprint. Carriers are not liable for delayed or undelivered messages.

9. Privacy

Your mobile phone number, opt-in consent data, and information about your SMS interactions will not be sold, rented, or shared with third parties or affiliates for their marketing or promotional purposes. We may share this data with service providers who assist us in delivering SMS messages, consistent with the disclosure practices described in our Privacy Notice. Those providers are contractually prohibited from using your information for any purpose other than providing services on our behalf.

10. Compliance

By using any Program, you acknowledge and agree that you are responsible for ensuring compliance with all applicable laws governing text message communications, including the Telephone Consumer Protection Act ("TCPA"), the CAN-SPAM Act, and any other applicable laws.

11. Limitation of Liability

To the fullest extent permitted by applicable law, Foundry's liability in connection with any Program is subject to the limitations set forth in the Terms of Service. Foundry makes no warranty that SMS messages will be delivered successfully or in a timely manner. SMS delivery is subject to effective transmission by your mobile carrier.

12. Modifications

Foundry reserves the right to modify these SMS Terms at any time. If we make material changes, we will post the updated terms at builtbyfoundry.io/policies/sms-terms and update the "Last Updated" date above. Your continued participation in any Program after such changes constitutes acceptance of the revised SMS Terms.

13. Contact

Playpen Games, Inc. d/b/a Built by Foundry
2261 Market Street STE 86046, San Francisco, CA 94114Support: support@builtbyfoundry.ioPrivacy: privacy@builtbyfoundry.ioLegal: legal@builtbyfoundry.io