Thank you for choosing Built by Foundry!By creating an account or using our services, you agree to these Terms of Service ("Terms").

Our Services

Built by Foundry, Inc., a Delaware corporation formerly known as Playpen Games, Inc. ("Foundry," "we," "us," or "our"), provides a platform that builds, publishes, operates, and continuously optimizes subscription mobile applications for content creators (the "Services"). We handle the entire lifecycle: product discovery, design, development, App Store submission, and ongoing optimization, so you can focus on your audience while we handle the technology. Any new features or tools we add will also fall under these Terms. The latest version is always available at builtbyfoundry.io/policies/terms.

Our Policies

In addition to these Terms, you also agree to:• Our Privacy Notice
• Our Acceptable Use Policy
• Our SMS Terms of Service (if you opt in to text messages)
• Our Creator Partnership Program Agreement (if you are a Creator)
• Any other applicable policies available at builtbyfoundry.io/policiesTogether with these Terms, these are referred to as the "Policies."

Our Definitions

"App" means a mobile application or game built, published, and operated by Foundry through the Platform on behalf of a Creator."Creator" or "you" means either you as an individual, or the entity you represent (if you are signing up on behalf of a business), and any of its affiliates."End User" means an individual who downloads, installs, or uses an App built through the Platform."Foundry," "we," "us," or "our" means Built by Foundry, Inc. (formerly known as Playpen Games, Inc.) and its affiliates."Platform" means Foundry's hosted application development, publishing, and optimization platform, including all related websites, dashboards, tools, and services."Party" or "Parties" means both of us.

Arbitration and Class Action Waiver

These Terms include an arbitration agreement and a waiver of your right to participate in class actions or class arbitrations in Section 11. Except for certain types of disputes described in the arbitration section, you and Foundry agree that any dispute related to these Terms or your use of our Services will be resolved through mandatory, binding arbitration. This means that you are giving up your right to have those disputes decided in court by a judge or jury, and you are also giving up your right to participate in a class-action lawsuit or class-wide arbitration.

Questions

If you have any questions about these Terms or our Policies, please contact legal@builtbyfoundry.io.

1. Account Terms

1.1 Signing Up

To use the Platform, you'll need to create an account ("Account"). You must be at least 18 years old (or the legal age of majority where you live) to open an Account.

1.2 Account Info

When you sign up, we'll ask for some basic details like your full legal name, a valid email address, payment information, and any other required information. You must keep these details up to date. By signing up, you're confirming that you're using Foundry for business purposes and not for personal, household, or family use.

1.3 Account Owner

The person who creates an Account is the "Owner" and is responsible for following these Terms. If you are signing up on behalf of your employer or client, your employer or client becomes the Owner. In that case, you must confirm that you have permission to agree to the Terms on their behalf.

1.4 Account Security

Keep your Account credentials safe. You are responsible for any activity that happens under your Account, and Foundry is not liable for any losses that occur because of activity on your Account. We may require additional security measures at any time at our discretion.

1.5 Restrictions

You agree not to use automated tools like robots, spiders, or scrapers to access or monitor our Services, or to copy, sell, or otherwise misuse any part of the Platform, without our written permission. You also agree not to bypass our systems, enable disabled features, or try to reverse-engineer how the Platform works.

1.6 Backup

You are responsible for maintaining backups of any content or materials you provide to Foundry. To the fullest extent allowed by law, Foundry is not responsible for any loss, corruption, or failure to store this information.

2. Foundry's Rights

2.1 Service

Foundry determines who may use the Services. We may close an Account, or refuse or remove content from the Services, if we reasonably believe it violates our Acceptable Use Policy, these Terms, or applicable law, or if it poses a risk to the Platform, its users, or third parties.

2.2 Features

Not every feature or service is available to all Creators, and we do not have to offer every feature in every location. We may change, add, or remove features or parts of the Services as the Platform evolves.

2.3 Conduct

Foundry reserves the right to suspend or terminate any Account if the Account holder engages in conduct that Foundry reasonably determines poses a risk to the safety, integrity, or reputation of the Platform, its users, or Foundry's team.

3. Your Obligations

3.1 Compliance

You agree to follow all applicable laws, regulations, and third-party rights when using the Services and when carrying out your business activities. You may not use the Services if you are located in a country embargoed by the United States or if you are on the U.S. Department of Commerce's Denied Persons List or Entity List or the U.S. Treasury Department's list of Specially Designated Nationals.

3.2 Your Responsibilities

As a Creator, you are responsible for the content and brand materials you provide to Foundry, for promoting your App, for complying with FTC disclosure requirements, and for any representations you make about your App to your audience. Foundry builds and operates the technology; you own the relationship with your audience.

3.3 Your People

If your affiliates, agents, or subcontractors breach these Terms, you will be responsible as if you had committed the breach yourself.

4. Fees, Payments, and Billing

4.1 Fees

You agree to pay all fees applicable to your Account as described in the Creator Partnership Program Agreement and your selected plan. These include the Platform Fee and the Revenue Share (collectively, the "Fees").

4.2 Payment Method

You must keep a valid payment method on file ("Authorized Payment Method") to pay all Fees. We will charge the Authorized Payment Method for all applicable Fees until your Account is closed and all amounts owed are paid in full. Unless stated otherwise, all Fees are in U.S. dollars.

4.3 Billing

Platform Fees are billed in advance based on your plan's billing cadence (monthly or annual). Revenue Share is processed monthly as described in the Creator Partnership Program Agreement. You may request a change to your plan tier at any time in accordance with Section 3.11 of the Creator Partnership Program Agreement, with updated fees applying prospectively. Invoices will be sent to your primary email address and will also be available in your Account dashboard.

4.4 Prorated Billing

If your subscription begins on a date other than the 1st of the month, the first month's Platform Fee will be prorated based on the remaining days in that billing period.

4.5 Delinquency

If we can't process payment using your Authorized Payment Method, we may try again, require you to provide an alternative payment method, or debit any unpaid Fees from any balance owed to you. At any time after a payment failure, we may suspend your Account. During suspension, your App will be taken offline and will not be visible to End Users. Your Account will be restored once all outstanding amounts, plus your next billing cycle's Fees, are paid. If Fees remain unpaid, we may permanently close your Account.

4.6 Taxes

All Fees are exclusive of applicable taxes. You are responsible for paying all applicable taxes related to your subscription. If Foundry does not collect taxes, you are responsible for determining and paying them directly to the appropriate authorities.

4.7 Refund Policy

We offer a full, no-questions-asked refund within thirty (30) days of your first Platform Fee charge. If you decide we're not the right fit, simply email support@builtbyfoundry.io within those 30 days and we'll issue a full refund. After the 30-day window, you may cancel anytime.

5. Your Content

5.1 Foundry's Use of Your Content

You keep ownership of your content, brand materials, and creative assets ("Creator IP"). However, you give Foundry a license to use your Creator IP. This license is non-exclusive, transferable, sub-licensable, royalty-free, and applies worldwide. It allows Foundry to host, use, distribute, display, modify, run, copy, store, reproduce, make available, and create derivative works based on your Creator IP. Foundry uses these rights to build, operate, optimize, promote, and maintain your App and to meet its obligations under these Terms. You confirm that you have the necessary rights to grant Foundry this license.

5.2 You Own Your Content

If you owned the Creator IP before providing it to Foundry, it remains yours, except for any rights or licenses you've given to Foundry under these Terms. If your Account is terminated, Foundry will remove your Creator IP from the App and marketing channels within thirty (30) days, but this does not cancel any rights or licenses Foundry needs to fulfill obligations that arose during the existence of your Account.

5.3 Content Moderation

Foundry may review, modify, limit access to, or remove content that we reasonably believe violates these Terms, our Acceptable Use Policy, or applicable law.

6. Foundry Intellectual Property

6.1 Our Technology

The Platform, all software, proprietary systems, tools, frameworks, shared libraries, reusable components, analytics systems, and related technology ("Foundry Technology") is and remains the sole property of Foundry. You do not acquire any ownership interest in Foundry Technology. For the avoidance of doubt, Foundry Technology includes any reusable components, shared libraries, platform frameworks, and infrastructure incorporated into or used in connection with Apps, regardless of whether such technology was developed before or during the Term. Subject to Foundry's ownership of Foundry Technology, you own the application-specific code developed by Foundry for your App ("App Code"), as described in the Creator Partnership Program Agreement.

6.2 Trademarks

You agree not to use any trademarks, logos, or service marks of Foundry, whether registered or unregistered, without our prior written consent. You agree not to purchase, register, or use search engine keywords, domain names, social media handles, or email addresses that use or include Foundry's marks or any confusingly similar variations.

6.3 Feedback

If you share any ideas, suggestions, or feedback about the Services ("Feedback"), Foundry is not required to keep them confidential and will not provide compensation for them. By submitting Feedback, you grant all right, title, and interest in the Feedback to Foundry. Foundry may use, change, and implement Feedback in any way, without needing permission from you.

7. Ongoing Optimization

7.1 Optimization Activities

You acknowledge that Foundry's team and proprietary systems perform ongoing optimization activities on the App, including pricing and paywall experimentation, onboarding refinement, conversion testing, feature development, performance monitoring, and audience engagement analysis ("Ongoing Optimization"). Ongoing Optimization is enabled by default and operates continuously as part of the Services.

7.2 Opt-Out

You may request that specific categories of Ongoing Optimization be disabled for your App by written notice to Foundry.

7.3 No Guaranteed Outcomes

Optimization activities may produce variable results. Any projections, estimates, or forecasts are forward-looking statements only and are not guarantees. Foundry does not warrant that optimization will achieve specific targets or that results will be consistent over time.

7.4 Brand Protection

Foundry retains sole discretion over the operation of the Platform Services, including technical implementation, infrastructure, and monetization. You may provide direction regarding your App's branding and creative direction, and Foundry will incorporate such direction within a commercially reasonable period, provided it does not conflict with Foundry's operation of the Platform Services.

8. Privacy and Data

8.1 Privacy

Foundry's collection, use, disclosure, and processing of personal information is governed by these Terms and our Privacy Notice.

8.2 Performance Data

Foundry collects technical and performance data related to Apps ("Performance Data"). Performance Data powers Ongoing Optimization. Foundry may use Performance Data in aggregated and de-identified form to improve the Platform across its portfolio. We will not share your identifiable Performance Data with other creators or third parties except in aggregated and de-identified form.

8.3 Data Portability

Upon written request, Foundry will provide you with an export of your Creator IP, Creator-provided content, user data, and analytics in a commercially reasonable format within a commercially reasonable period. You may also request an export of your App Code following the applicable portability period specified in your plan (the "Portability Period"), as described in the Creator Partnership Program Agreement. Data portability does not include Foundry Technology, optimization data, Platform configurations, or third-party components subject to separate license terms. You acknowledge that App Code may not function independently of the Platform Services and that Foundry has no obligation to provide support, hosting, maintenance, or migration assistance following export.

9. Limitation of Liability and Disclaimer

9.1 No Warranty

You use the Services at your own risk. They are provided "as is" and "as available," without any kind of warranty, whether express, implied, or statutory. Foundry does not promise that the Services will always be uninterrupted, timely, secure, or free from errors. It also does not guarantee that results from using the Services, including optimization activities, will be accurate or reliable. Foundry is not responsible for your tax obligations or liabilities connected to using the Services.

9.2 Limitation of Liability

You understand and agree that, as far as the law allows, Foundry and its suppliers are not responsible for any indirect, incidental, special, consequential, or exemplary damages, including loss of profits, goodwill, use, data, or other intangible losses. To the extent permitted by applicable law, Foundry's aggregate liability arising out of or in connection with these Terms and the Services shall not exceed the greater of (a) the total fees paid or payable by you to Foundry in the three (3) months preceding the event giving rise to the claim, or (b) Five Hundred ($500) U.S. Dollars.

9.3 Indemnification

You agree to indemnify and hold harmless Foundry, its parent company, affiliates, officers, directors, employees, and agents from any third-party claims, damages, liabilities, and reasonable expenses (including attorneys' fees) arising from your breach of these Terms or the Policies, your Creator IP, your violation of any law or third-party rights, your promotional activities, or any disputes between you and your End Users.

10. Term and Termination

10.1 Term

These Terms take effect on the date you create an Account and continue on a month-to-month basis until your Account is cancelled and all amounts owed are settled.

10.2 Your Cancellation

You can cancel your Account at any time by contacting support@builtbyfoundry.io or through your subscription management settings. Cancellation takes effect at the end of the current billing period. You may also request a full refund within the first thirty (30) days as described in Section 4.7.

10.3 Our Cancellation

Foundry may suspend or terminate your Account if we reasonably believe you have engaged in fraud, illegal activity, material breach of these Terms, or conduct that poses a risk to the Platform, its users, or third parties. Where practicable, Foundry will provide notice before taking action.

10.4 Effect of Termination

When your Account ends: (a) Foundry shall cease providing Platform Services for the App within a commercially reasonable wind-down period not to exceed sixty (60) days; (b) during the wind-down period, Foundry may continue operating the App solely to support existing end users, process pending transactions, and fulfill obligations arising prior to termination; (c) following the wind-down period, Foundry shall not continue operating the App; (d) any outstanding balance you owe becomes immediately due in full; (e) Foundry will provide a final revenue statement and pay undisputed amounts owed to you within thirty (30) days; (f) Foundry will remove your Creator IP from marketing channels within thirty (30) days; and (g) you may request an export of your App Code in accordance with Section 8.3. Foundry retains all Foundry Technology and may reuse any frameworks, methodologies, techniques, and general knowledge developed in connection with your App.

10.5 Outstanding Fees

If you still owe fees at termination, Foundry may send you one final invoice. Once that invoice is paid in full, no further charges will apply.

11. Dispute Resolution

11.1 Resolving Disputes

If you have a concern, we want the chance to address it. Before filing a claim, you agree to try resolving the dispute informally by emailing legal@builtbyfoundry.io. If the dispute is not resolved within thirty (30) days, either Party may begin a formal proceeding.

11.2 Mandatory Arbitration

If you are a U.S. resident, you and Foundry agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator, administered by JAMS under its Comprehensive Arbitration Rules. The arbitration will take place in San Francisco, California, or another mutually agreed location.

11.3 Opt-Out

You may decline the arbitration provisions within thirty (30) days of first creating your Account by emailing legal@builtbyfoundry.io.

11.4 Exceptions

Either Party may bring claims in small claims court if they qualify. Either Party may also seek injunctive relief to protect intellectual property or stop unauthorized use of the Platform without first engaging in arbitration.

11.5 No Class Actions

You may only resolve disputes with Foundry individually. You may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If this paragraph is held unenforceable, the arbitration provisions of this Section 11 will be deemed void.

11.6 Judicial Forum

If arbitration does not apply to your claim, both Parties consent to the exclusive jurisdiction of the state and federal courts in San Francisco, California.

11.7 Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles.

12. General Provisions

12.1 Entire Agreement

These Terms, along with the Policies and any documents referenced within them, make up the entire agreement between you and Foundry. They replace any previous agreements and govern your use of the Services and your Account.

12.2 Modifications

Foundry may update these Terms by posting dated changes to builtbyfoundry.io/policies. If a change materially and negatively affects your use of the Services, we will give you at least thirty (30) days' notice by email. Changes may take immediate effect if necessary for legal compliance, fraud prevention, or security. If you continue to use the Services after the notice period, you are accepting the updated terms. If you do not agree, you may stop using the Services.

12.3 Fee Changes

Foundry may change fees from time to time. We will provide at least thirty (30) days' advance notice of any fee changes.

12.4 No Liability for Changes

Foundry will not be liable to you or any third party for any changes to the Services, including modifications, price changes, suspensions, or discontinuations.

12.5 Assignment

Foundry can assign these Terms without notifying you or getting your consent. You cannot assign or transfer these Terms without Foundry's prior written consent.

12.6 No Waiver and Severability

If Foundry does not enforce a right or provision in these Terms, it does not mean we waive that right. If any part of these Terms is found unenforceable, that part will be adjusted to best match the original intent while the rest remains in full effect.

12.7 No Third-Party Rights

Unless stated otherwise, no one other than Foundry, its affiliates, and you has the right to enforce any part of these Terms.

12.8 Independent Contractors

The Parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.

12.9 No Equity

These Terms do not grant you any ownership interest, equity, or profit participation in Foundry.

12.10 Force Majeure

Neither Party will be liable for failure or delay in performance due to causes beyond its reasonable control.

12.11 Survival

When these Terms end, the following Sections continue to apply: Section 4 (Fees, Payments, and Billing), Section 5 (Your Content), Section 6 (Foundry Intellectual Property), Section 8 (Privacy and Data), Section 9 (Limitation of Liability and Disclaimer), Section 11 (Dispute Resolution), and Section 12 (General Provisions).

Built by Foundry, Inc. (f/k/a Playpen Games, Inc.)
2261 Market Street STE 86046, San Francisco, CA 94114
legal@builtbyfoundry.io