1. Agreement to Terms
These Terms of Service govern your use of the Stain Fix mobile application ("App") operated by Built by Foundry, Inc. ("BBF"). By accessing or using the App, you agree to these Terms generally and acknowledge our Privacy Policy. If you don't agree, please uninstall the App.However, the Arbitration Agreement, class-action waiver, and jury-trial waiver apply only if you affirmatively accept them through an unchecked checkbox and acceptance control presented with links to these Terms and the Privacy Policy. Merely downloading, installing, accessing, or continuing to use the App does not constitute acceptance of the Arbitration Agreement.Age Requirement: You must be at least 18 years old to use Stain Fix.2. About Stain Fix
Stain Fix is an AI-assisted stain diagnosis and care-guidance App created with Kristen Donathan. It analyzes photos and other details you provide and suggests possible stain treatments.AI Stain Diagnosis: Stain Fix provides suggestions based on AI analysis of user-submitted photos. AI-generated guidance can be wrong or incomplete. Always test treatments on a hidden spot first and follow manufacturer care labels. Stain Fix is not a substitute for professional dry-cleaning, upholstery, leather, or restoration services. Do not rely on the App for hazardous spills, biohazards, mold, chemical burns, or any situation requiring emergency or licensed professional help.
3. Accounts
You may create an account using email, Sign in with Apple, or Sign in with Google. You must provide accurate information, keep your credentials and device secure, and promptly report unauthorized access. You are responsible for activity through your account unless applicable law says otherwise. You may delete your account through the App or the Stain Fix data-deletion page.4. Premium Subscriptions and Billing
Price, billing period, trial terms, and renewal details appear on the purchase screen before you confirm. The app store processes payment and controls cancellation and refunds under its rules and applicable law. Unless the purchase screen says otherwise, a subscription renews automatically until canceled through your app-store account and access continues through the paid period after cancellation.Some Stain Fix features require a paid subscription. The purchase screen controls the price, trial, billing period, renewal terms, included features, and cancellation details. The Apple App Store or Google Play Store handles billing, cancellation, and refunds under its rules and applicable law. Access continues through the paid period after cancellation.5. App Stores and Third-Party Services
Apple App Store: If you obtained the App through the Apple App Store, your license to the App is governed by Apple’s Standard Licensed Application End User License Agreement ("Apple Standard EULA"). These Terms govern BBF accounts, subscriptions, server-side services, content, and conduct. They supplement the Apple Standard EULA but do not amend, replace, or supersede it. If these Terms conflict with the Apple Standard EULA concerning the App license, warranties, External Services, termination, damages exclusions, or limitation of liability, the Apple Standard EULA controls. Nothing in these Terms increases BBF’s obligations or liability under the Apple Standard EULA.Google Play and any other distribution platform's applicable terms also apply. Third-party services have their own terms and privacy practices. BBF is not responsible for services BBF does not control.6. User Content
Your photos and content: You keep ownership of photos and other original content you submit. You grant BBF a limited, non-exclusive, worldwide, royalty-free license to store, transmit, process, analyze, and display that content only as reasonably needed to operate, secure, support, and improve the App for you, including sending it to the service providers described in the Privacy Policy.Model training: BBF does not use your stain photos to train public AI models. Service-provider processing remains governed by the Privacy Policy and applicable provider terms.Content standards: Do not submit content that is unlawful, abusive, infringing, or contains sensitive personal information unrelated to stain diagnosis. Deletion is handled as described in the Privacy Policy, subject to temporary backups and records the law permits or requires BBF to retain.7. Acceptable Use
Do not break the law or use the App to harm anyone; upload content you do not have the right to share; reverse engineer, scrape, or interfere with the App or its servers; share account credentials; or bypass subscription or security controls. BBF may suspend or terminate access for violations.8. Protected Content and Prohibited Uses
BBF or its licensors own the App, its software, design, name, logo, prompts, integrations, and other provided content. Kristen Donathan retains ownership of her methodology and contributed content. You may not scrape, reproduce, commercially exploit, or use that protected content or App output to build a competing product or to train, fine-tune, or evaluate a competing model.9. Intellectual Property
BBF and its licensors own the App, trademarks, and provided content. For an App obtained through the Apple App Store, the Apple Standard EULA supplies your license to the App; these Terms do not grant a separate or broader App license. For an App distributed through another platform, BBF grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to use the App as permitted by these Terms and that platform's rules. No other rights are granted.10. Termination
You may stop using the App at any time. We may suspend or terminate access if you materially or repeatedly violate these Terms, create risk or legal exposure, or if we discontinue the App. Where practical, we will give reasonable notice. Provisions that by their nature should survive termination—including ownership, disclaimers, liability limits, indemnity, and disputes—will survive.11. Indemnity
To the extent permitted by law, you will defend and indemnify BBF and its directors, officers, employees, and partners from third-party claims arising from your unlawful misuse of the App, your violation of these Terms, or content you submit. This does not require you to indemnify anyone for their own negligence or unlawful conduct.12. Limitation of Liability
To the fullest extent permitted by law, the App is provided "as is" and "as available." BBF disclaims implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. BBF does not promise the App will be uninterrupted, error-free, or that its content will always be accurate.To the fullest extent permitted by law, BBF will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, goodwill, or use.Apple-distributed Apps: To the fullest extent permitted by law, BBF’s total aggregate liability to you for all claims arising out of or relating to an App obtained through the Apple App Store, its related services, these Terms, or the Apple Standard EULA—taken together under all legal theories—will not exceed the lesser of (a) $50 USD or (b) any lower aggregate limit provided by the Apple Standard EULA. This is one combined aggregate limit, not a separate limit under each agreement, claim, or theory. Nothing in these Terms increases or supplements the liability available under the Apple Standard EULA.Other platforms and services: For claims unrelated to an Apple-distributed App, BBF’s total aggregate liability will not exceed the greater of $100 USD or the amount you paid for the applicable service during the 12 months preceding the event giving rise to the claim.These exclusions do not apply to liability that cannot lawfully be limited, including liability for fraud, willful misconduct, or death or personal injury caused by negligence where applicable. Your non-waivable consumer rights remain in effect.If you experience harm related to App content, report it to support@builtbyfoundry.io. BBF will investigate and take appropriate action.13. Dispute Resolution
Before starting a formal claim, send a written notice describing the dispute and requested relief to support@builtbyfoundry.io . The parties will try in good faith to resolve it for 30 days. Either party may still seek urgent injunctive relief when necessary.US Residents
Applicability and affirmative acceptance: This Arbitration Agreement applies only if you are an adult user in the United States and BBF’s records demonstrate that you affirmatively accepted this version through the acceptance process described above. If BBF cannot produce that record, neither party is required to arbitrate under these Terms, and the class-action and jury-trial waivers in this section do not apply.Individual arbitration: Except for an eligible individual small claims case or a claim for injunctive relief concerning misuse of intellectual property, any dispute will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The Federal Arbitration Act governs this clause. The hearing may occur by video, in your county, or at another mutually agreed location. The arbitrator may award the same individual remedies as a court.Class and jury waiver: You and BBF waive any right to a jury trial and to bring or participate in a class, consolidated, representative, or private-attorney-general action. If a court finally finds the class-action waiver unenforceable for a particular claim, only that claim may proceed in court.Opt-Out: Email support@builtbyfoundry.io within 30 days after the date you affirmatively accepted this Arbitration Agreement, with "Arbitration Opt-Out" in the subject line. Include the email address or other account identifier you used when accepting so BBF can match your notice.Users outside the United States
The arbitration and class-waiver terms in this section do not apply to users outside the United States. You may bring a claim in the courts where you live and retain any non-waivable local consumer protections.Governing law
Delaware law governs these Terms, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs arbitration and mandatory law where you live may still apply.14. Assignment and Corporate Transactions
BBF may assign or transfer these Terms and any rights or obligations under them, in whole or in part, without your consent, to an affiliate or successor in connection with a merger, acquisition, financing, reorganization, change of control, sale of the App or relevant business line, sale of all or substantially all relevant assets, or operation of law. Any assignee will take these Terms subject to the obligations applicable to it, and BBF will provide any notice required by law. You may not assign or transfer these Terms without BBF’s prior written consent. Any attempted transfer contrary to this section is void. Any transfer of personal information remains subject to the Privacy Policy and applicable law.15. Changes to Terms
We may update these Terms as the App or law changes. We will post the revised Terms and update the date above. If a change materially reduces your rights, we will give reasonable advance notice where required. Changes apply prospectively. If you do not agree, stop using the App before the revised Terms take effect. A revised Arbitration Agreement applies only if you affirmatively accept that version through the acceptance process described above.16. Contact Information
BBF2261 Market Street, Suite 86046
San Francisco, California 94114, United StatesGeneral inquiries: support@builtbyfoundry.ioPrivacy requests: privacy@builtbyfoundry.ioWebsite: builtbyfoundry.io