1. Acceptance of Terms
These Terms of Service ("Terms") are a legal agreement between you and The App Foundry ("The App Foundry," "we," "us," or "our"). They apply to your use of our website located at https://theappfoundry.co (the "Site") and any general services provided through the Site. By accessing or using the Site, you acknowledge that you have read and understood, and agree to be bound by, these Terms and the Privacy Policy. Your continued use of the Site after we post revised Terms constitutes your acceptance of the changes.
2. App-Specific Terms (EULAs)
The App Foundry builds and distributes specific software applications (such as Catalyst). These applications are governed by their own specific End User License Agreements (EULAs) and Privacy Policies. If you download or use any of our applications, the terms of the applicable EULA will supersede these general website Terms in the event of any conflict regarding the software itself.
Read the Catalyst End User License Agreement (EULA) →
3. Eligibility
You must be at least the age of majority in your jurisdiction, and in any case at least 13 years old, to use the Site. By using the Site, you represent and warrant that you meet these requirements and that all information you provide is accurate.
4. Intellectual Property Rights
The Site and its entire contents, features, and functionality (including all information, software, text, displays, images, and the design, selection, and arrangement thereof), together with the "The App Foundry" and "Catalyst" names and branding, are owned by The App Foundry, its licensors, or other providers of such material and are protected by copyright, trademark, and other intellectual property laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on our Site without our express written permission.
5. Acceptable Use
You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
- in any way that violates any applicable law or regulation;
- to transmit any advertising or promotional material, "junk mail," "spam," or similar solicitation;
- to impersonate The App Foundry, another user, or any other person or entity;
- to attempt to gain unauthorized access to, interfere with, or disrupt the Site, its servers, or connected systems; or
- to engage in any other conduct that restricts or inhibits anyone's use of the Site, or that may harm The App Foundry or users of the Site.
6. Third-Party Links & Services
The Site may contain links to third-party websites or services (including payment, hosting, forms, and repositories) that are not owned or controlled by The App Foundry. We are not responsible for the content, privacy practices, availability, or conduct of any third-party service. Your use of any third-party service is at your own risk and subject to that third party's terms.
7. Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE APP FOUNDRY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS, SO SOME MAY NOT APPLY TO YOU.
8. Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE APP FOUNDRY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE SITE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE APP FOUNDRY'S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED THE GREATER OF (i) THE TOTAL AMOUNT YOU ACTUALLY PAID TO THE APP FOUNDRY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) FIVE U.S. DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME MAY NOT APPLY TO YOU; IN SUCH CASES LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. NOTHING HEREIN EXCLUDES LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED.
9. Indemnification
You agree to defend, indemnify, and hold harmless The App Foundry, its affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site.
10. Assumption of Risk
You acknowledge that your use of the Site and any information obtained through it is undertaken at your own risk, and that you assume full responsibility for any decision you make based on content available on the Site. To the maximum extent permitted by law, you release The App Foundry from any claim arising out of or relating to your use of the Site.
11. Modifications to Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and we will update the version number and effective date above. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.
12. Governing Law & Dispute Resolution
All matters relating to the Site and these Terms, and any dispute or claim arising therefrom, shall be governed by and construed in accordance with the laws of India, without giving effect to any choice or conflict-of-law provision, except where the mandatory consumer-protection laws of your country of residence apply and cannot be excluded. You agree to first attempt to resolve any dispute informally by contacting us. Subject to any mandatory laws that apply to you, any unresolved dispute shall be resolved exclusively by binding arbitration seated in Bengaluru, India, conducted in English under the Arbitration and Conciliation Act, 1996, on an individual basis; to the fullest extent permitted by law, class actions and representative proceedings are not permitted.
13. General Provisions
Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between you and The App Foundry regarding the Site. Severability. If any provision is held invalid or unenforceable, it shall be limited or severed to the minimum extent necessary, and the remaining provisions shall remain in full force. No waiver. Our failure to enforce any provision is not a waiver of it. Assignment. You may not assign these Terms; we may assign them without restriction. Force majeure. We are not liable for any delay or failure due to causes beyond our reasonable control.
14. Contact Us
If you have any questions about these Terms, please contact us at:
The App Foundry — toshivanggulati@gmail.com.