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Last updated 2026-11-10

Terms of service

These terms are an agreement between you and Simkins & Elgazar LLC, a Virginia limited liability company ("Foundry", "we", "us"), for this website, the Foundry Cloud service behind it, and the apps you build with them (together, the "Service"). The Foundry Android app is not available yet. These terms take effect on 2026-11-10. By signing in or buying tokens you agree to them and to the privacy policy. If you do not agree, do not use the Service.

1. Who can use Foundry

You must be at least 18 years old (or the age of majority where you live, if that is higher). Foundry is not intended for anyone younger. Foundry does not ask your age; by using it you confirm that you meet these requirements. 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

You make an account by signing in with Google. It is the only way to sign up and sign in; there is no email or password sign-up and no account without signing in. Keep your Google account secure, since anyone who controls it can sign in as you. You are responsible for what happens under your account.

One person, one grant of free tokens. The free tokens are granted once per Google account, and not again if you delete your account and sign in with the same Google account. Making Google accounts 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 a limited licence to use the AI work that makes and changes your apps. They are not money, are not your property, have no cash value, cannot be transferred, sold or exchanged, and cannot be refunded for cash except where the law requires.
  • A new account receives 100 free tokens. We may change the free grant at any time.
  • A new app costs 100, 200 or 300 tokens by its size (small, with records, or big). Foundry reads the size from your request and shows the price before you build; the price shown is the price the build charges. The tokens are taken when the build starts.
  • A change to an app costs 50, 100 or 200 tokens by its size (small, medium or large). Foundry reads the size from your request and shows the price before you start it; the price shown is the price charged. A fix of something the app's original request asked for is free, up to a limit on the AI work per app; past it, the same fix is priced as a change.
  • If a build reaches its time or budget limit, we deliver the closest working version at the price quoted, list what is not fully working yet on the app's page, and fix those things free of charge. Such a delivery is not a failed build and is not refunded in tokens.
  • We may change these amounts and limits; the site always shows the current prices, and a change never alters the price of a build that has already started.
  • Tokens do not expire. Unused tokens are forfeited when you delete your account or when we close it for a breach of these terms.

Refunds of tokens

  • If a build ends without a working app, all its tokens are returned to your balance automatically, as tokens.
  • If our build server stops part way, another one carries on from the last saved step without charging again. A build that still cannot finish ends without a working app and is refunded.
  • If you cancel a build yourself, all its tokens are returned while it is still planning. After that, the price minus the cost of the AI work already done is returned, rounded down to whole tokens. You are shown the exact amount before you confirm, and you can keep the build running instead.
  • If many of an account's builds are refunded after using a lot of AI work, or a payment on it is refunded or disputed, new builds on that account may be paused until we have looked at it. Refunds already due are not affected.
  • A build that finishes is paid for, even if you later decide you do not like the result; you can ask for a change, priced by its size as above.

4. Buying tokens

  • Tokens are sold on this website. The payment is processed by Stripe in US dollars, with a payment method Stripe offers at checkout (a card, including Apple Pay and Link, and where offered a US bank account or Klarna), for a whole number of dollars from $5 to $200. Once Stripe confirms the payment (a bank payment only when it settles, usually within a few business days) you receive 100 tokens for each US dollar of the amount you chose, not counting any sales tax; we absorb Stripe's processing fee. Stripe's terms also apply to the payment.
  • Token purchases are final and are not refunded in money, except where the law requires or where we charged you in error. What comes back to you always comes back as tokens to your balance (section 3): a build that ends without a working app, or a build you cancel.
  • All sales are final. If you think a charge is wrong, email us before disputing it with your bank. A payment we suspect is unauthorised is refunded by itself: when Stripe or the card issuer warns us about a payment of $15.00 or less, or a bank inquiry opens on one, we refund it in full at once. A refunded or disputed purchase removes the tokens it bought at once, in proportion to the amount reversed, which can take your balance below zero until you buy tokens again, and pauses new builds on the account until we have looked at it.

5. The apps you make and AI output

  • You own the requests you type and, as between you and us, the apps Foundry makes from them. You grant us the licence we need to run the Service with them: to send them to our AI providers, to build, test, store and host your apps, and to serve an app to anyone holding a share link you created. You confirm you have the right to use anything you put in a request.
  • Apps are generated by AI models. They may contain mistakes, may be inaccurate, incomplete or offensive, may resemble other people's work, may not do exactly what you asked, and may stop working after an update to your browser. We check each app by running it, but we do not review the content of apps or guarantee that they are correct, safe, original, or fit for any purpose. Review what the AI produces before you rely on it or share it.
  • 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.
  • Each app is hosted for you at its own private address, where you can open it and install it from your browser. You can also download it as one .html file that runs offline from your own device, and download its whole source as a .zip (npm install && npm run dev). A copy you download is yours to run and change; we do not host, update or support it.
  • Similar descriptions produce similar apps. You have no exclusive right to an app idea, and other users may make apps like yours.
  • If you send us feedback or suggestions, we may use them without owing you anything.

6. 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, sexualises minors in any form, or depicts real people in pictures or videos without their consent;
  • is sexually explicit, promotes violence, self-harm or hatred, or targets people for who they are;
  • 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 browser's sandbox, reach other people's apps or data, 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 revoke share links, remove 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 how many builds you can run at once or start in a day.

7. Reporting problems and content

To report an app that does not work, or AI-generated content that is offensive, harmful or breaks section 6, email hello@simkinselgazar.com with the app's name and what happened. We read reports and may act on them as section 6 describes.

8. Share links

You can create share links for any finished app of yours. Anyone who has a link can use the app until you revoke that link; the links this site creates do not expire on their own. Revoking stops that one link: whoever is using it loses the app within 10 minutes, and your other links keep working. Your own app, its address and the data you saved in it are not affected. People using a link keep what they save in the app in their own browser, separate from yours. They can use the app but cannot change it or download it or its source. You are responsible for who you give a link to and for what you share. Do not share apps that break section 6.

9. Apps that use online services

An app you make reaches an online service only if it was built for one, and its page then says what it needs a connection for. That service is not part of Foundry: its terms, privacy policy and costs apply to you, any account or key you give the app is yours, and we are not responsible for what the service does or for what the app sends to it.

10. Third-party services

Foundry Cloud relays AI requests to OpenRouter, Inc. and the model providers it routes to; it runs on Supabase; sign-in uses Google; your apps are built, stored and hosted on Amazon Web Services; and payments go through Stripe. Their availability, speed and quality are outside our control; when the AI is down, builds may not start, or they fail and are refunded as section 3 describes. We may change the model or provider at any time. Using these services through Foundry is also subject to their own terms. The privacy policy describes what they receive.

11. Features marked coming soon

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

12. Our property

This website, Foundry Cloud, the Foundry name and mark, and Foundry's prompts belong to Simkins & Elgazar LLC. We give you a personal, non-exclusive, non-transferable, revocable licence to use the Service under these terms. You may not copy, modify, distribute, sell, reverse engineer or extract the source of the Service, except where the law allows despite this clause. This does not limit the apps you make and download, which section 5 covers. The Big Shoulders Display typeface is used on this site under the SIL Open Font License.

13. Ending things

You can stop using Foundry at any time, and you can delete your account at the bottom of My apps 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 5, 6, 12, 14, 15, 16 and 17 survive the end of this agreement.

14. No warranty

The Service, every app it makes and everything the AI produces 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, accuracy, and that the Service or any app will be uninterrupted, error-free, or produce any particular result.

15. 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, any app made with it, or anything the AI produces, 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.

16. 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, what you send to the AI, your use of the Service, or your breach of these terms.

17. 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. Before filing a claim, please email us so we can try to resolve it informally within 30 days. 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.

18. 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 on this site 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.

19. 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. hello@simkinselgazar.com.