Terms of Service

Last updated: September 9, 2026

These Terms of Service ("Terms") govern access to and use of the Foundry platform and related services. Foundry is operated by Pencilz ("we", "us", "our"), an agency that manages the platform. By accessing or using the platform, you agree to these Terms. If you use the platform on behalf of a business, you represent that you are authorized to bind that business.

The service

Foundry is a multi-tenant platform that provides storefronts, an administrative interface, and integrations with third-party services. We may add, change, or remove features over time.

Accounts and access

• You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
• You must provide accurate information and keep it up to date.
• You must promptly notify us of any unauthorized use of your account.

Acceptable use

You agree not to: (a) use the service for any unlawful purpose; (b) attempt to gain unauthorized access to the service or other users' data; (c) interfere with or disrupt the integrity or performance of the service; (d) reverse engineer or attempt to extract source code except as permitted by law; or (e) use the service to transmit malware or engage in fraud, spam, or abuse.

Third-party services

The service integrates with third-party services (including Google, Intuit QuickBooks, Square, Meta, Stripe, Shopify, and Klaviyo). Your use of those services is governed by their own terms and privacy policies. When you connect a third-party service, you authorize us to access and use data from it as needed to provide the features you enable. We are not responsible for third-party services or their availability.

Customer data

You retain ownership of the data you submit to the service ("Customer Data"). You grant us a limited license to host, process, and transmit Customer Data solely to provide and support the service. You are responsible for the accuracy and legality of Customer Data and for having the necessary rights and consents to provide it.

Payments

Where fees apply, they will be described in a separate agreement or order. Unless stated otherwise, fees are non-refundable and exclusive of taxes.

Intellectual property

The platform, including its software, design, and documentation, is owned by Pencilz and its licensors and is protected by intellectual property laws. These Terms do not grant you any rights to the Foundry or Pencilz trademarks or branding.

Confidentiality

Each party may have access to the other's confidential information. Each party agrees to protect the other's confidential information with the same care it uses for its own and to use it only to perform under these Terms.

Disclaimers

The service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or secure.

Limitation of liability

To the maximum extent permitted by law, Pencilz will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to the platform. Our aggregate liability for any claim will not exceed the amounts paid by you to us for the service in the twelve months preceding the claim.

Indemnification

You agree to indemnify and hold harmless Pencilz from claims, damages, and expenses arising out of your use of the platform, your Customer Data, or your violation of these Terms.

Suspension and termination

We may suspend or terminate access to the service if you violate these Terms or if necessary to protect the service or other users. You may stop using the service at any time. Upon termination, your right to use the service ends and we may delete Customer Data in accordance with our Privacy Policy.

Governing law

These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. The courts located in Quebec will have exclusive jurisdiction over any disputes.

Changes to these Terms

We may update these Terms from time to time. Material changes will be posted on this page with an updated effective date. Continued use of the service after changes take effect constitutes acceptance.

Contact us

Questions about these Terms can be sent to legal@pencilz.com.