Terms of Service

Effective date: June 9, 2026
Last updated: June 9, 2026

These Terms of Service ("Terms") govern your access to and use of websites, account services, and purchase flows operated by Phoundry Lab ("Phoundry," "we," "us," or "our"), including phoundry.app, product sites such as phials.phoundry.app, and account.phoundry.app (collectively, the "Services").

Draft notice: This document is not legal advice. Have qualified counsel review it before launch.

Important: Use of the Phials desktop application is governed separately by the Phials End User License Agreement. If there is a conflict between these Terms and the EULA regarding the installed app, the EULA controls for software use.

1. Agreement and eligibility

By accessing or using the Services, you agree to these Terms and our Privacy Policy. You must be at least 18 years old (or the age of majority where you live, if higher) to create an account or make a purchase. If you are under 18, you may use the Services only with involvement and consent of a parent or guardian who accepts these Terms on your behalf.

2. Accounts

You are responsible for maintaining the confidentiality of your account credentials and for activity under your account. Provide accurate information and notify us promptly at [email protected] if you suspect unauthorized access.

We may suspend or terminate accounts that violate these Terms or that we reasonably believe are fraudulent or abusive.

3. Purchases, pricing, and taxes

Phials and other Phoundry products may be offered for sale through the Services. Prices are shown in U.S. dollars unless stated otherwise. Promotional pricing (for example, early-access discounts) may change; the price shown at checkout is what you pay.

Payments are processed through Stripe Managed Payments, under which Link (a Stripe company) acts as merchant of record for your purchase. This means:

  • Your receipt and card statement may show the purchase as "Sold through Link," with a statement descriptor beginning LINK.COM* followed by our descriptor
  • Link/Stripe calculates, collects, and remits applicable sales tax, VAT, and GST on the purchase
  • Your purchase is also subject to the Link consumer terms presented at checkout, and Link provides post-purchase payment support in addition to our own

Phoundry remains responsible for the product itself, including license fulfillment, support, and the commitments in our Refund Policy.

License fulfillment (license keys, activations, downloads) is described on our pricing and product pages and in the Phials EULA. Refunds are governed by our Refund Policy.

4. Acceptable use

You agree not to:

  • Use the Services unlawfully or to infringe others' rights
  • Attempt to gain unauthorized access to our systems, other users' accounts, or license infrastructure
  • Interfere with or disrupt the Services (including automated scraping that imposes unreasonable load)
  • Misrepresent your identity or affiliation
  • Use the Services to distribute malware or harmful code

We may investigate violations and cooperate with law enforcement where required.

5. Intellectual property (Services content)

The Services, including text, graphics, logos, site design, and documentation we provide, are owned by Phoundry or our licensors and protected by intellectual property laws. These Terms do not grant you ownership of the Services or our trademarks.

You may not copy, modify, or create derivative works of the Services except as allowed by law or with our written permission.

Software binaries are licensed under the Phials EULA, not these Terms alone.

6. Third-party links and services

The Services may link to third-party sites or services (for example, Stripe Checkout, OAuth providers, or documentation hosts). We are not responsible for third-party content or practices. Your use of third-party services is at your own risk and subject to their terms.

7. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, Phoundry Lab DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee that the Services will be uninterrupted, error-free, or free of harmful components.

8. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Phoundry Lab AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50).

Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted by law.

9. Indemnification

You agree to indemnify and hold harmless Phoundry from claims, damages, and expenses (including reasonable attorneys' fees) arising from your misuse of the Services or violation of these Terms, except to the extent caused by our gross negligence or willful misconduct.

10. Changes

We may modify these Terms from time to time. We will post the updated Terms on this page with a new effective date. If the changes are material, we will also notify you by email (to the address associated with your account or purchase) at least 14 days before they take effect, where we have an email address for you. Continued use of the Services after changes become effective constitutes acceptance. If you do not agree, stop using the Services.

11. Governing law and disputes

These Terms are governed by the laws of the State of New Mexico, USA, without regard to conflict-of-law rules. You agree that exclusive jurisdiction for disputes relating to these Terms or the Services lies in the state or federal courts located in Bernalillo County, New Mexico, and you consent to personal jurisdiction there.

Before filing a claim, you agree to contact us at [email protected] to attempt informal resolution.

12. General

If any provision of these Terms is unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

13. Contact

Phoundry Lab
2041 S Plaza St NW
Albuquerque, NM 87104
[email protected]