Terms & Conditions

Acceptance of Terms

These Terms and Conditions ("Terms") govern your use of the Foundry Media website at foundrymedia.org ("Site") and all related services ("Services") provided by Foundry Media ("Foundry Media," "we," "us," or "our").

By accessing our Site, submitting any form, booking a strategy call, or engaging our Services, you ("Client," "you," or "your") agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

Our Services

Foundry Media provides Meta advertising management services (Facebook and Instagram paid advertising) for home service companies, including but not limited to plumbers, roofers, and HVAC companies. Our Services may include:

• Paid social media advertising campaign creation and management
• Ad creative development (copy and imagery)
• Audience targeting and optimization
• Lead generation and nurturing setup
• Performance reporting and analysis
• Strategy consultation calls

Specific services, deliverables, timelines, and pricing are defined in separate service agreements or proposals provided to each client. These Terms apply to all such engagements unless otherwise specified in writing.

Foundry Media reserves the right to refuse service to anyone for any reason at any time, including but not limited to geographic market exclusivity policies.

SMS Terms

TCPA Compliance

Our SMS program is operated in compliance with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and the CTIA Messaging Principles and Best Practices. All SMS communications are sent only to individuals who have provided prior express written consent.

Opt-Out Process

You may opt out of SMS communications at any time by:

• Replying STOP to any SMS message from us
• Emailing [email protected] with your phone number and a request to opt out
• Calling us at (626) 602-1489

All opt-out requests will be honored within 24 hours, and you will receive a final confirmation message. We maintain opt-out records for a minimum of 4 years.

No Shared Opt-In

Your phone number and consent are collected solely by Foundry Media for our own SMS program. We do not share opt-in data with third parties for their independent SMS marketing purposes.

Eligibility

Our Services are intended for business owners and operators aged 18 or older. By using our Site or engaging our Services, you represent and warrant that:

• You are at least 18 years of age
• You have the legal authority to enter into a binding agreement on behalf of yourself or your business
• You are a legitimate business owner or authorized representative
• All information you provide to us is accurate, current, and complete

Payment & Fees

Fees for our Services are outlined in individual service agreements or proposals. Unless otherwise stated in writing:

• All fees are quoted and payable in US dollars
• Management fees are separate from and in addition to advertising spend paid directly to Meta
• Invoices are due upon receipt unless otherwise agreed in writing
• Late payments may result in suspension or termination of Services
• All fees paid are non-refundable unless otherwise stated in your service agreement

Foundry Media is not responsible for any charges, overspend, or fees imposed by Meta or other third-party platforms. Client is solely responsible for managing their ad account budget directly within Meta Business Suite.

Intellectual Property

Our Content

All content on our Site, including text, graphics, logos, images, and software, is the property of Foundry Media and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our express written permission.

Client Content

When you provide us with logos, images, copy, or other materials for use in advertising campaigns, you represent that you own or have the right to use such content and grant Foundry Media a non-exclusive, royalty-free license to use that content solely for the purpose of providing our Services to you.

Ad Creative Ownership

Ad creative, copy, targeting strategies, and campaign structures developed by Foundry Media are proprietary to Foundry Media unless otherwise agreed in writing. Upon full payment of all outstanding fees, we will provide clients with copies of ad creative used in their campaigns.

Prohibited Use

You agree not to use our Site or Services to:

• Violate any applicable local, state, federal, or international law or regulation
• Promote illegal products, services, or activities
• Transmit any unsolicited or unauthorized advertising or promotional material
• Impersonate any person or entity
• Interfere with or disrupt the integrity or performance of our Site
• Attempt to gain unauthorized access to any portion of our Site or Services
• Violate Meta's Advertising Policies or Community Standards
• Engage in any fraudulent, deceptive, or misleading conduct

Violation of these restrictions may result in immediate termination of Services without refund and may subject you to legal liability.

Disclaimers

Our Site and Services are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that our Site will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or usefulness of any information provided on our Site.

We are not responsible for any downtime, errors, or policy changes implemented by Meta, Google, or any other third-party platform that may affect your advertising campaigns.

Limitation of Liability

To the maximum extent permitted by applicable law, Foundry Media, its officers, directors, employees, agents, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising out of or in connection with:

• Your use of or inability to use our Site or Services
• Any errors or omissions in our advertising campaigns
• Any actions or policies of Meta or other third-party platforms
• Any unauthorized access to or use of your data
• Any SMS messages sent or not sent

In no event shall our total liability to you for all claims arising out of or related to your use of our Services exceed the total amount of fees paid by you to Foundry Media in the three (3) months preceding the event giving rise to the claim.

Indemnification

You agree to defend, indemnify, and hold harmless Foundry Media and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, and expenses (including attorneys' fees) arising from:

• Your use of our Site or Services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Any content or materials you provide to us for use in advertising campaigns
• Your violation of any applicable laws or regulations

Termination

Either party may terminate a service engagement in accordance with the terms of the applicable service agreement. Foundry Media reserves the right to terminate or suspend access to our Services immediately, without prior notice, for:

• Violation of these Terms
• Non-payment of fees
• Fraudulent, abusive, or illegal activity
• Any conduct that Foundry Media determines to be harmful to other clients, third parties, or our business

Upon termination, your right to use our Services immediately ceases. Provisions that by their nature should survive termination will remain in effect, including intellectual property provisions, disclaimers, and limitations of liability.

Governing Law & Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Georgia for resolution of any disputes.

Before initiating any legal action, you agree to attempt to resolve any dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute informally within 30 days.

Any cause of action you may have with respect to your use of our Services must be commenced within one (1) year after the claim or cause of action arises.

Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last updated" date at the top of this page. We may also notify you via email or SMS if changes significantly affect your rights.

Your continued use of our Site or Services after any changes to these Terms constitutes your acceptance of the updated Terms. We encourage you to review this page periodically.

Contact Us

If you have any questions about these Terms, please contact us:

• Company: Foundry Media
• Email: [email protected]
• Phone: (626) 602-1489
• Website: foundrymedia.org

For SMS-related questions or opt-out requests, reply STOP to any message or email us with your phone number.