Terms of Service

These Terms govern your access to and use of the Services. By using the Services you agree to be bound by them, together with the policies referred to above.

Open Foundry is a manufacturing technology and supplier discovery platform that helps buyers identify and engage suitable manufacturing suppliers, and helps suppliers improve their digital presence and commercial readiness.

• Company name: Open Foundry Limited
• Company number: 17099149
• Registered office: 167-169 Great Portland Street, London, England, W1W 5PF
• Website: https://openfoundry.app
• Email: legal@openfoundry.app

• Buyer: a business, organisation or individual acting on behalf of a business that uses the Services to search for, evaluate, contact or manage suppliers.
• Supplier: a manufacturing company, distributor, service provider or other business that is listed on, invited to, verified by, or subscribes to the Services.
• Account: a user account created to access the Services.
• Plan: a paid or unpaid service package, subscription, project or enterprise arrangement offered by Open Foundry.
• Supplier Subscription Plan: a recurring plan for suppliers, which may include profile hosting, dashboard access, RFQ receipt, analytics, messaging, positioning support, and related supplier tools.
• Buyer Subscription Plan: a recurring plan for buyers, which may include supplier search, matching, RFQ tools, supplier shortlisting, contact access, dashboards, and analytics.
• Buyer Passport: a supplier information, compliance, onboarding or questionnaire support package designed to help suppliers respond to buyer onboarding and RFQ requirements.
• Website Development Services: website analysis, website preview generation, website design, web development, hosting, maintenance, content migration and related services.
• Launch Date: the date on which a website built under the Website Development Services is first made publicly available at the customer’s live domain, or, if earlier, the date it is transferred, handed over or otherwise made available to the customer for live use.
• Hosting, Maintenance & Support: the recurring service described in clause 11.4, provided for a Hosted Website Plan after the Launch Date.
• Enterprise Services: bespoke sourcing, verification, audits, consulting, supplier development, market intelligence, procurement support or other custom services.
• User Content: any information, documents, drawings, CAD files, RFQs, specifications, text, images, logos, trademarks, data or other materials uploaded, submitted or provided by a user.
• Output: any analysis, recommendation, profile, preview, match, summary, draft, classification, report or other output generated or assisted by Open Foundry or its systems.

4.1 Minimum age and authority

You must be at least 18 years old to use the Services. If you use the Services on behalf of a company, partnership, organisation or other entity, you represent that you have authority to bind that entity to these Terms.

4.2 Account information

You agree to provide accurate, current and complete account, billing and company information, and to keep that information up to date. We may use the contact details you provide to send service, billing, legal and operational notices.

4.3 Account security

You are responsible for maintaining the confidentiality of your login details and for all activity under your Account. You must notify us promptly if you believe your Account has been accessed without authorisation.

4.4 Business domains and organisation accounts

If you register using an email address controlled by your employer or organisation, your Account may be associated with that organisation.

You may use the Services only in accordance with these Terms, any applicable policies and all applicable laws and regulations. You must not, and must not assist anyone else to:

• use the Services unlawfully, fraudulently or in a way that infringes third-party rights;
• upload, submit or share information that you are not authorised to disclose;
• use the Services to send spam, malware, harmful code or abusive communications;
• crawl, scrape, harvest or copy data from the Services except as expressly permitted by us in writing;
• reverse engineer, decompile, copy or attempt to derive source code from the Services except where permitted by law;
• use the Services to build a competing supplier database, platform, model, marketplace or service;
• bypass rate limits, security controls, access controls or other protective measures;
• misrepresent your identity, company, capabilities, certifications, location, accreditations or authority;
• use supplier, buyer or RFQ information for any purpose outside the ordinary evaluation and procurement process; or
• otherwise interfere with, disrupt or harm the Services, Open Foundry, our users or third parties.

6.1 Your responsibility for User Content

You are responsible for all User Content you upload, submit, send or make available through the Services. You represent and warrant that you have all rights, licences, consents and permissions necessary for Open Foundry to process, host, copy, analyse, transmit and display User Content as needed to provide the Services.

6.2 Sensitive, confidential and controlled information

Manufacturing RFQs, drawings and specifications may contain confidential, commercially sensitive, export-controlled or otherwise restricted information. You must not upload or submit any information unless you are authorised to do so and unless its disclosure through the relevant part of the Services is lawful.

You acknowledge and agree that Open Foundry personnel may review User Content, including RFQs, drawings and specifications, where reasonably necessary to provide, support, improve, secure or investigate the Services. Open Foundry may also permit access to such information by its employees, affiliates, contractors, subprocessors and professional advisers who have a legitimate need to access the information for these purposes and who are subject to appropriate confidentiality obligations.

Open Foundry will not disclose confidential information except where reasonably necessary to provide the Services, where instructed by you, where disclosure is made to authorised personnel or service providers in accordance with these Terms, or where required by law.

You remain solely responsible for determining whether any User Content is subject to export controls, national security restrictions, confidentiality obligations or other legal restrictions. Open Foundry does not undertake to independently determine whether User Content is subject to such restrictions, and users remain responsible for ensuring that any uploads are lawful.

Open Foundry will use reasonable technical and organisational measures designed to protect the confidentiality and security of User Content. Certain Services may not be suitable for information that is classified, subject to government security requirements or otherwise restricted from processing using commercial cloud services unless expressly agreed in writing by Open Foundry.

6.3 Rights in User Content

As between you and Open Foundry, you retain ownership of your User Content. You grant Open Foundry a non-exclusive, worldwide, royalty-free licence to use, host, reproduce, adapt, process, analyse, transmit and display User Content solely as necessary to provide, operate, secure, maintain and improve the functionality of the Services, provided that customer confidential information is not used to train artificial intelligence models except as expressly permitted below.

Open Foundry does not use customer confidential information, drawings, specifications or other User Content to train artificial intelligence models, except where expressly agreed in writing with the customer or where necessary for security, abuse prevention or legal compliance.

Open Foundry may use third-party artificial intelligence service providers to process User Content in order to provide the Services. Where Open Foundry uses such providers, it will use reasonable measures to select providers that do not use customer confidential information for model training and that implement appropriate security and confidentiality measures. At the date of these Terms, Open Foundry’s policy is not to permit customer confidential information or technical drawings to be used by third-party artificial intelligence providers for model training purposes.

Open Foundry may use automated systems, including artificial intelligence technologies, to analyse User Content for the purpose of extracting requirements, generating supplier matches and providing the Services. Such processing does not transfer ownership of User Content to Open Foundry, and all intellectual property rights in User Content remain with you or your licensors. Where a separate written agreement or non-disclosure agreement between Open Foundry and the customer imposes stricter confidentiality obligations, that agreement shall prevail to the extent of any inconsistency with these Terms.

The Services may use automation, artificial intelligence and third-party systems to generate supplier profiles, website analyses, website previews, Buyer Passport drafts, supplier matches, recommendations, summaries, categorisations, reports and other Outputs.

You acknowledge that Outputs may be incomplete, inaccurate, outdated, misleading or unsuitable for your intended purpose, even where they appear detailed or specific. You must independently verify Outputs before relying on them for commercial, legal, regulatory, technical, financial, safety-critical or procurement decisions.

Open Foundry does not guarantee that any Output, match, profile, ranking, recommendation, website preview or Buyer Passport item is accurate, complete, current or suitable for a particular purpose.

Supplier Subscription Plans may include some or all of the following features, depending on the applicable order, pricing page, quotation or plan description:

• supplier profile creation and hosting;
• supplier dashboard access;
• RFQ receipt, messaging or enquiry management;
• profile analytics and buyer engagement insights;
• Buyer Passport tools or templates;
• website analysis, preview or upgrade options;
• verification or badge-related features;
• recommendations to improve supplier positioning; and
• other supplier tools introduced from time to time.

Current plans, pricing and included features are set out on our pricing page or in an applicable quotation, order form or statement of work. We may change, add or remove features from Supplier Subscription Plans from time to time. Where a change materially reduces the core features of a paid plan during a current billing period, we will use reasonable efforts to provide notice.

Buyer Subscription Plans may include some or all of the following features, depending on the applicable order, pricing page, quotation or plan description:

• supplier search and discovery;
• AI-assisted supplier matching;
• supplier shortlisting and comparison tools;
• RFQ creation, distribution or management;
• access to supplier profiles, Buyer Passports or contact information;
• dashboard, analytics and workflow tools; and
• other buyer tools introduced from time to time.

Current plans, pricing and included features are set out on our pricing page or in an applicable quotation, order form or statement of work. Open Foundry is not a party to contracts or purchase orders entered into between Buyers and Suppliers, unless expressly agreed in a separate written contract signed by Open Foundry.

Buyer Passport Services are intended to help suppliers organise and present information commonly requested by buyers during onboarding, RFQs, supplier approvals and due diligence processes.

Buyer Passport information may be generated from supplier-provided information, public sources, uploaded documents, AI-assisted analysis and Open Foundry templates. Suppliers remain responsible for reviewing, correcting and approving their Buyer Passport information before sharing it with buyers or third parties.

Open Foundry does not guarantee that a Buyer Passport will satisfy any buyer, regulator, auditor, procurement process, certification body or legal requirement. Buyer Passport tools are included within Professional, Hosted Website and Enterprise supplier plans and may be updated by suppliers throughout their subscription term.

11.1 Scope and deliverables

Website Development Services may include website analysis, content extraction, design recommendations, website previews, copywriting support, website design, development, hosting setup, deployment, maintenance and related services.

The specific scope, deliverables, timeline, pricing and assumptions for each website project will be set out in the relevant quotation, order form, statement of work, proposal, invoice or written agreement. In the event of any conflict, the order of precedence shall be: signed agreement, statement of work or order form, quotation, invoice and then these Terms.

11.2 Website previews

Website previews are conceptual demonstrations and may differ from the final delivered website. A preview does not guarantee technical feasibility, exact design, performance, SEO results, buyer conversion, sales outcomes or compatibility with all future content.

11.3 Fees and billing frequency

Unless otherwise agreed in writing, website setup fees are payable as follows: 50% of the setup fee is payable upfront before work commences; and the remaining 50% of the setup fee is payable upon completion of the agreed deliverables and before website launch, transfer, handover or publication.

The applicable Hosting, Maintenance & Support fee and its billing frequency will be specified in the quotation, order form or invoice. Fees may be invoiced monthly, quarterly or annually in advance. Hosting, Maintenance & Support fees commence on the Launch Date.

11.4 What Hosting, Maintenance & Support covers

Hosting, Maintenance & Support covers: hosting and infrastructure management for the website; routine technical maintenance; security patches and dependency updates; monitoring and troubleshooting of faults in the delivered website; and reasonable minor content changes, such as updating existing text, contact details, images or documents within the existing page structure.

Hosting, Maintenance & Support does not include, and will be quoted separately: redesigns or material changes to the visual design; new pages, sections or templates beyond the delivered site structure; new features, functionality, integrations or custom development; migration of the website to another platform or provider; ongoing search engine optimisation, content writing, copywriting, translation or marketing campaigns; and any third-party product, licence, subscription or service that carries its own fee.

Where a request falls outside the scope above, Open Foundry will tell you before carrying out the work and will not incur additional chargeable work without your prior approval.

11.5 Minimum term, renewal and early termination

A Hosted Website Plan has an initial minimum term of twelve (12) months beginning on the Launch Date. For the avoidance of doubt, the initial minimum term does not begin when a deposit is paid, when an order form is signed or when the final setup invoice is issued.

After the initial minimum term, a Hosted Website Plan renews automatically for successive twelve (12) month renewal periods, unless either party gives written notice of non-renewal at least thirty (30) days before the end of the then-current term. This clause applies in place of the seven (7) day cancellation notice in clause 13.3.

Open Foundry may change the fee applicable to a renewal period by giving written notice at least sixty (60) days before the renewal date. If you do not wish to continue at the revised fee, you may give notice of non-renewal in accordance with this clause and the plan will end at the end of the then-current term.

You may not terminate a Hosted Website Plan for convenience during the initial minimum term. If you stop using the website, ask for it to be taken offline, or purport to terminate for convenience during that term, the fees for the remainder of the initial minimum term remain payable and become due on the date of termination. Fees already paid in advance are not refunded on the basis that you have stopped using the service.

This clause does not affect your right to terminate for Open Foundry’s material breach that has not been remedied within thirty (30) days of written notice, or any right to terminate that cannot be excluded by law. Amounts payable under this clause are a genuine pre-estimate of the committed revenue on which the plan is priced, and not a penalty.

11.6 Client responsibilities

You must provide timely access, content, approvals, feedback, brand assets, domain information, hosting information, technical contacts and any other materials reasonably required for the project. Delays in providing these items may delay delivery and may result in additional charges.

You are responsible for the accuracy of all factual statements published on your website, whether you supplied them, approved them, or they were drafted or generated with Open Foundry’s assistance. This includes statements about tolerances, machinery and equipment, production capacity, lead times, materials, processes, certifications and accreditations, quality standards, industries served, client names, locations and company history. You must review the website and confirm that such statements are accurate and not misleading before the Launch Date, and must tell us promptly if any statement becomes inaccurate. Open Foundry does not independently verify these statements, and clause 25 (Indemnity) applies to claims arising from them.

11.7 Revisions and scope changes

The included number of revision rounds is two (2) rounds of reasonable revisions. Additional revisions, new pages, new features, integrations, redesign requests or work outside the agreed scope may be charged separately.

11.8 Ownership of website deliverables

Unless otherwise agreed in writing, ownership of the final website deliverables created specifically for you transfers to you only after all related invoices have been paid in full. Those deliverables are the content, copy, imagery, documents and design assets produced for you. They do not include, and payment in full does not transfer, the platform that renders and serves your website.

Open Foundry retains ownership of its underlying platform, reusable code, design system, templates, components, libraries, build and deployment infrastructure, methods, processes and know-how. An Open Foundry-hosted website is provided as a hosted service: you receive a licence to use it for as long as the plan is active, and you do not receive ownership of the source code, components, templates or hosting infrastructure. Clause 11.10 sets out how you may keep the website if you do not wish to continue the plan.

11.9 What happens when hosting ends

When a Hosted Website Plan ends, you retain your domain and all customer-owned assets, including your text content, images, photography, videos, logos, branding, documents and other materials you supplied or that were created specifically for you and paid for in full. On request, Open Foundry will provide an export of that content and reasonable cooperation with a migration to another provider. Cooperation beyond a reasonable level of assistance may be chargeable at our then-current rates.

You do not receive, and no licence is granted to, Open Foundry’s reusable code, frameworks, design system, templates, components, build and deployment infrastructure, hosting configuration or proprietary tooling. The licence to use the Open Foundry-hosted website ends when the plan ends, and the website will cease to be hosted by us unless you purchase a Website Buy-Out under clause 11.10.

11.10 Keeping the website when the plan ends (Website Buy-Out)

If you do not wish to continue Hosting, Maintenance & Support but want to keep your website, you may request a Website Buy-Out. The fee is not fixed in advance. Open Foundry will consider any request in good faith and quote a one-off fee at that time, reflecting matters such as the scope and complexity of the website, the work involved in preparing the export, and the stage at which the request is made. A Website Buy-Out takes effect only where the initial minimum term has been completed, all invoices are paid in full, the buy-out has been agreed in writing, and the quoted fee has been paid.

On payment, Open Foundry will deliver a Static Export of your website — the rendered pages, stylesheets, scripts, images and other assets as published at the date of export — in a form you can host with a provider of your choice. Open Foundry grants you a perpetual, non-exclusive, worldwide licence to host, use, modify and maintain that Static Export as your own website.

A Website Buy-Out does not include: the source components, templates, design system, frameworks, build or deployment infrastructure or other tooling used to produce the website; any right to reuse, distribute, resell, sublicense or make available the design system or its components other than as part of your own website; editing, analytics, RFQ or other features provided through the Open Foundry platform; or any further hosting, maintenance, updates or support.

The Static Export is provided as-is. From delivery, you are responsible for hosting, security, updates, backups and any further development. Assistance beyond delivery of the export may be charged at our then-current rates.

11.11 Domain ownership

Where you own or provide the domain, it remains yours at all times, including where Open Foundry manages its DNS, nameservers, certificates or email routing during the term. Open Foundry claims no ownership of your domain and will, on request and on termination, release DNS control and provide the information reasonably required to transfer management to you or another provider. Where Open Foundry registers a domain on your behalf, it will be transferred to you on request once all related invoices are paid in full.

11.12 Hosting, availability and third-party infrastructure

Hosting, maintenance, backups, security updates and support response times are subject to the applicable plan or written agreement. Open Foundry will use commercially reasonable efforts to keep your website available, but standard website plans do not carry a guaranteed uptime level or service level agreement, and none is provided unless separately purchased and agreed in writing. Support is provided on a reasonable endeavours basis during normal UK business hours. Open Foundry may perform periodic backups but does not guarantee the availability, completeness or restoration of backups.

Websites are delivered using third-party infrastructure, which may include hosting, cloud, database, CDN, email and analytics providers (see clause 15). Open Foundry is not liable for outages, degradation, suspension or changes in service by those providers where these are outside our reasonable control. Third-party costs that form part of the plan are included in the fee; any additional paid third-party product or service required for your website will be identified and approved by you before it is incurred, and charged in addition.

11.13 No guarantee of rankings or commercial results

Open Foundry may configure technical search engine optimisation as part of a website build, but does not guarantee search engine rankings, indexing, traffic, enquiries, RFQs, quotations, conversions, customers or revenue. The disclaimers in clause 23 apply to Website Development Services in full.

Enterprise Services may include bespoke sourcing, supplier research, supplier verification, onsite visits, audit support, procurement consulting, supplier development, production support, dispute support, market mapping and other custom work.

Enterprise Services will be governed by these Terms unless a separate written agreement, order form or statement of work expressly states otherwise. Enterprise Services may be charged on a fixed-fee, day-rate, retainer, success-fee or other basis as agreed in writing. Reasonable travel, accommodation and third-party costs may be charged in addition to professional fees.

13.1 Fees and billing

You are responsible for paying all fees, charges and taxes applicable to the Services you purchase or use. Fees may be set out on our website, in Stripe checkout, in an invoice, in a quotation, in an order form or in a separate written agreement. Accepted payment methods include Stripe and bank transfer. You must provide complete and accurate billing information and confirm that you are authorised to use the relevant payment method.

13.2 Subscriptions and automatic renewal

If you purchase a subscription, it will start on the date stated during checkout, in the order form, quotation or invoice, and will continue for the initial subscription term. Unless cancelled in accordance with these Terms or the applicable order process, subscriptions automatically renew for successive renewal terms of the same duration. Professional supplier subscriptions are monthly and renew automatically until cancelled. Hosted Website Plans have an initial minimum term of twelve (12) months beginning on the Launch Date and renew for successive twelve (12) month periods; their term, renewal, notice periods and early termination are governed by clause 11.5, which prevails over this clause and clause 13.3 in the event of any inconsistency.

13.3 Cancellation

You may cancel a subscription by written notice to legal@openfoundry.app. To avoid renewal, cancellation must be completed at least seven (7) days before the renewal date, except for Hosted Website Plans, where the thirty (30) day notice period in clause 11.5 applies. Unless otherwise required by law or expressly agreed in writing, cancellation does not entitle you to a refund of fees already paid, and access may continue until the end of the paid billing period.

13.4 Invoices

Invoices are payable within fourteen (14) days of the invoice date unless the invoice states otherwise. We may suspend or restrict access to the Services, withhold deliverables, pause project work or disable hosted services if invoices are overdue.

13.5 Late payment

For business customers, we may charge interest and compensation for late payment as permitted by applicable law, including in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

13.6 Taxes

Fees are exclusive of VAT, GST, sales tax, withholding tax and other applicable taxes unless stated otherwise. You are responsible for applicable taxes except for taxes based on our net income.

Except as expressly stated in these Terms, in an applicable order process or where required by law, fees are non-refundable. For custom work, including Website Development Services, Buyer Passport Services and Enterprise Services, deposits and upfront payments are non-refundable once work has commenced.

The Services may use or integrate with third-party services, including payment processors, hosting providers, analytics providers, email providers, AI providers, communications tools and data sources. We do not control third-party services and are not responsible for losses arising from them, except to the extent required by law.

Open Foundry currently uses providers including Stripe, Vercel, Supabase, Anthropic, OpenAI, Resend and Microsoft 365.

Supplier profiles and related information may be created from supplier-provided information, public sources, third-party sources, automated analysis and Open Foundry research. Such information may be incomplete, inaccurate, outdated or unverified.

Suppliers are responsible for reviewing and correcting their own profile information. Buyers are responsible for conducting their own due diligence before entering into any commercial relationship with a supplier.

A verification badge, if provided, means only that Open Foundry has completed certain checks determined by Open Foundry at that time. It is not a guarantee of quality, capability, capacity, compliance, financial standing, delivery performance or future conduct. Verification may include company existence checks, capability reviews, certificate reviews, site visits and audits.

Open Foundry is not a manufacturer, buyer, supplier, broker, agent, distributor, importer, exporter or party to any manufacturing contract between Buyers and Suppliers unless expressly agreed in a separate written contract signed by Open Foundry.

We are not responsible for defective products, late deliveries, quality issues, failed audits, failed qualifications, insolvency, non-payment, intellectual property disputes, export control issues, customs issues, regulatory issues, warranty claims, product liability claims or other disputes between Buyers and Suppliers.

Any contract, purchase order, NDA, quality agreement, specification, delivery term, warranty, payment term or other arrangement between a Buyer and Supplier is solely between those parties.

18.1 Open Foundry property

Open Foundry and its licensors retain all rights, title and interest in the Services, platform, software, databases, website, workflows, design systems, templates, source code, algorithms, methods, processes, know-how, trade marks, branding and other proprietary materials.

18.2 Your property

You retain ownership of your pre-existing materials, including your own logos, trade marks, drawings, specifications, documents, product images, company information and other User Content.

18.3 Feedback

If you provide ideas, suggestions, comments, corrections or other feedback, we may use that feedback without restriction or payment to you, provided we do not disclose your confidential information except as permitted by these Terms or applicable law.

18.4 Use of Open Foundry brand

You may not use the Open Foundry name, logo, branding or trade marks in a way that implies endorsement, partnership or sponsorship without our prior written consent.

Each party may receive confidential information from the other. The receiving party must use reasonable care to protect confidential information and may use it only for purposes connected with the Services, unless disclosure is authorised by the disclosing party or required by law.

Confidential information does not include information that is public, already known to the receiving party without restriction, independently developed, or lawfully received from a third party without confidentiality obligations. Separate NDAs may be entered into where required and shall prevail over these Terms to the extent of any inconsistency.

We will process personal data in accordance with our Privacy Policy and applicable data protection laws. A Data Processing Addendum is available. Depending on the circumstances, Open Foundry may act as either a data controller or a data processor.

The Services are evolving. We may add, remove, modify, suspend or discontinue features, plans, capacity limits, workflows, user interfaces or integrations from time to time.

Some features may be labelled or treated as beta, preview, experimental or early access features. Such features are provided as-is and may be changed, withdrawn or made paid without notice. No uptime commitment or service level agreement is provided unless expressly agreed in writing.

You may stop using the Services at any time. Subscription cancellation and refund rights are governed by the payment and subscription sections above. We may suspend or terminate your access to the Services, remove content, pause projects, disable hosted services or terminate these Terms if:

• you fail to pay fees when due;
• you breach these Terms or any applicable policy;
• we reasonably suspect fraud, misuse, unlawful activity or security risk;
• we are required to do so by law, regulator, court order or payment provider;
• your use of the Services may expose Open Foundry, users or third parties to liability or harm; or
• you become insolvent, cease trading or are unable to pay your debts.

On termination, your right to access and use the Services will end. Any fees already accrued remain payable. Sections that by their nature should survive termination will continue to apply, including payment obligations, confidentiality, intellectual property, disclaimers, liability limits, indemnities and dispute provisions.

The Services are provided on an “as is” and “as available” basis to the fullest extent permitted by law. We do not warrant that the Services will be uninterrupted, error-free, secure, accurate, complete, current or suitable for your intended purpose.

We do not guarantee that the Services will generate leads, sales, RFQs, supplier responses, buyer responses, completed transactions, improved search rankings, website traffic, conversion rates, business opportunities or revenue.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot be excluded or limited under applicable law.

Subject to the above, Open Foundry’s total aggregate liability arising out of or in connection with the Services and these Terms shall not exceed the total fees paid by you in the twelve (12) months preceding the event giving rise to the claim.

Subject to the above, Open Foundry will not be liable for indirect, consequential, special or punitive losses, or for loss of profit, revenue, business, contracts, anticipated savings, goodwill, data, production, opportunity, reputation or commercial advantage.

You agree to indemnify and hold harmless Open Foundry from and against losses, claims, damages, liabilities, costs and expenses arising from or relating to:

• your User Content;
• your breach of these Terms;
• your infringement or alleged infringement of third-party rights;
• your unlawful disclosure of confidential, restricted, export-controlled or third-party information;
• your misuse of the Services; or
• manufacturing, procurement or commercial disputes between Buyers and Suppliers.

You must comply with all applicable export control, sanctions, anti-bribery, anti-corruption, modern slavery, customs and trade compliance laws. You must not use the Services in connection with prohibited parties, prohibited territories, restricted goods or unlawful transactions.

The Services are not designed or authorised for the storage, transmission or processing of classified information unless expressly agreed by Open Foundry in writing.

We may update these Terms from time to time, including to reflect changes to the Services, pricing, legal requirements, security practices or business operations. Where changes materially affect your rights or obligations, we will use reasonable efforts to provide advance notice, such as by email or by posting a notice on our website. Where reasonably practicable, Open Foundry will provide thirty (30) days’ notice of material changes.

If you continue to use the Services after updated Terms take effect, you will be deemed to have accepted the updated Terms.

28.1 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms as part of a merger, acquisition, reorganisation, sale of assets or by operation of law.

28.2 Entire agreement

These Terms, together with any order form, quotation, statement of work, invoice and policy expressly incorporated by reference, form the entire agreement between you and Open Foundry regarding the Services.

28.3 Order of precedence

If there is a conflict between documents, the order of precedence will be: signed agreement, statement of work or order form, quotation, invoice, these Terms and finally the website pricing page.

28.4 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

28.5 No waiver

A failure or delay in enforcing any right or provision of these Terms does not waive that right or provision.

28.6 Force majeure

We will not be liable for delay or failure to perform caused by events beyond our reasonable control, including outages, cyber incidents, labour disputes, supplier failures, payment processor failures, hosting provider failures, natural disasters, war, terrorism, epidemics, regulatory action or changes in law.

These Terms and any dispute or claim arising out of or in connection with them are governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction over disputes arising from or connected with these Terms.

If you have questions, complaints or notices relating to these Terms, please contact us using the details below:

• Legal/contact email: legal@openfoundry.app
• Postal address: 167-169 Great Portland Street, London, England, W1W 5PF
• Support/contact page: https://openfoundry.app/contact

The following summarises the current plans and services. Commercial details (plan names, prices, included limits and cancellation terms) are set out on our pricing page or in the applicable order form and may be updated from time to time.