Foundational Creations

Terms of Service

Last updated: December 23, 2024

Welcome to Foundational Creations. These Terms of Service ("Terms") govern your access to and use of the Foundational Creations website (foundationalcreations.com) and our mobile applications, including Recappp, Radius, and any other applications we develop (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

1. Acceptance of Terms

By creating an account, downloading our applications, or otherwise using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Eligibility

You must be at least 13 years old (or 16 in certain jurisdictions) to use our Services. By using our Services, you represent and warrant that you meet this age requirement. If you are under 18, you represent that you have your parent or guardian's permission to use the Services.

3. Account Registration

Some features of our Services require you to create an account. When you create an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized access
  • Accept responsibility for all activities under your account

We reserve the right to suspend or terminate accounts that violate these Terms or that we believe are being used fraudulently.

4. Use of Services

4.1 License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal, non-commercial purposes. This license does not include the right to:

  • Modify, copy, or create derivative works of the Services
  • Reverse engineer, decompile, or disassemble any part of the Services
  • Sell, sublicense, or transfer the Services to third parties
  • Use the Services for any unlawful purpose

4.2 Prohibited Conduct

You agree not to:

  • Violate any applicable laws, regulations, or third-party rights
  • Upload or transmit viruses, malware, or other harmful code
  • Interfere with or disrupt the Services or servers
  • Attempt to gain unauthorized access to any part of the Services
  • Use automated systems (bots, scrapers) without permission
  • Harass, abuse, or harm other users
  • Impersonate any person or entity
  • Collect user information without consent
  • Use the Services for spam or unauthorized advertising

5. User Content

5.1 Your Content

Our Services may allow you to upload, submit, or store content ("User Content"). You retain ownership of your User Content, but you grant us a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and display your User Content solely for the purpose of providing and improving the Services.

5.2 Content Responsibility

You are solely responsible for your User Content and the consequences of sharing it. You represent that you have all necessary rights to upload and share your content and that it does not violate any laws or third-party rights.

5.3 Content Removal

We reserve the right to remove any User Content that violates these Terms or that we deem inappropriate, without prior notice.

6. Intellectual Property

The Services, including all content, features, and functionality (such as text, graphics, logos, icons, images, audio, software, and design), are owned by Foundational Creations or our licensors and are protected by copyright, trademark, and other intellectual property laws.

The Foundational Creations name, logo, and all related marks are trademarks of Foundational Creations. You may not use our trademarks without prior written permission.

7. Third-Party Services and Integrations

Our Services may integrate with or contain links to third-party services, including:

  • Music streaming services (Spotify, Apple Music)
  • Photo libraries (Apple Photos, Google Photos)
  • Financial services and aggregators
  • Social media platforms

Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for the content, accuracy, or practices of third-party services.

8. Payments and Subscriptions

Some features of our Services may require payment. By making a purchase or subscribing, you agree to:

  • Pay all applicable fees and taxes
  • Provide accurate payment information
  • Authorize us to charge your payment method

8.1 Subscriptions

Subscriptions automatically renew unless cancelled before the renewal date. You can manage your subscription through the app store where you made the purchase (Apple App Store or Google Play Store).

8.2 Refunds

Refund requests are handled according to the policies of the platform where you made the purchase. For in-app purchases, please contact Apple or Google directly. For direct purchases, contact us at support@foundationalcreations.com.

9. App Store Terms

If you download our apps from the Apple App Store or Google Play Store, you also agree to comply with their respective terms of service:

  • Apple App Store Terms of Service
  • Google Play Terms of Service

In the event of a conflict between these Terms and the app store terms, the app store terms will prevail with respect to the app downloaded from that store.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, or secure. We do not guarantee the accuracy, completeness, or usefulness of any content.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOUNDATIONAL CREATIONS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify, defend, and hold harmless Foundational Creations and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your User Content

13. Termination

We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. You may terminate your account at any time by contacting us or through the account settings in our apps.

Upon termination, your right to use the Services will immediately cease. Provisions that by their nature should survive termination shall survive, including intellectual property, disclaimers, limitations of liability, and indemnification.

14. Dispute Resolution

Any disputes arising from or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding.

You agree to resolve disputes on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Services after changes are posted constitutes your acceptance of the modified Terms.

17. General Provisions

  • Entire Agreement: These Terms constitute the entire agreement between you and Foundational Creations regarding the Services.
  • Severability: If any provision is found unenforceable, the remaining provisions will continue in effect.
  • Waiver: Our failure to enforce any provision does not constitute a waiver of that provision.
  • Assignment: You may not assign your rights under these Terms without our written consent.

18. Contact Us

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

Foundational Creations
Email: legal@foundationalcreations.com
Website: foundationalcreations.com