These Terms of Service also serve as the End-User License Agreement (EULA) for the Founded app. Section 15 contains additional terms required for apps downloaded from the Apple App Store. Please read them carefully.
- Acceptance of terms
- Eligibility
- License to use the App
- Subscriptions, free trial & billing
- Cancellation & refunds
- Acceptable use
- Intellectual property
- Devotional content disclaimer
- Third-party services
- Disclaimer of warranties
- Limitation of liability
- Indemnification
- Termination
- Governing law
- Apple App Store terms
- General
- Contact
1. Acceptance of terms
These Terms of Service (the "Terms") are a binding agreement between you and Founded, operated by Russell Creative Group, LLC ("Founded," "we," "us"), governing your use of the Founded mobile application (the "App") and the website at foundedapp.com (the "Site"). By downloading, accessing, or using the App or Site, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the App or Site.
2. Eligibility
You must be at least 13 years old (or the minimum age of digital consent in your country) to use the App. If you are under the age of majority where you live, you may use the App only with the involvement of a parent or legal guardian who agrees to these Terms.
3. License to use the App
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the App on Apple-branded devices that you own or control, and to access its content, solely for your own personal, non-commercial use. All rights not expressly granted are reserved by us and our licensors.
4. Subscriptions, free trial & billing
Founded offers an auto-renewable subscription that unlocks the full library, audio narration, and other premium features, and may begin with a free trial. The following terms apply:
- Price and length of the subscription are shown in the App at the point of purchase and may vary by region and offer.
- Payment is charged to your Apple ID account upon confirmation of purchase.
- Auto-renewal: your subscription automatically renews for the same period at the then-current price unless you cancel it at least 24 hours before the end of the current period. Your Apple ID account is charged for renewal within 24 hours prior to the end of the current period.
- Free trial: if you begin a free trial and do not cancel at least 24 hours before it ends, your subscription will automatically begin and your Apple ID will be charged. Any unused portion of a free trial is forfeited when you purchase a subscription, where applicable.
- Managing your subscription: you can view, manage, or cancel your subscription and turn off auto-renewal in your Apple ID account settings after purchase.
5. Cancellation & refunds
You may cancel at any time through your Apple ID account settings; cancellation takes effect at the end of the current billing period, and you will retain access until then. Payments are processed by Apple, and refunds are handled by Apple in accordance with its policies. We generally cannot issue refunds directly. To request a refund, contact Apple Support. Nothing in these Terms limits any non-waivable statutory rights you may have.
6. Acceptable use
You agree not to:
- Copy, reproduce, distribute, publicly display, or create derivative works from the App or its content except as expressly permitted;
- Reverse engineer, decompile, or attempt to extract the source code of the App, except to the extent permitted by law;
- Sell, rent, lease, sublicense, or otherwise commercialize the App or its content;
- Use the App for any unlawful purpose or in violation of these Terms; or
- Interfere with or disrupt the integrity or security of the App.
7. Intellectual property
The App and its content — including text, devotional writing, design, graphics, logos, the "Founded" name and marks, and audio — are owned by us or our licensors and are protected by intellectual-property laws. Scripture quotations are from the Holy Bible, New International Version (NIV), used under its applicable license. Photography is provided via Pexels under its license. Your license to use the App does not transfer any ownership rights to you.
8. Devotional content disclaimer
Founded provides devotional, spiritual, and educational content. It is not professional advice and is not a substitute for professional medical, mental-health, financial, legal, or other advice. Do not disregard or delay seeking professional guidance because of anything you read or hear in the App. If you are in crisis, contact a qualified professional or emergency services. You are solely responsible for decisions you make in reliance on the content.
9. Third-party services
The App relies on third-party services, including Apple, for distribution, in-app purchases, and certain functionality. Your use of those services is subject to their respective terms and privacy policies. We are not responsible for third-party services.
10. Disclaimer of warranties
THE APP AND ITS CONTENT ARE 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 APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOUNDED AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE APP WILL NOT EXCEED THE AMOUNT YOU PAID US (OR THROUGH APPLE FOR THE APP) IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE, OR USD $50, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE MAY NOT APPLY TO YOU.
12. Indemnification
You agree to indemnify and hold harmless Founded and its affiliates from any claims, losses, liabilities, and expenses (including reasonable legal fees) arising out of your misuse of the App or your violation of these Terms or applicable law.
13. Termination
These Terms remain in effect while you use the App. We may suspend or terminate your access if you violate these Terms or if we discontinue the App. You may stop using the App and delete it at any time. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and indemnification) will survive.
14. Governing law
These Terms are governed by the laws of the State of Texas, USA, without regard to its conflict-of-laws rules. Any dispute will be resolved in the state or federal courts located in Travis County (Austin), Texas, unless applicable law requires otherwise or grants you rights to bring a claim in your local jurisdiction.
15. Apple App Store terms
This section applies to the App you obtain through the Apple App Store, in addition to the rest of these Terms. In the event of a conflict, this section controls with respect to your App Store use.
- Acknowledgement. These Terms are between you and Founded only, and not with Apple. Founded, not Apple, is solely responsible for the App and its content.
- Scope of license. The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you via Family Sharing or volume purchasing.
- Maintenance and support. Founded is solely responsible for providing any maintenance and support services for the App. Apple has no obligation to furnish any maintenance and support services.
- Warranty. Founded is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) for the App. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
- Product claims. Founded, not Apple, is responsible for addressing any claims relating to the App or your use of it, including: (i) product-liability claims; (ii) any claim that the App fails to conform to a legal or regulatory requirement; and (iii) claims arising under consumer-protection, privacy, or similar legislation.
- Intellectual property. In the event of any third-party claim that the App or your use of it infringes that party's intellectual-property rights, Founded, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
- Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist-supporting," and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- Developer contact. Questions, complaints, or claims regarding the App should be directed to Founded at dawson@dawsonrussell.com.
- Third-party terms. You must comply with applicable third-party terms of agreement when using the App.
- Third-party beneficiary. You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
16. General
These Terms, together with our Privacy Policy, are the entire agreement between you and us regarding the App. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce any right is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. We may update these Terms from time to time; when we do, we will revise the "Last updated" date, and your continued use constitutes acceptance.
17. Contact
Founded
Email: dawson@dawsonrussell.com
Web: www.foundedapp.com