Terms of Service

These Terms of Service govern access to and use of Fossaris by dealerships and their authorized personnel. Certain portions of these Terms, including the SMS Messaging Terms below, also apply to consumers who receive communications or services through Fossaris where expressly stated.

1. Who These Terms Are Between

Fossaris is provided by Foundry & Grit, LLC, a single-member Alabama limited liability company with its principal office at:

In these Terms, “Foundry & Grit,” “Fossaris,” “we,” “us,” and “our” refer to Foundry & Grit, LLC as applicable.

For dealership use, these Terms form an agreement between Foundry & Grit and the dealership or other business organization authorized to use Fossaris (“Dealership,” “you,” or “your”). They also apply to persons the Dealership authorizes to access Fossaris on its behalf.

If you use Fossaris on behalf of a Dealership, you represent that you are authorized to do so and, where applicable, to bind the Dealership to these Terms.

2. Customers Who Receive Something Through Fossaris

Except where a section expressly states otherwise, these Terms govern a Dealership’s use of Fossaris and are not the terms governing an individual coupon, promotion, digital pass, vehicle offer, service offer, or other benefit provided to a customer.

The terms of an individual offer — including what it provides, exclusions or restrictions, expiration, eligibility, redemption conditions, and participating location — are the terms presented with that offer.

Nothing in these Terms changes or overrides those individual offer terms.

The Dealership issuing an offer is the business making and honoring it. Foundry & Grit provides technology that may be used to create, communicate, deliver, manage, or redeem the offer but is not responsible for providing the underlying vehicle, service, discount, incentive, product, or other benefit.

3. The Fossaris Service

Fossaris is a hosted dealership customer-engagement and communications platform.

Depending on the features made available to a Dealership, Fossaris may permit authorized users to:

• create and manage coupons, offers, promotions, and digital passes;
• create Apple Wallet and Google Wallet passes;
• distribute content through email, SMS/MMS, web links, QR codes, digital-wallet platforms, or other supported channels;
• communicate with customers;
• receive and manage customer responses;
• create, upload, store, manage, and distribute photographs, videos, graphics, and other media;
• maintain dealership and personal content libraries;
• create or manage templates;
• use artificial-intelligence-assisted content tools;
• manage customers, users, permissions, and dealership configuration;
• track delivery, viewing, installation, engagement, redemption, or similar activity;
• generate reports or operational information; and
• use other customer-engagement or dealership-management features made available through Fossaris.

Features may be added, changed, limited, suspended, or discontinued as Fossaris develops.

Subject to these Terms, we grant a Dealership a limited, non-exclusive, non-transferable, non-sublicensable right to use Fossaris for its internal dealership operations during the term of its relationship with us.

Fossaris is presently in active development and may include pilot or beta functionality. Unless separately agreed in writing, we do not promise a particular service level, uptime percentage, feature availability, or support response time.

Any applicable fees are those separately agreed between the Dealership and Foundry & Grit in writing. If no fee has been agreed, authorized pilot use may be provided without charge.

4. Customer Information

The Dealership determines what customer information is entered into Fossaris and how it directs Fossaris to use that information.

The Dealership represents and warrants that:

• it has a lawful basis to collect, possess, use, and provide to Fossaris all personal information it submits;
• it will use customer information through Fossaris only for lawful dealership purposes;
• its use will be consistent with applicable notices, permissions, consents, and restrictions;
• it will comply with applicable privacy, consumer-protection, marketing, and communications laws;
• it will not use unlawfully obtained, scraped, purchased, rented, or otherwise improperly acquired contact information for messaging through Fossaris; and
• it will reasonably cooperate with requests necessary to investigate complaints, opt-outs, consent questions, or regulatory issues relating to its communications.

As between a Dealership and Foundry & Grit, the Dealership determines the purposes for which its customer information is processed, and Foundry & Grit processes that information to provide Fossaris and as otherwise described in applicable privacy notices and agreements.

Our Privacy Policy provides additional information concerning our processing of personal information.

5. Dealership Communications

Fossaris may provide tools for sending or facilitating email, SMS/MMS, and other customer communications.

The Dealership determines the recipient, purpose, timing, and content of communications it initiates through Fossaris.

The Dealership is responsible for ensuring each communication is lawful and authorized.

For SMS and MMS communications, the Dealership is responsible for:

• obtaining consent before sending messages when consent is required;
• obtaining the form and level of consent required for the particular message type;
• obtaining prior express written consent where required for marketing or promotional messages;
• keeping adequate evidence showing when, how, from whom, and for what purpose consent was obtained;
• keeping marketing consent separate from informational or transactional consent where required;
• identifying itself appropriately as the sender;
• providing required disclosures concerning message frequency, charges, opt-out instructions, or other matters;
• honoring revocation of consent and opt-out requests promptly;
• not contacting persons whose messaging consent has been withdrawn unless they subsequently provide valid consent again; and
• not bypassing or attempting to circumvent Fossaris suppression, compliance, carrier, rate-limit, or anti-abuse controls.

The fact that Fossaris technically permits a communication to be sent does not establish that the Dealership has legal authority to send it.

Fossaris may provide consent records, suppression controls, opt-out processing, templates, warnings, or similar compliance-related tools. Those features assist the Dealership but do not replace its responsibility to comply with applicable law and messaging-provider requirements.

6. SMS and MMS Messaging

This Section 6 applies to SMS and MMS communications sent through Fossaris or through messaging services supporting Fossaris.

6.1 The Dealership Is the Sender

Fossaris provides technology a Dealership may use to send SMS or MMS communications to its own customers and to other recipients it is authorized to contact.

The Dealership is the business on whose behalf each message is sent. It determines the recipient, purpose, timing, and content of the message, and it is responsible for each message being lawful and authorized.

Foundry & Grit provides the mechanism. It is not the sender of a Dealership’s communications and does not select the recipients of those communications.

6.2 Consent Is the Dealership’s Responsibility

Where consent is required for a communication, the Dealership is responsible for obtaining it before the message is sent, in the form and at the level required by applicable law and messaging-provider requirements for that type of message.

Where prior express written consent, or another affirmative form of consent, is required, the Dealership must obtain that consent and retain a record of it.

The Dealership is responsible for keeping adequate evidence showing when, how, from whom, and for what purpose consent was obtained.

The fact that Fossaris technically permits a communication to be sent does not establish that the Dealership has legal authority to send it.

6.3 A Telephone Number Alone Is Not Marketing Consent

Providing a mobile telephone number does not, by itself, enroll a person in promotional or marketing text messaging.

None of the following establishes, by itself, whatever consent may be required for marketing or promotional text messages:

• providing a telephone number;
• submitting a vehicle inquiry;
• requesting information;
• visiting a Dealership;
• scheduling an appointment;
• purchasing or leasing a vehicle;
• obtaining service from a Dealership; or
• having an existing or previous customer relationship with a Dealership.

6.4 Informational and Marketing Consent Are Treated Separately

Informational or transactional consent and marketing or promotional consent are each treated according to the requirements applicable to them.

Consent for an informational or transactional communication does not automatically constitute consent for unrelated marketing or promotional messages. Where applicable requirements call for marketing consent to be kept separate from informational or transactional consent, the Dealership must keep it separate.

Consent to receive marketing text messages must not be made a condition of purchasing or leasing a vehicle, purchasing goods or services, obtaining financing, receiving service, or otherwise doing business with a Dealership where applicable law prohibits that condition.

6.5 Recording Consent and Affirmative Opt-In

Fossaris may provide mechanisms for recording consent and for collecting an affirmative SMS opt-in, including support for an affirmative reply such as YES to a consent request.

Where a consent request is sent by text message, it may identify the Dealership, describe the types of messages the recipient is agreeing to receive, state that message frequency varies and that message and data rates may apply, state that consent is not a condition of purchase, provide access to applicable terms and privacy information, and explain how to consent.

Consent applies only to the sender and the subject matter disclosed when consent was obtained.

Fossaris may provide consent records, suppression controls, opt-out processing, templates, warnings, or similar compliance-related tools. Those features assist the Dealership but do not replace its responsibility to comply with applicable law and messaging-provider requirements.

6.6 Message Frequency and Charges

Message frequency varies depending on the Dealership, the communications a recipient has requested or agreed to receive, and the recipient’s interactions with that Dealership.

Message and data rates may apply.

Recipients should consult their wireless service provider regarding applicable messaging or data charges.

6.7 Opt-Out and Suppression

A recipient may revoke consent to SMS communications at any time.

Fossaris and its messaging providers may process standard opt-out commands, including STOP, and may recognize additional opt-out expressions where supported.

The recipient may receive one final message confirming that the opt-out request has been processed.

Fossaris and the Dealership may maintain suppression records necessary to honor an opt-out even when other customer information is later deleted.

A Dealership must honor an opt-out and must not bypass, circumvent, or attempt to work around a suppression record, an opt-out control, or a related safeguard.

6.8 Re-Enrollment After an Opt-Out

After an opt-out is processed, marketing text messages covered by that opt-out will not be sent unless the recipient subsequently provides valid consent to receive them again.

Re-enrollment requires a new affirmative consent that satisfies the requirements applicable to the communications the recipient wishes to receive.

A previous customer relationship, previous consent, or prior enrollment does not by itself reactivate marketing messaging after an opt-out.

6.9 Help and Assistance Requests

Supported messaging programs may respond to HELP requests with appropriate assistance information.

Each Dealership is responsible for identifying itself as the sender and for providing its own contact information to the recipients of its messages, as described in Section 7.

6.10 Mobile Information and SMS Consent Data

Mobile telephone information, SMS opt-in information, and SMS consent information are handled as described in our Privacy Policy, and will not be sold or shared with third parties or affiliates for their own marketing or promotional purposes.

Service providers may receive or process such information solely as reasonably necessary to provide messaging, hosting, communications, security, compliance, or other services on behalf of Foundry & Grit or the applicable Dealership.

This restriction does not prevent disclosure when required by law or reasonably necessary to investigate fraud, abuse, security incidents, or unlawful activity.

6.11 Wireless Carriers and Message Delivery

Wireless carriers are not liable for delayed or undelivered messages.

Message delivery is subject to wireless-network availability, carrier filtering, messaging-provider availability, device compatibility, and other circumstances outside the control of Foundry & Grit and the Dealership.

6.12 Recipients of Dealership Messages

The provisions of this Section 6 concerning consent, opt-out, message frequency, charges, and message delivery apply to the recipients of messages sent through Fossaris, even though the remainder of these Terms primarily governs Dealership use of Fossaris.

A recipient’s participation in a Dealership’s messaging program does not make the recipient a party to the commercial agreement between Foundry & Grit and that Dealership.

7. Dealership Messaging Programs

Fossaris may support SMS communications for more than one Dealership.

Each participating Dealership is responsible for providing appropriate consumer-facing messaging terms, privacy disclosures, sender identification, consent procedures, contact information, and opt-out mechanisms applicable to its own messaging program.

A Dealership may not represent that these Terms, or another Dealership’s messaging program terms, authorize messaging on behalf of it or any other business.

8. Offers, Coupons, and Redemption

Dealerships determine the content, value, eligibility, restrictions, expiration, and other terms of offers created through Fossaris.

The issuing Dealership is responsible for:

• the accuracy of the offer;
• the legality of the offer;
• the goods or services promised;
• eligibility requirements;
• any advertised discount or benefit; and
• honoring a valid offer according to the terms presented to the customer.

Where Fossaris designates an offer as single-use, Fossaris may prevent or record subsequent redemption attempts.

Where the Dealership configures household-based eligibility or other eligibility rules, those rules may be reflected in the offer.

Unless an individual offer states otherwise, coupons and similar benefits have no cash value and expire according to the terms shown with the offer.

Foundry & Grit provides the technical mechanism. The Dealership provides and is responsible for the economic value of its offer.

9. Digital Passes and Wallet Platforms

Fossaris may create, sign, issue, update, distribute, deactivate, or otherwise manage digital passes for Apple Wallet, Google Wallet, or other supported platforms.

The Dealership authorizes Foundry & Grit to use the content necessary to create and operate those passes on its behalf.

The Dealership represents that it has all rights and permissions necessary for us to use any names, trademarks, logos, photographs, graphics, offer information, or other material it directs us to include in a digital pass.

Apple Wallet and Google Wallet are third-party platforms operated by Apple and Google respectively.

Their:

• rules;
• availability;
• review processes;
• device compatibility;
• technical behavior;
• design requirements; and
• policies

are outside our control and may change.

We do not guarantee that any particular digital pass will be accepted, installed, displayed, updated, retained, or presented in a particular way by a third-party wallet platform.

10. Dealership Content and Media

“Dealership Content” includes material supplied by a Dealership or its authorized users other than customer personal information, including:

• logos;
• trademarks;
• offer copy;
• templates;
• photographs;
• graphics;
• audio;
• videos;
• documents; and
• other media.

The Dealership retains ownership of its Dealership Content.

The Dealership grants Foundry & Grit a non-exclusive license to host, copy, store, process, format, crop, resize, compress, transcode, create previews or thumbnails from, transmit, display, and otherwise use Dealership Content as reasonably necessary to provide, maintain, secure, improve, and support Fossaris for that Dealership.

The Dealership represents that it has all rights, licenses, permissions, and consents necessary to provide Dealership Content and authorize these uses.

This includes obtaining any permission required from employees, customers, vehicle owners, photographers, speakers, or other persons whose name, image, voice, likeness, vehicle, property, or material appears in content uploaded to Fossaris.

The Dealership must not upload material that:

• is unlawful;
• infringes intellectual-property or privacy rights;
• is deceptive or fraudulent;
• contains malware or malicious code;
• violates another person’s rights; or
• the Dealership does not have authority to use.

11. Video and Media Communications

Fossaris may permit Dealership users to record, upload, store, manage, and send videos or other media.

Media may include dealership-created videos, employee introductions, vehicle walkaround videos, educational materials, customer-specific recordings, vehicle appraisal materials, and other authorized content.

Fossaris may process uploaded media as reasonably necessary for delivery, including compression, transcoding, generation of thumbnails or moving previews, streaming, hosting, or format conversion.

Media may be subject to:

• file-size limits;
• duration limits;
• storage limits;
• expiration periods;
• archival rules; and
• other technical restrictions established within Fossaris.

The Dealership remains responsible for the content it records, uploads, or distributes.

12. Artificial Intelligence and Automated Assistance

Fossaris may offer features using artificial intelligence or other automated technology to generate, suggest, summarize, personalize, modify, or assist with messages or other content.

AI-generated or AI-assisted content is a draft or suggestion.

The Dealership and its authorized user are responsible for reviewing content before it is used or sent and determining whether it is:

• accurate;
• appropriate;
• lawful;
• truthful;
• consistent with dealership policy; and
• suitable for the intended recipient.

Foundry & Grit does not warrant that AI-generated material will be accurate, complete, unique, error-free, or legally compliant.

The Dealership remains responsible for content it chooses to approve, publish, or send.

13. Staff Accounts and Access

Access credentials, authentication links, verification codes, and other sign-in methods are personal to the authorized user and must not be shared.

The Dealership is responsible for:

• deciding which personnel should have Fossaris access;
• assigning appropriate roles and permissions;
• maintaining reasonably accurate staff information;
• deactivating users who should no longer have access; and
• activity performed through accounts assigned to its authorized personnel, except to the extent caused by a failure of Fossaris for which Foundry & Grit is legally responsible.

Fossaris may require multifactor authentication or other security measures.

We may require reauthentication, terminate sessions, restrict permissions, or suspend an account when reasonably necessary to protect Fossaris, Dealership information, customers, or other users.

14. Acceptable Use

A Dealership and its users must not:

• use Fossaris unlawfully, fraudulently, deceptively, or abusively;
• send spam or unsolicited or unwanted communications;
• send marketing messages without required consent;
• use purchased, rented, scraped, or unlawfully acquired contact lists for messaging;
• circumvent consent, suppression, opt-out, authentication, authorization, rate-limit, or other safeguards;
• attempt to access another Dealership’s information;
• probe, attack, disrupt, overload, or interfere with Fossaris;
• introduce malicious software or code;
• impersonate another person or business;
• infringe another person’s privacy, intellectual-property, publicity, or other rights;
• reverse engineer Fossaris except where applicable law expressly prohibits such a restriction;
• resell, sublicense, rent, or provide Fossaris access to an unauthorized person or organization;
• evade wireless-carrier or messaging-provider restrictions; or
• use Fossaris in violation of applicable Apple, Google, telecommunications-carrier, messaging-provider, email-provider, or other third-party requirements.

Foundry & Grit may investigate suspected misuse and take reasonable action to protect customers, Dealerships, telecommunications providers, third-party platforms, and Fossaris.

15. Intellectual Property

Fossaris, including its software, design, technology, documentation, interfaces, branding, and other proprietary materials, is owned by Foundry & Grit or its licensors and protected by applicable law.

Except for the limited right to use Fossaris granted by these Terms, no ownership rights in Fossaris are transferred to the Dealership.

A Dealership’s trademarks and Dealership Content remain the property of the Dealership or their respective owners.

Neither party obtains ownership of the other party’s trademarks or intellectual property merely because those materials are displayed through Fossaris.

If a Dealership or user voluntarily provides suggestions or feedback concerning Fossaris, Foundry & Grit may use that feedback to develop and improve the Service without payment or restriction, provided that doing so does not give Foundry & Grit ownership of the Dealership’s customer information or confidential information.

16. Third-Party Services

Fossaris relies on third-party services that may include:

• Apple;
• Google;
• cloud-hosting providers;
• telecommunications providers;
• messaging providers;
• email providers;
• artificial-intelligence providers;
• media-processing providers;
• authentication providers; and
• other technology vendors.

Those providers may experience outages, delays, filtering, delivery failures, policy changes, restrictions, or other events outside our reasonable control.

We therefore do not guarantee:

• delivery of every SMS or email;
• acceptance of every communication by a carrier;
• receipt of every notification;
• continued availability of a wallet pass;
• uninterrupted operation of a third-party integration; or
• compatibility with every device.

Use of third-party functionality may also be subject to rules imposed by the applicable provider.

17. Security

Foundry & Grit uses administrative, technical, and organizational measures designed to protect Fossaris and information processed through it.

No internet-connected system can guarantee absolute security.

Dealerships are responsible for maintaining reasonable security over their:

• devices;
• accounts;
• passwords and credentials;
• networks; and
• personnel.

A Dealership must notify us promptly if it reasonably believes a Fossaris account, credential, or information accessible through Fossaris has been compromised.

We may take protective action including:

• suspending an account;
• terminating sessions;
• invalidating credentials;
• restricting functionality;
• suppressing communications; or
• temporarily disabling integrations

when reasonably necessary to protect Fossaris or its users.

18. Records and Dealership Systems

Fossaris may maintain records relating to:

• communications;
• customer consent;
• opt-outs;
• offers;
• digital passes;
• redemption;
• media;
• account activity;
• delivery;
• engagement; and
• other customer interactions.

Unless expressly agreed otherwise in writing, Fossaris is not a Dealership’s:

• dealership management system;
• CRM;
• accounting system;
• permanent records repository; or
• legal system of record.

Dealerships should independently maintain records required for business, regulatory, accounting, tax, contractual, compliance, or legal purposes.

19. Confidentiality

Each party may receive non-public business, technical, operational, or other confidential information belonging to the other.

Each party will use the other’s confidential information only as reasonably necessary for the relationship contemplated by these Terms and will take reasonable measures to protect it from unauthorized disclosure.

These obligations do not apply to information that:

• becomes publicly available without breach of these Terms;
• was already lawfully known without a confidentiality obligation;
• is independently developed without using the other party’s confidential information; or
• is lawfully obtained from another source without a confidentiality restriction.

A party may disclose confidential information where required by law, subpoena, court order, or governmental requirement, subject to legally permitted notice to the other party where appropriate.

Personal information is additionally handled as described in applicable privacy policies and agreements.

20. Disclaimers

Fossaris is provided “as is” and “as available.”

To the fullest extent permitted by applicable law, Foundry & Grit disclaims all express, implied, and statutory warranties, including warranties of:

• merchantability;
• fitness for a particular purpose;
• title; and
• non-infringement.

We do not warrant that Fossaris will:

• operate without interruption;
• be error-free;
• be completely secure;
• work with every device or third-party platform; or
• successfully deliver every communication, pass, notification, or media item.

Fossaris is a technology service and does not provide legal advice.

Features designed to assist with consent, opt-outs, suppression, privacy, messaging compliance, offer terms, or similar matters do not replace a Dealership’s obligation to determine and satisfy its own legal requirements.

Particularly while Fossaris remains in pilot or beta development, it should not be relied upon as the sole record of any consent, commitment, transaction, communication, or other information a Dealership is independently required to maintain.

21. Limitation of Liability

To the fullest extent permitted by applicable law, neither party will be liable to the other for indirect, incidental, special, exemplary, consequential, or punitive damages, or for lost profits, revenue, goodwill, or business opportunities arising from or relating to Fossaris or these Terms, even if advised that such damages were possible.

To the fullest extent permitted by applicable law, Foundry & Grit’s aggregate liability arising out of or relating to Fossaris or these Terms will not exceed the greater of:

• the fees the Dealership paid Foundry & Grit for Fossaris during the twelve months immediately preceding the event giving rise to the claim; or
• five hundred U.S. dollars ($500).

These limitations apply to the maximum extent permitted by law and do not limit liability that applicable law does not permit a party to exclude or limit.

22. Indemnification

The Dealership will defend, indemnify, and hold harmless Foundry & Grit, LLC and its owners, officers, employees, and agents from third-party claims, damages, liabilities, penalties, costs, and reasonable attorneys’ fees arising from or relating to:

• an offer, coupon, promotion, representation, or commitment made by the Dealership;
• Dealership Content;
• the Dealership’s collection or use of customer information in violation of applicable law or these Terms;
• communications initiated by the Dealership;
• allegations concerning missing or inadequate communications consent;
• unwanted communications;
• failure to honor an opt-out;
• the Dealership’s failure to obtain a required right, authorization, permission, or consent;
• unlawful or unauthorized activity by the Dealership or its users; or
• the Dealership’s material breach of these Terms.

Foundry & Grit will provide reasonable notice of a covered claim and reasonable cooperation in its defense.

The Dealership may not settle a claim in a manner that admits wrongdoing by Foundry & Grit or imposes a non-monetary obligation on Foundry & Grit without our written consent, which will not be unreasonably withheld.

23. Suspension

Foundry & Grit may immediately suspend or restrict access to all or part of Fossaris when we reasonably believe:

• an account or the Service has been compromised;
• Fossaris is being abused;
• continued use creates a material security risk;
• messaging activity threatens a telecommunications-carrier, messaging-provider, email-provider, wallet-platform, or other third-party relationship;
• use may violate applicable law or third-party requirements;
• suspension is reasonably necessary to protect a customer or another Dealership; or
• the Dealership has materially breached these Terms.

Where reasonably practicable, we will work with the Dealership to resolve the problem and restore appropriate access.

24. Ending the Agreement

Either Foundry & Grit or the Dealership may terminate the agreement on written notice unless a separate written agreement provides otherwise.

When the agreement terminates, the Dealership’s right to use Fossaris ends.

Foundry & Grit will handle, retain, return, or delete data in accordance with:

• applicable privacy policies;
• applicable law;
• documented retention practices; and
• any separate written agreement between the parties.

Termination does not eliminate obligations or liabilities arising before termination.

Provisions that by their nature should survive termination — including intellectual property, confidentiality, disclaimers, limitations of liability, indemnification, and governing law — survive.

Records reasonably required to honor customer opt-outs or satisfy legal, regulatory, fraud-prevention, security, or compliance obligations may also be retained as permitted by applicable law.

25. Changes to Fossaris

Fossaris is actively developed.

We may add, change, replace, limit, or discontinue features.

We will not intentionally make a material change for the purpose of avoiding an express obligation we have undertaken to a Dealership.

Where a change is required because of:

• law;
• regulation;
• carrier requirements;
• Apple or Google requirements;
• another third-party provider;
• security concerns;
• abuse prevention; or
• technical necessity,

we may make the change without advance notice where reasonably necessary.

26. Changes to These Terms

We may update these Terms from time to time.

If a change materially affects a Dealership’s rights or obligations, we will provide reasonable notice before it takes effect unless earlier implementation is reasonably required by law, regulation, security, fraud prevention, telecommunications requirements, or another third-party requirement.

The effective date shown at the top identifies the current version.

Continued use of Fossaris after revised Terms become effective constitutes acceptance of the revised Terms.

Updates to the consumer-facing SMS Messaging Terms may become effective as stated in the applicable SMS program terms.

27. Governing Law and Venue

These Terms are governed by the laws of the State of Alabama, without regard to its conflict-of-laws principles.

To the extent a dispute may properly be resolved in court, the state and federal courts having jurisdiction over Etowah County, Alabama will have exclusive jurisdiction over disputes between Foundry & Grit and a Dealership arising from these Terms, and each party consents to personal jurisdiction and venue there.

Nothing in this section is intended to deprive an individual consumer of rights or remedies that applicable law does not permit to be waived or restricted.

28. General Terms

These Terms, together with any applicable order, subscription agreement, pilot agreement, data-processing agreement, or other written agreement expressly incorporated into them, constitute the agreement between Foundry & Grit and the Dealership concerning Fossaris.

If any provision is found unenforceable, the remaining provisions remain in effect.

An unenforceable provision will be interpreted or limited to the maximum extent permitted by law where possible.

Failure to enforce a provision does not waive that provision.

A Dealership may not assign its rights or obligations under these Terms without our written consent except in connection with a merger, reorganization, or sale of substantially all of its business or assets.

Foundry & Grit may assign these Terms in connection with a merger, reorganization, financing, sale of Foundry & Grit, sale of Fossaris, or sale of substantially all assets associated with the Service.

Neither party will be liable for delay or failure caused by events beyond its reasonable control, except for payment obligations.

Section headings are for convenience and do not affect interpretation.

29. Contact