Terms of Service

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 138 Bryant Street, Gadsden, Alabama 35901 (“we”, “us”). These terms are an agreement between us and the dealership that uses Fossaris (“you”), including everyone you authorise to sign in.

2. If you received a coupon

These terms are not what governs your coupon. The terms of an individual coupon — what it covers, what it excludes, when it expires, and who may use it — are the ones shown with that coupon when it was issued to you, and they are the ones that apply. Nothing on this page changes, adds to, or overrides them.

The dealership that sent the coupon is the business honouring it. Questions about the offer or the appointment belong with them.

3. What we provide

A hosted service that lets your staff issue service coupons to your existing customers, deliver them, generate Apple Wallet and Google Wallet passes, and record redemption. We grant you a non-exclusive, non-transferable right to use it for your own dealership operations for as long as this agreement is in force.

Fossaris is in active development and currently offered as a private pilot. We do not commit to a service level, an uptime figure, or a support response time, and we will not imply one. Any fees are whatever we have separately agreed with you in writing; where nothing has been agreed, the pilot is provided at no charge.

4. Your responsibilities

Your customers and their data

You are responsible for what enters the system, and you confirm that:

• Every person whose details you add is an existing customer of your dealership, with a prior business relationship with you.
• You have the right to hold that information and to give it to us for the purpose of sending and redeeming coupons.
• You will not upload purchased, rented, scraped, or otherwise acquired contact lists.
• Before any text message is sent to a customer, you have obtained that customer’s consent to receive one, and you will honour opt-outs promptly.

You are the controller of your customers’ personal information and we process it on your instructions, as described in the Privacy Policy.

Your offers

You set the content of your offers and their terms, and you are responsible for their accuracy, their legality, and for honouring a valid coupon when a customer presents one. We do not review or approve offer content.

Your staff and their accounts

Sign-in links are personal to the member of staff they were sent to and must not be shared. Tell us promptly if an account should no longer have access. You are responsible for what your staff do in the system.

Acceptable use

You will not:

• Use Fossaris to send bulk, unsolicited, or promotional broadcasts.
• Attempt to access another dealership’s data, or probe or interfere with the service.
• Reverse engineer, resell, or provide access to anyone outside your dealership.
• Use the service unlawfully, or in a way that breaches the rules of Apple, Google, or a messaging carrier.

5. Coupons and redemption

A coupon may be redeemed once. The system enforces this and will refuse a second attempt. Coupons are bound to a household rather than to an individual and are not transferable, cannot be exchanged for cash, and expire on the date shown on them.

We provide the mechanism. The economic value of a coupon is yours to give and yours to honour; we are not a party to the offer between you and your customer.

6. Intellectual property

Fossaris, its software, and its branding remain ours. Your dealership’s name, logo, offers, and customer data remain yours; you grant us only the permission needed to display them on your coupons and passes and to operate the service for you. Neither of us gains rights in the other’s trademarks beyond that.

7. Third-party platforms

Apple Wallet and Google Wallet are operated by Apple and Google, and message delivery depends on email providers and, in future, mobile carriers. Their rules and availability are outside our control, and changes they make may affect how passes or messages behave.

8. Disclaimers

The service is provided “as is”. To the fullest extent permitted by law we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted or error-free, and — plainly — a pilot product should not be relied on as the only record of a commitment you have made to a customer.

9. Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or goodwill. Our total liability arising out of or relating to these terms is limited to the greater of the fees you paid us in the twelve months before the claim, or one hundred US dollars.

10. Indemnity

You will defend and indemnify us against claims arising from your offers, your customer data, your messages to your customers, or your breach of these terms.

11. Ending it

Either of us may end this agreement at any time on written notice. We may suspend access immediately if the service is being used in a way that risks harm to customers, to a messaging carrier relationship, or to us. On termination your access stops and we will delete or return your data as described in the Privacy Policy. Sections 6, 8, 9, 10, and 12 survive.

12. Governing law

These terms are governed by the laws of the State of Alabama, without regard to its conflict-of-laws rules. The state and federal courts serving Etowah County, Alabama have exclusive jurisdiction, and both of us consent to venue there.

13. Changes

We may update these terms. If a change is material we will give you reasonable notice before it takes effect, and the effective date above will change. Continuing to use Fossaris after that date means the new terms apply.

14. Contact

Foundry & Grit, LLC
138 Bryant Street, Gadsden, Alabama 35901, United States
team [at] foundryandgritllc [dot] com