Support■Terms and Conditions

Terms and Conditions

As with everything these days, there are some legal terms you must adhere to when using Refoundry.

The Agreement

This is an Agreement between you (“You”) and Refoundry Systems Inc. (“Refoundry”). The Effective Date of this Agreement is when You accept, or are deemed to accept, this Agreement according to the procedure outlined ahead.

This Terms and Conditions Agreement governs your use of the Refoundry Product, Websites, and User Interfaces, including all features, functionality, content and software (“Refoundry Product”).

Here is the text converted into bold sentence case as requested:

Important: Carefully read this entire agreement. It contains provisions that limit or exclude liability.

Clicking the “download” button or purchasing the Refoundry product is the equivalent of your signature. It indicates that you acknowledge and agree that you have read this entire agreement, and that you agree to be bound by its terms.

If you are accepting this agreement on behalf of a corporation or other business entity, you:

Warrant that you have the authority to legally bind such corporation or other business entity to the provisions of this agreement; and,
You agree to these terms and conditions on behalf of such corporation or other business entity.

1. Background

Refoundry is a low-code site builder Product that enhances the WordPress CMS. It gives Users Gutenberg blocks and a visual editor to create and style new websites, or to customize existing WordPress websites that are on the Gutenberg editor. Users can work with Refoundry’s library of pre-built components and patterns, or build their own, including further customizing the Product’s open source code.

2. Definitions

In this Agreement:

Account: means Your unique User membership account to the Refoundry website represented by Your User ID and Password which allows You to utilize the Refoundry Product and any additional features provided by Refoundry.
Additional Agreements: means any additional contracts or terms and conditions which You may be required to accept in connection with Your use of the Refoundry Product.
Aggregated Data: means a compilation of multiple users’ data relating to the use of the Refoundry Product with respect to which Refoundry has taken commercially reasonable precautions to ensure that no individual, particular transaction, or entity can be identified.
Identification: shall have the meaning ascribed thereto under Section 4.1.
IP Rights: means any intellectual property rights recognized by law (including any intellectual property rights protected through legislation such as governing patents, trademarks, copyrights, and industrial designs) and includes, without limitation, all rights in any copyright, patent, Mark, trade secret, confidentiality right, moral right, goodwill, design, distinguishing guise, data flow, product specification, schematic document, source code, object code, data map, invention, discovery, improvement, and all intangible rights or privileges of a nature anywhere in the world similar to the foregoing, whether or not registered or registrable, and shall include applications, granted or issued registrations, and extensions and renewals in relation to any such rights.
Refoundry Data: means any proprietary information, documents, records, materials or data provided to You or accessible by You through use of the Refoundry Product.
Refoundry Product: means the Refoundry License Key, and the Refoundry plugin and user interfaces, including all features and functionalities, and all software and content associated therewith.
Mark: means identity elements used by Refoundry including, without limitation, its name and logo and such other trademarks, trade names, trade dress, distinguishing guise, and Product marks that Refoundry uses or to which it has registration, common law, or licensed rights.
Password: means the initial code provided by Refoundry and which You subsequently create or change that, in combination with the User ID, allows You to access your Account.
Term: shall have the meaning ascribed thereto under Section 8.1.
User/Users: means any individual or entity who accesses or utilizes the Refoundry Product in any capacity.
User Fee: means the fee which You agree to pay in consideration for User access to the Refoundry Product.
Website: means the Refoundry website located at https://refoundry.io
You or Your: means the person creating or using an Account, for themselves or on behalf of a User and includes any corporation, partnership or other business entity on whose behalf such person is acting.
Your Data: means any data, information, or materials gathered, compiled, uploaded, created or authored by You using the Refoundry Product, but does not include other data proprietary to Refoundry.

3. The Refoundry Product

Description and Purpose. Refoundry is a low-code site builder Product that enhances the WordPress CMS. It gives Users Gutenberg blocks and a visual editor to create and style new websites, or to customize existing WordPress websites that are on the Gutenberg editor. Users can work with Refoundry’s library of pre-built components and patterns, or build their own, including further customizing the Product’s open source code. Refoundry renders code that is SEO-friendly, it reduces the code bloat associated with WordPress themes for faster page load times, and gives designers and content managers granular control over styling without writing code. Refoundry is compatible with any WordPress plugin that is compatible with the Gutenberg editor. It comes with an AI help tool, and customer support levels to suit the User’s needs. One License Key is issued to grant the User access to the plugin for use on one website. One account may have multiple License Keys.
Permitted Use. Subject to the terms and conditions of this Agreement, Refoundry grants to You for the term of this Agreement, a personal, non-transferable, and non-exclusive right and license to access and use the Refoundry Product for the purposes set forth in clauses 3.1 above and 4.2 below.
Restrictions On Use. You agree that You will not create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Refoundry Product or software in whole or in part. You shall not permit, allow, or do anything that would infringe or otherwise prejudice the proprietary rights of Refoundry or its licensors. The restrictions set out in this Agreement shall not apply to the limited extent the same restrictions are prohibited by applicable law.
Authority and Changes to Terms. You represent and warrant that You are duly authorized to enter into this Agreement for yourself or on behalf of the User, and that the User will comply with its terms. Refoundry may amend this Agreement, and You acknowledge and agree that by continuing to use the Refoundry Product after any changes, You are bound by the updated terms.
Products and Upgrades. Refoundry may, at its sole discretion, enhance, delete, or modify the features, format, characteristics, functionality, and/or the procedures to use the Refoundry Product, the information available to Users through use of the Refoundry Product, and upgrades or updates to the Refoundry Product or software, provided that such changes will not materially adversely affect the use of the Refoundry Product by the User. If You determine that such a change is not acceptable, You will be entitled to terminate this Agreement pursuant to Section 8.3.

4. Your Account

User ID and Password. During the term of this Agreement, You shall adopt a User log-on identification and password (each, an “Identification”) in order to receive a License Key and use the Refoundry Product. The Refoundry Product is available in two levels: Free, with a limited set of features, and Pro, with the full set of features only accessible through the required License Key. You are solely responsible for maintaining the confidentiality of Identification, and agree to use commercially reasonable efforts: (i) to protect the security of each Identification; (ii) not to permit individuals other than employees or contractors approved by the User to use the Identification to gain access to the Refoundry Product; (iii) not to disclose any Identification to any person except on a need-to-know basis; and (iv) to ensure that approved employees or contractors only access the Refoundry Product in connection with the business purposes of the User.
License Key. The Refoundry Product issues one License Key per website. License Keys cannot be shared, and any attempt to use or allow use of a License Key for more than one website will result in immediate suspension of the Account. Any attempt to use the License Key for more than one website, or allow the User’s License Key to be used on more than one website, will result in immediate termination of this Agreement and may subject the User to legal action.
Account Suspension. Refoundry may suspend, cancel, or otherwise limit access to Your Account if there is suspicion of fraudulent or illegal activity, abuse, misuse, error, or sharing an Account among multiple Users except in the circumstances outlined in section 4.1.
Monitoring. Refoundry reserves the right to monitor User activity to ensure compliance with these terms. Any detected violations may result in immediate suspension or termination of Your Account.
Unauthorized Access to the Account. You agree to immediately notify Refoundry in writing of any loss, unauthorized disclosure, or actual or suspected unauthorized use of Your Account.
Your Responsibilities. By using Your Account, you agree to:
1. adhere to the terms of this Agreement;
2. use the Refoundry Product solely for lawful purposes and not to utilize the Refoundry Product, or any resulting Refoundry Data, for fraudulent or illegal purposes;
3. report any suspected security breaches or unauthorized access to Your Account within 24 hours of detection;
4. follow safe and secure computing practices with respect to any device with which You access Your Account; and
5. respect and comply with Refoundry and third party IP Rights in connection with Your use of the Refoundry Product.

5. User Fees

User Fees. You acknowledge and agree that by creating an Account, You agree to provide Refoundry with the appropriate User Fees. Refoundry does not require User Fees for the free version with limited features. Refoundry offers two paid plans: Refoundry Pro and Refoundry Pro Hosted. Both plans are annual subscriptions, and User Fees are due on the day the plan is purchased. The amount of such User Fee shall be set out in the “User Details and Fees” section within Your Account. Refoundry reserves the right to change the fees and fee schedule at any time. Users will be notified of fee changes and fee schedule changes in writing, at the electronic mail address You provided to Refoundry in association with Your Account, with the opportunity to discontinue their membership. As further set out in Section 8.1, User membership shall be renewed for one (1) additional year (Term) at a time, upon mutual agreement of the parties. The obligation to provide User Fees shall continue to be payable until this Agreement is terminated by either party.
Consequences of Non-Payment or Delayed Payment of Fees. Failure to pay User Fees shall result in the User being in default under this Agreement, and will result in the deactivation of the Refoundry license and the loss of access to the Refoundry Product functions. This deactivation will not impact the frontend view or functionality of the Refoundry Product in any way, but the User will lose access to all backend settings related to Refoundry.
Payment. Payment may be made through a valid credit card. Refoundry reserves the right to change, or to stop accepting, any permitted payment method at any time in its sole discretion. You agree Refoundry may charge your credit card in the amount of Your User Fee, and for any additional amounts (including any applicable taxes) as may be accrued by or due in connection with your Account.
Payment Authorization. When entering Your billing information, it will be necessary to indicate Your chosen method of payment. You must be authorized to use the payment method indicated. You irrevocably authorize Refoundry or its designate, Forge and Smith Interactive, to charge You for Your User Fee.
Payment Processor. You specifically acknowledge that Refoundry may use a third-party payment processing Product in connection with Your User Fee. You consent to the collection and use of Your Data (including, if applicable, personal information) by such payment processing Product as necessary to process your payments.
Accuracy of Billing Information. You are responsible to keep all of Your information current and accurate in Your Account including Your billing and contact information.
Billing Statement. We will provide You with an online and/or emailed billing summary statement which You may review, save, and print at Your discretion. This is the only billing statement that will be provided by Refoundry.
Billing Errors and Discrepancies. In the event You believe that Refoundry has billed You in error, You must contact Refoundry within ninety (90) days of the date of purchase or renewal. No refunds or adjustments will be provided for charges which are more than ninety (90) days old. If You do not advise us within ninety (90) days after the error first appears on Your online billing statement, we will not be required to correct any error. You hereby release Refoundry from all liability and claims of loss resulting from any error that You do not report to us within ninety (90) days after the error first appears on Your online billing statement.
Currency. All pricing is in U.S. currency. Currency exchange settlements are Your sole responsibility and based upon Your agreement with the provider of Your chosen payment method.
Taxes. All prices exclude any applicable sales, retail, excise or similar taxes (including GST). You are fully responsible for any such taxes that You are obligated to pay or which we may collect from You in accordance with applicable laws.
No Refunds. Refoundry User Fees are non-refundable. Where the User is in default under this Agreement or the Agreement is terminated, or where notice of termination is provided by either party, all User Fees paid in advance on behalf of User are non-refundable.

6. Privacy and Data

Refoundry Privacy Statement. Refoundry is committed to respecting the confidentiality of personal information. Any collection, use, or disclosure of personal information by Refoundry is subject to the Refoundry Privacy Policy, a copy of which can be found here.
User Privacy Obligation. Users will not breach or attempt to breach the Refoundry Product computer(s), server(s), or software security, nor attempt to access the information of another User or otherwise invade the privacy of others in connection with the use of the Refoundry Product. Users shall comply with all applicable data privacy laws and implement adequate security measures to protect personal information.
Data Security and Integrity. You shall have sole responsibility for the accuracy, currency, quality, integrity, legality, reliability, and appropriateness of all of Your Data, and Refoundry shall not be responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store, monitor, or transmit any data. Refoundry shall not be responsible for adequate security, archival, and/or back-up procedures on Your behalf. Further, Refoundry will not be liable for any type of communication or data, or the accuracy or sufficiency of the content thereof, which is uploaded or downloaded through Your access or use the Refoundry Product.

7. Intellectual Property Rights

All Rights Reserved. Refoundry owns and shall own all rights, title, and interest in and to (i) Refoundry, and all trade names, trademarks, and Product marks used in connection with the Refoundry Product; (ii) the Refoundry Product (including, without limitation, all web pages, sub-domains and functionality of the Refoundry Product); (iii) Refoundry Marks; and (iv) Aggregated Data (collectively, “Refoundry IP”). Nothing in this Agreement transfers any such IP Rights to, or vests any such IP Rights, in any User. The User is only entitled to the limited licensed use of the IP Rights granted to You in this Agreement. You will not take any action to jeopardize, limit, or interfere with Refoundry IP or IP Rights. Any unauthorized use of Refoundry IP is a violation of this Agreement as well as a violation of intellectual property laws and treaties, including, without limitation, copyright laws and trademark laws. Any unauthorized use of Refoundry’s IP will result in immediate termination of this Agreement and may subject the User to legal action.
Ownership by User and License to Use Your Information. The User shall own: (i) all documents, data, files, records, and other information related to the business of User; (ii) all rights, title, and interest in and to Your Data, provided that You grant to Refoundry a perpetual, unlimited, irrevocable, royalty-free, worldwide, non-exclusive, transferable license to use Your Data to provide and operate the Refoundry Product (i.e. build, design, and publish websites using Refoundry).

You further grant to Refoundry, with the exception of personal information, a perpetual, unlimited, irrevocable, royalty-free, worldwide, non-exclusive, transferable license permitting Refoundry to collect, use, reproduce, adapt, modify, copy, run, bundle, create derivative works of, transmit, display and distribute Your Data for the purpose of compiling Aggregated Data which may be used by Refoundry for the purpose of improving delivery of the Refoundry Product.

Refoundry may access Your Account, including Your Data, to respond to Product or technical problems or as stated in this Agreement. Refoundry will not monitor, edit, or disclose any information regarding Your Account, including any of Your Data, except in accordance with this Agreement, applicable laws or at the direction of legal authorities.

8. Term and Termination

Term. Unless sooner terminated as provided below, this Agreement shall commence on the Effective Date and continue for an initial Term of one (1) year. Thereafter, the Agreement may be renewed for additional one (1) year Terms upon mutual agreement of the parties and outlined in the “User Details and Fees” section within Your Account (the “Term”), and subject to receipt of advance payment of applicable User Fees in accordance with Section 5.1 and the User’s acceptance of the applicable terms and conditions.
Termination by Refoundry. Notwithstanding Section 8.1 above, Refoundry may, at its sole discretion, terminate or suspend the Refoundry Product or this Agreement at any time for any reason, by providing You with thirty (30) days’ prior written notice to the email account that You submitted in connection with Your User membership, or immediately upon the occurrence of any of the following:
1. a failure by User to pay any amount when due, which will result in the deactivation of the Refoundry license and Refoundry Product functions.
2. a User breach of any material term of this Agreement or if required by law;
3. a User filing a voluntary or involuntary petition in bankruptcy or insolvency, including making an assignment for the benefit of creditors, or where a receiver or receiver-manager has been appointed over the whole or a substantial part of the User’s assets; or
4. User involvement in any activity likely to undermine the business or reputation of Refoundry or the usability, functionality, or performance of the Refoundry Product.
Consequences of Termination. Upon termination of this Agreement for any reason whatsoever, Refoundry will deactivate the User’s license and related Refoundry Product functions. This deactivation will not impact the frontend view or functionality of the Refoundry Product in any way, but the User will lose access to all backend settings related to Refoundry. You acknowledge and agree that it is Your responsibility to retrieve any Data input by You in connection with the deactivated license and functions for the Refoundry Product. You acknowledge and agree that Refoundry shall no longer be bound by the terms of this Agreement as at the date and time of termination, nor shall Refoundry be required to retain or provide any further copies of Your Data in connection with the Refoundry Product to you.

9. Warranty and Disclaimer

General warranty disclaimer. Other than as expressly set forth in this agreement, Refoundry makes no representations, warranties, or covenants to any person or entity with respect to the Refoundry product. Except as set forth above, the Refoundry product is provided on an “as-is” and “as available” basis. You are solely responsible for all data and information which has been entered, removed, or used in connection with your user ID and account. Refoundry does not give any warranties, guarantees, representations or conditions, whether express, implied, statutory, or otherwise (including, without limitation, any implied warranty of merchantability, functionality of the Refoundry product or software, the website, third-party interactions, data breaches, compliance with user-specific requirements, the user interface, fitness for a particular purpose, accuracy of data, compliance with any description, or non-infringement of third party rights) with respect to any Refoundry product and all such warranties are hereby disclaimed to the maximum extent permitted by applicable law.
No warranty of product availability. Refoundry does not guarantee the accuracy or timeliness of information and/or data (including, without limitation, Refoundry data) available or accessible through use of the Refoundry product, nor that the Refoundry product may be provided without interruption or error free. Refoundry does not warrant that it will be able to correct all reported defects in the Refoundry product. Refoundry does not guarantee that the Refoundry product and access to your account will always function without disruptions or delay. Since the Refoundry product may or will be facilitated and/or transmitted through public internet lines, communications networks, and public and/or private switched telephony network(s), you understand that there may be product disruptions or outages.

10. Limitation of Liability and Indemnity

Liability exclusion. To the maximum extent permitted by applicable law, Refoundry shall not be liable to you or any third party for any direct (except as provided in section 10.2 below), indirect, special, incidental, punitive, or consequential damages whatsoever, or for any loss of profit, loss of business, loss of revenue, loss of reputation or goodwill, loss of confidential or other information, business interruption, or for any injury or loss of life arising out of or in any way related to this agreement, your account, or your use of, or inability to use, the Refoundry product.

This exclusion includes any liability that may arise out of third party claims against the user or Refoundry. Neither party shall apply for, seek, or otherwise request from any court, relief, remedy, compensation, or redress in the form of exemplary or punitive damages. Users must maintain adequate insurance coverage for liabilities arising from their use of the Refoundry product.
Maximum liability. Notwithstanding section 10.1 above, the aggregate liability of Refoundry for all claims of any kind, whether based in contract, indemnity, warranty, tort (including negligence), strict liability, or otherwise, for all losses or damages arising out of, or resulting in connection with, this agreement, from the performance or breach thereof, or from the provision of Refoundry products, will in no case exceed the total amount of fees paid by the user in the preceding twelve (12) months.

Refoundry is not and shall not be liable for any loss of business, use, or data, interruption of business, lost profits or goodwill, or other kind of indirect, special, incidental, or consequential damages of any kind as a result of using Refoundry, even if advised of the possibility of such loss, and notwithstanding any failure of essential purpose or of any limited remedy. This exclusion includes any liability that may arise out of third-party claims against the user or Refoundry.
Application of exclusions and limitations of liability. You acknowledge and agree that the exclusions and limitations of liability described above:
1. Apply to any and all causes of action whatsoever including breach of contract (including fundamental breach), strict liability, tort (including negligence), breach of any duty, or any other legal or equitable theory;
2. Shall enure to the benefit of Refoundry and its servants, officers, directors, agents, employees, licensors, product providers, and their respective officers, agents, employees, and/or successors and assigns; and
3. Are reasonable and reflected in the pricing set by Refoundry.
Indemnity. You hereby agree to defend, indemnify, and hold harmless Refoundry, its officers, directors, agents, assigns, employees, contractors, consultants, shareholders, and product providers and their respective successors and assigns, from and against any and all claims, demands, actions, proceedings, liabilities, judgments, penalties whether civil or criminal, taxes, and all costs, liabilities and expenses (including, without limitation, reasonable legal fees) arising out of or relating to your use of the Refoundry Product, Account, User ID, Password, or that may be incurred by Refoundry arising out of, or relating to, Your use of the Refoundry Product, Your violation of this Agreement, the misuse or illegal use of the Refoundry Product, applicable law or rights of any third parties (including intellectual property rights), the failure of User to comply with applicable laws and regulations, or User’s gross negligence or willful misconduct.

11. General

Additional Agreements. You acknowledge and agree that Your use of the Refoundry Product may require You to enter into one or more Additional Agreements. This Agreement and the Additional Agreements are intended to be correlative, complementary, and mutually explanatory of one another. However, in the event of a conflict, inconsistency, or ambiguity between the terms of any Additional Agreement and the terms of this Agreement, the terms of the Additional Agreement shall prevail unless expressly stated otherwise in the Additional Agreement.
Risk Allocation. You acknowledge and agree that the provisions of Articles 9 and 10 are fair and reasonable in the commercial and administrative circumstances of this Agreement, and that such covenants are an inducement to enter into this Agreement, which each party has relied upon.
Assignment and Sublicense Prohibited. You may not assign, delegate, sublicense, transfer, or subcontract the whole or any part of this Agreement, or the rights granted hereunder, without the prior written consent by Refoundry. Notwithstanding the foregoing, Refoundry may, at its sole discretion, assign this contract or any of its rights hereunder to any third party, without giving prior notice.
Modifications to Agreement. Refoundry reserves the right to modify this Agreement at any time at its sole discretion by providing such revised Agreement to You or by publishing the revised Agreement on the Refoundry Website. You are responsible for periodically reviewing the amendments on the Refoundry Website and You are deemed to be aware of such amendments. If You do not agree to the amended terms and conditions, You shall immediately stop using the Refoundry Website and Refoundry Product. Your continued use of the Refoundry Product shall constitute Your acceptance to be bound by the revised Agreement. No supplement, modification, or amendment to this Agreement, and no waiver of any provision of this Agreement, shall be binding on Refoundry unless executed by Refoundry in writing.
Regulatory Requirements. Refoundry reserves the right to adjust the Refoundry Product at any time in order to conform to legal and/or regulatory obligations or requirements as determined by Refoundry at its sole discretion.
Severability. Each provision of this Agreement is intended to be severable, and if any provision is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable for any reason whatsoever, such provision shall be severed from this Agreement and will not affect the legality or validity or enforceability of the remainder of this Agreement, or any other provision hereof, and the Agreement shall be construed, as nearly as possible, to reflect the intentions of the severed provision(s) to the extent possible under applicable law.
Waiver. No delay on the part of Refoundry in exercising any right, power, or privilege hereunder shall operate as a waiver thereof, nor preclude any other or further exercise thereof, the exercise of any other right, power, or privilege hereunder.
Governing Law and Jurisdiction. This Agreement and any transactions contemplated by this Agreement shall in all respects be construed according to, and the rights and liabilities of the parties hereto shall in all respects be governed exclusively by, the laws of the Province of British Columbia, Canada, without reference to the principles of conflicts of law. You irrevocably submit and attorn to the exclusive jurisdiction of the courts of the Province of British Columbia, Canada, with respect to any adjudication of rights hereunder, without regard to its conflict of laws provisions. You agree to waive any right You may have to: (i) trial by jury; and (ii) commence or participate in any class action against Refoundry related to the Refoundry Product or this Agreement and, where applicable, You also agree to opt out of any class proceedings against Refoundry.
Force Majeure. Neither party will be liable to the other for any delay in performance or inability to perform due to Force Majeure. “Force Majeure” includes any acts or omissions of any civil or military authority, acts of God, terrorism, fires, strikes or other labour disturbances, major equipment failures, fluctuations or non-availability of electrical power, heat, light, air conditioning, or telecommunications equipment that cannot reasonably be foreseen or prevented, or any other act, omission or occurrence beyond either party’s reasonable control, irrespective of whether similar to the foregoing enumerated acts, omissions, or occurrences. The party subject to a Force Majeure event shall promptly notify the other party of the occurrence of such event and take all reasonable steps and commercially reasonable efforts to restore its ability to perform and to perform its obligations under this Agreement. The Refoundry Term and fee schedule is not impacted by such an interruption of the Refoundry Product.
Notices. All notices, requests and other communications required or permitted to be given under this Agreement, except those specifically permitted to be given by e-mail or posted using the Refoundry Product, must be in writing, and must be mailed by registered or certified mail, postage prepaid and return receipt requested, or delivered by express mail, private courier or facsimile to the party to whom such notice is required or permitted to be given. Any such notice will be considered to have been given when received, or if mailed, five business days after it was mailed, as evidenced by the postmark. Your mailing address or electronic mail address for notice shall be the address You provided to Refoundry in association with Your Account. You are solely responsible for keeping Your Account contact information current.
Enurement. This Agreement shall enure to the benefit of and be binding upon You and Refoundry and each party’s successors and permitted assigns.
Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto and supersedes all other prior agreements, representations, warranties, statements, promises, information, arrangements, and understandings, whether oral or written, express or implied, with respect to the subject matter hereof.

Acknowledgement

By clicking the “download” button or purchasing the Refoundry product, you acknowledge that you have read this agreement, understand it, and have had an opportunity to seek independent legal advice prior to agreeing to it. In consideration of Refoundry agreeing to provide the Refoundry product, you agree to be bound by the terms and conditions of this agreement.