Trams and conditions

Welcome to FOUNIA LLC. These Terms and Conditions govern your access to and use of the FOUNIA LLC website, services, content, communications, and mobile application development services.

By accessing our website, requesting information, purchasing a service, submitting a project, or otherwise engaging with FOUNIA LLC, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. If you do not agree with any part of these terms, please do not use our website or services.

FOUNIA LLC provides custom mobile application development and related digital services, including iOS app development, Android app development, cross-platform app development, mobile UI/UX design, application modernization, integrations, testing, optimization, and related technical services.


1. About FOUNIA LLC

FOUNIA LLC provides professional mobile application development and related digital technology services.

Our principal services include:

  • Custom iOS App Development

  • Android App Development

  • Cross-Platform App Development

  • Mobile UI/UX Design

  • Mobile Application Modernization

  • Application Feature Development

  • API and Backend Integration

  • Third-Party Service Integration

  • User Authentication Implementation

  • Payment Integration

  • Push Notification Integration

  • Location and Map Functionality

  • Application Performance Optimization

  • Application Testing and Quality Assurance

  • App Store and Google Play Preparation

  • Technical consultation related to mobile application projects

The exact services provided to a client depend on the selected package, agreed project scope, requirements, proposal, quotation, statement of work, or other written agreement.


2. Acceptance of Terms

By using our website or engaging our services, you confirm that:

  1. You are legally capable of entering into a binding agreement.

  2. The information you provide to FOUNIA LLC is accurate and complete.

  3. You have authority to enter into an agreement on behalf of a business or organization, where applicable.

  4. You understand the scope, limitations, deliverables, and payment terms associated with your selected service.

  5. You agree to comply with applicable laws and regulations.

  6. You accept these Terms and Conditions.

If you are entering into an agreement on behalf of a company, organization, or other legal entity, you represent that you have authority to bind that entity to these terms.


3. Website Use

You may use the FOUNIA LLC website for legitimate purposes only.

You must not use our website to:

  • Violate applicable laws or regulations.

  • Attempt unauthorized access to our systems.

  • Interfere with website functionality.

  • Introduce malicious code, malware, viruses, or harmful software.

  • Scrape, copy, reproduce, or commercially exploit website content without permission.

  • Impersonate FOUNIA LLC or another person or organization.

  • Submit fraudulent information.

  • Attempt to compromise website security.

  • Use automated systems in a manner that negatively affects website availability.

  • Engage in activities that could damage FOUNIA LLC, its reputation, systems, or users.

FOUNIA LLC reserves the right to restrict or terminate website access where misuse, abuse, security concerns, or unlawful activity is identified.


4. Description of Services

FOUNIA LLC provides custom mobile development services according to the agreed project requirements.

Services may include the following.

4.1 Custom iOS App Development

iOS development may include:

  • Custom iPhone application development

  • iPad application development where agreed

  • User interface implementation

  • User authentication

  • API integration

  • Database connectivity

  • Push notifications

  • Payment integration

  • Location functionality

  • Third-party integrations

  • Application testing

  • Performance optimization

  • App Store preparation

Specific features are included only where stated in the applicable package, proposal, quotation, or project agreement.

4.2 Android App Development

Android development may include:

  • Custom Android application development

  • Responsive mobile interfaces

  • User authentication

  • API integration

  • Database connectivity

  • Push notifications

  • Payment functionality

  • Location services

  • Third-party integrations

  • Performance optimization

  • Device compatibility testing

  • Google Play preparation

4.3 Cross-Platform App Development

Cross-platform services may involve technologies such as Flutter, React Native, or another appropriate technology selected according to project requirements.

Services may include:

  • iOS and Android development

  • Shared application functionality

  • Cross-platform UI/UX

  • API integration

  • Backend connectivity

  • Native feature integration

  • Testing

  • Performance optimization

  • Deployment preparation

The selected framework is determined according to the requirements and technical suitability of the project.

4.4 Mobile UI/UX & App Modernization

Modernization services may include:

  • UI/UX audits

  • User journey analysis

  • Navigation improvements

  • Interface redesign

  • Interactive prototyping

  • Performance improvements

  • Legacy feature modernization

  • Application architecture improvements

  • Usability testing

  • Feature enhancement

The scope of modernization depends on the existing application’s condition and the agreed project requirements.


5. One-Time Payment Model

FOUNIA LLC primarily structures its development packages as one-time project payments rather than recurring subscription plans.

A one-time payment does not automatically mean unlimited development, unlimited revisions, unlimited technical support, or unlimited future updates.

The payment covers the specific project scope and deliverables described in the applicable agreement.

Additional work outside the agreed scope may require a separate quotation or payment.


6. Project Packages and Pricing

FOUNIA LLC may offer different packages based on project size, functionality, complexity, platform, number of screens, integrations, design requirements, and development requirements.

Package names and features displayed on the website are intended to communicate general service options.

The final project scope may be different depending on the client’s requirements.

Unless expressly stated otherwise, a package may not include:

  • Unlimited revisions

  • Unlimited screens

  • Unlimited features

  • Unlimited integrations

  • Ongoing development

  • Third-party service charges

  • Hosting fees

  • Domain registration

  • App Store or Google Play fees

  • External software licenses

  • Advertising expenses

  • Ongoing maintenance

  • Third-party API costs

  • Legal or regulatory certification

The applicable proposal, quotation, invoice, or written project agreement determines the final scope.


7. Quotes and Proposals

Before beginning a substantial project, FOUNIA LLC may provide a quotation, proposal, statement of work, or project specification.

A quotation may include:

  • Project scope

  • Deliverables

  • Platforms

  • Features

  • Number of screens

  • Development requirements

  • Estimated timeline

  • Payment requirements

  • Revision allowance

  • Client responsibilities

  • Exclusions

  • Deployment requirements

A quotation is based on the information available at the time it is prepared.

If the client changes the project requirements after approval, the quotation may need to be revised.


8. Payment Terms

Payment terms will be communicated before or during project commencement.

Depending on the project, FOUNIA LLC may require:

  • Full payment before development begins;

  • An initial project payment before work begins; or

  • Milestone-based payments for larger projects.

The applicable invoice or project agreement will specify the payment arrangement.

FOUNIA LLC may suspend development if an agreed payment becomes overdue.

Work may resume after outstanding amounts have been received and any resulting schedule changes have been agreed.


9. Payment Processing

Payments may be processed through third-party payment providers.

FOUNIA LLC does not necessarily control the systems, availability, policies, security, or processing procedures of third-party payment providers.

Clients are responsible for providing accurate payment information and completing payments through the applicable payment method.

Any third-party payment processing fees, currency conversion fees, bank charges, or similar costs may be the client’s responsibility unless otherwise agreed.


10. Taxes and Government Charges

Unless expressly stated otherwise, quoted prices may not include taxes, duties, government charges, transaction fees, or other charges imposed by applicable authorities.

The client is responsible for any taxes or charges legally applicable to their purchase or use of the services.


11. Project Scope

The project scope is determined by the agreed quotation, proposal, statement of work, package, or written confirmation.

A project may include specific limits concerning:

  • Number of screens

  • Number of features

  • Platforms

  • Integrations

  • Design revisions

  • Development revisions

  • Testing

  • Deployment support

  • Backend functionality

  • Third-party services

Requests beyond the agreed scope may be treated as additional work.


12. Changes to Project Scope

Clients may request changes to the project.

However, changes may affect:

  • Project price

  • Development time

  • Technical architecture

  • Testing requirements

  • Delivery date

  • Third-party costs

FOUNIA LLC may provide an additional quotation before implementing significant changes.

Additional work will generally begin after the client approves the revised scope and any associated costs.


13. Client Responsibilities

Clients are expected to cooperate reasonably throughout the project.

The client may be responsible for providing:

  • Accurate project requirements

  • Brand assets

  • Logos

  • Images

  • Text

  • Product information

  • Account credentials where necessary

  • API documentation

  • Third-party service information

  • Legal documents or required disclosures

  • Feedback

  • Approvals

  • Access to existing applications or systems where necessary

Delays caused by missing information, late approvals, unavailable credentials, or other client-side issues may affect the project timeline.


14. Client Content and Materials

The client is responsible for ensuring that all content, materials, images, logos, data, software, documentation, and other assets supplied to FOUNIA LLC are lawful and properly licensed.

The client represents that they have the necessary rights to provide and use such materials.

FOUNIA LLC is not responsible for infringement claims resulting from client-provided materials where FOUNIA LLC reasonably relied on the client’s representation of ownership or authorization.


15. Intellectual Property of the Client

Subject to full payment and the applicable project agreement, the client may receive ownership or appropriate usage rights to the custom deliverables specifically created for the client.

The exact ownership arrangement should be determined by the applicable project agreement.

Unless expressly transferred, FOUNIA LLC may retain ownership of:

  • Pre-existing code

  • Development frameworks

  • General-purpose components

  • Reusable libraries

  • Development methodologies

  • Templates

  • Tools

  • Internal systems

  • Generic technical solutions

  • Know-how

  • Development processes

Third-party software, frameworks, APIs, plugins, fonts, images, and other licensed materials remain subject to their respective licenses.


16. Third-Party Software and Services

Mobile applications may require third-party technologies and services.

Examples include:

  • Payment providers

  • Cloud platforms

  • Mapping services

  • Authentication services

  • Analytics platforms

  • Push notification systems

  • Hosting providers

  • Databases

  • APIs

  • App distribution platforms

  • External software libraries

Third-party services may have their own fees, terms, limitations, availability requirements, and privacy policies.

FOUNIA LLC does not guarantee the continued availability or uninterrupted operation of third-party services.


17. App Store and Google Play Approval

FOUNIA LLC may provide application preparation and submission support where included in the project scope.

However, Apple and Google independently control their respective application distribution platforms and approval processes.

FOUNIA LLC cannot guarantee:

  • Application approval

  • Approval timing

  • Continued listing

  • Ranking

  • Search visibility

  • Featured placement

  • Downloads

  • Revenue

  • User reviews

  • Platform policy compliance after delivery

If an application is rejected because of platform requirements, FOUNIA LLC may assist with reasonable technical adjustments where such work falls within the agreed scope.

Additional work caused by changes outside the original scope may incur additional charges.


18. Testing and Quality Assurance

FOUNIA LLC may conduct testing according to the agreed project scope.

Testing may include:

  • Functional testing

  • Interface testing

  • Usability testing

  • Device compatibility testing

  • Performance testing

  • Integration testing

  • Basic security checks

  • Pre-launch testing

Testing does not guarantee that software will be completely free from defects.

Software can contain unexpected issues due to device configurations, operating-system changes, third-party services, network environments, user behavior, or other factors.


19. Revisions

The number of revisions included in a project depends on the agreed package or project scope.

A revision generally means a reasonable modification to an existing agreed feature or design.

A revision does not necessarily mean adding a completely new feature, changing the fundamental project direction, or rebuilding completed functionality.

Significant changes may be treated as additional work.


20. Project Timeline

FOUNIA LLC may provide an estimated project timeline.

Estimated timelines depend on:

  • Project complexity

  • Scope

  • Client responsiveness

  • Availability of required materials

  • Third-party services

  • Testing requirements

  • Revisions

  • Platform requirements

  • Technical issues

Timelines are estimates unless a specific delivery date is expressly guaranteed in a written agreement.

FOUNIA LLC is not responsible for delays caused by circumstances outside its reasonable control.


21. Client Delays

Client delays may include:

  • Late feedback

  • Late approvals

  • Missing content

  • Missing credentials

  • Unavailable systems

  • Changes in requirements

  • Delayed payments

  • Failure to respond to project communications

Such delays may result in corresponding changes to the estimated delivery schedule.


22. Hosting and Backend Services

Unless explicitly included in the project scope, hosting, servers, cloud infrastructure, domain registration, database hosting, email services, and other infrastructure costs are not automatically included.

Where FOUNIA LLC assists with these services, third-party charges may apply.

Clients may be responsible for maintaining their own hosting and infrastructure accounts unless otherwise agreed.


23. Maintenance and Future Updates

Unless expressly included in a separate agreement, the completion of a project does not automatically include unlimited future maintenance.

Future work may include:

  • New features

  • Operating-system compatibility updates

  • Security updates

  • Bug fixes outside the agreed warranty period

  • Third-party API changes

  • Design changes

  • Performance improvements

  • Platform updates

  • Backend modifications

Such work may require a separate quotation.


24. Operating System and Platform Changes

Apple, Google, device manufacturers, and other technology providers may change their operating systems, APIs, development requirements, security standards, or distribution policies.

FOUNIA LLC cannot guarantee that an application will remain compatible indefinitely without future updates.

Where compatibility work is required after project completion due to external platform changes, such work may be treated as additional development unless covered by an applicable maintenance agreement.


25. Bugs and Defects

FOUNIA LLC may address confirmed defects in delivered functionality where the defect is directly attributable to the agreed development work and falls within any applicable support or warranty period.

A defect does not generally include:

  • New feature requests

  • Client-requested changes

  • Third-party service failures

  • Changes to external APIs

  • Operating-system changes

  • Problems caused by unauthorized modifications

  • Problems caused by client infrastructure

  • Problems caused by incorrect client configuration

The applicable project agreement may establish specific defect-resolution terms.


26. User Data and Privacy

Clients are responsible for determining what personal information their application collects and how such information is processed.

Where an application collects personal data, the client is responsible for ensuring that the application and its business practices comply with applicable privacy and data-protection laws.

Depending on the jurisdiction and application type, this may involve privacy notices, consent mechanisms, data retention practices, security controls, and other legal requirements.

FOUNIA LLC can implement technical functionality according to agreed requirements but does not provide legal advice.


27. Regulatory Compliance

Certain industries may be subject to specific regulatory requirements.

Examples include:

  • Healthcare

  • Financial services

  • Education

  • Government

  • Insurance

  • Legal services

The client is responsible for identifying applicable legal and regulatory requirements.

FOUNIA LLC does not guarantee regulatory compliance unless a specific compliance service or requirement is expressly included in a written agreement.

Clients should obtain appropriate legal, regulatory, security, or compliance advice where necessary.


28. Security

FOUNIA LLC takes reasonable technical considerations into account when developing applications.

However, no software, network, device, or online service can be guaranteed to be completely secure.

FOUNIA LLC does not guarantee that an application will be immune from:

  • Hacking

  • Malware

  • Unauthorized access

  • Data breaches

  • Vulnerabilities

  • Service attacks

  • Device compromise

  • Third-party security incidents

Clients are responsible for maintaining appropriate credentials, infrastructure, accounts, and operational security.


29. Confidentiality

FOUNIA LLC may receive confidential information during a project.

We will take reasonable measures to protect confidential business information shared with us for the purpose of delivering services.

Clients should identify particularly sensitive information where appropriate.

Where a separate Non-Disclosure Agreement is required, the parties may execute an NDA covering confidentiality obligations in greater detail.


30. Portfolio and Marketing Rights

Unless otherwise agreed in writing, FOUNIA LLC may request permission to reference completed work for portfolio, case-study, or marketing purposes.

We will not intentionally disclose confidential information as part of such use.

If a client requires strict confidentiality or does not want a project referenced publicly, this should be communicated before project completion and documented where appropriate.


31. Intellectual Property Infringement

Clients must not request or provide materials that knowingly infringe another party’s intellectual property rights.

FOUNIA LLC may refuse requests involving suspected infringement, unauthorized copying, counterfeit content, stolen software, or other unlawful materials.

Clients are responsible for ensuring that trademarks, images, fonts, text, code, videos, data, and other supplied materials are properly authorized.


32. Prohibited Uses

You may not use FOUNIA LLC services to create or support applications intended for unlawful activities.

This includes applications primarily designed to facilitate:

  • Fraud

  • Identity theft

  • Unauthorized access

  • Malware distribution

  • Phishing

  • Illegal financial activity

  • Harassment

  • Abuse

  • Theft

  • Other unlawful conduct

FOUNIA LLC reserves the right to decline projects that present significant legal, ethical, security, or reputational concerns.


33. Third-Party Platform Policies

Applications developed by FOUNIA LLC may be subject to rules imposed by third-party platforms.

Clients are responsible for complying with applicable terms from:

  • Apple

  • Google

  • Payment providers

  • Cloud providers

  • API providers

  • Hosting providers

  • Other third-party platforms

FOUNIA LLC cannot control changes made by those providers.


34. Website Content

The content published on the FOUNIA LLC website is provided for general informational purposes.

We make reasonable efforts to maintain accurate information, but we do not guarantee that every website statement will always be complete, current, or error-free.

Service descriptions, features, package information, pricing, availability, and other website content may change without prior notice.

A signed agreement, approved proposal, or applicable invoice may supersede general website descriptions.


35. Testimonials and Examples

Testimonials, examples, demonstrations, illustrations, and portfolio materials may be used to describe our services.

Individual results may vary.

Examples do not guarantee that a particular client will achieve identical results, performance, downloads, revenue, rankings, engagement, or business outcomes.


36. No Guarantee of Business Results

FOUNIA LLC provides development services but does not guarantee specific commercial results.

We do not guarantee:

  • Revenue

  • Profit

  • Downloads

  • User growth

  • Customer acquisition

  • App Store ranking

  • Google Play ranking

  • Search ranking

  • Conversion rates

  • Advertising performance

  • Market success

Business results depend on many factors outside our control.


37. Cancellation by Client

A client may request cancellation of a project.

Cancellation terms depend on the stage of the project, completed work, outstanding commitments, third-party costs, and the applicable agreement.

Work already completed may be chargeable.

Where a project has already entered development, design, integration, testing, or other substantial work, amounts associated with completed or committed work may not be refundable.

Any refund eligibility will be determined according to the applicable refund terms and project agreement.


38. Suspension or Termination by FOUNIA LLC

FOUNIA LLC may suspend or terminate services where:

  • Payments remain overdue.

  • The client materially breaches these terms.

  • The project involves unlawful activity.

  • The client provides fraudulent information.

  • The client repeatedly fails to cooperate.

  • The project presents unreasonable security risks.

  • Continuing the project would create legal or ethical concerns.

  • The client engages in abusive or threatening conduct.

Where appropriate, FOUNIA LLC may provide notice and an opportunity to resolve the issue.


39. Refunds

Refund eligibility depends on the nature of the service, project stage, work already completed, and applicable written agreement.

Because development services involve time, labor, planning, design, technical work, and potentially non-reversible project activities, completed work may not automatically qualify for a refund.

Any specific refund policy provided with a package or project agreement will apply to that purchase.


40. Force Majeure

FOUNIA LLC will not be liable for failure or delay caused by circumstances beyond its reasonable control.

Such circumstances may include:

  • Natural disasters

  • War

  • Civil unrest

  • Government actions

  • Internet outages

  • Power failures

  • Cybersecurity incidents

  • Major technology platform outages

  • Third-party service failures

  • Labor disruptions

  • Epidemics or pandemics

  • Infrastructure failures

  • Other extraordinary events

Where reasonably possible, FOUNIA LLC will communicate significant delays caused by such circumstances.


41. Limitation of Liability

To the maximum extent permitted by applicable law, FOUNIA LLC will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from the use of our website or services.

This may include losses related to:

  • Lost profits

  • Lost revenue

  • Lost business opportunities

  • Lost data

  • Business interruption

  • Loss of goodwill

  • Loss of anticipated savings

  • Third-party claims

Nothing in these Terms and Conditions is intended to exclude liability that cannot legally be excluded or limited under applicable law.


42. Client Responsibility for Backups

Clients are responsible for maintaining appropriate backups of their own data, systems, content, accounts, and production environments unless backup services are expressly included in the project agreement.

FOUNIA LLC may recommend backup procedures but does not automatically assume responsibility for maintaining all client data.


43. Third-Party Failures

FOUNIA LLC is not responsible for failures caused by third-party systems outside our reasonable control.

This may include:

  • Cloud services

  • Hosting providers

  • Payment gateways

  • APIs

  • App Stores

  • Google Play

  • Internet service providers

  • Analytics platforms

  • Authentication providers

  • External databases

If a third-party service becomes unavailable or changes its terms or functionality, additional work may be required.


44. Communication

Project communication may occur through email or other agreed communication channels.

Clients should provide accurate contact information and respond to project-related communications within a reasonable period.

Official project instructions, approvals, and scope changes should preferably be documented in writing to reduce misunderstandings.


45. Electronic Communications

By communicating with FOUNIA LLC electronically, you consent to receiving project-related communications electronically where permitted by law.

Electronic communications may include:

  • Project updates

  • Invoices

  • Proposals

  • Approvals

  • Technical questions

  • Delivery notices

  • Service communications

You should maintain access to the email address associated with your project.


46. Changes to Services

FOUNIA LLC may modify, update, add, or discontinue website features or service offerings.

Changes to future services do not automatically alter the terms of an already approved project unless required by law or expressly agreed by the parties.


47. Changes to These Terms

FOUNIA LLC may update these Terms and Conditions from time to time.

The updated version will be posted on our website with a revised “Last Updated” date.

Your continued use of the website after updated terms are published may constitute acceptance of the revised terms, subject to applicable law.

For active projects, the terms incorporated into the applicable agreement may continue to govern that project unless otherwise agreed.


48. Governing Law

These Terms and Conditions are intended to be governed by the applicable laws of the jurisdiction in which FOUNIA LLC is legally organized, unless a separate written agreement provides otherwise.

Any dispute should first be addressed through good-faith communication and reasonable efforts to reach a mutually acceptable resolution.

Nothing in these terms prevents either party from exercising rights that cannot legally be waived.


49. Dispute Resolution

If a dispute arises, both parties are encouraged to attempt to resolve the matter through direct communication.

Where appropriate, the parties may consider:

  1. Written notice describing the dispute.

  2. Good-faith negotiation.

  3. Mediation or another mutually agreed dispute-resolution process.

  4. Formal legal proceedings where other reasonable methods do not resolve the dispute.

Specific dispute-resolution provisions in an applicable signed agreement may supersede this general section.


50. Severability

If any provision of these Terms and Conditions is determined to be invalid, unlawful, or unenforceable, the remaining provisions will continue to apply to the maximum extent permitted by law.

The invalid provision may be modified or interpreted to the extent necessary to make it enforceable while preserving its intended purpose.


51. No Waiver

A failure by FOUNIA LLC to enforce any provision of these terms does not constitute a waiver of our right to enforce that provision in the future.

A waiver must be expressly communicated or documented where legally required.


52. Assignment

The client may not transfer or assign its rights or obligations under a project agreement without appropriate written consent where such consent is legally required.

FOUNIA LLC may assign or transfer its rights and obligations as part of a business restructuring, merger, acquisition, or other legitimate business transaction, subject to applicable law.


53. Entire Agreement

These Terms and Conditions, together with any applicable proposal, quotation, statement of work, invoice, written agreement, or other expressly incorporated document, constitute the understanding between FOUNIA LLC and the client regarding the relevant services.

If there is a conflict between these website terms and a specific signed project agreement, the specific written project agreement will generally control for that project.


54. No Partnership or Employment Relationship

Using FOUNIA LLC services does not create a partnership, joint venture, employment relationship, agency relationship, or franchise relationship between FOUNIA LLC and the client unless expressly agreed in writing.

Each party remains an independent contracting party.


55. Accessibility

FOUNIA LLC aims to provide a usable and accessible website experience.

If you encounter accessibility difficulties or require information in an alternative format, please contact us using the details below.


56. Contact Information

If you have questions about these Terms and Conditions, our services, a project, payments, or any other matter related to FOUNIA LLC, please contact us.

FOUNIA LLC

Website: https://founia.com/

Email: info@founia.com

Address:
1209 MOUNTAIN ROAD PL NE STE R
ALBUQUERQUE, NM 87110
United States


57. Important Notice

These Terms and Conditions are intended to establish general rules for using FOUNIA LLC’s website and engaging with its mobile application development services.

They are not a substitute for legal advice and may need to be reviewed and customized by a qualified attorney to reflect FOUNIA LLC’s exact legal entity structure, state of formation, applicable jurisdiction, payment practices, refund policy, intellectual-property arrangements, privacy obligations, and industry-specific requirements.

Where a separate written contract, statement of work, or service agreement is provided, that document may contain additional terms specific to the project.

By using the FOUNIA LLC website or engaging FOUNIA LLC for services, you acknowledge that you have had an opportunity to review these Terms and Conditions and agree to be bound by the applicable provisions.