Terms & Conditions

1. Eligibility

You must be at least 18 years old and legally capable of entering into a binding agreement to purchase or use our Services.

By making a purchase, you represent that the information you provide is accurate and that you are authorized to use the payment method submitted.

2. FBA Foundry Services

FBA Foundry provides educational programs, mentorship, consulting, strategic guidance, research, reviews, digital materials and related services concerning Amazon selling, private-label brands, business development and related topics.

Services may include, depending on the specific offer purchased:

• group or private mentorship;
• educational programs and training materials;
• live calls or consulting sessions;
• Product Selection Reviews;
• product or brand analysis;
• recorded or written feedback;
• templates, frameworks and resources;
• course or membership-platform access;
• post-purchase support; and
• other deliverables expressly described on the applicable offer page.

The specific scope, deliverables, duration, price, access period, turnaround time and inclusions of your purchase are those expressly described on the applicable FBA Foundry offer page, checkout page, booking page or order confirmation at the time you purchase.

Offer-specific terms disclosed at or before purchase form part of your agreement with us.

If an offer-specific written term expressly conflicts with these Terms regarding that particular purchase, the more specific offer term will control for that issue.

3. Educational and Advisory Nature of Services

FBA Foundry provides education, strategic guidance, research, analysis and feedback.

Unless expressly stated otherwise in writing, we do not operate your business for you, make final business decisions on your behalf, control your Amazon Seller Central account, purchase inventory for you, guarantee suppliers or service providers, or guarantee the implementation of any recommendation.

All decisions concerning your business remain your responsibility.

Our Services do not constitute legal, tax, accounting, financial, investment, regulatory or other licensed professional advice.

You should consult qualified professionals regarding legal, tax, regulatory, accounting, intellectual-property, product-safety or other professional matters applicable to your circumstances.

4. No Earnings, Sales or Business-Result Guarantee

Starting and operating a business involves risk.

FBA Foundry does not promise, warrant or guarantee that you will:

• earn any particular amount of revenue or profit;
• achieve a specific return on investment;
• successfully launch a product;
• reach a particular sales volume;
• achieve or maintain a particular Amazon ranking;
• obtain or maintain Amazon account or category approval;
• receive a certain number of reviews;
• achieve a certain advertising result;
• build a business of any particular value;
• sell or exit a business;
• recover the cost of our Services; or
• achieve any other particular financial or business result.

Your results depend on numerous factors outside our control, including your decisions, execution, effort, experience, capital, products, suppliers, competition, advertising performance, pricing, market conditions, customer demand and changes made by Amazon or other third parties.

You understand that you may earn less than expected, earn nothing or lose some or all of the money you invest in a business.

Nothing presented by FBA Foundry should be interpreted as a promise or guarantee of future earnings or results.

5. Examples, Case Studies and Testimonials

From time to time, FBA Foundry may reference examples, case studies, business results, historical results, demonstrations or customer experiences for educational or marketing purposes.

Such examples illustrate particular circumstances and are not promises or guarantees that you will obtain identical or similar results.

Past performance does not guarantee future results.

Any testimonial reflects the experience and opinion of the person providing it. We do not represent that a particular result is typical unless expressly stated and supported by a reasonable basis.

Nothing in these Terms authorizes FBA Foundry to make false or misleading representations or eliminates rights that cannot legally be waived.

6. Your Responsibility for Business Decisions

You retain complete responsibility for determining whether and how to act on information, research, recommendations or strategies provided by FBA Foundry.

You are responsible for conducting appropriate due diligence before:

• selecting or launching a product;
• investing capital;
• purchasing inventory;
• entering into supplier agreements;
• selecting manufacturers or service providers;
• filing trademarks or other intellectual-property applications;
• making product or advertising claims;
• choosing product ingredients or specifications;
• importing or exporting products;
• launching advertising;
• opening marketplace accounts; or
• making any other business decision.

A recommendation, review, opinion or analysis provided by FBA Foundry does not transfer responsibility for the final decision to us.

7. Product Selection and Business Analysis

Where you purchase a Product Selection Review, product analysis, brand review or similar customized service, our conclusions and recommendations are based on information reasonably available at the time of the analysis, including information supplied by you and information obtainable from relevant marketplaces, research tools or other sources.

Markets, competition, costs, consumer demand, Amazon data, platform rules and other conditions can change at any time.

A recommendation that a product appears attractive, viable or worth further consideration is not a guarantee that the product will be profitable or commercially successful.

Our analysis does not constitute a legal patent search, trademark clearance, regulatory approval, product-safety certification, laboratory analysis or other professional certification.

You remain responsible for completing appropriate legal, regulatory, intellectual-property, product-safety, financial and commercial due diligence before launching a product.

8. Third-Party Platforms and Amazon

FBA Foundry is an independent education and consulting business.

FBA Foundry is not Amazon.com, Inc., Amazon Seller Central, Meta Platforms, Inc., Google LLC or any other third-party platform and is not sponsored by, endorsed by or affiliated with those companies.

Amazon and other third parties control their own:

• policies;
• algorithms;
• eligibility requirements;
• fees;
• rankings;
• account approvals;
• category approvals;
• enforcement actions;
• suspensions;
• advertising systems;
• marketplace functionality; and
• services.

Their policies and systems may change at any time.

We cannot guarantee continued access to a third-party platform or that a particular method, feature, strategy or recommendation will remain available, permitted or effective following a policy, market or technological change.

You are responsible for complying with the current rules and requirements applicable to your own accounts and business and remain compliant with Amazon and its selling policies and with all other platform policies.

9. Pricing and Payment

You agree to pay the price disclosed to you at or before checkout.

Prices, currencies, payment schedules and any applicable taxes or fees will be presented as part of the applicable offer or checkout.

Payments may be processed through third-party payment processors.

FBA Foundry generally does not receive or store your complete payment-card number or card security code.

You authorize the payment processor to charge the payment method you provide for the amount and payment schedule you select and authorize during checkout.

10. Installment Payment Plans

Some FBA Foundry Services may allow you to pay a fixed purchase price through installments.

Unless an offer expressly states that it is a cancellable recurring subscription, an installment payment plan is simply a method of paying the agreed total purchase price and is not a month-to-month membership that may be cancelled by stopping participation.

By selecting an installment plan, you authorize our payment processor to charge your selected payment method according to the payment schedule disclosed at checkout until the agreed purchase price has been paid in full.

Your decision to stop participating in or using a purchased Service does not automatically cancel remaining installment obligations.

If a scheduled payment fails, we may reasonably attempt to process the authorized payment again and may suspend access to Services until the account is brought current.

Any rights you have under applicable law remain unaffected.

11. Intake Forms and Customer Cooperation

Certain FBA Foundry Services are customized to the individual purchaser and require information from you before we can begin or complete the applicable service.

After completing your purchase, you are responsible for completing and submitting the intake form associated with the specific Service you purchased.

The applicable intake form will generally be made available immediately following checkout and may also be sent to the email address you provided at purchase so that you may complete it at your convenience.

You are responsible for:

• completing the applicable intake form accurately and completely;
• providing all information and materials reasonably required for us to perform the purchased Service;
• submitting the form through the designated online submission method;
• responding to reasonable requests for clarification or additional information; and
• monitoring the email address provided at checkout, including spam, junk and promotional folders, for intake instructions and other communications relating to your purchase.

If you do not complete or submit the required intake form, or if information provided is materially incomplete, inaccurate or insufficient, we may be unable to begin or complete the applicable Service.

Unless the applicable offer expressly states otherwise, any stated turnaround, review, delivery or completion period for a customized Service begins only after we have received your completed intake form and all information reasonably required to perform the Service.

A delay by you in submitting an intake form, responding to a reasonable request for clarification or providing required information will correspondingly delay our ability to perform the Service and will not constitute a delay, failure or breach by FBA Foundry.

Failure to complete or submit a required intake form does not, by itself, create a right to a refund or cancellation except where expressly provided by the applicable Refund/Cancellation Policy or required by law.

If you believe you have not received or cannot locate the intake form associated with your purchase, you are responsible for contacting FBA Foundry at [email protected] so that we can provide or resend the appropriate link.

12. Information Provided by You

You are responsible for ensuring that information submitted through applications, intake forms, consultations or communications is truthful, accurate and reasonably complete.

We are entitled to rely on information you provide when performing customized Services.

FBA Foundry is not responsible for an inaccurate, incomplete or unsuitable recommendation or deliverable to the extent that it results from materially inaccurate, incomplete, misleading or withheld information supplied by you.

If circumstances materially change after you submit an intake form, you should notify us if that change could reasonably affect the Service being performed.

13. Delivery and Access

Digital Services, deliverables, onboarding instructions or access information may be provided through email, an online portal, a course or membership platform, a scheduling platform, video-conferencing software, recorded video, downloadable files or another reasonable electronic delivery method.

You are responsible for providing a valid email address at checkout and maintaining access to that email account.

You are also responsible for reviewing spam, junk and promotional folders and for contacting us if expected communications cannot be located.

Program access periods and Service durations are determined by the specific offer purchased.

If a Service includes a stated turnaround time, that turnaround time is subject to the intake and cooperation requirements described in these Terms.

14. Consulting, Mentorship and Live Sessions

Where an offer includes scheduled consulting, mentorship or live sessions, you are responsible for scheduling and attending those sessions in accordance with the applicable offer or booking instructions.

Any cancellation, rescheduling, lateness or no-show policy disclosed on the applicable booking page, offer page or confirmation message forms part of your agreement for that session.

Failure to attend, schedule or make use of an available session does not automatically create a refund right.

You are responsible for arriving prepared and providing information reasonably necessary for the session to be useful.

FBA Foundry may reasonably refuse to extend a scheduled session because of customer lateness.

15. Refunds and Cancellations

Unless a specific FBA Foundry offer expressly provides a refund, cancellation right or written guarantee at or before purchase, purchases are considered final once the applicable digital access, customized work or professional Service has begun or been made available, except where a refund is required by applicable law.

Where an offer includes a specific refund policy, the conditions and procedures disclosed with that offer form part of your agreement.

We will not impose undisclosed material refund requirements after purchase.

A customer's decision not to use, attend, access or complete a purchased Service does not by itself create a refund right.

Likewise, failure to submit a required intake form or provide information necessary for us to perform a customized Service does not by itself create a refund right.

Nothing in these Terms limits a non-waivable refund, cancellation or consumer right provided by applicable law.

Questions concerning a refund or cancellation should be directed to [email protected]

16. Payment Disputes and Chargebacks

If you believe a payment is incorrect or you have a problem concerning a purchased Service, we encourage you to contact us promptly at [email protected] so that we can investigate and attempt to resolve the matter.

Nothing in these Terms waives any legitimate right you may have under applicable law or applicable card-network rules.

If you initiate a payment dispute, chargeback or similar claim, you authorize and acknowledge that we may provide the payment processor, issuing bank, card network or other relevant financial institution with information reasonably relevant to the dispute.

Such information may include, where applicable:

• transaction records;
• checkout records;
• these Terms;
• applicable refund or cancellation policies;
• evidence of your acceptance of applicable terms;
• account-access records;
• intake-form submissions;
• delivery records;
• session bookings and attendance records;
• communications between you and FBA Foundry;
• evidence of completed or partially completed Services; and
• other information reasonably necessary to respond to the dispute.

We reserve the right to contest a payment dispute that we reasonably believe is incorrect or inconsistent with the transaction, authorization or Services provided.

17. Intellectual Property

Unless expressly stated otherwise, FBA Foundry owns or licenses the training materials, videos, presentations, frameworks, templates, processes, graphics, written materials, recordings, course materials and other proprietary content made available through the Services.

Purchasing a Service grants you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable license to use the materials for your own educational and business purposes.

You may not, under any circumstance:

• copy or redistribute substantial portions of paid materials;
• share paid account credentials or access;
• resell or sublicense our materials;
• republish paid materials publicly;
• reproduce or distribute recordings of paid sessions;
• commercially exploit our course materials or frameworks;
• use our proprietary materials to create a competing educational product; or
• remove copyright or proprietary notices.

18. Materials You Provide to Us

You retain ownership of business information, product ideas, documents, photographs and other materials you submit to FBA Foundry.

You grant us a limited right to access, review, reproduce and internally process such materials to the extent reasonably necessary to:

• perform the Service you purchased;
• communicate with you;
• maintain appropriate records;
• protect against fraud or payment disputes; and
• comply with legal obligations.

This does not give FBA Foundry ownership of your underlying business or product ideas.

Our handling of personal information is further governed by our Privacy Policy.

19. Confidentiality and Group Programs

If you participate in a group program, community or live session, you agree to respect the privacy and confidential information of other participants.

You may not knowingly publish or distribute another participant's private personal information, Seller Central information, confidential business data or non-public product information without authorization.

FBA Foundry is not responsible for independent statements, advice, conduct or business arrangements entered into between participants.

You should avoid sharing information in group environments that you consider highly confidential or commercially sensitive unless you are comfortable doing so.

20. Recording of Sessions

Certain group sessions or educational calls may be recorded for program delivery, participant access, training, quality assurance or other legitimate program purposes.

Where a session will be recorded, notice will be provided and consent will be obtained where required by applicable law.

You may not independently record, reproduce or distribute a private or paid FBA Foundry session without permission.

21. Reviews, Testimonials and Feedback

You remain free to express your honest opinion regarding FBA Foundry and its Services.

If you separately and voluntarily submit a testimonial, success story, photograph, video or other content specifically for promotional use and authorize us to use it, we may use that material in accordance with the permission you provide.

Where required by law, material relationships, compensation or incentives connected with an endorsement or testimonial will be disclosed.

22. Acceptable Conduct

You agree not to use the Services to:

• violate applicable law;
• intentionally violate third-party intellectual-property rights;
• misuse another person's account or information;
• distribute malware or malicious software;
• harass or threaten FBA Foundry personnel or other participants;
• obtain unauthorized access to another person's account;
• fraudulently obtain Services;
• share purchased account access without authorization; or
• materially interfere with the operation or security of the Services.

We may take reasonable action to protect FBA Foundry, our customers, our personnel and our systems from abusive, fraudulent or unlawful conduct.

23. Suspension or Termination

We may suspend or terminate access to a Service for material breach of these Terms, fraud, unlawful conduct, abusive or threatening conduct, disturbing group calls, unauthorized account sharing, material intellectual-property misuse, security threats or unresolved payment default.

Where reasonable under the circumstances, we may provide notice and an opportunity to correct the issue.

Termination resulting from your material breach does not automatically eliminate payment obligations that arose before termination, subject to applicable law.

24. Third-Party Service Providers and Referrals

FBA Foundry may identify, recommend or provide information concerning manufacturers, freight forwarders, designers, software providers, attorneys, accountants, agencies, contractors or other third-party providers.

Unless expressly stated otherwise, those providers are independent third parties.

You are responsible for evaluating and selecting any third party you choose to hire.

We do not guarantee the quality, performance, availability, pricing, conduct or continued operation of an independent third party.

The fact that a provider has been used, recommended or identified by FBA Foundry does not make FBA Foundry responsible for that provider's acts or omissions.

If FBA Foundry receives compensation or another material benefit for a referral where disclosure is legally required, that relationship will be disclosed.

25. Communications

By purchasing or using our Services and providing your contact information, you consent to receive communications reasonably necessary to administer your relationship with FBA Foundry, including:

• receipts;
• payment notices;
• intake forms;
• onboarding instructions;
• deliverables;
• appointment information;
• requests for additional information;
• account notices;
• security notices; and
• customer-support communications.

Marketing communications are handled separately in accordance with applicable law and your communication preferences.

You may unsubscribe from marketing emails using the unsubscribe mechanism provided in those messages.

Unsubscribing from marketing does not prevent us from sending transactional or Service-related communications reasonably necessary to administer an existing purchase.

26. Privacy

Our collection and use of personal information is governed by the FBA Foundry Privacy Policy.

By using the Services, you acknowledge that information may be processed by third-party providers reasonably necessary to operate the Services, such as payment processors, scheduling services, email providers, customer-management systems, course platforms, analytics providers and video-conferencing services.

27. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.

We do not warrant that:

• a particular business strategy will produce a particular outcome;
• marketplace data will remain unchanged;
• third-party information will always be complete or error-free;
• a product recommendation will be profitable;
• a supplier or provider will perform as expected;
• a marketplace account will remain available;
• Amazon or another platform will approve a product, listing or account;
• advertising performance will meet a particular target; or
• any specific business opportunity will remain available.

Nothing in these Terms excludes a warranty or consumer right that applicable law does not permit us to exclude.

28. Limitation of Liability

To the maximum extent permitted by applicable law, FBA Foundry and its owners, officers, employees, contractors and agents will not be liable for indirect, incidental, special, punitive, exemplary or consequential damages arising out of or relating to the Services.

This includes, where legally permitted, losses involving:

• lost profits;
• lost revenue;
• lost business opportunities;
• lost inventory value;
• advertising expenditure;
• supplier losses;
• marketplace suspension;
• account restriction;
• product failure;
• business interruption;
• marketplace violations;
• loss of data; or
• decisions you make based on educational or advisory information.

To the maximum extent permitted by applicable law, FBA Foundry's aggregate liability arising from a particular purchased Service will not exceed the amount you actually paid to FBA Foundry for that particular Service.

These limitations do not apply where liability cannot legally be excluded or limited, including where applicable law provides otherwise.

29. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless FBA Foundry and its owners, officers, employees, contractors and agents from third-party claims, liabilities, damages or reasonable costs arising directly from:

• your unlawful use of the Services;
• your own products or business activities;
• your infringement of a third party's rights;
• materially false information you knowingly provide to us; or
• your material breach of these Terms.

30. Events Outside Our Reasonable Control

FBA Foundry will not be responsible for a delay or failure caused by circumstances reasonably outside our control, including significant internet or technology outages, third-party platform failures, natural disasters, government actions, severe illness or incapacity, labor disruptions, war, civil disturbance or similar events.

Where such circumstances materially affect a paid Service, we will make reasonable efforts to resume or reasonably reschedule performance.

31. Modifications to Programs and Delivery

We may make reasonable changes to curriculum, software, delivery platforms, scheduling systems, instructors, resources or methods used to provide a Service where those changes do not materially deprive you of the core Service purchased.

Updates intended to improve or maintain a program do not constitute a breach merely because the exact format differs from an earlier version.

We will not use this provision to substitute a materially different service for the one you purchased without an appropriate remedy where required by law.

32. Electronic Agreement and Records

You agree that electronic acceptance of these Terms has the same effect as acceptance in writing to the extent permitted by law.

Acceptance may include checking an agreement box, clicking a purchase or payment button after the Terms have been conspicuously presented, electronically signing an agreement, or otherwise affirmatively agreeing to the Terms during the purchase process.

You consent to receiving contracts, receipts, policies, notices and other transaction-related records electronically at the email address you provide.

You are responsible for maintaining an accurate email address.

33. Mandatory Consumer Rights

Depending on where you reside, you may have statutory consumer rights that cannot legally be waived.

Nothing in these Terms is intended to eliminate or restrict a right that applicable law does not permit you to waive.

34. Governing Law

To the maximum extent permitted by applicable law, these Terms and disputes arising from them will be governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-law principles.

This provision does not deprive a consumer of mandatory protections that applicable law requires to apply regardless of contractual choice of law.

35. Dispute Resolution

Before initiating formal legal proceedings concerning a dispute arising from a purchased Service, you and FBA Foundry agree to make a reasonable good-faith effort to resolve the dispute directly.

A customer may initiate this process by sending a written description of the issue and requested resolution to [email protected]

Nothing in this section prevents either party from seeking urgent relief where reasonably necessary or exercising a right that applicable law does not permit to be restricted.

Unless mandatory applicable law requires otherwise, any judicial proceeding arising out of these Terms will be brought in a court of competent jurisdiction in Wyoming.

36. Assignment

You may not transfer your rights to paid program access or Services to another person without our written permission.

FBA Foundry may assign its rights and obligations under these Terms in connection with a merger, acquisition, restructuring, sale of substantially all relevant business assets or similar business transaction, subject to applicable law.

37. Severability

If any provision of these Terms is determined to be invalid or unenforceable, that provision will be enforced to the maximum extent legally permitted and the remaining provisions will continue in effect.

38. No Waiver

Failure to enforce a provision of these Terms on one occasion does not waive our right to enforce that provision or another provision in the future.

39. Changes to These Terms

We may update these Terms prospectively to reflect changes in our Services, technology, business practices or legal requirements.

The current version will be posted with its effective date.

Material changes will not retroactively reduce contractual rights applicable to a completed purchase where applicable law requires additional notice or consent.

40. Entire Agreement

These Terms, together with:

• the applicable offer page;
• the checkout or order details;
• any applicable Refund/Cancellation Policy;
• any applicable Earnings & Results Disclaimer; and
• any additional terms expressly presented and accepted in connection with a particular purchase,

constitute the agreement relating to that purchase and supersede prior inconsistent understandings regarding the same Service.

Nothing in this provision excludes liability for fraud, intentional misrepresentation or another right or liability that cannot legally be waived.

41. Contact

Questions regarding these Terms or a purchased Service may be sent to: