Terms of Service

Timbre helps organizations collect, analyze, and act on feedback about their team members through periodic survey campaigns. Administrators ("Admins") invite respondents to complete surveys about designated subjects; the Service aggregates responses into reports, scores, and AI-generated insights for authorized users within the organization.

You must provide accurate, current information when creating an account and keep your credentials confidential. You are responsible for all activity that occurs under your account. Notify us promptly at [email protected] if you suspect unauthorized use.

The Service is intended for use by working professionals on behalf of an employer or organization, and is not directed to or intended for individuals under the age of 18.

You agree not to, and not to permit others to:

• Use the Service to harass, defame, threaten, or retaliate against any person, including based on survey participation or results;
• Attempt to identify, deanonymize, or single out an individual respondent from aggregated or anonymized feedback;
• Reverse engineer, scrape, or interfere with the Service's normal operation, security, or availability;
• Upload content that is unlawful, infringing, or that you do not have the right to share; or
• Use the Service in violation of any applicable law, regulation, or third-party right, including workplace and employment laws.

Timbre is built around honest, constructive feedback shared in confidence. Where the Service indicates that responses are anonymous, we design our systems — including minimum-respondent thresholds before any per-respondent breakdowns are shown — to reduce the risk that an individual respondent can be identified from their answers. Customers and Admins agree not to use the Service, or any data derived from it, in an attempt to identify individual respondents, and not to take adverse action against any person based on a belief about how they responded.

You are responsible for the accuracy, legality, and appropriateness of the questions, invitations, and any other content your organization submits through the Service, and for ensuring your use of survey results complies with applicable employment and privacy laws.

From time to time we may designate all or part of the Service as a beta, preview, early-access, or other pre-release offering ("Beta Services"), including for organizations we enroll in an evaluation or early-access program. Beta Services are provided for evaluation and are made available "as is" and "as available," without any service-level, uptime, or support commitment, and may contain errors or produce inaccurate results.

We may add, change, suspend, or discontinue Beta Services, or any feature within them, at any time, and pre-release functionality is not guaranteed to become generally available. Beta Services, and any non-public features, screens, roadmap, or pricing disclosed to you in connection with them, are our confidential information, and you agree not to disclose them publicly without our prior written consent. You should not rely on Beta Services for decisions with legal, employment, or other significant consequences, and you are responsible for keeping your own records of any data you consider important, as beta data may be reset or migrated as the product evolves. Where we enroll your organization in a beta program, we may present a supplemental Beta agreement that you must accept before continuing to use the Service.

Paid plans are billed in advance on a recurring basis as described at the time of purchase. Free trials, where offered, convert to a paid subscription unless cancelled before the trial ends. Fees are non-refundable except as required by law or as we expressly state in writing. We may change our pricing on a going-forward basis with reasonable notice.

Foundry Lab, LLC and its licensors retain all rights, title, and interest in and to the Service, including its software, design, and the Timbre name and branding. You retain ownership of the content your organization submits ("Customer Data"), and grant us a limited license to host, process, and display that content solely to provide and improve the Service.

If you or your users choose to provide us with feedback, suggestions, feature requests, or bug reports about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, incorporate, and otherwise exploit that Feedback for any purpose, including to develop and improve the Service, without obligation or compensation to you. Feedback is provided voluntarily and does not have to be treated as your confidential information.

Each party may receive non-public information from the other in connection with the Service. Each party agrees to use the other's confidential information only as needed to perform its obligations or exercise its rights under these Terms, and to protect it with at least the same degree of care it uses for its own confidential information of similar importance.

In providing the Service, we process personal data — including information about your administrators, survey subjects, and respondents — on your behalf and in accordance with our Privacy Policy. As between the parties, your organization is the controller of the Customer Data it submits and is responsible for having any notices, consents, and legal bases required to collect feedback about, and from, the individuals involved, and for using results in compliance with applicable employment, privacy, and data-protection laws.

We act as your processor with respect to Customer Data, use it only to provide and improve the Service, engage vetted third-party sub-processors (such as hosting, email, and AI providers) under confidentiality obligations, and maintain reasonable technical and organizational safeguards. If your organization is subject to GDPR, UK GDPR, CCPA, or similar laws and requires a data processing addendum, contact us at [email protected] and we will make one available.

The Service, including any AI-generated summaries, insights, or recommendations, is provided "as is" and "as available." AI-generated content is produced by automated systems based on the data provided and may be incomplete, imprecise, or reflect patterns that warrant your own judgment before acting on them — it is intended to support, not replace, your own review and decision-making. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted by law, Foundry Lab, LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or goodwill, arising out of or related to your use of the Service. Our total liability for any claim arising out of or relating to these Terms or the Service will not exceed the amount you paid us for the Service in the twelve (12) months preceding the event giving rise to the claim.

You will defend, indemnify, and hold harmless Foundry Lab, LLC and its officers, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your Customer Data, your use of the Service, your violation of these Terms, or your violation of any applicable law or third-party right, including employment, privacy, and data-protection laws. We will notify you of any such claim and may participate in the defense with counsel of our choosing.

You may stop using the Service and close your account at any time. We may suspend or terminate access to the Service if you materially breach these Terms, create risk or legal exposure for us, or if required by law. Upon termination, your right to use the Service ceases, though certain provisions of these Terms — including ownership, disclaimers, limitations of liability, and dispute resolution — will survive.

The Service may send you in-app notifications and email communications related to your account, including campaign activity alerts, billing notices, trial reminders, and system updates. You may manage your notification preferences at any time through the Settings or Preferences page within the Service. Certain transactional communications — such as password resets, billing confirmations, and security alerts — cannot be opted out of and are necessary for the operation of your account.

The Service may generate downloadable PDF reports containing survey results, scores, AI-generated insights, and other aggregated data. These reports are provided for your organization's internal use and are subject to the same confidentiality and acceptable use obligations described in these Terms. You are responsible for securing any exported reports and ensuring they are shared only with authorized personnel within your organization.

You may opt in to receive our newsletter and marketing communications, including product updates, best practices, and industry insights. You can unsubscribe from these communications at any time using the link provided in each email. Unsubscribing from marketing communications does not affect transactional messages related to your account or the Service.

By creating an account or continuing to use the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. We track your acceptance of these Terms, including the version accepted and the date of acceptance, as part of our compliance records. When we make material changes to these Terms, you will be prompted to review and accept the updated version before continuing to use the Service.

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice, such as by posting the updated Terms on this page and updating the effective date above. Continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

These Terms, together with our Privacy Policy and any order or plan you purchase, constitute the entire agreement between you and us regarding the Service and supersede any prior agreements on that subject. You may not assign or transfer these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets. If any provision is found unenforceable, the remaining provisions will remain in full force, and the unenforceable provision will be modified to the minimum extent necessary. Our failure to enforce any right or provision is not a waiver of it. Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between the parties. Neither party is liable for delays or failures caused by events beyond its reasonable control.

These Terms are governed by the laws of the Commonwealth of Pennsylvania, USA, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Service will be subject to the exclusive jurisdiction of the state and federal courts located in Pennsylvania.

Questions about these Terms can be sent to [email protected].

Foundry Lab, LLC · Pennsylvania, USA