Terms of Service
Terms of Service
Effective date: May 21, 2026
These Terms of Service (the "Terms") are a legal agreement between you and Foundation Devices, Inc. ("Foundation," "Company," "we," "our," or "us"). These Terms govern your access to and use of Foundation websites, online stores, customer accounts, checkout, support services, software, firmware downloads, documentation, and related services (collectively, the "Services"), and your purchase or use of Foundation products.
By accessing or using the Services, creating an account, placing an order, downloading software or firmware, or purchasing or using a Foundation product, you agree to these Terms. If you do not agree to these Terms, you may not use the Services or purchase or use Foundation products.
1. Related Terms
Additional terms may apply to particular products, services, or programs, including the Passport Terms of Use, Passport Prime Terms of Use, Limited Product Warranty, Refund Policy, Privacy Policy, Cookies Policy, Shipping Policy, Ambassador Program terms, open-source software licenses, and any terms presented at checkout or in product documentation.
If these Terms conflict with product-specific terms, the product-specific terms will control for the applicable product or feature. If these Terms conflict with an open-source license for specific software components, the applicable open-source license will control for those components.
2. Eligibility and Accounts
You must be at least the age of majority in your jurisdiction, or have the consent of a parent or legal guardian, to use the Services or purchase products. You are responsible for providing accurate, complete, and current information when placing an order, creating an account, contacting support, or otherwise interacting with us.
If you create or use a customer account, you are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must promptly notify us if you believe your account has been compromised.
3. Products, Descriptions, and Availability
Foundation may sell hardware wallets, security devices, accessories, replacement parts, software, firmware, documentation, support services, and related products or services. We attempt to describe products accurately, but we do not warrant that product descriptions, images, pricing, availability, estimated ship dates, compatibility information, or other content is error-free, complete, or current.
Products may be revised, updated, discontinued, replaced, limited, or made unavailable at any time. Foundation may limit quantities, refuse orders, cancel orders, or discontinue products or services in its discretion, subject to applicable law.
Passport Prime is distinct from Passport Core and earlier Passport products. Passport Core has been discontinued and is no longer sold by Foundation, although existing Passport Core devices may remain subject to applicable product-specific terms and warranty rights for eligible purchases.
4. Orders and Checkout
Our online store, checkout, customer accounts, payment flows, fraud-prevention features, and related commerce services are operated in whole or in part through Shopify and related service providers. By placing an order, you authorize us and our service providers to process your order, payment, shipping, taxes, duties, fraud review, and related transaction information.
Your placement of an order is an offer to purchase the selected products or services. We may accept, reject, cancel, hold, or limit an order at any time before shipment or fulfillment, including because of suspected fraud, payment failure, pricing or inventory errors, shipping restrictions, export restrictions, sanctions concerns, product unavailability, or other operational or legal reasons.
An order confirmation, checkout screen, or email acknowledgement does not guarantee acceptance of an order or availability of a product. If we cancel an order after payment has been captured, we will issue any applicable refund to the original payment method or as otherwise required by law.
5. Prices, Taxes, Duties, and Shipping
Prices are listed in the currency shown at checkout and may change at any time. Prices do not include shipping, taxes, duties, import fees, customs fees, carrier fees, or other charges unless expressly stated at checkout.
You are responsible for all applicable taxes, duties, import charges, customs fees, and similar charges associated with your order, except to the extent such amounts are collected at checkout or otherwise required by law to be paid by Foundation. If checkout displays a duties-paid, taxes-included, or similar option, the charges shown at checkout are intended to cover the listed amounts for that order, subject to carrier, customs, and legal requirements.
Shipping and delivery estimates are estimates only and are not guaranteed. Title and risk of loss transfer as provided by applicable law and the shipping terms presented for the order. Foundation is not responsible for delays, losses, or charges caused by inaccurate addresses, recipient unavailability, customs processing, carrier delays, refused delivery, import restrictions, or events outside our reasonable control.
6. Payment and Fraud Review
Payment may be processed by Shopify, payment processors, wallet-payment providers, card networks, fraud-prevention providers, and other service providers. You represent that you are authorized to use the payment method you provide.
We and our service providers may conduct fraud, sanctions, abuse, chargeback, and risk screening. We may request additional information, hold an order, cancel an order, restrict access, or refuse service where we believe doing so is appropriate to protect Foundation, customers, service providers, or third parties.
7. Refunds, Returns, and Cancellations
Due to the sensitive nature of Foundation products, including hardware wallets and related security devices, all sales are final. Foundation does not accept returns or exchanges except where required by applicable law or expressly authorized by Foundation in writing.
Cancellation requests may be considered before an order has shipped or fulfillment has begun. Once an order has shipped, entered fulfillment, or been transferred to a fulfillment, logistics, customs, or carrier provider, the order generally cannot be cancelled.
Defective products and warranty claims are handled under the applicable Limited Product Warranty. For details, see the Refund Policy and Limited Product Warranty.
8. Customer Responsibilities and Security
You are solely responsible for safeguarding wallet secrets, seed phrases, recovery phrases, private keys, PINs, passwords, backup materials, devices, accounts, and any digital assets associated with your use of Foundation products or third-party services.
Foundation cannot recover lost seed phrases, recovery phrases, private keys, PINs, passwords, wallets, or digital assets. Foundation will never ask you to disclose a seed phrase, recovery phrase, private key, PIN, or password. You should never provide such secrets to Foundation, Shopify, Intercom, Flexport, carriers, payment providers, or any support representative.
You are responsible for understanding the risks of self-custody, bitcoin, digital assets, firmware updates, wallet backups, recovery processes, third-party applications, and blockchain transactions. Blockchain transactions may be irreversible. Loss of keys or misuse of a device may result in permanent loss.
9. Software, Firmware, Open-Source Components, and Documentation
Foundation may make software, firmware, documentation, updates, downloads, or other materials available in connection with products or Services. Subject to these Terms and applicable license terms, Foundation grants you a limited, revocable, non-exclusive, non-transferable license to use such materials solely for your personal or internal use with Foundation products.
Certain software or firmware components may be made available under open-source, source-available, or third-party licenses. Those license terms govern the applicable components. Nothing in these Terms limits rights granted under an applicable open-source license.
You may not misuse, reverse engineer, bypass security controls, interfere with, resell unauthorized access to, or exploit the Services or Foundation products except to the extent expressly permitted by applicable law or an applicable open-source license.
10. Third-Party Services
The Services and products may interoperate with or link to third-party services, including Shopify, Shop Pay, payment processors, wallet software, blockchain networks, shipping carriers, Flexport, customs brokers, Intercom, analytics providers, advertising platforms, app stores, firmware distribution tools, documentation platforms, and other websites, applications, networks, or services.
Foundation does not control third-party services and is not responsible for their acts, omissions, availability, security, privacy practices, fees, terms, or performance. Your use of third-party services is subject to the terms and policies of those third parties.
11. Privacy
Foundation handles personal information as described in the Privacy Policy. By using the Services, you acknowledge that personal information will be collected, used, disclosed, retained, and otherwise processed as described in the Privacy Policy.
12. Intellectual Property
The Services, product designs, website content, trademarks, logos, trade names, service marks, software, firmware, documentation, images, videos, text, graphics, interfaces, and other materials are owned by Foundation or its licensors and are protected by intellectual-property and other laws.
Except as expressly permitted by Foundation, you may not copy, modify, distribute, sell, lease, publicly display, publicly perform, create derivative works from, or otherwise exploit Foundation materials. All rights not expressly granted are reserved.
If you provide suggestions, ideas, feedback, bug reports, or other comments, you grant Foundation a perpetual, irrevocable, worldwide, royalty-free right to use and exploit such feedback for any purpose without restriction or compensation, subject to applicable law.
13. Prohibited Uses
You may not use the Services or Foundation products to violate law, infringe rights, commit fraud, evade sanctions, distribute malware, interfere with security, abuse support systems, scrape or harvest data unlawfully, misrepresent identity or affiliation, resell products in violation of applicable restrictions, or assist any person in doing the foregoing.
We may suspend, restrict, or terminate access to the Services, cancel orders, or refuse service if we believe these Terms have been violated or if doing so is necessary to protect Foundation, customers, service providers, or third parties.
14. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, PRODUCTS, SOFTWARE, FIRMWARE, DOCUMENTATION, CONTENT, AND THIRD-PARTY INTEGRATIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE," EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN THE APPLICABLE LIMITED PRODUCT WARRANTY.
FOUNDATION DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, AVAILABILITY, ACCURACY, AND QUIET ENJOYMENT.
FOUNDATION DOES NOT WARRANT THAT THE SERVICES OR PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, COMPATIBLE WITH ALL THIRD-PARTY SERVICES, OR FREE FROM HARMFUL COMPONENTS, OR THAT DIGITAL ASSETS WILL BE SECURE, RECOVERABLE, OR FREE FROM LOSS.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOUNDATION AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SUPPLIERS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOST GOODWILL, BUSINESS INTERRUPTION, LOSS OF DIGITAL ASSETS, LOSS OF KEYS, LOSS OF ACCESS, OR COST OF SUBSTITUTE GOODS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOUNDATION'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR ANY PRODUCT WILL NOT EXCEED THE AMOUNT YOU PAID TO FOUNDATION FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.
These limitations apply whether the claim is based in contract, tort, warranty, statute, strict liability, negligence, or any other legal theory, even if a remedy fails of its essential purpose.
Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you.
16. Indemnification
You agree to indemnify, defend, and hold harmless Foundation and its directors, officers, employees, contractors, agents, affiliates, suppliers, and service providers from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to your violation of these Terms, misuse of the Services or products, violation of law, infringement of rights, fraud, unauthorized use of a payment method, or failure to safeguard wallet secrets, accounts, credentials, or devices.
17. Export, Sanctions, and Legal Compliance
You are responsible for complying with all applicable laws, including export-control, sanctions, customs, tax, consumer-protection, and import laws. You may not purchase, access, export, re-export, transfer, or use the Services or products in violation of applicable law or in a sanctioned country, territory, or for a prohibited end use.
We may refuse, cancel, hold, or restrict orders or access where we believe doing so is required or appropriate under applicable law, sanctions, export controls, customs requirements, or risk policies.
18. Dispute Resolution
Please read this section carefully. It requires U.S. users to arbitrate many disputes with Foundation and limits the manner in which you can seek relief from us.
Applicability. Except as provided below, any dispute, claim, or request for relief arising out of or relating to these Terms, the Services, Foundation products, any purchase, or any aspect of your relationship with Foundation will be resolved by binding arbitration rather than in court. You may assert claims in small claims court if your claims qualify, and either party may seek equitable relief in court for infringement or misuse of intellectual-property rights.
Arbitration rules and forum. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. The arbitration will be conducted by JAMS. Disputes involving claims, counterclaims, or requests for relief under $250,000, not inclusive of attorneys' fees and interest, will be subject to JAMS Streamlined Arbitration Rules and Procedures. Other disputes will be subject to JAMS Comprehensive Arbitration Rules and Procedures. JAMS rules are available at https://www.jamsadr.com/.
To begin an arbitration proceeding, you must send a written request for arbitration describing the dispute to Foundation Devices, Inc., 6 Liberty Square #6018, Boston, MA 02109, Attn: Legal. If JAMS is unavailable, the parties will select an alternative arbitral forum. Judgment on the award may be entered in any court of competent jurisdiction.
Authority of arbitrator. The arbitrator will have exclusive authority to resolve disputes relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this arbitration agreement is void or voidable. The arbitrator may award any relief available to an individual under applicable law and these Terms.
Jury-trial waiver. YOU AND FOUNDATION WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO SUE IN COURT AND HAVE A TRIAL BEFORE A JUDGE OR JURY, EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION.
Class-action waiver. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE.
Opt-out. You may opt out of this arbitration agreement by sending written notice to hello@foundation.xyz within 30 days after first becoming subject to this arbitration agreement. Your notice must include your name, address, account email if any, and a clear statement that you wish to opt out of arbitration.
Severability and survival. If any part of this arbitration agreement is found invalid or unenforceable, the remaining parts will remain in effect except to the extent applicable law requires otherwise. This arbitration agreement survives termination of your relationship with Foundation.
19. Governing Law
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law principles, and consistent with the Federal Arbitration Act.
20. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we may provide notice by posting the updated Terms, sending an email, or using another reasonable method. Updated Terms are effective as of the effective date shown unless otherwise stated. Your continued use of the Services or purchase or use of products after the effective date constitutes acceptance of the updated Terms.
21. General
These Terms, together with the policies and terms incorporated by reference, constitute the entire agreement between you and Foundation regarding the Services and products. Our failure to enforce a provision is not a waiver. If any provision is invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in effect.
You may not assign these Terms without our prior written consent. Foundation may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, or by operation of law.
Section headings are for convenience only. "Including" means "including without limitation."
22. Contact
Foundation Devices, Inc.
6 Liberty Square #6018
Boston, MA 02109
Email: hello@foundation.xyz