Terms of Service

Last updated July 22, 2026

Introduction

These Terms of Service (these “Terms” or this “Agreement”) are a contract between you and Freedom Factory Inc. (“Freedom Factory,” “we,” “our,” or “us”) and govern your access and use of our website located at https://freedomfactory.io (the “Interface”), your purchase of our physical self-custody hardware devices, including the device marketed as the PQ1 (each, a “Device”), the ethOS operating software and firmware installed on or made available for a Device (the “Device Software”), our companion application (the “App”), and all related components and such other software applications, products, and services we provide from time to time (together with the Interface, the Devices, the Device Software, and the App, the “Services”).

By purchasing a Device, placing an order through the Interface, downloading, installing, or using the App or the Device Software, clicking “I agree” or a similar attestation, or otherwise accessing or using any portion of the Services, you acknowledge that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

THESE TERMS INCLUDE A WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, AS WELL AS A MANDATORY ARBITRATION CLAUSE THAT GOVERNS RESOLUTION OF CERTAIN DISPUTES AND WAIVES YOUR RIGHT TO SUE IN COURT OR HAVE A TRIAL BY JURY. PLEASE READ THE SECTION TITLED “DISPUTE RESOLUTION, WAIVER OF CLASS ACTION, AND MANDATORY ARBITRATION” CAREFULLY.

THE SERVICES ARE SELF-CUSTODIAL. FREEDOM FACTORY DOES NOT, AT ANY TIME, CUSTODY, HOLD, CONTROL, OR HAVE ACCESS TO YOUR DIGITAL ASSETS, PRIVATE KEYS, SEED PHRASES, OR PASSWORDS. IF YOU LOSE ACCESS TO YOUR DEVICE, SEED PHRASE, OR PRIVATE KEYS, FREEDOM FACTORY CANNOT RECOVER THEM OR YOUR DIGITAL ASSETS FOR YOU.

Amendments to this Agreement

We reserve the right to change, modify, or update these Terms at any time in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by posting the revised Terms on the Interface and updating the “Last updated” date at the top of these Terms. Your continued access or use of any of the Services after any changes to these Terms take effect confirms your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using the Services.

The Services

The Interface

The Interface provides information about Freedom Factory, the Devices, and the other Services, and allows you to place orders for Devices. The Interface may also display informational content, documentation, and resources regarding the setup and use of a Device and the App.

The Devices

Each Device is a physical hardware device designed to allow you to generate and store the private keys and seed phrases used to self-custody Digital Assets and to sign blockchain transactions. As used in these Terms, “Digital Asset” means any digital asset, including cryptocurrencies, crypto assets, stablecoins, and non-fungible tokens, that can only be transmitted by means of blockchain technology. The Devices are designed to support Digital Assets native to or compatible with Ethereum and other Ethereum Virtual Machine based blockchain networks. Your purchase of a Device is subject to the section of these Terms titled “Device Purchase Terms.” A Device is a tool for self-custody. Freedom Factory does not generate, hold, or have any access to the private keys or seed phrases created on your Device, and we cannot access, freeze, transfer, or recover any Digital Assets held at any blockchain address that you control.

The App

We may make available the App as a companion to the Devices. The App may allow you to view blockchain addresses that you control, send Digital Assets, and access swap functionality made available through Third Party Services (as defined below). Like the Devices, the App is self-custodial. We do not collect personal information in order for you to use a Device or the App, we do not maintain user accounts tied to your identity, and we have no visibility into, or control over, your blockchain addresses, transactions, or Digital Assets.

The Paymaster Service

Through the App, we may offer an optional service that sponsors the network transaction fees (commonly known as “gas”) for your transactions on supported Ethereum Virtual Machine based blockchain networks (the “Paymaster Service”). If you elect to use the Paymaster Service, you may pre-fund a Paymaster Service balance. Amounts you pre-fund are converted into the network gas tokens used to sponsor your transactions and are drawn down automatically as you transact, together with the applicable service fee described in the section of these Terms titled “Charges and Fees.” Amounts credited to your Paymaster Service balance are non-refundable and non-withdrawable, may only be applied toward network transaction fees sponsored through the Paymaster Service, have no cash value, and are not transferable.

YOUR PAYMASTER SERVICE BALANCE IS NOT A DEPOSIT OR INVESTMENT ACCOUNT, IS NOT INSURED BY ANY GOVERNMENTAL AGENCY OR DEPOSIT PROTECTION SCHEME, AND DOES NOT ACCRUE INTEREST OR ANY OTHER RETURN.

Open Source

The hardware designs for the Devices and the source code for the Device Software are made available on an open-source basis. Currently, the firmware included in the Device Software is licensed under the GNU General Public License, version 3 (GPLv3), and our smart contracts are licensed under the MIT License, in each case as identified in the applicable public source code repositories. Your use, reproduction, modification, and distribution of any open-source hardware designs or software is governed by the terms of the applicable open-source licenses that accompany them, and nothing in these Terms limits any rights granted to you, or any obligations imposed on you, under those licenses. These Terms govern your purchase of Devices and your access to and use of the Services.

Third Party Services and Release

Third Party Services

The Services may include, integrate with, display, or provide access to products, services, networks, platforms, software, or other offerings provided by third parties (collectively, “Third Party Services”). For example, the App may provide access to swap functionality made available through a third party decentralized exchange aggregation protocol, such as CowSwap; you may elect to use the Ambire wallet browser extension to manage Digital Assets in a browser; and Digital Asset price information displayed on the Services may be provided by third party data providers, such as CoinGecko. Third Party Services are not under our control, and we are not responsible for any Third Party Service, including its content, functionality, accuracy, legality, or any other aspect thereof. Your access or use of any Third Party Service is at your own risk and may be subject to separate terms and policies imposed by the applicable third party, which you are solely responsible for reviewing and complying with. The availability of any Third Party Service on or through the Services does not constitute an endorsement or recommendation by Freedom Factory.

Waiver of Claims

To the maximum extent permitted by applicable law, you waive any and all claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, against Freedom Factory and its affiliates, and each of their respective officers, employees, agents, and successors arising out of or in any way related to your access or use of any Third Party Service or any of the risks set forth in these Terms. You also waive application of Section 1542 of the Civil Code of the State of California, or any similar statute or law of any other jurisdiction. Section 1542 reads as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Device Purchase Terms

This section applies to your purchase of any Device through the Interface.

Purchase and Sale

You agree to purchase each Device at the price displayed on the Interface at the time you place your order, in accordance with the ordering procedures set forth on the Interface. Your submission of an order constitutes an offer to purchase, and no order is binding on Freedom Factory until we accept it, which occurs when we ship the ordered Device. We reserve the right, prior to shipment, to reject or cancel any order in whole or in part, including in cases of suspected fraud, errors in pricing or product information, unavailability of inventory, or where fulfilling the order would cause us to violate applicable law, including sanctions and export control laws. If we cancel an order after your payment has been processed, we will refund the amounts you paid for the cancelled portion of the order. We may limit the quantity of Devices that may be purchased by any single purchaser.

Payment

All prices for Devices are stated in United States Dollars unless otherwise indicated on the Interface. The Interface may display prices denominated in ETH or another Digital Asset for convenience; any such displayed price is an estimate only, and the final price for your order is the United States Dollar price presented at checkout. Payment must be made using a payment method we support, as indicated at checkout, and is processed by our third party payment processors. You represent and warrant that you are authorized to use the payment method you provide. Prices for Devices are exclusive of any shipping charges and Import Charges (as defined below), each of which is your responsibility. We may change the prices of Devices at any time, but changes will not affect orders we have already accepted.

Shipping and Delivery

Devices ship from our fulfillment locations in the United States, Lithuania, and Hong Kong, or such other locations as we may use from time to time. Any delivery dates or timeframes provided are estimates only and are not guaranteed. We are not liable for delays in shipment or delivery attributable to shipping carriers, customs processing, or other events outside of our reasonable control. Title to a Device and risk of loss or damage pass to you upon our delivery of the Device to the shipping carrier, except where applicable consumer protection law mandates that risk passes to you only upon your (or your designee’s) physical receipt of the Device, in which case risk passes at the time required by such law.

Import Charges

Depending on your delivery destination, your order may be subject to import duties, tariffs, customs fees, value added taxes, and similar charges imposed by the destination jurisdiction (collectively, “Import Charges”). For orders shipped to delivery destinations in the United States or the European Union, applicable Import Charges are calculated and collected at checkout. For orders shipped to all other delivery destinations, you are solely responsible for all Import Charges, which are not included in the purchase price or shipping charges. We will provide a purchase receipt with your shipment for use with customs and import authorities upon request or as required. If you refuse a delivery or fail to pay applicable Import Charges for which you are responsible and the Device is returned to us or abandoned, we are not obligated to refund your purchase price.

All Sales Final; Statutory Withdrawal Rights

Except as expressly set forth in this section or as required by applicable law, all Device sales are final, and we do not accept returns or provide refunds or exchanges for Devices. The App is provided free of charge.

If you are a consumer residing in the European Economic Area or the United Kingdom, you have a statutory right to withdraw from your Device purchase, without giving any reason, within fourteen (14) days from the day on which you or a third party designated by you (other than the carrier) takes physical possession of the Device. To exercise this right, you must notify us of your decision to withdraw by an unequivocal statement sent to hi@freedomfactory.io before the withdrawal period expires. You must return the Device to us without undue delay and in any event within fourteen (14) days from the day you notify us of your withdrawal, and you will bear the direct cost of returning the Device. We will reimburse the payments we received from you for the returned Device, including standard delivery charges, without undue delay and no later than fourteen (14) days from the day we receive the returned Device or you supply evidence of having sent it back, whichever is earlier, using the same means of payment you used for the original transaction. You are liable for any diminished value of the Device resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the Device. For the avoidance of doubt, nothing in these Terms limits any right or remedy that you have under applicable law that cannot be excluded or limited by agreement.

No Hardware Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH DEVICE IS SOLD “AS IS” AND “WITH ALL FAULTS,” AND FREEDOM FACTORY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE DEVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR STATUTORY CONSUMER GUARANTEES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, AND NOTHING IN THIS SECTION AFFECTS ANY WARRANTY OR GUARANTEE THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Device Security; Seed Phrases

Upon receiving a Device, you should inspect the packaging and the Device for any signs of tampering or damage before use and contact us at hi@freedomfactory.io if you observe anything unusual. You are solely responsible for safeguarding your Device and for creating, storing, and maintaining the confidentiality of any seed phrase, private key, passcode, or other credential generated on or used with your Device. Freedom Factory will never ask you for your seed phrase or private keys, and any person or communication requesting them is not authorized by Freedom Factory and should be presumed fraudulent.

Eligibility

Generally

To access or use the Services, you represent and warrant that you: (a) are at least eighteen (18) years of age, or the age of legal majority in your jurisdiction of residence, whichever is greater; (b) have the full right, power, capacity, and authority to enter into and comply with these Terms; (c) if you are acting on behalf of a legal entity, are duly authorized to bind that entity to these Terms; and (d) are not, and will not use the Services on behalf of, a Restricted Party (as defined below). You are solely responsible for ensuring that your access and use of the Services complies with all laws, rules, and regulations applicable to you.

Restricted Parties

You represent and warrant to Freedom Factory that you are not a “Restricted Party,” which is any individual, legal entity, or organization who/that is:

• located in, under the control of, or a resident of any jurisdiction that is comprehensively sanctioned or embargoed by the United States, the United Nations, or the United Kingdom;

• a resident, national, or agent of Cuba, certain sanctioned areas of Russia and Ukraine (including without limitation, Crimea, the so-called region of Donetsk, the so-called region of Luhansk, and the so-called region of Zaporizhzhia), Democratic People’s Republic of Korea (North Korea), Iran, and Syria;

• a citizen, resident, located in, or organized in a jurisdiction where your access or use of the Services would be illegal or violate applicable law; or

• subject to any export restriction, end-user restriction, anti-terrorism law, anti-money laundering law, economic sanction, financial sanction, or trade embargo imposed, administered, or enforced by the United States Department of Treasury’s Office of Foreign Asset Control, United States Department of State, United States Department of Commerce, United Nations Security Council, or any other applicable national, regional, provincial, state, municipal, or local law or regulation.

We do not offer, sell, or ship Devices to, and you may not order Devices for delivery to, any jurisdiction described above. Without limiting the foregoing, you agree that you will not export, re-export, transfer, or resell any Device, directly or indirectly, to any Restricted Party or into any jurisdiction described above, and that you will comply with all applicable export control and sanctions laws in connection with your purchase, use, and any transfer of a Device.

Digital Asset Wallets

Non-Custodial

The Devices, the Device Software, and the App are self-custodial software and hardware tools. All private keys and seed phrases are generated on, and stored solely on or by, your Device or other storage you control. Freedom Factory does not custody, control, or have any ability to access, use, freeze, or transfer your Digital Assets or private keys, does not act as your agent, broker, intermediary, or fiduciary with respect to any Digital Asset, and is not a party to, and has no control over, any transaction you effect on any blockchain network. All Digital Asset transactions you initiate are your own, are executed by the applicable blockchain network, and are irreversible once confirmed.

Security

You are solely responsible for the custody and security of your Device, seed phrases, private keys, passcodes, and any other credentials used to access or control your Digital Assets, and for all activity occurring at any blockchain address you control. If you lose, forget, or compromise your seed phrase or private keys, or if your Device is lost, stolen, damaged, or destroyed without a secure backup of your seed phrase, your Digital Assets may be permanently inaccessible. Freedom Factory has no ability to restore, recover, or reset your seed phrase, private keys, or Digital Assets under any circumstances.

Risk Disclosures

You acknowledge, understand, and accept the risks associated with Digital Assets, blockchain technology, and self-custody, including without limitation each of the following:

• Digital Assets, the features, functions, characteristics, operations, use, and other properties and/or software, networks, protocols, systems, or other technology that Digital Assets interact with are complex; and Digital Asset terms, features, or risks may not be readily or fully understood due to such complexities.

• Digital Assets will be irretrievably lost if sent to the wrong address, if the address is improperly formatted, contains an error, or involves a certain type of Digital Asset that is not compatible with the relevant blockchain network.

• Digital Assets may be subject to forks or attacks on the security, integrity, and/or operation of the networks, including any network events. These events may affect features, functionality, operations, use, or properties of any Digital Asset or network and/or the value of any Digital Asset.

• Any Digital Asset or the Services may be targeted by malicious persons or individuals who may attempt to disrupt the Services or steal Digital Assets. This includes but is not limited to malware, hacking, phishing, double spending, smurfing, spoofing, sybil attacks, social engineering, majority mining, mining attacks, distributed denial of service, and blockchain forks.

• The public nature of the internet means that parts or the entire internet may be unreliable or unavailable at any given time. Interruption, delay, corruption or loss of data, the loss of confidentiality or privacy through the course of data transmission, or malware transmission may occur when transmitting data via the internet and/or other technology. This may result in your transactions not being executed according to your instructions at the requested time, or not executed at all. There is no technology that is completely secure or safe.

• Any Digital Asset may decrease in value or lose all value in a short period of time or permanently due to various factors, including but not limited to: government or regulatory activity, the discovery of wrongful or illegal conduct, market manipulation, price distortion, insider dealing, market distortion, malicious wrongdoing or behaviors, changes to the Digital Asset’s nature or characteristics, suspension, or cessation of support for a Digital Asset by exchanges, public opinion, other factors outside of our control, technical advancements, and macroeconomic and political factors.

• Digital Assets held through self-custodial hardware or software, including a Device, are not protected deposits and are not protected by any deposit protection scheme in any relevant jurisdiction. Thus, Digital Assets have a reduced level and type of protection compared to fiat currencies and other asset classes or types.

• A Device is a physical object that may be lost, stolen, damaged, or destroyed, and may be subject to hardware defects, degradation, or failure. Without a secure backup of your seed phrase, the loss, theft, destruction, or failure of your Device may result in the permanent loss of your Digital Assets.

• Digital Assets are subject to an extensive and rapidly evolving regulatory landscape, and any changes to any laws and regulations could adversely impact our ability to offer, and your use of and access to, the Services in your jurisdiction. Further, such changes could also impact your legal obligations with respect to your use of the Services.

• You understand that smart contract transactions automatically execute and settle, and that blockchain-based transactions are irreversible when confirmed. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems are variable and may increase dramatically at any time.

• If you use any swap functionality made available through the Services, the price or cost of a transaction may change between the time you submit the transaction and the time it is executed, and transactions may execute at prices that differ from the prices displayed at submission, including as a result of slippage, network congestion, or the actions of other market participants.

General User Acknowledgements and Covenants

Acknowledgement and Assumption of Risks

You acknowledge and agree that your access and use of the Services, and your purchase and use of any Device, is at your own risk, and that you have carefully considered, understand, and accept the risks described in these Terms, including in the section titled “Risk Disclosures,” together with any other risks associated with Digital Assets, blockchain technology, and self-custody, whether or not described in these Terms. You assume all such risks and all responsibility for any losses you may incur in connection with them.

Non-Reliance

You represent and warrant that you have sufficient knowledge and experience with Digital Assets, blockchain technology, self-custody, and the risks associated with each to evaluate your access and use of the Services, and that you are not relying on Freedom Factory for any advice or recommendation of any kind. Nothing made available on or through the Services constitutes, and may not be relied on as, legal, financial, investment, tax, or other professional advice, or a recommendation, solicitation, or endorsement of any Digital Asset, transaction, or strategy. You are solely responsible for conducting your own due diligence and for all decisions regarding your Digital Assets and your use of the Services.

Prohibited Uses

You agree that you will not engage in, attempt to engage in, or assist any third party to engage in, any of the following categories of activity in connection with your access or use of the Services:

• Unlawful Activity. Activity that violates, or would assist in the violation of, any law, statute, ordinance, regulation, or sanctions program in any relevant jurisdiction, or that involves the proceeds of any unlawful activity.

• Abusive of Others. Activity that defames, abuses, harasses, stalks, threatens, or otherwise violates or infringes the legal rights of any other person, including without limitation rights of privacy and publicity.

• Fraud. Activity that operates to defraud Freedom Factory, other users, or any other person, or that provides any false, inaccurate, incomplete, or misleading information to Freedom Factory.

• Abusive Activity. Activity that imposes an unreasonable or disproportionately large load on our infrastructure, or that detrimentally interferes with, intercepts, or expropriates any system, data, or information; transmitting or uploading any material that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempting to gain unauthorized access to the Services, other users’ Devices or Digital Asset wallets, or any computer systems or networks connected to the Services; or transferring your access to the Services to a third party except as expressly permitted by these Terms.

• Intellectual Property Infringement. Activity that infringes or violates any copyright, trademark, right of publicity or privacy, or any other proprietary right under applicable law, including using any Freedom Factory Materials or trademarks without our express written consent, other than as permitted under the applicable open source licenses or these Terms.

(each, a “Prohibited Use”). You further represent and warrant that none of your activity in connection with the Services will constitute a Prohibited Use, and that all information you provide to us, including shipping information, is accurate and complete.

Changes to the Services

We reserve the right to change, modify, discontinue, or deprecate the Services, or any portion, feature, or functionality of the Services, at any time in our sole discretion and without notice, including the Interface, the App, the Paymaster Service, and the availability of any Device model. Because the Devices, the Device Software, and the App are self-custodial and the Device Software is open source, discontinuation of any Service by Freedom Factory does not affect your control over your Digital Assets, seed phrases, or private keys.

No Liability

We will not be liable to you or any third party for any losses, damages, or costs of any kind arising from or related to any change, modification, discontinuation, or deprecation of the Services or any portion thereof, including any inability to access swap functionality, the Paymaster Service, price information, or any other feature of the Services.

Intellectual Property Rights

Freedom Factory Materials

Unless otherwise indicated or made available under an open source license, the Services and all content and materials made available on or through the Services, including the Interface, designs, text, graphics, images, illustrations, logos, information, data, software, audio, video, and the design, selection, and arrangement thereof (collectively, the “Freedom Factory Materials”), are owned by Freedom Factory or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws.

Open-Source Licenses

Certain components of the Devices and the Device Software, including hardware design files and source code, are made available under open-source licenses. Your rights and obligations with respect to those components are governed exclusively by the terms of the applicable open-source licenses, and to the extent of any conflict between those licenses and these Terms with respect to such components, the applicable open source license controls.

Limitations on Use

Except as expressly permitted by these Terms or an applicable open-source license, you may not copy, reproduce, distribute, republish, download, display, post, transmit, modify, create derivative works of, sell, or exploit any Freedom Factory Materials, in whole or in part, for any commercial purpose without our prior written consent. You may not remove, alter, or obscure any copyright, trademark, or other proprietary rights notices contained in or accompanying the Freedom Factory Materials.

Rights We Grant You

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and the Freedom Factory Materials for your personal, lawful purposes. This license does not include any right to resell any portion of the Services or Freedom Factory Materials, other than the resale of a Device you lawfully own subject to the export and sanctions restrictions in these Terms. Nothing in this section limits any rights granted to you under an applicable open-source license.

Reservation of Rights

We reserve all rights in and to the Services and the Freedom Factory Materials not expressly granted to you in these Terms. Nothing in these Terms shall be construed as conferring, by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark, trade secret, or other intellectual property right of Freedom Factory or any third party.

Trademarks

“Freedom Factory,” “ethOS,” “PQ1,” the Freedom Factory logos, and any other Freedom Factory product or service names, logos, or slogans that may appear on or in the Services are trademarks of Freedom Factory Inc. (whether registered or unregistered, and including any marks for which registration applications are pending) and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks appearing on or in the Services are the property of their respective owners, and any use of them does not imply any affiliation with, or endorsement by, their owners.

Services Content

We do not warrant the accuracy, completeness, timeliness, or usefulness of any information or content presented on or through the Services, including documentation, guides, and Digital Asset price or market information. Price and market information displayed on the Services is provided by third party data sources, is for informational purposes only, may be delayed or inaccurate, and should not be relied upon for any transaction or investment decision. Any reliance you place on any content made available through the Services is strictly at your own risk.

Interactions with Other Users

The Services may link to, or we may maintain, community channels operated on third party platforms, such as an official Discord server, through which users may communicate with each other and with us (collectively, “Communication Software”). You are solely responsible for your interactions and communications with other users, and we are not responsible for the conduct, content, or communications of any user. We do not endorse, verify, or vouch for any statement made by any user through any Communication Software, and any information or advice shared by other users should not be treated as coming from, or being endorsed by, Freedom Factory. We reserve the right, but have no obligation, to monitor or moderate content within Communication Software that we operate.

Referral Program

We may offer a referral program (the “Referral Program”) subject to these Terms and all applicable laws. Through the Referral Program, you may have the opportunity to receive certain benefits or payments (“Incentives”) when you refer individuals personally known to you (each, a “Friend”) who purchase a Device through the Interface using your personal referral link or code (a “Referral Link”), and your Friend may receive a discount on their purchase, in each case in the amounts and on the conditions described on the Interface. The Referral Program is void where prohibited, and you are solely responsible for ensuring that your participation complies with all applicable laws, rules, and regulations.

Incentives

Unless otherwise stated on the Interface, and subject to your ongoing compliance with these Terms: (a) you may be eligible to receive an Incentive when a Friend uses your Referral Link to complete a qualifying Device purchase through the Interface; (b) Incentives may be paid in Digital Assets, such as USDC, and are claimable through the App using the claim credentials we provide; (c) no Incentive is earned for cancelled, refunded, withdrawn, or fraudulent orders; (d) you are solely responsible for any taxes payable on Incentives received by you; and (e) we reserve the right to condition the payment of any Incentive on identity verification or other fraud prevention checks.

Sharing Referral Links

Referral Links are personal, should only be shared with individuals you personally know, and must be used only for personal and non-commercial purposes. You may not publish or distribute Referral Links on commercial websites or blogs, engage in mass emailing, texting, or messaging of persons you do not know, use automated systems or bots to distribute Referral Links, or pay to advertise any Referral Link. When sharing a Referral Link, you must disclose to the Friend that you will receive an Incentive, and the nature of that Incentive, if the Friend makes a purchase using your Referral Link. You are not authorized to make any statement on behalf of Freedom Factory, and all statements you make about Freedom Factory or the Services must be truthful, accurate, and identified as your own opinion.

Misuse; Reservation of Rights

Any misuse of the Referral Program, including creating fake orders, self-referrals, or other fraudulent or abusive activity, as determined in our sole discretion, will result in disqualification from the Referral Program and forfeiture of associated Incentives. We may modify, suspend, or terminate the Referral Program, or your ability to participate in it, at any time for any reason, and we reserve the right to review and investigate all referral activity and to withhold, revoke, or void any Incentive that we determine, in our sole discretion, was procured in violation of these Terms or applicable law, through unauthorized channels, or in association with content we deem offensive or inappropriate. A referred individual may use only one Referral Link, and if a referred individual receives Referral Links from multiple persons, only the Referral Link actually used at purchase will be credited.

Promotions

We may, from time to time and in our sole discretion, make special offers, discounts, contests, sweepstakes, or other promotions available in connection with the Services (each, a “Promotion”). Each Promotion may be subject to additional terms and conditions, which will be made available in connection with the applicable Promotion and are incorporated into these Terms by reference. In the event of a conflict between these Terms and the terms of a Promotion, the Promotion terms control with respect to that Promotion. We may modify, suspend, or terminate any Promotion at any time.

Feedback

We welcome feedback, comments, ideas, and suggestions for improvements to the Services (“Feedback”). Any Feedback you submit is non-confidential, and you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and otherwise exploit such Feedback for any purpose, without any obligation or compensation to you.

Relationship of the Parties

Freedom Factory is a hardware manufacturer and software provider. Nothing in these Terms, and no aspect of the Services, creates or is intended to create any partnership, joint venture, agency, custodial, fiduciary, advisory, brokerage, or trustee relationship between you and Freedom Factory. Freedom Factory is not your agent, broker, intermediary, advisor, or fiduciary, does not owe you any fiduciary duty, and has no obligations to you except as expressly set forth in these Terms or as required by applicable law.

Charges and Fees

Third Party Fees

Your use of Third Party Services, including any swap protocol, wallet extension, or payment processor, may be subject to fees imposed by the applicable third party. Such fees are set by, payable to, and the responsibility of the applicable third party, and Freedom Factory has no control over, and no responsibility for, them.

Our Charges and Fees

We may charge fees in connection with certain Services, including: (a) a convenience fee for providing access to swap functionality through the App; and (b) a service fee, currently ten percent (10%), applied to network transaction fees sponsored through the Paymaster Service. The fees applicable to any Service will be displayed on the Interface or in the App, and we reserve the right, in our sole discretion, to set, modify, or remove any fees from time to time. Fees are non-refundable except as required by applicable law.

Blockchain Fees

Transactions on blockchain networks require the payment of network transaction fees, commonly referred to as gas fees, which are set by the applicable network and paid to network validators or miners, not to Freedom Factory. Except to the extent you elect to use the Paymaster Service, you are solely responsible for paying all gas fees and other network fees required to effect your transactions, and Freedom Factory has no control over, and no responsibility for, such fees.

Warranty Disclaimer

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL FREEDOM FACTORY, ITS AFFILIATES, AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, MAN-IN-THE-MIDDLE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, INTERFACE, OR FREEDOM FACTORY MATERIALS, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF FREEDOM FACTORY THROUGH THE SERVICES, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD PARTY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICES AND ANY SERVICES CONTENT IS AT YOUR SOLE RISK. THE SERVICES, FREEDOM FACTORY MATERIALS, INTERFACE, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF FREEDOM FACTORY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, IN NO EVENT WILL FREEDOM FACTORY, ITS AFFILIATES, AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR, AND EXPLICITLY DISCLAIM, ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATED TO THE SERVICES, FREEDOM FACTORY MATERIALS, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF FREEDOM FACTORY WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (WITHOUT LIMITATION) THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER FREEDOM FACTORY, ITS AFFILIATES, AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES, FREEDOM FACTORY MATERIALS, AND/OR ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF FREEDOM FACTORY.

FREEDOM FACTORY, ITS AFFILIATES, AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES DO NOT REPRESENT OR WARRANT THAT: (A) ACCESS TO THE SERVICES, FREEDOM FACTORY MATERIALS, INTERFACE, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF FREEDOM FACTORY WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, WITHOUT DELAY, ERROR-FREE, SECURE, OR FREE FROM DEFECTS; (B) THE INFORMATION CONTAINED OR PRESENTED ON THE SERVICES, FREEDOM FACTORY MATERIALS, OR INTERFACE IS ACCURATE, RELIABLE, COMPLETE, CONCISE, CURRENT, OR RELEVANT; (C) THE SERVICES, FREEDOM FACTORY MATERIALS, INTERFACE, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF FREEDOM FACTORY OR ANY SOFTWARE CONTAINED THEREIN WILL BE FREE FROM DEFECTS, MALICIOUS SOFTWARE, ERRORS, OR ANY OTHER HARMFUL ELEMENTS, OR THAT ANY OF SUCH WILL BE CORRECTED; OR (D) THE SERVICES, FREEDOM FACTORY MATERIALS, INTERFACE, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF FREEDOM FACTORY WILL MEET ANY USER’S EXPECTATIONS. NO INFORMATION OR STATEMENT THAT WE MAKE, INCLUDING DOCUMENTATION OR PRIVATE COMMUNICATION, SHOULD BE TREATED AS OFFERING ANY WARRANTY CONCERNING THE SERVICES, FREEDOM FACTORY MATERIALS, OR INTERFACE, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF FREEDOM FACTORY. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY CONTENT, ADVERTISEMENTS, OFFERS, STATEMENTS, OR ACTIONS BY ANY THIRD PARTY EITHER REGARDING THE SERVICES, FREEDOM FACTORY MATERIALS, INTERFACE, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF FREEDOM FACTORY. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Freedom Factory, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Services, including, but not limited to, your purchase and use of any Device, your interactions with the Interface or the App, and any other service, product, application, or features accessible on or through the Services; (c) your use of or reliance on the Services’ content or services or products other than as expressly authorized in these Terms; (d) your use or reliance on any information obtained from the Services; (e) your access or use of a Third Party Service; (f) engaging in any Prohibited Use, whether alone or in concert with others; and/or (g) any third party’s access or use of the Services, or of any Device, Digital Asset wallet, or other mechanism that you own or control, with or without your assistance.

Limitation of Liability; Disclaimer of Damages

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL FREEDOM FACTORY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE SERVICES, FREEDOM FACTORY MATERIALS, INTERFACE, ANY DEVICE, AND/OR ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF FREEDOM FACTORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THIS DISCLAIMER OF LIABILITY EXTENDS TO ANY AND ALL DAMAGES CAUSED BY ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY FRAUD, DECEIT, OR MANIPULATION), WHETHER OR NOT A USER, OR ANY FAILURE, EXPLOIT, OR VULNERABILITY OF THE SERVICES, INTERFACE, FREEDOM FACTORY MATERIALS, ANY DEVICE, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF FREEDOM FACTORY.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF FREEDOM FACTORY, AND/OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID DIRECTLY TO FREEDOM FACTORY FOR THE APPLICABLE SERVICES IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY AROSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Dispute Resolution, Waiver of Class Action, and Mandatory Arbitration

Waiver of Class Actions and Right to Jury Trial

To the extent permissible by law, any claim, controversy, or dispute arising out of or related to this Agreement, or any products or services provided in connection with the Services (each a “Dispute”) must be brought in your individual capacity, and not as a plaintiff or class member in any putative class, collective action, or representative proceeding (collectively, “Class Action Waiver”). The arbitrator may not consolidate more than one person’s claims or engage in any arbitration on behalf of a class. You agree that, by entering into this Agreement, you are waiving the right to a trial by jury and the right to participate in a class action.

Informal Resolution

Before filing a claim against Freedom Factory, you agree to try to resolve the Dispute by first emailing hi@freedomfactory.io with a description of your claim and proof of your relationship with Freedom Factory. If we can’t resolve the Dispute within sixty days of our receipt of your first email, you or Freedom Factory may then submit the Dispute to binding arbitration as provided herein.

Arbitration Agreement

All Disputes between you and Freedom Factory must be resolved by final and binding arbitration. By agreeing to binding arbitration, you and Freedom Factory expressly waive the right to formal court proceedings including without limitation trial by jury and class action. This Agreement affects interstate commerce, and the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”).

Conducting Arbitration

The arbitration shall be conducted by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures or, where applicable, its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) then in effect. If you are a consumer, the arbitration shall also be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards, and the most recent version of the JAMS Rules can be accessed on the JAMS website. These Terms shall govern any conflict between the JAMS Rules and these Terms, except that in the case of a conflict between these Terms and the JAMS Consumer Arbitration Minimum Standards applicable to a consumer, the JAMS Consumer Arbitration Minimum Standards control. The location and type of hearing shall be determined in accordance with the JAMS Rules. Further, a party’s right to request a hearing shall also be determined in accordance with the JAMS Rules. Unless otherwise ordered by an arbitrator or pursuant to the JAMS Rules, any in-person arbitration shall be in English and held remotely to the maximum extent and administered in New York, New York, or another mutually agreeable location. Payment of arbitration fees will be governed by the JAMS Rules and, where applicable, the JAMS Consumer Arbitration Minimum Standards.

Confidentiality

Freedom Factory, the arbitrator, and you, will each maintain the confidentiality of any arbitration proceedings, judgments, and awards including information shared and produced during the arbitration.

Arbitration Time for Filing

Any arbitration must be commenced by filing a demand for arbitration within one year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. If a claim is not filed within such period, the Dispute is permanently barred.

Arbitration Opt-Out

You can decline this agreement to arbitrate by emailing us at hi@freedomfactory.io within thirty days of the date that you first agree to this Agreement (the “Opt-Out Period”). To be effective, your email must include your full name, residential address, and a clear statement that you want to opt out of arbitration. If you opt out of arbitration pursuant to this section, then the sections of these Terms titled “Arbitration Agreement” and “Conducting Arbitration” do not apply to you, but the remainder of this Agreement, including the Class Action Waiver, will continue to apply.

Excepted Claims

Notwithstanding the foregoing, there is no requirement to arbitrate, and you and Freedom Factory may bring an individual small claims action in the small claims court in your and Freedom Factory’s respective county of residence as provided under the JAMS Rules, or seek only a temporary restraining order or injunction for alleged breach of confidentiality obligations or alleged infringement or misappropriation of intellectual property in any court having jurisdiction; provided that, in each case, the action is brought as an individual action and not on a class or representative basis.

Severability

If any portion of this section titled “Dispute Resolution, Waiver of Class Action, and Mandatory Arbitration” is found to be unenforceable or unlawful for any reason, the unenforceable or unlawful provision shall be severed from these Terms and such severance of the provision(s) shall have no impact whatsoever on the remainder of this section. Further, to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Lastly, if any provision in this section is found to prohibit an individual claim seeking public injunctive relief, such provision shall have no effect to the extent relief is allowed to be sought outside of arbitration. The remainder of this section shall remain in full force and effect.

Modification

Notwithstanding any term or provision in this Agreement to the contrary, you and Freedom Factory agree that if Freedom Factory makes any future material change to this section titled “Dispute Resolution, Waiver of Class Action, and Mandatory Arbitration,” Freedom Factory will notify you. Your continued use of the Services including the acceptance of products and services offered on the Interface following the posting of changes to this section constitutes your acceptance of any such changes.

Governing Law

This Agreement and any Dispute will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles, except that the section of these Terms titled “Dispute Resolution, Waiver of Class Action, and Mandatory Arbitration” is governed by the FAA. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any purchase of a Device.

Miscellaneous Terms

Assignment

These Terms, and any other document, material, or information referenced herein is particular to you and any attempt that you make to assign, novate, or transfer your rights, interests, liabilities, and/or obligations is null and void, unless you have received Freedom Factory’s prior written consent. Freedom Factory reserves the right to assign our rights without restriction, including without limitation to any of Freedom Factory’s affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their successors and permitted assigns.

Term and Survival

This Agreement will remain in effect for as long as you access or use the Services or own a Device purchased from us. All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation the sections titled “Device Purchase Terms,” “Warranty Disclaimer,” “Indemnification,” “Limitation of Liability; Disclaimer of Damages,” “Dispute Resolution, Waiver of Class Action, and Mandatory Arbitration,” and “Governing Law.”

Nonwaiver of Rights

Freedom Factory’s failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.

Severability

If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation, or any governmental agency whether local, state, or federal, such provision shall be interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law, and the validity or enforceability of any other provision of the Terms shall not be affected.

Force Majeure

You acknowledge and consent that the Services are provided by us according to our current technological capability and other business conditions. While we have made every effort to ensure continuity and security of the Services, we are unable to completely foresee and hedge against all legal, technological, and other risks.

Freedom Factory shall not be held liable for delays, failure in performance, or interruption of Services that result directly or indirectly from any cause or condition beyond our reasonable control. Such instances include: (a) acts of God such as earthquakes, fires, cyclones, explosions, typhoons, monsoons, landslides, lightning, storms, tempests, pandemics, droughts or meteors; (b) acts of war, whether declared or undeclared, including invasion, act of a foreign enemy, hostilities between nations, civil insurrection, or militarily usurped power; and acts of terrorism; (c) civil disorder, such as acts of a public enemy, malicious damage, terrorism, sabotage, or civil unrest; (d) embargoes or sanctions (such as confiscation, nationalization, requisition, expropriation, prohibition, restraint or damage to property by or under the order of any government or governmental authority); (e) unnatural disasters, such as ionizing radiation or contamination by radioactivity from any nuclear waste or from combustion of nuclear fuel; (f) labor disputes, including strikes, blockades, lock-outs, or other industrial disputes; (g) failure of telecommunication outlets, including the internet, communications networks and facilities, or other infrastructure, systems, operations or of equipment relevant to the provision or use of the Services; (h) data breaches or data-processing failure or incomplete processing; and/or (i) changes in laws or regulations that may materially affect the Digital Assets and/or blockchain industries (collectively, “Force Majeure Events”).

Taxes

It is your sole responsibility to determine whether and to what extent any taxes apply to activity you conduct through the Services; and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. No communication or information provided to you by Freedom Factory is intended as, or considered or construed as, legal or tax advice.

Notice

Any notices or other communications provided by us under these Terms including those regarding modifications to these Terms will be posted online, in the Services, or through other electronic communication. You agree and consent to receive electronically all communications, agreements, documents, notices, and disclosures that we provide in connection with your use of the Services.

Privacy

To understand how Freedom Factory collects, uses, and shares information about you, please review our Privacy Policy.

Third Party Beneficiaries

Nothing in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties and their successors and permitted assigns, any of the rights hereunder.

Entire Agreement

These Terms and every other term or provision applicable to you, including any document incorporated by reference herein, constitute the entire agreement and understanding between you and Freedom Factory as to the subject matter hereof, and supersede any and all prior discussions, agreements, and understandings of any kind (including any prior versions of these Terms). Unless otherwise specifically stated, these Terms govern and control any conflict between these Terms and any other agreement you may have with Freedom Factory.

Translation

These Terms are set forth in the English language and all communications including any notices or information being transmitted shall be in English. In the event that these Terms or any part of it is translated (for any proceedings, for your convenience, or otherwise) into any other language, the English language text of these Terms shall prevail.

Contact

If you have any questions about these Terms or the Services, please contact us at hi@freedomfactory.io.