Crowdfunding#

Purism Crowdfunding Campaign Terms and Conditions#

These Crowdfunding Campaign Terms and Conditions (“Terms”) govern all crowdfunding campaigns conducted directly by Purism SPC (“Purism,” “we,” “us,” or “our”) on Purism-owned or Purism-controlled platforms, websites, or campaign pages (each, a “Campaign”). By making a pledge, contribution, reservation, preorder, or similar commitment to a Campaign (each, a “Pledge”), you agree to be bound by these Terms and the specific terms, descriptions, disclosures, and end date stated on the applicable Campaign page. “Backer” means any individual or entity that makes, authorizes, or holds a Pledge in connection with a Campaign, whether directly or through an authorized representative.

1. Scope#

  • 1.1. These Terms apply only to crowdfunding campaigns and not to ordinary retail sales, ordinary preorders outside a Campaign, or any other transaction unless expressly incorporated by written reference.

  • 1.2. These Terms apply to both hardware and software-only Campaigns.

2. Campaign Nature#

  • 2.1. Purism Campaigns are not “all-or-nothing” campaigns unless a specific Campaign page expressly states otherwise.

  • 2.2. Purism may continue development of the product, service, or software being crowdfunded regardless of whether any funding target is reached.

  • 2.3. Any stated funding target, stretch goal, timeline, delivery date, or milestone is informational only unless expressly stated in writing on the Campaign page as a binding obligation.

3. Campaign End Date#

  • 3.1. Each Campaign ends on the exact date, time, and timezone stated on the applicable Campaign page (the “Campaign End”).

  • 3.2. If the Campaign page specifies a timezone, that timezone controls. If no timezone is specified in the Campaign page, the default timezone selected is U.S. Pacific Time (UTC-8).

  • 3.3. Force majeure:

    • 3.3.1. Purism shall not be liable for any delay, failure, or inability to perform caused in whole or in part by events beyond its reasonable control, including acts of God, fire, flood, earthquake, storm, epidemic, pandemic, labor dispute, strike, war, terrorism, civil unrest, government action, sanctions, export restrictions, supply chain disruption, carrier failure, manufacturing interruption, component shortage, or failure of third parties.

    • 3.3.2. In such circumstances, Purism may suspend, extend, or modify affected performance obligations as reasonably necessary.

  • 3.4. Purism may extend the Campaign End at any time at its discretion but may not shorten this duration.

  • 3.5. The published Campaign End timestamp is determinative for all purposes under these Terms.

4. Optional Monthly Payment Plan#

  • 4.1. If offered by a Campaign, a Backer may elect to enroll in a monthly payment plan for the selected reward.

  • 4.2. Under such plan, the Backer authorizes Purism to charge the payment method on file in monthly installments until the total amount due for the selected reward has been paid in full, or until the Campaign is canceled or the Pledge is otherwise terminated under these Terms.

  • 4.3. Enrollment in a monthly payment plan is optional and available only if expressly offered by the applicable Campaign.

  • 4.4. The total amount payable under the payment plan shall not exceed the sum of the initial and monthly installments of the payment plan, excluding any applicable taxes, duties, shipping, or other charges disclosed at checkout or in the Campaign terms.

  • 4.5. Failure of any scheduled payment may result in suspension or termination of the Pledge and any associated benefits, at Purism’s discretion, subject to applicable law.

5. Cancellation#

  • 5.1. A Pledge shall be deemed settled twenty-four (24) hours after the associated payment has successfully been credited to Purism’s designated account, unless otherwise required by applicable law or reversed by the payment processor before such time.

  • 5.2. A Backer may only cancel a Pledge prior to payment settlement as defined in section 5.1., and only before the Campaign End.

  • 5.3. For any Pledge made under a monthly payment plan:

    • 5.3.1. Cancellation is permitted only before the Campaign End and only before the applicable payment installment has been processed.

    • 5.3.2. Cancellation shall not relieve the Backer of responsibility for any installment already due, authorized, captured, or settled before the cancellation becomes effective.

    • 5.3.3. Once the Campaign End has occurred, no cancellation of any monthly payment plan Pledge shall be accepted, and all remaining installments shall be governed by these Terms and any campaign-specific payment plan disclosures.

  • 5.4. Any cancellation must comply with the applicable campaign process and payment processing requirements.

  • 5.5. Once the Campaign has ended, no cancellation will be accepted, and no refund will be available, except to the extent required by non-waivable applicable law.

6. Refund#

  • 6.1. Any and all settled Pledges are final and non-refundable.

  • 6.2. No refund, reversal, withdrawal, or chargeback-based refund is permitted after the Campaign End, except where required by applicable law.

  • 6.3. Purism reserves the right to cancel any Pledge or sequence of Pledge payments for a full refund for any reason under its discretion.

7. Failure to Materialize#

  • 7.1. If the crowdfunded product, service, or software ultimately fails to materialize for any reason, no cash refund will be offered, except where required by applicable law.

  • 7.2. Instead, Backers are eligible for conversion of their Pledge value into a Purism store coupon voucher equal to the amount of the Pledge, subject to the following Terms:

    • 7.3.1. Issuance of a store coupon voucher is made within thirty (30) days of clear written request.

    • 7.3.2. Store coupon vouchers are provided in electronic format only.

    • 7.3.3. Store coupon vouchers have no cash value.

    • 7.3.4. Store coupon vouchers are transferable upon clear written agreement of both parties.

    • 7.3.5. Store coupon vouchers provided from a failed crowdfunding campaign do not expire.

    • 7.3.6. Store coupon vouchers may be applied toward any in-stock product, back-ordered product, shipping charges, or applicable sales tax within the Purism store.

    • 7.2.7. Store coupon vouchers may only reduce an order to $0.00; any remaining value is forfeited.

    • 7.2.8. Store coupon vouchers can be denied in jurisdictions requiring cash settlement.

8. Transfer of Pledges#

  • 8.1. A Pledge may be transferred to another person only if all of the following conditions are satisfied:

    • 8.1.1. The request originates from the original Backer;

    • 8.1.2. The request is made in writing;

    • 8.1.3. The request is notarized; and

    • 8.1.4. Purism approves the transfer in writing.

  • 8.2. Purism may reject any transfer request that is incomplete, fraudulent, unclear, untimely, abusive, or inconsistent with these Terms.

  • 8.3. No transfer is effective until confirmed by Purism.

9. Arbitration#

  • 9.1. Any dispute, claim, or controversy arising out of or relating to these Terms, any Campaign, any Pledge, any voucher, or any alleged breach thereof shall be resolved exclusively by binding arbitration, except where prohibited by applicable law.

  • 9.2. The arbitration shall be administered by a recognized arbitration provider selected by Purism and conducted in accordance with its applicable consumer or commercial arbitration rules then in effect, as modified by this Section.

  • 9.3. The seat and venue of arbitration shall be San Francisco, California, USA, unless otherwise required by applicable law.

  • 9.4. The arbitration shall be heard by a single neutral arbitrator selected in accordance with the applicable provider’s rules.

  • 9.5. Purism shall pay arbitration filing and administrative fees to the extent required by applicable law; otherwise, the parties shall share fees as required by the applicable arbitration rules or as ordered by the arbitrator.

  • 9.6. Each party shall bear its own attorneys’ fees and costs unless the arbitrator awards fees or costs under applicable law or the parties’ agreement.

  • 9.7. A Backer may opt out of this arbitration agreement by providing written notice to Purism within thirty (30) days after first accepting these Terms, in the manner described on the Campaign page or designated notice address.

  • 9.8. To the maximum extent permitted by law, the parties waive any right to litigate in court any dispute subject to arbitration and waive any right to participate in a class action, collective action, private attorney general action, or other representative proceeding.

10. Chargebacks and Payment Reversals#

  • 10.1. Shall any non-fraudulent payment issued by the Backer toward a Pledge be the subject of a chargeback, reversal, refund request through the card issuer, or other payment dispute initiated by the Backer or the Backer’s financial institution, Purism may, in its sole discretion, immediately suspend or terminate the Pledge and cease all future installment or recurring payments.

  • 10.2. Such action shall be deemed a withdrawal of the Pledge by the Backer.

  • 10.3. Purism may retain all amounts properly received and settled before the dispute to the extent permitted by applicable law.

  • 10.4. Shall the chargeback or reversal later resolve in Purism’s favor, Purism may, but is not obligated to, permit the Backer to reinstate the Pledge on terms then in effect.

11. Worldwide Sales and Delivery#

  • 11.1. Campaigns may be offered globally, subject to applicable law, sanctions, export controls, customs rules, carrier limitations, payment processing rules, and operational constraints.

  • 11.2. No Backer acquires a vested right to shipment where performance would become unlawful, impractical, or commercially unreasonable. Purism may refuse, limit, delay, or cancel delivery to any jurisdiction where performance would be unlawful, impractical, or commercially unreasonable.

  • 11.3. If Purism initially permits a Pledge from a jurisdiction that is later determined that, due to legal, regulatory, sanctions, export-control, carrier, customs, payment, or operational constraints, shipment to that jurisdiction cannot be completed, Purism may suspend or cancel affected fulfillment for that jurisdiction and may offer an alternative remedy, substitute fulfillment option, or voucher where appropriate and permitted by law.

  • 11.4. Unless expressly stated otherwise in writing, all prices exclude sales tax, VAT, GST, customs duties, import taxes, brokerage fees, tariffs, shipping charges, and any similar governmental or carrier-imposed charges.

  • 11.5. Backers are solely responsible for payment of all such charges associated with their Pledge or delivery, including charges arising after the Campaign End.

12. Development and Product Changes#

  • 12.1. Purism may modify the product, service, software, specifications, materials, features, packaging, methods, or implementation details if reasonably necessary for engineering, manufacturing, compliance, supply chain, security, compatibility, or quality reasons.

  • 12.2. Campaign descriptions, mockups, prototypes, renderings, and promotional statements are informational unless expressly incorporated into the final Campaign terms.

  • 12.3. Purism reserves the right to correct any obvious clerical, typographical, pricing, system, or technical error in any Campaign page, checkout flow, invoice, or communication.

  • 12.4. If a Pledge was made based on an obvious error, Purism may cancel or adjust the Pledge to reflect the intended terms, and any amounts actually received beyond the correct amount shall be refunded or credited as determined by Purism, subject to applicable law.

  • 12.5. An “obvious error” includes any error that a reasonable person would recognize as a mistake in context, including but not limited to manifest pricing anomalies, duplicated discounts, incorrect currency display, missing decimal placement, or system-generated checkout errors. Whether an error is obvious shall be determined by Purism acting reasonably and in good faith, taking into account the surrounding Campaign presentation, customary pricing, and the nature of the error.

13. Warranty#

  • 13.1. All crowdfunded hardware products are offered with the following warranty:

    • 13.1.1. A complimentary one (1) year new hardware product warranty is included from date of delivery from Purism against defects in materials and workmanship when used within designed operational conditions.

  • 13.2. Warranty exclusions apply:

    • 13.2.1. Software delivered with the devices; like all free and open source software, PureOS and its software components are provided on AS IS basis, without warranties of any kind, either expressed or implied.

    • 13.2.2. Consumable parts such as batteries or protective coatings that are expected to diminish over time and normal use, unless failure has occurred due to a defect in materials or workmanship

    • 13.2.3. Cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred due to a defect in materials or workmanship

    • 13.2.4. Damage caused by use with a third party component or product that does not meet the Purism specifications

    • 13.2.5. Damage caused by accident, abuse, misuse, fire, liquid contact, earthquake, war, meteor strike or other external cause

    • 13.2.6. Damage caused by operating the device outside normal operating conditions (like extreme temperatures, extreme humidity, in a vacuum, etc.)

    • 13.2.7. Damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Purism

    • 13.2.8. A device that has been modified to temporary or permanently alter functionality or capability in any way without written permission from Purism

    • 13.2.9. Defects caused by normal wear and tear or otherwise due to the normal aging of the device

14. No Ownership or Investment Rights#

  • 14.1. A Pledge does not create any equity interest, ownership right, voting right, security interest, partnership, or other investment right in Purism or its affiliates.

15. Misuse and Abuse#

  • 15.1. Purism may reject, suspend, cancel, or limit any Pledge or Backer account that Purism reasonably believes is fraudulent, abusive, unlawful, automated, or otherwise inconsistent with these Terms.

  • 15.2. This includes, without limitation:

    • 15.2.1. payment fraud;

    • 15.2.2. chargeback abuse;

    • 15.2.3. identity misrepresentation;

    • 15.2.4. repeated cancellation or pledge manipulation;

    • 15.2.5. abusive conduct toward Purism staff or systems;

    • 15.2.6. interference with campaign integrity;

    • 15.2.7. exploitation of obvious errors; or

    • 15.2.8. use of stolen or unauthorized payment methods.

16. Limitation of Liability#

  • 16.1. To the maximum extent permitted by law, Purism shall not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or relating to any Campaign, Pledge, delay, non-delivery, modification, or failure to materialize.

  • 16.2. Purism’s total liability for any claim arising under these Terms shall not exceed the amount actually paid by the applicable Backer for the relevant Pledge, except where such limitation is prohibited by law.

17. Entire Agreement#

  • 17.1. These Terms, together with the applicable Campaign page and any express written campaign-specific terms, constitute the entire agreement between Purism and the Backer regarding the Campaign.

  • 17.2. Nothing in these Terms limits, excludes, or waives any right or remedy that cannot be limited, excluded, or waived under applicable law, including mandatory consumer protection rights in the Backer’s jurisdiction.

18. Severability#

  • 18.1. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, in whole or in part, such provision shall be enforced to the maximum extent permitted by applicable law, and the remaining provisions shall remain in full force and effect.

19. Communication#

  • 19.1. All written notices, requests, approvals, cancellations, transfer requests, arbitration notices, dispute notices, and other correspondence under these Terms must be sent to support@puri.sm.

  • 19.2. If email deliverability issues arise, Backers may also contact Purism by direct message to “PurismSupport” on the Purism user forums at https://forums.puri.sm/u/purismsupport.

  • 19.3. Notices are deemed received when actually acknowledged by Purism, or when delivered by email without bounce-back, except where such limitation is prohibited by law.

20. Assignment#

  • 20.1. Purism may assign, transfer, delegate, or subcontract any of its rights or obligations under these Terms, in whole or in part, without the consent of any Backer.

  • 20.1. A Backer may not assign or transfer these Terms or any rights or obligations arising under them except as expressly permitted under Section 8.

21. Acknowledgment#

  • 21.1. By making a Pledge, you acknowledge and agree that:

    • 21.1.1. the Campaign is not all-or-nothing unless expressly stated otherwise;

    • 21.1.2. you may cancel only within 24 hours of issuing a Pledge, and only before the Campaign End;

    • 21.1.3. no cancellation or refund is available after the Campaign End;

    • 21.1.4. if the crowdfunded product, service, or software fails to materialize, no cash refund will be offered, except where required by law;

    • 21.1.5. a store coupon voucher may be offered instead;

    • 21.1.6. pledge transfers require a notarized written request from the original Backer and Purism’s written approval; and

    • 21.1.7. disputes will be resolved by binding arbitration.

BY MAKING A PLEDGE, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS.