Terms of service

Welcome to the online GridPlus Store (the "Store") provided by GridPlus Inc., a Delaware corporation ("GridPlus" or "we"). Your purchase of devices, accessories, or any other items (any such device, accessory, or item, a "Device") from the Store constitutes your agreement to be bound by these Terms of Sale and any terms incorporated by reference, including the terms of any limited warranty offered by GridPlus, whether online or accompanying the product, and any other applicable terms in our warranty (the "Terms").

We reserve the right to change and/or amend these Terms from time to time as we may see fit. You should check these Terms before placing any order in the Store. Changes will not apply to existing contracts unless the applicable law requires. Please read the Terms carefully. Your purchase of a Device requires that you agree to these Terms. If you do not understand the Terms or do not accept any part thereof, do not place an order.

1. GridPlus Services

When you use any GridPlus services through your Device, you are subject to the applicable terms and conditions for those services. Note that GridPlus services and content may vary by region. All features, functionality, and other product specifications are subject to change without notice or obligation.

2. Additional GridPlus Product Terms

The purchase and use of GridPlus products are subject to additional terms and conditions found in the Software License Agreement (the "Software License Agreement") and Limited Warranty (the "Limited Warranty").

Making unauthorized modifications to the firmware on a Device violates the Device Software License Agreement. We recommend that you do not do so. If you cannot use your Device due to an unauthorized software modification, the Device will not be covered under the Limited Warranty.

3. Privacy

Please refer to our Store Privacy Policy for more information on how GridPlus collects, uses, and shares the information we receive from you.

GridPlus may share your information with third parties to detect, prevent, or otherwise address fraud, security, or technical issues.

4. Ordering

GridPlus reserves the right to reject all or part of an order and may refuse to ship Devices to you for reasons such as if we detect suspicious or fraudulent activity in violation of these terms, you do not live in a covered jurisdiction, or if you order more than the permitted maximum number of Devices.

GridPlus may also require additional qualifying information before accepting or processing any order. Once we receive your order placed in the Store, we will send you an email confirmation. However, your receipt of order confirmation does not signify GridPlus' acceptance of your order, nor does it confirm our offer to sell; we only confirm that we received your order. GridPlus reserves the right to accept or decline your order at any time after receiving it for any reason. If GridPlus cancels an order after you have already been billed, GridPlus will refund the billed amount.

5. Payments

You may use only valid payment methods acceptable to us to complete a purchase from the Store. By providing a credit card or other payment method we accept, you represent and warrant that you are authorized to use the designated payment method. When you place an order in the Store, you authorize us (or our third-party payment processor) to charge the selected payment method you have chosen for the total amount of your order, including any applicable taxes and other charges detailed at checkout. Your order may be suspended or canceled if your payment method cannot be verified, is invalid, or is otherwise unacceptable. You must resolve any
problems we encounter before proceeding with your order.

You may pay in U.S. dollars (USD) using your credit card, PayPal, or with supported
cryptocurrencies utilizing Coinbase Commerce.

Credit card payments are processed by a third-party payment gateway provider (the "Credit Card Payment Gateway"). You acknowledge that the Credit Card Payment Gateway is solely responsible for processing your payment and any information you filled in during the payment procedure.

Cryptocurrency payments are processed by a third-party payment gateway provider (the "Cryptocurrency Payment Gateway"). At the time of writing, the Cryptocurrency Payment Gateway is Coinbase Commerce, but it may change occasionally. Only specific cryptocurrencies are supported.

By paying with cryptocurrencies, you additionally agree to the terms and conditions of Coinbase Commerce. You represent and warrant that you understand the inherent risks associated with using or interacting with cryptocurrencies and cryptographic platforms, including without limitation the irreversibility of transactions, the inability to recover lost or stolen private keys, security vulnerabilities in smart contracts, and costs and delays due to the operation of the underlying blockchain, including mining fees and processing times. You acknowledge that the Cryptocurrency Payment Gateway is solely responsible for processing your payment and any information you filled in during the payment procedure. The Cryptocurrency Payment Gateway will calculate the amount of cryptocurrency payable based on the exchange rates they selected at
the time of the payment.

Unless stated otherwise herein, your payment includes the product price, shipping costs, taxes, and other applicable costs and expenses specified at checkout, provided that, if you pay with cryptocurrencies, there may be cryptocurrency transaction fees that may be charged by the Cryptocurrency Payment Gateway and/or the applicable cryptocurrency network.

6. Prices and Taxes

The Device price displayed on the Store includes no shipping charges or taxes. Information about shipping charges will be presented at checkout before you place your order. All prices displayed in the Store are subject to change at any time without notice. 

Applicable taxes, including sales tax, will be presented at checkout or on the Device description page, and such taxes are estimated and may be subject to change until you are charged. You are solely responsible for consulting your state and local tax and customs laws to determine compliance with your area's tax and customs laws and regulations and pay the outstanding taxes and duties, including VAT, if applicable, according to your tax and customs residential law.

Prices shown are in U.S. dollars. If you pay for your order with an international credit card, the purchase price may fluctuate with exchange rates. In addition, your bank or credit card issuer may charge you foreign conversion charges, which may also increase the overall cost of your purchase. Please contact your bank or credit card issuer regarding these fees.

7. Delivery

We may only be able to deliver to some locations. If a Device cannot be successfully delivered to you, the Device should be returned to GridPlus. In that case, and once GridPlus receives the return shipment, you will not be charged for the Device (or charges already incurred will be reversed using the initial payment method or otherwise by the Terms), but you may be charged for shipping and transaction fees if you paid with cryptocurrencies (and such charges may not be reversed).

If GridPlus successfully delivers your Device to the address specified in your order, you will not be entitled to a refund or replacement Device. If you do not receive your Device, please contact the GridPlus support team.

Any delivery dates or times provided by GridPlus (or a delivery agent) are estimates only and are not guaranteed. Since many events beyond GridPlus' control can impact the actual delivery of your order once it leaves our third-party warehouse, GridPlus cannot be held liable for late deliveries. An investigation into a lost package can be initiated if there is no update on your order tracking for 15 consecutive days with domestic orders and 20 consecutive days with international orders. In such cases, we assume the delivery service company lost the parcel, and we can provide you with a replacement or refund.

8. Support

Please contact help@gridplus.io to learn more about any support GridPlus offers regarding your Device. The GridPlus support team will only provide support with order management ortechnical support if you are in a supported country.

9. Availability and Order Limits

All Devices offered in the Store are subject to availability. We reserve the right to discontinue offering specific Devices without prior notice or changing quantities available for purchase at any time, even after you place an order. Furthermore, there may be occasions when GridPlus confirms your order but subsequently learns that it cannot supply the ordered product. We will cancel the order and refund your purchase price if we cannot provide the product you ordered.

Certain products have quantity limits. You may order, at most, the maximum number of Devices that we specify on a product page or in a product description.

10. Pricing Mistakes

We try very hard to mitigate pricing mistakes in the Store. In the unlikely event that a mistake happens, you agree that GridPlus will not be bound by that incorrect price and may cancel your order. If a mistake is discovered and you have yet to be charged, we will let you know the correct price, and you will be given the option to continue with your order at the correct price or cancel it.

11. Promotions

GridPlus may offer promotions or promotional prices for the sale of Devices. If so, any terms applicable to such promotional offers or prices will govern the offer.

12. Import and Export

The Device may be subject to import and export control laws and regulations in the United States and elsewhere. You must comply with all domestic and international import and export laws and regulations concerning the Device. These laws may include restrictions on destinations, users, purchases, sales, and end-use.

You acknowledge that you are responsible for any import taxes, including VAT, on Devices sold, invoiced, or shipped outside the United States and that we do not collect such taxes on your behalf.

You hereby waive your right to claim that the tax and/or customs duties collected on any purchase are incorrect in any respect and agree to hold harmless GridPlus, its officers, directors, employees, agents, and representatives for any harm or other damages you may incur as a result of our error in calculating the taxes or customs duties you owe for your purchases.

13. Use of the Device

Please read the device's instructions, including those available online. You agree to comply with any agreements applicable to your use of the Device or any software on the Device, including the Software License Agreement.

14. Device Technical Specifications; Risks

Battery life for your Device, as described on any Device description page, will depend on Device settings, usage, and many other factors. Battery tests are conducted using specific Device units; actual results may vary. Devices with storage capacity may be preformatted with operating system software and other files. As a result, the actual formatted capacity will be less than the memory listed in any Device description.

As part of the security mechanism of the Lattice1 device, certain components of the Device are enclosed in a wire mesh protected by a tamper-monitoring microcontroller (collectively, the "Security Module"). The Security Module is powered by a primary cell lithium battery (the "Mesh Battery"). You understand that if you remove any components that are related to the Security Module, interfere with the Security Module or tamper with the Lattice1 device, damage the Device in such a way as to impair the Security Module, or if the Mesh Battery is damaged or becomes depleted, the Device will automatically destroy any information stored in the Device, and the Device will become permanently unusable. You agree to exercise caution when using the Device and acknowledge and accept these risks and limitations.

15. Return Policy

Suppose you want to return a functioning Device for a refund. In that case, we only accept returns for Devices that have not been used, are in their original, undamaged, and unmarked condition, and are sealed in their original packaging with all original materials provided in their complete condition. Please include all accessories and packaging along with the original receipt. We will inspect all returned devices before we provide a refund.

Suppose you return a Device with the original packaging broken or tampered with. In that case, you acknowledge that the Device will have diminished in value, and you may not be awarded a full refund or any refund at all. If you do not qualify for a full refund for any reason, we may, at our sole discretion, grant you a partial refund. You can only return Devices within 14 calendar days after the day you received it.

We will refund the payment method you used minus a restocking fee ($40 in the case of Lattice1 Devices) and any transaction fees (if the refund method includes cryptocurrencies). Restocking fees do not apply when a Device is returned because the item was defective when the consumer initially received it or because the incorrect item was delivered.

In the case of credit card payments, we will refund the payment to the cardholder's credit card account. In the case of cryptocurrency payments, we will refund the payment in USDC (irrespective of the cryptocurrency you used to make the payment) at our sole discretion. Please provide your USDC wallet address when you submit your return if you have paid with cryptocurrency. Any refund in USDC is calculated from the U.S. dollar value of your payment. You are responsible for any cryptocurrency transaction fees that may be charged by the cryptocurrency payment gateway that we use and/or the applicable cryptocurrency network, and we will subtract such transaction fees from the refund amount. You acknowledge that USDC transactions are not reversible, and we cannot reverse any refunds transmitted to an incorrect
wallet address. As such, you acknowledge that you are solely responsible for the correctness of your USDC wallet address and that you agree that you bear any consequences or financial loss incurred in connection with providing incorrect payment instructions to us.

If you think your Device is defective, see Section 18 for more information.

16. Data

You are responsible for managing any data stored on your Device, including deleting,
transferring, and creating back-ups of such data. For example, if you decide to return the Device or if you have to send a Device to us for any reason, it is your responsibility to erase all personal or other data on the Device before sending it to us. We will not be responsible for using or disclosing any data on a Device.

Before returning the Device, you are responsible for ensuring you have your recovery seed and, if possible, deleting all data from it. We are unable to recover any data or private keys from a Device. We are not responsible for damaging or losing any data stored on the Device that our inspection may cause.

17. Resale and Warranty

The limited warranty is only for the benefit of the end-user and not resellers. In addition, your rights hereof are non-transferable and are enforceable only by you as the original purchaser. Any product that has not been purchased as new from us is expressly excluded from the scope of the warranty.

18. Defects; Warranties; Disclaimer of Warranties

If the Device is or becomes defective through no fault of your own, you may have statutory rights such as replacement of the defective Device, a price reduction, or the right to cancel the contract for a refund.

If you have a defective Device, please refer to the warranty and contact us at help@gridplus.io within the warranty period specified therein.

If we provide you with a replacement Device, you agree that we may exchange the defective Device with a new or refurbished Device. We may require that you return the defective Device before sending you a replacement. You must ensure that the correct Device is returned to us. You will receive a replacement once we have received the correct Device. Suppose we provide you with an advanced replacement (at our discretion) Device before we receive your defective Device, and you do not return the defective Device within the time communicated to you in notification emails. In that case, you authorize us to charge your original form of payment for the total value of the replacement Device.

Nothing in this section affects your legal rights under statutory or applicable laws. Unless otherwise required under applicable laws, GridPlus may only provide warranty support for Devices manufactured by GridPlus located in a supported country.

Other than the warranties referred to in the warranty, to the maximum extent permitted by applicable law, GridPlus and the Device manufacturers expressly disclaim all warranties and conditions of any kind, whether express or implied, regarding any devices, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

19. Limitation of Liability

You expressly understand and agree that, to the maximum extent permitted by applicable law, GridPlus and its subsidiaries and affiliates, including suppliers (collectively, "GridPlus Parties") shall not be liable to you under any theory of liability (whether contract, tort (including negligence) or otherwise) for any indirect, incidental, special, consequential, or exemplary damages that may be incurred by you in connection with the Device or these terms, including any loss of data, whether or not a GridPlus party or its representatives have been advised of or should have been aware of the possibility of any such losses arising. You expressly understand and agree that, to the maximum extent permitted by applicable law, the GridPlus Parties' aggregate liability in connection with the Device or these terms will not exceed the amount paid
by you to GridPlus under these terms.

Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

20. Device Features Outside of GridPlus' Control

You acknowledge that no Device comes with a cellular data plan, a wireless service plan, or other Internet connectivity service. You are solely responsible for obtaining any Internet or wireless service access through an Internet connectivity service provider ("Internet Service Provider") whose service is compatible with the Device.

If your Device includes WiFi functionality that allows you to access the Internet, you understand that you will need access to a compatible WiFi access point.

You agree that GridPlus has no responsibility for providing Internet connectivity services or the terms under which Internet Service Providers may offer those services. Internet Service Providers may charge you for usage and other fees that GridPlus does not control.

You understand that the Device may only be compatible with certain hardware accessories manufactured by third parties, and GridPlus makes no warranty regarding such third-party hardware accessories or their compatibility with the Device.

Returning the Device, in accordance with these Terms, does not cancel your service contract with your Internet Service Provider, if applicable. You must contact your Internet Service Provider (and any other applicable service provider(s)) directly to cancel such service(s).

21. Governing Law and Jurisdiction

These Terms and any dispute of any sort that might arise between you and us will be governed by the laws of the State of Texas without giving effect to conflict of law rules. The United Nations Convention for the International Sale of Goods does not apply to this agreement. Claims arising out of or relating to these Terms will be subject to the exclusive jurisdiction and venue of the courts in a Federal District Court or a Texas state court located in Travis County, Texas, U.S.A.

22. Changes to the Terms

When you place an order for the Device, the Terms in effect will apply to such order and Device. GridPlus reserves the right to change these Terms occasionally, and any such changes will apply to future orders.

23. Events Beyond Reasonable Control

Neither party will be responsible for any delay or failure to comply with these Terms if the delay or failure arises from any cause which is beyond its reasonable control, including without limitation acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, cyber-attacks, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

24. No Waiver

If you do not comply with these Terms and we do not act right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future).

25. Severability

If it turns out that a particular term is not enforceable, this will not affect any other terms.