1. Documentation. In order to purchase the Solana Mobile product detailed on the website on which a link to this Agreement appears (the “Product”), you must agree to all of the following documents:

    a. Deposit Agreement Terms and Conditions: This Agreement is effective as of the date you make the Deposit.

    b. Product Specs: The “Product Specs” are yet to be determined. Once available, we will post the “Product Specs,” which will describe the Product in more detail, on our website The Product Specs are effective as of the date you make the Final Payment.

    c. Final Price Sheet: The “Final Price Sheet” will be provided to you before you pay the full purchase price of the Product. It will include final pricing based on your final Product Specs and shipping information, taxes and official or governmental fees, and additional terms and conditions.

  2. Deposit; No Obligation to Purchase. A Deposit paid hereunder is noncancellable and non-refundable, subject to Section 9 below, and acts as a deposit for a future purchase of the Product from Solana Mobile Inc. or its affiliate (“Solana Mobile,” “we,” “us” or “our”), pursuant to the terms and conditions of this Agreement. Your Product is priced based on features and options anticipated to be available at the time of order. Options, features, software or hardware released or changed after you place your order may not be included in or available for your Product at the time of release. Although your Deposit is non-refundable (subject to Section 9 below), you are under no obligation to purchase a Product from us. Provided that we provide you with a full refund of your Deposit, we are under no obligation to supply you with a Product. This Agreement does not constitute an agreement for the sale of a Product and does not guarantee pricing, a firm production slot, a firm delivery date, a specific place on a Waitlist, specific Product Specs or delivery of a Product. Subject to the other terms and conditions of this Agreement, in order to complete the purchase of a Product you will need to agree to the Product Specs and Final Price Sheet, which will include additional terms and conditions. Notwithstanding anything else herein, we may refund or decline Deposits for any reason in our sole discretion, including, without limitation, our determination not to offer the Product in certain jurisdictions and/or to avoid over-subscription. If your Deposit is declined, you will be notified and your Deposit payment will be refunded.

  3. Purchase Price, Taxes and Official Fees. The Purchase Price is unknown at this time. The purchase price of the Product (the “Purchase Price”) does not include taxes or official or governmental fees. Because these taxes and fees are subject to change and rely on your provision of shipping information, these taxes and fees will be calculated closer to the time of delivery and indicated on your Final Price Sheet. You are solely responsible for paying these additional taxes and fees.

  4. Order Process; Cancellation; Changes. Only individuals who have reserved a spot on one of our official waitlists (collectively, the “Waitlist”) will be eligible to receive a Product in accordance herewith. In order to reserve your spot on the Waitlist, you must pay a deposit of four hundred and fifty (450) USD (“Deposit”), in accordance with Section 5, below, and submit certain personal information (“Registration Information”). You will be charged the Deposit when you reserve your spot on the Waitlist. Reserving your spot on the Waitlist constitutes your express agreement to be charged the noncancellable and nonrefundable (subject to Section 9) Deposit using your provided payment method. Users who have paid a Deposit and provided the Registration Information may be notified of their position on the Waitlist. We may notify individuals on the Waitlist of their eligibility to take additional steps in order to change their position on such Waitlist.

  5. Payment Terms for Deposit. In order to reserve your spot on a Waitlist, you must connect a compatible digital wallet to our website and use an accepted form of payment and comply with the corresponding payment terms. Solana Mobile will not be liable for any losses or harms sustained as a result of user error in connection with your Deposit, including incorrectly constructed transactions or mistyped addresses, or malfunctioning programs or smart contracts.

  6. No Guarantee of Delivery Date; Transfer of Title.

    a. We will notify you when your Product is ready to ship. You agree to promptly provide us with (1) the balance owed on the Purchase Price, plus any additional costs and fees disclosed on the Final Pricing Sheet (the “Final Payment”) and (2) shipping, wallet and contact information. Initial developer units of the Product may only be available in the United States, while general production units may be made available in additional jurisdictions including, but not limited to, U.S. Territories, Canada, the United Kingdom, and European Union member nations. Shipping charges may apply. If you do not respond to our notice or if you are unable to schedule delivery, your Product may be made available to others. If you do not provide shipping information within thirty (30) days of our first attempt to notify you, Solana Mobile may cancel your order and retain your Deposit.

    b. Title and risk of loss pass to you upon our transfer of the Product to the third-party carrier. Solana Mobile will not be liable for any claims for damage to the Product or losses occurring while the Product is in transit.

    c. You are preordering a Product without specifying the model, features, and options. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. Your actual delivery date is dependent on various factors, including the manufacturing timeline for the Product, our delivery and service operations availability and the dates the Deposit and Final Payment are made. If we provided an estimated shipment date and later determine that the Product will not be available to ship by such date, 16 CFR Part 435 rules (the “FTC Rules”) may require Solana Mobile to offer you the choice of either a refund or a new estimated shipment date. See the FTC Rules for full details regarding Solana Mobile’s potential legal obligations

  7. DevKits. Solana Mobile may determine that you are eligible for a limited-production Product that is preloaded, or that is capable of being loaded, with certain software and other tools designed for software developers (such Product, the “DevKit”). A DevKit may be made available by Solana Mobile in its sole discretion. Solana Mobile will notify you if you are eligible to receive a DevKit. Any additional terms applicable to the use of a DevKit will be made available, and must be agreed upon by you, prior to your receipt and/or use of such DevKit.

  8. Network Connectivity. If applicable, the Product is carrier-agnostic, and Solana Mobile makes no representations or warranties with respect to cellular or other network coverage in any geographic territory. You understand and agree that you are responsible for arranging and paying for the use of any cellular or other network if and as needed for any such coverage, which would be provided by a third party. Solana Mobile has no liability for any amounts required to access, use or maintain network connectivity or compatibility with any features or services externally supplied to the Product. If applicable, Solana Mobile shall not be responsible for any cellular or other network connectivity issues (e.g., quality, functionality or coverage) or gaps in service related to the Product.

  9. Refund. Notwithstanding anything else set forth herein, in the event that (A) you have (i) paid the Deposit; (ii) provided Registration Information; (iii) paid the Final Payment; and (iv) provided shipping information in accordance with Section 6, and (B) the Product has not shipped by December 31, 2025, or (B) you have paid a Deposit and the Purchase Price exceeds US$600.00, you will be entitled to a refund of the Deposit. You will be also entitled to a refund in the event that Federal Communications Commission approval for the Product is required but not obtained. Refunds shall only be paid in the form of payment from which the Deposit was originally received. Except as specifically set forth in this Agreement, your Deposit is non-refundable..

  10. Privacy Policy. All information you provide in connection with your Product order will be subject to the terms of our Privacy Policy.

  11. Limitation of Liability. To the extent not prohibited by applicable law, in no event shall Solana Mobile be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, arising out of this Agreement or your purchase or ownership of the Product. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall Solana Mobile’s total liability for all damages (other than as may be required by applicable law) exceed the Deposit amount you have actually paid to Solana Mobile. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

  12. No Resellers; Discontinuation; Cancellation. Solana Mobile intends to distribute Products solely to consumers, and we may unilaterally cancel any order made for resale purposes or that has otherwise been made in bad faith. In such circumstances, there will be no refund of any amounts previously paid to Solana Mobile. You agree to comply with all applicable laws, rules and regulations in connection with your Deposit, other payments made to Solana Mobile, and your receipt and use of the Product. You represent and warrant that you are buying a Product only for your personal use, and not for resale or export. We may also cancel your order and refund amounts paid to us if we discontinue the Product or any feature of function thereof after the time you place your order.

  13. Default and Remedies. If you are in default of this Agreement, we may cancel your order following any legally required notice or waiting period. You will be in default of this Agreement for actions including, without limitation, if you provide false or misleading information, fail to take any steps necessary to place an order in accordance with the terms of this Agreement, act in bad faith in connection with the Deposit and/or Product, or engage in any unlawful activity with respect to this Agreement or the Product.

  14. Dispute Resolution.

    a. Applicability of Arbitration Agreement. Subject to the terms of this Section 14 (the “Arbitration Agreement”), you and Solana Mobile agree that any dispute, claim, disagreements arising out of or relating in any way to this Agreement, your access to or use of our website, any communications you receive from us in connection with the this Agreement, or any Product, including claims and disputes that arose between us before the effective date of this Agreement (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (1) you and Solana Mobile may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or Solana Mobile may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this Agreement as well as claims that may arise after the termination of this Agreement.

    b. Informal Dispute Resolution. There might be instances when a Dispute arises between you and Solana Mobile. If that occurs, Solana Mobile is committed to working with you to reach a reasonable resolution. You and Solana Mobile agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and Solana Mobile therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Solana Mobile that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to or regular mail to 530 Divisadero St. PMB 722 San Francisco, CA 94117. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.

    c. Rules and Forum. The Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution Process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and Solana Mobile agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section of this Arbitration Agreement. The AAA Rules are currently available at A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. Unless you and Solana Mobile otherwise agree, or the Batch Arbitration process discussed in subsection 14(g) is triggered, the arbitration will be conducted in the county where you reside. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules. You and Solana Mobile agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

    d. Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under subsection 14(g) is triggered, the AAA will appoint the arbitrator for each batch.

    e. Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration.” The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

    f. Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Solana Mobile need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution Process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.

    g. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Solana Mobile agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against Solana Mobile by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Solana Mobile. You and Solana Mobile agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

    h. Invalidity, Expiration. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Solana Mobile as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

    i. Modification. Solana Mobile may modify this Arbitration Agreement at any time. Notwithstanding any provision in this Solana Mobile Deposit Agreement to the contrary, we agree that if Solana Mobile makes any future material change to this Arbitration Agreement, it will notify you. Your continued use of Solana Mobile following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such change.

  15. Waiver of Jury Trial. YOU AND SOLANA MOBILE HEREBY WAIVE ANY RIGHT TO A JURY TRIAL. YOU AND SOLANA MOBILE FURTHER MOBILE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Solana Mobile are instead electing that all Disputes shall be resolved by arbitration under Section 14, except as specified in Section 14(a) entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

  16. Waiver of Class and Other Non-Individualized Relief. YOU AND SOLANA MOBILE AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 14(g), EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS IN ANY ARBITRAL, COURT, OR OTHER PROCEEDING. ONLY INDIVIDUAL RELIEF IS AVAILABLE. DISPUTES OF MORE THAN ONE CUSTOMER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER. Subject to Section 14, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection 14(g) entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Solana Mobile agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of California. All other Disputes shall be arbitrated or litigated in small claims court. This Section does not prevent you or Solana Mobile from participating in a class-wide settlement of claims.

  17. Governing Law; Integration; Assignment. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any terms relating to the purchase of your Product not expressly contained herein are not binding; provided, however, that your use of your Product, or any particular feature or function thereof, may be subject to additional terms and conditions disclosed to you prior to the applicability thereof. This Agreement is entered into and effective as of the date you accept this Agreement, by electronic means or otherwise. By confirming and accepting this Agreement, you agree to the terms and conditions set forth herein.