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Terms of service

 

Last updated: June 18, 2026

Overview

Welcome to Founty. The terms “we,” “us,” and “our” refer to Founty, owned and operated by EL HADJI BALLA NIANG.

Founty operates this website and online store (the “Site”), including the information, content, features, products, and services available through it (collectively, the “Services”).

Our store is hosted by Shopify Inc. (“Shopify”), which provides the ecommerce infrastructure that enables us to offer the Services.

These Terms of Service, together with our Privacy Policy, Refund Policy, and Shipping Policy (collectively, the “Terms”), govern your access to and use of the Services. By accessing the Site, placing an order, or otherwise using the Services, you agree to these Terms. If you do not agree, you must not use the Services.

1. Eligibility and Accounts

You must be at least 18 years old or the age of majority in your state of residence to use the Services or place an order.

You agree to provide accurate, current, and complete information when placing an order or creating an account. You are responsible for safeguarding your account credentials and for activity conducted through your account.

Notify us immediately at info@justfounty.com if you suspect unauthorized access to your account.

2. Products

Founty designs and sells insulated water bottles and related accessories.

We make reasonable efforts to display product colors, dimensions, specifications, and features accurately. Actual colors and appearance may vary depending on lighting, screen settings, and device calibration.

Product descriptions, prices, availability, and specifications may change without notice. We may discontinue products or limit the quantity sold to any person, household, geographic area, or jurisdiction.

Product Safety and Proper Use

By purchasing or using a Founty product, you acknowledge the following:

  • Hot liquids: Exercise caution when filling the bottle with hot beverages. Ensure the lid is securely closed before handling or transporting it.
  • Cleaning: Hand-wash using warm water and mild soap. Do not place the bottle in a dishwasher unless its product instructions expressly state otherwise.
  • Silicone base: The removable silicone base reduces noise and movement on smooth surfaces. It is not a safety device and cannot prevent every spill or fall.
  • Carbonated beverages: The bottle is not designed for carbonated beverages. Pressure buildup may affect the lid seal and cause leakage.
  • Intended use: Use the bottle only for beverages intended for human consumption. Do not use it to store chemicals, medication, or hazardous substances.
  • Children: Adult supervision is recommended when the product contains hot liquids or is used by a child.

Failure to follow product instructions may result in damage or injury and may affect available warranty coverage.

3. Orders and Acceptance

Submitting an order constitutes an offer to purchase. An automated order confirmation acknowledges receipt but does not necessarily constitute final acceptance.

We may accept, decline, or cancel an order for reasons including:

  • Suspected fraud or unauthorized activity
  • Incorrect product or pricing information
  • Product unavailability
  • Shipping restrictions
  • Violation of these Terms

If we cancel an order after payment has been collected, we will refund the amount charged.

Products purchased through the Site are intended for personal or household use unless we authorize otherwise in writing.

4. Pricing, Taxes, and Payment

Prices are displayed in United States dollars (USD) unless otherwise stated.

Applicable sales and use taxes are calculated at checkout based on the order and shipping destination. Shipping charges and other required fees will be disclosed before the order is completed.

You represent that you are authorized to use the payment method submitted with your order. Payments are processed by Shopify and other third-party payment providers. Founty does not directly store complete payment-card information.

If we discover a pricing error, we may contact you and offer the choice of confirming the order at the correct price or canceling it for a full refund.

5. Shipping and Delivery

Founty ships to eligible addresses within the United States. Available shipping methods, fees, and estimated delivery times are displayed at checkout.

Delivery estimates do not include order-processing time unless expressly stated. Carrier delays, weather, emergencies, incorrect addresses, and other circumstances outside our reasonable control may affect delivery.

If we cannot ship within the timeframe communicated to you—or within 30 days when no timeframe was provided—we will notify you and provide any options required by law, including the opportunity to cancel for a prompt refund.

Tracking information will be provided when available. Risk of loss passes to you when the order is delivered to the shipping address provided, except where applicable law provides otherwise.

You are responsible for providing a complete and accurate shipping address.

6. Returns and Refunds

Returns, refunds, damaged orders, promotional purchases, and cancellations are governed by our Refund Policy, which is incorporated into these Terms.

Generally, eligible unused products may be returned within 30 days of delivery. Additional conditions and instructions are provided in the Refund Policy.

Nothing in these Terms or our Refund Policy limits consumer rights that cannot legally be waived.

7. Intellectual Property

The Site and its content—including text, graphics, logos, trademarks, product photographs, designs, videos, and page layouts—are owned by or licensed to Founty and are protected by applicable intellectual-property laws.

We grant you a limited, revocable, non-exclusive, and non-transferable right to access and use the Site for personal, non-commercial purposes.

Without our written permission, you may not:

  • Reproduce or distribute Site content
  • Modify or create derivative works from Site content
  • Use our content for commercial purposes
  • Use Founty trademarks, branding, or product images
  • Scrape, extract, or systematically collect Site content

The Founty name, logo, product names, designs, and slogans are trademarks or other protected brand assets of Founty.

8. Shopify

Shopify provides the ecommerce platform used to operate the Site. Purchases made through the Site are transactions between you and Founty.

Shopify is not the seller of Founty products and is not responsible for product performance, fulfillment, returns, or customer service.

Your interaction with technology and services provided by Shopify may also be subject to Shopify’s applicable terms and privacy practices.

9. Privacy

We collect, use, retain, and disclose personal information as described in our Privacy Policy.

By using the Services, you acknowledge that your information may be processed by Shopify, payment processors, shipping carriers, analytics providers, and other service providers involved in operating the Site and fulfilling orders.

Your privacy rights may vary based on your state of residence. Instructions for exercising applicable rights are provided in our Privacy Policy.

10. Third-Party Services and Links

The Site may contain links to or integrations with third-party websites, applications, and services that Founty does not control.

We are not responsible for the content, security, availability, or privacy practices of third parties. Your use of third-party services is subject to their own terms and policies.

11. Reviews, Feedback, and User Content

If you submit a product review, photograph, suggestion, or other content (“User Content”), you retain any ownership rights you have in that content.

You grant Founty a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to use, reproduce, publish, display, distribute, and adapt your User Content for operating and promoting Founty and its products.

We will not materially alter the meaning of a product review or falsely present it as expressing a different opinion.

You represent that:

  • You own or have permission to submit the User Content.
  • The content is accurate to the best of your knowledge.
  • The content does not violate another person’s rights.
  • Any material relationship, payment, discount, or free product connected to the content has been appropriately disclosed.

We may remove content that is unlawful, fraudulent, abusive, unrelated, infringing, or otherwise violates these Terms.

12. Prohibited Uses

You may not use the Services:

  • For an unlawful, fraudulent, or deceptive purpose
  • To violate another party’s rights
  • To submit malicious code, spam, or harmful material
  • To interfere with the Site’s security or operation
  • To impersonate another person
  • To collect personal information without authorization
  • To scrape or access the Site using unauthorized automated methods
  • To make fraudulent purchases or payment disputes
  • To resell products without written authorization

We may restrict or terminate access when we reasonably believe these Terms have been violated.

13. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

FOUNTY DISCLAIMS WARRANTIES NOT EXPRESSLY PROVIDED IN THESE TERMS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE AVAILABLE, SECURE, OR ERROR-FREE.

SOME STATES DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS. THESE EXCLUSIONS APPLY ONLY TO THE EXTENT PERMITTED BY THE LAW APPLICABLE TO YOU.

NOTHING IN THESE TERMS EXCLUDES ANY WARRANTY OR CONSUMER RIGHT THAT CANNOT LAWFULLY BE EXCLUDED.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, FOUNTY AND ITS OWNER, EMPLOYEES, CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM THE SERVICES OR PRODUCTS.

THIS INCLUDES LOST PROFITS, LOST REVENUE, LOST DATA, OR LOSS OF BUSINESS OPPORTUNITY.

FOUNTY’S TOTAL LIABILITY FOR A CLAIM WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM, EXCEPT WHERE A DIFFERENT LIMIT IS REQUIRED BY LAW.

These limitations do not apply to fraud, willful misconduct, liability for death or personal injury where it cannot be limited, or any other liability that applicable law does not permit us to exclude.

Some states do not allow certain limitations of liability, so parts of this section may not apply to you.

15. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Founty and its owner, employees, contractors, and service providers from third-party claims arising from:

  • Your unlawful or unauthorized use of the Services
  • Your material breach of these Terms
  • Your violation of another party’s rights
  • User Content you submit

This obligation does not apply to claims caused by Founty’s negligence, misconduct, or violation of law.

16. Errors and Corrections

The Site may contain errors relating to pricing, descriptions, promotions, availability, or other information.

We may correct errors and update information. If an error materially affects an order you placed, we will contact you and provide an appropriate option, which may include confirming the corrected order or canceling it for a refund.

17. Applicable Law and Disputes

These Terms are subject to applicable federal and state laws.

Any dispute may be brought before a court of competent jurisdiction. Nothing in these Terms prevents a consumer from exercising rights or bringing claims in a forum available under applicable consumer-protection law.

The parties may attempt to resolve a dispute informally by contacting info@justfounty.com before commencing legal proceedings, but doing so is not required where prohibited by law or where an applicable filing deadline could be affected.

18. Force Majeure

Founty is not responsible for delays or failure to perform caused by events outside our reasonable control, including natural disasters, severe weather, labor disruptions, transportation interruptions, government actions, public-health emergencies, supply-chain disruptions, and failures of telecommunications or internet infrastructure.

This section does not affect cancellation or refund rights required by law.

19. Severability

If any provision of these Terms is found unlawful or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain effective.

20. Waiver and Entire Agreement

Failure to enforce a provision of these Terms does not waive our right to enforce it later.

These Terms, together with the policies incorporated into them, constitute the agreement between you and Founty concerning the Services.

21. Assignment

You may not assign your rights or obligations under these Terms without our written consent.

Founty may assign these Terms as part of a merger, reorganization, sale of assets, or transfer of the business, provided that the assignment does not reduce consumer rights protected by law.

22. Changes to These Terms

We may update these Terms by posting a revised version on the Site and updating the “Last updated” date.

Changes apply prospectively unless applicable law permits otherwise. Material changes will be communicated when required by law.

23. Contact

Questions about these Terms may be directed to:

Founty
Owner: EL HADJI BALLA NIANG
Email: info@justfounty.com
Website: https://www.justfounty.com