Their FAQ says:

> In the U.S., Hexa is approved for flight under FAR Part 103. Hexa conforms to the FAA’s Powered Ultralight classification for which FAA certification is not required or available. The base weight limit for Powered Ultralights is 254 lbs, and Hexa utilizes additional weight allowances for floats and safety equipment.

They may be arguing that the weight of the landing gear counts as floats, which might be true. They may also be wishfully interpreting the FARs and on schedule to learn an expensive lesson in due time. (If so, they wouldn’t be the first startup to pretend the FARs said something other than they did.)