BYRNA TECHNOLOGIES INC.

TRY-BEFORE-YOU-BUY PROGRAM TERMS AND CONDITIONS

PLEASE READ CAREFULLY BEFORE PROCEEDING

Table of Contents

1.  The Trial Program

2.  Fees and Payment

3.  Trial Period and Purchase Election

4.  Condition of Trial Kit

5.  Disclaimer of Warranties

6.  Limitation of Liability

7.  Indemnification

8.  Assumption of Risk and Safe Use

9.  Compliance with Laws

10.  Known State and Local Restrictions

11.  Privacy

12.  Dispute Resolution; Governing Law

13.  Entire Agreement; Integration

14.  Force Majeure

15.  Assignment

16.  Severability

17.  Waiver

18.  Electronic Acceptance

19.  Contact Information

BY CLICKING THE “I AGREE” BUTTON BELOW, YOU (“PARTICIPANT”) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY THESE TRY-BEFORE-YOU-BUY PROGRAM TERMS AND CONDITIONS (“AGREEMENT”). IF YOU DO NOT AGREE TO ALL TERMS OF THIS AGREEMENT, YOU MAY NOT PARTICIPATE IN THE TRIAL PROGRAM. THIS AGREEMENT CONSTITUTES A BINDING LEGAL CONTRACT BETWEEN YOU AND BYRNA TECHNOLOGIES INC. (“BYRNA”).

1.  The Trial Program

Byrna offers a limited try-before-you-buy program (the “Trial Program”) that allows eligible individuals to try a Byrna launcher for a period of fourteen (14) calendar days from the date of delivery (the “Trial Period”). The Trial Program is offered at Byrna’s sole discretion and may be modified, suspended, or discontinued at any time without notice.

(a)  Trial Kit.    Each Trial Program shipment will include one (1) refurbished Byrna launcher, an assortment of Byrna kinetic projectiles, one (1) CO₂ cartridge, and a Byrna carrying case (collectively, the “Trial Kit”). The composition of the Trial Kit is subject to change. CO₂ cartridges and the kinetic projectiles are consumable items and are not returnable. The Trial Kit does not include chemical irritant or pepper projectiles.

(b)  Eligibility.    To participate in the Trial Program, you must: (i) be at least 18 years of age; (ii) be a legal resident of the United States at a shipping address to which Byrna ships; (iii) not reside in a jurisdiction identified in Section 10 as a restricted state or locality; (iv) not be prohibited by applicable federal, state, or local law from purchasing, possessing, or using the type of launcher included in the Trial Kit; and (v) have a valid payment method on file. By participating, you represent and warrant that you satisfy all eligibility requirements. It is your sole responsibility to determine whether purchase, possession, and use of the Trial Kit is lawful in your jurisdiction. Byrna makes no representation that the Trial Kit is legal to purchase, possess, or use in any particular jurisdiction.

(c)  Program Availability; No Legal Advice.   Byrna’s acceptance of an order, shipment of a Trial Kit, or publication of a shipping-restriction list is not legal advice and is not a representation that you may lawfully possess, carry, transport, discharge, or use the Trial Kit in any location or manner. You remain responsible for complying with all applicable federal, state, and local laws, ordinances, and regulations.

2.  Fees and Payment

(a)  Trial Fee.    At checkout, you will be charged a non-refundable trial fee of $50.00 (the “Trial Fee”). The Trial Fee is earned by Byrna upon shipment of the Trial Kit and is not refundable, except that the Trial Fee shall be refunded in full if the Trial Kit is not delivered to you due to loss in outbound transit as confirmed by the carrier, or if Byrna cancels your order before shipment, or is otherwise unable to fulfill your order. Separately, upon shipment of the Trial Kit, Byrna will issue you a one-time promotional credit of $50.00 toward the purchase of a new (non-refurbished) Byrna launcher through Byrna’s website (the “Purchase Credit”). Issuance of the Purchase Credit is not contingent on return of the Trial Kit, and you will retain the Purchase Credit regardless of whether you elect to return the Trial Kit under Section 3(b) or are deemed to have purchased the Trial Kit under Section 3(c). The Purchase Credit is non-transferable, has no cash value, and is subject to any expiration date or other conditions stated at the time of issuance, and any restrictions required by applicable law.

(b)  Security Deposit.    At checkout, you will also be charged a security deposit of $150.00 (the “Security Deposit”). The Security Deposit is held by Byrna to secure your obligations under this Agreement, including return of the Trial Kit in the condition required by Section 4. The Security deposit is refundable only as expressly provided in this Agreement.

(c)  No Financing or Installment Arrangement.    The combined charge of $200.00 at checkout does not represent a financing arrangement, installment sale, or layaway. If you keep the Trial Kit, the $200.00 constitutes payment in full as provided in Section 3(c) and the Security Deposit will be deemed applied to the purchase price rather than refunded.

(d)  Taxes.    You are solely responsible for any applicable federal, state, or local sales, use, excise, or similar taxes that may be imposed on your purchase or deemed purchase of the Trial Kit. Byrna will collect applicable taxes where required by law. If applicable tax was not collected at checkout and becomes due upon a deemed purchase, you authorize Byrna to charge your payment method for the legally required tax amount after providing any notice required by applicable law.

(e)  Authorization.    By completing checkout, you authorize Byrna to charge your payment method for the Trial Fee and Security Deposit and, if applicable, to retain the Security Deposit and charge any additional amounts as provided herein. This authorization applies only to charges expressly disclosed in this Agreement and does not authorize recurring charges.

(f)  Chargebacks and Payment Disputes.    You agree to contact Byrna in good faith at the customer-service email address in Section 19 before initiating a payment dispute or chargeback, except where doing so would waive a legal right or violate card-network rules. Nothing in this Agreement limits your rights under applicable payment-card, electronic-funds-transfer, or consumer-protection laws.

3.  Trial Period and Purchase Election

Summary (non-binding): The Trial Program works as follows: you pay $200 at checkout ($50 non-refundable Trial Fee + $150 Security Deposit). You have 14 calendar days from delivery to try the Trial Kit. Upon shipment of the Trial Kit, Byrna will issue you a $50 Purchase Credit toward a new (non-refurbished) Byrna launcher, which is yours to keep, regardless of whether you return the Trial Kit. If you tender the Trial Kit to the carrier by day 14 using the prepaid return label and it comes back in the required condition, Byrna refunds the $150 Security Deposit. If you do not return the Trial Kit in time or the Trial Kit is returned in a non-compliant condition, you are deemed to have purchased it: the $200 you already paid is applied as full payment for the Trial Kit, and no additional money is charged, other than any legally required tax not previously collected. The terms are set forth in subsections (a) through (e) below, and control in the event of any inconsistency with this summary.

(a)  Pre-Shipment Cancellation.    You may cancel your Trial Program order without charge at any time before Byrna ships the Trial Kit by contacting Byrna customer service at the email address in Section 19. Once the Trial Kit has been shipped, this Agreement is in full force and effect, and cancellation is governed by the return process in Section 3(b).

(b)  Return.    If you elect to return the Trial Kit, you must ship it back to Byrna using the prepaid return shipping label included in your shipment so that it is tendered to the carrier on or before the last day of the Trial Period. For purposes of timely return, “tendered to the carrier” means that the carrier has physically accepted possession of the package and generated a timestamped acceptance scan, receipt, or equivalent carrier record. Risk of loss and damage to the Trial Kit passes to Byrna upon Byrna’s actual receipt and inspection of the returned Trial Kit, subject to the carve-out for return shipments lost in transit set forth in Section 3(e) below. Upon receipt and inspection and confirmation that the Trial Kit has been returned in the condition required by Section 4, Byrna will, within ten (10) business days of confirming compliant receipt, credit the $150.00 Security Deposit to the original payment method. For the avoidance of doubt, the Purchase Credit described in Section 2(a) is issued upon shipment of the Trial Kit and is not contingent on return of the Trial Kit.

(c)  Purchase.    If you do not return the Trial Kit by tendering it to the carrier on or before the last day of the Trial Period, or if the Trial Kit is returned in a condition that does not satisfy the requirements of Section 4, you will be deemed to have elected to purchase the Trial Kit. In that event, the $200.00 previously charged (Trial Fee plus Security Deposit) shall constitute payment in full for the Trial Kit, and no Security Deposit refund will be issued. Title to the Trial Kit will transfer to you as of the last day of the Trial Period (or upon Byrna’s determination that the return condition requirements have not been met, as applicable). Any applicable sales or use tax on the deemed purchase will be collected in accordance with Section 2(d). To avoid confusion, see the Automatic Purchase Disclosure at the end of this Agreement. No additional product-price charge will occur solely because you are deemed to have purchased the Trial Kit.

(d)  Risk of Loss in Transit.    Risk of loss and damage to the Trial Kit during outbound shipment from Byrna to you passes to you upon delivery of the Trial Kit to the shipping address you provided. If your Trial Kit arrives damaged, you must notify Byrna within 72 hours of delivery and retain all packaging materials for carrier inspection. Byrna will work with you in good faith to address verifiable carrier-caused damage but is not obligated to replace or re-ship Trial Kits damaged after delivery. If the Trial Kit is not delivered to the shipping address you provided and is confirmed by the carrier as lost in outbound transit, Byrna will, at your election, (i) ship a replacement Trial Kit (in which case the Trial Period will commence upon delivery of the replacement), or (ii) refund in full the Trial Fee and Security Deposit to the original payment method within ten (10) business days of the loss determination.

(e)  Late or Lost Return.    You assume all risk of loss or damage to the Trial Kit during return shipment until actual receipt by Byrna, except that, if the Trial Kit is lost in return transit and you provide Byrna with documentary proof of tender of the Trial Kit to the carrier on or before the last day of the Trial Period (including a carrier-issued tender receipt or tracking record with a timestamped acceptance scan), Byrna will, upon independent verification of such tender through the carrier’s records, (i) refund the Security Deposit as though the Trial Kit had been received in compliant condition, and (ii) pursue any applicable carrier loss claim directly. Byrna’s obligation to refund the Security Deposit is conditioned on actual receipt of the Trial Kit or, in the case of a return lost in transit, on verified timely tender as provided in the preceding sentence. Byrna strongly recommends that you retain tracking information for the return shipment.

(f)  Required Negative-Option Disclosures and Express Consent.    The automatic purchase feature described in this Section 3 is a “negative option” feature because failure to complete a timely and compliant return results in your purchase of the Trial Kit using amounts already paid at checkout. Before you click “I Agree,”  read the material terms of this feature, including the Trial Period length, the return deadline, the amount paid, the consequence of non-return, how to avoid purchase, and how to cancel before shipment. By clicking “I Agree” below you provide affirmative express informed consent to the automatic purchase feature.

4.  Condition of Trial Kit

You agree to use the Trial Kit with reasonable care and to return it in the same condition as received, subject to normal wear incurred through lawful use during the Trial Period. For purposes of this Agreement, “normal wear” means minor surface scuffs and handling marks on the exterior consistent with careful use; it does not include structural damage, cracks or deformations to the frame or barrel, damage to the CO₂ cartridge port or internal mechanism, discharge residue that cannot be removed by normal cleaning, or any alteration or modification of the launcher. Byrna shall inspect the returned Trial Kit against these standards in good faith and notify Participant within five (5) business days of receipt of any determination that the return condition requirements have not been met, including a description of the identified deficiencies. You may not: (a) modify, disassemble, or alter the launcher in any way; (b) remove, deface, cover, alter, or destroy any serial number, model designation, or other identifying mark on the Trial Kit; (c) use the Trial Kit for any unlawful purpose; or (d) lend, rent, sell, gift, or otherwise transfer the Trial Kit to any other person during the Trial Period. You agree to follow all product safety instructions and warnings accompanying the Trial Kit and published by Byrna at www.byrna.com.

Byrna will inspect the returned Trial Kit upon receipt. Any damage beyond normal wear, missing components, evidence of unauthorized modification, or defacement of any serial number or identifying mark may result in Byrna withholding all or a portion of the Security Deposit to cover the cost of repair or replacement, in addition to any other remedies available at law or in equity.

5.  Disclaimer of Warranties

THE TRIAL KIT IS PROVIDED “AS IS” AND “AS AVAILABLE.” THE LAUNCHER INCLUDED IN THE TRIAL KIT IS A REFURBISHED UNIT. DURING THE TRIAL PERIOD, BYRNA PROVIDES NO WRITTEN WARRANTY WITH RESPECT TO THE TRIAL KIT, AND ACCORDINGLY THE PROHIBITION ON DISCLAIMING IMPLIED WARRANTIES SET FORTH IN THE MAGNUSON-MOSS WARRANTY ACT (15 U.S.C. § 2308) IS NOT TRIGGERED DURING THE TRIAL PERIOD. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BYRNA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE TRIAL KIT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BYRNA MAKES NO WARRANTY THAT THE TRIAL KIT WILL BE FREE FROM DEFECTS, THAT IT WILL PERFORM WITHOUT INTERRUPTION OR ERROR, OR THAT IT IS SUITABLE FOR ANY PARTICULAR USE.

IF YOU ELECT OR ARE DEEMED TO PURCHASE THE TRIAL KIT PURSUANT TO SECTION 3(c), THE TRIAL KIT IS SOLD SUBJECT ONLY TO (X) THE LIMITED WARRANTY EXPRESSLY SET FORTH IN THE FINAL PARAGRAPH OF THIS SECTION 5 AND (Y) ANY NON-WAIVABLE WARRANTIES REQUIRED BY APPLICABLE LAW; ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE EXPRESSLY DISCLAIMED. THIS DISCLAIMER APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW; SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

NOTWITHSTANDING THE FOREGOING, CALIFORNIA RESIDENTS WHO ELECT OR ARE DEEMED TO PURCHASE THE TRIAL KIT PURSUANT TO SECTION 3(c) ARE ENTITLED TO THE IMPLIED WARRANTY OF MERCHANTABILITY UNDER CALIFORNIA SONG-BEVERLY CONSUMER WARRANTY ACT (CIVIL CODE §§ 1790 ET SEQ.). MASSACHUSETTS RESIDENTS: PURSUANT TO M.G.L. c. 106 § 2-316A, NO PROVISION OF THIS SECTION 5 EXCLUDES, MODIFIES, OR DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE AS APPLIED TO A TRIAL KIT DEEMED PURCHASED BY A MASSACHUSETTS RESIDENT. NEW JERSEY RESIDENTS AND RESIDENTS OF ANY OTHER JURISDICTION WITH NON-WAIVABLE CONSUMER WARRANTY RIGHTS RETAIN ALL RIGHTS THAT CANNOT BE DISCLAIMED OR LIMITED UNDER APPLICABLE LAW.

LIMITED WARRANTY (APPLICABLE ONLY UPON DEEMED PURCHASE): THE TRIAL KIT, AS A REFURBISHED UNIT, IS WARRANTED TO BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF SIXTY (60) DAYS FROM THE DATE OF DEEMED PURCHASE, UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THE FOREGOING LIMITED WARRANTY IS, AT BYRNA’S ELECTION, REPAIR OR REPLACEMENT OF THE TRIAL KIT OR A REFUND OF THE PURCHASE PRICE. THIS LIMITED WARRANTY IS GIVEN ONLY UPON A DEEMED PURCHASE PURSUANT TO SECTION 3(c) AND DOES NOT APPLY DURING THE TRIAL PERIOD. THIS LIMITED WARRANTY DOES NOT COVER MISUSE, ABUSE, UNLAWFUL USE, UNAUTHORIZED MODIFICATION, FAILURE TO FOLLOW PRODUCT INSTRUCTIONS, NORMAL WEAR, CONSUMABLE ITEMS, OR DAMAGE OCCURRING AFTER DELIVERY, EXCEPT WHERE SUCH EXCLUSION IS PROHIBITED BY LAW.

6.  Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BYRNA, ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS (COLLECTIVELY, “BYRNA PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY: (a) INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES; (b) LOSS OF REVENUE, PROFIT, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; OR (c) PROPERTY DAMAGE ATTRIBUTABLE TO YOUR MISUSE OF THE TRIAL KIT, EVEN IF A BYRNA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION 6 SHALL LIMIT BYRNA’S LIABILITY FOR (I) DEATH OR PERSONAL INJURY TO THE EXTENT CAUSED BY BYRNA’S OWN NEGLIGENCE, GROSS NEGLIGENCE, OR INTENTIONAL MISCONDUCT; (II) GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT OF ANY BYRNA PARTY; OR (III) ANY OTHER LIABILITY THAT CANNOT, UNDER APPLICABLE LAW, BE LIMITED OR EXCLUDED, INCLUDING WITHOUT LIMITATION UNDER CALIFORNIA CIVIL CODE § 1668.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE BYRNA PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRIAL PROGRAM EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO BYRNA UNDER THIS AGREEMENT (I.E., $200.00); PROVIDED, HOWEVER, THAT THIS LIMITATION SHALL NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW OR TO BYRNA’S EXPRESS REFUND OBLIGATIONS UNDER THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART. WHERE SUCH EXCLUSIONS OR LIMITATIONS ARE RESTRICTED BY LAW, BYRNA’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

7.  Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless the Byrna Parties from and against any and all third-party claims, liabilities, damages, judgments, losses, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to: (a) your participation in the Trial Program; (b) your use or misuse of the Trial Kit; (c) your breach of this Agreement or any applicable law, regulation, or ordinance; (d) your violation of any third-party right, including any property right or right of bodily integrity; or (e) any injury to persons or property caused by the Trial Kit while in your possession or control; provided, however, that the foregoing indemnification shall not apply to the extent any claim arises from (i) a defect in the Trial Kit existing at the time of delivery to you, (ii) the negligence, gross negligence, or willful misconduct of any Byrna Party, or (iii) any matter for which indemnification by a consumer is prohibited or unenforceable under applicable law. Byrna reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with Byrna in asserting any available defenses. If Byrna does not assume defense of an indemnified matter, you shall reimburse Byrna for its reasonable defense costs as such costs are incurred. You may not settle any such matter without Byrna’s prior written consent.

8.  Assumption of Risk and Safe Use

YOU ACKNOWLEDGE THAT THE TRIAL KIT IS A LESS-LETHAL PERSONAL SECURITY DEVICE CAPABLE OF CAUSING SERIOUS INJURY OR DEATH IF USED IMPROPERLY. BY PARTICIPATING IN THE TRIAL PROGRAM, YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THE TRIAL KIT, INCLUDING THE RISK OF PERSONAL INJURY TO YOURSELF AND PROPERTY DAMAGE ARISING FROM YOUR HANDLING OR USE OF THE TRIAL KIT. NOTHING IN THIS SECTION 8 IS INTENDED TO, NOR SHALL, WAIVE OR RELEASE ANY CLAIM OF ANY THIRD PARTY WHO IS NOT A PARTY TO THIS AGREEMENT OR ANY CLAIM THAT CANNOT BE WAIVED OR RELEASED UNDER APPLICABLE LAW. You agree to: (a) read and follow all instructions, warnings, and safety information accompanying the Trial Kit and available at www.byrna.com before using the Trial Kit; (b) use the Trial Kit only for lawful purposes; (c) store the Trial Kit safely and securely, out of reach of minors; (d) never point or aim the Trial Kit at any person except in a lawful act of self-defense; and (e) comply with all applicable federal, state, and local laws governing the purchase, possession, and use of the Trial Kit.

9.  Compliance with Laws

You represent that, to the best of your knowledge after reasonable inquiry, you are legally permitted to purchase, possess, and use the Trial Kit in your jurisdiction. You are solely responsible for determining whether participation in the Trial Program and use of the Trial Kit complies with all applicable federal, state, and local laws, including any laws governing CO₂-powered or less-lethal devices. Byrna reserves the right to refuse participation in the Trial Program to any person or in any jurisdiction where it determines that legal or regulatory restrictions may apply. If Byrna determines before shipment that your order cannot lawfully or prudently be fulfilled, Byrna may cancel the order and refund amounts paid in accordance with Section 2 and Section 14.

10.  Known State and Local Restrictions

The following sets forth Byrna’s current understanding of known state-level and local legal restrictions that may affect your ability to participate in the Trial Program or to possess and use the Trial Kit. This list is not exhaustive. Laws change frequently and vary by jurisdiction. Byrna does not provide legal advice, and this section is for informational purposes only. The absence of a jurisdiction from this section does not mean that no restrictions apply. TO THE EXTENT ANY TERM OF THIS AGREEMENT CONFLICTS WITH APPLICABLE STATE OR LOCAL LAW IN YOUR JURISDICTION, THE APPLICABLE STATE OR LOCAL LAW SHALL CONTROL.

(a)  State-Level Restrictions.

California:  The Trial Kit shipped to California addresses will contain kinetic and/or pro-training projectiles only. No chemical irritant or pepper projectiles or Byrna MAX projectiles will be shipped to California addresses. This restriction reflects California Penal Code § 22810(e)(1), which prohibits the purchase, possession, or use of "any tear gas weapon that expels a projectile, or that expels the tear gas by any method other than an aerosol spray." A Byrna launcher loaded with OC or pepper projectiles would fall within this prohibition. Participation in the Trial Program with a kinetic-only Trial Kit is otherwise permitted subject to applicable California law.

Connecticut:   Connecticut General Statutes § 53-206(a) prohibits carrying upon one's person certain enumerated weapons, including BB guns, as well as "any other dangerous or deadly weapon or instrument." Violation is a class E felony. Whether a CO₂-powered launcher falls within the residual clause is unsettled under Connecticut law and is fact-specific. Possession at a residence or place of business is generally permissible; carrying upon the person in public may not be, and transport in a motor vehicle separately implicates C.G.S. § 29-38. Connecticut participants should consult qualified legal counsel before carrying the Trial Kit outside the home or transporting it in a vehicle.

Delaware:   Under amendments to Delaware's weapons code enacted in 2025 (84 Del. Laws, c. 525), 11 Del. C. § 222(28) creates a new statutory category of "projectile weapon" that expressly includes any air gun discharging a pellet, slug, or bullet larger than .177 caliber. Separately, 11 Del. C. § 1445(a)(1)(a) prohibits any non-law-enforcement person from possessing or controlling a weapon that by compressed air or spring discharges a pellet, slug, or bullet larger than .177 caliber. Because the Trial Kit fires .61 and .68 caliber projectiles, it falls within the projectile-weapon framework and outside the .177-caliber exception. Byrna therefore does not ship the Trial Kit to Delaware addresses, and Delaware residents may not participate in the Trial Program. Byrna reserves the right to modify this restriction based on future legal developments.

Hawaii:  Byrna does not ship Trial Kits to Hawaii addresses. This restriction reflects Byrna’s business decision to distribute Byrna products in Hawaii exclusively through its official retail partner, Live Safe Hawaii, and is not based on any Hawaii law prohibiting the possession or sale of Byrna launchers. Hawaii residents who wish to acquire a Byrna launcher should contact Live Safe Hawaii directly, where Byrna products are available at authorized retail locations and through Live Safe Hawaii’s website.

Illinois:   Under the Illinois Firearm Owners Identification Card Act, 430 ILCS 65/1.1, the definition of "firearm" excludes any pneumatic gun, spring gun, paintball gun, or B-B gun that expels a single globular projectile not exceeding .18 inch in diameter or has a maximum muzzle velocity of less than 700 feet per second. The Trial Kit's maximum muzzle velocity is below 700 feet per second; it therefore falls within the exclusion, is not a "firearm" under Illinois state law, and possession does not require a Firearm Owner's Identification Card. Illinois participants remain responsible for compliance with other applicable Illinois law, including the Firearm Concealed Carry Act (430 ILCS 66/) and any applicable local ordinances. Chicago restrictions are addressed in Section 10(b)(i) below.

Michigan:  Effective 2015, Michigan amended MCL 750.222(e) to define “firearm” as a weapon that expels a projectile “by action of an explosive,” and separately defined “pneumatic gun” at MCL 750.222(g) and MCL 123.1101(d) to cover implements that expel a BB or pellet by spring, gas, or air (including paintball guns). As a result, CO₂-powered launchers such as the Byrna launcher are generally not classified as firearms under Michigan state law; they are regulated as pneumatic guns. Among other rules, MCL 750.227d imposes vehicle transport restrictions on pneumatic guns that expel a metallic BB or metallic pellet greater than .177 caliber. Certain Byrna Max and related projectile product lines are not shipped to Michigan, and the Trial Kit for Michigan addresses will contain kinetic projectiles only. Local ordinances within Michigan may impose additional restrictions. Participants in Michigan are encouraged to consult with qualified legal counsel before participating.

New Jersey:   The Byrna launcher is not currently regulated as a firearm under N.J.S.A. 2C:39-1(f) when used with OC (pepper) or inert projectiles, based on informal guidance from the New Jersey State Police Firearms Unit. The same guidance provides that the launcher is not legal in New Jersey when used with solid kinetic projectiles. Trial Kits shipped to New Jersey addresses will therefore contain inert projectiles only. The foregoing reflects informal guidance, is not a formal Attorney General opinion or a judicial determination, may be revised, and is not binding on county prosecutors. The launcher may be regulated as a "weapon" under N.J.S.A. 2C:39-1(r) in certain circumstances, and New Jersey law sharply restricts the carrying of weapons outside the home. Because the launcher can readily be mistaken for a firearm, New Jersey Participants are cautioned not to open-carry the Trial Kit and are strongly encouraged to consult qualified legal counsel before participating in the Trial Program. To the extent any provision of this Agreement - including the disclaimer of implied warranties in Section 5, the limitation of liability in Section 6, or any other provision - would violate a clearly established legal right of a consumer under New Jersey law in violation of the Truth-in-Consumer Contract, Warranty and Notice Act, N.J.S.A. 56:12-14 et seq., that provision is void and of no force or effect as to New Jersey residents.

New York (State):  New York State restricts certain Byrna launchers and projectile types. Under New York Penal Law § 265.00, the state-level definition of “firearm” generally requires the projectile to be propelled by the action of an explosive. A CO₂-powered Byrna launcher is therefore generally not classified as a firearm at the state level in New York. However, New York law separately regulates air guns in certain contexts (including possession on school grounds under Penal Law § 265.01-a). The Trial Kit shipped to New York State addresses will contain kinetic projectiles only. No Byrna products of any kind will be shipped to New York City (including the five boroughs and Yonkers), as addressed in Section 10(b)(i) below.

Rhode Island:  Rhode Island General Laws § 11-47-2(7) defines “firearm” to include air rifles, air pistols, and other instruments from which “steel or metal projectiles” are propelled, with an express exception for “instruments propelling projectiles that are designed or normally used for a primary purpose other than as a weapon”. Byrna’s standard kinetic projectiles are polymer-based rather than steel or metal, which may place them outside that specific statutory definition. However, the broader firearm and weapon provisions of RIGL Chapter 11-47 may still apply depending on the specific launcher and projectile configuration. Participants in Rhode Island are encouraged to consult with qualified legal counsel before participating in the Trial Program to determine whether permit or licensing requirements apply.

Washington, D.C.:  Byrna does not ship launchers or irritant projectiles to Washington, D.C. Participants located in Washington, D.C. may not participate in the Trial Program. This restriction is supported by, among other provisions, D.C. Code § 7-2502.13, which permits self-defense sprays only when "propelled from an aerosol container" (a requirement that a projectile-fired OC or tear gas round does not satisfy), and the broader restrictions on possession of firearms and destructive devices under D.C. Code § 7-2501.01 et seq.

Wisconsin:  Wisconsin imposes strict regulation on chemical self-defense products under Wis. Stat. § 941.26 and Wis. Admin. Code ch. Jus 14, which limit permitted civilian OC products to specified formulations, container sizes, and effective ranges that the Byrna launcher's .68 caliber OC projectile does not satisfy. Trial Kits shipped to Wisconsin addresses will therefore contain kinetic projectiles only; OC (pepper) projectiles will not be shipped to Wisconsin addresses. Wisconsin Participants should independently verify applicable state and local law before participating in the Trial Program.

Washington State: Washington State defines “firearm” at RCW 9.41.010 as a weapon or device from which a projectile may be fired by an explosive such as gunpowder. A CO₂-powered launcher is generally not classified as a firearm under Washington State law at the state level. However, other Washington statutes separately regulate air guns in specific contexts (for example, RCW 9.41.280 prohibits air guns on school premises, and RCW 9.41.230 prohibits willful discharge of an air gun in a public place), and municipal ordinances within Washington State may impose additional restrictions on the possession, carry, or discharge of air-powered devices. Participants in Washington State should verify the lawfulness of possession, carry, and use of the Trial Kit under applicable state and local law before participating.

(b)  Local Restrictions.

(i)  Legally Mandated Shipping Prohibitions.

Byrna will not ship any Trial Kit to the following localities based on known local legal prohibitions. Residents of these localities may not participate in the Trial Program:

Chicago, Illinois:  Chicago Municipal Code § 8-24-040 addresses the discharge and possession of certain air- and spring-powered devices within the city, and Chicago Municipal Code § 4-144-145 restricts the sale or transfer of "replica air guns" within the city. The application of these provisions to CO₂-powered self-defense launchers that are functional projectile weapons (rather than toys or non-functional facsimiles) is not free from doubt, and Byrna reserves all arguments and defenses, including that Byrna launchers are not "toy firearms" or "replica firearms" within the meaning of these provisions. As a conservative compliance position, and not as an admission that Byrna launchers cannot lawfully be sold or possessed in Chicago, Byrna does not ship Trial Kits to Chicago addresses pending further legal analysis or guidance from the City of Chicago. Participants in Chicago may not participate in the Trial Program. Byrna reserves the right to modify this restriction based on future legal analysis, guidance from the City of Chicago Department of Law, judicial interpretation, or amendment to the Municipal Code.

New York City, New York (all five boroughs); Yonkers (Business-Elected Restriction):  New York City Administrative Code § 10-131(b) makes it unlawful for any person to sell, offer to sell, or possess within the City any air pistol, air rifle, or similar instrument in which the propelling force is a spring or air, subject to limited exceptions (including sales accompanied by delivery to a point outside the City by a person holding an annual license from the Police Commissioner for such purpose, and certain licensed amusement and range uses). No Trial Kit or any other Byrna product will be shipped to addresses within the five boroughs of New York City. Separately, Byrna has elected as a matter of business judgment not to ship to Yonkers, New York; this restriction is not based on a confirmed statutory prohibition (NYC Administrative Code § 10-131(b) applies to New York City and does not by its terms extend to Yonkers) but reflects Byrna’s conservative compliance posture. Byrna reserves the right to modify this business election at any time.

Washington, D.C.:  As addressed in Section 10(a) above, Byrna does not ship launchers or irritant projectiles to Washington, D.C. addresses.

(ii)  Byrna Business-Elected Shipping Restrictions.

In addition to legally mandated prohibitions, Byrna has elected, as a matter of business judgment and based on an abundance of caution, not to ship to the following locality. This restriction is not necessarily based on a confirmed statutory prohibition but reflects Byrna’s conservative compliance posture:

San Francisco, California:  While a prior San Francisco municipal ban on air guns was struck down under California’s state preemption statute, Byrna has elected, as a business matter - and just for the purposes of this trial Program - not to ship any Trial Kits to a San Francisco address. Byrna reserves the right to modify this election at any time.

The foregoing restrictions are subject to change. An updated list is available at www.byrna.com/pages/restrictions. It is your responsibility to verify whether your jurisdiction is restricted before placing an order.

11.  Privacy

By participating in the Trial Program, you consent to Byrna’s collection and use of your personal information in connection with the Trial Program, as described in Byrna’s Privacy Policy available at www.byrna.com/privacy. Byrna will not sell or share your personal information with third parties for cross-context behavioral advertising or their own independent marketing purposes without your separate consent where such consent is required by applicable law. Participants who are residents of California, Virginia, Colorado, Connecticut, Texas, Oregon, or other states with enacted consumer privacy laws may have additional rights with respect to their personal information, including rights to access, correct, delete, or opt out of certain processing. To exercise such rights, contact Byrna at the address in Section 19 or as directed in Byrna’s Privacy Policy. The categories of personal information that Byrna collects in connection with the Trial Program include: identity and contact information, payment information (processed by a third-party payment processor), device and acceptance information (including IP address and timestamp of electronic acceptance), and shipping information. This information is used to administer the Trial Program, process payments and returns, comply with applicable law, and communicate with Participants. Byrna retains personal information for the period reasonably necessary to fulfill these purposes and to comply with applicable legal obligations.

12.  Dispute Resolution; Governing Law

(a)  Informal Resolution.    Before initiating any formal proceeding, you agree to contact Byrna at legal@byrna.com with a written notice of dispute (the “Notice of Dispute”) that includes: (i) your full legal name; (ii) your residential and mailing address; (iii) your email address and telephone number; (iv) a clear and concise statement of the facts giving rise to the dispute; and (v) a specific description of the relief you are requesting. The parties agree to make a good-faith effort to resolve the dispute informally within thirty (30) days of Byrna’s receipt of a complete Notice of Dispute. If the Notice of Dispute is materially incomplete, Byrna will notify you within ten (10) business days of receipt and identify the missing elements; the thirty (30) day informal resolution period shall commence upon Byrna’s receipt of a complete Notice of Dispute. Submission of a complete Notice of Dispute and expiration of the thirty (30) day informal-resolution period without resolution is a prerequisite to commencement of any arbitration or litigation under this Section 12, and any statute of limitations or contractual limitations period applicable to the dispute shall be tolled during the informal-resolution period.

(b)  Binding Arbitration.    Except for the limited exceptions in Section 12(e), any dispute, claim, or controversy arising out of or relating to this Agreement, the Trial Program, or the Trial Kit shall be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect at the time of the dispute, as modified by this Agreement. This arbitration agreement is governed by the Federal Arbitration Act. The arbitration shall be conducted by a single neutral arbitrator. The arbitrator shall have the authority to award any relief that a court of competent jurisdiction could award, including injunctive relief, but may not award relief inconsistent with this Agreement. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Information about the AAA and its Consumer Arbitration Rules is available at www.adr.org. If the AAA is unavailable or declines to administer the arbitration, the parties shall mutually agree on an alternative arbitral forum.

(c)  Delegation. By agreeing to arbitration, you and Byrna clearly and unmistakably agree that the arbitrator, and not any court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, scope, or formation of this Agreement, including any claim that all or any part of this Agreement (including this Section 12) is void or voidable. The foregoing delegation provision is severable from the remainder of this Section 12 and shall survive any finding that any other provision of this Section 12 is unenforceable. Notwithstanding the foregoing, the question whether the class action waiver in Section 12(f) is enforceable shall be decided by a court, not the arbitrator.

(d)  Arbitration Fees and Location.    The allocation of arbitration fees and costs shall be governed by the AAA Consumer Arbitration Rules. Byrna will pay all arbitration filing, administrative, hearing, and arbitrator fees that exceed the consumer’s filing fee as set forth in the AAA Consumer Arbitration Rules (currently capped at $225 for the consumer), unless the arbitrator finds that your claim was frivolous or brought for an improper purpose, in which case fees may be allocated in accordance with the AAA Consumer Arbitration Rules. The arbitration shall be conducted remotely (by videoconference, telephone, or written submission) unless the arbitrator determines that an in-person hearing is necessary, in which case it shall be held at a reasonably convenient location in the federal judicial district in which you reside, unless the parties agree otherwise or the arbitrator determines that another location is required by applicable law or the AAA Consumer Arbitration Rules.

(e)  Exceptions to Arbitration.    Notwithstanding Section 12(b), either party may seek emergency or interim injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration, without waiving the right to arbitrate the underlying claim. Either party may also bring an individual claim in a small claims court of competent jurisdiction in the county of your residence (or, if Byrna is the claimant, in New Castle County, Delaware), provided that (i) the claim qualifies for adjudication in such court under that court’s monetary, subject-matter, and procedural limits, (ii) the claim remains in such court (and is not removed, transferred, or expanded into a non-small-claims proceeding), and (iii) the claim is brought solely on an individual basis and not on a class, collective, or representative basis. If a small-claims action is removed, transferred, or expanded beyond the jurisdictional limits of the small claims court, the action shall be dismissed, and the dispute shall be resolved by arbitration under Section 12(b).

(f)  Class Action Waiver.    YOU AND BYRNA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. If this class action waiver is found to be unenforceable, then the entirety of Section 12(b) shall be null and void, and the parties shall resolve any dispute in accordance with Section 12(g). Notwithstanding the foregoing, nothing in this Section 12(f) shall be construed to waive any party’s right to seek public injunctive relief in a court of competent jurisdiction where such right cannot be waived as a matter of applicable law. Any claim for public injunctive relief shall be severed from arbitration and litigated separately in a court of competent jurisdiction in the state where you reside (or, if no such court has jurisdiction over the claim, in any other court of competent jurisdiction); any related individual claims shall remain subject to arbitration under Section 12(b), and the court proceeding on the public injunctive relief claim shall be stayed pending resolution of such individual arbitration.

(g)  Governing Law.    This Agreement and any dispute arising out of or relating to it or the Trial Program shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-laws principles. Notwithstanding the foregoing, and as set forth in Section 10, to the extent any provision of this Agreement conflicts with mandatory applicable state or local law in the jurisdiction where you reside or receive the Trial Kit, such applicable law shall control solely with respect to that conflicting provision. Without limiting the foregoing, California residents retain the protections of California’s Consumers Legal Remedies Act (Cal. Civ. Code §§ 1750 et seq.), Unfair Competition Law (Bus. & Prof. Code §§ 17200 et seq.), False Advertising Law (Bus. & Prof. Code §§ 17500 et seq.), Song-Beverly Consumer Warranty Act (Cal. Civ. Code §§ 1790 et seq.), and any other non-waivable consumer-protection statute, notwithstanding the choice of Delaware law. To the extent any claim is not subject to arbitration under Section 12(b), you irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Delaware; provided, however, that any claim that, as a matter of applicable law, must be brought in the courts of the state of your residence (including, without limitation, claims for public injunctive relief under Section 12(f), and any non-waivable consumer-protection claim that may not be removed from your home state under applicable law) may be brought in a court of competent jurisdiction in the state of your residence.

(h)  Waiver of Jury Trial.    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR CLAIM NOT SUBJECT TO ARBITRATION UNDER THIS AGREEMENT. SOME STATES, INCLUDING CALIFORNIA AND GEORGIA, DO NOT ENFORCE PRE-DISPUTE JURY TRIAL WAIVERS IN CONSUMER CONTRACTS. TO THE EXTENT APPLICABLE LAW IN YOUR JURISDICTION PROHIBITS ENFORCEMENT OF THIS WAIVER, IT SHALL NOT APPLY TO YOU.

13.  Entire Agreement; Integration

This Agreement, together with the version of Byrna’s Privacy Policy in effect at the time you clicked “I Agree” (a copy of which Byrna will retain in its consent records and make available upon written request) incorporated herein by reference, constitutes the entire agreement between you and Byrna with respect to the Trial Program and supersedes all prior and contemporaneous agreements, representations, warranties, and understandings, whether oral or written, relating to the subject matter hereof. No modification of this Agreement shall be binding unless made in writing and signed by an authorized representative of Byrna. In the event of a conflict between this Agreement and any other Byrna terms or policies, this Agreement shall govern with respect to the Trial Program, except as provided in Section 10 with respect to applicable state and local law.

14.  Force Majeure

Byrna shall not be liable for any delay or failure to perform its obligations under this Agreement to the extent caused by circumstances beyond Byrna’s reasonable control, including without limitation acts of God, natural disasters, epidemic or pandemic, war, terrorism, civil unrest, governmental action or regulation, labor disputes, supply chain disruptions, or failure of third-party logistics or carrier services. In the event of a force majeure event affecting Byrna’s ability to ship or receive Trial Kits, Byrna will notify affected Participants and make reasonable efforts to reschedule shipment or extend the Trial Period as appropriate. The Trial Fee will be refunded in full (within ten (10) business days of Byrna’s determination that fulfillment is not possible) in any of the following circumstances: (i) a force majeure event prevents Byrna from shipping the Trial Kit entirely; (ii) the Trial Kit is not delivered to you due to loss in outbound transit as confirmed by the carrier (as also provided in Section 2(a)); or (iii) Byrna is otherwise permanently unable to fulfill your order. Security Deposits will be refunded in each of the foregoing circumstances, regardless of whether the Trial Kit has shipped. Where a force majeure event delays but does not prevent fulfillment, Trial Fees paid for delayed shipments will not be refunded so long as the Trial Kit is ultimately shipped and delivered.

15.  Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under this Agreement, in whole or in part, without Byrna’s prior written consent. Any attempted assignment without such consent shall be null and void. Byrna may assign this Agreement, or any of its rights or obligations hereunder, without your consent in connection with a merger, acquisition, reorganization, sale of all or substantially all of its assets, or operation of law. This Agreement shall be binding on and inure to the benefit of the parties and their respective permitted successors and assigns.

16.  Severability

If any provision of this Agreement is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect. If any state-specific provision set forth in Section 10 is determined to be inaccurate or incomplete, such determination shall not affect the validity of any other provision of this Agreement.

17.  Waiver

No failure or delay by Byrna in exercising any right or remedy under this Agreement shall constitute a waiver of that right or remedy. No single or partial exercise of any right or remedy shall preclude any other or further exercise thereof or the exercise of any other right or remedy. No waiver by Byrna of any breach of this Agreement shall be deemed a waiver of any subsequent breach.

18.  Electronic Acceptance

You agree that your electronic acceptance of this Agreement by clicking the “I Agree” button constitutes your legal signature and has the same legal force and effect as a handwritten signature under the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) (E-SIGN) and the Uniform Electronic Transactions Act as adopted in applicable states. You acknowledge that Byrna may retain an electronic record of your acceptance, including the date and time of acceptance and your IP address, as evidence of your agreement to these terms. In accordance with 15 U.S.C. § 7001(c), Byrna hereby provides the following disclosures regarding your consent to conduct this transaction electronically and to receive records electronically: (a) Scope of Consent. Your consent applies to this Agreement and to any other records, notices, and disclosures that Byrna is required or elects to provide in connection with the Trial Program, including order confirmations, shipping notifications, return instructions, and tax-related documents. (b) Option to Receive Paper Records. You may request a paper copy of this Agreement or any electronic record provided to you by contacting Byrna at the address in Section 19. Byrna will provide a paper copy at no charge. Requesting a paper copy of any particular record will not, by itself, withdraw your consent to receive records electronically. (c) Right to Withdraw Consent. You may withdraw your consent to receive records electronically at any time by contacting Byrna at the address in Section 19. If you withdraw consent, Byrna may be unable to continue providing you with the Trial Program, and your withdrawal will be effective only after Byrna has had a reasonable opportunity to act on your request. Withdrawal of consent will not affect the legal effectiveness, validity, or enforceability of any electronic records provided or transactions entered into prior to the withdrawal. (d) Hardware and Software Requirements. To access and retain electronic records, you will need: (i) a device with internet access; (ii) a current version of a commercially available web browser that supports HTML5, JavaScript, and TLS 1.2 or higher; (iii) software capable of displaying and printing PDF documents (such as Adobe Acrobat Reader); and (iv) an active email account and sufficient electronic storage capacity on your device. If these requirements change in a manner that creates a material risk that you will not be able to access or retain subsequent electronic records, Byrna will provide you with an updated statement of the revised requirements and an opportunity to withdraw your consent. (e) Updating Contact Information. You agree to promptly notify Byrna of any change to the email address or other contact information you provided. You may update your contact information by contacting Byrna at the address in Section 19. By clicking “I Agree,” you affirmatively consent to receive electronic records and signatures in connection with the Trial Program as described in this Section 18, and you confirm that you are able to access and retain the records described above.

19.  Contact Information

If you have questions about this Agreement or the Trial Program, please contact:

Byrna Technologies Inc.

100 Burtt Road, Suite 115

Andover, MA 01810

Email: legal@byrna.com (for notices of dispute and formal legal correspondence)

Email: info@byrna.com (for cancellations, order inquiries, and general customer service) –

Website: www.byrna.com

BY CLICKING THE BUTTON BELOW, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE BINDING ARBITRATION PROVISION IN SECTION 12.

[ I AGREE ]

[ I DO NOT AGREE ]

Last Updated: May 12, 2026