BYRNA TECHNOLOGIES INC.

TRADE UP, GEAR UP PROGRAM

TERMS AND CONDITIONS

PLEASE READ CAREFULLY BEFORE PROCEEDING

Table of Contents

1. The Program

2. Fees and Payment

3. Trade-In Process; Inspection; Issuance of the Trade-Up Credit

4. Title to and Disposition of the Surrendered SD

5. Disclaimer of Warranties

6. Limitation of Liability

7. Indemnification

8. Assumption of Risk and Safe Handling

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,” “YOU,” OR “YOUR”) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY THESE PROGRAM TERMS AND CONDITIONS (THIS “AGREEMENT”). IF YOU DO NOT AGREE TO ALL TERMS OF THIS AGREEMENT, YOU MAY NOT PARTICIPATE IN THE PROGRAM. THIS AGREEMENT CONSTITUTES A BINDING LEGAL CONTRACT BETWEEN YOU AND BYRNA TECHNOLOGIES INC. (“BYRNA”). THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND A CLASS-ACTION WAIVER IN SECTION 12 THAT AFFECT YOUR LEGAL RIGHTS.

1.  The Program

Byrna offers a limited trade-in / trade-up program (the “Trade Up, Gear Up Program” or the “Program”) that allows eligible owners of a Byrna SD-series launcher to surrender that launcher to Byrna in exchange for a one-time promotional credit toward the purchase of a new Byrna Compact Launcher (CL) or Compact Launcher XL (CL-XL). For purposes of this Agreement, “SD” means a Byrna SD-series CO₂-powered launcher, and “New Launcher” means a new (non-refurbished) Byrna CL or CL-XL launcher. The Program is offered at Byrna’s sole discretion and may be modified, suspended, or discontinued at any time without notice; any such change will not affect a Trade-Up Credit already issued to you.

(a) The Trade-Up Kit. To participate, you purchase a “Trade-Up Kit” for the fee stated in Section 2(a). The Trade-Up Kit consists of return packaging (or instructions for using your own packaging) and a prepaid return shipping label that you will use to send your SD to Byrna. The Trade-Up Kit does not include any launcher, projectiles, CO₂ cartridge, or accessory. Purchase of a Trade-Up Kit does not by itself entitle you to the Trade-Up Credit; the Trade-Up Credit is issued only if and when Byrna receives and accepts a Qualifying SD in accordance with Section 3.

(b) Eligibility. To participate in the 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 in which the acquisition, possession, transfer, or use of the SD or the New Launcher is restricted or prohibited as described in Section 10 or in Byrna’s published restrictions list; (iv) be the lawful owner of a genuine Byrna SD with good and marketable title, free of any lien, security interest, or other encumbrance, and have the legal right to transfer that SD to Byrna; (v) not be prohibited by applicable federal, state, or local law from owning, possessing, transferring, purchasing, or using the SD or the New Launcher; and (vi) 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 your participation in the Program, your transfer of the SD, and your purchase, possession, and use of the New Launcher are lawful in your jurisdiction. Byrna makes no representation that the SD or the New Launcher is legal to purchase, possess, transfer, or use in any particular jurisdiction.

(c) Program Availability; No Legal Advice. Byrna’s acceptance of a Trade-Up Kit order, provision of a prepaid return label, receipt of a surrendered SD, or publication of a restrictions list is not legal advice and is not a representation that you may lawfully possess, transport, ship, transfer, or use the SD or the New Launcher in any location or manner. You remain responsible for complying with all applicable federal, state, and local laws, ordinances, and regulations, including those governing the shipment of CO₂-powered or less-lethal devices.

2. Fees and Payment

(a) Trade-Up Kit Fee. At checkout, you will be charged a non-refundable fee of $19.99 (the “Trade-Up Kit Fee”). The Trade-Up Kit Fee covers Byrna’s cost of providing the prepaid return shipping label and the return shipment of your SD to Byrna. The Trade-Up Kit Fee is earned by Byrna upon issuance of the prepaid return label and is not refundable, except that the Trade-Up Kit Fee shall be refunded in full if Byrna cancels your order before issuing the prepaid return label, or is otherwise unable to make the Trade-Up Kit available to you.

(b)  No Deposit; No Financing. The Trade-Up Kit Fee is a fee for the return-shipping service described above. It is not a deposit toward, or partial payment of the price of, the New Launcher, and it does not represent a financing arrangement, installment sale, or layaway. Your purchase of a New Launcher is a separate transaction governed by Section 3(g) and by Byrna’s standard storefront terms of sale.

(c) Taxes. You are solely responsible for any applicable federal, state, or local sales, use, excise, or similar taxes imposed on the Trade-Up Kit Fee or on your purchase of a New Launcher. Byrna will collect applicable taxes where required by law. The application of any Trade-Up Credit to a New Launcher purchase, and the treatment of that credit for sales- and use-tax purposes, will be administered in accordance with applicable law in the taxing jurisdiction.

(d) Authorization. By completing checkout, you authorize Byrna to charge your payment method for the Trade-Up Kit Fee and any applicable tax. This authorization applies only to the charges expressly disclosed in this Agreement and does not authorize recurring charges. Participation in the Program will not result in any automatic or further charge to your payment method, and you are under no obligation to purchase a New Launcher.

(e) 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. Trade-In Process; Inspection; Issuance of the Trade-Up Credit

Summary (non-binding): The Program works as follows: you pay a $19.99 non-refundable Trade-Up Kit Fee at checkout and receive a prepaid return label. You ship your SD to Byrna using that label within the return window described in Section 3(a). Byrna inspects the returned item. If it is a Qualifying SD, Byrna issues you a one-time $150.00 promotional credit (the “Trade-Up Credit”) that you may apply toward the purchase of one new CL or CL-XL through Byrna’s website. If you do not return an SD, you simply receive no Trade-Up Credit, the $19.99 is not refunded, and nothing further is charged. The binding terms are set forth in subsections (a) through (g) below and control over this summary in the event of any inconsistency.

(a) Shipping Your SD. After Byrna provides your prepaid return label, you must ship your SD to Byrna (or its designated return facility) so that it is tendered to the carrier on or before the thirtieth (30th) day after Byrna provides the label (the “Return Window”). For purposes of this Agreement, “tendered to the carrier” means the carrier has physically accepted possession of the package and generated a timestamped acceptance scan, receipt, or equivalent record. Byrna strongly recommends that you retain proof of tender and tracking information for the return shipment.

(b) Required Exclusions; Safe Shipment. Before placing your SD in the return packaging, you must remove from the SD, and you must NOT include in the return shipment, any of the following: (i) any CO₂ cartridge or other compressed-gas cartridge; (ii) any projectiles or ammunition of any kind, including kinetic, OC/pepper, chemical-irritant, or inert rounds; (iii) any loaded or unloaded magazine containing projectiles; (iv) any battery, laser, light, or other electronic accessory; and (v) any case, holster, or other accessory. Return the SD launcher unit only. CO₂ cartridges and projectiles are regulated for shipment, must not be sent through the return label, and are not eligible for any credit. You are responsible for packaging and shipping the SD in compliance with applicable law and carrier requirements.

(c) Risk of Loss; Lost Return Shipments. You assume all risk of loss or damage to the SD during return shipment until Byrna’s actual receipt of the SD, except that, if the SD is lost in return transit and you provide Byrna with documentary proof of tender of the SD to the carrier on or before the last day of the Return Window (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) issue the Trade-Up Credit as though a Qualifying SD had been received and accepted, and (ii) pursue any applicable carrier loss claim directly.

(d) Inspection; Qualifying SD. Upon receipt, Byrna will inspect the returned item in good faith. A “Qualifying SD” is a genuine Byrna SD-series launcher that you lawfully own and are entitled to transfer to Byrna, regardless of cosmetic wear or ordinary functional condition. Cosmetic wear (such as surface scuffs, scratches, or handling marks) does not disqualify an SD. Byrna may, in its reasonable discretion, decline to treat an item as a Qualifying SD if the item is not a genuine Byrna SD-series launcher (including any counterfeit unit or any non-Byrna or non-SD product), if any serial number or identifying mark has been removed, defaced, or altered, or if Byrna has a good-faith basis to believe the item was stolen or unlawfully obtained. Byrna will notify you within five (5) business days of receipt if it determines that the returned item is not a Qualifying SD.

(e) Issuance of the Trade-Up Credit. If Byrna confirms receipt of a Qualifying SD, Byrna will, within ten (10) business days of that confirmation, issue you a one-time promotional credit of $150.00 (the “Trade-Up Credit”) redeemable toward the purchase of one New Launcher (a CL or CL-XL) through Byrna’s website. The Trade-Up Credit is non-transferable, has no cash value, may be applied only to a single qualifying purchase, may not be redeemed for cash, and is subject to any expiration date and other conditions stated at the time of issuance, to the extent permitted by applicable law, and to any restrictions required by applicable law. Only one Trade-Up Credit will be issued per Qualifying SD. Byrna reserves the right to decline to issue, or to void, a Trade-Up Credit obtained through fraud, misrepresentation, or violation of this Agreement.

(f) No Return; No Auto-Charge. If you do not return an SD within the Return Window, you will simply receive no Trade-Up Credit; the Trade-Up Kit Fee is non-refundable; and you will have no further obligation and will incur no further charge. The Program does not include any automatic-purchase, negative-option, or recurring-charge feature.

(g) Purchase of the New Launcher. Your purchase of a New Launcher is a separate transaction completed through Byrna’s website and governed by Byrna’s standard storefront terms of sale, product warranty, age and identity verification, and shipping-restriction policies in effect at the time of purchase. Redemption of the Trade-Up Credit reduces the purchase price of the New Launcher and is subject to those terms. Nothing in this Agreement obligates Byrna to ship a New Launcher to any jurisdiction to which Byrna does not ship the applicable model, or to any person who does not satisfy the conditions of sale at checkout.

4. Title to and Disposition of the Surrendered SD

Title to, and ownership of, the SD transfers to Byrna upon Byrna’s actual receipt of the SD (or, in the case of a return lost in transit for which the Trade-Up Credit is issued under Section 3(c), upon issuance of that credit). You represent and warrant that, upon transfer, Byrna will receive good and marketable title to the SD, free of any lien, security interest, or other encumbrance, and that you have the lawful right to transfer the SD. The surrender of your SD is final. You acknowledge that Byrna may, in its sole discretion, inspect, refurbish, recycle, destroy, render inoperable, or otherwise dispose of any surrendered SD, and that Byrna is under no obligation to return a surrendered SD to you, except as provided in the following sentence. If Byrna determines that a returned item is not a Qualifying SD under Section 3(d), Byrna will so notify you, and you may request return of the item within fourteen (14) days of that notice at your expense; if you do not timely request its return, Byrna may dispose of the item in its discretion. No Trade-Up Credit will be issued for an item that is not a Qualifying SD, and the Trade-Up Kit Fee remains non-refundable.

5. Disclaimer of Warranties

THE TRADE-UP KIT AND THE RETURN-SHIPPING SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BYRNA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE TRADE-UP KIT, THE TRADE-UP CREDIT, AND THE PROGRAM, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 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. ANY NEW LAUNCHER YOU PURCHASE IS COVERED SOLELY BY BYRNA’S STANDARD PRODUCT WARRANTY APPLICABLE TO THAT PRODUCT AT THE TIME OF SALE, WHICH IS PROVIDED UNDER THE SEPARATE TERMS OF SALE AND NOT UNDER THIS AGREEMENT.

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 HANDLING, SHIPMENT, OR MISUSE OF THE SD, 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. 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 PROGRAM EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO BYRNA UNDER THIS AGREEMENT (I.E., $19.99); PROVIDED, HOWEVER, THAT THIS LIMITATION SHALL NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, TO BYRNA’S OBLIGATION TO ISSUE A TRADE-UP CREDIT FOR A QUALIFYING SD, 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 Program; (b) your handling, storage, shipment, or use of the SD prior to its receipt by Byrna; (c) your breach of this Agreement or of any representation or warranty herein, including any breach of the title or right-to-transfer warranties in Section 4; (d) your violation of any applicable law, regulation, or ordinance; or (e) your violation of any third-party right. The foregoing indemnification shall not apply to the extent any claim arises from (i) the negligence, gross negligence, or willful misconduct of any Byrna Party, or (ii) 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 the 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. You may not settle any such matter without Byrna’s prior written consent.

8. Assumption of Risk and Safe Handling

YOU ACKNOWLEDGE THAT THE SD IS A LESS-LETHAL PERSONAL SECURITY DEVICE CAPABLE OF CAUSING SERIOUS INJURY OR DEATH IF USED IMPROPERLY. UNTIL YOUR SD IS RECEIVED BY BYRNA, YOU REMAIN RESPONSIBLE FOR ITS SAFE STORAGE, HANDLING, AND LAWFUL USE, AND YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH YOUR POSSESSION, HANDLING, AND SHIPMENT OF THE SD. 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 SD and available at www.byrna.com; (b) before packaging the SD for return, unload and clear it and remove the CO₂ cartridge, all projectiles, and all magazines in accordance with Section 3(b); (c) store the SD safely and securely, out of the reach of minors, until it is shipped; (d) never point or aim the SD at any person except in a lawful act of self-defense; and (e) comply with all applicable federal, state, and local laws governing the possession, transport, shipment, and use of the SD.

9. Compliance with Laws

You represent that, to the best of your knowledge after reasonable inquiry, you are legally permitted to own, possess, and transfer the SD, and to purchase, possess, and use the New Launcher, in your jurisdiction. You are solely responsible for determining whether your participation in the Program, your shipment and transfer of the SD, and your acquisition and use of the New Launcher comply with all applicable federal, state, and local laws, including any laws governing CO₂-powered or less-lethal devices and the shipment thereof. Byrna reserves the right to refuse participation in the Program to any person or in any jurisdiction where it determines that legal or regulatory restrictions may apply. If Byrna determines 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

Byrna does not provide a Trade-Up Kit to, issue a Trade-Up Credit to, or ship a New Launcher to, any jurisdiction in which the acquisition, possession, transfer, or use of the SD or the New Launcher is restricted or prohibited, as reflected in Byrna’s current restrictions list, available at www.byrna.com/pages/restrictions, which is incorporated herein by reference. That list sets forth Byrna’s current understanding of known state-level and local legal restrictions and business-elected shipping restrictions that may affect your ability to participate in the Program or to possess and use Byrna products. The 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 the list does not mean that no restrictions apply, and it remains your responsibility to verify whether your jurisdiction is restricted before participating. The state-specific restrictions, projectile limitations, and shipping prohibitions that apply to Byrna launchers generally also apply to the SD and the New Launcher under this Program.

Eligibility to participate in the Program, and to redeem a Trade-Up Credit, is limited to Participants who satisfy the requirements of Section 1(b) and who are located in, and who ship to and from, jurisdictions to which Byrna ships the SD and the applicable New Launcher. Redemption of a Trade-Up Credit requires the Participant to satisfy all conditions of sale (including age and identity verification and jurisdictional eligibility) in effect at the time of the New Launcher purchase. Byrna will not provide Program materials to, accept an SD from, issue a Trade-Up Credit to, or ship a New Launcher to, any person or any jurisdiction that does not satisfy these requirements, and Byrna reserves the right to decline participation or redemption on that basis.

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 SOLELY WITH RESPECT TO THAT CONFLICTING PROVISION.

11. Privacy

By participating in the Program, you consent to Byrna’s collection and use of your personal information in connection with the 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 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), shipping information, and information about the surrendered SD (including its serial number). This information is used to administer the Program, process payments, shipments, and credits, verify eligibility, 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 info@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 Program, the SD, or the Trade-Up Credit 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, 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 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 Program materials, 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.), 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, and the restrictions list incorporated by reference in Section 10, constitutes the entire agreement between you and Byrna with respect to the Program and supersedes all prior and contemporaneous agreements, representations, warranties, and understandings, whether oral or written, relating to the subject matter hereof. Your separate purchase of a New Launcher is governed by Byrna’s standard storefront terms of sale, as provided in Section 3(g). 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 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 provide Trade-Up Kits, receive SDs, or issue Trade-Up Credits, Byrna will notify affected Participants and make reasonable efforts to extend the Return Window or otherwise accommodate affected Participants as appropriate. If a force majeure event permanently prevents Byrna from making the Trade-Up Kit available to you or from receiving your SD, Byrna will refund the Trade-Up Kit Fee in full within ten (10) business days of Byrna’s determination that fulfillment is not possible.

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 information set forth in or incorporated by reference into 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 Program, including order confirmations, shipping notifications, return instructions, credit-issuance notices, 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 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 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 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 AND CLASS ACTION WAIVER IN SECTION 12.

IMPORTANT: HOW TRADE UP, GEAR UP WORKS:

YOU PAY A ONE-TIME, NON-REFUNDABLE $19.99 TRADE-UP KIT FEE AND RECEIVE A PREPAID RETURN LABEL. THERE IS NO OTHER CHARGE AND NO AUTOMATIC CHARGE. IF YOU SHIP YOUR SD TO BYRNA WITHIN 30 DAYS AND IT IS A QUALIFYING SD, BYRNA ISSUES YOU A ONE-TIME $150.00 CREDIT TOWARD A NEW CL OR CL-XL. IF YOU DO NOT RETURN AN SD, YOU SIMPLY RECEIVE NO CREDIT; THE $19.99 IS NOT REFUNDED; AND NOTHING FURTHER IS CHARGED. WHEN YOU SHIP YOUR SD, DO NOT INCLUDE THE CO₂ CARTRIDGE, ANY PROJECTILES OR AMMUNITION, OR ANY ACCESSORIES — RETURN THE LAUNCHER UNIT ONLY.

I AGREE

I DO NOT AGREE

Last Updated: July 28, 2026