Terms of Service

Effective date: September 18, 2026

TERMS OF USE AND CONDITIONS OF SALE

Overview

IMPORTANT: PLEASE READ THESE TERMS OF SERVICE AND CONDITIONS OF SALE (“TERMS”) CAREFULLY BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR WEBSITE. THESE TERMS INCLUDE DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, MANDATORY INDIVIDUAL ARBITRATION, AND A CLASS-ACTION WAIVER.

These Terms govern your use of ispypens.com, including its subdomains, affiliated web pages, and any related digital services (collectively, the “Website”). The Website is owned and operated by Personal Security Products LLC under the iSpyPens brand (“iSpyPens,” “Company,” “we,” “our,” or “us”).

By accessing or using the Website or placing an order, you agree to these Terms and all policies incorporated by reference. If you do not agree, do not use the Website.

SECTION 15 REQUIRES MOST DISPUTES TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDES A CLASS-ACTION AND JURY-TRIAL WAIVER, UNLESS YOU TIMELY OPT OUT. PLEASE REVIEW THAT SECTION CAREFULLY.

We may update these Terms by posting a revised version on this page. Material changes will apply prospectively from their stated effective date. Your continued use of the Website after the revised Terms become effective constitutes acceptance of those changes.

1. Website Use

By using the Website, you represent that you are at least the age of majority in your state or province of residence and have the legal capacity to enter into a binding agreement. You may not use the Website if applicable law prohibits you from doing so.

2. Privacy

Our Privacy Policy, as published on the Website, describes how we collect, use, and disclose personal information and is incorporated into these Terms by reference.

3. General Conditions and Prohibited Conduct

The Website and its content are protected by U.S. and international intellectual-property laws. Accessing or using the Website does not give you ownership of any content or intellectual-property rights.

You agree not to:

  • use the Website or our products for an unlawful or unauthorized purpose;
  • violate any applicable international, federal, state, provincial, or local law;
  • infringe our rights or the rights of any third party;
  • submit false, misleading, abusive, defamatory, obscene, discriminatory, or otherwise unlawful material;
  • upload malware, viruses, or other harmful code;
  • collect or track another person's personal information without authorization;
  • interfere with the Website, its security features, or another person's use of it;
  • use automated means to scrape, crawl, or access the Website except as authorized by us; or
  • attempt to gain unauthorized access to any account, system, or network; or
  • use any product purchased from us to record, monitor, intercept, harass, stalk, threaten, exploit, or invade another person's privacy in violation of applicable law or without any notice or consent required by law.

We may suspend or terminate access to the Website if we reasonably believe these Terms have been violated or if needed to protect the Website, iSpyPens, our customers, or third parties.

4. Personal Use and Resale

Unless we agree otherwise in writing, products purchased through the Website are for personal, non-commercial use. You may not resell, redistribute, modify, or export products in violation of law or through unauthorized channels. We may limit or cancel orders that appear to be placed by dealers, resellers, or distributors. Approved wholesale customers are governed by their separate written terms with us.

5. Accuracy of Information

We try to keep Website information accurate and current, but product descriptions, prices, promotions, shipping charges, transit times, availability, images, and other content may contain errors or omissions. We may correct errors, update information, or cancel affected orders at any time, including after an order is submitted. If we cancel an order after payment, we will refund the amount charged for the canceled item.

Product colors and appearance may vary based on displays, lighting, and manufacturing tolerances. Historical content is provided for reference and may not be current.

6. Website and Price Changes

We may modify, suspend, or discontinue all or part of the Website without notice. Product offerings, descriptions, prices, promotions, and availability may change at any time. An offer is void where prohibited.

7. Payment

Unless otherwise shown at checkout, charges are stated in U.S. dollars. By submitting payment information, you represent that you are authorized to use the payment method, the information is accurate, and sufficient funds or credit are available.

Payments may be processed by third-party providers subject to their terms. Your issuer may provide updated account information to keep a payment method current. We are not responsible for fees imposed by your bank, issuer, or payment provider. If a charge is reversed or rejected, we may cancel the order or seek payment through another lawful method.

8. Orders and Acceptance

An order confirmation acknowledges receipt of your order but does not mean we have accepted it. Acceptance occurs when we ship the product or otherwise expressly confirm acceptance. We may reject, limit, or cancel an order for lawful reasons, including suspected fraud, pricing errors, product unavailability, or unauthorized resale. If we cancel after payment, we will refund the canceled amount to the original payment method.

9. Shipping

Available shipping methods, charges, and estimated delivery times appear at checkout and in our Shipping Policy. Published delivery times are estimates, not guarantees, and may be affected by inventory, carriers, weather, holidays, address issues, lithium-battery transportation rules, customs, or events beyond our control.

You are responsible for providing an accurate shipping address and contact information. If you notice an error, contact us promptly at support@ispypens.com or (813) 686-7288. We will try to help, but we cannot guarantee changes or cancellation after an order enters fulfillment.

10. Delivery Confirmation

To the extent permitted by law, carrier confirmation at the shipping address supplied with the order is evidence of delivery. This provision does not limit rights that cannot lawfully be waived or any approved carrier claim.

11. Returns, Refunds, and Product Guarantees

Returns and refunds are governed by the policy in effect when you place your order and shown in our Terms of Purchase. Unless a different rule is stated at purchase, you may contact Customer Care within 30 days after the carrier-reported delivery date to request a return under our satisfaction guarantee. Products must be received and processed by our returns center before a refund is issued.

Returns must be securely packaged and sent with valid tracking to the authorized return address. Unauthorized, incomplete, damaged, altered, or late returns may be refused to the extent permitted by law. Shipping and handling charges are generally nonrefundable. The currently published policy permits a 10% restocking fee when merchandise is not returned in its original condition and waives that fee when the product is deemed defective. Refund posting time varies by financial institution.

iSpyPens offers a limited product warranty covering qualifying material or workmanship defects for the original purchaser and current owner of products purchased through authorized channels. Warranty service may consist of repair or replacement of the product or a defective component, at our discretion, with an available model, version, color, or style. Warranty coverage does not extend to misuse, unauthorized modification or repair, accidental damage, improper storage, or deterioration beyond normal wear. The product must generally be located in the United States when warranty service is requested.

The duration, exclusions, and procedures stated in the warranty policy in effect at purchase control. Because the current Website contains inconsistent warranty periods, customers should retain their receipt and the warranty terms supplied or displayed at the time of purchase. Nothing in this section limits non-waivable statutory warranty rights.

12. Social Media

Our social-media pages may be hosted by third-party platforms that we do not control. Those platforms have their own terms and privacy practices. User comments are the views of their authors and do not necessarily reflect iSpyPens's views. We may moderate content on our pages but are not obligated to monitor all user activity.

13. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” iSpyPens DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES REGARDING THE WEBSITE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND SECURITY.

PRODUCT WARRANTIES, IF ANY, ARE LIMITED TO THOSE EXPRESSLY PROVIDED WITH THE PRODUCT OR IN OUR PUBLISHED WARRANTY POLICIES. YOU ARE RESPONSIBLE FOR USING PRODUCTS ONLY FOR LAWFUL PURPOSES, FOLLOWING ALL INSTRUCTIONS, MAINTAINING DATA BACKUPS, AND DETERMINING WHETHER RECORDING OR MONITORING IS LEGAL IN THE APPLICABLE JURISDICTION. WE DO NOT WARRANT THAT RECORDINGS WILL BE ADMISSIBLE IN ANY PROCEEDING OR THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

Some jurisdictions do not permit certain disclaimers, so portions of this section may not apply to you.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, iSpyPens, PERSONAL SECURITY PRODUCTS LLC, THEIR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, DATA, RECORDINGS, USE, OR GOODWILL; OR THE COST OF SUBSTITUTE GOODS OR SERVICES ARISING FROM OR RELATED TO THE WEBSITE, THESE TERMS, OR PRODUCTS PURCHASED THROUGH THE WEBSITE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE WEBSITE, THESE TERMS, OR A PRODUCT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO iSpyPens FOR THE PRODUCT OR TRANSACTION GIVING RISE TO THE CLAIM OR (B) US$500.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including applicable rights for personal injury, product liability, fraud, gross negligence, willful misconduct, or statutory consumer protections. You are responsible for maintaining separate backups of important recordings and data.

14A. Lawful Use of Recording Products

Recording, surveillance, privacy, wiretap, workplace, school, and consent laws vary by jurisdiction and circumstance. Some locations require the consent of every recorded person, prohibit recording in places where a person has a reasonable expectation of privacy, or impose special rules for audio recording.

We do not provide legal advice and do not represent that a product may lawfully be used in every location or circumstance. Before purchasing, possessing, installing, or using a product, you must determine and comply with all applicable federal, state, local, and international laws and obtain all required notices, permissions, and consents. Consult a qualified attorney when uncertain.

You may not use a product for unlawful interception, voyeurism, stalking, harassment, blackmail, discrimination, intellectual-property theft, or any other unlawful or harmful purpose. Products are offered for legitimate purposes such as personal safety, property protection, authorized documentation, training, and accountability. We may refuse or cancel an order or terminate access when we reasonably suspect unlawful or prohibited use.

15. Dispute Resolution; Mandatory Individual Arbitration; Class-Action and Jury-Trial Waiver

PLEASE READ THIS ENTIRE SECTION CAREFULLY. IT MATERIALLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, HAVE A JURY HEAR YOUR CLAIMS, AND PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

15.1 Mandatory Informal Dispute Resolution (30-Day Cure Period)

Before asserting any claim, demand, or action against Personal Security Products LLC (together with its brands, including VeriPen and iSpyPens, successors, affiliates, officers, directors, members, and agents, collectively "Company," "we," "our," or "us"), you and the Company agree to first attempt to resolve the dispute informally in good faith for at least thirty (30) days.

To initiate this process, the claimant must send an individualized written Notice of Dispute by certified mail to:

Personal Security Products LLC

Attn: Legal Department

107 N. 11th Street, Suite 446

Tampa, FL 33602

With an electronic copy sent via email to: support@getveripen.com

The Notice of Dispute must include: (a) the claimant's full legal name, telephone number, mailing address, and email address; (b) the relevant order number, transaction date, or account details (if applicable); (c) a detailed narrative of the specific facts and statutory or legal theories underlying the dispute; and (d) a clear calculation of the specific monetary or injunctive relief demanded.

The 30-day informal negotiation period begins on the date the physical notice is received. Neither party may commence arbitration or formal court proceedings until this 30-day informal period expires. This requirement does not apply to claims seeking emergency preliminary injunctive relief regarding the alleged infringement, misappropriation, or misuse of intellectual property, trademarks, or trade secrets.

15.2 Agreement to Binding Individual Arbitration

Except for qualifying claims properly brought in a small-claims court of competent jurisdiction on an individual basis, or actions seeking immediate injunctive relief solely for intellectual property infringement:

  • Any claim, controversy, or dispute arising out of or relating to these Terms, our Privacy Policy, our Lawful Use Policy, your use of the website (getveripen.com, ispypens.com, or any related domains), our marketing, advertising, or communications practices (including claims under the Telephone Consumer Protection Act, CAN-SPAM Act, or state consumer protection statutes), wiretapping, pen register, or privacy-tracking claims (including under the California Invasion of Privacy Act or state surveillance laws), or any products or services sold or distributed by the Company, shall be resolved exclusively through final and binding individual arbitration, rather than in a court of general jurisdiction.

  • The Federal Arbitration Act (FAA), 9 U.S.C. §§ 1–16, governs the interpretation, scope, and enforcement of this arbitration agreement.

  • The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect, except as modified by these Terms. If the AAA is unavailable or unwilling to administer the arbitration consistent with this Section, the parties shall mutually select an alternative neutral arbitration provider.

  • The arbitration shall be conducted before a single neutral arbitrator. The arbitrator may award individual relief, declaratory judgments, or monetary damages available under applicable statutory or common law, but shall have no authority to award relief for or against any person or entity not a named party to the proceeding.

  • Unless both parties agree otherwise, arbitration hearings will take place remotely via videoconference or teleconference, except where in-person attendance is mandated by applicable AAA consumer rules in the county where you reside.

15.3 Mutual Class-Action and Jury-Trial Waiver

YOU AND THE COMPANY MUTUALLY WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NEVER AS A PLAINTIFF, REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE PROCEEDING, MASS ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE LAWSUIT.

The arbitrator is expressly barred from consolidating, joining, or coordinating claims of different individuals, and shall not preside over any form of representative or class proceeding. If a final judicial determination finds that this Class-Action Waiver is unenforceable as to a particular claim or remedy (such as an indivisible request for public injunctive relief), then only that specific claim or remedy shall be severed and litigated in the designated state or federal courts in Florida, while all remaining claims and remedies remain subject to binding individual arbitration.

15.4 Mass Arbitration Protocol

To ensure efficient administration and protect all parties from disproportionate procedural costs, if twenty-five (25) or more similar arbitration demands are asserted against the Company by or with the assistance of the same law firm, coordinating group of law firms, or sponsoring organization within a ninety (90) day period:

  1. Batching: Demands shall be administered in successive batches of twenty-five (25) individual claims at a time.

  2. Sequential Administration: The AAA shall assign a single arbitrator to each batch, and only those twenty-five (25) claims within the active batch shall proceed to scheduling, preliminary hearings, fee assessments, and determination.

  3. Fee Suspensions: No arbitration provider fees, filing fees, or arbitrator compensation shall be assessed against or due from the Company for any claims in subsequent batches until the active batch has concluded through final award, withdrawal, or settlement.

  4. Tolling of Limitations: Any applicable statutes of limitations and filing fee deadlines for remaining claimants waiting in the queue shall be tolled throughout the duration of this staged batching process.

  5. Enforceability: A court of competent jurisdiction shall have the sole authority to enforce this sub-section and may enjoin the filing or administration of arbitrations commenced in violation of this batching protocol.

15.5 30-Day Opt-Out Mechanism

You have the right to opt out of the agreement to arbitrate set forth in this Section 15 by mailing a formal written opt-out notice within thirty (30) days of your initial purchase or first use of the website, whichever is earlier.

The opt-out notice must be sent via first-class or certified mail to:

Personal Security Products LLC

Attn: Arbitration Opt-Out

107 N. 11th Street, Suite 446

Tampa, FL 33602

To be valid, the opt-out notice must include: (a) your full legal name; (b) your physical mailing address; (c) the email address associated with your purchase or site interaction; (d) the order number or date of purchase (if applicable); and (e) an unequivocal statement indicating that you reject the arbitration agreement contained in these Terms.

Opting out of arbitration will not alter or affect your underlying purchases, warranties, or the remainder of these Terms, including the Class-Action Waiver, Choice of Law, and Venue provisions.

15.6 Governing Law and Court Venue for Non-Arbitrable Disputes

These Terms, your access to our websites, transactions with our business, and any non-arbitrable disputes or litigation arising hereunder are governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law, except that the Federal Arbitration Act governs Section 15.

Subject to applicable consumer-protection laws, exclusive venue and jurisdiction for any judicial proceeding arising out of or related to these Terms, non-arbitrable claims, or the enforcement of an arbitration award will lie solely in the state courts situated in Hillsborough County, Florida, or the United States District Court for the Middle District of Florida (Tampa Division), and each party irrevocably submits to the personal jurisdiction of such courts.

16. Indemnification

To the extent permitted by law, you agree to indemnify, defend, and hold harmless iSpyPens, Personal Security Products LLC, their affiliates, and their respective officers, directors, employees, agents, contractors, licensors, service providers, suppliers, successors, and assigns from claims, liabilities, damages, judgments, losses, and reasonable costs arising from your unlawful use of the Website, your breach of these Terms, or your violation of another person's rights. This obligation does not apply to the extent a claim results from our own negligence, willful misconduct, or violation of law.

17. Third-Party Websites and Links

The Website may contain links to third-party websites or services. We do not control and are not responsible for their content, availability, security, terms, or privacy practices. Your dealings with third parties are between you and the third party.

18. Reviews and Other Submissions

If you send or post reviews, photographs, videos, ideas, comments, suggestions, or other materials (“Submissions”), you represent that you have the right to do so, that the Submission is accurate, and that it does not violate law or another person's rights.

You retain ownership of your Submission. You grant iSpyPens and its affiliates a worldwide, non-exclusive, royalty-free, transferable, sublicensable, perpetual, and irrevocable license to host, use, reproduce, modify, adapt, publish, translate, distribute, display, perform, and create derivative works from the Submission for operating, improving, and marketing our business, products, and services in any media, to the extent permitted by law. Where permitted, we may identify you by the name or username supplied with the Submission. We are not obligated to use, maintain, or compensate you for a Submission.

19. Intellectual Property and DMCA Notice

19.1 Ownership and Limited License

The Website and its text, graphics, photographs, videos, product names, logos, designs, interfaces, software, and other content (“Content”) are owned by or licensed to iSpyPens and protected by intellectual-property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access the Website and view or print Content for personal, non-commercial use.

Without written permission, you may not reproduce, modify, distribute, publicly display, sell, license, create derivative works from, scrape, frame, mirror, or commercially exploit the Website or Content. iSpyPens and related names, logos, and trade dress are trademarks of Personal Security Products LLC or its licensors. No trademark license is granted.

19.2 Copyright Complaints

If you believe content on the Website infringes your copyright, send a notice containing the information required by 17 U.S.C. § 512(c)(3) to:

Personal Security Products LLC
Attn: DMCA/Copyright Agent
107 N. 11th Street, Suite 446
Tampa, FL 33602
Email: support@ispypens.com
Telephone: (813) 686-7288

A valid notice generally must identify the copyrighted work, identify and locate the allegedly infringing material, provide your contact information, state your good-faith belief that the use is unauthorized, state under penalty of perjury that the notice is accurate and you are authorized to act, and include your physical or electronic signature.

20. Electronic Communications

You consent to receive transactional notices, disclosures, agreements, and other communications electronically. Electronic communications satisfy legal requirements that communications be in writing. Marketing communications remain subject to applicable law and the choices described in our Privacy Policy.

21. Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law, subject to applicable law.

22. No Waiver

Our failure to enforce any provision is not a waiver of that provision or any other right. A waiver is effective only if in writing and signed by an authorized representative.

23. Severability

Except as provided in Section 15, if any provision is held unlawful, void, or unenforceable, it will be enforced to the maximum extent permitted or severed, and the remaining provisions will remain in effect.

24. Termination

We may suspend or terminate Website access for a violation of these Terms or to protect legitimate business, legal, or security interests. Provisions that by their nature should survive termination—including intellectual-property, disclaimers, limitations of liability, dispute resolution, indemnification, and miscellaneous provisions—will survive.

25. Entire Agreement

These Terms and the policies incorporated by reference constitute the entire agreement between you and iSpyPens regarding the Website and Website purchases, except for any separate written agreement that expressly controls. Product-specific, checkout, wholesale, or promotional terms may supplement these Terms; if they conflict, the more specific terms control for that transaction.

26. Contact Information

Questions about these Terms or a purchase may be directed to:

Personal Security Products LLC / iSpyPens
107 N. 11th Street, Suite 446
Tampa, FL 33602
Email: support@ispypens.com
Telephone: (813) 686-7288

For authorized returns, follow the instructions provided by Customer Care. The currently published return address is:

iSpyPens Returns Processing Center
107 N 11th Street, Suite 446
Tampa, FL 33602