Terms of Service

Terms of Service

Last updated: November 4, 2026

These Terms of Service ("Terms") govern your use of ophaya.com (the "Site") and any purchase you make from us through the Site. The Site is operated by Ophaya, based in San Marino, California, USA ("Ophaya," "we," "us," or "our"). By using the Site or placing an order, you agree to these Terms. If you do not agree, please do not use the Site.

These Terms work together with our Refunds Policy, Shipping Policy and Privacy Policy, which are part of these Terms.

1. Who Can Use the Site

You must be at least the age of majority where you live to place an order. Many Ophaya products are used by students and children; if you are buying for a minor, you are responsible for their use of the product and of the Ophaya app.

2. Products and Product Information

We sell Ophaya smart pens, writing sets, notebooks, LCD writing tablets, refills and accessories. We try to describe and photograph products accurately, but colors may look different on your screen, and minor variations in packaging or included accessories can occur. Ophaya smart pens work with Ophaya dot-code paper and Ophaya writing tablets; please check compatibility in the product description before you buy.

3. Orders, Pricing and Payment

  • Prices: All prices are in US dollars unless shown otherwise. Prices and availability can change without notice.
  • Order acceptance: Your order is an offer to buy. We accept it when we ship it. We may cancel or limit an order, for example if a product is out of stock, the price or description was listed in error, we suspect fraud, or the order appears to be for unauthorized resale. If we cancel an order you have paid for, we will refund you in full.
  • Errors: If we find an error in a price or description after you order, we will contact you before shipping and let you confirm or cancel.
  • Payment: Payments are processed by our payment providers. You confirm that you are authorized to use the payment method you provide.
  • Taxes and duties: Applicable sales tax, where we are required to collect it, is added at checkout. For orders shipped to Canada, import taxes, customs duties and clearance fees charged at the border are the buyer's responsibility (see our Shipping Policy).
  • Promotions: Discount codes and promotions are subject to their stated terms, have no cash value, generally cannot be combined unless stated, and may be changed or withdrawn at any time.

4. Shipping

We currently ship to the United States and Canada. Processing times, carriers and delivery estimates are described in our Shipping Policy. Delivery dates are estimates, not guarantees. Risk of loss passes to you when the carrier delivers your order. If your order is lost or damaged in transit, contact us at support@ophaya.com and we will work with you and the carrier to resolve it, which may include a replacement or refund. If tracking shows your package as delivered but you cannot find it, contact us and we will help you file a claim with the carrier; these cases are reviewed individually.

5. Returns, Refunds and Warranty

Orders placed on ophaya.com come with a 30-day risk-free guarantee, and Ophaya smart pens include a one-year limited warranty against manufacturing defects. Both are subject to the conditions in our Refunds Policy (for example, writing sets must be returned with all components, and Canadian customers pay return shipping). The full terms, including how to start a return and what the warranty covers, are in our Refunds Policy. Nothing in these Terms limits any rights you have under consumer protection laws that cannot be waived.

6. Purchases from Other Retailers

These Terms apply only to purchases made on ophaya.com. Products bought from Amazon, Walmart, TikTok Shop or any other retailer are covered by that retailer's terms and return policy. Please contact the retailer for returns on those orders.

7. Business, Wholesale and Institutional Orders

Bulk, wholesale, custom-branded and institutional orders (including purchase orders from schools and universities) are governed by the written quote, invoice or agreement we provide for that order. If that document conflicts with these Terms, the written quote, invoice or agreement controls. For business inquiries, contact sales@ophaya.com.

8. Product Safety

Ophaya smart pens contain a rechargeable lithium battery. Use only the charging cable provided or a compatible USB power source, and follow the instructions in the user manual. Keep small parts, refills and charging cables away from young children. If your pen shows signs of battery damage (swelling, leaking or overheating), stop using it, do not ship it back to us, and follow the battery safety instructions in our Refunds Policy.

9. The Ophaya App

Our smart pens work with the free Ophaya app for iOS and Android, available from the Apple App Store and Google Play. Your use of the app is also subject to the terms of the app store you downloaded it from. We may update the app from time to time, and some features may change. You are responsible for keeping backups of notes that matter to you.

10. Intellectual Property

The Site and its content, including text, product photos, videos, graphics, logos, the Ophaya name and our dot-code paper designs, are owned by Ophaya or our licensors and are protected by intellectual property laws. You may not copy, reproduce, sell or use this content for commercial purposes without our written permission. Ophaya dot-code paper may not be reproduced for resale.

11. Reviews, Comments and Feedback

If you post a review, comment, photo or other content on the Site, or send us suggestions, you confirm that it is your own, is truthful, and does not violate anyone else's rights. You give us a non-exclusive, royalty-free, worldwide license to use, reproduce, display and adapt that content in connection with our business, including in marketing. We may remove content that we believe is unlawful, offensive, misleading or otherwise violates these Terms.

12. Prohibited Uses

You agree not to use the Site to: break any law; submit false information or use another person's payment details; interfere with the Site's security or operation; upload viruses or malicious code; scrape, crawl or collect data from the Site by automated means without our permission; or harass, abuse or harm others. We may suspend or end your access to the Site if you violate these Terms.

13. Third-Party Links and Services

The Site may link to third-party websites and services, such as payment providers, carriers, app stores and video platforms. We are not responsible for their content, policies or practices. Your use of them is at your own risk and subject to their terms.

14. Disclaimer

Except for the express guarantee and limited warranty described in our Refunds Policy, the Site and our products are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not disclaim any implied warranty where the law does not allow it. We do not guarantee that the Site will be uninterrupted or error-free, or that handwriting-to-text conversion (OCR) will be perfectly accurate.

15. Limitation of Liability

To the fullest extent permitted by law, Ophaya will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data or loss of use, arising from your use of the Site or our products. Our total liability for any claim relating to a product or order will not exceed the amount you paid for that product or order. Nothing in these Terms limits our liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot be limited by law. Some jurisdictions do not allow certain limitations of liability, so some of these limits may not apply to you.

16. Indemnification

You agree to indemnify and hold Ophaya harmless from claims, losses and expenses (including reasonable attorneys' fees) arising from your violation of these Terms or of any law or third-party right.

17. Governing Law and Disputes

These Terms are governed by the laws of the State of California, USA, without regard to its conflict-of-law rules. Any dispute relating to these Terms, the Site or your purchase will be brought in the state or federal courts located in Los Angeles County, California, and you and Ophaya consent to the jurisdiction of those courts. If you have a problem with an order, please contact us first at support@ophaya.com; most issues can be resolved quickly that way. Nothing in this section prevents you from bringing an individual claim in small claims court where you live, if eligible.

18. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date at the top shows when they last changed. Changes apply to orders placed and use of the Site after the updated Terms are posted.

19. General

If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce any provision is not a waiver. These Terms, together with the policies referenced above, are the entire agreement between you and Ophaya regarding your use of the Site and purchases made on it.

20. Notice to California Residents

Under California Civil Code Section 1789.3, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

21. Contact Us

Questions about these Terms: