Last updated: MON01DEC25

TapHeartifact (“we”, “us”, “our”) respects your privacy. This Privacy Policy explains how we collect, use, share and protect your personal information when you visit or make a purchase on https://tapheartifact.com (the “Site”), or otherwise interact with us. If you do not agree with the practices described below, please do not use the Site or provide personal information.

1. What information we collect

We may collect the following types of personal information from you:

• Contact information: name, email address, phone number, shipping & billing address.
  
• Payment information: for processing orders (via payment processors). We do not store raw payment card details ourselves (payment is handled securely via third-party payment processors).
  
• Order information: products purchased, order date, delivery preferences, order history.
  
• Device & usage data: IP address, browser type, device type, pages visited, cookies and other tracking data, time and date of visits, behaviour on the Site.
  
• Marketing & communications data: if you sign up to newsletters, provide consent or opt-in to communications.
  

2. How and why we use your information

We use the collected personal data for the following purposes:

• To process and fulfil your orders (billing, shipping, delivery, customer support).
  
• To communicate with you about your orders, shipping status, customer service, returns/refunds, and other transactional matters.
  
• To operate, maintain, and improve the Site - including analytics, fraud detection, security, and Site functionality.
  
• To comply with legal and regulatory obligations.
  
• If you opt in: to send you marketing communications, newsletters, promotions, or updates about products and offers.
  

We only use data for the purposes described at or before the time of collection, unless we notify you and obtain consent for other uses.

3. Disclosure of your information / Third parties

We may share your personal information with:

• Service providers involved in order fulfilment, payment processing, shipping, delivery, mailing, and logistics.
  
• Third-party apps or platforms used for analytics, marketing, advertising, or site-functionality (e.g. tracking cookies, remarketing, email marketing tools).
  
• Legal and compliance purposes when required by law, or to protect our rights and the rights of users.
  
• Business transfers: if we re-organise, sell, merge, or transfer part or all of our business, your personal information may be transferred subject to confidentiality obligations.
  

We will not “sell” personal information in a manner defined under applicable privacy laws.

4. Cookies, tracking & marketing technologies

We, and third-party partners, may use cookies, web beacons, analytics tools, or similar tracking technologies to collect data about how you interact with the Site (pages visited, time spent, referral information, device/browser data, etc.). This helps us operate the Site, improve Site performance, analyse traffic, and - if you consent - personalise content or marketing.

If you do not wish to accept tracking cookies, you may manage or reject cookies via your browser settings (or if we provide a consent management option at the Site).

5. Data security & storage

We take commercially reasonable steps to protect your personal data from unauthorised access, loss, misuse or unlawful disclosure. This includes secure servers, encryption (where applicable), and limiting data access to authorised persons.

However, no online transmission or storage is 100% secure - while we strive to protect your data, we cannot guarantee absolute security.

6. Your rights

Depending on where you live, you may have rights over your personal data, including the right to:

• Access the personal data we hold about you.
  
• Request correction or update of inaccurate data.
  
• Request deletion or de-identification of your personal data (to the extent permitted by law).
  
• Withdraw consent for data uses (e.g. marketing) where consent was given.
  
• Object to or restrict certain data processing.
  

To exercise these rights, please contact us (see “Contact Information” below).

7. Children and minors

Our Site is intended for use by adults (18+). We do not knowingly collect personal information from minors. If we become aware we have collected data from a minor without parental consent, we will take steps to delete that data.

8. Changes to this Privacy Policy

We may update this Privacy Policy from time to time (for example, to reflect changes in our practices or legal regulations). When we do, we will update the “Last updated” date at the top. We encourage you to review this policy periodically.

If we make material changes, we may notify users by email (if you provided your email) or by posting a prominent notice on our Site.

9. Contact information

If you have any questions, requests, or complaints about your privacy or this policy - including requests to access/update your data or withdraw consent - you can contact us using the button below:

Last updated: MON01DEC25

Overview

This website is operated by TapHeartifact (“TapHeartifact”, “we”, “us”, or “our”). Throughout the site, the terms “we”, “us”, and “our” refer to TapHeartifact. We offer this website, including all information, tools, and services available from it, to you - the user - conditioned upon your acceptance of all terms, conditions, policies, and notices stated here (the “Terms”).

By visiting our Site and/or purchasing something from us, you engage in our Service and agree to be bound by these Terms. These Terms apply to all users of the Site, including browsers, customers, merchants, and contributors of content.

If you do not agree to these Terms, you may not access the Site or use any Service.

We reserve the right to update, modify, or replace any part of these Terms by posting changes to the Site. Your continued use of the Site following posted updates constitutes acceptance of those updates.

Our online store is hosted through Shopify Inc., which provides the e-commerce platform enabling us to sell products and services to you.

1. Online Store Terms

By using our Service, you confirm you are at least the age of majority in your region or have given consent for minors under your care to use the Site.

You may not use our products for any unlawful or prohibited purpose, nor violate local, national, or international laws. You must not transmit malware, viruses, or harmful code. Any breach results in immediate termination of access.

2. General Conditions

We reserve the right to refuse service to anyone at any time for any reason.

You understand some non-payment data may be transferred unencrypted over networks.

You agree not to reproduce, copy, sell, or exploit any part of the Service without written permission.

3. Accuracy, Completeness & Timeliness of Information

We do not warrant that information available on the Site is accurate, complete, or current. Content is for general informational purposes only and should not be relied upon exclusively for decision-making.

4. Modifications to the Service & Prices

Prices and product availability are subject to change without notice.

We shall not be liable for modification, suspension, or discontinuation of the Service.

5. Products

Products may be available exclusively online and may have limited quantities. All sales are subject to our Refund & Returns Policy.

We make reasonable efforts to display images and colours accurately, but we cannot guarantee that your device displays them correctly.

We reserve the right to limit product sales by customer, region, or order, and to discontinue or change products at any time.

6. Accuracy of Billing & Account Information

We reserve the right to refuse, limit, or cancel orders at our discretion, including those placed under the same customer account, card, or address.

You agree to provide accurate, current, and complete order and account information, and to promptly update details as required.

7. Optional Third-Party Tools

We may provide access to third-party tools “as is” without warranties or endorsements.

Use of optional tools is entirely at your own risk, and you should review applicable third-party terms.

8. Third-Party Links

We are not responsible for third-party websites, materials, or transactions. Please review third-party policies before engaging.

9. User Comments, Feedback & Submissions

If you send ideas, suggestions, proposals, or materials, you agree that we may use them without restriction or compensation.

You are solely responsible for comments and their legality, accuracy, and impact.

10. Personal Information

Your submission of personal information is governed by our Privacy Policy.

11. Errors, Inaccuracies & Omissions

We reserve the right to correct errors or inaccuracies at any time and to modify or cancel orders affected by them.

12. Prohibited Uses

You may not use the Site or its content for:

• Illegal, fraudulent, or harmful purposes
  
• Harassment, abuse, defamation, discrimination, or violations of rights
  
• Interfering with security features or Site functionality
  
• Uploading viruses or harmful code
  
• Collecting information for unsolicited messages
  
• Any activity damaging to TapHeartifact or third-parties
  

13. Disclaimer of Warranties & Limitation of Liability

The Site and products are provided “as is” and “as available” without warranties of any kind.

To the fullest extent permitted by law, TapHeartifact and its team are not liable for any direct, indirect, incidental, punitive, or consequential damages arising from use of the Service, products, or Site functionality.

14. Indemnification

You agree to indemnify and hold harmless TapHeartifact, its employees, directors, and affiliates from any claims or damages arising from your breach of these Terms or violation of any law or rights.

15. Severability

If any section of these Terms is held unlawful or unenforceable, the remainder continues to apply.

16. Termination

These Terms remain effective unless terminated by either party. We may terminate access immediately if you breach these Terms.

17. Entire Agreement

These Terms, along with referenced policies, constitute the complete agreement between you and TapHeartifact.

18. Governing Law

These Terms are governed by the laws of Australia. Any disputes will be resolved in the courts of South Australia, unless otherwise required by law.

19. Changes to Terms

Revised Terms will be posted to the Site with an updated date. Continued use constitutes acceptance.

Contact Information

Questions about these Terms should be enquired through the contact button below:

Terms of Use - Heartifact Technology & Software

Last Updated: MON01DEC25

These Terms of Use (“Terms”) apply to your use of Heartifact physical NFC tags and the digital platform, mobile web app, and online services accessible via https://tapheartifact.com, or any related subdomains (collectively, the “Service”). By purchasing, activating, or using a Heartifact product or by uploading, accessing, or interacting with digital content stored through the Service, you agree to be bound by these Terms.

If you do not agree to these Terms, you must discontinue use of Heartifact products and services immediately.

These Terms operate alongside our Privacy Policy and Terms of Service.

1. Definitions

• Heartifact / We / Us / Our refers to [Insert business/legal trading name].
  
• User / You / Your refers to individuals or entities using the Service.
  
• Heartifact Tag refers to our NFC-enabled physical product.
  
• Content refers to photos, videos, audio, text, or other media you upload.
  
• Service includes the app, website, associated software, storage, and connected systems.
  

2. Intended Use of Heartifacts

Heartifacts are intended for personal memory storage and sharing. The physical tag uses NFC technology to open a digital memory page when tapped by supported devices.

We do not guarantee compatibility with all devices, operating systems, future updates, or environments. Technology, standards, and device hardware may change, which could affect performance.

Heartifacts are designed to last up to 10 years, however this is not a guarantee and does not constitute a warranty of durability or performance beyond reasonable product expectations.

3. Warranty & Returns

1-Year Limited Replacement Warranty

If the physical Heartifact tag is faulty due to manufacturing defects within 12 months of purchase, we will replace it with an identical item at no cost.

No Refunds

We do not provide refunds under any circumstance except where required under applicable consumer protection laws.

Exclusions

The following are not covered by warranty:

• Tags that have been damaged, broken, cracked, scratched, split, bent, heat-exposed, water-damaged, or deliberately altered.
  
• Improper installation or misuse, including adhesives, removal, or relocation.
  
• Failures caused by incompatible or malfunctioning devices used to scan the tag.
  
• Network failures, cloud system outages, or third-party service disruptions.
  

Users are solely responsible for proper handling and care of their Heartifact tags.

Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). You are entitled to a replacement or refund for a major failure and compensation for any reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

4. Digital Content Storage, Access & Risk

Content uploaded to Heartifact is stored on third-party infrastructure, including Firebase cloud storage, which is owned and operated by Google LLC. By using the Service, you acknowledge that:

• No online storage system is 100% secure or guaranteed to be permanently available.
  
• Outages, errors, hacking, or corruption may occur.
  
• We are not liable for permanent or temporary data loss.
  

You are responsible for keeping personal backups of any important media.

5. Access to Uploaded Content

You retain full copyright ownership of your uploaded content.

By using the Service, you grant us a non-exclusive, royalty-free, worldwide license to:

• Store, host, copy, and process your content for platform operation
  
• Analyse anonymised and aggregated data for product improvement, feature development, security, and analytics
  
• Automate system backups and media delivery
  

We will not publicly display, publish, or share your identifiable content (including videos, images, or personal information) without your explicit written authorisation.

We reserve the right to remove or restrict content that:

• Violates laws or rights, including copyright and privacy
  
• Contains hate speech, abuse, harassment, or illegal activity
  
• Is harmful, pornographic, violent, or unsafe
  

6. Public vs Private Content

Users can designate uploaded memories as:

• Public — viewable by anyone who taps or is granted access
  
• Private — requiring access permissions such as a passcode
  

We are not responsible for unauthorised access caused by:

• Device sharing
  
• Password compromise
  
• NFC forwarding or duplication
  
• Third-party security failures
  

Absolute privacy cannot be guaranteed.

7. Platform Evolution & Feature Expansion

By agreeing to these Terms, you acknowledge that Heartifact may introduce new features including:

• Galleries or community-viewable areas
  
• Sharing tools enabling public or social posting
  
• Memory collaboration, editing tools, and video creation
  

If these features involve broader use of your content, explicit consent will be requested beforehand.

8. Limitation of Liability

To the fullest extent permitted by law, Heartifact is not liable for:

• Loss of uploaded content
  
• Incompatibility with devices or operating systems
  
• Failure of NFC performance
  
• Cloud or network outages
  
• Indirect, incidental, or consequential damages
  
• Personal or emotional loss arising from inaccessible memories
  

Total liability is limited to the original purchase amount of the affected product.

9. Governing Law

These Terms are governed by:

• The laws of Australia, for customers residing in Australia
  
• The applicable laws of the user’s local jurisdiction, for international customers
  

Any disputes must be resolved in courts located in South Australia, unless otherwise required by law.

10. Changes to Terms

We may update or revise these Terms at any time. Continued use constitutes acceptance.

Material changes may be communicated via email or site notice.

11. Contact

For product support or warranty submissions, please use the contact us button provided below:

Last updated: MON01DEC25

This Refunds & Returns Policy applies to all purchases made through https://tapheartifact.com or any related sales channels operated by TapHeartifact (“we”, “us”, “our”). By placing an order, you agree to the terms below.

Change of Mind

We do not offer refunds, exchanges, or returns for change-of-mind, including situations where:

• You ordered the wrong quantity or colour
  
• You changed your preference after delivery
  
• You no longer want or need the product
  
• You expected functionality not explicitly stated on our website
  

Once an order has been placed, all sales are final.

Our 1-Year Limited Replacement Warranty

Heartifact physical tags include a 1-year limited replacement warranty covering manufacturing defects only.

If your Heartifact tag is defective due to manufacturing faults within 12 months of delivery, we will replace it with the same product at no cost (no refunds).

To make a warranty claim, you must provide:

• Order email or receipt
  
• Photos or video showing the fault
  
• Description of the issue
  
• Proof that the tag has not been tampered with or physically damaged
  

We may require return of the faulty item for inspection.

Warranty Exclusions

The following situations are not covered, and will not qualify for replacement or refund:

• Damage caused by misuse, drops, bending, splitting, cracking, cutting, abrasion, heat exposure, chemical cleaners, or water
  
• Improper installation (adhesive removal, re-application, relocation)
  
• Damage caused by attaching Heartifact to unsuitable surfaces
  
• Devices unable to read NFC due to incompatibility, hardware faults, operating system changes, or protective cases
  
• Damage or loss due to third-party services, apps, or network connectivity (Internet, mobile networks, cloud outages)
  
• Deliberate tampering, modification, or attempt to open the internal chip
  

Users are responsible for safe handling and correct application.

Faulty or Damaged on Arrival

If your item is damaged or defective upon arrival, contact us within 7 days of receiving your order.

If the claim is approved, we will ship a replacement free of charge. We do not provide refunds.

Loss of Digital Content / Data

We use third-party cloud storage (including Firebase provided by Google LLC). While we take reasonable steps to protect uploaded content:

• We do not guarantee permanent access or storage
  
• We are not responsible for data loss, corruption, deletion, system outages, or unauthorised access through external factors
  

We strongly recommend keeping a personal backup of any important media files.

No refunds will be provided for loss of uploaded content.

International Orders

International customers are responsible for any customs duties, taxes, or import fees. We do not refund:

• Delays caused by customs
  
• Deliveries refused or unclaimed
  
• Incorrect shipping information provided by the customer
  

Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law (ACL).

You are entitled to:

• A replacement or refund for a major failure, and
  
• Compensation for any reasonably foreseeable loss or damage
  

If the failure is not major, we may choose to repair, replace, or refund at our discretion.

This policy does not limit any rights under ACL.

Returns Process

To submit a warranty or return request, contact us through the button below.

Shipping Fees for Returns

For approved warranty replacements:

• Return shipping may be required
  
• Replacements are shipped free of charge
  

Shipping costs for non-approved claims will be the responsibility of the customer.

Contact Details

For questions or return requests, please use the contact us button provided and follow the prompts:

Last updated: MON01DEC25

Processing & Handling Time

Orders are typically processed within 1–3 business days. During high-volume periods, processing times may be extended.

You will receive an email confirmation once your order has been dispatched.

Shipping Timeframes

Delivery times vary based on location. Standard estimated delivery:

• Australia: 3–7 business days
  
• International: 7–21 business days depending on customs clearance and carrier delays
  

These timeframes are estimates only.

Shipping may take longer due to:

• Carrier delays, lost packages, or sorting issues
  
• Customs inspection or international border delays
  
• Holidays or unexpected logistics disruptions
  

We are not responsible for courier delays outside our control.

Tracking

If tracking is available, it will be sent via email once shipped. Not all regions provide tracking visibility.

Incorrect Address or Delivery Failure

Customers are responsible for providing accurate shipping details. We are not responsible for deliveries lost due to incorrect addresses or unclaimed packages.

If an item is returned to sender due to incorrect address or failure to collect, reshipping costs may apply.

Lost, Damaged, or Missing Shipments

If your order is missing or arrives damaged, contact us within 7 days of delivery with supporting evidence.

Approved claims will be handled under our Refunds & Returns Policy.

International Customs & Duties

International orders may incur import taxes, VAT, or customs fees. These are the responsibility of the customer and are not included in the product price or shipping costs.

We do not issue refunds for delayed customs release or refusal to pay import fees.

Contact

For shipping assistance, please use the contact us button provided below and follow the prompts: