Terms of Service

1. Agreement to Terms

By accessing or using TapHeart (“the Service”), operated by TapHeart (“we,” “us,” or “our”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to all of these Terms, you may not access or use the Service.

We reserve the right to update these Terms at any time. Material changes will be notified via email or a prominent notice on the Service. Continued use after changes constitutes acceptance of the revised Terms.

2. Description of Service

TapHeart is a digital gifting platform that allows users to create personalized, multimedia gift pages linked to physical NFC cards. Recipients can access the digital gift by tapping the card with their phone, or by visiting a unique URL.

TapHeart is a one-time purchase product, not a subscription. A single purchase includes a physical card and a digital gift page hosted for the lifetime of the Service (as further described in Section 13). There are no recurring fees or hidden charges.

3. Account Registration

To create gift pages, you must register an account using a valid email address. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized access.

You must be at least 18 years of age to use the Service.

4. User Content

You retain ownership of all content you upload to the Service, including text, images, audio, and video (“User Content”). By uploading User Content, you grant TapHeart a non-exclusive, worldwide, royalty-free license to host, store, transmit, and display your content solely for the purpose of operating and providing the Service.

You represent and warrant that:

• You own or have the necessary rights to all User Content you upload;
• Your User Content does not infringe on any third party's intellectual property, privacy, or other rights;
• Your User Content complies with all applicable laws and these Terms.

5. Prohibited Content & Conduct

The following content is strictly prohibited on TapHeart:

• Illegal content: Any content that violates applicable laws or regulations, including but not limited to content that facilitates illegal activities, drug trafficking, fraud, or terrorism;
• Sexually explicit & pornographic content: Nudity, sexual acts, or any sexually suggestive content. This prohibition is absolute and includes artistic or educational claims. Content involving minors in any sexual context will be reported to law enforcement;
• Hate speech & discrimination: Content that promotes hatred, violence, or discrimination based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or any other protected characteristic;
• Harassment & threats: Content intended to harass, bully, intimidate, or threaten any individual;
• Violent or graphic content: Gratuitous violence, gore, or content that glorifies or incites violence;
• Intellectual property infringement: Content that infringes on any copyright, trademark, or other intellectual property right;
• Malicious content: Malware, viruses, phishing attempts, or any harmful code;
• Spam & fraud: Unsolicited commercial content, scams, or deceptive communications;
• Impersonation: Content that impersonates any person or entity or misrepresents your identity;
• Privacy violations: Sharing another person's personal information without their consent, including addresses, phone numbers, or private images.

6. Content Reporting

Recipients or viewers of gift pages may report content they believe violates these Terms using the report function available on each gift page. We will review reported content and take appropriate action, which may include content removal and account suspension.

To report content, use the report button on the gift page or contact us at abuse@tapheart.gift.

7. Physical Products

Each TapHeart card is linked to the digital Service. Once a card is activated and linked to a gift page, the digital content can be updated at any time by the gift creator.

Lost or damaged cards may be replaced through our replacement program for a fee of $24.99 per replacement card. The physical card is warranted against manufacturing defects for 30 days from the date of purchase.

The digital hosting of your gift page is not a guarantee of the physical durability or continued functionality of the NFC chip. We do not warrant that the NFC hardware will remain functional indefinitely, particularly if it has been modified, damaged, or subjected to environmental wear. In the event of NFC hardware failure, the digital gift page remains accessible via its unique URL.

8. Payments & Refunds

All payments are processed through secure third-party payment processors (Stripe). Prices are listed in USD and may be subject to applicable taxes.

Refund requests are handled on a case-by-case basis. We reserve the right to update storage limits for future purchases.

9. Intellectual Property

The Service, including its original content, features, and functionality (excluding User Content), is and remains the exclusive property of TapHeart and its licensors. The Service is protected by copyright, trademark, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written permission.

10. Limitation of Liability

To the maximum extent permitted by applicable law, TapHeart and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, profits, goodwill, or other intangible losses, resulting from:

• Your use of or inability to use the Service;
• Any unauthorized access to or use of our servers and/or any personal information stored therein;
• Any interruption or cessation of the Service;
• Any content uploaded by third parties through the Service.

In no event shall our total liability exceed the amount you have paid to us in the twelve (12) months immediately preceding the event giving rise to the claim, or fifty dollars ($50), whichever is greater.

11. Disclaimer of Warranties

The Service is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free.

12. Indemnification

You agree to indemnify, defend, and hold harmless TapHeart and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or expenses arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your User Content; or (d) your violation of any third-party rights.

13. Termination & Service Discontinuation

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

You may delete your account at any time. Upon account deletion, your gift pages will become inaccessible and your data will be deleted in accordance with our Privacy Policy.

While we intend for the Service to operate indefinitely, we reserve the right to modify or discontinue the Service (or any part thereof) at our sole discretion. In the event of a permanent discontinuation of the Service, we will provide users with at least sixty (60) days' advance notice and a reasonable means to export their User Content (including photos, videos, audio, and text). Following such export period, TapHeart shall have no further obligation to host, maintain, or preserve any User Content.

14. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Any dispute arising from these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, it shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Contact Us

If you have questions about these Terms, please contact us at: