Terms of Service

These terms are an agreement between you and Avatar Studios (ABN 52 892 132 207), which operates SwfTap (“we”, “us”). They apply when you create an account, use the SwfTap website or app, subscribe to a plan, or order NFC hardware. By creating an account or using the service, you accept them.

Our Privacy Policy explains how we handle personal information and forms part of these terms. If you have a signed Enterprise agreement with us, that agreement takes priority where the two differ.

You must be at least 18 to create an account. If you use SwfTap for a business or organisation, you accept these terms on its behalf and confirm you are authorised to do so; “you” then includes that business.

Give us accurate details and keep them current, keep your password private, and turn on two-factor authentication if you can. You are responsible for what happens in your account. An admin of a team workspace is also responsible for the members they invite and the roles they give them. Tell us straight away through our contact form if you think someone else has got into your account.

Starter is free. Pro and Team are paid subscriptions, billed monthly or annually. Team is a flat price for a workspace of up to 5 members. Enterprise is priced by agreement. What each plan includes (QR codes, profiles, storage, NFC card links and members) is shown on our pricing page and in Billing.

All prices are in Australian dollars and include GST. We are registered for GST, and each payment comes with a tax invoice showing the GST and our ABN. Payments are processed by Stripe.

Subscriptions renew automatically. At the end of each monthly or annual period we charge the payment method on file for the next period, at the price then current, until you cancel. We will tell you at least 30 days before a price increase applies to your renewal, and you can cancel before it does.

Changing plans. Moving between Pro and Team takes effect straight away, and the difference for the rest of the period is added to or credited against your next invoice. Moving between monthly and annual billing starts a new period and is charged at once, less a credit for the unused part of the old one.

Failed payments. If a renewal payment fails, your plan keeps working while Stripe retries the card and we email you. If the payment still can’t be collected, the workspace moves to Starter, as described in section 4.

You can cancel at any time from Billing (Manage billing). Cancelling stops the next renewal; it does not end the plan early. Your paid plan stays active until the end of the period you have paid for, and then the workspace moves to Starter.

When a workspace moves to a smaller plan, nothing already published breaks. Existing QR codes and short links keep redirecting, NFC cards keep opening their profiles, and published profiles stay live. What changes is that you can’t create, publish or reactivate anything beyond the new plan’s limits until you are back under them or upgrade again. Billing shows what is over the limit.

Refunds. We don’t refund the unused part of a period when you cancel or downgrade, because you keep the paid plan until the period ends. We will refund you where the Australian Consumer Law requires it (see section 12), where we charged you in error, and in the cases set out in sections 10, 11 and 14. To ask for a refund, use our contact form.

Physical NFC cards, tags and stickers are sold separately, at the prices shown in the Shop in your account, and work on every plan. An NFC card link included in a plan is a link for a card or tag you already own; it does not include a physical card. Extra QR codes bought as a top-up are a one-off purchase that raises your workspace’s limit.

We deliver within Australia only, and the price includes shipping. Delivery times we give are estimates. The goods are yours once paid for, and are at your risk from delivery. If you order a custom design, check the proof carefully before you pay: we print what you approve, and we will reprint free of charge if we made the mistake.

Faulty goods. If an item arrives faulty, damaged or not as described, contact us and we will repair, replace or refund it as the Australian Consumer Law requires. If the problem is a major failure, you can choose a refund or a replacement.

Change of mind. You can return unused, undamaged standard items in their original packaging within 14 days of delivery for a refund of the item price. Items printed or encoded to your design can’t be returned for a change of mind. This doesn’t limit your rights for faulty goods.

A card or tag opens whatever it is assigned to in your account. If you delete the account or unassign the card, it shows a “not set up yet” page until it is assigned again.

Short links, QR codes and shared documents can be misused, so these rules matter. You must not use SwfTap to:

• •send people to phishing, malware, scam or otherwise deceptive pages, or disguise where a link really goes;
• •send spam or unsolicited commercial messages, or collect email addresses for messages people haven't agreed to receive, in breach of the Spam Act 2003 (Cth);
• •host, link to or share anything unlawful, including material that infringes someone's copyright, trade marks or privacy, or that is defamatory, harassing, threatening or exploitative;
• •impersonate a person or business, or create a profile that misleads people about who is behind it;
• •use Secure Share to distribute malware, documents you have no right to share, or someone else's personal information without a lawful basis;
• •collect personal information through lead, booking or sign-up forms without telling people who is collecting it and why, as privacy law requires;
• •scrape, crawl or enumerate profiles, links or shares, or use automated tools against the service except through features we provide for that;
• •probe, overload or interfere with the service, get around plan limits or security controls, or try to access data that isn't yours; or
• •resell or sublicense the service without our written agreement.

We check links and uploads automatically and act on reports. We may disable a link, QR code, NFC card or tag, profile, form, document or share that breaches this section, and suspend or close an account for a serious or repeated breach. Where it is safe and lawful, we will tell you first and give you a chance to fix the problem. Where a link or file is putting people at risk, we will act first and tell you afterwards.

To report misuse, use our contact form and include the link or page address.

You own the content you put into SwfTap: your links, profiles, images and documents. You give us a non-exclusive licence to host, copy, process, transmit and display that content only as needed to run the service for you, for example to serve your profile to visitors, scan an upload for malware, or deliver a document to the people you share it with. The licence ends when the content is deleted, apart from backup copies that age out as our Privacy Policy describes.

You are responsible for having the rights to everything you upload or link to. When you collect personal information from your visitors, form submitters or document recipients, you are the collector: you must tell them who you are and how you will use it, handle it lawfully, and respond to their requests. We process that information for you and as described in our Privacy Policy. That includes Secure Share engagement reports: when and where a share was opened, on what device, and how much of each document was read. Use them to follow up on what you sent, not to track people in ways they would not reasonably expect.

If you send us feedback or suggestions, we may use them to improve SwfTap without owing you anything.

We own SwfTap, its software, design and brand. These terms give you a right to use the service while your account is in good standing; they don’t transfer any of our intellectual property to you.

You can connect accounts you hold with other services, such as Google Calendar, Calendly, Mailchimp, Klaviyo, Stripe and Google Wallet. Your use of those services is governed by your agreement with each provider. When you connect one, you authorise us to send it the information needed for the feature you switched on, such as passing a booking to your calendar or a sign-up to your mailing list.

If you paste a Slack or Microsoft Teams webhook URL to get new-lead alerts, you authorise us to post each new lead’s details to that channel. You’re responsible for who can see the channel and for having a lawful basis to share those details there. Treat the URL as a password: anyone who has it can post to the channel. You can switch alerts off or remove the URL in Settings at any time.

We don’t control those services and aren’t responsible for their availability, their changes, or what they do with information once it reaches your account with them. You can disconnect a connector at any time, and we then stop sending it information.

We work to keep SwfTap available and fast, and publish uptime on our status page. We can’t promise the service will be uninterrupted or error-free, and we sometimes need to take it offline briefly for maintenance. Unless you have a signed Enterprise agreement, there is no service-level guarantee.

We improve and change features over time. If we remove a feature that is a material part of a paid plan you are on, we will give you at least 30 days’ notice, and you may cancel and receive a pro-rata refund for the unused part of your current period.

You can stop using SwfTap at any time. To delete your account, go to Settings. A workspace on a paid plan has to move to Starter first, and if you are the only admin of a team workspace you will need to make someone else an admin. Deleting an account removes its content straight away, so its QR codes, short links and profiles stop working.

We may suspend or close an account, or part of it, if you seriously or repeatedly breach these terms, if we have to by law, or if your use puts other people or the service at risk. We may also stop offering SwfTap altogether with at least 60 days’ notice, in which case we will refund the unused part of any paid period.

Your data. While your account is open you can download your account data from Settings and export your links and leads as CSV files. Before we close an account for any reason other than a serious breach or a legal requirement, we will give you a reasonable chance to export your data. After an account is closed, we delete its data as our Privacy Policy describes.

Our services and goods come with guarantees that cannot be excluded under the Australian Consumer Law, including that services are provided with due care and skill and that goods are of acceptable quality. Nothing in these terms excludes, restricts or modifies those guarantees or any other right you have that the law says can’t be excluded.

For goods, you are entitled to a replacement or refund for a major failure and compensation for any other 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. For services, you are entitled to cancel and get a refund for the unused portion for a major failure, or to have a problem fixed within a reasonable time.

Where you buy our goods or services for business use, and they are not of a kind ordinarily acquired for personal, domestic or household use, our liability for failing to meet a consumer guarantee is limited, where the law allows, to supplying the goods or services again or paying the cost of having that done.

Apart from those guarantees, and to the extent the law allows:

• •our total liability to you for all claims connected with these terms or the service is limited to the greater of the amount you paid us in the 12 months before the claim arose and A$100;
• •we are not liable for indirect or consequential loss, such as lost profits, lost revenue, lost opportunities or damage to reputation; and
• •our liability is reduced to the extent you caused or contributed to the loss, for example by not keeping your own copies of important files.

These limits don’t apply to liability that can’t lawfully be limited, such as for fraud or for death or personal injury caused by our negligence.

Indemnity. If you use SwfTap for business, you agree to cover our reasonable costs and losses from a claim by someone else that arises from your content, the way you collected or used your audience’s personal information, or your breach of section 6, except to the extent we caused or contributed to it.

We may update these terms as the service and the law change. We will change the “last updated” date above and, for a change that materially affects you, email account holders at least 30 days before it applies. If you don’t accept a material change, you can cancel before it takes effect and we will refund the unused part of your current paid period. Continuing to use SwfTap after that date means you accept the updated terms.

These terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts that hear appeals from them. If something goes wrong, please talk to us first. Most problems can be fixed quickly, and we will try in good faith to resolve any dispute before either of us goes to court.

If part of these terms is unenforceable, the rest still applies. If we don’t enforce a right straight away, we haven’t given it up. You may not transfer your account or these terms without our agreement. We may transfer them to a buyer of the business, who will be bound by them. These terms, with the Privacy Policy and any Enterprise agreement, are the whole agreement between us about SwfTap.

Questions about these terms, or a notice for us: use our contact form. We send notices to you at the email address on your account.

SwfTap is operated by Avatar Studios (ABN 52 892 132 207), New South Wales, Australia.