NFCKEY™ TERMS AND CONDITIONS

Stone Devices Sdn. Bhd. (Company Registration No. 202201038590 (1484287-D)) | Website: nfckey.com | Effective Date: September 8th, 2026 | Last Updated: September 24th, 2026

§1. INTRODUCTION AND DEFINITIONS

1.1 These Terms and Conditions (the "Terms") are a legally binding agreement between Stone Devices Sdn. Bhd. (Company No. 202201038590 (1484287-D)), a company incorporated in Malaysia with its business address at No 25, Jalan Ipark SAC 4, 81400 Senai, Johor, Malaysia ("StoneDevices", "we", "us", or "our"), and the person or entity that accesses the Site, registers an Account, or places an Order (the "Customer", "you", or "your"). StoneDevices is the seller of the Products and the producer of the finished Product. In these Terms, StoneDevices is referred to by that name throughout.

1.2 Acceptance of these Terms

1.2.1 By accessing or using the Site, registering an Account, submitting Customer Assets, or placing an Order, you confirm that you have read and understood these Terms and agree to be bound by them.

1.2.2 If you do not agree to these Terms, you must not use the Site, register an Account, or place an Order.

1.2.3 Where you access the Site or place an Order on behalf of a business, company, or other entity, you warrant that you have authority to bind that entity to these Terms, and "Customer" means that entity as well as you.

1.2.4 These Terms apply to each Order and, together with the documents listed in clause 26.1, form the entire agreement between the parties in respect of that Order. The Terms applying to an Order are those in force at the time the Order was placed, in accordance with clause 26.4.

1.3 Definitions

In these Terms, unless the context otherwise requires:

• "Account" means your registered user account on the Site.

• "Advanced Pack" means the Product sold together with branded NFCKEY accessories, including an o-ring and snap hook, specifically engineered for use with the Product.

• "Applicable Laws" means all laws, regulations, directives, and codes applicable in any relevant jurisdiction, including but not limited to the laws of Malaysia.

• "Basic Pack" means the Product sold without any accessories (keychain body only).

• "Branded Accessories" means the NFCKEY-branded o-ring and snap hook designed, tested, and manufactured to match the mechanical tolerances of the Product eyelet.

• "Confidential Information" means any non-public information disclosed by the Customer to StoneDevices in connection with an Order or a prospective Order, whether or not marked or identified as confidential, including pricing quotations, encoding data and variable-data datasets, encryption keys, unreleased artwork and design files, and specific deployment configurations. Confidential Information does not include information that is or becomes publicly available otherwise than through a breach of these Terms, that was already lawfully known to StoneDevices without obligation of confidence, that is independently developed by StoneDevices, or that StoneDevices is required to disclose by Applicable Laws.

• "Custom Design Products" means NFCKEY Products featuring a design created or uploaded by you, printed by StoneDevices, with your chosen NFC chip type.

• "Customer Assets" means any images, logos, text, data, designs, or other content uploaded or submitted by you in connection with the Site or any Product.

• "Delivery Date" means the date on which the Product is confirmed delivered to the Customer's designated shipping address, as evidenced by carrier tracking records.

• "Delivery Information" means the delivery address and contact details you provide when placing an Order.

• "Design Submission Agreement" means the written or electronic agreement accepted by the Customer confirming their design, and approving the print design, colour, and layout prior to production, for custom design orders submitted through the Site.

• "Feedback" means any suggestion, idea, comment, proposed improvement, bug report, or other input concerning the Site, the Products, or the Services that you provide to StoneDevices, other than your Customer Assets and User Content.

• "Intellectual Property Rights" means all patents, copyrights, trademarks, trade names, service marks, design rights, database rights, trade secrets, know-how, and all other intellectual property rights, whether registered or unregistered.

• "Normal Use" means use of the Product as a keychain attachment, identity token, access credential, or similar personal carry item under ordinary everyday conditions, without exposure to extremes of temperature, water immersion, chemical agents, or intentional destructive force.

• "Order" means your request to purchase Products through the Site, as confirmed by an Order Confirmation.

• "Order Confirmation" means the confirmation email sent by us containing an order number, confirming our acceptance of your Order.

• "Products" means the NFCKEY™ NFC-enabled keychains and any associated accessories offered for sale through the Site.

• "Purchase Price" means the price payable for the Products themselves, excluding applicable taxes and excluding Shipping Charges. Where these Terms refer to the total amount payable by the Customer for an Order, the expression "Purchase Price plus Shipping Charges" is used.

• "Ready-Made Design Products" means NFCKEY Products featuring pre-made designs by StoneDevices.

• "Services" means all services provided by StoneDevices in connection with the NFCKEY™ product line.

• "Shipping Charges" means the delivery fees applicable to your Order.

• "Site" means the NFCKEY website at nfckey.com, including all of its pages, subdomains, content, and ordering, account, and design-upload functionality, and any other online platform operated by StoneDevices through which the Products or Services are offered.

• "User Content" means any content, feedback, reviews, comments, designs, or other materials submitted by you through the Site.

§2. ELIGIBILITY

2.1 You must be at least eighteen (18) years of age, or the age of majority in your jurisdiction, whichever is higher, to use the Site, purchase Products, or access the Services.

2.2 By using the Site or placing an Order, you represent and warrant that you meet the eligibility requirements set out in this clause and that the information you provide is accurate and complete.

2.3 If you permit a minor to use the Site under your supervision, you accept full responsibility for their compliance with these Terms.

§3. YOUR ACCOUNT

3.1 To place an Order or access certain features of the Site, you may need to create an Account by providing your email address, choosing a password, and supplying any other required information.

3.2 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 at inbox@nfckey.com if you become aware of any unauthorised use of your Account.

3.3 We reserve the right to disable your Account or terminate your access at any time, with or without notice, if we reasonably believe you have failed to comply with these Terms.

3.4 You are responsible for, and agree to accept responsibility for all charges incurred in respect of: (a) all Orders placed through your Account that you authorised; and (b) all Orders placed through your Account that result from your failure to keep your Account credentials secure.

3.4.1 You are not responsible for an Order placed through your Account without your authority, where that Order did not result from your failure to keep your Account credentials secure and you notify us at inbox@nfckey.com promptly, and in any event within seven (7) calendar days, of becoming aware of the unauthorised Order or of any unauthorised use of your Account.

3.4.2 Where you notify us of an unauthorised Order under clause 3.4.1 before the Order has been dispatched and before production or encoding has commenced, we will cancel the Order and refund any amounts paid. Where production, encoding, or dispatch has already commenced, we will work with you and, where relevant, the payment provider in good faith to limit the loss, and we will refund any amounts paid in respect of Products not yet produced or encoded.

§4. PRODUCTS AND DESCRIPTIONS

4.1 Product Information

We make reasonable efforts to ensure that product descriptions, specifications, images, and pricing displayed on the Site are accurate and up to date. However, we do not warrant that such information is error-free, complete, or current.

4.2 Product Description

The NFCKEY is a branded NFC keychain. Each unit contains a passive NFC/RFID chip and antenna embedded within a durable body. Both sides feature custom-printed graphics sealed under a protective UV-filtering resin coating.

StoneDevices reserves the right to select packaging materials and methods for standard and technical shipments.

4.3 Colour and Print Accuracy

4.3.1 Different monitors, screens, and devices display colours differently. StoneDevices cannot guarantee that your screen's display of colours accurately reflects the colour of the finished Product.

4.3.2 The printing process involves the conversion of digital screen colours (RGB) to print colours (CMYK). This conversion may result in differences between on-screen and printed colours. Such differences are inherent to the printing process and are not considered a defect.

4.3.3 Minor variations in colour, print alignment, dimensions, and finish between Products and on-screen previews are normal. Such variations do not constitute a defect and are not grounds for a return, refund, or warranty claim.

4.3.4 If precise colour matching is critical, we recommend ordering a sample before placing a bulk order.

4.4 NFC Performance and Read Range

NFCKEY Products rely on NFC technology and are compatible at the hardware level with existing NFC readers supporting the relevant chip protocols (ISO/IEC 14443 or ISO/IEC 15693, as applicable to the selected chip). StoneDevices does not warrant any specific read range, transaction speed, or radio-frequency performance characteristic. Read range and RF performance are affected by multiple factors outside StoneDevices' control, including but not limited to: the reader hardware and antenna design; the surface or object the Product is placed on or near (particularly metal surfaces, which may significantly reduce or block NFC performance); the angle and orientation of the Product relative to the reader; the presence of phone cases, wallets, or other materials between the Product and the reader; and environmental interference from other electronic devices or RF sources. The Customer is solely responsible for testing and validating NFCKEY Products in the intended deployment environment before committing to production quantities. StoneDevices strongly recommends ordering a sample under §4.3 prior to placing any bulk Order.

4.5 Product Modifications

We reserve the right to modify, update, improve, or discontinue any Product at any time without prior notice. Where such changes materially affect a confirmed Order, we will notify you and provide a substitute or full refund.

4.6 Physical Dimensions and Manufacturing Tolerances

The nominal dimensions of the NFCKEY Product are 51 mm (length) × 24.66 mm (width) × 3.8 mm (thickness), as represented in StoneDevices' marketing materials, product listings, and promotional literature. Notwithstanding such representations, Products are subject to the following permitted manufacturing tolerances:

(a) length and width: a variance of ±0.05 mm from the respective nominal dimension; and

(b) thickness: a variance of ±0.5 mm from the nominal dimension.

Any Product whose dimensions fall within the tolerance ranges specified in clauses 4.6(a) and 4.6(b) shall be deemed to conform to specification for all purposes under these Terms. Such dimensional variation does not constitute a defect in materials or workmanship and shall not give rise to any right of return, refund, replacement, or warranty claim under these Terms or otherwise.

§5. NFC CHIP TYPE SELECTION

5.1 NFCKEY Products are available with various NFC chip types. Each chip type has different technical specifications, memory capacity, security features, and compatibility.

5.2 Information regarding NFC chip types is provided for general informational purposes only and does not constitute technical advice.

5.3 It is your sole responsibility to determine which NFC chip type is appropriate for your intended use, including verifying compatibility with your specific access systems, readers, and devices.

5.4 StoneDevices recommends verifying compatibility prior to purchasing, including consulting with qualified professionals and ordering samples. StoneDevices is not liable for losses arising from failure to verify compatibility.

5.5 Incompatibility resulting from your selection of an incorrect chip type does not constitute a product defect and is not grounds for a return, refund, or warranty claim.

§5A. VARIABLE DATA AND SEQUENTIAL ENCODING

5A.1 Where an Order includes encoding services requiring variable data supplied by the Customer (including sequential numbering, unique identifiers, serial numbers, or any dataset in which each unit carries a distinct value), the Customer shall provide the required dataset to StoneDevices prior to the commencement of production.

5A.2 Encoding Overhead Requirement. Due to the technical realities of variable data encoding, a proportion of units may be lost or rendered non-functional during the encoding, manufacturing, quality control, or packaging processes. To ensure that the final delivered quantity meets the Customer's requirement, the Customer must submit a dataset that exceeds the ordered quantity by no less than three percent (3%), rounded up to the nearest whole unit. By way of illustration, an Order for one hundred (100) units with sequential numbering from 001 to 100 requires the Customer to submit at least one hundred and three (103) values.

5A.3 Consequences of Insufficient Data. Where the Customer submits a dataset that does not meet the 3% overhead requirement in clause 5A.2: (a) StoneDevices reserves the right to reject the dataset and delay production until a compliant dataset is provided; (b) if StoneDevices, at its sole discretion, proceeds with production on an insufficient dataset, any resulting shortage in the final delivered quantity shall not constitute a defect, non-conformity, or grounds for a return, refund, or warranty claim, and StoneDevices shall instead credit or refund to the Customer the Purchase Price of the undelivered units, calculated on a pro-rata basis by reference to the per-unit price of the Order. Such credit or refund is the Customer's sole remedy in respect of the shortage. For the avoidance of doubt, a shortage arising under this clause 5A.3(b) is not a quantity shortage for the purposes of §8.3(a) or §10.6(d), and the reporting and remedy provisions of those clauses do not apply to it. This clause does not limit the rights of a Customer who is a consumer under Applicable Laws.

5A.4 Non-Sequential Delivery. StoneDevices does not guarantee that variable data units will be delivered in any particular sequence or order, regardless of the sequence in which the data was submitted, unless a specific sequenced delivery format has been requested by the Customer in writing and expressly acknowledged in writing by StoneDevices prior to production. Additional fees may apply for sequenced delivery.

5A.5 Data Accuracy. The Customer is solely responsible for the accuracy, completeness, and uniqueness of the dataset submitted. StoneDevices shall not be liable for duplicate values, missing values, or errors in the dataset as submitted, and shall have no obligation to verify or validate the dataset prior to encoding.

5A.6 Encoding Scheme Design. StoneDevices recommends that the Customer design encoding schemes that tolerate missing units within a numbered range. The Customer acknowledges that no encoding scheme dependent on receiving a complete uninterrupted numerical sequence can be guaranteed.

§6. ORDERING AND PRICING

6.1 Placing an Order

To place an order, select the desired Products, add them to your cart, provide Delivery Information and payment details, and submit. Submission constitutes your offer to purchase in accordance with these Terms.

6.2 Order Acceptance

You will receive an automated order confirmation email. This constitutes acceptance of your Order and forms a binding agreement.

After an Order has been confirmed, StoneDevices may cancel it only on one or more of the following grounds:

(a) the Products ordered are unavailable and no substitute acceptable to the Customer is agreed;

(b) the price, or a material part of the Product description, displayed at the time the Order was placed contained a manifest error;

(c) StoneDevices reasonably suspects fraud, or unauthorised use of a payment method or of an Account;

(d) the Order, the Customer, or another party to the transaction is restricted, prohibited, or requires a licence under the export control or sanctions requirements referred to in §22, following screening by StoneDevices;

(e) the Customer is in breach of these Terms; or

(f) a design submitted with the Order is refused under §16.4 or under clause 9 of the Design Submission Agreement;

(g) StoneDevices is unable to deliver to the Customer's destination, in which case StoneDevices will notify the Customer and refund in full; or

(h) any other ground where StoneDevices reasonably considers that fulfilling the Order would breach Applicable Laws or expose StoneDevices to material legal, regulatory, or reputational risk, in which case StoneDevices will notify the Customer and issue a full refund.

StoneDevices will not cancel a confirmed Order on any other ground. Where StoneDevices cancels a confirmed Order under this clause, it will notify the Customer and issue a full refund of all amounts already paid in respect of the cancelled Order, being the Purchase Price plus Shipping Charges and any taxes collected, in every case.

6.3 Pricing

6.3.1 All prices are in the currency indicated. The Purchase Price is the price of the Products alone and is exclusive of applicable taxes and of Shipping Charges. Taxes will be calculated at checkout based on your delivery destination.

6.3.2 Prices do not include Shipping Charges, which are displayed separately during checkout. The total amount payable for an Order is the Purchase Price plus Shipping Charges and any applicable taxes.

6.3.3 We reserve the right to change prices at any time. Changes will not affect confirmed Orders.

6.3.4 If we discover a pricing error after confirmation, we will contact you with the correct price and offer you the option to proceed or cancel for a full refund.

6.4 Precedence of These Terms

These Terms apply to the exclusion of any terms, conditions, or provisions contained in any purchase order, order acknowledgement, correspondence, or other document issued by the Customer, whether submitted before, at the time of, or after the placement of an Order. Any such conflicting or additional terms are hereby rejected and shall be void and of no effect. Acceptance by StoneDevices of any purchase order or other document from the Customer does not constitute acceptance of any terms contained therein. The Customer's assent to these Terms, to the exclusion of any terms submitted by the Customer, is an express condition of StoneDevices' acceptance of any Order.

§7. PAYMENT

7.1 Unless otherwise agreed in writing, payment must be made at the time of placing your Order using any accepted payment method. Where StoneDevices has agreed payment terms in writing for a business Order, payment is due in accordance with those terms.

7.2 All payments must be made in full without set-off, deduction, or withholding, except as required by law.

7.3 We use third-party payment processors. Your payment information is processed securely. We do not store your full payment card details.

7.4 If payment is declined, we reserve the right to cancel or suspend your Order until payment is received.

§8. DELIVERY

8.1 Delivery Methods

Products will be shipped to the address specified in your Delivery Information using our standard shipping methods or the option you selected during checkout. Delivery is contingent upon receipt of full payment.

8.2 Estimated Delivery Times

Any delivery dates or timeframes provided are estimates only and are not guaranteed.

8.3 Inspection on Delivery

The Customer shall inspect the Products on delivery.

(a) Any visible damage to the packaging or Products, or any shortage in quantity, must be reported to StoneDevices at inbox@nfckey.com within seven (7) calendar days of the Delivery Date, with photographic evidence of both the packaging and the Products. This clause does not apply to a shortage in quantity arising from an insufficient dataset under §5A.3, which is governed by that clause. Failure to report visible damage or quantity shortage within this period constitutes acceptance of the Products as delivered in the ordered quantity and free from apparent damage.

(b) Any latent defect (including non-functional NFC chip, print misalignment, or other manufacturing defect not visible on external inspection) must be reported within fourteen (14) calendar days of the Delivery Date in accordance with §11.

(c) After these periods, no claim may be brought for defects that could reasonably have been discovered on inspection, without prejudice to warranty rights under §11 for defects that emerge later during Normal Use.

8.4 Risk, Title, and Trade Terms

8.4.1 Direct e-commerce Orders (via the Site). All Orders placed through nfckey.com are shipped on Delivered at Place (DAP) terms as defined by Incoterms 2020, with the following modification: notwithstanding the default risk allocation under DAP, risk of loss and title to the Products pass to the Customer at the moment the Products are handed to the first carrier at StoneDevices' facility in Senai, Malaysia. The Customer is the importer of record and remains responsible for all import duties, taxes, customs charges, and clearance fees imposed by the destination country.

8.4.2 Business-to-Business Orders (by purchase order or written agreement). Unless otherwise agreed in writing, business Orders are shipped on Ex Works (EXW) Senai, Malaysia or Free on Board (FOB) Malaysia terms as defined by Incoterms 2020. Risk of loss and title to the Products pass to the Customer when the Products are made available at StoneDevices' facility (EXW) or when handed to the nominated carrier (FOB). The Customer is responsible for all transport, insurance, export documentation, import duties, taxes, and clearance charges from that point forward. Alternative Incoterms (including FCA, CIF, or DDP) may be agreed in writing on a per-Order basis.

8.4.3 Regardless of the applicable Incoterm, StoneDevices may at its discretion assist the Customer in filing carrier claims or arranging replacement shipments. Such assistance does not alter the transfer of risk or title under this clause.

8.5 International Delivery

Orders for delivery outside Malaysia may be subject to import duties, customs charges, and taxes. You are solely responsible for payment of all such charges.

8.6 Failed Delivery

Where delivery fails due to incorrect Delivery Information provided by the Customer, the Customer's failure to accept delivery, or the Customer being unavailable at the address, the Customer remains responsible for the Purchase Price plus Shipping Charges and any further shipping or storage costs incurred as a result of the failed delivery.

8.6.1 Resaleable Products. If a Product that can be resold in the ordinary course of business (blank ready-made Products in original packaging, undamaged and un-encoded) is returned to StoneDevices as undeliverable, StoneDevices will hold the Product for thirty (30) days and make reasonable attempts to arrange redelivery at the Customer's cost. If redelivery cannot be arranged within thirty (30) days, StoneDevices may dispose of the Product and refund the Purchase Price of the Product to the Customer, less the original Shipping Charges, redelivery attempt costs, and any non-refundable payment processing charges imposed by the payment provider.

8.6.2 Non-Resaleable Products. Custom Design Products, encoded Products (including ready-made Products with Customer-specific encoding), and any Product bearing Customer-specific data or artwork are non-returnable and non-refundable in any circumstance of failed delivery, as they cannot be resold. Where redelivery cannot be arranged within thirty (30) days, StoneDevices may dispose of the Product without further obligation. StoneDevices is not responsible for any loss of data or content encoded on the NFC chip of an undeliverable Product.

8.6.3 The Customer acknowledges that Non-Resaleable Products under clause 8.6.2 are manufactured to Order and cannot be resold or reused.

§9. CANCELLATION, RETURNS, AND REFUNDS

9.1 Cancellation

9.1.1 An Order may be cancelled in full, with a refund of the Purchase Price plus Shipping Charges paid, at any time before the earliest of the following events occurs:

(a) production of a Custom Design Product forming part of the Order commences;

(b) encoding of any Product forming part of the Order commences; or

(c) the Order is dispatched.

9.1.2 Once any of the events in clause 9.1.1 has occurred, the Order may no longer be cancelled. This is because the Products are produced, printed, or encoded to the Customer's Order and cannot be reallocated or resold.

9.1.3 Cancellation requests must be sent to inbox@nfckey.com and take effect when received by StoneDevices. On request by the Customer, StoneDevices will confirm whether production, encoding, or dispatch has commenced.

9.1.4 After dispatch, the Order must be handled as a return under this §9. Nothing in this clause limits your rights in respect of defective, damaged, or non-conforming Products under clause 9.2 or under the warranty in §§10 to 12.

9.2 Returns for Defective or Damaged Products

Notify us at inbox@nfckey.com, with photographic evidence, within the reporting periods set out in §8.3 and §10.6. Upon verification, we will:

(a) replace the defective Product at no additional cost; or

(b) issue a refund of the Purchase Price of the affected Products together with the original Shipping Charges attributable to those Products. Where the affected Products form the whole of the Order, the refund shall be the Purchase Price plus Shipping Charges paid for that Order.

9.3 Custom Design Products and Ready-Made Design Products: Non-Returnable

All Custom Design Products and Ready-Made Design Products are non-returnable and non-refundable for change-of-mind reasons. This is because these Products may be manufactured specifically to your order and encoded with client-specific data that renders them unsuitable for resale or reuse.

Custom Design Products and Ready-Made Design Products may only be returned where they are defective, damaged, or materially non-conforming with your Order, in accordance with clause 9.2.

This clause 9.3 applies subject to clauses 9.3.1 and 9.3.2. Where a consumer has a statutory cancellation right under clause 9.3.1, that right prevails over the change-of-mind restriction set out above.

9.3.1 Cancellation right for consumers in the United Kingdom and the European Union

(a) Where the Customer is a consumer resident in the United Kingdom or in a member state of the European Union, and the contract is a distance contract concluded through the Site, the Customer has a right to cancel the Order within fourteen (14) calendar days without giving any reason, in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 in the United Kingdom and with Directive 2011/83/EU on consumer rights and the national law implementing it in the European Union.

(b) The cancellation period runs for fourteen (14) calendar days beginning on the day after the day on which the Customer, or a person nominated by the Customer, acquires physical possession of the Products. Where the Order is delivered in more than one consignment, the period begins on the day after the day on which the last of the Products is received.

(c) To cancel, the Customer must inform StoneDevices of the decision to cancel by a clear statement sent to inbox@nfckey.com before the cancellation period expires. The Customer may use the model cancellation form provided under the applicable legislation, but is not required to do so.

(d) The Customer must send the Products back to StoneDevices without undue delay and in any event within fourteen (14) calendar days of notifying StoneDevices of the cancellation. The Customer bears the direct cost of returning the Products, unless the Products are defective, damaged, or materially non-conforming, in which case clause 9.2 applies and StoneDevices bears the return cost.

(e) StoneDevices will refund the Purchase Price of the returned Products together with the Shipping Charges paid for standard delivery of those Products, within fourteen (14) days of receiving the Products back or of receiving evidence that the Products have been sent back, whichever is earlier. Where the Customer chose a delivery method more expensive than StoneDevices' standard delivery, the refund of Shipping Charges is limited to the cost of standard delivery. Refunds under this clause are subject to any deduction properly made under clause 9.3.3.

9.3.2 Products exempt from the clause 9.3.1 cancellation right

The cancellation right in clause 9.3.1 does not apply to, and cannot be exercised in respect of:

(a) Custom Design Products, and any other Product made to the Customer's specifications or clearly personalised, including any Product bearing artwork, a logo, an image, or text supplied, uploaded, or selected by the Customer; and

(b) any Product encoded with Customer-supplied data, including variable data, sequential numbering, unique or serial identifiers, Customer-specific URLs, records, credentials, or keys, whether that encoding was performed by StoneDevices as an encoding service or requested by the Customer as part of the Order.

These exemptions are those permitted by regulation 28(1)(b) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and by Article 16(1)(c) of Directive 2011/83/EU, on the basis that such Products are made to the consumer's specifications or are clearly personalised and cannot be resold or reused. Blank Ready-Made Design Products that carry no Customer-supplied artwork and no Customer-supplied encoded data are not exempt, and the cancellation right in clause 9.3.1 applies to them.

9.3.3 Returned Products that have been encoded, written to, locked, or key-rotated

(a) This clause applies where a Product is returned under clause 9.3.1, or under any other return accepted by StoneDevices, and the NFC chip of that Product has been encoded, written to, password- or PIN-protected, permanently locked, had its memory pages or capability container irreversibly configured, been placed in a read-only or otherwise irreversible state, or had its authentication or access keys changed or rotated, by the Customer or by any end user.

(b) On receipt, StoneDevices will assess whether the Product can be restored to blank, resaleable condition. StoneDevices will carry out that assessment and notify the Customer in writing of the outcome, the basis of the outcome, and the amount of and reason for any deduction, within five (5) business days of receiving the Product, and before the refund is made.

(c) Where the Product can be restored to blank, resaleable condition, the refund will be reduced by an amount reflecting the reduction in the value of the Product attributable to the encoding, writing, locking, or key rotation, together with the reasonable cost of the restoration work. StoneDevices will not deduct more than that amount.

(d) Where the Product cannot be restored to blank, resaleable condition, the reduction may equal the full Purchase Price of the affected unit or units, and in that case no refund of the Purchase Price will be payable in respect of those units. Circumstances in which restoration is not possible include the permanent locking of memory pages or of a one-time-programmable area, the rotation of authentication or access keys to values not disclosed to StoneDevices, and the irreversible configuration of the chip by the Customer or an end user.

(e) Reading the NFC chip, or performing a test write that can be erased and that leaves the chip in a rewritable and unlocked state, does not of itself amount to a reduction in the value of the Product and will not give rise to a deduction under this clause. The Customer is entitled to handle and test the Product to the extent reasonably necessary to establish its nature, characteristics, and functioning.

(f) A deduction may not be made under this clause in respect of a Product that is defective, damaged on delivery, or materially non-conforming with the Order. Such Products are dealt with under clause 9.2 and under the warranty in §§10 to 12, and the Customer is entitled to the full remedy provided there.

(g) This clause is applied consistently with regulation 34(9) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and Article 14(2) of Directive 2011/83/EU, and nothing in it limits or excludes any statutory right of a consumer.

9.4 Refund Processing

Subject to clause 9.3.1(e), refunds will be processed to the original payment method within fourteen (14) business days of receipt of the returned Product or cancellation confirmation.

9.5 Exclusions

Returns and refunds will not be accepted where:

(a) the defect was caused by misuse, negligence, or unauthorised modification, as set out in §10.3;

(b) the claim is reported outside the reporting periods in §8.3 and §10.6, or outside the applicable warranty period in §11;

(c) the Product is a Custom Design Product or Ready-Made Design Product returned for change-of-mind, subject always to clause 9.3.1; or

(d) the Product has been used, altered, or is not in its original condition, save where the defect claimed could only become apparent through use.

§10. WARRANTY - GENERAL RULES

10.1 StoneDevices warrants that each Product shall be free from defects in materials and workmanship under Normal Use for the warranty periods set out in §11. This warranty is given subject to the general rules in this §10 and to the exclusions in §12.

10.2 Commencement and beneficiary

Each warranty period commences on the Delivery Date and applies to the original purchaser only. The warranty is non-transferable unless expressly agreed in writing.

10.3 Manufacturing defects only

This warranty covers defects in materials and workmanship only. It does not extend to damage, deterioration, or failure caused by misuse, negligence, accident, modification, unauthorised repair, intentional or excessive force, deliberate tampering, or any use of the Product contrary to its intended purpose or outside Normal Use. This clause is the only misuse exclusion in these Terms. It applies to every warranty given in §11, including the Product warranty, the eyelet, and the Branded Accessories, and it is not repeated in §12.

10.4 Verification of claims

All warranty claims are subject to verification by StoneDevices. StoneDevices may request the return of the affected units, photographic evidence, or diagnostic information before approving a claim. The claims procedure is set out in §13.

10.5 Remedy

10.5.1 Repair is not offered for the Product. The Product is manufactured as a sealed, single-piece unit in which the NFC chip and antenna are permanently embedded in the body. It cannot be opened, serviced, or resealed without destroying it. StoneDevices does not undertake that repair facilities or spare parts will be available for the Product, whether during or after the warranty period.

10.5.2 Where a warranty claim is accepted, the remedy shall be either:

(a) replacement of the affected unit or Branded Accessory with an equivalent item; or

(b) a refund of the Purchase Price of the affected unit(s).

Replacement will be offered in the first instance. A refund will be given where replacement is not reasonably practicable, where the Product is no longer available, or where the Customer prefers a refund. Where the affected units form the whole of an Order, the refund shall be the Purchase Price plus Shipping Charges paid for that Order.

10.5.3 StoneDevices may, at its sole discretion and under a separate written agreement with the Customer, recover a chip from an affected Product in exceptional cases. Chip recovery is not a warranty remedy. StoneDevices is under no obligation to offer, agree to, or perform it, and nothing in these Terms entitles the Customer to require it.

10.6 Reporting deadlines

A claim must be reported to StoneDevices at inbox@nfckey.com, with photographic evidence, within the following periods measured from the Delivery Date:

(a) dead on arrival, being an NFC chip that is non-functional upon delivery: fourteen (14) calendar days;

(b) damage in transit: seven (7) calendar days, in accordance with §8.3(a);

(c) print misalignment: fourteen (14) calendar days;

(d) quantity shortage: seven (7) calendar days, in accordance with §8.3(a), other than a shortage arising from an insufficient dataset under §5A.3, which is governed by that clause and is not a reportable defect;

(e) any other defect that emerges later during Normal Use: at any time within the applicable warranty period in §11, and in any event promptly after the defect becomes apparent to the Customer.

§8.3 is the single source of the reporting periods for damage in transit and for quantity shortage. Clauses 10.6(b) and 10.6(d) restate §8.3(a) for convenience only, and if any inconsistency arises §8.3 prevails. Failure to report within the applicable period voids the claim in respect of that defect, without prejudice to your statutory rights.

10.7 Statutory rights

Nothing in §§10 to 13 is intended to limit or exclude any statutory rights you may have under Applicable Laws, including the Malaysian Consumer Protection Act 1999. The statutory consumer rights savings provision at the opening of §17 applies equally to these warranty provisions, and where these Terms conflict with mandatory statutory consumer rights, the statutory rights shall prevail.

§11. WARRANTY - WHAT IS COVERED

11.1 Product Warranty (Whole Product)

The Product is warranted against defects in materials and workmanship under Normal Use for twelve (12) months from the Delivery Date. This single twelve (12) month period applies to the Product as a whole, including the NFC chip and antenna, the printed graphics and the protective UV-filtering resin coating, and the eyelet. It replaces all separate component warranty periods previously applied to those parts. The only warranty periods that differ are those for Branded Accessories in clause 11.5.

11.2 Dead on Arrival

Where the NFC chip is non-functional upon delivery and the defect is reported within the period in §10.6(a), StoneDevices shall provide a remedy in accordance with §10.5.

11.3 NFC Chip and Antenna Failure Under Normal Use

Functional failure of the NFC chip or antenna within the period in clause 11.1 is covered, provided that:

(a) the Product shows no evidence of physical damage, water ingress, heat exposure, or tampering;

(b) the chip is tested and confirmed non-functional by StoneDevices or an authorised testing facility; and

(c) the failure is attributable to a defect in the chip or antenna, and not to incompatibility with an external system, reader, or software.

11.4 Print, Coating, and Appearance

(a) Colour fading. StoneDevices warrants that colour degradation shall not exceed fifteen percent (15%) from the original printed colour within twelve (12) months of the Delivery Date under Normal Use. The protective resin coating incorporates UV-filtering properties; however, StoneDevices does not guarantee 100% UV protection. Colour fading exceeding the above threshold shall be assessed on a case-by-case basis.

(b) Print misalignment. Misalignment exceeding two millimetres (2mm) from the approved design constitutes a manufacturing defect, reportable within the period in §10.6(c).

11.5 Branded Accessories (O-Ring and Snap Hook)

The warranty periods for Branded Accessories are unchanged by clause 11.1 and are as follows:

(a) Mechanical defect: warranted for twelve (12) months from the Delivery Date under Normal Use.

(b) Premature corrosion: warranted against premature corrosion for thirty-six (36) months (3 years) from the Delivery Date.

11.6 Eyelet

The eyelet is covered by the Product warranty in clause 11.1 where the Product was sold as an Advanced Pack and the branded NFCKEY o-ring and snap hook have been used with it exclusively. The eyelet on Basic Pack units is excluded under §12.3(a).

11.7 Packaging and Shipping

Damage in transit and quantity shortage are covered where reported within the periods in §8.3(a), as restated in §10.6(b) and §10.6(d). Packaging is warranted as functional only and not for appearance; see §12.5(a).

§12. WARRANTY EXCLUSIONS - WHAT IS NOT COVERED

The following are expressly excluded from the warranty coverage given in §11. The general rules in §10 apply in addition to these exclusions. Misuse, negligence, accident, modification, unauthorised repair, intentional or excessive force, deliberate tampering, and use outside Normal Use are excluded by §10.3 and are not repeated in this §12.

12.1 RFID / NFC Module Exclusions

(a) Chip incompatibility with the Customer's system, reader, or software.

(b) Chip failure caused by water damage, submersion, or exposure to water or other liquids beyond the ingress protection conditions for which the Product is rated.

(c) Chip failure caused by exposure to excessive heat, open flame, or thermal shock beyond the Product's rated operating temperature as specified in the applicable datasheet.

(d) Chip failure caused by strong electromagnetic fields, static discharge, or physical impact.

12.2 Print, Coating & Appearance Exclusions

(a) Colour fading occurring after twelve (12) months, which is considered normal aging.

(b) Minor colour variation (?10%), inherent in the printing process and not considered a defect.

(c) Major colour mismatch where the Customer has signed the Design Submission Agreement.

(d) Errors attributable to Customer-supplied artwork.

(e) Scratches, scuffs, abrasion, or surface wear from normal use.

(f) Colour fading or deterioration of the protective coating attributable to prolonged direct sun exposure, chemical exposure, saltwater contact, or abrasion.

12.3 Structural Integrity Exclusions

(a) Broken eyelet on Basic Pack units (no accessories provided, cannot verify use).

(b) Broken eyelet on Advanced Pack where non-NFCKEY accessories used.

12.4 Accessory Exclusions

(a) Corrosion or deterioration of a Branded Accessory attributable to exposure to chemicals, saltwater, or other conditions outside Normal Use.

12.5 Packaging Exclusions

(a) Cosmetic defects in packaging materials. Packaging is warranted as functional only and is not warranted for aesthetics.

12.6 General Exclusions

(a) Normal wear and tear, including surface scratches;

(b) Damage from failure to follow product manual or StoneDevices' guidance;

(c) Cosmetic damage not affecting NFC functionality;

(d) Products with removed or altered serial numbers;

(e) Products purchased from unauthorised resellers or third-party sellers;

(f) Colour or print variations within normal print tolerances (see §4.3);

(g) Issues from incompatible NFC chip type selection (see §5);

(h) Damage from use with incompatible devices or accessories not provided or approved by StoneDevices.

§13. WARRANTY CLAIMS PROCEDURE

13.1 To submit a warranty claim, the Customer must:

(a) contact StoneDevices at inbox@nfckey.com or via nfckey.com within the applicable warranty period;

(b) provide the order number, delivery date, and a clear description of the defect;

(c) provide photographic or video evidence of the alleged defect;

(d) where requested, return the affected unit(s) for inspection and testing.

13.2 StoneDevices shall acknowledge receipt within five (5) business days and shall use reasonable efforts to provide a determination within fifteen (15) business days of receiving all requested information.

13.3 Shipping costs for returning defective units shall be borne by:

(a) StoneDevices, if the claim is approved; or

(b) the Customer, if the claim is denied or the Product is found not defective.

13.4 StoneDevices reserves the right to reject any claim that is incomplete, submitted outside the warranty period, or where the Product shows evidence of misuse, modification, or uncovered damage.

§14. INTELLECTUAL PROPERTY

14.1 StoneDevices IP

All content on the Site, including but not limited to text, graphics, images, logos, icons, photographs, audio and video content, software, data compilations, page layout, underlying code, and all other materials (collectively, "Site Content"), as well as the NFCKEY™ and StoneDevices® names, trademarks, logos, and brand properties (collectively, "Our Marks"), are the property of StoneDevices or its licensors and are protected by applicable Intellectual Property Rights laws.

14.2 Limited License to Site Content

StoneDevices grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Site Content solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, or create derivative works without prior written consent.

14.3 Restrictions

Without limiting clause 14.2, you shall not:

(a) frame the Site or any portion thereof;

(b) use any meta tags, hidden text, or other techniques incorporating Our Marks or Site Content without our prior written consent;

(c) use any data mining, robots, scraping, or similar data-gathering or extraction tools on the Site or its content;

(d) present links to the Site in a manner that suggests endorsement, sponsorship, or affiliation with any third party without our prior written consent; or

(e) link to the Site from any website that contains content that is obscene, defamatory, harassing, offensive, or otherwise objectionable, as determined by StoneDevices in its sole discretion.

14.4 Third-Party IP

NFCKEY Products incorporate NFC technology from third parties. All third-party intellectual property remains the property of their respective owners.

14.5 Your Content

You retain ownership of any Intellectual Property Rights in your User Content. By submitting User Content to the Site or through the Services, including any designs, photographs, reviews, comments, or other materials, you grant StoneDevices a worldwide, non-exclusive, royalty-free, sublicensable licence, transferable only as part of a transfer of all or substantially all of StoneDevices' business or assets, to use, reproduce, modify, display, distribute, and create derivative works of your User Content for the purposes of operating, improving, and promoting the Site and Services. StoneDevices may exercise this right without further notice or compensation to you.

The marketing and promotional limb of this licence does not extend to User Content while, and only while, that User Content constitutes Confidential Information under §27. This restriction ends automatically, without further notice or action by either party, on the earliest of:

(a) the User Content ceasing to be Confidential Information, including where it becomes publicly available otherwise than through a breach of these Terms;

(b) the Customer distributing, issuing, selling, displaying, or otherwise making available to any third party any Product bearing that User Content, including at any event, exhibition, conference, or trade show, whether or not the Customer has separately announced or launched the design; and

(c) six (6) months after the Delivery Date.

On and from that date this licence applies to the User Content in full. This restriction does not affect the licence to use User Content for order fulfilment, production, legal, compliance, or archival purposes, which applies at all times. The Customer's right to withdraw the marketing licence under this clause 14.5 is unaffected.

You warrant that you have all rights necessary to grant this licence, and that you will not upload or submit User Content containing the personal data of any third party (including any photograph, name, image, likeness, contact details, or identifier of another person) unless you have obtained that person's consent to its submission and to its use by StoneDevices for the purposes set out in this clause. You will provide evidence of that consent on request, and you indemnify StoneDevices against any claim arising from your breach of this warranty.

You may withdraw this marketing licence at any time by sending a written request to legal@stonedevices.com with the subject line 'Marketing Licence Withdrawal' and, where applicable, your order number. Upon receipt of a valid withdrawal request, StoneDevices will:

(a) acknowledge your request within five (5) business days; and

(b) cease all new use of your User Content for marketing purposes within thirty (30) days of acknowledgement.

User Content already incorporated into published or printed materials prior to receipt of your withdrawal request may remain in use until their natural expiry or removal from circulation, whichever is earlier. Withdrawal of the marketing licence does not affect StoneDevices' rights to use your User Content for order fulfilment, legal, compliance, or archival purposes.

14.6 Feedback

Any Feedback you provide is non-confidential. You assign all rights in such Feedback to StoneDevices, which may use it without restriction or compensation.

§15. USER CONTENT AND CONDUCT

15.1 Content Standards

User Content must not: (a) be unlawful, defamatory, obscene, or objectionable; (b) promote violence or illegal activity; (c) infringe third-party rights; (d) contain sexually explicit material; (e) be misleading or fraudulent; (f) contain malware; (g) impersonate any person; (h) constitute spam or pyramid schemes; or (i) violate Applicable Laws.

15.2 Moderation

We reserve the right to review, edit, refuse, or remove any User Content at our sole discretion.

15.3 Prohibited Site Use

You agree not to: (a) use the Site for unlawful purposes; (b) interfere with Site operations; (c) attempt unauthorised access; (d) transmit harmful material; (e) collect personal information without consent; (f) overburden the Site; or (g) circumvent security features.

§16. CUSTOM DESIGN SUBMISSIONS

16.1 Custom design submissions are subject to the separate NFCKEY Design Submission Agreement, which must be accepted before purchase.

16.2 The Design Submission Agreement is incorporated into these Terms. In any conflict, the Design Submission Agreement prevails for custom design matters.

16.3 StoneDevices does not routinely pre-screen or verify designs. Printing your design does not constitute endorsement. You are solely responsible for ensuring compliance with Applicable Laws and third-party rights.

16.4 StoneDevices reserves the right to refuse, cancel, or remove any Custom Design Product order that violates these Terms, the Design Submission Agreement, or Applicable Laws.

§17. DISCLAIMERS AND LIMITATION OF LIABILITY

Statutory Consumer Rights

Nothing in this §17, or elsewhere in these Terms, is intended to limit or exclude any statutory rights you may have under Applicable Laws, including the Malaysian Consumer Protection Act 1999. Where these Terms conflict with mandatory statutory consumer rights, the statutory rights shall prevail. This provision qualifies every disclaimer, exclusion, and limitation in this §17.

17.1 Disclaimer of Warranties (Site and Services)

To the maximum extent permitted by Applicable Laws, the Site and the Services are provided on an “as is” and “as available” basis, without any warranties of any kind, whether express, implied, or otherwise. This disclaimer applies to the Site and the Services only. It does not apply to the Products, which are covered by the warranty in §§10 to 12 and by your statutory rights.

In respect of the Site and the Services, StoneDevices expressly disclaims all implied warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

StoneDevices does not warrant that: (a) the Site or Services will be uninterrupted, secure, or error-free; (b) the Site or Services will meet your specific requirements; (c) NFC functionality will be available or compatible in every reader, system, or deployment environment, as addressed in §4.4 and §5; or (d) the Site is free from viruses.

17.2 Disclaimer of Misuse and End-Use Responsibility

StoneDevices is a manufacturer of NFC keychains. StoneDevices’ role is limited to the production and supply of the physical Product. StoneDevices bears no responsibility whatsoever for the manner in which the Product is ultimately used by the Customer or any third party. The NFCKEY is a passive NFC/RFID device that does not, by itself, store, process, or transmit personal data beyond the data written to it by the end user.

The Customer acknowledges and agrees that:

(a) StoneDevices is not responsible for the end-use application, deployment, or configuration of the Product;

(b) StoneDevices shall not be liable for any unlawful, fraudulent, or unauthorised use of the Product;

(c) the Customer is solely responsible for ensuring compliance with all applicable laws;

(d) StoneDevices shall not be liable for any claims arising from use or misuse of the Product.

17.3 Limitation of Liability

To the maximum extent permitted by Applicable Laws, StoneDevices shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages.

StoneDevices' total aggregate liability arising out of or in connection with these Terms and any Order shall not exceed the Purchase Price paid by the Customer for the specific Order giving rise to the claim. For the avoidance of doubt, the Purchase Price does not include Shipping Charges or taxes, and this cap applies to the aggregate of all claims arising from or in connection with that Order, not to each claim individually.

Nothing in these Terms shall limit or exclude liability for: (a) death or personal injury caused by negligence; (b) any liability arising under Part X (Product Liability) of the Malaysian Consumer Protection Act 1999; (c) fraud or fraudulent misrepresentation; or (d) any other liability that cannot lawfully be limited or excluded under Applicable Laws, including the Malaysian Consumer Protection Act 1999.

Where the Customer is not a consumer within the meaning of the Consumer Protection Act 1999, any claim must be brought within one (1) year from the date the cause of action arose. That one (1) year limitation does not apply to, and is of no effect against, a Customer who is a consumer, whose claims may be brought within the limitation periods provided by Applicable Laws.

17.4 Data and Privacy Disclaimer: Customer Data Written to the NFC Chip

17.4.1 Scope of this clause. This clause §17.4 applies only to data written to, or stored on, the NFC chip of a Product by the Customer or by end users. It does not apply to personal data that StoneDevices itself collects, holds, or processes, which is governed by §18 and by the Privacy Policy.

17.4.2 The Product is supplied as blank NFC/RFID hardware. StoneDevices does not write, read, store, process, or have access to any data written to or stored on the NFC chip by the Customer or end users, except where the Customer has separately requested encoding services under §5A of these Terms or under the Design Submission Agreement. Any such encoding performed by StoneDevices is a one-time production action and is not ongoing data processing or access. §17.5 governs responsibility for the content of such encoded data.

17.4.3 The Customer is solely responsible for:

(a) all data written to or stored on the NFC chip by the Customer or by end users;

(b) the security, encryption, and access control of that data;

(c) compliance with all applicable data protection laws in respect of that data, including the Personal Data Protection Act 2010, as amended, including by the Personal Data Protection (Amendment) Act 2024, and the EU General Data Protection Regulation.

17.4.4 StoneDevices disclaims all liability for any data breach, data loss, unauthorised access, or privacy violation in respect of data written to or stored on the NFC chip by the Customer or end users.

17.4.5 Nothing in this §17.4 affects, limits, or excludes StoneDevices' obligations as a data controller under Applicable Laws in respect of personal data that StoneDevices itself collects, holds, or processes, including personal data collected through the Site, through an Account, or in connection with an Order.

17.5 Content of Encoded Data

Where the Customer requests encoding services under §5A of these Terms or under the Design Submission Agreement, StoneDevices encodes the data as instructed and does not verify, review, moderate, or take responsibility for the content of that data. The Customer represents and warrants that any data requested for encoding:

(a) does not violate any Applicable Laws or infringe the rights of any third party;

(b) does not contain, link to, or facilitate access to content that is obscene, illegal, defamatory, fraudulent, or otherwise prohibited under Applicable Laws;

(c) does not contain malware, phishing links, credentials to fraudulent services, or any other content designed to cause harm;

(d) does not include personal data of third parties without their explicit consent.

The Customer indemnifies StoneDevices against any claim arising from the content of encoded data or the use of that data by any third party. Where an Order includes variable data encoding, the dataset requirements in §5A of these Terms apply.

StoneDevices does not pre-screen, verify, or validate any dataset submitted for encoding. No inspection is undertaken and nothing in these Terms obliges StoneDevices to inspect any dataset. The Customer's representations and warranties in this §17.5 are given on submission and StoneDevices relies on them without further enquiry.

Encoding data as instructed is a one-time production action and does not constitute ongoing data processing or access under any applicable data protection law.

§18. PRIVACY AND DATA PROTECTION

18.1 Our collection, use, processing, and protection of your personal data is governed by our Privacy Policy at https://nfckey.com/privacy-policy.

18.2 StoneDevices processes personal data in accordance with Applicable Laws, including the Personal Data Protection Act 2010, as amended, including by the Personal Data Protection (Amendment) Act 2024. StoneDevices acts as a data controller in respect of the personal data it collects through the Site, through an Account, and in connection with an Order, and it is responsible for that personal data as data controller under that Act.

18.3 StoneDevices may collect anonymised and aggregated usage data for product improvement and analytics.

§19. THIRD-PARTY LINKS AND SERVICES

19.1 Third-party links are provided for convenience only and do not constitute endorsement.

19.2 StoneDevices assumes no responsibility for third-party websites or services.

19.3 Third-party systems, readers, software, and platforms

19.3.1 StoneDevices shall not be liable for any failure, limitation, unavailability, incompatibility, or change in the operation of any third-party system, reader, terminal, software, application, mobile operating system, or platform with which a Product is used, or for any decision by a third party to discontinue support for a chip type, protocol, or data format.

19.3.2 This exclusion applies to third-party systems and services only. It does not apply to the Product itself. StoneDevices is the producer of the finished Product and remains responsible for the Product in accordance with §§10 to 12, §17.3, and Applicable Laws, including Part X of the Malaysian Consumer Protection Act 1999.

§20. INDEMNIFICATION

20.1 You agree to defend, indemnify, and hold harmless StoneDevices from any claims arising from: (a) your unlawful, fraudulent, or unauthorised use of the Site, Products, or Services; (b) breach of these Terms; (c) your User Content; (d) violation of Applicable Laws; or (e) infringement of any third-party rights.

20.2 StoneDevices reserves the right, at your expense, to assume exclusive defence of any indemnified matter. Clause 4.4 of the Design Submission Agreement applies to any defence assumed under this clause.

§21. EVENTS OUTSIDE OUR CONTROL

21.1 StoneDevices shall not be liable for failure or delay resulting from events beyond reasonable control, including natural disasters, pandemics, war, terrorism, government actions, labour disputes, supply chain disruptions, or carrier delays.

21.2 If such an event continues for more than thirty (30) consecutive days, either party may terminate the affected Order by written notice.

21.3 Financial consequences of termination under clause 21.2

21.3.1 On termination of an Order under clause 21.2, StoneDevices shall refund all amounts paid by the Customer in respect of Products that have not been delivered, together with any Shipping Charges paid in respect of those undelivered Products.

21.3.2 Where the terminated Order is for Custom Design Products, encoded Products, or Products otherwise made to the Customer's specification, StoneDevices may deduct from the refund the value of work already properly performed on the Order at the date of termination, including artwork preparation and proofing, printing, encoding, and materials already committed to the Order. StoneDevices will provide the Customer with a written breakdown of any amount deducted. Where the Customer requests it, StoneDevices will deliver any work in progress corresponding to the amount deducted, so far as it is capable of delivery.

21.3.3 Amounts paid in respect of Products already delivered before termination are not refundable under this clause, without prejudice to the warranty in §§10 to 12 and to your statutory rights.

§22. EXPORT COMPLIANCE, TRADE CONTROLS, AND SANCTIONS

22.1 You represent and warrant that you will comply with all applicable export control, sanctions, and trade laws, including those of Malaysia and any other applicable jurisdiction.

22.2 You shall not export, re-export, sell, or transfer any Products to any country, territory, entity, or individual subject to trade sanctions or embargoes.

22.3 Stone Devices Sdn. Bhd. does not sell, distribute, ship, or provide any goods or services to countries, territories, entities, or individuals subject to sanctions imposed by the United Nations Security Council (“UN Sanctions”).

22.4 Any order originating from, or destined for delivery to, a UN-sanctioned jurisdiction shall be automatically refused and any payments received shall be refunded in full. The Customer represents and warrants that they are not located in, and will not re-export or divert the Product to, any UN-sanctioned country or territory.

§23. INTELLECTUAL PROPERTY INFRINGEMENT COMPLAINTS

23.1 Copyright complaints under Part VIB of the Copyright Act 1987

StoneDevices operates the Site as a service provider for the purposes of Part VIB (sections 43C to 43I) of the Copyright Act 1987 of Malaysia. If you are the owner of copyright in a work, or a person authorised to act on the owner's behalf, and you believe that material made available on the Site infringes that copyright, you may notify StoneDevices in accordance with section 43H of that Act.

23.2 Form and content of a notification

23.2.1 A notification under section 43H must be in the form determined by the Minister for the purposes of Part VIB, and must be given to the address in clause 23.7. StoneDevices is not obliged to act on a notification that does not comply with the prescribed form.

23.2.2 Without limiting the requirements of the prescribed form, a notification should contain:

(a) the name, address, telephone number, and email address of the person giving the notification, and, where that person is not the copyright owner, the capacity in which that person acts and the identity of the owner;

(b) identification of the copyright work said to be infringed;

(c) identification of the material on the Site said to be infringing, with sufficient particularity (including the URL or page location) to enable StoneDevices to locate it;

(d) a statement of the grounds on which the person giving the notification asserts that the material is infringing; and

(e) the statutory declaration, statement, or certification required by the prescribed form.

23.3 Warning under section 43I of the Copyright Act 1987

Section 43I of the Copyright Act 1987 provides that a person who knowingly makes a false notification, or a false counter-notification, commits an offence and is liable on conviction to a fine not exceeding one hundred thousand ringgit (RM100,000) or to imprisonment for a term not exceeding five (5) years, or to both. That person is also liable to compensate any party who suffers loss or damage as a result of the false notification or false counter-notification. Do not submit a notification under this §23 unless you are satisfied that its contents are true.

23.4 Action on a compliant notification

Where StoneDevices receives a notification that complies with clause 23.2, StoneDevices will remove or disable access to the material identified in the notification within forty-eight (48) hours of receiving the notification, in accordance with section 43H of the Copyright Act 1987, and will notify the person who made the material available, at the contact details held by StoneDevices, that the material has been removed or disabled.

23.5 Counter-notification

A person whose material has been removed or access to which has been disabled under clause 23.4 may give StoneDevices a counter-notification in the form determined by the Minister, sent to the address in clause 23.7. Where StoneDevices receives a compliant counter-notification, it will restore the material or restore access to it in accordance with section 43H, unless it is restrained from doing so by an order of a court or is otherwise prevented by Applicable Laws. The warning in clause 23.3 applies equally to counter-notifications.

23.6 Trademark and other intellectual property complaints

23.6.1 The notification and takedown mechanism in section 43H of the Copyright Act 1987 applies to copyright only. It does not apply to complaints of trademark infringement or to complaints concerning other intellectual property rights, and no statutory notification procedure of that kind is available for such complaints.

23.6.2 If you believe that material on the Site infringes a trademark or any other intellectual property right, you may submit a written complaint to the address in clause 23.7 stating: your name and contact details and, where you are acting for the rights owner, the capacity in which you act; the right relied on and, where the right is registered, its registration number and jurisdiction; identification of the material complained of, with sufficient particularity to enable StoneDevices to locate it; and the grounds of the complaint.

23.6.3 StoneDevices will acknowledge a complaint under clause 23.6.2 within five (5) business days and will assess it and respond within fifteen (15) business days of receiving all information it reasonably requests. StoneDevices may, at its discretion, remove or amend the material, seek the response of the person who supplied it, or decline the complaint with reasons.

23.6.4 The process in this clause 23.6 is voluntary and non-statutory. It does not limit or affect either party's rights or remedies under the Trademarks Act 2019 or any other Applicable Laws, imposes no obligation on StoneDevices to determine the merits of any dispute between third parties, and nothing done or not done under it constitutes an admission, a waiver, or an acknowledgement of any right, claim, or defence.

23.7 Address for notifications and complaints

Legal Affairs, Stone Devices Sdn. Bhd., No 25, Jalan Ipark SAC 4, 81400 Senai, Johor, Malaysia. Email: legal@stonedevices.com

§24. GOVERNING LAW AND DISPUTE RESOLUTION

24.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict-of-law principles.

24.2 Dispute Resolution — Negotiation

The parties shall first attempt to resolve any dispute amicably through good-faith negotiation for thirty (30) days.

24.3 Dispute Resolution — Arbitration

If not resolved through negotiation, any dispute shall be referred to arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the SIAC Rules.

24.4 The seat of arbitration shall be Singapore. The language shall be English.

24.5 The tribunal shall consist of one (1) arbitrator, unless the parties agree otherwise or SIAC determines three (3) are appropriate.

24.6 The award shall be final and binding. Judgment may be entered in any court having jurisdiction.

24.7 Injunctive Relief

StoneDevices retains the right to seek injunctive or equitable relief in any court to protect its IP Rights or confidential information.

24.8 Nothing in this clause shall prevent either party from seeking interim relief from a court of competent jurisdiction.

§25. TERMINATION

25.1 We reserve the right to suspend or terminate your access to the Site, Account, or Services at our sole discretion, with or without notice, for any violation of these Terms.

25.2 You may terminate your Account at any time by contacting inbox@nfckey.com.

25.3 Upon termination, your rights cease immediately. Termination does not affect prior accrued rights or obligations.

25.4 Effect of termination on a paid Order

25.4.1 Suspension or termination of your access, Account, or Services under this §25 does not of itself cancel an Order for which StoneDevices has already received payment.

25.4.2 Where, at the date of suspension or termination, production of a Custom Design Product, encoding, or dispatch of a paid Order has already commenced, StoneDevices will complete and deliver that Order in accordance with these Terms, and §§10 to 13 continue to apply to the Products delivered.

25.4.3 Where, at the date of suspension or termination, production, encoding, and dispatch of a paid Order have not commenced, StoneDevices will cancel the Order and refund the Purchase Price plus Shipping Charges paid for it.

25.4.4 Clauses 25.4.2 and 25.4.3 do not apply where StoneDevices suspends or terminates on grounds of suspected fraud, unauthorised use of a payment method, a restriction under the export control or sanctions requirements referred to in §22, or use of the Products for an unlawful purpose. In those cases StoneDevices may withhold production, encoding, and delivery, and will, subject to Applicable Laws and to any legal or regulatory restriction on making the payment, refund amounts paid in respect of undelivered Products instead of completing the Order.

§26. GENERAL PROVISIONS

26.1 Entire Agreement: These Terms, together with the Privacy Policy, the Design Submission Agreement, and any order confirmation, constitute the entire agreement.

26.2 Severability: Invalid provisions shall be modified to the minimum extent necessary or severed. Remaining provisions continue in full force.

26.3 Waiver: Failure to enforce any right does not constitute waiver. Waivers must be in writing.

26.4 Amendment: We reserve the right to update these Terms at any time. Updated Terms will be posted with a revised "Last Updated" date. Material changes will be communicated via email or Site notice. Any amendment applies prospectively only, that is, to use of the Site on and after the date the amended Terms take effect and to Orders placed on and after that date. The Terms applying to an Order are those in force at the time the Order was placed, and no amendment varies, or has any effect on, an Order already placed. Continued use of the Site after the amended Terms take effect constitutes acceptance of them in respect of that use and future Orders.

26.5 Assignment: You may not assign without prior written consent. StoneDevices may assign to any affiliate, successor, or acquirer.

26.6 Notices: All notices under these Terms shall be delivered by email. Notices are deemed received on the next business day following transmission, provided no delivery failure notification is received by the sender.

Notices from StoneDevices to the Customer shall be sent to the email address registered with the Customer's Account or provided in connection with the Customer's Order.

Notices from the Customer to StoneDevices shall be sent from the email address registered with the Customer's Account or provided in connection with the Customer's Order, to inbox@nfckey.com for operational matters or legal@stonedevices.com for legal matters. StoneDevices is not obliged to act on notices sent from any other email address. StoneDevices may, at its discretion, accept notices from alternative email addresses upon verification of the Customer's identity.

26.7 Survival: Provisions relating to IP, liability, indemnification, warranty disclaimers, and governing law survive termination.

26.8 Relationship of the Parties: Nothing creates a partnership, joint venture, agency, or employment relationship.

26.9 Language: The English version prevails over any translation.

§27. CONFIDENTIALITY OF CUSTOMER INFORMATION

27.1 StoneDevices will treat Customer-provided Confidential Information (including pricing quotations, encoding data, encryption keys, unreleased artwork and design files, and specific deployment configurations) with reasonable care and will not disclose it to third parties except to employees, contractors, or advisors who need access to perform the Order.

27.2 StoneDevices may identify the Customer by business name and logo as a user of NFCKEY Products in marketing materials, case studies, and social media, provided no Confidential Information is disclosed. The Customer may withdraw this permission at any time by written notice to inbox@nfckey.com, and StoneDevices will cease new use within thirty (30) days of receiving the notice.

27.3 This obligation survives for three (3) years after termination of the business relationship.

§28. CONTACT INFORMATION

If you have any questions, concerns, or complaints regarding these Terms, the Site, or our Products and Services, please contact us:

Stone Devices Sdn. Bhd.
Company Registration No. (SSM): 202201038590 (1484287-D)
No 25, Jalan Ipark SAC 4, 81400 Senai, Johor, Malaysia

General Support: inbox@nfckey.com
Legal Enquiries: legal@stonedevices.com
Website: www.nfckey.com