Agreement to Purchase

By signing the Purchase Order Form, the Purchaser acknowledges and agrees that they are entering into a binding commitment with the Company for the creation of a fully custom, made-to-order laboratory-grown diamond produced using the Purchaser’s submitted hair or ashes sample (the “Product”). The Purchaser understands that the Product is uniquely created for them, based on their individual specifications and biological materials, and that it is not a standardized or mass-produced item. Accordingly, the Purchaser agrees that the Product is inherently personal and non-returnable, and that, except as expressly permitted during the rescission period described in these Terms and Conditions, all payments become non-refundable once production begins.

The Purchaser confirms that they have reviewed the Purchase Order Form, understand the nature of the Product, and accept that the creation process involves scientific and artistic elements that are subject to natural variation and cannot be precisely controlled. The Purchaser further acknowledges that they have not relied on any marketing materials, photographs, videos, testimonials, statements, or examples—whether provided online, in printed form, or verbally—as a guarantee of any specific outcome, appearance, color, clarity, or characteristics of the final Product. Any such materials are illustrative only and are not a representation or warranty of the final result.

The Purchaser understands and agrees that the Company’s obligation is to follow its established processes for the creation of a personalized laboratory-grown diamond using material derived from the Purchaser’s sample, but that the exact characteristics of the resulting Product cannot be assured in advance. The Purchaser therefore accepts the inherent uncertainty associated with the creation of a memorial diamond and acknowledges that reasonable deviations in appearance, including but not limited to color, tone, inclusions, clarity, size, and visual presentation, shall not constitute a defect or breach of contract.

The Purchaser further acknowledges that the Product may carry personal or emotional significance to them, but that such significance is subjective and personal to the Purchaser. The Purchaser agrees that the Company does not assume responsibility for, and shall not be held liable for, any sentimental, emotional, or non-economic value associated with the Product or the sample used to create it. The Purchaser expressly waives any claims for emotional distress, sentimental damages, or similar non-economic losses in connection with the purchase, creation, handling, or delivery of the Product.

By signing the Purchase Order Form, the Purchaser affirms that they have read and understand these Terms and Conditions in full, that they have had the opportunity to ask questions or request clarification, and that they enter into this Agreement to Purchase knowingly, voluntarily, and with full acceptance of the custom nature, variability, and inherent risks associated with the creation of the Product.

To the fullest extent permitted by applicable law, the Purchaser agrees that any claim, dispute, controversy, or cause of action arising out of or relating to this Agreement, the Purchase Order Form, the Manufacturing Process, the Product, the handling of the Sample, or any interaction with the Company shall be brought solely in the Purchaser’s individual capacity and not as a plaintiff, class member, or representative in any purported class, collective, consolidated, mass, group, private attorney-general, or similar representative proceeding. The Purchaser expressly waives any right to participate in, or to receive relief under, any class action, class arbitration, mass arbitration, collective action, or representative litigation against the Company. The Purchaser acknowledges that this Class Action Waiver is a material and essential part of this Agreement, and that it reflects a knowing, voluntary, and bargained-for limitation on dispute resolution procedures. If any court or tribunal determines that this waiver is unenforceable with respect to a particular claim, then such claim must be severed and litigated on an individual basis, and the remaining provisions of this Agreement shall remain in full force and effect.

Definitions

For purposes of this Purchase Order Form and the accompanying Terms and Conditions (collectively, this “Agreement”), the following terms shall have the meanings set forth below. Defined terms may be used in the singular or plural form as the context requires.

“Agreement” means this Purchase Order Form together with all Terms and Conditions, policies, schedules, attachments, and written amendments signed by both Parties, which collectively govern the Purchaser’s order of the Product.

“Company” means Heart In Diamond, including its brand owner, affiliates, authorized representatives, laboratories, subcontractors, distributors, personnel, delivery partners, and any other entity engaged by the Company in connection with the creation, handling, transportation, or delivery of the Product.

“Product” means the custom laboratory-grown diamond produced using carbon and trace microelements extracted from the Purchaser’s submitted sample of human or animal hair or ashes, and thereafter cut, polished, finished, and certified in accordance with the Company’s processes.

“Purchaser” means the individual or entity identified on the Purchase Order Form who submits the sample, places the order, and is financially and legally responsible for the purchase of the Product under this Agreement.

“Sample” means the biological material provided by the Purchaser, including, without limitation, hair or ashes, from which the Company extracts carbon and microelements for the purpose of creating the Product. For clarity, “Sample” includes all components of the biological material submitted, regardless of form or condition, and may include any residue, carbon, or substances derived from or associated with the Sample during processing.

“Purchase Order Form” means the written order document executed by the Purchaser that specifies the details of the Product, including size range, color option, cut, selected jewelry setting (if any), shipping information, pricing, and payment plan.

“Prepayment” means the deposit amount required to initiate acceptance and processing of the Purchase Order Form, as set forth in the Payment Terms, and includes any initial payment tendered under a payment plan.

“Manufacturing Process” means the Company’s proprietary and confidential scientific procedures used to create the Product, including but not limited to sample transportation, carbon extraction, purification, supplementation with generic pure carbon, high-pressure and high-temperature (HPHT) synthesis, thermobaric or annealing treatments, cutting, polishing, inspection, and certification.

“Order Completion Date” means the Company’s estimated timeline for creating and delivering the Product, subject to change based on scientific limitations, laboratory scheduling, production constraints, sample characteristics, and other variables inherent in the Manufacturing Process.

“Certificate of Authenticity” means the Company-issued document accompanying the Product, confirming that the Product is a personalized laboratory-grown diamond created using the Purchaser’s Sample.

“Diamond Grading Report” means a grading document issued by the Company’s selected laboratory (e.g., GIA, EGL, IGI, or other recognized gemological institute), describing characteristics of the finished Product such as color, clarity, cut, and weight.

“Force Majeure Event” means any event or circumstance that prevents or materially delays a Party’s performance under this Agreement and that is beyond such Party’s reasonable control, including but not limited to natural disasters, acts of God, war, labor shortages, governmental restrictions, supply limitations, laboratory closures, equipment failures not caused by negligence, or disruptions in transportation or logistics.

“Business Days” means Monday through Friday, excluding federal holidays recognized in the United States and any other day on which the Company’s laboratory or administrative offices are officially closed.

“Parties” or “Party” means the Purchaser and the Company, individually or collectively, as applicable.

Color Variations

Due to the unique custom-made nature of the Product, the Purchaser accepts that the exact color of the Product will be subject to the variations caused by the diamond creation process. The following guidelines apply:

• Orange-Yellow combination of various tones and shades of yellow and orange.
• Yellow-Green combination of various tones and shades of yellow and green.
• White - Product in this option can carry slight blue or yellow tint and color can vary from D to Z on GIA scale.
• Pink - combination of various tones and shades of pink.
• Black – combination of various tones and shades of black.
• Violet - combination of various tones and shades of violet.
• Blue - combination of various tones and shades of blue. Saturation of the Product can vary from Faint to Fancy Deep.

Payment Terms

The Purchaser agrees that the Product is a custom, made-to-order item and that production will not begin until the required prepayment has been received and confirmed by the Company. At the time of signing the Purchase Order Form and these Terms and Conditions, the Purchaser shall remit a prepayment equal to 50% of the total order price. The Purchaser acknowledges that the Company does not accept or process any order, nor is the Company deemed to have accepted the Purchase Order Form, until the applicable prepayment has cleared.

For Purchasers paying the remaining balance in a single lump sum (i.e., not participating in a payment plan), the final payment must be received no later than five (5) Business Days prior to the scheduled delivery date of the Product. If the Purchaser elects to pay by check, the final balance must be received and cleared no later than fourteen (14) Business Days prior to delivery. If any payment is returned, rejected, or fails to clear for any reason, the Purchaser authorizes the Company to suspend production and/or delivery until full payment is received and confirmed.

If the Purchaser participates in a payment plan, the Purchaser agrees to make all installment payments according to the schedule outlined in the corresponding Payment Plan Agreement with accordance with Affirm company’s Terms and Conditions

The Purchaser further agrees that chargebacks, payment disputes, or revocations of authorization are strictly prohibited due to the customized and irreversible nature of the Product. In the event of a chargeback or payment reversal initiated by the Purchaser, the Purchaser acknowledges that the Company shall have the right to (i) suspend or cancel production; (ii) retain all amounts paid as liquidated damages; and (iii) pursue collection, legal remedies, and reimbursement of all costs incurred, including attorneys’ fees, collection agency fees, and bank penalties.

All payments shall be made in U.S. Dollars and must be issued using one of the payment methods accepted by the Company. The Purchaser is solely responsible for any bank fees, transfer fees, currency conversion fees, or financial charges associated with their chosen method of payment.

Communication and Consent to Text/Email

he Purchaser acknowledges and agrees that effective communication is necessary for the processing, production, and delivery of the Product, and therefore expressly authorizes the Company to contact the Purchaser using the email address, phone number, and mailing address provided in the Purchase Order Form. The Purchaser consents to receive communications from the Company in any reasonable form, including but not limited to email, SMS/text messages, phone calls, prerecorded messages, and automated or system-generated notifications, for purposes related to: (i) order confirmation; (ii) requests for additional information or Sample-related clarification; (iii) updates on production status, delays, or laboratory findings; (iv) payment reminders, billing issues, or failed payment notifications; (v) shipping or delivery scheduling; and (vi) any matter necessary to fulfill the obligations of this Agreement.

The Purchaser understands and agrees that certain communications, including SMS/text messages, may be sent using automated technology or messaging systems, and that such communications may be subject to standard message and data rates imposed by the Purchaser’s mobile carrier. The Purchaser affirms that they are the lawful owner or authorized user of the phone number and email address provided and agree to notify the Company immediately of any change to such contact information. The Purchaser further agrees that failure to update contact information may result in delays in production or delivery for which the Company shall not be held liable.

The Purchaser may opt out of marketing-related email or text messaging at any time by following the unsubscribe instructions in the communication. However, the Purchaser understands and agrees that operational, transactional, and order-related communications cannot be opted out of during the term of this Agreement, as such communications are essential to processing and delivering the Product.

To the fullest extent permitted by law, the Purchaser agrees to indemnify and hold the Company harmless from any claims, penalties, liabilities, or damages arising out of the Purchaser’s failure to (i) provide accurate contact information, (ii) update contact information promptly, or (iii) properly notify the Company if the Purchaser discontinues or transfers ownership of the phone number or email address provided.

License to Use Customer Testimonials and Photos

The Purchaser acknowledges that the Company may request permission to use the Purchaser’s testimonial, written statements, photographs, videos, or images of the Product (including any accompanying jewelry settings), as well as any photographs or videos voluntarily provided by the Purchaser that depict the Purchaser, the deceased individual or pet being memorialized, or the Purchaser’s experience with the Product (collectively, the “Customer Content”). No Customer Content will be used without the Purchaser’s express written consent, which may be provided through the Purchase Order Form, email, online submission, release form, or any other written method approved by the Company.

Upon granting written consent, the Purchaser grants the Company a non-exclusive, worldwide, royalty-free, transferable, sublicensable, perpetual license to use, reproduce, publish, display, perform, edit, distribute, and otherwise exploit the Customer Content in any format or media, whether now known or later developed, for purposes including but not limited to marketing, advertising, promotions, website content, printed materials, social media, public relations, and customer education.

The Purchaser represents and warrants that any Customer Content they provide is accurate, truthful, and does not infringe upon the rights of any third party. The Purchaser agrees that the Company may edit, crop, enhance, or otherwise modify Customer Content, provided such modifications do not materially misrepresent the Purchaser’s original statements.

The Purchaser understands that once Customer Content is publicly shared by the Company, it may be copied or redistributed by third parties outside of the Company’s control. The Company shall not be held liable for any use, reproduction, or distribution of Customer Content by such third parties.

The Purchaser may revoke consent for future use of Customer Content by submitting a written revocation to the Company; however, the Purchaser acknowledges that (i) revocation will not require the Company to remove or recall any materials already printed, published, or distributed, and (ii) the Company is not obligated to remove past posts or publications containing Customer Content.

Nothing in this section obligates the Purchaser to provide Customer Content or to grant the Company permission to use it, and refusal or revocation of consent shall have no impact on the Purchaser’s ability to purchase or receive the Product.

Intellectual Property

The Purchaser acknowledges and agrees that all intellectual property rights associated with the Company, its brand, its laboratories, its scientific methods, and its materials—whether registered or unregistered—are and shall remain the exclusive property of the Company. This includes, without limitation, all proprietary formulas, laboratory procedures, manufacturing techniques, carbon extraction processes, diamond growth methodologies, treatment processes, polishing specifications, design concepts, quality-control protocols, data models, trade secrets, business methods, documentation, manuals, images, product descriptions, videos, marketing materials, trademarks, logos, website content, and any other materials or information created, developed, or provided by the Company (collectively, the “Company IP”).

The Purchaser understands that by purchasing the Product, they are acquiring only the finished physical Product and no rights, title, interest, or license—express or implied—in or to any Company IP. The Purchaser shall not: (i) reproduce, reverse engineer, disclose, publish, sublicense, or create derivative works from any Company IP; (ii) use Company IP for any commercial, competitive, or educational purpose; or (iii) claim ownership or authorship of any Company IP, methodologies, or proprietary processes used to create the Product.

The Purchaser agrees that all communications, instructions, order updates, certificates, grading documents, media, and informational materials provided by the Company are owned exclusively by the Company and may not be reproduced, distributed, posted online, or used in any manner without the Company’s prior written consent. Nothing in this Agreement grants the Purchaser any rights under patent, trademark, copyright, or trade secret law.

The Purchaser further acknowledges that the Company’s use of the Purchaser’s Sample does not transfer, diminish, or otherwise affect the Company’s exclusive ownership of all Company IP, processes, or technological methods utilized during the creation of the Product.

The Company reserves all rights not expressly granted to the Purchaser under this Agreement.

Trade Secret and Confidentiality Protection

The Purchaser acknowledges and agrees that all scientific methods, laboratory procedures, analytical techniques, production workflows, chemical processes, quality-control measures, vendor relationships, subcontractor identities, equipment specifications, operational protocols, and all other details related to the Manufacturing Process constitute confidential, proprietary information and trade secrets belonging exclusively to the Company. These processes are the result of significant investment, research, and development, and are protected under applicable trade secret, intellectual property, and confidentiality laws.

Accordingly, the Purchaser understands and agrees that they have no right to request, and the Company has no obligation to disclose, any technical, scientific, operational, or proprietary information relating to the creation of the Product. This includes, without limitation, any descriptions of laboratory processes, step-by-step production methods, internal laboratory reports, chemical or physical analysis data, forensic information, interim or raw scientific findings, internal quality-control documentation, or any information that is subject to nondisclosure agreements with third-party laboratories, partners, or suppliers. The Purchaser further understands that the identities of the Company’s laboratory partners, subcontractors, suppliers, scientific personnel, or specialized vendors are confidential and shall not be disclosed under any circumstances.

The Purchaser acknowledges that any information voluntarily disclosed by the Company, whether related to general educational content, marketing materials, or high-level production updates, is provided solely at the Company’s discretion and does not create any continuing obligation to provide future disclosures. Any such voluntary disclosures shall not waive, diminish, or impair the Company’s rights to maintain the confidentiality of all trade secrets and proprietary information.

The Purchaser expressly waives any claim, dispute, chargeback, offset, withholding, or other remedy based in whole or in part on the Company’s refusal to disclose protected information described in this section. The Purchaser agrees that these confidentiality protections are material to the Company’s willingness to enter into this Agreement and are fundamental to the nature of the Product and the proprietary processes required for its creation.

Rescission Period

The Purchaser is entitled to a rescission period of seven (7) Business Days beginning on the date the Purchaser signs the Purchase Order Form and these Terms and Conditions (the “Rescission Period”). During the Rescission Period, the Purchaser may cancel the Purchase Order Form for any reason by submitting a written cancellation request to the Company. A cancellation request is effective only upon the Company’s written acknowledgment of receipt.

If a valid cancellation request is submitted within the Rescission Period, the Purchaser will receive a refund of the full prepayment made, provided that all funds have successfully cleared. Any Sample submitted by the Purchaser will be returned by the Company either (i) via secure courier to the address listed on the Purchase Order Form, or (ii) made available for in-person collection at a designated Company location. The Purchaser acknowledges that the Company will not release a Sample to any third party without the Purchaser’s explicit written authorization.

Upon expiration of the Rescission Period, the Purchaser understands and agrees that the order becomes final, non-cancellable, and non-refundable, and that all amounts paid—including deposits—may be retained by the Company due to the custom, personalized, and irreversible nature of the Product and the Company’s reliance on the Purchaser’s commitment. No refunds shall be issued after the Rescission Period except in the limited circumstance in which the Company determines, in its sole discretion, that it is unable to fulfill the order due to factors unrelated to the Sample, the Purchaser, or the inherent risks of the Manufacturing Process.

For the avoidance of doubt, the Purchaser acknowledges that buyer’s remorse, changes in personal circumstances, emotional hardship, or dissatisfaction with the anticipated characteristics of the Product shall not constitute grounds for cancellation or refund after the Rescission Period has ended.

Sample Ownership and Rights

The Purchaser warrants that samples provided by him/her for the purposes of creation of the Product, are legally possessed by him/her and have not been encumbered by any third parties‘ claims. The Purchaser warrants that no consent of third parties is required to use samples for the purposes of the creation of the Product. In the event of any claims and/or disputes connected to the right to the samples, the Purchaser shall be liable him/herself and shall settle all differences at his/her own expense.

Sample Processing Acknowledgment

The Purchaser does hereby acknowledge that he/she is aware that any samples of hair he/she provides for the purposes of creation of the Product will be subjected to processing in order to obtain a set of microelements inherent to a specific man or animal, in order to provide personalized basis for creation of the Product.

Sample Submission Requirements

The Purchaser must provide the Company with the sample of hair or ashes. The sample can be collected by a Company‘s representative (depending on a representative‘s availability within your location), delivered by the Purchaser in person or sent to the address provided in the Ordering Instructions. Heart In Diamond strongly recommends using secure Mail registered delivery service as we will not accept any responsibility for samples lost during transportation from the Purchaser to Heart In Diamond.

Sample Handling Procedures

The Purchaser understands and agrees that samples will be used by the Company in accordance with its internal procedures, including, but not limited to: transportation, analysis, extraction of microelements for the purposes of creation of the Product, standby storage, etc.

Disclaimer

To the fullest extent permitted by applicable law, the Company provides the Product, all services, and all related communications, updates, reports, estimates, and timelines “AS IS” and “AS AVAILABLE,” without any warranties, representations, or guarantees of any kind, whether express, implied, statutory, or otherwise. Without limiting the generality of the foregoing, the Company expressly disclaims any and all warranties regarding: (i) the appearance, color, clarity, size, inclusions, or characteristics of the finished Product; (ii) the sufficiency, purity, or carbon composition of the Purchaser’s Sample; (iii) the outcome or success of the Manufacturing Process; (iv) the accuracy of any estimates, production timelines, or communications relating to order progress; (v) merchantability or fitness for a particular purpose; and (vi) non-infringement.

The Purchaser acknowledges that all images, samples, marketing materials, color charts, size guides, and other descriptive content provided by the Company are illustrative only, may vary significantly from the final Product, and do not constitute a guarantee, warranty, or representation regarding the specific characteristics of the Purchaser’s Product.

The Purchaser further acknowledges that the Company does not warrant uninterrupted access to communication systems, production updates, email notifications, or online platforms, and shall not be liable for delays caused by technological issues, third-party service disruptions, carrier delays, laboratory scheduling, supply constraints, or any other factors outside the Company’s reasonable control.

Nothing in this Agreement shall be construed as a promise or guarantee of a particular result, and the Purchaser accepts all risks inherent to the creation of a custom laboratory-grown diamond.

Indemnification

To the fullest extent permitted by law, the Purchaser agrees to indemnify, defend, and hold harmless the Company and its officers, owners, directors, employees, agents, laboratories, subcontractors, affiliates, representatives, and delivery partners (collectively, the “Indemnified Parties”) from and against any and all claims, demands, losses, damages, liabilities, penalties, fines, costs, expenses, and attorneys’ fees arising out of or related to:

The Purchaser’s breach of this Agreement or any representation, warranty, or obligation herein;

Any dispute regarding ownership, rights, or lawful possession of the Sample, including claims brought by family members, heirs, estates, or third parties;

The Purchaser’s submission of incorrect, mislabeled, contaminated, or unauthorized Samples;

The Purchaser’s misuse, handling, or alteration of the Product after delivery, including but not limited to damage related to heat, pressure, improper jewelry setting, or negligence;

The Purchaser’s failure to provide accurate contact information, payment authorization, or required updates to such information;

Claims arising from the Purchaser’s use or disclosure of any Company IP, marketing materials, photographs, or proprietary content without authorization;

Losses or claims arising from delivery delays, courier issues, or failure by the Purchaser to receive or retrieve the Product or Sample in a timely manner;

Any third-party reliance on statements, representations, or promises made by the Purchaser regarding the Product or the Company.

The Purchaser agrees that the duty to defend arises immediately upon the assertion of a claim and is not contingent upon a finding of fault. The Purchaser further agrees that the Company shall have the right to select its own counsel and to approve any settlement that may affect its rights or obligations.

This indemnification obligation shall survive completion of the order, delivery of the Product, expiration of the Rescission Period, and termination of this Agreement.

Chain of Custody

The Company maintains internal procedures designed to safeguard the handling, transportation, processing, and storage of the Purchaser’s Sample; however, the Purchaser acknowledges and agrees that all chain-of-custody processes utilized by the Company are commercially reasonable procedures, not forensic or scientifically certified methods. Upon receipt of the Sample, the Company will log identifying information as provided by the Purchaser and will transport the Sample through the Company’s internal specialists, laboratories, and subcontractors as necessary to perform the Manufacturing Process.

The Purchaser understands that the Company does not and cannot perform independent forensic identity verification of the Sample, and relies entirely on the accuracy of the information, labeling, and representations provided by the Purchaser at the time of submission. The Company shall not be liable for any claims arising from incorrectly labeled, misidentified, contaminated, mixed, or substituted Samples provided by the Purchaser or any person acting on the Purchaser’s behalf.

The Purchaser acknowledges that during carbon extraction, purification, and high-temperature processing, the Sample will undergo irreversible transformation and will lose its original form, structure, and composition. Once carbon is extracted and merged with supplemental pure carbon (where needed), the Sample and its derivatives cannot be separated, returned, or visually identified. The Company may, at any point in the Manufacturing Process, engage reputable third-party laboratories or subcontractors to assist in handling or processing the Sample, and the Purchaser expressly authorizes such participation.

The Company will maintain reasonable records of the receipt, processing, and transfer of the Sample within its facilities; however, the Purchaser understands that no chain-of-custody system can guarantee absolute traceability, and the Company shall not be responsible for any perceived loss of identity, sentimental value, or emotional distress arising from any handling of the Sample conducted in accordance with this Agreement.

Authentication and Grading Limitations

The Purchaser acknowledges and agrees that all grading, assessment, and certification of the Product—including but not limited to color, clarity, cut, carat weight, inclusions, fluorescence, and any other gemological characteristics—are subject to the limitations inherent in the creation of laboratory-grown diamonds produced using biological carbon. The Company will provide a Certificate of Authenticity confirming that the Product was created using the Purchaser’s Sample and may provide a grading document issued by a recognized gemological laboratory; however, the Purchaser understands that all grading is based on professional opinion, may vary among laboratories, and is not an exact science.

Gemological grading institutes such as GIA, IGI, or EGL may apply different standards, methodologies, or tolerances, and therefore two separate grading evaluations may not yield identical results. The Purchaser accepts that grading assessments are inherently subjective, approximate, and may differ slightly from internal measurements, Company representations, or Purchaser expectations.

The Purchaser understands that the Product may exhibit inclusions, color zoning, structural characteristics, or other natural artifacts resulting from the unique composition of the Sample and the high-temperature, high-pressure manufacturing environment. Such characteristics do not constitute defects and do not entitle the Purchaser to a refund, replacement, or price adjustment beyond what is expressly stated in this Agreement.

The Purchaser further acknowledges that certification, laser inscription, grading reports, and any accompanying documentation are provided as a service and are not guarantees of future value, resale price, investment potential, or market acceptance. The Company makes no warranties regarding secondary-market appraisal values or any future evaluations performed by third parties.

To the fullest extent permitted by law, the Company disclaims any liability arising from differences in grading results, lab-to-lab discrepancies, subjective interpretations, or any reliance placed by the Purchaser or third parties on grading or certification documents accompanying the Product.

Shipping Delivery and Risk of Loss

The Purchaser acknowledges and agrees that due to the high value and irreplaceable nature of the Product and any associated Sample materials, the Company may utilize secure courier services, insured carriers, or in-person delivery by an authorized Company representative, depending on availability and location. The Purchaser shall provide a complete, accurate, and secure delivery address at the time of ordering and shall ensure that an authorized adult is available to receive and sign for the shipment. The Company shall have no liability for delays, rescheduling, or complications arising from inaccurate or incomplete delivery information provided by the Purchaser.

Risk of loss, theft, damage, or misdelivery transfers to the Purchaser immediately upon the Product’s release to the carrier, regardless of whether the carrier requires signature upon delivery. The Company’s responsibility for the Product ends once it is handed to the carrier. The Purchaser agrees to pursue any claims for shipping loss, transit damage, or carrier-related issues directly with the courier or carrier, and the Purchaser waives any claims against the Company arising from events occurring after carrier possession.

If the Purchaser fails or refuses to accept delivery, provides an incorrect address, or otherwise impedes delivery, the Purchaser shall bear all additional costs of re-delivery, storage, handling, or return shipment. The Company may, at its discretion, require additional verification of identity before releasing the Product.

Any estimated delivery window provided by the Company is an approximation only. The Company shall not be liable for delays caused by carriers, customs inspections, weather conditions, force majeure events, production constraints, or any circumstances outside the Company’s direct control.

Returned Sample Limitations

The Purchaser acknowledges that the Sample submitted for the creation of the Product undergoes irreversible scientific processing, including carbon extraction, purification, micronization, and blending with generic pure carbon as necessary to facilitate diamond growth. As a result, the Sample will lose its original form, composition, and structure and cannot be returned in its original or recognizable state once processing begins.

If the Purchaser submits a valid cancellation request within the Rescission Period and the Sample has not yet undergone processing, the Company will return the Sample via secure courier or make it available for in-person collection. The Company shall not be responsible for any sentimental, emotional, or non-economic damages related to perceived changes in the Sample’s condition during normal handling, transportation, or short-term storage.

If processing of the Sample has already begun—whether through preliminary testing, analysis, carbon extraction, or any preparatory stage—the Sample, its derivatives, and any residual materials cannot be returned under any circumstances. The Purchaser acknowledges that carbon extracted from the Sample may have been commingled with supplemental pure carbon, processed independently, consumed in laboratory procedures, or otherwise rendered inseparable.

In the event that production cannot proceed due to insufficient carbon or an unintentional loss of material during processing, the Company’s sole obligation is to notify the Purchaser and provide the remedies expressly set forth in this Agreement. The Company shall have no obligation to preserve, retrieve, isolate, or return any Sample derivative, residue, carbon matter, or associated by-products.

The Purchaser agrees that limitations on Sample return are fundamental to the nature of the services provided and do not constitute a deficiency, failure of performance, or basis for any claim against the Company.

Chargeback Waiver

The Purchaser acknowledges and agrees that, due to the highly customized and irreversible nature of the Product and the scientific processes required to create it, all payments made under the Purchase Order Form are final and non-refundable after expiration of the Rescission Period, except where expressly stated otherwise in this Agreement. The Purchaser further acknowledges that once production begins, significant laboratory work, material allocation, and processing of the Sample occur immediately and cannot be reversed or undone.

Accordingly, the Purchaser irrevocably waives any right to initiate, request, or pursue a chargeback, dispute, reversal, clawback, or refund request with any bank, credit card issuer, payment processor, or financial institution for any payment made under this Agreement, except to the limited extent expressly permitted herein. The Purchaser agrees that initiating a chargeback in violation of this Agreement constitutes a material breach and may result in legal action by the Company to recover all amounts owed, including the original purchase amount, administrative fees, collection costs, and reasonable attorneys’ fees.

If the Purchaser nonetheless submits a chargeback, the Purchaser agrees that the Company shall have the right to provide this Agreement, all communications, and all evidence of services performed to the issuing bank or processor to contest the chargeback. The Purchaser expressly acknowledges that this Agreement shall serve as conclusive written authorization for all payments made.

This Chargeback Waiver is a material condition of the Company’s acceptance of the Purchaser’s order and the commencement of the diamond-creation process.

Third-Party Services

The Purchaser acknowledges that certain aspects of the order fulfillment process may involve independent third-party service providers, including but not limited to: jewelers, gemological laboratories (GIA, EGL, IGI, or others), engravers, couriers, insurers, certification entities, customs brokers, and other specialized vendors. The Company may coordinate or facilitate these services on the Purchaser’s behalf, but all third-party service providers operate independently and are not employees, agents, or subcontractors of the Company.

The Company does not control, supervise, or guarantee the performance, timelines, pricing, workmanship, or outcomes of any third-party services, and shall not be liable for delays, defects, errors, or damages arising out of or related to such services. Any warranties, assurances, or guarantees relating to third-party work—including ring sizing, jewelry setting, certification timelines, or engraving accuracy—are strictly between the Purchaser and the applicable third-party provider.

If the Purchaser chooses to have the Product set into jewelry, resized, altered, engraved, or otherwise handled by an outside jeweler or craftsman, the Purchaser assumes all associated risks. The Purchaser is responsible for ensuring that the jeweler understands any limitations specific to the Product—including restrictions on heat exposure and handling—and the Company shall not be responsible for damage caused during such third-party handling.

Any additional costs, taxes, customs duties, import fees, insurance, or service charges imposed by third-party providers are the sole responsibility of the Purchaser. The Company may, at its discretion, provide guidance or recommendations regarding third-party vendors, but such recommendations are provided solely as a courtesy and do not constitute endorsements or warranties of any kind.

Non-Disparagement

The Purchaser agrees that they shall not publish, post, communicate, or disseminate any false, misleading, inaccurate, or defamatory statements about the Company, its employees, its laboratories, its processes, or its products, whether online, in writing, orally, or through any social media or digital platform. This Non-Disparagement clause does not prohibit the Purchaser from expressing honest opinions or subjective experiences made in good faith; however, it strictly prohibits intentional statements made with knowledge of their falsity, with reckless disregard for the truth, or for the purpose of harming the Company’s reputation, interfering with its business operations, or influencing ongoing transactions.

The Purchaser understands that the Product involves scientific processes that may be misunderstood by individuals lacking specialized knowledge, and that criticism based on incorrect assumptions does not excuse the publication of false or harmful allegations. The Purchaser acknowledges that negative statements made in bad faith can materially harm the Company due to the sensitive and emotional nature of memorial diamonds and the reliance customers place on the Company’s reputation.

Violation of this Non-Disparagement provision constitutes a material breach of the Agreement and may entitle the Company to pursue legal remedies, including but not limited to injunctive relief, temporary or permanent restraining orders, removal of offending content, recovery of damages, and reimbursement of attorneys’ fees incurred in enforcing this provision. The Purchaser agrees that the Company shall be entitled to seek equitable relief without the necessity of posting a bond or proving actual damages.

Modification of Terms

The Purchaser acknowledges and agrees that these Terms and Conditions, together with the executed Purchase Order Form, constitute the full and final agreement between the Parties regarding the purchase, manufacture, and delivery of the Product. No verbal statements, assurances, promotional materials, or representations—whether made by sales personnel, representatives, or any third party—shall amend, modify, supplement, or alter the terms of this Agreement unless expressly set forth in a written amendment signed by both Parties.

The Company reserves the right to revise, update, or modify its general policies, procedures, pricing structures, or product guidelines from time to time; however, no modification shall apply to an existing, fully executed Purchase Order Form unless mutually agreed to in a written instrument signed by both the Purchaser and an authorized representative of the Company. Any proposed modification by the Purchaser shall not be binding on the Company unless and until expressly accepted in writing.

The Purchaser understands that any requests to change order details—including but not limited to color selections, size, cut, jewelry settings, engraving, certification requests, delivery timing, sample submission details, or payment method—are subject to the Company’s approval and may require additional fees, production delays, or a separate written amendment. The Company is under no obligation to accommodate changes once production has begun or materials have been allocated.

No employee, agent, or representative of the Company has authority to waive or alter any provision of this Agreement except through a formally executed written modification. Any failure or delay by the Company in enforcing any right or provision shall not be construed as a waiver of that right or of the ability to enforce the provision in the future.

Acknowledgment of Manufacturing Conditions and Risks

The Purchaser warrants that he/she understands the following conditions set out below and agrees to them:

• The process of creation of the Product takes place in conditions of high temperatures and pressure, similar to those of a diamond creation in the Earth‘s crust; thermobaric annealing, or BHT treatment for the purposes of a change of color, where required;
• Every diamond is grown individually and may have inclusions;
• Clarity of the diamond might not meet the Purchaser‘s wishes or wishes of any third parties interested in creation of the Product;
• The risk of loss of the Product in the process of its creation is very small, but still exists;
• In order to ensure successful creation of the Product, carbon extracted from the Purchaser‘s samples will be supplemented by generic pure carbon.

By signing these Terms And Conditions, the Purchaser assumes all risks provided in the clauses above and related to manufacturing of the Product.

Variations in Final Weight

Should the weight of the finished Product be less than specified in the Purchase Order Form, the Company commits to reduce the price of the Product in accordance with the terms of the Heart In Diamond Order Options. Should the weight of the finished Product be more than that agreed between the Parties in the Purchase Order Form, the Company commits not to increase the price of the Product. Discrepancies between the actual weight of the Product and that agreed between the Parties in the Purchase Order Form Shall not constitute breach by the Company of its obligations, nor shall it constitute grounds for refusal of the Purchaser to accept the Product.

Potential Failure to Create the Product

The Purchaser understands that, in view of the complex technology involved with creation of the Product, the Product might not be successfully created for various reasons. In the event of the failure of the process for any reason, which results in the unintentional loss of the Product in the process of its creation, if the Product cannot be created anew from the remaining materials, the Company will immediately notify the Purchaser. The Purchaser will have the choice of either supplying an additional sample and proceeding with further efforts to develop the product at no additional cost to the Purchaser or to receive full refund of the prepayment. The Purchaser does hereby acknowledge that the refund of prepayment paid by the Purchaser for the Product covers all losses of the Purchaser in full, and the Company will not be liable to the Purchaser, or any third parties that may be directly or indirectly or potentially connected with this order, for any damage, whether direct or indirect or consequential or collateral or otherwise. The Purchaser understands that in such circumstances the Company will not be able to return the sample or any its components.

Insufficient Carbon in the Sample

The Purchaser understands that in view of the complex technology involved in the creation of the Product, the amount of carbon extracted from the sample may not be sufficient for the successful creation of the Product. The Purchaser understands that it is not possible to assess whether the sample contains sufficient amount of carbon before sample analysis has taken place. The Purchaser understands that the Company will not be able to return the sample or any of its components. The Purchaser does hereby acknowledge that the refund of prepayment paid by the Purchaser for the Product covers all losses of the Purchaser in full, and the Company will not be liable to the Purchaser, or any third parties that may be directly or indirectly or potentially connected with this order, for any damage, whether direct or indirect or consequential or collateral or otherwise.

Loss of Sample

The Purchaser understands and agrees that, despite the Company’s adherence to established handling protocols and the use of reputable carriers, there remains an inherent risk that a Sample may be lost, misplaced, damaged, or rendered unusable during transportation to the laboratory or during internal handling prior to processing. In the event the Company becomes aware that a Sample has been lost or cannot be recovered or used, the Company will promptly notify the Purchaser in writing. Upon receiving such notice, the Purchaser may either provide an additional Sample for processing at no additional charge or elect to receive a full refund of the prepayment made under the Purchase Order Form. The Purchaser acknowledges that these remedies constitute the sole and exclusive remedies available in connection with any loss, damage, or compromise of the Sample while in the Company’s custody or control.

The Purchaser further acknowledges and agrees that the Company will not be liable for any emotional, sentimental, or non-economic loss, nor for any indirect, consequential, incidental, special, or collateral damages relating to or arising from the loss of the Sample. The refund of the prepayment fully compensates the Purchaser for all losses or claims of any kind connected to such event. The Company shall have no responsibility for losses that occur before the Sample is in the Company’s possession, including loss or damage by third-party carriers selected by the Purchaser when sending the Sample to the Company. The Purchaser agrees that once an election is made—either to provide a new Sample or to accept a refund—such election is final, and the Purchaser waives any right to pursue additional remedies or claims against the Company. The Purchaser also understands that, in the event a Sample is lost, the Company shall not be required to attempt retrieval, reconstruction, or analysis of the Sample or to return any residual materials if any portion of the Sample was partially processed before the loss occurred. These limitations form a material part of the agreement between the Parties, and the Purchaser expressly accepts them as part of the terms governing the creation of the Product.

Order Completion Timeline

The Purchaser acknowledges that order completion terms are given as guidelines only and that Company reserves the rights to extend these order completion terms as necessary or required by the manufacturing process. The Purchaser will be notified of an approximate Purchase Order Form Completion date at the time of placing the order and will be informed about any potential delays as well as the progress of the order by the Company on regular basis. The following Purchase Order Form Completion guidelines apply:

• All color options: 90 days.
• Setting the diamonds into jewelry items and GIA/EGL/IGI certification and inscription will add approximately 30 business days in total to the order completion times.

Documentation Provided

The Company does hereby warrant that the Product will be specified as a diamond and will be accompanied by the following document: a Certificate of Authenticity and a diamond grading report. The Product is not guaranteed against willful damage, loss or theft, breakage as a result of misuse or application of temperature or pressure which may occur after the order delivery is completed. The Purchaser understands that she/he must inform the jeweler when setting the Product into jewelry items, that it cannot be subjected to direct torch heat and must be covered or protected by a heat shield.

Jewelry Settings

Due to the unique custom-made nature of the jewelry settings, the Company cannot accept responsibility for incorrect ring sizing. The company strongly recommends using a local jeweler in order to establish correct ring size before placing the order. Please note that customers are responsible for paying any local duties, taxes, and customs fees.

No Guarantee of Specific Outcome

The Purchaser acknowledges and agrees that the creation of the Product involves complex scientific processes that inherently contain variables outside the Company’s control. Accordingly, nothing in these Terms and Conditions, the Purchase Order Form, or in any discussions, representations, marketing materials, or statements made by the Company or its representatives shall be interpreted as a promise, guarantee, assurance, or warranty that the Product will be successfully created, that it will achieve any specific color, clarity, size, weight, or aesthetic characteristics, or that the final results will conform precisely to the Purchaser’s expectations or subjective preferences.

The Company commits to exercise commercially reasonable efforts, utilize industry-accepted laboratory practices, and follow its internal quality standards to attempt to create the Product in accordance with the specifications outlined in the Purchase Order Form. However, due to the inherent unpredictability of carbon extraction, the diamond-growth environment, and related processing stages, the Company cannot guarantee any specific outcome, and the Purchaser expressly accepts that the final result may vary in measurable and immeasurable ways.

The Purchaser further understands that an unsuccessful outcome—including, without limitation, failure of the crystal growth process, insufficient carbon availability, or other scientific limitations—shall not constitute a breach of contract by the Company. In such circumstances, the Purchaser’s remedies are limited solely to those expressly provided elsewhere in these Terms and Conditions. The Purchaser affirms that entering into this agreement reflects an understanding of the scientific nature of the process and the acceptance of all associated risks, including the risk that no diamond or usable material is ultimately produced.

The Purchaser acknowledges and agrees that all updates, progress reports, status communications, or other interim information regarding the manufacturing process are provided solely at the Company’s discretion. The Purchaser understands that the creation of the Product involves proprietary scientific procedures, multiple laboratory stages, and varying production timelines, and that frequent updates are neither feasible nor contractually required. The absence of interim updates shall not constitute a breach of this Agreement, shall not serve as grounds for withholding payment or disputing charges, and shall not be interpreted as evidence of delay, nonperformance, or wrongdoing by the Company. Any updates voluntarily provided by the Company shall not create an obligation to provide future updates and shall not waive the Company’s rights under this Agreement.

Force Majeure

The Party in breach of its obligations shall not be held liable for any partial or complete failure to fulfill its obligations hereunder, if it was prevented from fulfillment of its obligations by any extraordinary circumstances or circumstances that could not be reasonably prevented such as acts of god or nature(force majeure).

Severability

If any provision of this Agreement, or the application thereof to any person or circumstance, is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of this Agreement shall remain in full force and effect. The Parties agree that any such invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely reflects the Parties’ original intent, without altering the material terms or the commercial purpose of this Agreement. The validity and enforceability of the remainder of the Agreement shall not be affected or impaired thereby.

Assignment

The Purchaser may not assign, transfer, delegate, or otherwise convey any rights or obligations under the Purchase Order Form or these Terms and Conditions without the prior written consent of the Company. Any attempted assignment by the Purchaser without such consent shall be null, void, and of no legal effect.

The Company may assign or transfer this Agreement, in whole or in part, to any successor entity, affiliate, authorized distributor, or acquirer of substantial assets of the Company, without requiring further consent from the Purchaser. All rights and obligations of the Parties shall be binding upon and shall inure to the benefit of their respective permitted successors and assigns.

Governing Law

These Terms and Conditions and the Purchase Order Form shall be governed by the Laws of the State of Georgia.

Entire Agreement and Amendments

These Terms and Conditions and the Purchase Order Forms Constitute the final and only valid agreement between the Parties. All previous, concurrent, direct or indirect, or whatsoever other arrangements, understandings, discussions, etc. shall be null and void. Any amendments to or changes of these Terms and Conditions and the Purchase Order Form shall be deemed valid, only if made in writing and signed by both Parties or authorized representatives of the Parties.

Data Protection

By placing an order and entering into this Agreement, the Purchaser acknowledges and agrees that the Company must collect, process, and store certain personal information necessary to fulfill the Purchase Order Form, communicate regarding order status, verify identity, process payments, and comply with applicable legal and regulatory requirements. Such information may include, without limitation, the Purchaser’s name, address, contact details, payment information, and any other data reasonably required to perform the services described herein.

All personal information collected from the Purchaser will be handled in accordance with the Company’s Privacy Policy, which is incorporated into this Agreement by reference. The Privacy Policy describes in detail the categories of data collected, the purposes for which such data is used, the Purchaser’s rights with respect to their information, and the circumstances under which information may be shared with third parties involved in order fulfillment (such as couriers, payment processors, gemological laboratories, or jewelers).

The Purchaser affirms that they have reviewed and understand the Company’s Privacy Policy, which is available at:[Insert URL to Privacy Policy:privacy.html]

By executing this Agreement, the Purchaser grants the Company permission to contact them via email, text message, telephone, or other reasonable communication methods for order updates, production status, sample-related matters, delivery coordination, and any other communications reasonably necessary to fulfill the order.

The Purchaser agrees to provide accurate and up-to-date information and understands that failure to do so may cause delays or impact the Company’s ability to perform its obligations. The Company shall not be liable for any issues arising from inaccurate or incomplete information provided by the Purchaser.

Sample Responsibility

The samples provided by the Purchaser for the purpose of extracting carbon for the creation of a Heart In Diamond is the responsibility of the Purchaser. Heart In Diamond will extract carbon from the sample provided and create the product in accordance with our procedures. Heart In Diamond will NOT be held responsible for any claim that the sample provided was incorrect at the time of the Purchase Order.

Contact Us

For any questions regarding these Terms and Conditions, the Purchase Order Form, or the status of an order, the Purchaser may contact the Company using the communication methods listed below. The Purchaser acknowledges that all formal notices, including requests related to cancellations, amendments, or legal matters, must be submitted in writing and directed to the Company’s designated notice address as provided in this section or as otherwise updated by the Company in writing.

NAD Services LLC DBA Heart In Diamond
Address: 622 1/2 S Cloverdale Ave, Los Angeles, CA 90036, USA

The Company may update its contact information from time to time without requiring a formal amendment to this Agreement, provided that the updated information is made available in writing or published on the Company’s official website. The Purchaser is responsible for ensuring that communications are sent to the correct and current contact address. The Company shall not be liable for delays or failures in communication caused by the Purchaser sending correspondence to outdated or incorrect contact information.

Response times may vary depending on order volume, production schedules, and the nature of the inquiry. The Company does not guarantee immediate responses and shall not be liable for any perceived delays in communication.