Terms & Conditions | Nail Insider Club

Terms & Conditions

Last updated: August 1, 2026

Please read these Terms and Conditions carefully before accessing, purchasing, or using any of Our Services.

1. Interpretation and Definitions

Interpretation

Words with an initial capital letter have the meanings defined below. The definitions shall have the same meaning whether they appear in singular or plural.

Definitions

Account means an individual user account created to access any portion of the Services, including memberships, courses, community areas, digital materials, Customer Portal, or other restricted areas.

Affiliate means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of fifty percent (50%) or more of the voting interests or equivalent controlling authority.

Affiliate Link means a link through which the Company may receive a commission, referral fee, advertising fee, product, benefit, or other compensation if You click, purchase, register, or take another qualifying action.

Company (referred to as “Company,” “We,” “Us,” or “Our”) means Vikki Swan LLC, 13101 W Washington Blvd, Suite 207, Los Angeles, CA 90066, United States.

Content means all content made available through the Services, including without limitation videos, photographs, graphics, text, articles, lessons, courses, demonstrations, techniques, educational materials, manuals, PDF files, checklists, downloads, community posts created by the Company, designs, methods, presentations, recordings, feedback, evaluations, and other materials.

Customer Portal means the online account-management portal available at https://nailinsider.club/account/ or any replacement portal designated by the Company.

Digital Products means courses, guides, manuals, videos, digital downloads, digital access products, and other electronically delivered products offered by the Company.

Membership means paid or free access to Nail Insider Club, Vikki Swan Nail Academy, or another membership-based portion of the Services.

Nail Insider Club and Vikki Swan Nail Academy are names and brands under which certain Services may be marketed or provided. They are not separate legal entities from Vikki Swan LLC.

One-Time Purchase means a purchase for which the customer is charged once and which does not automatically renew unless automatic renewal is expressly disclosed and separately agreed to at checkout.

Recurring Membership means a Subscription or Membership that automatically renews or continues and results in recurring charges until canceled.

Service or Services means collectively the Websites and all products, memberships, communities, courses, digital materials, account areas, Customer Portal functions, educational content, feedback services, certificates, promotions, applications, communications, and other products, features, or services provided or operated by the Company.

Subscription means access to a Service offered on a recurring or continuous-service basis.

Terms means these Terms and Conditions.

Third-Party Service means any website, platform, product, payment processor, marketplace, software, social media service, merchant, manufacturer, retailer, or other service not owned or controlled by the Company.

User Content means photographs, images, comments, reviews, posts, files, questions, messages, work submissions, or other content submitted by You through the Services.

Websites means vikkiswan.pro, nailinsider.club, nailinsider.com, and any present or future related pages, subdomains, customer portals, community areas, mobile applications, or other online properties operated by the Company.

You means the individual accessing or using the Services, or the legal entity on whose behalf such individual is acting, as applicable.

2. Acknowledgment and Acceptance

These Terms govern Your access to and use of the Services and constitute a legally binding agreement between You and the Company.

By accessing or using the Services, creating an Account, purchasing a Digital Product, purchasing or maintaining a Membership or Subscription, submitting Content, or otherwise using the Services, You acknowledge that You have read, understood, and agree to be bound by these Terms.

If You do not agree to these Terms, You must not access, purchase, or use the Services.

Your use of the Services is also subject to Our Privacy Policy, Refund Policy, any applicable checkout disclosures, community rules, product-specific terms, and other policies incorporated into these Terms by reference.

Nothing in these Terms limits any consumer right that cannot lawfully be waived or limited.

3. Eligibility

You represent that You are at least eighteen (18) years old and legally capable of entering into a binding agreement.

The Company does not knowingly permit individuals under eighteen (18) years of age to independently purchase or maintain paid Services.

You are responsible for ensuring that Your use of the Services is lawful in the jurisdiction in which You reside, access the Services, or perform any activity based upon information obtained through the Services.

4. Nature of the Services

The Company may provide online education, informational content, professional demonstrations, community features, Digital Products, Memberships, feedback, work reviews, certificates of completion or participation, promotional materials, product recommendations, and other related Services.

The nature, availability, format, features, instructors, curriculum, included Content, access period, and functionality of individual Services may vary.

The description and terms presented on the applicable product page or checkout page at the time of purchase form part of Your agreement with the Company.

5. Accounts and Account Security

Certain Services require an Account.

You must provide accurate, current, and complete information and keep Your Account information reasonably up to date.

You are solely responsible for maintaining the confidentiality of Your username, password, login links, authentication codes, and other credentials.

Your Account and access rights are personal to You unless the Company expressly authorizes otherwise in writing.

You may not share, sell, lend, rent, sublicense, transfer, distribute, or otherwise provide Your Account or login credentials to another person.

You are responsible for activity occurring through Your Account to the extent permitted by law.

The Company may use reasonable technical and security measures, including access logs, device information, session information, IP information, digital-rights-management technology, and similar tools, consistent with Our Privacy Policy, to protect Content and identify suspected unauthorized access, account sharing, copying, or misuse.

The Company may suspend, restrict, or terminate an Account where We reasonably believe that account sharing, unauthorized access, fraud, infringement, security abuse, or another material violation of these Terms has occurred.

6. Subscriptions, Recurring Memberships, and One-Time Purchases

6.1 Recurring Memberships

Certain Memberships, including plans identified as recurring memberships or subscriptions, may be billed automatically on a recurring basis.

The applicable price, billing frequency, taxes, duration, and other material terms will be displayed at checkout before purchase.

Unless otherwise clearly stated at checkout, a Recurring Membership continues and automatically renews at the applicable billing frequency until canceled.

By purchasing a Recurring Membership, You authorize the Company and its payment processor to charge the payment method You provide for recurring amounts disclosed to You at checkout until the Membership is canceled.

The Company will obtain any affirmative or express affirmative consent required by applicable law before initiating recurring charges.

6.2 Pricing

The price applicable to Your purchase is the price displayed at checkout at the time You complete the transaction.

Prices may vary depending on Membership level, market, language, promotion, currency, geographic region, legacy pricing arrangement, or other lawful factors.

These Terms do not establish a permanent fixed price for any Service.

Applicable taxes or legally required fees may be added where required.

6.3 Billing

You agree to provide accurate and valid payment and billing information.

Payments may be processed by third-party payment processors.

You authorize such processors to process payments associated with Your purchase in accordance with the applicable payment terms.

If a recurring charge cannot be completed, the Company or its payment processor may retry the payment where permitted and may notify You of the failed payment.

The Company may suspend or terminate paid access if required payment is not successfully completed.

Any grace period provided by the Company is voluntary unless otherwise required by law and does not waive the Company’s right to require payment.

6.4 Cancellation of Recurring Memberships

You may cancel Your Recurring Membership at any time before the next renewal.

Online cancellation is available through the Customer Portal:

https://nailinsider.club/account/

You may also contact support@nailinsider.club for cancellation assistance.

Cancellation prevents future automatic renewal charges.

Unless otherwise required by applicable law or expressly provided in Our Refund Policy, cancellation does not create a refund, credit, or prorated refund for a billing period that has already been paid.

Unless otherwise stated, You may continue accessing the applicable paid Service through the end of the already-paid billing period after cancellation.

The Company will not intentionally impose unreasonable barriers designed to obstruct or delay a lawful cancellation request.

6.5 Automatic-Renewal Disclosures and Confirmation

Where required by applicable law, recurring offer terms will be clearly disclosed before purchase, including the applicable recurring price or range of charges, billing frequency, renewal terms, cancellation method, and Company contact information.

Following enrollment, the Company may provide an electronic acknowledgment or confirmation containing applicable Subscription information and cancellation instructions in a form that can be retained by You.

6.6 Renewal and Other Notices

The Company may send renewal notices, annual reminders, trial-ending notices, fee-change notices, material-change notices, and other Subscription communications where required by applicable law.

You are responsible for maintaining a valid email address and reviewing transactional communications relating to Your Membership.

6.7 Fee Changes

The Company may change prices for future purchases at any time.

If the Company changes the fee charged under an existing Recurring Membership, any required advance notice, cancellation information, and consent will be provided in accordance with applicable law before the change becomes effective.

For consumers to whom California automatic-renewal requirements apply, the Company will provide any fee-change notice required by applicable law within the legally required period.

The Company may instead discontinue an existing Membership offering and permit or require customers to affirmatively purchase a new Membership at the then-current price.

6.8 Free Trials and Promotional Pricing

The Company may occasionally offer free trials, introductory periods, discounted periods, coupons, or promotional Subscription pricing.

Any applicable duration, renewal price, billing terms, and eligibility requirements will be stated in the applicable offer.

Where required by applicable law, the Company will provide advance notice before expiration of a qualifying free, promotional, or discounted period.

6.9 One-Time Purchases

The Company may offer courses, Digital Products, fixed-term access, or other products on a One-Time Purchase basis.

A One-Time Purchase will not automatically renew unless automatic renewal is clearly disclosed and You separately agree to it.

Payment for a One-Time Purchase is due at checkout.

The applicable access period, if any, will be described on the applicable product page, offer, or checkout page.

7. Refunds

Refunds and refund eligibility are governed by the Company’s applicable Refund Policy and mandatory law.

The Refund Policies may be available at:

Except where required by applicable law or expressly provided by the applicable Refund Policy, payments for Memberships, Subscriptions, Digital Products, and other Services are non-refundable after purchase.

Cancellation of a Recurring Membership stops future renewals but does not, by itself, create a right to refund amounts already charged.

Nothing in this section limits any refund or cancellation right that cannot lawfully be waived.

8. Intellectual Property and Limited License

The Services and all original Content, features, functionality, branding, course structures, videos, educational materials, text, photographs, designs, methods of presentation, manuals, graphics, logos, and other intellectual property provided by the Company are owned by or licensed to the Company and are protected by applicable intellectual-property laws.

Purchasing a Service does not transfer ownership of any intellectual property to You.

Subject to Your compliance with these Terms, the Company grants You a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely for Your own lawful personal educational and informational use during the applicable access period.

Except where expressly authorized by the Company in writing, You may not:

  1. copy, reproduce, download, record, photograph, screen-record, audio-record, capture, archive, save, scrape, extract, transcribe, republish, transmit, distribute, share, sell, sublicense, upload, broadcast, publicly display, commercially exploit, modify, translate for redistribution, create derivative materials from, or otherwise reproduce any protected Content;
  2. share Account credentials or permit another person to access paid Content through Your Account;
  3. circumvent, disable, interfere with, bypass, or attempt to defeat any DRM, copy-protection, download restriction, access restriction, security control, watermark, technological protection measure, or other Content-protection mechanism;
  4. upload Company Content to Telegram, social media, cloud drives, messaging services, file-sharing services, websites, courses, communities, artificial-intelligence systems, databases, or any other third-party system for reproduction, training, extraction, redistribution, or commercial use;
  5. use Company Content to create, market, teach, sell, or distribute a substantially copied course, manual, training program, membership, educational product, or competing product;
  6. remove copyright notices, trademarks, watermarks, attribution, proprietary notices, or other ownership indicators;
  7. permit any unauthorized third party to use or benefit from access purchased solely for You.

Any permission to download a particular file does not authorize redistribution or commercial reproduction of that file.

Unauthorized copying, recording, distribution, account sharing, or circumvention of technological protections may result in immediate suspension or termination and may expose the responsible person to available contractual and legal remedies.

9. Community Areas and User Conduct

The Company may operate community spaces, forums, comments, messaging, feedback areas, or other interactive features.

You remain responsible for Your conduct and User Content.

You may not use community areas to engage in unlawful activity, intellectual-property infringement, harassment, threats, impersonation, fraud, deceptive conduct, unauthorized advertising, spam, unauthorized affiliate marketing, unauthorized solicitation, distribution of Company Content, distribution of another member’s private information, malware, account sharing, or conduct that materially interferes with the operation or safety of the Services.

Product links or recommendations may be permitted in particular community areas only to the extent permitted by the rules governing that area.

The Company may moderate, restrict, hide, move, or remove User Content and may suspend or terminate access for violations of these Terms or applicable community rules, to the extent permitted by law.

The Company has no obligation to pre-screen every User Content submission and does not endorse statements made by users.

10. User Content

You retain ownership of intellectual-property rights You lawfully hold in Your User Content.

By submitting User Content through the Services, You grant the Company a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, display, transmit, and otherwise use that User Content to the extent reasonably necessary to operate, administer, moderate, secure, and provide the Services requested by You.

For example, if You submit photographs for work review, feedback, or certificate evaluation, the Company may use those photographs as reasonably necessary to perform that review or evaluation.

You represent and warrant that You own or have all necessary rights and permissions for User Content You submit and that Your submission does not unlawfully violate the rights of another person.

You should not submit confidential information or photographs of another person unless You have all permissions legally necessary to do so.

The Company may retain copies where reasonably necessary for legal compliance, security, backup, fraud prevention, dispute handling, or other legitimate purposes, subject to applicable law and Our Privacy Policy.

11. Educational and Informational Purpose

Content provided through Nail Insider Club, Vikki Swan Nail Academy, and the other Services is provided for general educational and informational purposes.

The Services are not represented as a government-approved cosmetology school, state-board licensing program, statutory vocational program, professional license, or substitute for any education, apprenticeship, examination, supervision, registration, certification, permit, insurance, or license required by applicable law.

Unless expressly stated otherwise, Content is not legal, regulatory, medical, health-care, tax, insurance, or individualized professional advice.

Nail-industry laws, professional scopes of practice, sanitation rules, disinfection and sterilization requirements, permitted procedures, equipment requirements, product restrictions, and licensing requirements vary substantially between countries, states, provinces, counties, cities, and other jurisdictions and may change after Content is produced.

The Company does not represent or warrant that any particular technique, procedure, product, tool, equipment, disinfection method, sterilization method, or business practice demonstrated or discussed through the Services is lawful, permitted, suitable, or sufficient in every jurisdiction.

12. Professional Licensing and Legal Compliance

You are solely responsible for determining which laws, regulations, licensing requirements, permits, registrations, certifications, supervision requirements, professional standards, health rules, sanitation rules, scope-of-practice limitations, and other requirements apply to You.

You must not perform any regulated professional service unless You are legally authorized to perform that service in the place and circumstances in which it is performed.

Before applying a technique learned through the Services to another person, You are responsible for determining whether Your jurisdiction requires a professional license, student status, school enrollment, supervision, permit, registration, insurance, certification, or other authorization.

This obligation applies whether the person receiving the service is a customer, model, friend, family member, acquaintance, volunteer, or any other person.

The fact that a service is performed without traditional compensation, or that You accept only reimbursement for materials, tips, donations, gifts, barter, discounted compensation, or another form of value, does not relieve You of Your responsibility to determine and comply with all legal requirements that may apply.

By performing any technique demonstrated through the Services on another person, You represent and warrant that You are legally permitted to perform that activity under the laws and regulations applicable to You.

You are independently responsible for complying with all applicable instructions from manufacturers of products, chemicals, tools, lamps, drills, sterilization or disinfection equipment, and other equipment used in Your work.

13. Safety and Professional Responsibility

Any physical technique is performed entirely at Your own responsibility and risk, subject to rights that cannot lawfully be waived.

You are responsible for assessing whether a particular procedure, product, method, or tool is appropriate for the circumstances in which You choose to use it.

The Company does not control Your workplace, products, equipment, client selection, sanitation practices, licensing status, technique, implementation, or compliance with applicable laws.

You are solely responsible for Your professional decisions and for obtaining appropriate training, licenses, permits, insurance, medical guidance, regulatory guidance, or other professional assistance when necessary.

The Company does not guarantee that following educational Content will prevent injury, allergic reactions, product reactions, infection, property damage, nail damage, skin damage, professional complaints, regulatory action, customer disputes, or other adverse outcomes.

14. Certificates

The Company may, at its discretion, provide certificates associated with certain courses, programs, work reviews, or educational activities.

Any certificate issued by Nail Insider Club, Vikki Swan Nail Academy, Vikki Swan LLC, or Vikki Swan is a private educational certificate only.

Unless expressly stated otherwise in writing, a certificate merely reflects that the Company determined that the recipient completed or participated in specified educational content and/or satisfied the Company’s internal submission or review requirements.

A certificate is not:

  • a government license;
  • a State Board license;
  • a cosmetology or manicurist license;
  • government certification;
  • authorization to perform regulated services;
  • a substitute for legally required education, examination, supervision, registration, permit, or licensing;
  • a guarantee of professional competence;
  • a guarantee of employment, income, customers, results, or legal authorization to practice.

By applying for or using a certificate in connection with professional activities, You represent that You are responsible for determining and satisfying all licensing and other legal requirements applicable to those activities.

By submitting work for certificate review, You represent that the submitted work was created lawfully and that, where the applicable law required a professional license, permit, registration, lawful student status, supervision, or other authorization to perform the depicted service, You possessed the required authorization at the relevant time.

The Company may refuse to issue, correct, suspend, or revoke a certificate where the Company reasonably determines that there has been fraud, impersonation, falsification, material misrepresentation, misuse of the certificate, unauthorized copying of work, or other material violation of applicable requirements.

15. Feedback, Coaching, and Work Review

Certain Memberships may include educational feedback, coaching, commentary, or review of submitted work.

Such feedback represents educational opinion based on information and images available to the reviewer and is not a substitute for in-person assessment, professional licensing supervision, medical evaluation, legal advice, or regulatory advice.

The Company does not guarantee that following feedback will produce a particular result.

You remain solely responsible for how You use feedback and for determining whether any suggested technique or practice is lawful, appropriate, and safe under Your individual circumstances.

16. No Guarantee of Results

The Company does not guarantee any particular educational, professional, business, financial, social-media, competition, employment, customer, career, or other result from using the Services.

Testimonials, examples, awards, demonstrations, student work, before-and-after materials, or descriptions of individual results are not guarantees that another user will achieve the same or similar results.

Results depend on numerous circumstances outside the Company’s control, including experience, skill, practice, market conditions, legal restrictions, business decisions, location, customer demand, and individual implementation.

17. Affiliate Links and Product Recommendations

The Services may contain Affiliate Links and recommendations for products, tools, equipment, brands, retailers, manufacturers, marketplaces, software, or other Third-Party Services.

The Company, Vikki Swan, or persons associated with the Company may receive commissions, referral fees, free products, discounts, sponsorship compensation, advertising compensation, or other benefits in connection with certain recommendations or links.

Where applicable, additional disclosures may be displayed near relevant recommendations or Affiliate Links.

As an Amazon Associate I earn from qualifying purchases.

Unless the Company expressly states that it is the seller of a specific product, products purchased through third-party links are sold, processed, fulfilled, delivered, warranted, supported, and refunded by the applicable third-party seller or platform.

To the maximum extent permitted by law, the Company is not responsible for the manufacture, formulation, condition, safety, quality, authenticity, price, availability, shipping, delivery, warranty, return policy, refund policy, customer service, regulatory compliance, or performance of third-party products or services.

A recommendation does not eliminate Your responsibility to independently determine whether a product or service is appropriate for Your intended use and permitted under applicable law.

Nothing in this section permits the Company to make a deceptive representation or removes any responsibility that applicable law does not permit to be excluded.

18. External Marketplaces and Third-Party Purchases

The Company may offer, advertise, link to, or sell products through third-party platforms or marketplaces, including but not limited to Amazon, Etsy, payment processors, retailers, and other platforms.

A transaction completed directly through a third-party marketplace may also be governed by that marketplace’s terms, payment policies, return policies, refund procedures, and dispute procedures.

Where a purchase is made from a third party rather than directly from the Company, requests relating to fulfillment, returns, shipping, warranties, or marketplace payments may need to be directed to the relevant third party.

19. Promotions

The Company may offer contests, giveaways, sweepstakes, discounts, coupons, or other Promotions.

Promotions may be governed by separate rules.

If specific Promotion rules conflict with these Terms concerning the particular Promotion, the specific Promotion rules will control to the extent of that conflict.

20. Availability, Updates, and Changes to Content

The Company may periodically add, remove, replace, reorganize, revise, update, improve, discontinue, or modify Content, courses, lessons, features, community spaces, instructors, technology, platform structure, or other portions of the Services.

Educational Content may be replaced or removed where the Company considers it outdated, inaccurate, unnecessary, commercially impractical, technically unsupported, or otherwise appropriate to change.

The Company does not guarantee that every particular video, lesson, feature, post, product recommendation, or other item will remain available permanently unless the Company expressly agrees otherwise.

The Company may perform maintenance or temporarily interrupt access for technical, security, operational, legal, or other legitimate reasons.

Nothing in this section authorizes the Company to disregard non-waivable consumer rights or materially fail to provide a purchased Service in a manner prohibited by applicable law.

21. Links and Third-Party Services

The Services may contain links to Third-Party Services not owned or controlled by the Company.

The Company does not control the terms, privacy practices, security, availability, content, business practices, or operations of those Third-Party Services.

Your use of Third-Party Services may be governed by separate agreements between You and the third party.

You acknowledge that, to the maximum extent permitted by law, the Company shall not be responsible for loss or damage arising from Your independent dealings with a third party.

22. Feedback Provided to the Company

If You voluntarily provide ideas, suggestions, recommendations, feature requests, or other Feedback concerning the Company or Services, You grant the Company a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free right to use, reproduce, modify, commercialize, implement, and otherwise exploit such Feedback without compensation or obligation to You.

This section does not transfer ownership of ordinary User Content such as Your personal photographs or student work merely because You submit them for a Service.

23. Suspension and Termination

The Company may suspend, restrict, or terminate access where reasonably necessary because of:

  • material violation of these Terms;
  • unauthorized copying or distribution of Content;
  • Account sharing;
  • fraud or suspected fraudulent activity;
  • nonpayment;
  • security risks;
  • unauthorized access;
  • intellectual-property infringement;
  • unlawful conduct;
  • abusive use of community features;
  • misrepresentation;
  • attempted circumvention of technical protections;
  • or other material misuse of the Services.

Where permitted by law, a material breach involving unauthorized redistribution, account sharing, piracy, fraud, or intentional circumvention of Content protection may result in termination without refund.

If a payment is reversed or is no longer successfully settled, access associated with that payment may be suspended or terminated as reasonably necessary.

Nothing in these Terms prevents a consumer from exercising a lawful payment-dispute right.

Upon termination, Your right to access the affected Services may immediately cease, except for rights that survive termination by their nature or by law.

24. Indemnification

To the maximum extent permitted by applicable law, You agree to indemnify, defend, and hold harmless the Company and its Affiliates, owners, officers, employees, contractors, representatives, instructors, and agents from and against third-party claims, liabilities, damages, judgments, losses, costs, and reasonable legal expenses arising from or relating to:

  • Your unlawful or unauthorized use of the Services;
  • Your material violation of these Terms;
  • Your violation of applicable licensing or professional requirements;
  • professional services You perform for another person;
  • injury or property damage arising from Your independent implementation of techniques or information obtained through the Services;
  • Your violation of a third party’s intellectual-property, privacy, publicity, or other rights;
  • User Content submitted by You;
  • Your unlawful redistribution or reproduction of Company Content;
  • or Your fraud, willful misconduct, or unlawful activity.

This provision does not require You to indemnify the Company for liability that applicable law prohibits the Company from shifting to You.

25. “AS IS” AND “AS AVAILABLE” DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, WITHOUT WARRANTIES OF ANY KIND EXCEPT WARRANTIES THAT CANNOT LAWFULLY BE DISCLAIMED.

THE COMPANY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.

THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR INDIVIDUAL REQUIREMENTS; THAT ANY PARTICULAR RESULT WILL BE ACHIEVED; THAT ALL CONTENT WILL BE COMPLETE, CURRENT, ERROR-FREE, OR APPROPRIATE FOR YOUR JURISDICTION; THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT ALL DEFECTS WILL BE CORRECTED; OR THAT EVERY SERVICE, FEATURE, COURSE, OR ITEM OF CONTENT WILL REMAIN AVAILABLE INDEFINITELY.

Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, these limitations apply only to the maximum extent permitted by law.

26. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES, OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, INSTRUCTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF CLIENTS, LOSS OF DATA, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM YOUR INDEPENDENT APPLICATION OF EDUCATIONAL CONTENT, TECHNIQUES, PRODUCT RECOMMENDATIONS, PROFESSIONAL DECISIONS, VIOLATION OF LICENSING REQUIREMENTS, CLIENT SERVICES, WORKPLACE PRACTICES, OR DEALINGS WITH THIRD PARTIES.

MAXIMUM MONETARY LIABILITY

WHERE APPLICABLE LAW DOES NOT PERMIT LIABILITY TO BE ENTIRELY EXCLUDED, THE COMPANY’S TOTAL AGGREGATE MONETARY LIABILITY ARISING OUT OF OR RELATING TO A PARTICULAR PAID SERVICE SHALL, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOT EXCEED:

  • FOR A RECURRING MEMBERSHIP: THE AMOUNT ACTUALLY PAID BY YOU TO THE COMPANY FOR THE MOST RECENT BILLING PERIOD OF THE SPECIFIC MEMBERSHIP GIVING RISE TO THE CLAIM; OR
  • FOR A ONE-TIME PURCHASE: THE AMOUNT ACTUALLY PAID BY YOU TO THE COMPANY FOR THE SPECIFIC ONE-TIME PURCHASE GIVING RISE TO THE CLAIM.

If no amount was paid for the Service giving rise to the claim, the Company shall have no monetary liability except to the extent applicable law requires otherwise.

The limitations in these Terms apply to the maximum extent permitted by law regardless of the legal theory asserted and even if a party was advised of the possibility of damages.

Nothing in these Terms excludes or limits liability for fraud, willful injury or misconduct, violation of law, or any other liability that applicable law does not permit to be excluded or limited.

27. Force Majeure

The Company shall not be liable for a failure or delay caused by circumstances beyond its reasonable control, including natural disasters, fire, flood, earthquake, epidemic, pandemic, war, terrorism, civil unrest, government action, legal restrictions, strikes, labor disruptions, internet failures, hosting failures, cloud-provider failures, telecommunications outages, power failures, cyberattacks, third-party platform failures, payment-processor failures, or other events outside the Company’s reasonable control.

28. Privacy

Use of the Services is also subject to the Company’s Privacy Policy.

The Privacy Policy explains how the Company may collect, use, store, and disclose personal information.

By using the Services, You acknowledge that electronic communications necessary to administer Your Account, purchases, Membership, security, cancellation, billing, and other transactional matters may be sent to the contact information associated with Your Account.

Marketing communications are subject to separate applicable consent and unsubscribe requirements.

29. Governing Law

Except to the extent mandatory law provides otherwise, these Terms and Your relationship with the Company shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict-of-law principles.

Your use of the Services may also be subject to mandatory local, state, federal, national, or international laws that cannot lawfully be waived by contract.

30. Dispute Resolution and Venue

If You have a concern or dispute regarding the Services, You agree to first make a reasonable effort to resolve the matter informally by contacting:

support@nailinsider.club

Nothing in this provision prevents either party from seeking relief where immediate legal action is reasonably necessary or where applicable law gives the party a non-waivable right to proceed directly.

To the extent permitted by applicable law, any judicial action arising from these Terms that is not subject to a mandatory consumer venue shall be brought in an appropriate state or federal court located in Los Angeles County, California, and the parties consent to the jurisdiction of such courts.

Nothing in this provision deprives a consumer of a forum or remedy that applicable mandatory consumer law does not permit to be waived.

31. International and Mandatory Consumer Rights

The Services may be accessed internationally.

You are responsible for determining whether accessing or using the Services is lawful in Your jurisdiction.

If You are a consumer in the European Union, United Kingdom, or another jurisdiction that provides mandatory consumer protections, You retain any mandatory rights that cannot legally be waived by these Terms.

Where a provision of these Terms conflicts with a mandatory consumer protection that legally applies to You and cannot be waived, the mandatory law controls only to the extent of the conflict.

32. United States Legal Compliance

You represent and warrant that Your use of the Services will comply with applicable United States laws concerning sanctions, embargoes, restricted persons, and prohibited transactions.

You may not use the Services where such use would require the Company to violate applicable United States law.

33. Severability

If any provision of these Terms is determined by a court or other competent authority to be invalid, illegal, or unenforceable, that provision shall be enforced or modified to the maximum extent legally permissible to accomplish its intended purpose.

The remaining provisions shall remain in full force and effect.

34. Waiver

The Company’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

A waiver of one breach shall not constitute a waiver of any subsequent breach.

35. Assignment

You may not assign, transfer, sell, or delegate Your Account, Membership, Subscription, or rights under these Terms without the Company’s prior written consent.

The Company may assign or transfer these Terms in connection with a merger, acquisition, reorganization, sale of assets, business transfer, change of control, or similar transaction, subject to applicable law.

36. Entire Agreement

These Terms, together with the applicable Privacy Policy, Refund Policy, checkout disclosures, product-specific terms, Promotion rules, and other policies expressly incorporated by reference, constitute the agreement between You and the Company concerning the Services.

If a product-specific written term or legally required checkout disclosure directly conflicts with these general Terms concerning the same subject matter, the more specific term will control for that particular transaction to the extent of the conflict.

37. Translation

These Terms may be made available in languages other than English for convenience.

Unless applicable law requires otherwise, the English-language version is the controlling version in the event of a material inconsistency between translations.

38. Changes to These Terms

The Company may update these Terms from time to time to reflect changes to the Services, business practices, technology, legal requirements, security requirements, or other legitimate operational needs.

The “Last updated” date will indicate the latest revision.

Where applicable law requires advance notice, affirmative consent, or another procedure before a material contractual change becomes effective, the Company will follow the legally required procedure.

Changes to these general Terms will not retroactively eliminate rights that applicable law does not permit the Company to eliminate.

Continued use of Services after an effective update may constitute acceptance where permitted by applicable law.

If You do not agree to updated Terms, You may discontinue use of the Services and, where applicable, cancel Your Recurring Membership.

39. Contact Us

If You have questions concerning these Terms, Your Account, Membership, cancellation, or the Services, contact:

Vikki Swan LLC
13101 W Washington Blvd, Suite 207
Los Angeles, CA 90066
United States

Email: support@nailinsider.club