Terms of Service

1. Agreement and how you accept

These Terms of Service (“Terms”) are a binding contract between you and TalentyGo LLC, a Wyoming limited liability company, 30 N Gould St Ste N, Sheridan, WY 82801, USA, which operates SwapMyBeauty (“SwapMyBeauty,” “we,” “us”) at swapmybeauty.com and in our apps (the “Service”).

You accept these Terms by ticking the box at sign-up, which says that you are 18 or older, live in the United States and agree to these Terms and our Privacy Policy, and then selecting “Agree & create account.” We keep a record of the version you accepted, when, and from which device and IP address. If we make a material change, we will ask you to accept the new version before you accept another swap (see “Changes to these Terms”).

IMPORTANT: the section “Dispute resolution, arbitration and class-action waiver” requires most disputes to be resolved by binding individual arbitration instead of in court, waives class actions and jury trials, and explains how you can opt out by email within 30 days.

Our Privacy Policy, Shipping & fees, Safety and What you can and can’t swap pages are part of these Terms.

2. Eligibility

• You must be at least 18 years old, live in the United States, have a valid US shipping address, and have been invited by us. You confirm this when you sign up. If we learn that a user is under 18, we close the account.
• One account per person. The Service is for personal swaps of products you own. You may not swap on behalf of a business, buy products in order to swap them, or run a reselling business through the Service.
• You may not use the Service if we have suspended or closed your account, or if the law does not allow you to.

3. Your account

Give accurate information and keep it current, including your email address, which is where we send notices. You are responsible for activity on your account. Keep your password confidential and tell us right away at privacy@swapmybeauty.com if you think someone else is using your account.

4. A new service

SwapMyBeauty is a new service and we welcome members in stages. Features, deadlines and availability may change, and the Service may be interrupted or discontinued. While we validate a feature it may run in a clearly marked test mode in which no money moves. We will give you notice before we change any fee for proposals you have not yet received.

While payments or shipping labels are marked “test,” no real money moves and labels are not valid for shipment. We will tell you clearly before any real charge is made or real label is issued.

5. What SwapMyBeauty is, and is not

SwapMyBeauty is a venue and a set of tools (matching, payments for fees and postage, and shipping labels) that helps members exchange their own products. We do not buy, sell, own, take possession of, store, ship, inspect, test or authenticate products. We never take title to a product, and we are not a party to, agent for, or guarantor of any swap. Each swap is a direct exchange between members; each member transfers their own product.

How listings are reviewed. Each new or edited listing is checked against our rules using only its text, photos and your declarations: first by automatic rule checks, then by an automated review that uses artificial intelligence (AI). A fragrance, or a set that contains one, must pass three separate automated checks (identity and size, condition and seal, and shipping safety). Clear cases are approved or rejected automatically; anything uncertain is reviewed by our team. If your listing is rejected you will see the reason, and you can edit it or ask at privacy@swapmybeauty.com for a person to look at it again.

Listing review is not authentication, inspection, testing or a guarantee of quality, safety or condition. Automated review can make mistakes. A photo cannot prove that a product is genuine or sealed, and we do not describe any product as “verified” or “authenticated.”

Estimated values, including “Swap Potential,” help match swaps of similar value. They are not money, points, credit, stored value or a balance; they cannot be redeemed, transferred or cashed out; and they are not appraisals. Swaps are matched by software. Values in a swap may differ within a fair range; you can add products to a swap to balance it, or choose to give more value than you receive (“Swap anyway”). You decide whether a proposal is fair to you before you accept it.

6. Your listings and your promises

When you list a product, and again when you accept a swap and when you ship, you promise that the product:

• is yours, and you have the right to give it;
• is new, unused, never opened, swatched or tested, and genuine: made by or under the authority of the brand, and obtained from the brand, an authorized retailer, or as a gift of such a product;
• is in its original retail packaging, factory-sealed where it is sold sealed, with its labels, ingredient list, warnings, batch or lot code and expiry markings intact and unaltered;
• if an expiry or best-before date is printed on it, has at least 3 months left before that date when you list it; if none is printed (many cosmetics show only an open-jar symbol and a batch code), it is within the shelf life the brand states and you tell us so in the listing;
• is not subject to any recall, withdrawal or safety alert, and you know of no defect or contamination; and
• is lawful to own, transfer and ship in the United States and into the recipient’s state, and is allowed under What you can and can’t swap.

Your listing (brand, name, size, shade, dates, photos and estimated value) must be accurate and not misleading. Use your own photos of the actual product, ship the product you listed, and if a set contains fragrance, say so. You remain responsible for your listing whether or not we approve it. We may reject, re-categorize, pause or remove any listing.

7. Prohibited and restricted items; conduct

The current list is on What you can and can’t swap. In short, you may not list or ship:

• opened, used, swatched, decanted, refilled, expired or damaged products, or products with removed or altered batch codes or labels;
• counterfeits, replicas and “dupes,” and foreign-market versions that lack US labeling;
• testers, decants, and items marked “not for individual sale” or “not for resale”;
• recalled products, and prescription products;
• products regulated as over-the-counter drugs, such as sunscreens, acne treatments with benzoyl peroxide or adapalene, antiperspirants and anti-dandruff products, except the cosmetics with an SPF described below;
• aerosols, nail polish, nail-polish remover and acetone, hair dye, bleach, developer and relaxers;
• beauty devices or anything with a battery; and products banned in your state or the recipient’s state.

Cosmetics with an SPF are restricted. A face or lip product with an SPF (such as a cream, serum, foundation, BB or CC cream, primer or lip balm) can be listed only if it is factory-sealed, its “Drug Facts” panel is visible in your photos, its printed expiry date is at least 6 months away, and you confirm it has been kept away from heat. Sunscreens for body, beach, sport or children, and any SPF spray or mist, can’t be listed. Sun protection depends on how a product was stored: we can’t check that, so you are responsible for your declaration.

Fragrance is restricted. A sealed, boxed fragrance (or a factory-sealed set that contains one) of up to 250 ml (8.4 fl oz) per bottle can be swapped only after our shipping review. It ships alone, one fragrance per parcel, by ground only, within the contiguous United States (not to or from Alaska, Hawaii, Puerto Rico, US territories or military addresses), with the Limited Quantity marking we give you, using only the label we issue. Never put a fragrance in another parcel.

You also may not: arrange swaps or payments off the Service to avoid fees; harass or threaten anyone; use another member’s name or address for anything other than shipping that swap; create fake or multiple accounts; manipulate SwapScore or matching; scrape, reverse-engineer, overload or disrupt the Service; or break any law or carrier rule, including hazardous-materials rules.

8. How a swap is formed

• A proposal shows what you give and get, estimated values, your parcels, your shipping share, your service fee and the deadlines, before you accept.
• While a proposal is open, its products are held for up to 48 hours (or the time shown). Until every participant accepts, anyone may decline, which cancels the proposal for everyone. After everyone accepts, any participant can still cancel the swap until the carrier scans the first parcel (see “Cancellations and refunds”).
• A swap agreement forms between the participating members, not with us, when every participant has accepted the same version of the proposal. If a proposal changes, everyone must accept again. In a three-way MultiSwap, you ship to one member and receive from another; your promises about your product run to the member who receives it.
• By joining a swap you agree, unless the swap is cancelled as described in “Cancellations and refunds,” to give and receive the products in it, pay your shipping share and the fee, confirm a valid address, pack safely, ship by the deadline using only the label we issue, and confirm receipt honestly.
• Some swaps (for example, with fragrance) wait for a shipping review before any payment or label. If no compliant shipping service is available, we cancel the swap at no charge.

9. Fees and payment

You never pay SwapMyBeauty or another member for a product. For each swap you pay only:

• A service fee per completed swap: 5% of the estimated value of the products you receive in that swap, plus $0.70, and never more than $7.99. The estimated value is the one shown on the listing and in the proposal you accept. No fee is due while you are a Swap Club member or when a referral reward or promotion waives it, as shown in the proposal. The fee is authorized when you pay and charged only when the swap completes. If the swap is cancelled before it completes, the authorization is released and nothing is charged. Where a state taxes this kind of fee, sales tax is added and shown before you pay.
• Your share of the actual postage. We buy the labels for all parcels in the swap through our shipping provider, at the carrier’s rate, and each participant pays an equal share. Postage is passed through at cost: there is no markup and no handling fee. It is charged when the labels are bought, which happens only after every participant has paid. If the final label cost is lower than the amount charged, we refund the difference.

We show the total (service fee plus postage) before you pay. Amounts may appear as separate charges or holds on your statement; with a debit card a hold can temporarily reduce your available funds. Card authorizations can expire before a swap completes; if that happens we will ask you to authorize the fee again and will not charge it without that authorization.

No paid insurance. We do not currently sell shipping insurance or protection plans. Many labels include the carrier’s own included coverage (for example, USPS Ground Advantage includes coverage up to $100). Because labels are bought on our account, if a parcel is lost or damaged we will file any claim the carrier allows, at our discretion, and pass any amount the carrier pays to the member who lost the product.

Payments are processed by Stripe under its terms. We do not store full card numbers. The only recurring charge is the optional Swap Club membership described below; nothing renews unless you join it.

10. Swap Club membership (optional)

After your third completed swap you may join the Swap Club. While your membership is active, you pay no service fee on your swaps; you still pay your share of postage.

• Price and term: $24.00 per year (plus any sales tax shown at checkout), charged at the start of each yearly term to the payment method you provide.
• Automatic renewal: your membership renews automatically every year at the then-current price, and we charge your payment method at each renewal, until you cancel. You agree to this by ticking the box when you join. After you join we email you a confirmation with these terms and how to cancel. We email you a reminder 35 days and again 20 days before each renewal, with the renewal date, the amount and a link to cancel. If the price changes, we email you between 7 and 30 days before the change applies to you, and you can cancel before it does.
• How to cancel: cancel online at any time in Profile → Swap Club with one click, or by emailing privacy@swapmybeauty.com. Cancelling stops the next renewal and we confirm it by email; your benefits continue until the end of the year you already paid for. We do not try to keep you with offers when you cancel. We do not give partial refunds for unused time, except where the law requires it or if we end the Swap Club early, in which case we refund the unused part of your term.
• Changes: we may change the benefits or price for future terms with at least 30 days’ notice by email. Closing your account ends the membership and its renewal.
• While payments run in test mode, a membership may be activated without any charge and without renewal; this is shown when you join.

11. Packing, shipping and deadlines

• Ship by the deadline shown (currently 72 hours after your label is ready), using only the prepaid label issued for that parcel and the carrier and service it names. Do not add items, change the service or reuse a label.
• Pack securely in a sealed outer box, with liquids in a sealed inner bag and glass protected. For parcels marked Limited Quantity, apply the marking we give you, keep it visible, hand the parcel to the carrier at a staffed counter where the carrier requires it (not a drop box, FedEx Office or The UPS Store), and never send it by air.
• You pack and hand over your parcel and are responsible for its contents being as declared and permitted. We classify and route fragrance parcels and issue their labels and markings; misdeclaring a hazardous material can violate federal law and leads to suspension.
• A carrier scan shows that a parcel was handed over, not what was inside. Carriers are responsible for parcels in transit under their own terms.
• If anyone misses a deadline, we pause and review the whole swap. We may extend the deadline or cancel the swap (see “Cancellations and refunds”).

12. Receipt and completion

When your parcel arrives, open the outer packaging (not the product’s factory seal), check it, and either confirm receipt or report a problem. If you do neither within 72 hours after the carrier shows it delivered, receipt is confirmed automatically. A swap completes when every parcel has been delivered and every recipient has confirmed, or is treated as having confirmed. At completion the service fee is charged, and each product belongs to the member who received it.

13. Cancellations and refunds

A swap involves two or three members, so a cancellation always cancels the swap for every member, never for one member only. Nothing ships, every product goes back to its owner’s Swap Closet, and every member is told in the app and by email.

• Before everyone accepts: anyone may decline. Nothing is charged.
• After everyone accepts, until the carrier scans the first parcel: any member in the swap can cancel it, in one step, with the “Cancel this swap” button on the swap page. Before confirming, the member sees what will happen and gives a reason, which the other members see. We may also cancel a swap at this stage, for example if someone does not pay in time.
• What a cancellation at that stage costs: the service fee is released for everyone, so nobody pays it. Unused shipping labels are cancelled with the carrier. Members who did not cancel get back any postage they paid, to the original payment method; card refunds usually show within 5 to 10 business days. The member who cancels gets back their own postage share once the carrier confirms the label refund (this can take up to about 30 days); if a label can’t be refunded by the carrier, that member’s own share for it isn’t returned. A member is never charged for other members’ labels.
• Missed deadlines: if a member misses the shipping deadline, we review the whole swap and may extend the deadline or cancel the swap. The member who missed the deadline is treated like the member who cancels.
• After a parcel is scanned by the carrier: the swap can’t be cancelled from the swap page anymore. Postage for a parcel that was shipped is not refundable because the carrier service was used. If the swap does not complete, no service fee is charged. Problems are handled under “Problems between members.”
• After completion: the service fee is non-refundable, except for charges made in error, duplicate charges, or where the law requires a refund.
• Your account: each cancellation is recorded on the account of the member who cancels. It does not lower that member’s SwapScore by itself, but repeated cancellations that disrupt other members’ swaps can lead to account limits under “SwapScore, suspension and closing your account.”

A member who receives a cancellation must not ship anything for that swap. If a parcel was shipped anyway, contact privacy@swapmybeauty.com and we will help arrange its return; we can’t guarantee it. Refunds go to the original payment method. Nothing in these Terms limits a right you have under applicable law or your card agreement.

14. Problems between members

Report a problem from the swap page: not received, wrong item, damaged, opened or used, suspected counterfeit, or a reaction to a product. A report pauses completion and a person reviews the whole swap. Please cooperate, including by sending photos and keeping the product and its packaging until the review ends.

We decide, reasonably and in good faith, whether a swap resumes or is cancelled and whether a problem is confirmed against a member for the purposes of the Service (for example SwapScore or account limits). That decision does not limit any legal right you have against another member. We do not promise to compensate anyone or recover products, but we may offer a refund of fees or postage at our discretion.

15. Payment disputes

Please contact us at privacy@swapmybeauty.com before disputing a charge with your bank; we aim to reply within 3 business days and can often fix the problem faster. You keep every right you have under federal law (including the Fair Credit Billing Act and the Electronic Fund Transfer Act) and your card agreement, and nothing here stops you from using them. If a charge is disputed for a swap that was shipped or completed as described, we may give the payment processor the swap’s records (including the proposal you accepted, your acceptance of these Terms and the carrier scans), pause your pending swaps while the dispute is open, and, for disputes we reasonably believe are unwarranted, limit or close your account. We may recover only amounts you actually owe, such as postage for a label that was used; we do not charge penalty fees. A chargeback does not undo a swap.

16. Allergies, reactions and recalls

Products are made by third-party manufacturers, not by SwapMyBeauty. Cosmetics can cause irritation or allergic reactions even when new, genuine and in date. Read the full label, ingredients and warnings; patch-test a new product on a small area of skin and wait 24 to 48 hours; stop using a product and seek medical advice if a reaction occurs. Do not use a product that arrives with a broken seal, an unusual smell, texture or color, or no label.

To report a serious reaction, contact the manufacturer named on the label; you can also report it to the FDA (MedWatch, 1-800-FDA-1088). Please tell us too, so we can review the swap.

If a product becomes subject to a recall, we remove matching listings, cancel affected swaps that have not shipped (releasing fees and postage holds), and send a safety notice to members who listed or received a matching product. Safety notices are sent even if you have turned off other emails. Do not list or ship a product you know has been recalled.

17. SwapScore, suspension and closing your account

Other members see your first name, SwapScore and number of completed swaps, never your email. SwapScore is a simple reliability indicator based on completed swaps, on-time hand-offs and problems we confirm. Carrier delays and simply opening a report do not lower it. It is not a guarantee, and we may change how it is calculated.

We may remove listings, limit your account, or suspend or close it if we reasonably believe you broke these Terms or the law, shipped a counterfeit, used, recalled or misdeclared product, misused another member’s information, filed unwarranted chargebacks, or created a risk to members, carriers or us. Suspension may cancel your pending proposals. We will tell you why unless the law or a safety reason prevents it, and you can reply to privacy@swapmybeauty.com if you think we made a mistake.

You may delete your account in Profile at any time once you have no live swaps. Deletion is permanent; some records are kept as described in our Privacy Policy. Amounts owed and the sections on content, disclaimers, liability, indemnity, disputes, governing law and general terms survive the end of this agreement.

18. Your content, brands and intellectual property

You keep ownership of the photos and text you submit (“Content”). You give us a non-exclusive, worldwide, royalty-free license to host, copy, display, adapt (for example crop, compress or remove location metadata) and distribute your Content to operate and improve the Service, for as long as it is on the Service plus a reasonable period for backups and records. You promise you have the rights to your Content. Ideas and feedback you send us are covered in “Ideas and feedback” below.

The Service and the SwapMyBeauty name and logo belong to us. Brand names in listings belong to their owners; SwapMyBeauty is not affiliated with, endorsed by, or an authorized retailer of any brand. Use a brand name only to identify the genuine product you list. Do not use brand logos or official campaign images as your own photos, and do not make “dupe,” “inspired by” or “compare to” claims.

Copyright (DMCA). Send notices that meet 17 U.S.C. §512(c)(3) to our designated agent, registered with the U.S. Copyright Office (DMCA-1083047): DMCA Agent, TalentyGo LLC, 30 N Gould St Ste N, Sheridan, WY 82801, USA, privacy@swapmybeauty.com. We accept counter-notices under §512(g). Repeat-infringer policy: we remove infringing material promptly and close the accounts of members who repeatedly infringe. Trademark and counterfeit reports: email privacy@swapmybeauty.com with the listing link and your reasons; members can also report a suspected counterfeit from the swap page. Shipping a counterfeit leads to account closure.

19. Mia, our AI assistant

Mia is an assistant powered by artificial intelligence (AI) in the member area. She is not a person, and she always says so. She answers questions about SwapMyBeauty from our own help pages and your own account information, and she can pass your request to a person on our team (“Talk to a person”).

Mia can make mistakes. Her answers are general information to help you use the Service. They are not professional, medical, legal or financial advice, they are not a promise or a guarantee, and they do not change these Terms. If an answer from Mia differs from these Terms or from what our team tells you, these Terms and our team’s written answer prevail. Mia cannot accept, cancel, refund, approve or change anything for you: you decide and act on the swap or account pages. For a reaction to a product, stop using it and talk to a doctor or pharmacist.

Use Mia only for questions about SwapMyBeauty. Do not use her to harass anyone, send unlawful content, or try to make her reveal other members’ information or bypass our rules; we limit the number of messages and may turn Mia off for an account that misuses her. Ideas and feedback you send through Mia are welcome and are covered by “Ideas and feedback”. How we handle your messages is explained in our Privacy Policy.

20. Ideas and feedback

We love hearing how SwapMyBeauty could be better. If you share ideas, suggestions or feedback about the Service, through Mia, by email or in any other way (“Ideas”), you do so voluntarily, and your Ideas are not confidential.

You give TalentyGo LLC a perpetual, irrevocable, worldwide, royalty-free, transferable and sublicensable right to use, copy, adapt, develop, combine and share your Ideas for any purpose, including commercially, without any obligation to you of any kind, including notice, attribution or compensation. Sharing an Idea does not create any partnership, joint venture, employment, agency, investment, ownership or other interest in SwapMyBeauty or TalentyGo LLC, and it does not give you any right in the Service or in anything we build.

We may already be working on something similar, or receive similar Ideas from others, and we have no obligation to review, use, credit or respond to yours. Please do not send confidential information, or material that belongs to someone else.

21. Relationship between you and us

You use SwapMyBeauty as an individual, for personal purposes. Nothing in these Terms makes you our employee, contractor, agent, partner or joint venturer. We do not pay you for listing, swapping, reviewing or recruiting, and you may not present yourself as SwapMyBeauty staff. Rewards under the referral program are described in “Referral program” and have no cash value.

22. Referral program

Each member gets one personal invitation code, shown in Profile → Invite friends. A friend who signs up with your code joins without waiting for an invitation from us. Each code can be used up to 5 times; we may change that limit for future invitations.

• Reward: for every 2 friends who sign up with your code and complete their first swap, you earn one “free swap”: the service fee is waived on one of your future swaps. Postage still applies.
• Active swapper: complete 3 swaps within one six-month period (January–June or July–December) and you earn 2 more “free swaps” on the same terms, once per period. The count restarts at the start of each period.
• Early Members: when we run an early-access period, members who join before its announced end date are Early Members. If we offer the Early Member reward, an Early Member whose first 3 listings are approved earns one “free swap” on the same terms, once per member.
• How it is used: a free swap is applied automatically to your next swap when its shipping starts, and is used up only if that swap completes. If the swap is cancelled, you keep it.
• No cash value: free swaps are not money, credit or stored value. They cannot be cashed out, transferred, sold, combined with another member’s, or exchanged for products, and they end if your account is closed. If we end the program, we will give at least 30 days’ notice and you can still use free swaps already earned during that time.
• Fair play: invite only people you know who are 18 or older and live in the US. Don’t refer yourself, create or use fake or duplicate accounts, buy or sell codes, or post your code on coupon or deal sites. We may withhold or remove rewards obtained this way and close the accounts involved.
• Sharing: if you share your code publicly (for example on social media), say clearly that you get a reward when people join with it, as the FTC Endorsement Guides require. Don’t make claims about SwapMyBeauty that aren’t true.
• Privacy: you can see the first names of friends who used your code and whether they completed a first swap; they can see that they joined with your code. Nothing else is shared.

23. Taxes

Exchanging property can have tax consequences, and you are responsible for any tax on swaps you take part in. Federal law can require an organization that arranges exchanges between members to report them to the IRS (for example on Form 1099-B). If that applies to us, we will ask for your name and taxpayer identification number (Form W-9) before your next swap and report the estimated value of what you received as the law requires; we may pause swapping on your account until you provide it. Where the law requires, we collect sales tax on our fee and show it before you pay. Estimated values on the Service are not appraisals or tax advice.

24. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT TRANSFER ANY PRODUCT AND MAKE NO WARRANTY ABOUT ANY PRODUCT (ITS AUTHENTICITY, SAFETY, INGREDIENTS, SUITABILITY FOR YOUR SKIN OR VALUE), ANY MEMBER OR ANY CARRIER, AND WE DO NOT PROMISE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

This section does not exclude any warranty or right that the law of your state does not allow to be excluded.

25. Limitation of liability and indemnity

EXCEPT FOR THE MATTERS LISTED IN THE NEXT PARAGRAPH: (a) WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS OR DATA; AND (b) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF $100 OR THE TOTAL OF THE SERVICE FEES AND POSTAGE YOU PAID THROUGH THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms limits or excludes our liability for fraud, gross negligence, willful misconduct or intentional wrongdoing; for death or personal injury caused by our negligence; for violations of law by us; or for any other liability that cannot be limited under the law of your state. These limits apply to us and to you equally, except for your indemnity below and amounts you owe for swaps.

You will defend and indemnify us against third-party claims to the extent they arise from your listings, the products you ship, how you pack and ship them, your Content, or your breach of these Terms or the law. This does not apply to the extent a claim is caused by our own fault.

26. Dispute resolution, arbitration and class-action waiver

1. Informal resolution first. Before starting an arbitration or court case, the person with the claim must send the other a written notice describing it and the relief wanted: to us at privacy@swapmybeauty.com and by mail to TalentyGo LLC, 32 East 57th Street, New York, NY 10022, USA; to you at your account email. For 45 days after the notice we will both try in good faith to resolve it, including by an individual call if either side asks. Deadlines to bring a claim are paused during this period.

2. Arbitration. If it is not resolved, you and we agree that any dispute arising out of or relating to these Terms, the Service or any swap (“Dispute”) will be resolved by binding arbitration of individual claims under the Federal Arbitration Act, administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and, where they apply, its Mass Arbitration Supplementary Rules, in each case as in effect when the arbitration is filed (available at adr.org). A single arbitrator decides; hearings take place by video, by phone, on written submissions, or in person in the county where you live, as you prefer. The arbitrator may award any individual relief a court could award, and the parties have the same discovery rights the AAA rules provide.

3. Costs. You pay no more than the consumer filing fee set by the AAA rules (currently $225). We pay all other AAA and arbitrator fees, unless the arbitrator finds your claim frivolous or brought for an improper purpose under the AAA rules. Each side pays its own lawyers unless the law or the arbitrator awards fees.

4. Exceptions. Either side may bring an individual claim in small-claims court if it qualifies. Either side may ask a court for an injunction against infringement or misuse of intellectual property.

4a. Mass filings. If 25 or more similar claims are filed against us or by us by the same or coordinated counsel, they are administered under the AAA Mass Arbitration Supplementary Rules: the claims may be grouped in batches and a small number of bellwether cases may be decided first to help resolve the rest, and fees are charged as those rules provide. Deadlines to bring a claim are paused for claims waiting in a later batch. A court may enforce this paragraph.

5. Class and jury waiver. YOU AND WE MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING, AND BOTH OF US WAIVE A JURY TRIAL. If a court decides that this waiver cannot be enforced for a particular claim, that claim (and only that claim) will be decided in court, not in class arbitration.

6. Public injunctive relief. If you seek public injunctive relief (relief whose main purpose is to stop unlawful acts that harm the public) and the law does not allow that request to be waived or arbitrated, that request is severed and decided by a court after the individual claims are arbitrated; the court case is paused until then.

7. Who decides. The arbitrator decides questions about the scope and enforceability of this agreement to arbitrate, except that a court decides questions about the class and jury waiver, public injunctive relief, the 30-day opt-out and whether the informal step was followed.

8. 30-day opt-out. You can opt out of this arbitration agreement by emailing privacy@swapmybeauty.com within 30 days after you first accept these Terms, with the subject “Arbitration opt-out” and your name and account email. We confirm by email. Opting out does not affect any other part of these Terms or your use of the Service.

9. Changes. If we materially change this section, the change does not apply to any Dispute of which either side already gave notice before the change. You may reject the change by emailing privacy@swapmybeauty.com within 30 days; the previous version of this section then continues to apply to you.

27. Governing law and courts

The Federal Arbitration Act governs the arbitration section. Otherwise these Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-law rules; this does not take away any protection you have under the mandatory consumer-protection law of the state where you live. Court proceedings allowed by these Terms will take place in the state or federal courts located in Sheridan County, Wyoming, or in the courts where you live if the law of your state gives you that right.

28. Changes to these Terms

We may update these Terms. For a material change we will email you and show a notice in the app at least 30 days before it takes effect, and we will ask you to accept the new version before you accept another swap. Changes apply from their effective date and never to a swap already accepted. If you do not agree, you may close your account. The version and effective date are shown at the top of this page, and past versions are available on request.

29. Notices and general terms

Electronic communications. You agree that we may provide agreements, notices and disclosures electronically, by email to your account address or in the app, and that they satisfy any requirement that they be in writing. Keep your email address current; a notice is treated as received 24 hours after we send it. You can send notices to privacy@swapmybeauty.com or by mail to TalentyGo LLC, 32 East 57th Street, New York, NY 10022, USA.

These Terms are the entire agreement between you and us about the Service. If any part is unenforceable, the rest remains in effect. Not enforcing a right is not a waiver. You may not transfer these Terms; we may transfer them in a merger, acquisition or sale of assets, and we will tell you if we do. Neither side is responsible for delays caused by events beyond its reasonable control. Headings are for convenience only.

California users: under California Civil Code §1789.3 you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (916) 445-1254 or (800) 952-5210.

Contact: TalentyGo LLC, 32 East 57th Street, New York, NY 10022, USA. Registered office: 30 N Gould St Ste N, Sheridan, WY 82801, USA. Email: privacy@swapmybeauty.com.

Accessibility: if anything on the Service is hard to use with assistive technology, tell us at privacy@swapmybeauty.com; see our accessibility statement.