Placeholder for US Terms & Conditions after it has been reviewed


Terms of Use for the use of the SWAN Beauty App


§ 1 Scope

  1. These Terms of Use, together with the Privacy Policy (collectively, the “SWAN Beauty Terms”), govern your use of the SWAN Beauty App (the “App”) and supplement the Apple App Store Terms of Service of Apple Distribution International Ltd. (available at https://www.apple.com/de/legal/internet-services/itunes/de/terms.html) and the Google Play Terms of Service of Google Ireland Limited (available at https://play.google.com/intl/de_de/about/play-terms/index.html), as well as all services made available in connection with the App (the “Services” and, together with the App, the “Program”), which are provided by SWAN Beauty Tech GmbH, Stahltwiete 20, 22761 Hamburg, Germany (hereinafter “SWAN”).
  2. SWAN may amend these Terms of Use with future effect if required. Should we modify our Program, it may be necessary to update these Terms so that they continue to reflect our offering accurately. SWAN will only make changes if provisions are no longer accurate or complete, and only to the extent reasonable in light of users’ interests. In such cases, SWAN will notify users of the changes in an appropriate manner. Unless otherwise required by law, amendments shall be deemed accepted if the user does not lodge a written or emailed objection to hi@swanbeauty.com within fourteen (14) days after notification and continues to use the Program. SWAN will inform the user of the right to object and the legal consequences of missing the deadline. In the event of such an objection, SWAN may terminate the user’s access.
  3. Any general terms and conditions of the user that deviate from, conflict with, or supplement these Terms shall not become part of the contract, even if SWAN is aware of them, unless SWAN has expressly agreed in writing to their applicability.
  4. The current version of these Terms of Use can be accessed and stored within the App under the menu item “Terms of Use.”


§ 2 Subject Matter and Services

  1. The SWAN Beauty App is a platform on which registered members (hereinafter “Users”) may access a variety of beauty-related content. As part of the community, Users may also create, publish, and share their own content (e.g., tutorials and general beauty tips). Published user content may be “liked” or commented on by other Users.
  2. The App enables Users to create their own video tutorials or beauty tips directly within the App and to publish them for the community.
  3. User content may also be shared on other social-media platforms; in such cases, it will be marked with a visible SWAN watermark.
  4. The App allows Users to purchase beauty products through the integrated online shop. Section 4 of these Terms governs the details.
  5. Video tutorials and beauty tips uploaded by Users do not constitute SWAN’s own content. Should SWAN offer its own tutorials or tips, these will be clearly identified as SWAN content. SWAN assumes no liability for third-party content.
  6. SWAN reserves the right to introduce special features in the future—such as exclusive tutorials or live expert consultations—against separate payment. SWAN also reserves the right to display advertising to help finance the offering.


§ 3 App Usage Requirements

  1. By installing the App, the User enters into an agreement with SWAN governed by these Terms and the respective App-Store terms.
  2. By using the App, the User confirms that they are of legal age and otherwise legally capable of entering into binding contracts. Only legally competent persons may use the App independently.
  3. The User has no entitlement to download or use the App. SWAN may refuse usage without giving reasons and may immediately delete any transmitted data.
  4. To use the App, the User must create an account by providing a username, email address, and password. The User has no entitlement to the creation of an account.
  5. If the User becomes aware of unauthorized use of their registration or the App, they must notify SWAN immediately. SWAN accepts no liability for losses or damages resulting from the User’s failure to comply with this obligation.
  6. The User must keep their login credentials confidential to prevent misuse by third parties. If credentials are shared, the User is liable for any actions by third parties. The User must inform SWAN immediately of any misuse or other security breaches. SWAN disclaims all liability for losses or damages arising from the User’s failure to fulfill these obligations.
  7. SWAN may suspend or delete the User’s account on grounds of abusive or improper conduct, violation of these Terms, or other reasons.




Third-Party Software/Services

We may use UXCam, an analytics solution. UXCam may record screens visited, interaction patterns (such as taps, scrolls), and device details (type, version, model, operating system). We use this data to improve our App. UXCam does not collect personally identifiable information or track your activity across apps. See UXCam’s privacy policy for more details.


§ 4 Use of the Online Shop

  1. The App enables the User to purchase beauty products (hereinafter “Products”) via the integrated online shop. Displayed Products are offered for sale by third-party sellers (hereinafter “Sellers”) in their own name and on their own account.
  2. Displayed Products constitute an invitation to order, not a binding offer.
  3. The User may select Products and add them to a shopping cart by clicking “Add to cart.” Clicking the cart icon displays an overview page where items may be removed.
  4. By clicking “Order with obligation to pay,” the User submits a binding order for the items in the cart.
  5. The Seller confirms receipt of the order by email. This confirmation does not yet constitute acceptance of the order.
  6. The purchase contract is concluded when the Seller sends a separate confirmation email or, at the latest, upon delivery of the Products.

SWAN is not a contracting party to the purchase contract. Unless explicitly stated otherwise, SWAN does not offer or sell Products itself. The purchase contract exists exclusively between the User and the Seller. Information on the identity of the Seller is provided during the ordering process.

  1. Displayed prices are in euros, inclusive of applicable VAT. Delivery and shipping charges are not included and are displayed separately by the Seller before order submission.
  2. Available payment methods:

8.1. Prepayment (bank transfer)

8.2. Direct debit

8.3. Credit card

8.4. PayPal

  1. Shipping is available within Germany, Austria, and Switzerland. The Seller selects the shipping service provider, which is disclosed to the User before purchase. Estimated delivery times are provided by the Seller.
  2. Ownership of the goods remains with the Seller until full payment has been received.


Right of Withdrawal

11. If the User is a consumer (i.e., not acting in the course of a commercial or self-employed professional activity), the following applies:

11.1. The User has the right to withdraw from the contract within fourteen (14) days without giving reasons. The withdrawal period is fourteen days from the day the goods are received by the User or a designated third party (not the carrier). To exercise the right of withdrawal, the User must inform the Seller by an unequivocal statement (e.g., a letter sent by post or email). The attached sample withdrawal form may be used but is not mandatory. Timely dispatch of the withdrawal notice suffices to meet the deadline.

11.2. Consequences of withdrawal: If the User withdraws, the Seller must reimburse all payments received, including delivery costs (except additional costs arising from selecting a delivery method other than the least expensive standard delivery), within fourteen days of receiving the withdrawal notice. Reimbursement shall be made using the same payment method unless agreed otherwise; no fees will be charged for reimbursement. The Seller may withhold reimbursement until the goods have been returned or proof of return has been provided, whichever occurs first. The User must return or hand over the goods without undue delay and, in any event, no later than fourteen days after notifying the Seller of withdrawal. The User bears the direct cost of returning the goods and is liable only for any diminished value resulting from handling the goods beyond what is necessary to establish their nature, characteristics, and functioning.


Sample Withdrawal Form

To

Name of Seller: ______________________________

Address of Seller: ______________________________

Email of Seller: ______________________________


I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods ()/for the provision of the following service (*): _________________________________


Ordered on ()/received on (): __________________


Name of consumer(s): _____________________________________

Address of consumer(s): ___________________________________

Signature of consumer(s) (only if this form is notified on paper): ____________

Date: _________________

(*) Delete as appropriate


§ 5 Services and Obligations

  1. The Program is offered subject to availability. SWAN does not warrant uninterrupted availability. SWAN endeavours to ensure the Services are generally available, but maintenance, updates, or disruptions (e.g., from data providers or other service partners) may temporarily restrict or interrupt use, potentially causing data loss. No compensation claims may arise therefrom.
  2. Internet access, technical prerequisites, device configuration, and current software are the User’s responsibility and expense.
  3. The User must comply with these Terms. In particular, the User shall not:

3.1. Use the App or Services in violation of applicable law;

3.2. Copy the App except to install a backup copy on a secure device;

3.3. Rent, sell, sublicense, or otherwise provide the App to third parties;

3.4. Reverse-engineer, decompile, modify, or create derivative works of the App, except as permitted by law;

3.5. Circumvent or disable security features of the Program;

3.6. Attempt to access the Program except via the App;

3.7. Test the App for vulnerabilities in a manner that violates security or authentication measures;

3.8. Extract data automatically or build separate search services using App content;

3.9. Mass-post identical content in multiple forums;

3.10. Upload software, scripts, or other mechanisms designed to spy on, attack, or disrupt the App or its users.

  1. SWAN may provide software updates at its discretion but is not obliged to do so.


§ 6 User Content and Warranties

  1. By submitting content (especially videos) via the App, the User grants SWAN a perpetual, worldwide, royalty-free license to use, reproduce, publicly display, distribute, transmit, host, and otherwise exploit such content via the App, websites, social media channels, email newsletters, and similar distribution methods. This license extends to both visual content and any associated audio (e.g., music).
  2. The User consents to the use of any depictions of themselves contained in submitted content on these terms.
  3. The User warrants they have all necessary rights to grant these licenses, including rights in any music or audio. Content containing material subject to GEMA rights or other third-party rights that conflict with these Terms must not be uploaded. If in doubt, the User should refrain from uploading.
  4. The User is solely responsible for their submitted content. SWAN disclaims any liability. The User ensures content is lawful, does not infringe third-party rights, and is not obscene. SWAN may remove unlawful content immediately. Unlawful content includes anything infringing intellectual-property or personal rights.
  5. The following content is expressly prohibited:

5.1. Illegal, defamatory, pornographic, or youth-endangering material;

5.2. Any form of discrimination;

5.3. Links to sites containing illegal, offensive, or pornographic content.

Additionally undesirable are: political or religious content, erotic or sex-oriented content, unsubstantiated criticism of products or companies, or any content violating SWAN’s watermark policy.

  1. Users must not upload videos with visible watermarks (e.g., from TikTok, Instagram). Pre-existing watermarked videos must be removed or replaced within seven calendar days of these updated Terms; otherwise SWAN may delete them without notice.
  2. Users may report content they deem non-compliant or unlawful using the in-App reporting feature or by emailing report@swanbeauty.com.
  3. Promotional content must not dominate user submissions. Any sponsorship, product placement, or advertising must be clearly identified using the App’s “Sponsored/Advertisement” marker.
  4. Independently of contract termination under § 7, SWAN may, at its discretion, refuse or delete any content that violates these Terms or could harm SWAN’s reputation. No compensation claims arise from such deletion.
  5. SWAN may remove entire submissions without prior notice if it reasonably believes the content violates laws, threatens investigations or operational integrity, or harms other users or SWAN. SWAN will notify the User of the reason and allow remediation unless urgent circumstances prevent it (e.g., law-enforcement orders).
  6. The User agrees that SWAN and its designees may continue to use submitted content after account termination for the duration of applicable copyright.
  7. SWAN is not responsible for third-party content, external links, or advertising. Transactions stemming from such content are solely between the User and the third party. SWAN disclaims liability for third-party services.
  8. Due to volume, SWAN cannot pre-screen all content. Users are encouraged to report suspicious or illegal behavior via the App or hi@swanbeauty.com.


§ 7 Duration and Termination

  1. The agreement begins when the User launches the App and accepts these Terms as described in § 3.
  2. The User may cease using or delete the App at any time without giving reasons—by deinstalling or adjusting device settings. Account deletion via email to hi@swanbeauty.com or in-App is also possible.
  3. SWAN may terminate the user relationship with two weeks’ notice. The right to extraordinary termination for cause remains unaffected if continuation until the end of the notice period would be unreasonable for SWAN, considering all circumstances. Important grounds include:

3.1. Serious breach of these Terms;

3.2. Provision of false or invalid contact data.

  1. Independently of termination under § 7 3, SWAN may issue a warning or suspend access for cause (e.g., suspected legal violations or fraud). SWAN will weigh its interests against the User’s.
  2. Uploaded content and username remain publicly available after termination.
  3. Permanently suspended Users may not re-register.
  4. SWAN reserves the right to discontinue the Program entirely with reasonable notice, or immediately for cause, while reasonably safeguarding Users’ interests.


§ 8 Liability

  1. SWAN is not liable for User content.
  2. Any information or data SWAN or third parties provide via hyperlinks is for informational purposes only; Users may not rely on it for accuracy or completeness.
  3. SWAN provides no warranty or liability, in particular for direct or indirect damages arising from use of information in the App or Services, or for third-party website functionality or legality.
  4. SWAN does not guarantee uninterrupted availability or error-free performance.
  5. SWAN is not liable for:

5.1. Delays, deletions, transmission errors, or data loss in communication with the App;

5.2. Damage to the User’s hardware;

5.3. Unauthorized third-party use of User-provided information;

5.4. Data loss or unauthorized access to User data (e.g., by hackers).

Routine backups are performed per industry standards.

  1. SWAN is not liable for force majeure, strikes, lockouts, operational failures, or similar events unless covered by insurance.
  2. For breach of cardinal obligations (essential duties), SWAN is liable for foreseeable damages; liability for slight negligence is limited to typical foreseeable damage unless bodily injury is involved.
  3. SWAN is also liable for intent, gross negligence, injury to life, body, or health, under product-liability law, and other mandatory legal liability.
  4. All other claims for damages against SWAN—regardless of legal basis—are excluded.
  5. Limitations of liability apply equally to SWAN’s legal representatives, employees, and agents.




§ 9 Rights

  1. SWAN grants the User a non-exclusive, non-transferable right to use the Services via the App according to these Terms.
  2. The App’s software, code, methods, systems, and content are protected by copyright, competition law, and other industrial-property rights and may only be exploited by SWAN. Without prior written consent, the App or parts thereof may not be copied, modified, reposted, transferred, sold, or otherwise used. Users may not use SWAN trademarks or logos except to watermark their content when sharing via social media, as per § 2 3 above. All usage and exploitation rights remain with SWAN. Content may only be used in forms approved by SWAN; further use or distribution requires SWAN’s written authorization. Automated retrieval of App content is prohibited except via the App’s sharing function.


§ 10 Indemnification by the User

  1. The User is responsible for the accuracy, completeness, and legality of submitted content.
  2. If a third party asserts claims against SWAN due to content the User posted, the User shall indemnify SWAN against all claims, including damages, and bear reasonable defense costs. This indemnity does not apply if the User is not at fault.
  3. If third-party rights are infringed, the User shall either procure the necessary rights or modify the content to be free of third-party rights at their own expense.


§ 11 Data Protection

Processing of personal data is governed by our Privacy Policy at:

https://www.swanbeauty.tech/privacy


§ 12 Final Provisions

  1. German law, excluding the UN Convention on Contracts for the International Sale of Goods, applies. Place of performance and exclusive jurisdiction (where legally permissible) is Hamburg.
  2. The EU Commission’s Online Dispute Resolution platform is available at https://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution before a consumer-mediation body.
  3. Amendments and supplements must be made in text form (including waiver of text-form requirement). Oral side agreements are only effective if confirmed in writing.
  4. Should any provision be invalid, the validity of the remaining provisions remains unaffected. Invalid provisions shall be replaced by ones that most closely achieve the intended economic purpose.
  5. Unless otherwise stipulated, Users may send notices to SWAN by email or letter. SWAN may send notices to Users by email, fax, or letter to the addresses provided.


Stand: 29.03.25