Terms of Service

1. Acceptance of terms

These Terms of Service (“Terms”) govern your access to and use of the SWAK business management platform (“Platform”) operated by Lipstick Studio LLC, doing business as Sealed With a Kiss / SWAK (“Company,” “we,” “us,” or “our”). By creating an account or using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.

2. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Platform. By registering, you represent that you meet these requirements and that the information you provide is accurate and complete.

3. Account responsibilities

• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activity that occurs under your account.
• You must notify us immediately of any unauthorized use of your account.
• We reserve the right to suspend or terminate accounts that violate these Terms.

4. Use of the platform

SWAK is a business management platform for permanent jewelry artists and studio owners to manage their operations, including bookings, client management, inventory, orders, events, and analytics. You agree to use the Platform only for lawful purposes and in accordance with these Terms.

You agree not to:

• Use the Platform for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to any part of the Platform
• Interfere with or disrupt the Platform or its infrastructure
• Upload malicious code, viruses, or harmful content
• Resell, sublicense, or redistribute access to the Platform without our written consent

5. Subscriptions and billing

Certain features of the Platform require a paid subscription. Subscription fees are billed in advance on a recurring basis (monthly or annually) through Stripe or Apple In-App Purchase. You authorize us to charge your payment method for all fees incurred. Subscription renewals are automatic unless cancelled before the renewal date.

Refunds are handled in accordance with the applicable payment provider’s policies. We may change subscription pricing with at least 30 days’ notice before the next billing cycle.

Apple In-App Purchase: If you subscribe through the iOS app, payment is charged to your Apple ID account. Subscriptions auto-renew unless turned off at least 24 hours before the end of the current period. Manage subscriptions in your device’s Settings → Apple ID → Subscriptions. Refunds for Apple purchases are handled exclusively by Apple.

6. Payments

Payment processing for transactions between artists and their clients is handled by Stripe. By accepting payments through SWAK, you agree to Stripe’s Connected Account Agreement. Lipstick Studio LLC is not responsible for payment disputes between artists and their clients.

7. Your content and data

You retain ownership of all content and data you upload to the Platform (“Your Content”), including client records, product listings, images, and business information. You grant us a limited, non-exclusive license to host, store, and process Your Content solely to provide and improve the Platform.

You are responsible for ensuring you have the right to upload and use all content, and that Your Content does not violate any third-party rights or applicable laws.

8. Client data responsibilities

As a studio owner, you act as the data controller for your clients’ personal information processed through the Platform. You are responsible for obtaining appropriate consent, providing privacy notices, and complying with applicable data protection laws. We process client data on your behalf as a data processor, as described in our Privacy Policy.

9. Intellectual property

The Platform, including its design, code, features, and branding, is owned by Lipstick Studio LLC and protected by intellectual property laws. These Terms do not grant you any right to use our trademarks, logos, or brand elements without our prior written consent.

10. Limitation of liability

To the maximum extent permitted by law, Lipstick Studio LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform. Our total liability for any claim arising from these Terms shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

11. Disclaimer of warranties

The Platform is provided “as is” and “as available” without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

12. Termination

You may close your account at any time. We may suspend or terminate your access if you violate these Terms or for any other reason with reasonable notice. Upon termination, your right to use the Platform ceases immediately. We will retain your data in accordance with our Privacy Policy and applicable law.

13. Changes to terms

We may update these Terms from time to time. We will post the revised Terms here and update the “Last updated” date. For material changes, we will notify you by email or in-app notice. Continued use of the Platform after notice constitutes acceptance.

14. Governing law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved in the courts located in Texas.

15. Contact

Questions about these terms? Contact us at support@sealedkiss.com.