Terms of Use
Last Updated: September 15, 2025

Table of Contents

  1. Introduction

  2. Copyright

  3. Trademarks

  4. Color Information

  5. Responsibility for your Content

  6. Your Use of Content on the Sites and Limitation of Liability

  7. Your Content Submissions
    7a. Ratings and Reviews
    7b. Content Posted on Social Media Channels

  8. The Beau App Community

  9. Third Party Content and Third Party Sites

  10. Mobile Services

  11. Modification of Content

  12. Reservation of Rights

  13. Disclaimer of Warranties

  14. Disclaimer of Liabilities

  15. Indemnification

  16. DMCA

  17. Fraud Protection Program

  18. Privacy

  19. Waiver

  20. English Language

  21. Dispute Resolution

  22. Legal Disputes; Class Action Waiver; Jury Trial Waiver

  23. Choice of Law/Forum Selection

  24. Severability

  25. Notice to California Consumers

1. Introduction
These Terms of Use (“Terms of Use”) govern your access to and use of the services, features, and functionalities offered by The Beau App, LLC (“The Beau App”), including, but not limited to, the website located at www.bookwihtbeau.io, The Beau App mobile application, and any other websites, mobile sites, applications, platforms, tools, or services that are owned, operated, or controlled by The Beau App, where these Terms are referenced or made available, or where no separate terms are provided (collectively, the “Sites”). These Terms also apply to your interactions with The Beau App at any physical location, event, or other point of contact. By accessing or using the Sites through any device, including but not limited to desktop computers or mobile devices, you agree to be bound by these Terms and to use the Sites in accordance with all applicable laws and regulations.

PLEASE NOTE: THESE TERMS CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER, AS DETAILED IN THE “LEGAL DISPUTES” SECTION, BELOW.

If you register for a The Beau App account, you will have pages associated with your The Beau App account, including a Profile page and Account page. Your pages are not visible to anyone but you.

The Beau App has an online social community (“Community”). Community allows you to participate in Conversations on the Community Home, join The Beau App Groups, provide Ratings & Reviews, ask and answer in Questions & Answers, receive product recommendations, and post photos in The Beau App Gallery. These Terms of Use govern your participation in the Community.

BY USING THE SITES, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE (INCLUDING THE CLASS ACTION AND JURY TRIAL WAIVERS BELOW), OUR PRIVACY POLICY AND OUR GUIDELINES AND RULES. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE OUR SITES.

We also like to interact with you on third party sites where we post content or invite your feedback, such as https://www.instagram.com/bookwithbeau/ ("Third Party Sites"). Our Terms of Use and other areas of our Sites may provide guidelines ("Guidelines") and rules and regulations ("Rules") in connection with the Community, including services that involve Third Party Sites, but The Beau App does not control those Third Party Sites, and these Terms of Use, our Guidelines and our Rules do not apply to companies that The Beau App does not own or control, or to the actions of people that The Beau App does not employ or manage. You should always check the terms of use posted on Third Party Sites.

The Beau App reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, Guidelines and Rules from time to time at any time, without notice, and in its sole discretion. If The Beau App decides to change these Terms of Use, The Beau App will post a new version on the Sites and update the date set forth above. ANY CHANGES OR MODIFICATIONS TO THESE TERMS OF USE, GUIDELINES OR RULES WILL BE EFFECTIVE UPON POSTING OF THE REVISIONS. THE UPDATED TERMS OF USE WILL REPLACE THE PRIOR VERSION AND ARE APPLICABLE TO ANY FUTURE DISPUTES BETWEEN THE PARTIES, REGARDLESS OF WHEN THE DISPUTED INTERACTIONS AROSE. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites and your participation in the Community.

2. Copyright
All content and materials available on the Sites, including but not limited to all design elements, text, graphics, logos, button icons, images, audio and video clips, software, and the selection, coordination, and arrangement thereof, are the exclusive property of The Beau App and are protected by applicable United States and international copyright laws. © 2025 The Beau App. ALL RIGHTS RESERVED. The compilation of all content on the Sites—defined as the collection, organization, and assembly of such content—is likewise the sole and exclusive property of The Beau App and is protected accordingly. All software incorporated into or made available through the Sites is either owned by The Beau App or licensed from third-party providers and is similarly protected under copyright and other applicable intellectual property laws. Users are granted a limited, non-exclusive, non-transferable license to electronically copy and to print hard copy portions of the Sites solely for the purpose of placing an order with The Beau App, engaging with The Beau App community, or otherwise using the Sites as a personal shopping and informational resource. Any other use of the content or materials on the Sites, including but not limited to reproduction, modification, distribution, republication, transmission, display, or performance, for purposes not expressly authorized herein, without the prior written consent of The Beau App, is strictly prohibited and may result in civil or criminal liability to the fullest extent permitted by law.

3. Trademarks
The Sites and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of The Beau App  and may not be used in connection with any product or service that is not offered by The Beau App in any manner that is likely to cause confusion among customers. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

4. Color Information
While The Beau App has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

5. Responsibility for your Content
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, through the Community or otherwise, including the submission of product Ratings & Reviews, Questions & Answers, and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, "Content"). We will not accept Content from you unless you are a registered user of the Sites and a member of Community.

Note that “Content” does not include information gathered from your mobile device through hardware and software which transmits a Bluetooth signal to and/or works with your mobile device running The Beau App Mobile (which can include your iPhone, iPod or iPad). Our Privacy Policy covers the collection and use of such information.

This website employs cookies, pixels, and other tracking technologies administered by Beau and third-party providers, including but not limited to Microsoft Clarity, for the purposes of enabling website functionality, enhancing the user experience, analyzing site performance and traffic, and delivering advertising and marketing communications. For more information on Microsoft Clarity, please visit their website: https://clarity.microsoft.com/privacy 

6. Your Use of Content on the Sites and Limitation of Liability
The Beau App provides the Sites and the Community and all other applications and services on the Sites as a forum only. The Beau App is not liable for any statements, representations, or Content provided by its users in any public forum on the Sites or any Third Party Site, including without limitation through the Community. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Sites or any Third Party Site, including through the Community, is not controlled by The Beau App. The Beau App cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Community, you may be exposed to Content that may be offensive, indecent or objectionable and The Beau App shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will The Beau App be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Sites or through the Community.

Users of The Beau App may submit reviews, comments, or other content through our app or website. Such content reflects the opinions and views of the individual users only and does not represent or reflect the views of The Beau App. We are not responsible or liable for the accuracy, legality, or appropriateness of user-generated content.

Except in cases where content is unlawful, defamatory, harassing, fraudulent, or otherwise egregious, The Beau App does not monitor, control, or intervene in communications, reviews, or interactions between users. However, we reserve the right, at our sole discretion, to remove or restrict content if we determine it violates our Terms of Use, this Privacy Policy, or applicable law.

For California residents: to the extent that user-generated content includes personal information as defined under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), you have the rights described in the “Your Rights” section of this Privacy Policy, including the right to request access to or deletion of your personal information. Please note, however, that removal of user content under California’s “Eraser Button” law (Cal. Bus. & Prof. Code § 22581) does not guarantee complete or comprehensive removal, as copies may remain accessible if reposted by others or required by law.

You may access the Content and any other content on the Sites only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers. The Beau App reserves all rights not expressly granted in and to the Content. When using the Community, you may not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.

Except as expressly authorized under these Terms of Use, you agree not to copy, reproduce, modify, create derivative works from, alter, distribute, republish, reverse-engineer, decompile, disassemble, upload, post, transmit, publicly perform or display, license, transfer, sell, mirror, frame, “deep link,” “scrape,” data mine, extract, or otherwise exploit or use any content, technology, services, information, or materials obtained from or made available through the Sites. Any attempt to access or utilize the Sites or any portion thereof for purposes of developing, training, or enhancing any artificial intelligence system, whether through manual processes or the use of automated tools, software, or technologies—including, but not limited to, data extraction or scraping tools operated by third parties—is strictly prohibited and constitutes a violation of these Terms of Use and applicable law.

7. Your Content Submissions
By submitting Content to The Beau App and participating in the Community, you represent and warrant that you will comply with the following (“Content Submission Requirements”):

  • You understand you are participating in a public forum and that your Content and other personal information will be available to all other users of the Sites, the Community, and potentially Third Party Sites;

  • You are the sole author and owner of the intellectual property and other rights (or have the necessary licenses and permissions);

  • You understand The Beau App may use your Content in marketing materials (e.g., bookwithbeau.com, emails, social media);

  • You will comply with FTC’s endorsement and testimonial guidelines:

    • Statements in your Content are truthful and reflect your honest experience;

    • Any “look” in the Content fairly represents the performance of the product(s);

    • You disclose any compensation or material connection to The Beau App or third parties;

  • You waive all “moral rights” in the Content;

  • All Content posted is accurate;

  • You meet age and legal eligibility. California residents under 18 can request removal of posted content (contact: CONTACT@THEBEAUAPP.COM)

  • Use of your Content does not violate these Terms or harm any person/entity.

You also represent and warrant that Content:

  • Is not false or misleading;

  • Does not harm minors;

  • Does not contain or solicit medical advice;

  • Does not infringe intellectual property, publicity, or privacy rights;

  • Does not violate laws or contracts;

  • Is not defamatory, hateful, harassing, obscene, or otherwise objectionable;

  • Is relevant to the product or topic;

  • Does not reference external websites or contact info;

  • Does not contain spam, viruses, or impersonation.

The Beau App does not endorse Content or opinions expressed by users and disclaims all related liability.

Content ideas or proposals submitted to The Beau App:

  • Are not confidential or proprietary;

  • May be similar to existing The Beau App initiatives;

  • Are submitted without expectation of compensation.

You grant The Beau App a worldwide, perpetual, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, and publish your Content in any form or media, including with third-party partners and retailers. This license survives the termination of these Terms.

When you post content, you acknowledge it is public and may be used by others. Post only content you have rights to and that is fair and truthful.

You retain ownership of your Content but grant The Beau App permission to use it in places like marketing.

Business or idea proposals submitted in public forums are not confidential or compensated.

7a. Ratings & Reviews / Questions & Answers

Use Ratings & Reviews to share honest feedback about products. By submitting reviews or questions, you agree they meet the Content Submission Requirements.

Review Submission:

  • Be insightful and relevant to the specific product.

  • Returning users log in with email/password. New users register with email and password.

  • You may upload a photo or video (see guidelines below).

  • Answer optional questions about personal attributes (e.g., skin type, age).

  • Preview your Review before submission. Reviews may take up to 72 hours to appear.

Product Ratings:

  • Rate using a 5-star scale (1 = lowest, 5 = highest).

Q&A Submission:

  • Preview your submission before posting.

  • Questions/Answers may take up to 72 hours to appear.

Q&A Guidelines:

When asking a question:

  • Stay focused on the product;

  • Share relevant personal info to help others (e.g., skin tone);

  • Don’t ask for medical advice;

  • Submit in English or French.

When answering a question:

  • Share helpful personal experience;

  • Avoid medical advice;

  • Submit in English or French.

Photo Guidelines:

  • Must relate to the product;

  • File types: BMP, PNG, GIF, JPEG; max 2MB; min size: 60x60 px;

  • Objectionable images will be rejected.

Video Guidelines:

  • Must relate to product and be under 5 mins;

  • Hosted on YouTube with clear visuals/audio.

Moderation:

Content may be moderated and removed if it violates Terms. Some flagged Content may be removed post-publication.

Customer Service Issues:

For questions about orders, pricing, delivery, etc., contact The Beau App directly: Customer Service

Questions about products can be submitted via the Q&A feature. Community members may respond. All content is moderated.

7b. Content Posted on Social Media Channels

If The Beau App asks to use your social media content ("Social Media Content") and you agree, the following applies:

The Beau App may use your Social Media Content:

  • On its Community Gallery: The Beau App Gallery;

  • In The Beau App marketing materials (e.g., websites, emails, stores);

  • With links allowing users to shop products shown in your content;

  • In whole or in edited form (e.g., cropped images or excerpts).

You represent and warrant:

  • You own the content and have all necessary rights;

  • No other people appear in the content;

  • Products shown were used as directed and results are accurate;

  • Any statements or reviews are honest and true;

  • You disclosed any compensation or brand relationships in your caption;

  • The Beau App may disclose that compensation/incentive was received;

  • The Beau App’s use of the content will not violate any third-party rights.

8. The Beau App Community
The Community is an online social platform located on bookwithbeau.com and The Beau App mobile application. Community membership is required to engage with certain features within The Beau App, including Groups, Community Home, the Gallery, Ratings & Reviews, and Questions & Answers. You MUST meet the applicable age and legal eligibility requirements to participate.

To become a Community member, you must register for The Beau App account and create a profile.

Once you’ve joined the Community, parts of your profile will be visible to all users, while some elements are visible only to you. Publicly visible information includes your profile photo or avatar, banner image, nickname, the number of members you follow and who follow you, your socials, including, but not limited to Instagram, TikTok, etc, and shared “About You” content. Your selected personal traits—such as skin tone and type, hair color and type, eye color, Color IQ, and age range—are also publicly visible unless you adjust your privacy settings. Traits such as skin concerns and hair concerns are not shown on your public Profile page but will appear when you post content to Ratings & Reviews and/or Questions & Answers. You may update or edit your “About You” content, personal characteristics, and photos at any time.

Additional sections of your Profile page include:

My Groups
Any Groups you join based on your interests will appear under My Groups. You may join or leave Groups at any time. If no Groups have been joined, this section will appear as Featured Groups, which displays suggested Groups based on your activity. Featured Groups are only visible to you.

My Recent Conversations
Conversations you participate in via Community Home will appear here. If no conversations exist, this section will show as Featured Conversations, which includes suggested topics based on your activity. Featured Conversations are visible only to you.

You may also contact other The Beau App users directly via the Messages feature on your Profile page.

My Photos
Photos or videos you’ve submitted to the Gallery will appear here. If you haven’t uploaded any, the section will display Featured Photos, based on your app activity. Featured Photos are only visible to you.

My Recent Reviews
Any product ratings and reviews you've submitted will appear under My Recent Reviews.

Review Recent Purchases
This section shows products you’ve purchased through The Beau App that haven’t yet been reviewed. Only you can see this section.

Products Recommended For You
The Beau App
will suggest personalized product recommendations in this section. It is visible only to you.

The Beau App may introduce new Community features over time.

Unless otherwise specified in these Terms of Use, all public information associated with your Community membership may be visible to other users.

If you have questions about your account or Community membership, including how to adjust privacy settings or delete specific content, please contact Customer Support at CONTACT@THEBEAUAPP.COM. For example, you may delete photos or videos you’ve uploaded to the Gallery, update or remove your “About You” section, or deselect traits like skin concern, hair concern, skin type, and hair type. Customer Support can assist with deleting Ratings & Reviews, Questions & Answers, Gallery posts, and your Profile photo/avatar and banner photo. Please note that while not all information may be fully deleted at this time, any content you privatize or remove according to the steps above—and if you do not share your nickname—will not be readily accessible to other users.

9. Third-Party Content and Third-Party Websites
The Beau App
may, for informational purposes, make available content originating from third parties (“Third-Party Content”) and/or provide hyperlinks or other references to external websites operated by third parties (“Third-Party Sites”). Such content and links are provided solely as a convenience to users and do not constitute an endorsement, approval, or sponsorship by The Beau App.

The Beau App does not exercise any control over, and does not monitor, approve, guarantee, or assume responsibility for, the accuracy, completeness, timeliness, legality, or reliability of any Third-Party Content or the practices, policies, or content of any Third-Party Site. The inclusion of such links or references does not imply any affiliation, partnership, or other relationship between The Beau App and the third party.

Users acknowledge and agree that access to and use of Third-Party Content or Third-Party Sites is at their own risk. The Beau App shall not be liable for any loss or damage arising from such use.

Third-Party Content may include, without limitation, product reviews, ratings, questions and answers, and other material submitted by users or originally published on external platforms, including but not limited to websites hosted or managed by brands whose products may be featured within The Beau App ecosystem. Third-Party Content does not necessarily reflect the views, opinions, or positions of The Beau App.

10. Mobile Services
By accessing the websites, mobile applications, or other digital platforms of The Beau App (collectively, the “Sites”) via a mobile device, you acknowledge that The Beau App does not currently impose any separate charges for such access. However, you may receive communications from us via text message or voice call regarding products, services, promotions, or account-related matters. Standard messaging, data, and other fees may be imposed by your mobile carrier, and you are solely responsible for any such charges. If you provide your mobile phone number to The Beau App, you expressly consent to receiving such communications in accordance with applicable law and our Privacy Policy. For more information regarding our use of mobile-related data, including phone numbers, please refer to our Privacy Policy.

11. Modification of Content
All content submitted by you to The Beau App through its websites, mobile applications, or affiliated digital platforms shall be deemed non-confidential and may be used by The Beau App at its sole discretion. While The Beau App may, but is not obligated to, pre-screen user-submitted content, it reserves the right—exercised solely at its own discretion—to review, modify, condense, or remove any such content at any time and for any reason, including but not limited to, content that is determined to be in violation of applicable guidelines, these Terms of Use, or any applicable law or regulation. The Beau App does not guarantee that you will have the ability to edit or delete any content you have submitted. Furthermore, The Beau App may, in its sole discretion, associate or incorporate your submitted content into any user account you currently hold, or may hold in the future, on the Sites. Content such as ratings and reviews, responses to questions, or uploaded images may typically be published within two to four business days, but The Beau App reserves the right to decline or remove any such submission at any time. You acknowledge and agree that you, and not The Beau App, are solely responsible for the accuracy, legality, and appropriateness of any content you submit. None of your submitted content shall be subject to any confidentiality obligation on the part of The Beau App or its affiliates, agents, subsidiaries, partners, or third-party service providers, nor on the part of any of their respective officers, directors, or employees.

12. Reservation of Rights
The Beau App retains the sole and absolute discretion to suspend, restrict, or permanently revoke your access to the Community features or any portion of the Sites, at any time and without prior notice. Additionally, The Beau App may, as necessary and in accordance with applicable law, access, retain, or disclose information related to your account or submitted content when it reasonably believes such action is required to: (i) comply with legal obligations or governmental requests; (ii) enforce these Terms of Use; (iii) investigate or respond to claims involving third-party rights violations; (iv) address user support or service inquiries; or (v) safeguard the rights, property, or personal safety of The Beau App, its personnel, users, or the public.

13. Disclaimer of Warranties
The Beau App provides the Sites, Community, and all associated content and features on an “as is” and “as available” basis, without any express or implied warranties of any kind. To the fullest extent permitted by law, The Beau App disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement of third-party intellectual property rights. The Beau App does not guarantee the accuracy, completeness, reliability, or timeliness of any information made available through the Sites or the Community.

Please be aware that certain jurisdictions may limit or prohibit the exclusion of implied warranties, in which case some of the disclaimers above may not apply to you. However, they shall apply to the maximum extent allowed under applicable law. All pricing and product availability information is subject to change at any time without notice.

14. Disclaimer of Liabilities
THE BEAU APP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR THE COMMUNITY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. 

THE BEAU APP MOBILE INCLUDES AN OPTIONAL “PERSISTENT LOG-IN” FEATURE WHICH ALLOWS REGISTERED USERS OF THE BEAU APP TO REMAIN LOGGED IN WHILE THE APPLICATION IS CLOSED IN ORDER TO AVOID HAVING TO REENTER YOUR LOG-IN INFORMATION EACH TIME YOU OPEN THE APPLICATION. YOU UNDERSTAND THAT IF YOU CHOOSE TO ENABLE THIS OPTION, ANYONE WHO GAINS ACCESS TO YOUR MOBILE DEVICE WILL BE ABLE TO ACCESS, MODIFY AND USE YOUR THE BEAU APP ACCOUNT AND YOUR MEMBERSHIP, IF ANY. IN ADDITION, IF YOU HAVE CHOSEN TO PERMIT THE BEAU APP TO STORE YOUR CREDIT CARD INFORMATION, WHETHER YOU HAVE ENTERED YOUR CREDIT CARD INFORMATION MANUALLY OR BY USING THE “SCAN YOUR CARD” FEATURE, ANYONE WHO GAINS ACCESS TO YOUR MOBILE DEVICE MAY BE ABLE TO MAKE PURCHASES THROUGH THE BEAU APP MOBILE USING YOUR CREDIT CARD ACCOUNT. FOR THIS REASON, WE STRONGLY RECOMMEND THAT IF YOU CHOOSE TO ENABLE THE PERSISTENT LOG-IN FEATURE THAT YOU ALSO ENABLE THE “PASSCODE LOCK” SECURITY FEATURE ON YOUR MOBILE DEVICE TO PROTECT AGAINST UNAUTHORIZED ACCESS TO AND USE OF YOUR MOBILE DEVICE AND YOUR THE BEAU APP ACCOUNT. WHETHER OR NOT YOU CHOOSE TO ENABLE THE PASSCODE-LOCK FEATURE, YOU UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO PROTECT AGAINST UNAUTHORIZED ACCESS TO YOUR ACCOUNT AND THAT THE FOREGOING DISCLAIMER AND LIMITATION OF LIABILITY APPLY TO ANY AND ALL LOSSES OR DAMAGES OF ANY KIND INCURRED BY YOU AS A RESULT OF ANYONE GAINING UNAUTHORIZED ACCESS TO YOUR MOBILE DEVICE. IF YOU DO NOT AGREE TO THIS LIMITATION OF LIABILITY, YOU SHOULD NOT ENABLE THE PERSISTENT LOG-IN FEATURE.

15. Indemnification
You agree to indemnify, defend, and hold harmless The Beau App, including its officers, directors, agents, subsidiaries, joint ventures, employees, and third-party service providers, from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, and obligations, including reasonable attorneys’ fees, arising out of or related to: (a) your misuse of the Sites or the Community; (b) any breach or violation of these Terms of Use by you; (c) any breach of the representations or warranties you have made concerning your Content; (d) your violation of any applicable law or the rights of any third party, including but not limited to intellectual property, privacy, or proprietary rights; or (e) any claim alleging that the Content you submitted caused harm or damage to a third party. This indemnification obligation shall survive the termination of these Terms of Use and shall remain in effect with respect to any misuse of the Sites or the Community.

16. DMCA Notice
If you believe that any content or work you own has been copied and posted on the Sites in a manner that infringes your copyright, please submit a written notification to The Beau App’s designated copyright agent in accordance with the Digital Millennium Copyright Act ("DMCA"). Your notice should include the following information:

  • An electronic or physical signature of the individual authorized to act on behalf of the copyright owner;

  • A clear description of the copyrighted work you claim has been infringed;

  • A description of the location on the Sites where the infringing material is found;

  • A statement, made in good faith, that you believe the disputed use is unauthorized by the copyright owner, its agent, or the law;

  • Your full name, address, telephone number, and email address (if available); and

  • A statement, made under penalty of perjury, confirming that the information provided is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

17. Fraud Protection Program
As part of our order processing protocol, The Beau App screens all orders to detect potential fraud or any unauthorized or unlawful activities. We reserve the right to decline or refuse to process any order suspected of fraud, unauthorized use, illegal activity, or violation of The Beau App’s established policies. In such instances, we may cancel your order or contact you via the phone number or email address provided to verify the order details. Additionally, we reserve the right to terminate accounts or refuse shipment to specific addresses if there is suspicion of fraudulent, unauthorized, or illegal conduct. These measures are implemented to safeguard both our customers and The Beau App from fraudulent or unlawful activities.

18. Privacy
By providing your email address in connection with your account, you consent to The Beau App and its third-party service providers using your email to communicate with you regarding your account, any Content you have submitted to the Sites or the Community, or for other administrative purposes, as well as for any purposes permitted or required by law. For more information on how The Beau App collects, uses, and protects your personally identifiable information, including data provided through your use of the Sites and participation in the Community, please refer to The Beau App’s Privacy Policy.

19. Waiver
No waiver of any provision of these Terms of Use shall be construed as a continuing or future waiver of that provision or any other provision. The Beau App's failure to enforce any right or provision under these Terms of Use shall not be deemed a waiver of such right or provision.

20. English language
The parties expressly agree that these Terms of Use and all related documents shall be drafted in the English language.

21. Dispute resolution
In the event of a dispute between you and The Beau App, we aim to provide an efficient and cost-effective resolution through our customer service team. The vast majority of customer service issues can be resolved to the customer’s satisfaction by contacting customer service via email at CONTACT@THEBEAUAPP.COM.

If a dispute cannot be resolved through customer service, these Terms set forth the procedures for dispute resolution.

To the extent permitted by applicable law, you and The Beau App agree that any claim arising out of or relating to the Sites or the Community must be brought within one (1) year after the cause of action accrues; otherwise, it is permanently barred. This limitation does not apply to residents of New Jersey.

22. Legal Disputes; Class Action Waiver; Jury Trial Waiver
If you are a U.S. resident, you also agree to the following terms:

PLEASE READ THIS SECTION CAREFULLY — IT MAY SIGNIFICANTLY IMPACT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR TO HAVE A TRIAL BY JURY.

NO CLASS ACTIONS: Each party knowingly, voluntarily, and intentionally waives the right to participate in any class or collective action against the other party in any dispute or proceeding (whether arising from contract, statute, tort, or any other legal theory). All claims must be brought solely on an individual basis, and not as a plaintiff or member of any purported class, collective, consolidated, representative, or similar action.

WAIVER OF JURY TRIAL: Each party knowingly, voluntarily, and intentionally waives, to the fullest extent permitted by law, any rights they may have (including, but not limited to, any constitutional or statutory rights to a jury trial) to have any dispute between the parties resolved by a jury in any legal proceeding, including disputes arising out of or related to these Terms or the parties’ relationship (whether based on contract, statute, tort, or other theories).

23. Choice Of Law/Forum Selection
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflict of law principles. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Kent County, Delaware.

24. Severability
These Terms of Use are intended to be enforced to the fullest extent permitted by law. If any provision is found to be invalid, illegal, or unenforceable in whole or in part, that provision shall be revised or limited to the minimum extent necessary to make it valid and enforceable. Such revision or limitation may be made unilaterally by The Beau App or by a court of competent jurisdiction. If the provision cannot be modified to be enforceable, it will be removed from these Terms without affecting the validity or enforceability of the remaining provisions.

25. Notice to California Consumers

Pursuant to California Civil Code Section 1789.3, California consumers are entitled to the following consumer rights notice: The provider of the Sites is The Beau App. For questions or complaints regarding the Sites, please email CONTACT@THEBEAUAPP.COM with “California 1789.3 Inquiry” in the subject line.

In addition, under the California Consumer Privacy Act (as amended by the California Privacy Rights Act) (“CCPA”), California residents have the right to:

Know what categories and specific pieces of personal information we collect, the sources of that information, the business or commercial purposes for collection, and the categories of third parties with whom we share it;

Delete personal information we have collected, subject to certain exceptions;

Correct inaccurate personal information;

Opt-out of the sale or sharing of personal information;

Limit the use and disclosure of sensitive personal information; and

Not be discriminated against for exercising these rights.

To exercise any of these rights, please email us at contact@thebeauapp.com or follow the instructions provided in our Privacy Policy.

California consumers may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 916-445-1254 or 1-800-952-5210.