Terms of Service

Last Updated: May 1, 2026

This Terms of Service agreement ("Terms") is a binding contract between you and Easy Nail Pass™ ("we", "us", "our"). Please read it carefully — Section 14 contains a binding arbitration agreement and class-action waiver that affect how disputes between us are resolved, with a 30-day opt-out right described there.

1. Acceptance of Terms

By accessing or using Easy Nail Pass™ (the "Service") you agree to these Terms, our Privacy Policy, and all applicable laws. If you do not agree, you must not access or use the Service.

2. Service Description

Easy Nail Pass™ is an online educational platform that helps candidates prepare for the written portion of US state nail technician license exams. We provide practice questions covering content areas commonly tested by state boards, bilingual study (English alongside Korean, Spanish, or Vietnamese), full-length mock examinations, instant explanations, and progress tracking. Texas (TDLR), California (BBC), and New York (NYS DOS) are currently supported.

Independence and non-affiliation. Easy Nail Pass™ is an independent test-preparation service. We are not affiliated with, endorsed by, sponsored by, or otherwise connected to: the National-Interstate Council of State Boards of Cosmetology (NIC), PSI Services LLC, the Texas Department of Licensing and Regulation (TDLR), the New York State Department of State (NY DOS), the California Board of Barbering and Cosmetology (BBC), or any other state or federal agency. References to those entities are nominative — for educational identification only — and all marks, names and acronyms remain the property of their respective owners. We do not administer, score, or have any access to actual licensing examinations.

3. Eligibility and Age Restrictions

Minimum age — 13. The Service is not intended for, directed to, or available to children under the age of 13. We do not knowingly collect personal information from anyone under 13. If we become aware that a user is under 13, we will terminate the account and delete associated personal information promptly. If you are a parent or guardian and believe your child under 13 has provided personal information to us, please contact aiswingx.com@gmail.com and we will delete it.

Users 13–17. If you are between 13 and 17 years old, you may use the Service only with the involvement and supervision of a parent or legal guardian, who must agree to these Terms on your behalf and supervise any purchase. Under California Family Code §6710 and similar laws in some other jurisdictions, a minor's contract may be disaffirmed by the minor or their guardian; you understand and accept this and agree to coordinate any cancellation or refund through the parent/guardian.

By creating an account you represent and warrant that you are at least 13 years old, that the information you submit is accurate and current, and that your use of the Service does not violate any law applicable to you.

4. User Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity on your account. Notify us immediately at aiswingx.com@gmail.com of any unauthorized access. We may suspend an account that we reasonably believe has been compromised.

5. Educational Content Disclaimer

All practice questions, translations, explanations, and study materials are provided for educational and test-preparation purposes only. While our content is built around the content areas commonly tested in state nail-technician licensing exams plus state-specific rules:

  • We do not reproduce or have access to actual exam questions used by any state board or testing vendor (PSI, NY DOS, BBC, TDLR, NIC, etc.).
  • We do not guarantee that you will pass any state's written or practical examination, or that you will be granted a license to practice. Outcomes depend on your study, your state board's standards, and many factors outside our control.
  • We do not prepare you for the practical (hands-on) examination. The practical exam tests technique, sanitation setup, and product handling that can only be learned through in-person school hours and supervised practice. Use Easy Nail Pass™ for the written exam only and pair it with practical training from an approved school.
  • State boards may revise their exams, question pools, pass thresholds, training-hour requirements, fees, and licensing rules without notice. Some answers (board contact info, fee schedules, regulation citations) change over time. Always verify with your state board's official website (tdlr.texas.gov, barbercosmo.ca.gov, dos.ny.gov) for current guidance.
  • Some explanations are produced or assisted by artificial-intelligence systems (see Section 9). AI output may be incomplete, outdated, or inaccurate. Treat AI-generated explanations as study aids — not authoritative legal or medical advice.
6. Payments, No Auto-Renewal, and Refunds

Pricing. Access is sold as a one-time purchase ($29.99 for 90 days of access at the time of writing). Prices are in U.S. dollars and may change with reasonable advance notice posted on the platform; the price you paid for an active access period will not change retroactively.

No subscription, no auto-renewal. Easy Nail Pass™ access is a one-time purchase, not a subscription. When your 90-day access period ends, your access ends. We do not store payment credentials for automatic renewal and we will not charge you again unless you initiate a new purchase. This is intended to comply with state automatic-renewal laws including the California Automatic Renewal Law (Cal. Bus. & Prof. Code §17600 et seq.) and similar New York and federal disclosure rules.

Payment processing. Payments are processed securely through Stripe. We do not store your full credit card number or CVV on our servers. Transaction IDs and amounts are retained for record-keeping and tax purposes.

Refund policy — 7-day money-back guarantee. If you are unsatisfied for any reason, you may request a full refund within 7 days of purchase by emailing aiswingx.com@gmail.com from the address associated with your account. There is no usage-percentage condition. Free practice questions and free mock exams are not refundable because they are provided at no cost.

California minor refunds. A minor (under 18) in California, or that minor's parent or legal guardian, may request a refund or void the transaction at any time as permitted by California Family Code §6710 and similar laws.

Chargebacks. Please contact us first; most issues can be resolved more quickly through our support channel than through your bank's chargeback process.

7. Intellectual Property

All content on the Service — practice questions, explanations, illustrations, graphics, logos, software, and design — is owned by Easy Nail Pass™ or our licensors and is protected by copyright and other intellectual-property laws. "Easy Nail Pass™" is a trademark of the operator. You may use the Service for your own personal, non-commercial study; you may not reproduce, distribute, modify, sell, sublicense, scrape, or create derivative works from any content without our prior written permission.

8. Acceptable Use

You agree not to:

  • Share, distribute, resell, or publish exam questions or other content from the platform.
  • Use bots, scrapers, or other automated tools to access or extract content.
  • Share account credentials or allow other individuals to use your account.
  • Reverse-engineer, decompile, or interfere with the platform's software or security features.
  • Use the Service unlawfully, to harass others, or to upload viruses, malware, or harmful content.
  • Misrepresent your identity, age, or eligibility.
9. AI-Generated Content

Some explanations on the Service are produced or assisted by AI systems including Anthropic's Claude API. AI-generated content can be incorrect, outdated, biased, or hallucinated. Do not rely on AI explanations as your sole source for state-law facts, fee schedules, or medical/health information. We make reasonable efforts to verify content but cannot guarantee accuracy. Use AI explanations as study scaffolding alongside official board materials and your school's instruction.

10. Privacy and Data Protection

Your use of the Service is governed by our Privacy Policy, which describes the personal information we collect, how we use it, your rights under the California Consumer Privacy Act / California Privacy Rights Act (CCPA/CPRA), the EU/UK General Data Protection Regulation (GDPR), and the Children's Online Privacy Protection Act (COPPA) — and the legal bases on which we process personal information.

11. Accessibility

We aim to make the Service accessible to people with disabilities consistent with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. If you encounter an accessibility barrier or need an accommodation, please contact aiswingx.com@gmail.com and we will work with you to provide the information or service through an alternative means.

12. Limitation of Liability

To the fullest extent permitted by applicable law, Easy Nail Pass™ and its operators shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages — including but not limited to lost profits, lost data, or examination outcomes — arising out of or relating to your use of or inability to use the Service, errors or omissions in content (including AI-generated explanations), service interruptions, or unauthorized access to your account.

Our aggregate liability for any claim arising out of or relating to these Terms or the Service shall not exceed the amount you paid us in the twelve (12) months preceding the event giving rise to the claim, or US$50, whichever is greater.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain damages. The above limitations apply only to the extent permitted by applicable law and nothing in these Terms limits our liability for fraud, willful misconduct, gross negligence, or any other liability that cannot be limited by law.

13. No Warranty

The Service is provided on an "as is" and "as available" basis without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or that defects will be corrected.

14. Governing Law, Arbitration, Class-Action Waiver, and Opt-Out

Governing law. These Terms are governed by the laws of the State of Texas, USA, without regard to conflict-of-laws principles, except that the Federal Arbitration Act governs the arbitration agreement below.

Informal resolution first. Before filing any arbitration or lawsuit, you agree to first contact us at aiswingx.com@gmail.com with a description of the dispute and proposed resolution. We will attempt in good faith to resolve the dispute within 30 days.

Binding individual arbitration. If informal resolution fails, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Disputes") will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by these Terms. The arbitrator will have exclusive authority to decide all issues including arbitrability. The arbitration may be conducted by telephone, videoconference, or written submissions where the amount in dispute is less than US$25,000. We will pay the arbitration filing, administration, and arbitrator fees that we are required to pay under the AAA Consumer Rules. Your share of arbitration filing fees will not exceed US$200, and we will pay any additional fees and costs that exceed this amount, except where the arbitrator finds your claim was frivolous or asserted for an improper purpose.

Small-claims court exception. Notwithstanding the arbitration agreement, either party may bring an individual claim in small-claims court if that claim is within the court's jurisdiction and proceeds on an individual (non-class) basis.

Class-action waiver. All disputes will be resolved on an individual basis. You and we waive the right to participate in any class action, collective action, mass action, or representative proceeding, and the arbitrator may not consolidate or join more than one person's claims. If this class-action waiver is held unenforceable as to a specific claim, that claim must proceed in court rather than arbitration. California residents: nothing in this section waives any non-waivable rights you may have under California law, including the right to bring representative actions under the California Private Attorneys General Act (PAGA).

30-day opt-out right. You may opt out of this arbitration agreement and class-action waiver by sending written notice to aiswingx.com@gmail.com within 30 days of first accepting these Terms or any material amendment to this Section 14. The notice must include your full name, the email address associated with your account, and a clear statement that you are opting out of arbitration. Opting out will not affect any other part of these Terms.

Severability. If any portion of this Section 14 is held to be unenforceable, the remaining portions remain in effect.

15. Indemnification

You agree to indemnify, defend, and hold harmless Easy Nail Pass™, its operators, employees, and affiliates from any claims, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of your use of the Service, your violation of these Terms, your violation of applicable law, or your infringement of any third-party right.

16. Account Termination

We may suspend or terminate your account if we reasonably believe you have violated these Terms, engaged in fraudulent or abusive activity, or misused the platform. You may terminate your account at any time by contacting aiswingx.com@gmail.com. Sections that by their nature should survive termination — including intellectual property, disclaimers, limitations of liability, indemnification, and arbitration — will survive.

17. Force Majeure

We are not liable for failures or delays in performance caused by events beyond our reasonable control, including natural disasters, internet or power failures, government action, pandemics, or cyberattacks.

18. Severability and Entire Agreement

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede any prior agreement.

19. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email and a notice on the platform. Your continued use of the Service after the effective date of changes constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service. Updates that materially affect your rights under Section 14 will trigger a fresh 30-day opt-out window.

20. Contact
21. Email and SMS Communications (CAN-SPAM / TCPA)

By creating an account, you agree to receive transactional emails about your account, purchases, and material Service changes — these are not marketing and you cannot opt out without closing your account. Marketing or promotional emails (e.g., new feature announcements, study tips) are sent only with your consent and include a clear unsubscribe link in every message, in compliance with the CAN-SPAM Act. We do not currently send SMS messages. If we add SMS communications in the future, we will obtain prior express consent in compliance with the Telephone Consumer Protection Act (TCPA), with separate consent for marketing messages, clear "STOP" instructions, and standard message-and-data-rate disclosures.

22. Acknowledgment

By creating an account or using the Service, you acknowledge that you have read, understood, and agree to these Terms and our Privacy Policy.