Terms of Service

Last updated: January 4, 2026

Welcome to Mend! These Terms of Service ("Terms" or "Agreement") constitute a legally binding agreement between you and Lukas Vaičiulis, operating as Mend ("Mend," "we," "us," or "our"), located in Vilnius, Lithuania, European Union, governing your access to and use of the Mend: AI Photo Editor mobile application ("App") and all related services (collectively, the "Services").

IMPORTANT: PLEASE READ CAREFULLY

BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. If you do not agree to these Terms, do not download, install, or use the App.

THESE TERMS CONTAIN:

Key Terms Summary

1. Acceptance of Terms

By downloading, installing, accessing, or using the App in any manner, you represent and warrant that:

1.1 Changes to These Terms

We reserve the right to modify these Terms at any time. For material changes (including changes to arbitration provisions, payment terms, or limitation of liability), we will:

For non-material changes, your continued use of the App after notification constitutes acceptance. If you do not agree to any modification, you must stop using the App immediately.

2. Description of Service

Mend is an AI-powered photo editing application that allows you to:

The Services utilize third-party artificial intelligence services to process your photos. You acknowledge and agree that:

3. Eligibility and Age Requirements

Mend is intended for users 16 years of age and older. By using this App, you confirm that you meet this age requirement.

3.1 COPPA Compliance

We comply with the Children's Online Privacy Protection Act (COPPA). We do not knowingly collect personal information from children under 13 years of age. If you are a parent or guardian and believe your child under 13 has provided us with personal information, please contact us immediately at support@usemend.app. We will promptly delete such information from our systems.

3.2 Parental Guidance

AI-generated content can be unpredictable and may occasionally produce unexpected results. Parental guidance is strongly recommended for users under 18 years of age.

4. Account Registration and Security

You may use Mend as a guest (anonymous user) or create an account using Apple Sign-In or Google Sign-In. If you create an account:

You agree not to create multiple accounts to circumvent usage limits, abuse free trials, or for any other improper purpose.

5. Subscriptions and Payments

5.1 Subscription Plans

Mend offers a weekly subscription plan that provides access to premium features, including:

Subscription prices vary by region and are displayed in your local currency through the applicable app store.

5.2 Free Trial

We may offer a free trial period for eligible new subscribers. Free trial eligibility is determined by the Apple App Store or Google Play Store and may not be available to all users. If you do not cancel your subscription at least 24 hours before the trial ends, your subscription will automatically convert to a paid subscription at the applicable rate.

5.3 Billing and Auto-Renewal

5.4 Cancellation

You can cancel your subscription at any time through your device's subscription settings:

Cancellation takes effect at the end of the current billing period. You will retain access to premium features until the end of your paid period. No refunds are provided for partial billing periods, unused time, or unused credits.

5.5 Subscription Refunds

Refund Policy

All subscription purchases are final and non-refundable to the maximum extent permitted by applicable law.

Refund requests for subscriptions must be directed to:

Mend does not process subscription refunds directly. Apple and Google have sole discretion over subscription refund decisions according to their respective policies.

6. Credits System and Non-Refundable Usage

6.1 How Credits Work

NON-REFUNDABLE CREDITS - PLEASE READ CAREFULLY

CREDITS CONSUMED FOR AI GENERATIONS ARE FINAL AND NON-REFUNDABLE.

Once you submit a photo for AI processing and a credit is consumed, that credit cannot be refunded, regardless of:

By initiating an AI generation, you acknowledge and accept that the credit will be consumed and is non-refundable.

Automatic Credit Refunds: Credits are ONLY automatically refunded in the following limited circumstances:

We strongly recommend using the preview feature to understand effects before generating.

6.2 Service Availability and Credits

The Services may be temporarily unavailable due to maintenance, updates, or technical issues. Service outages or interruptions do not create any right to refunds, credits, or compensation, except as required by applicable law. Unused credits that expire during an outage are not restored.

7. EU Consumer Rights - Digital Content

Important Information for EU/EEA Consumers

If you are a consumer in the European Union or European Economic Area, you have certain rights under the Consumer Rights Directive (2011/83/EU) regarding digital content and services.

7.1 Right of Withdrawal

Under EU law, you generally have a 14-day right to withdraw from distance contracts for digital content. However, you expressly acknowledge and agree that:

You may still cancel future subscription renewals at any time (see Section 5.4).

7.2 Statutory Rights

Nothing in these Terms affects your statutory rights as a consumer that cannot be waived or limited by contract under applicable law. This includes rights under consumer protection laws in your country of residence.

8. User Content and Responsibilities

8.1 Your Content

You retain all ownership rights to the original photos you upload to Mend ("Input Content"). By uploading content, you grant us a limited, non-exclusive, worldwide, royalty-free license to:

This license terminates when you delete your content or account, except as required for backup, legal compliance, or fraud prevention purposes.

8.2 Generated Content Ownership

Subject to these Terms and applicable law, Output Content generated using Mend belongs to you. You may use Output Content for personal and commercial purposes, subject to:

Important: Due to the nature of AI technology, other users may receive similar outputs when using similar inputs or effects. We do not guarantee that your Output Content will be unique.

8.3 Your Representations and Warranties

By uploading any content to Mend, you represent and warrant that:

8.4 Content Restrictions

Prohibited Content

You may not upload, generate, or attempt to generate content that:

We reserve the right to reject, remove, or refuse to process any content that violates these restrictions, without refund and without prior notice.

9. AI Processing and Third-Party Services

9.1 Third-Party AI Providers

By using Mend, you acknowledge and expressly consent that your photos and prompts will be transmitted to and processed by third-party AI service providers. Currently, we use:

These providers have their own terms of service and privacy policies. We are not responsible for the data practices of third parties beyond what is governed by their published terms.

9.2 AI Training Disclosure

Regarding how your data may be used for AI model training:

For complete details, please review the Replicate Privacy Policy and OpenAI Privacy Policy.

9.3 Content Moderation

We use automated systems and third-party services to review content for safety and policy compliance. Content that violates our guidelines or is flagged by our moderation systems may be:

9.4 AI Limitations Acknowledgment

You acknowledge and agree that:

10. Prohibited Uses

You agree not to:

11. Usage Limits and Service Restrictions

11.1 Rate Limits and Fair Use

To ensure service quality and prevent abuse, we implement reasonable usage limits and rate limiting on our Services. These limits may include:

We do not disclose specific limit thresholds to prevent circumvention. Normal users engaging in legitimate use of the App will not encounter these limits.

11.2 Temporary Restrictions

If our automated systems detect unusual activity, policy violations, or potential abuse, we may apply temporary restrictions to your account, including:

These restrictions are designed to protect our service and other users. They are typically temporary and will be lifted automatically after a cooling-off period or upon review.

11.3 Escalating Restrictions

Repeated or severe violations may result in escalating consequences:

Long-term subscribers in good standing may receive more lenient treatment for first-time or minor infractions.

11.4 Appeals

If you believe a restriction was applied in error, you may contact us at support@usemend.app to request a review. We will investigate and respond within 7 business days, though complex cases may require additional time.

12. Export Controls and Sanctions

The App may be subject to export control and sanctions laws and regulations. You represent and warrant that:

13. Intellectual Property

The App, including its design, features, functionality, graphics, user interface, audio, video, text, and all other content (excluding User Content), is owned by Mend and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not:

14. Copyright Complaints (DMCA)

We respect intellectual property rights and respond to valid notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA) and applicable laws.

If you believe that content available through our App infringes your copyright, you may submit a DMCA takedown notice containing:

Send copyright notices to: support@usemend.app with subject line: "DMCA Copyright Notice"

We may terminate the accounts of repeat infringers.

15. Indemnification

Your Indemnification Obligations

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Mend and its owner, officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with our defense.

For EU/EEA consumers: This indemnification provision applies only to the extent permitted by applicable consumer protection laws in your jurisdiction.

16. Disclaimer of Warranties

IMPORTANT DISCLAIMER

THE APP AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

YOU USE THE APP AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE APP.

For EU/EEA consumers: This disclaimer does not affect your statutory rights under applicable consumer protection laws, including rights regarding digital content conformity.

17. Limitation of Liability

LIMITATION OF LIABILITY - PLEASE READ CAREFULLY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

1. EXCLUSION OF DAMAGES: IN NO EVENT SHALL MEND, ITS OWNER, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY:

ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP, REGARDLESS OF THE CAUSE OF ACTION OR THE BASIS OF THE CLAIM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

2. DAMAGE CAP: OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE GREATER OF:

3. ESSENTIAL PURPOSE: THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MEND. THE APP WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

Liability Carve-Outs (Mandatory)

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY FOR:

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

18. Assumption of Risk

By using the App, you expressly acknowledge and assume the following risks:

19. Termination

19.1 Termination by Us

We may suspend or terminate your access to the App immediately, without prior notice or liability, if:

19.2 Termination by You

You may terminate your account at any time through the App's Settings menu by selecting "Delete Account." Account deletion will:

Important: Account deletion does NOT automatically cancel any active subscription. You must cancel your subscription separately through the Apple App Store or Google Play Store.

19.3 Effect of Termination

Upon termination:

20. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Lithuania, without regard to its conflict of law provisions.

For users in the European Union: This choice of law does not deprive you of the protection afforded by mandatory provisions of consumer protection laws in your country of residence that cannot be derogated from by agreement.

21. Dispute Resolution - European Union Users

If you are a consumer in the European Union, you have the right to:

Note: The European Commission's Online Dispute Resolution (ODR) platform was discontinued on July 20, 2025. For information about consumer dispute resolution in the EU, please visit the European Commission's consumer rights page.

Before initiating formal proceedings, we encourage you to contact us at support@usemend.app to attempt to resolve any dispute informally.

22. Dispute Resolution - United States Users

BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

22.1 Agreement to Arbitrate

If you are a resident of the United States, you and Mend agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the App (collectively, "Disputes") will be resolved exclusively through binding individual arbitration, rather than in court, except that:

22.2 Class Action Waiver

YOU AND MEND AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate more than one person's claims and may not preside over any form of class, collective, or representative proceeding.

22.3 Arbitration Procedures

Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will take place in the English language. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

22.4 Opt-Out

You may opt out of this arbitration agreement by sending written notice to support@usemend.app within 30 days of first accepting these Terms. Your notice must include your name, address, email, and a clear statement that you wish to opt out of the arbitration agreement.

22.5 Exceptions

This arbitration agreement does not apply to claims related to sexual assault or sexual harassment, as prohibited by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.

23. General Provisions

23.1 Entire Agreement

These Terms, together with our Privacy Policy, Biometric Data Policy, and any other legal notices published on the App, constitute the entire agreement between you and Mend regarding your use of the App and supersede all prior agreements, understandings, or representations.

23.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' intent.

23.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Mend.

23.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

23.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of government, pandemics, labor disputes, communication failures, or power outages.

23.6 Notices

We may provide notices to you through the App, by email to the address associated with your account, or by other reasonable means. You may provide notices to us by email at support@usemend.app.

23.7 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights, except that Apple, Google, and their subsidiaries are third-party beneficiaries of these Terms with respect to users of their respective app stores.

24. Apple-Specific Terms

If you are using the App on an Apple device, the following additional terms apply as required by Apple:

25. Data Breach Notification

In the event of a data breach affecting your personal information, we will:

26. Contact Us

If you have any questions, concerns, or complaints about these Terms or the App, please contact us:

By using Mend, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.