Terms of Service

Last updated: December 16, 2024

Welcome to Mend! These Terms of Service ("Terms") govern your use of the Mend: AI Photo Editor mobile application ("App") and related services provided by Lukas Vaičiulis, operating as Mend ("we", "us", or "our"), located in Vilnius, Lithuania, European Union. By using the App, you agree to these Terms.

1. Acceptance of Terms

By downloading, installing, or using the App, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the App.

We may update these Terms from time to time. Continued use of the App after changes constitutes acceptance of the updated Terms.

2. Description of Service

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

• Apply AI-powered effects and transformations to your photos
• Save generated images to your personal gallery
• Share your creations with others
• Access trending effects and daily rotating filters

3. Eligibility

To use Mend, you must:

• Be at least 17 years old
• Have the legal capacity to enter into these Terms
• Not be prohibited from using the App under applicable laws

By using this App, you confirm that you are at least 17 years of age. We do not knowingly collect or process data from individuals under 17 years of age. If you are a parent or guardian and believe your child has provided us with personal information, please contact us immediately.

4. Account Registration

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

• You are responsible for maintaining the security of your account
• You must provide accurate information
• You are responsible for all activity under your account
• You must notify us immediately of any unauthorized access

5. Subscriptions and Payments

5.1 Subscription Plans

Mend offers subscription plans that provide access to premium features, including:

• Daily AI generation credits
• Access to all effects
• HD exports without watermarks
• Priority processing

5.2 Free Trial

We may offer a free trial period for new subscribers. If you do not cancel before the trial ends, your subscription will automatically convert to a paid subscription.

5.3 Billing

• Subscriptions are billed through the App Store (iOS) or Google Play Store (Android)
• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period
• Your payment method will be charged at confirmation of purchase and at the start of each renewal period
• Prices may vary by location and are displayed in your local currency

5.4 Cancellation

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

• iOS: Settings > Apple ID > Subscriptions
• Android: Google Play Store > Subscriptions

Cancellation takes effect at the end of the current billing period. No refunds are provided for partial periods.

5.5 Refunds

Refund requests are handled by Apple or Google according to their respective policies. We do not process refunds directly.

6. Credits System

• Subscribers receive a daily allocation of credits
• Credits are used to generate AI transformations (1 credit per generation)
• Unused credits expire daily and do not carry over
• If a generation fails due to our error, your credit will be refunded

7. User Content

7.1 Your Content

You retain ownership of the photos you upload to Mend. By uploading content, you grant us a limited license to:

• Process your photos using our AI services
• Store your generated images in your private gallery
• Display content back to you within the App

This license terminates when you delete your content or account.

7.2 Generated Content

AI-generated images created using Mend belong to you. You may use them for personal and commercial purposes, subject to:

• Applicable laws and regulations
• Third-party rights (e.g., if your input includes others' copyrighted material)
• These Terms of Service

7.3 Content Restrictions

8. AI Processing

By using Mend, you acknowledge and agree that:

• Your photos will be sent to third-party AI services for processing
• AI processing may not always produce desired results
• We use automated systems to moderate content for safety
• Content that violates our guidelines may be rejected
• We reserve the right to refuse service for any content that violates these Terms

9. Prohibited Uses

You agree not to:

• Use the App for any illegal purpose
• Attempt to bypass security measures or access restrictions
• Reverse engineer, decompile, or disassemble the App
• Use automated systems to access the App (bots, scrapers, etc.)
• Interfere with or disrupt the App's operation
• Create fake accounts or abuse the free trial
• Share your account credentials with others
• Use the App to generate spam or misleading content
• Circumvent usage limits or credit systems

10. Intellectual Property

The App, including its design, features, and content (excluding user content), is owned by Mend and protected by intellectual property laws. You may not:

• Copy, modify, or distribute the App
• Use our trademarks without permission
• Remove copyright or proprietary notices

11. Copyright Complaints (DMCA)

We respect the intellectual property rights of others. If you believe that content available through our App infringes your copyright, you may submit a notice to us with the following information:

• A physical or electronic signature of the copyright owner or authorized representative
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing
• Your contact information (address, telephone number, email)
• A statement that you have a good faith belief that use of the material is not authorized
• A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner

Send copyright notices to: support@usemend.app

Subject line: "DMCA Copyright Notice"

12. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT:

• The App will be uninterrupted or error-free
• AI results will meet your expectations
• The App will be compatible with all devices
• Any errors will be corrected

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEND SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, or consequential damages
• Loss of data, profits, or business opportunities
• Damages exceeding the amount you paid us in the past 12 months

Some jurisdictions do not allow limitations on liability, so some of these limitations may not apply to you.

14. Indemnification

You agree to indemnify and hold harmless Mend and its officers, directors, employees, and agents from any claims, damages, or expenses arising from:

• Your use of the App
• Your violation of these Terms
• Your violation of any third-party rights
• Content you upload or generate

15. Termination

We may suspend or terminate your access to the App if:

• You violate these Terms
• You engage in fraudulent or abusive behavior
• Required by law
• We discontinue the service

You may terminate your account at any time through the App's settings. Upon termination, your right to use the App ceases immediately.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of Lithuania, without regard to conflict of law principles. For users in the European Union, this does not affect your statutory rights under mandatory consumer protection laws in your country of residence.

17. Dispute Resolution

Any disputes arising from these Terms shall be resolved through:

1. Informal Resolution: Contact us first at support@usemend.app
2. Mediation: If informal resolution fails, disputes may be referred to mediation
3. Courts: Courts of Lithuania shall have jurisdiction

EU consumers may also use the European Commission's Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr

18. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in effect.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Mend regarding use of the App.

20. Contact Us

If you have questions about these Terms, please contact us:

• Operator: Lukas Vaičiulis
• Location: Vilnius, Lithuania, European Union
• Email: support@usemend.app
• Website: https://usemend.app