Terms of Service
Effective date: July 27, 2026
These Terms of Service (the "Terms") are a binding agreement between you and Lukas Vaičiulis, operating Mend, based in Vilnius, Lithuania, European Union ("Mend", "we", "us"), governing your use of the mobile application Mend: AI Photo & Video Editor (the "App") and related services (together, the "Services").
Please read carefully
By downloading, installing, or using the App you agree to these Terms. If you do not agree, do not use the App. These Terms include:
- a binding individual arbitration clause and class-action waiver for United States users (Section 15.3) — EU/EEA and UK consumers are not subject to arbitration;
- disclaimers of warranties for AI-generated content (Section 12) and limitations of liability (Section 13);
- rules on credits and refunds, including that credits spent on a delivered generation are consumed and non-refundable (Section 6).
Key points in plain language
- You must be at least 13 to use Mend. If you are under 18, your parent or legal guardian must permit your use and agree to these Terms for you where required by law.
- You keep ownership of your photos; your AI results are yours to use, including commercially.
- Subscriptions auto-renew until cancelled; cancel anytime in your Apple/Google subscription settings — it takes under a minute.
- Apple and Google are the merchants of record: they process all payments and decide payment refunds under their own policies.
- Credits included with a subscription refresh each billing period and unused ones do not carry over; separately purchased credit packs do not expire.
- If a generation fails, is rejected by our safety checks, or times out, its credits are refunded to you automatically.
- Don't use Mend to harm people: no sexual content, no deepfakes or impersonation, no using someone's face without their consent, and absolutely no content sexualizing minors.
- Nothing in these Terms takes away rights the law does not allow us to limit.
1. Eligibility and acceptance
By using the App you confirm that you are at least 13 years old, that you can lawfully enter into this agreement, and that you have read our Privacy Policy and Face & Biometric Data Notice (which describe data practices and are not part of this contract). If you are under 18, your parent or legal guardian must permit your use and agree to these Terms for you where applicable law requires it. Mend's store listings carry a corresponding age rating; local laws may require parental authorization for a minor's consent to data processing.
2. The service
Mend lets you apply AI-powered effects and transformations to photos and videos, using third-party artificial-intelligence providers to process your content (currently fal.ai for generation and OpenAI for automated content-safety checks and prompt processing, with hosting by Supabase — see the Privacy Policy for details). You acknowledge that:
- your photos, videos, and prompts are transmitted to and processed by these third-party providers to create your results;
- AI outputs are machine-generated: they can be inaccurate, stylized, distorted, or different from what you expected, and may not faithfully preserve the appearance ("likeness") of people in your photos;
- similar inputs can produce similar outputs for different users — results are not guaranteed to be unique;
- we may add, change, or remove effects, models, and features at any time.
Before your first use of AI features, the App asks for your explicit consent to AI processing. AI features require an active subscription or purchased credits. The App identifies delivered results as AI-generated. When you share synthetic content, you must keep any provenance labels or metadata we provide and clearly disclose its artificial nature whenever law or context requires.
3. Accounts
The App works with a guest account created automatically on first launch, and you can optionally sign in with Apple or Google to sync your gallery, favorites, and purchases across devices. Signing in links your guest account and its content to your Apple/Google identity. You are responsible for activity under your account and for keeping your device and sign-in credentials secure. You agree not to create multiple accounts or manipulate accounts to circumvent usage limits, trials, or moderation decisions.
4. Subscriptions
4.1 Plans and pricing
Mend offers auto-renewing subscriptions (currently weekly and annual). Each plan's price, billing period, credit allowance, and any promotional offer are shown in the App before you buy, in your local currency as set by the Apple App Store or Google Play. Prices can vary by region and may change for future billing periods; the store will notify you of price increases as its rules require.
4.2 Free trials and promotional offers
Mend does not currently offer a free trial. If we introduce a free trial or other introductory offer in the future, its terms will be shown in the App before you subscribe, and eligibility will be determined by the app store and our subscription platform — not everyone will see such an offer. Unless you cancel at least 24 hours before a trial ends, your subscription starts automatically and the plan price is charged.
4.3 Auto-renewal and cancellation
- Subscriptions renew automatically at the end of each billing period until you cancel.
- Cancel anytime: iOS — Settings > [your name] > Subscriptions > Mend; Android — Play Store > profile > Payments & subscriptions > Subscriptions > Mend. The App's Settings screen links you there directly.
- Cancellation takes effect at the end of the current paid period; you keep access (and your remaining credits for that period) until then.
- Deleting your account or the App does not cancel a subscription — subscriptions are managed by Apple/Google and must be cancelled there.
5. Credits
- AI generations consume credits. Each generation's credit cost depends on the model, resolution, and (for video) duration, and is shown in the App before you generate.
- Subscription plans include a credit allowance (shown at purchase; currently 300 credits per week on standard plans, with annual plans receiving a weekly allowance). The allowance refreshes with each billing period (or weekly for annual plans) and unused subscription credits do not carry over.
- Separately purchased credit packs do not expire and are preserved across subscription changes. If you delete your account, a minimal pseudonymous wallet remains attached to your Apple/Google purchase record so "Restore Purchases" can return unspent purchased credits. Any remaining subscription credits may also be restored only while their original paid credit period is still current; they still reset or expire on the normal schedule and are never replenished merely by deleting or restoring an account.
- To keep the service stable, generations are subject to fair-use limits (currently up to 5 generations running at once per account, plus request rate limits).
- Credits are a prepaid means of using the Services. They have no monetary value, are not transferable, and cannot be redeemed for cash except where the law requires.
6. Refunds
6.1 Payments are handled by Apple and Google
Apple and Google are the merchants of record for all purchases. Payment refunds are requested from, and decided by, the store under its own policy — we cannot issue or override App Store / Google Play refund decisions:
- Apple: reportaproblem.apple.com
- Google: Google Play refund policy
6.2 Credits are consumed on use
Credits are a digital service consumed when you use them. Once a generation has been delivered to you, the credits spent on it are consumed and are not refundable — including when the stylized result differs from your expectations, since AI output variability is inherent to the service (Section 2). This does not affect unused credits, unused subscription time, or your statutory rights.
6.3 Automatic credit refunds — our guarantee
If a generation fails for technical reasons, is rejected by our automated safety checks, or times out, the credits for that generation are refunded to your balance automatically. You do not need to contact support.
6.4 EU/EEA consumers: 14-day withdrawal right
Right of withdrawal and its loss for delivered content (Art. 16(m) Consumer Rights Directive)
If you are an EU/EEA consumer, you normally have 14 days to withdraw from a distance purchase of digital services. By starting your subscription or using credits, you request immediate access to the Services during the withdrawal period and expressly consent to us beginning performance immediately. Each generation delivered to you is fully performed at delivery, and you acknowledge that you lose the right of withdrawal for those delivered generations. Your withdrawal right remains intact for what has not been performed: if you withdraw within 14 days of purchase, you are entitled to a refund via the store for the unused portion of the service, consistent with applicable law. To exercise withdrawal, use the store refund channels in Section 6.1 (fastest) or email support@usemend.app.
6.5 Statutory rights
If the Services are defective or not as agreed, EU consumers have remedies under the Digital Content and Services Directive (2019/770) and national law, and consumers elsewhere may have similar non-waivable rights. Nothing in this Section 6 limits any refund or remedy that applicable law does not allow to be excluded. Service maintenance or temporary outages do not, by themselves, create refund rights except where the law provides otherwise.
7. Your content and your results
7.1 You keep your photos
You retain all ownership rights in the photos and videos you upload ("Input Content"). You grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, and transmit your Input Content solely to operate the Services — that is, to run your generations (including sending Input Content to the AI providers named in Section 2), apply safety checks, store your gallery, and comply with law. Input Content is automatically and permanently deleted from our storage 24 hours after upload (or sooner if you delete the generation or your account), and this license ends at that deletion, except for content we must retain to comply with law or investigate abuse. Because originals are deleted on this schedule, features that need them (such as before/after comparison) stop being available for older creations — keep your own copy of any original you care about. We claim no other rights in your photos, and we do not use them for advertising or to train AI models.
7.2 Your results are yours
As between you and us, we assign to you all right, title, and interest we may have in the AI outputs generated for you ("Output Content"). You may use Output Content for personal and commercial purposes, subject to: (a) these Terms; (b) applicable law (including the rights of people depicted); and (c) the flow-through terms of our AI providers applicable to generated content. Because of how generative AI works, we cannot guarantee Output Content is unique or that no similar output will be generated for someone else, and copyright protection for AI-generated material varies by jurisdiction.
7.3 Your responsibility for what you upload
You represent that you own or have the necessary rights to the content you upload; that if it shows identifiable people other than you, those people are aware of and agree to the processing (and to any use you make of the results); and that your content and your use of the results comply with law and these Terms.
8. Acceptable use
Prohibited content and conduct
You must not upload, generate, or attempt to generate:
- Any sexual or nude content. Mend is not for sexual imagery of any kind;
- Content sexualizing or endangering minors — zero tolerance. We block it, terminate accounts, and report child sexual abuse material to the relevant authorities;
- Deceptive "deepfakes" or impersonation — content presenting a real person as saying or doing something they did not, or otherwise intended to deceive, defraud, or manipulate (including election-related manipulation);
- Another person's likeness without consent, or content that harasses, defames, threatens, or violates the privacy, publicity, or other rights of any person;
- Content promoting violence, terrorism, self-harm, or hatred against protected groups;
- Content infringing copyright, trademark, or other intellectual-property rights.
You also must not: reverse engineer the App; bypass or probe security, moderation, rate limits, or the credits system; use bots or scripts against the Services; resell or commercially exploit the Services themselves without permission; or interfere with the infrastructure.
9. Moderation and enforcement
Uploaded images and custom prompts are automatically checked before generation by third-party moderation technology, and generated results are automatically checked again before they are shown to you; prompts for custom effects may be automatically rewritten to a safe form, and generations that fail any of these checks are rejected (with the credits automatically refunded). You can report any generated result directly in the App — tap the flag icon on the result screen — or email support@usemend.app; reports go to the operator for review. We may review reported content and, acting in good faith, remove content, reject generations, restrict features, or suspend or terminate accounts that violate these Terms — with escalating measures for repeated or severe abuse and immediate action for severe violations. Rate limits and cooldowns are applied automatically to protect the service. If you believe a moderation or enforcement decision was a mistake, email support@usemend.app; a human will review your complaint and explain the outcome.
10. Reporting content: copyright and illegal content
10.1 Copyright complaints
If you believe content available through the Services infringes your copyright, email support@usemend.app with subject "Copyright Notice", including: identification of the protected work; identification and location of the allegedly infringing material; your name and contact details; a good-faith statement that the use is unauthorized; a statement, under penalty of perjury, that your notice is accurate and you are the rights holder or authorized to act for them; and your physical or electronic signature. This mirrors the elements of a U.S. DMCA notice. The affected user may submit a counter-notice with equivalent detail. We terminate the accounts of repeat infringers.
10.2 Illegal-content notices (EU Digital Services Act)
EU users and entities can notify us of content they consider illegal by emailing support@usemend.app with subject "Illegal Content Notice", including: an explanation of why the content is illegal, its exact location (e.g. a shared link or generation reference), your name and email (unless the notice concerns child sexual abuse material, which may be reported anonymously), and a good-faith statement of accuracy. We process such notices diligently and without undue delay, inform you of our decision, and give the affected user a statement of reasons where required. Decisions can be contested by replying to our decision email. Single point of contact for authorities and users: support@usemend.app (English or Lithuanian).
11. Intellectual property in the App
The App, its design, branding, code, and all content other than user content and user results are owned by the operator and protected by intellectual-property laws. We grant you a personal, non-exclusive, non-transferable, revocable license to use the App on devices you own or control, as permitted by the app store from which you obtained it. You may not copy, modify, distribute, or create derivative works of the App, or use our branding, except as allowed by law.
12. Disclaimer of warranties
The Services are provided "as is" and "as available"
To the maximum extent permitted by applicable law, we disclaim all warranties, express or implied — including merchantability, fitness for a particular purpose, and non-infringement — and specifically:
- AI outputs are not warranted to be accurate, high-quality, complete, appropriate, or faithful to the likeness of any person, and are not fit for any particular purpose;
- we do not warrant uninterrupted, error-free, or secure operation, or that defects will be corrected;
- processing times are estimates, not commitments.
Consumer savings clause: if you are a consumer, you benefit from mandatory legal guarantees — including, for EU consumers, the conformity rights of Directive (EU) 2019/770 — and nothing in this section excludes, limits, or replaces them.
13. Limitation of liability
Liability cap and exclusions
To the maximum extent permitted by applicable law:
- we are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, business, or data, arising out of or relating to the Services or these Terms, on any legal theory, even if advised of the possibility;
- our total aggregate liability for all claims relating to the Services or these Terms is capped at the greater of (a) the amounts you paid for the Services in the 12 months before the event giving rise to the claim, or (b) fifty euros (EUR 50).
These limitations are a fundamental basis of the bargain for a service offered at this price point.
What is never limited
Nothing in these Terms excludes or limits liability for: death or personal injury caused by negligence; intent or gross negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be excluded or limited under applicable law, including mandatory consumer-protection rights in your country of residence. If your jurisdiction does not allow certain exclusions, they apply to you only to the extent permitted.
14. Your indemnity
To the extent permitted by the law of your country of residence, you agree to indemnify and hold the operator harmless from third-party claims, damages, and reasonable legal costs to the extent arising from: (a) content you upload or generate in violation of Section 7.3 or Section 8 (including infringement of intellectual-property, privacy, or publicity rights); or (b) your unlawful use of the Services or the results. This obligation is proportionate to your responsibility for the claim and does not apply to claims caused by our own breach or fault. For EU/EEA and UK consumers, this section applies only as far as consumer-protection law allows.
15. Governing law and disputes
15.1 Governing law
These Terms are governed by the laws of the Republic of Lithuania, excluding its conflict-of-law rules. Consumer carve-out: if you are a consumer, this choice of law does not deprive you of the protection of mandatory provisions of the law of the country where you habitually reside (Rome I Regulation, Art. 6(2)), and nothing in this Section prevents you from relying on them.
15.2 EU/EEA and UK consumers
If you are a consumer in the EU/EEA or UK: you may bring proceedings in the courts of your country of residence, and proceedings against you may only be brought there (Brussels I bis Regulation). You are not subject to the arbitration clause below. Please contact support@usemend.app first — most issues are resolved informally. You can also use national consumer ADR bodies (in Lithuania, the State Consumer Rights Protection Authority, vvtat.lt). The European Commission's Online Dispute Resolution platform was discontinued in July 2025.
15.3 United States users: arbitration agreement and class-action waiver
Please read — this affects your legal rights
(a) Individual arbitration. If you reside in the United States, you and we agree that any dispute arising out of or relating to these Terms or the Services will be resolved exclusively by final and binding individual arbitration, rather than in court, except that: (i) either party may bring an individual claim in small-claims court; and (ii) either party may seek injunctive or equitable relief in court for infringement or misuse of intellectual-property rights. This arbitration agreement is governed by the U.S. Federal Arbitration Act, notwithstanding the choice of Lithuanian law above, and it does not apply to claims of sexual assault or sexual harassment (which you may bring in court under the federal EFAA).
(b) Procedure. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or, if the AAA is unavailable or declines, by a comparable consumer-arbitration administrator agreed by the parties or appointed by a court). The arbitration will be conducted in English, by videoconference or, if an in-person hearing is required, in the county where you reside. Fees and cost allocation follow the AAA Consumer Arbitration Rules. The arbitrator's award may be entered in any court of competent jurisdiction.
(c) Class-action waiver. You and we may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, private-attorney-general, or representative proceeding. The arbitrator may not consolidate claims or preside over any representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) must proceed in court, and the remainder stays in arbitration.
(d) 30-day opt-out. You may opt out of this arbitration agreement, without any penalty, by emailing support@usemend.app within 30 days of first accepting these Terms, with subject "Arbitration Opt-Out" and your name and the email or account identifier you use with Mend. Opting out does not affect any other part of these Terms.
15.4 Everyone else
For users outside the EU/EEA, UK, and US, disputes are subject to the courts of Vilnius, Lithuania, except where mandatory law of your country of residence gives you the right to sue or be sued at home.
16. Termination
- By you: stop using the App at any time and/or delete your account in Settings > Delete Account. Remember to cancel any subscription in the store (Section 4.3) — deleting the account does not cancel it.
- By us: we may suspend or terminate your access, with notice where practicable and immediately for severe violations, if you materially breach these Terms, use the Services unlawfully or abusively, or if we are required to by law; we may also discontinue the Services with reasonable advance notice, in which case Section 6 and applicable law govern refunds for paid, undelivered service.
- Effect: on termination your license to use the App ends. On termination for your material breach, subscription credits are forfeited to the extent permitted by law; purchased-credit recovery on account deletion works as described in Section 5. Sections that by nature survive (Sections 6-15, 17-18) survive.
17. Changes to the Services and these Terms
We may update these Terms — for example to reflect new features, legal requirements, or provider changes. For material changes we will give at least 30 days' notice in the App or by email before the new terms take effect, and where required ask for your renewed acceptance; changes to the arbitration section do not apply to disputes that arose before the change. If you do not agree to updated Terms, stop using the App and cancel any subscription before the changes take effect. The current version is always at usemend.app/terms.
18. General
- Entire agreement: these Terms are the entire agreement about the Services between you and us and supersede prior agreements on the subject.
- Severability: if a provision is held invalid, it will be modified to the minimum extent necessary or severed, and the rest remains in force.
- No waiver: failure to enforce a provision is not a waiver of it.
- Assignment: you may not assign these Terms; we may assign them in connection with a transfer of the Mend service, with notice to you.
- Force majeure: neither party is liable for delay or failure caused by events beyond its reasonable control (for consumers, this does not limit statutory rights).
- Notices: we may notify you via the App or the email on your account; you can notify us at support@usemend.app.
18.1 Apple-specific terms
If you use the App on an Apple device: these Terms are between you and the operator only — not Apple; Apple has no obligation to provide maintenance or support for the App; in the event of the App's failure to conform to an applicable warranty you may notify Apple and Apple will refund the App's purchase price (if any), and to the maximum extent permitted by law Apple has no other warranty obligation; Apple is not responsible for addressing claims relating to the App (including product-liability, regulatory, and consumer-protection claims) or third-party IP claims; your license is limited to use on Apple-branded devices you own or control per the Apple Media Services Terms; and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Google is likewise a third-party beneficiary with respect to Google Play distribution requirements.
19. Contact
- Operator: Lukas Vaičiulis, operating Mend
- Location: Vilnius, Lithuania, European Union
- Email: support@usemend.app
- Support: usemend.app/support, or Settings > "Report a Problem" in the App
We aim to respond to inquiries within 7 business days (privacy requests: see the Privacy Policy).
By using Mend you acknowledge that you have read, understood, and agree to these Terms.