TendTerms of Service
These Terms govern your use of Tend. References to "Tend," "we," "us," and "our" mean the operator of the Tend application, reachable at support@tend.fit. These Terms should be read with our Privacy Policy.
1. Acceptance of Terms
By downloading, installing, accessing, or using Tend, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the app. These Terms apply to the free app and to Tend Pro. If these Terms conflict with mandatory app-store billing terms for subscription matters, the app-store billing terms govern those billing matters.
You must be at least 18 years old, or the minimum age required by applicable law in your jurisdiction, to use Tend. If you are under the applicable age, you may use Tend only with the consent of a parent or legal guardian where permitted by law.
2. Service description and license
Tend provides local-first wellness planning, care anchors, routines, mood and journal features, nutrition and movement support, optional Health Connect integration, optional Cloud AI coaching, and optional encrypted cloud sync. Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, revocable license to use Tend for your own personal wellness purposes.
You may not copy, modify, distribute, sell, rent, sublicense, decompile, reverse engineer, or create derivative works from Tend except where applicable law gives you a non-waivable right to do so. You may not use Tend for commercial monitoring, clinical decision-making, emergency response, or any purpose outside normal personal wellness use without our written permission.
3. Acceptable use
You must not use Tend for unlawful, harmful, abusive, or fraudulent purposes. You must not bypass access controls, impersonate another person, upload malicious code, access another user's data, interfere with the service, scrape data through automated means beyond normal use, share credentials, or use Tend in a way that harms another person or violates applicable law.
4. No medical advice
Important medical and AI disclaimer. Tend provides general wellness information, coaching tools, self-tracking features, and AI-assisted suggestions for educational and informational purposes only. Tend does not provide medical advice, clinical assessment, diagnosis, prognosis, treatment, prescription, therapy, nutrition counseling, fitness guidance, or emergency services.
Tend is not a substitute for a qualified healthcare provider, therapist, registered dietitian, clinical nutritionist, personal trainer, or mental health professional. Always consult a qualified professional before beginning or changing a diet, exercise, sleep, wellness, medication, or treatment program, or if you have questions about a medical or mental health condition. If you may be experiencing a medical emergency, call emergency services immediately.
The AI Coach is a software feature. Pattern insights are observations derived from self-reported or connected data and are not clinical findings or recommendations for medical action. AI-generated content may be inaccurate, incomplete, outdated, unsuitable for your circumstances, or harmful.
You are responsible for evaluating any suggestion before acting on it and you assume all risk arising from decisions made in reliance on Tend, including information, insights, coaching outputs, AI responses, wellness suggestions, or health-related content. Tend does not review, verify, endorse, or guarantee AI outputs.
5. Subscriptions and billing
Tend Pro is an auto-renewing subscription available through the app-store billing provider. Plans, trial eligibility, renewal timing, cancellation controls, taxes, and prices are shown by the app store at purchase time and may vary by region. Tend does not process payment cards directly and does not store payment card or bank details.
Unless cancelled at least 24 hours before the end of the current billing period, a subscription may renew automatically according to the app-store billing terms. You can manage or cancel your subscription through the app-store subscription settings. Cancellation generally takes effect at the end of the current billing period, and Tend Pro access continues until then. Refunds are handled by the app-store billing provider except where applicable law requires otherwise.
6. Account and security
You are responsible for maintaining the security of your account and device. Do not share account credentials. Contact support@tend.fit if you suspect unauthorized access. We may suspend or terminate access where we reasonably believe an account has been compromised, used unlawfully, or used in violation of these Terms.
7. Intellectual property
Tend, including the app, design, software, content, trademarks, and related materials, is owned by or licensed to Tend and is protected by intellectual property laws. You retain ownership of personal data and content you enter into Tend. These Terms do not transfer ownership of Tend or any related intellectual property to you. You grant us a limited, non-exclusive license to process your content only as needed to provide, secure, and operate Tend as described in the Privacy Policy.
8. User content
You are responsible for content you enter into Tend. You represent that you have the right to enter and use that content and that it does not violate law or another person's rights. We do not use your user content for advertising. You can export local content through the app's export feature. Cloud features process user content only where you choose to enable those features and consent tiers.
9. Third-party services
Tend relies on third-party service providers for categories such as account authentication, app-store billing, cloud hosting, database storage, network security, crash reporting, optional analytics, food-search data, and Cloud AI processing. Your use of some features may also be subject to third-party or platform terms. We are not responsible for third-party services that we do not control, but we use contractual and technical safeguards for processors that process data on our behalf, as described in the Privacy Policy.
Data provided through Health Connect or other third-party integrations may be incomplete, delayed, unavailable, or inaccurate. Tend does not verify the accuracy of data supplied by third parties.
10. Disclaimer of warranties
The service is provided "as is" and "as available" without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, or reliability. We do not warrant that Tend will be uninterrupted, error-free, secure, or free of harmful components.
We do not warrant that any AI-assisted suggestion, wellness prompt, pattern insight, nutrition target, movement suggestion, or other content is accurate, complete, appropriate, or suitable for your individual circumstances.
Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
We may modify, suspend, limit, or discontinue any feature of Tend at any time without liability, to the maximum extent permitted by applicable law.
11. Limitation of liability
To the maximum extent permitted by law, you use Tend entirely at your own risk.
To the maximum extent permitted by applicable law, Tend shall not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or relating to your use of, or inability to use, the service. This includes loss, damage, injury, illness, worsening of a condition, missed diagnosis, missed opportunity, emotional distress, data loss, device damage, service interruption, or other consequence arising from use of the service.
To the maximum extent permitted by applicable law, our total cumulative liability for claims arising from these Terms or your use of Tend shall not exceed the amount you paid for Tend Pro in the twelve (12) months before the claim, or, if you did not pay us, the minimum amount permitted by applicable law. This limitation does not apply to liability that cannot be excluded or limited by law. EU, UK, and other consumers may have statutory rights that these Terms do not affect.
12. Force majeure
We are not liable for any failure or delay caused by events outside our reasonable control, including platform or provider outages, internet failures, cyberattacks, natural disasters, government actions, labor disputes, or other events beyond our control.
13. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold Tend harmless from claims, losses, liabilities, damages, costs, and expenses, including reasonable legal fees, arising from your violation of these Terms, your violation of applicable law, your misuse of Tend, or your infringement of another person's rights.
14. Governing law and dispute resolution
These Terms are governed by the laws of India, without regard to conflict-of-law rules. Subject to mandatory rights, courts, or forums that cannot legally be waived, you and Tend agree that the courts located in Delhi, India will have exclusive jurisdiction over any dispute arising from or relating to Tend or these Terms. If applicable law does not allow exclusive jurisdiction in Delhi, India, this clause applies to the maximum extent permitted by law.
15. Changes to Terms
We may update these Terms from time to time. If we make material changes, we will provide reasonable notice where required by law or where practicable, through the app, by email if available, or by another reasonable method. Continued use after the effective date means you accept the updated Terms. If you do not agree, stop using Tend before the updated Terms take effect.
16. Termination
You may stop using Tend at any time by deleting your account if you have one and uninstalling the app. We may suspend or terminate access if you materially breach these Terms, misuse the service, or create security, legal, or operational risk. Sections that by their nature should survive termination will survive, including no medical advice, intellectual property, warranty disclaimers, limitation of liability, indemnification, and governing law provisions.
17. Contact
Questions about these Terms? Email support@tend.fit.
18. Severability
If any provision of these Terms is found invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.
19. Entire agreement
These Terms and the Privacy Policy constitute the entire agreement between you and Tend regarding your use of the service.