Tend

THE AGREEMENT FOR USING TEND

Terms of Use

1. Agreement and eligibility

By creating an account, accepting these Terms, buying a subscription, or using the Services, you agree to these Terms and the Privacy Notice. If you do not agree, do not use the Services. You must be at least 18, or the age of legal majority where you live, and able to form a binding contract. The Services are currently offered for use in the United States.

2. What Tend provides

Tend is an organizational and educational tool. It may help you store home records, create a maintenance plan, track tasks and assets, and receive reminders or calendar events.

Tend is not a contractor, inspector, engineer, architect, insurer, emergency service, financial adviser, or legal adviser. Tend does not inspect your home and cannot verify that information you enter is complete or correct. Guidance may not fit your property, equipment, climate, codes, manufacturer instructions, warranty, insurance policy, or circumstances.

Follow applicable law, manufacturer instructions, permits, warranties, and advice from qualified professionals. For a suspected gas leak, fire, electrical danger, structural problem, active flooding, carbon-monoxide event, or other emergency, leave the area when appropriate and contact emergency services or a qualified professional. Do not wait for Tend.

3. Guest mode and accounts

Guest information stays on the device or browser and is not a backup. It can be lost if Tend is removed, storage is cleared, or the device is lost. Account features require accurate registration information and control of a verified email address. You are responsible for protecting your password, devices, session, and private calendar link and for activity under your account.

Tell us promptly at info@tendyourhouse.com if you suspect unauthorized use. Tend may require re-verification or temporarily restrict access when reasonably necessary to protect the account or Services.

4. Your content

You retain ownership of home information, notes, photos, files, feedback, and other material you submit (“Your Content”). You grant Tend a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit, and display Your Content only as reasonably necessary to provide, secure, support, and improve the Services and comply with law. The license ends when content is deleted, subject to the limited retention described in the Privacy Notice.

You must have the rights needed to submit Your Content. Do not upload government identification numbers, payment-card numbers, health records, passwords, access codes, or other information unnecessary for home care.

5. Acceptable use

You may not access another person's account without permission; bypass or interfere with security; introduce malware; overload or unreasonably scrape the Services; violate law or another person's rights; upload unlawful, malicious, infringing, or deceptive material; or resell or commercially exploit the Services without written permission.

6. Suggestions, reminders, and calendar feeds

Schedules, regional suggestions, notifications, and calendar entries are conveniences, not guarantees. They may be delayed, suppressed, duplicated, inaccurate, or unavailable. You remain responsible for inspecting and maintaining your property and meeting safety, warranty, insurance, and legal deadlines.

Anyone with your private calendar-feed link may read its task names and dates. Keep it private and revoke it if exposed. Revocation cannot erase copies already retained elsewhere.

7. Stored records and exports

Tend is not the official custodian of your property records and is not a substitute for originals or independent backups. Keep deeds, policies, tax records, warranties, receipts, permits, safety documentation, and other critical records in an appropriate independent location.

8. Subscriptions, renewal, and cancellation

Tend may offer free and paid plans. The purchase screen will show the price, billing period, included features, storage limits, renewal terms, and cancellation method before purchase. Unless stated otherwise, a paid subscription renews for the same period until canceled.

Apple or Google purchases are billed, renewed, canceled, and refunded under the applicable store's rules. Cancel through the store account used to purchase. Deleting Tend or deleting an account does not necessarily cancel an app-store subscription.

For any purchase billed directly by Tend, we will obtain affirmative consent, provide a retainable confirmation, disclose material renewal terms clearly, and offer a cancellation method that is easy to find and at least as easy to use as the purchase method, as required by law.

9. Privacy

The Privacy Notice explains how Tend handles personal information. It is not incorporated as a contractual warranty except where applicable law requires otherwise.

10. Tend ownership and feedback

The Services, Tend-provided content, design, software, and branding belong to Tend or its licensors. Tend grants you a limited, revocable, non-exclusive, non-transferable license to use the Services for personal, non-commercial home management. Tend may use suggestions or feedback without restriction or compensation; that does not transfer ownership of your private home information or files.

11. Third-party services

The Services may rely on app stores, cloud infrastructure, email, calendar applications, device systems, and external websites. Tend does not control their availability, content, terms, or privacy practices. Separate third-party terms may apply.

12. Service changes

We may add, change, suspend, or discontinue features and impose reasonable technical or storage limits. When reasonably practicable, we will give advance notice before materially reducing a paid feature. If Tend is discontinued, we will provide a reasonable export opportunity when practicable unless security, legal, or emergency conditions prevent it.

13. Suspension and termination

You may stop using Tend and delete your account at any time. We may suspend or terminate access for a material or repeated violation, nonpayment, fraud, unlawful use, or a security or legal risk. When practicable, we will give notice and an opportunity to cure.

14. Copyright reports

Send a copyright report containing the information required by 17 U.S.C. § 512(c)(3) to info@tendyourhouse.com. Tend may remove allegedly infringing material and address repeat infringement where appropriate.

15. Disclaimers

16. Limitation of liability

The exclusions and cap apply regardless of theory and even if a remedy fails of its essential purpose. They do not limit liability that cannot lawfully be limited, which may include fraud, willful misconduct, gross negligence, or death or personal injury caused by negligence, depending on applicable law.

17. Indemnity

To the extent permitted by law, you will indemnify and hold harmless Tend and its owners, officers, employees, and affiliates from third-party claims, damages, and reasonable costs arising from Your Content, your material violation of these Terms, or your unlawful or unauthorized use. This does not apply to the extent a claim results from Tend's negligence, willful misconduct, or violation of law.

18. Informal dispute resolution

Before filing a claim, send an individual written notice to info@tendyourhouse.com with the subject “Legal Notice.” Include your name and contact information, account email, facts and legal basis, requested relief, and personal signature. The parties will try in good faith to resolve the dispute for 60 days. Applicable limitation periods are paused during that time. A qualifying individual small-claims case may proceed without this process.

19. Binding individual arbitration and class-action waiver

This section affects your right to go to court and have a jury decide a dispute.

Except for the exceptions below, a dispute arising from the Services or these Terms that is not resolved under Section 18 will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The Federal Arbitration Act governs this section. Arbitration may occur by video, telephone, documents, or in person in the county where you live, consistent with those rules. Tend will pay fees to the extent required by the rules or law.

Arbitration is not required for a qualifying individual small-claims case; temporary or preliminary relief needed to prevent imminent intellectual-property misuse or unauthorized system access; or public injunctive relief to the extent law prevents arbitration of that request.

30-day right to opt out

You may opt out of this arbitration section within 30 days after first accepting these Terms. Email info@tendyourhouse.com with the subject “Arbitration Opt-Out,” your full name, Tend account email, and an unambiguous opt-out statement. Opting out does not affect other Terms or your ability to use Tend.

20. Governing law and forum

Virginia law governs these Terms without regard to conflict-of-law principles, except that the Federal Arbitration Act governs Section 19. If arbitration does not apply, the parties consent to state and federal courts located in Virginia. This clause does not remove non-waivable consumer protections or access to a forum that applicable law requires in your home state.

21. Changes to these Terms

We may update these Terms prospectively. We will provide reasonable notice of a material change and request renewed acceptance when appropriate. Dispute changes will not apply retroactively to a dispute of which Tend had actual notice before the change.

22. Apple App Store terms

If you downloaded Tend from Apple, these Terms are between you and Tend, not Apple. Apple is not responsible for the Services or support, is not responsible for claims relating to the app, and is a third-party beneficiary of this section. Apple's warranty obligation, if any, is limited as provided by its applicable terms. You must also comply with applicable third-party terms.

23. General terms

These Terms, the Privacy Notice, and purchase terms shown at checkout are the entire agreement about the Services. If a provision is unenforceable, it will be modified only as much as needed and the remainder will continue. A failure to enforce is not a waiver. You may not assign these Terms without written consent; Tend may assign them with a merger, financing, reorganization, or sale of the relevant business.

24. Contact

Tend Technologies LLC
Virginia, United States
info@tendyourhouse.com