Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the Tending App and Site (the “Services”). By using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

The Services are accessible worldwide, subject to local laws, platform restrictions, and technical availability. Certain features, plan tiers, or on-site services may be unavailable, limited, or modified in specific regions. You are responsible for compliance with local regulations.

You must be at least 18 years old (or the age of majority in your jurisdiction) and legally capable of entering into contracts. You agree to provide accurate information, maintain the confidentiality of your credentials, and are responsible for all activities under your account. Notify us promptly of unauthorized access.

We provide digital tools and subscription-based care plans that help arrange and manage memorial care at user-designated locations, including requesting restoration/cleaning of monuments, receiving private photo/video reports, tracking user-entered service locations, private family pages, and in-app support.

On-site access & rules. On-site work is subject to local rules, access windows, and safety constraints. Scheduling may change due to weather, site closures, or safety concerns. By submitting a service request, you represent and warrant that you have lawful authority to request services at the specified location and grant our personnel/contractors access solely to perform the requested work.

Exclusions (illustrative). Unless explicitly stated in your order/plan: structural alterations, regulated masonry, permits/approvals, heavy landscaping, removal of protected items, and services restricted by site owners are not included.

Auto-renewal. Subscriptions renew automatically until canceled.
Billing channels. Purchases via Apple App Store or Google Play are governed by those stores’ billing and refund policies. Purchases via our Site are billed through our payment processor.
Trials & promos. Free trials convert to paid unless canceled before the trial ends. Promotional offers may have additional terms and limits.
Taxes & fees. Prices may exclude taxes/fees that you are responsible to pay where applicable.
Price changes. We may change pricing or features prospectively with reasonable notice. If you do not agree, cancel before the change takes effect.

You may cancel or (where available) pause your subscription at any time before the next billing cycle. Access continues until the end of the paid period. Refunds for already-paid periods are not provided unless required by applicable law or platform policy (for in-app purchases).

You retain ownership of content you upload (text, images, video). You grant us a limited, non-exclusive, worldwide, royalty-free, revocable license to host, process, and display your content solely to provide the Services (including generating private before/after reports). You represent that you have the necessary rights to upload such content and to authorize work at the specified service location.

If you provide feedback or suggestions, you grant us a perpetual, irrevocable license to use them without obligation or compensation.

We may create private photo/video reports for your account to document completed work and for quality assurance. Unless you explicitly share them, these reports are not public.

You agree not to:

• violate any law or third-party rights;
• upload unlawful, offensive, or infringing content;
• impersonate others, misrepresent authority, or submit fraudulent orders;
• misuse promotions (e.g., subscribe solely to obtain one-time services and immediately cancel);
• probe, scan, or test the security of the Services without authorization;
• reverse engineer or scrape (except as permitted by law);
• interfere with or burden the Services beyond normal use.

We may investigate violations and take action, including suspension or termination.

We may engage vetted contractors to perform on-site work; they act under our instructions and must comply with our standards, confidentiality requirements, and applicable laws. The Services may interoperate with third-party tools (e.g., payments, hosting, analytics); those services are subject to their own terms and policies.

If you downloaded the App from Apple App Store or Google Play, you agree to their terms. Apple/Google are not parties to these Terms and have no obligations to provide support or warranties. Apple/Google and their subsidiaries are third-party beneficiaries of this Section and may enforce it.

Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, and protect information. We take measures to avoid collecting or transmitting sensitive categories of data. Optional service locations are used solely for service delivery and are not made public.

We implement safeguards to protect the Services and users. We may suspend or limit access if we believe there is a security risk, suspected fraud, violation of these Terms, or harm to others, with or without prior notice.

Information in the Services, including reports and media, is for general informational purposes regarding maintenance/restoration and does not constitute professional engineering, legal, or other regulated advice.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS; LOSS OF DATA; OR BUSINESS INTERRUPTION. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. Some jurisdictions do not allow certain limitations; in such cases, limits apply to the fullest extent permitted.

You agree to defend, indemnify, and hold harmless All Funeral Services LLC and its officers, directors, employees, and agents from and against claims, liabilities, damages, losses, and expenses arising out of or related to your misuse of the Services, your content, or your violation of these Terms or applicable law.

We are not liable for delays or failures due to events beyond our reasonable control, including severe weather, natural disasters, utility failures, labor disputes, acts of government, war, terrorism, or platform/network outages.

You agree to comply with U.S. export control and sanctions laws and anti-corruption laws and not to use the Services in prohibited jurisdictions or for prohibited purposes.

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles, and applicable U.S. federal law. The state and federal courts located in New York have exclusive jurisdiction. Before filing suit, the parties will attempt good-faith informal resolution for 30 days.

Class Action Waiver (where permitted): claims must be brought individually and not as a class, representative, or consolidated action.
Waiver of Jury Trial (where permitted): each party waives any right to a jury trial.

You consent to receive notices electronically (email, in-app, or via the Site). Legal notices to us must be sent to the postal address above with a copy to legal@tending.app (if available).

You may not assign these Terms without our prior written consent. We may assign to an affiliate or in connection with a merger, acquisition, or asset sale.

If any provision is held unenforceable, the remaining provisions remain in full force. Failure to enforce a provision is not a waiver. These Terms, together with the Privacy Policy and any addenda or plan-specific terms, constitute the entire agreement and supersede prior understandings. Provisions intended to survive termination (e.g., Sections 7, 9, 14–17, 20–23) shall survive.

We may modify these Terms prospectively. Material changes will be notified via email and/or in-app notice. Continued use after the effective date constitutes acceptance.

Support: support@tending.app
Legal: privacy@tending.app
Postal: All Funeral Services LLC, 750 Lexington Avenue, STE 07-119, New York, NY 10022