Terms of service

Last updated: May 2026

These Terms of Service ("Terms") govern your use of the Tend website at trytend.co ("Site") and your purchase of products from Tend ("we," "us," or "our"). By accessing the Site or placing an order, you agree to be bound by these Terms. If you do not agree, do not use the Site or purchase our products.

1. Eligibility

You must be at least 18 years old and a resident of the United States to use this Site or purchase products. By placing an order, you represent that you meet these requirements.

2. Products and orders

All products sold on the Site are cosmetic scalp care products. They are not drugs, and they are not intended to diagnose, treat, cure, or prevent any disease. Results vary. Individual results depend on consistent use and other factors.

We reserve the right to refuse or cancel any order for any reason, including pricing errors, suspected fraud, or product unavailability. If we cancel an order after payment has been processed, we will issue a full refund.

Product descriptions, images, and claims on the Site are for informational purposes and reflect the typical experience of consistent users. We do not guarantee specific results for any individual.

3. Pricing and payment

All prices are listed in US dollars and are subject to change without notice. Changes to pricing do not affect orders that have already been placed and confirmed.

You agree to provide current, complete, and accurate payment information for all purchases. You authorize us to charge the payment method on file for all amounts due.

4. Subscriptions and automatic renewal

IMPORTANT: YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW. By enrolling in a subscription, you expressly acknowledge and agree to the following:

  • Your subscription will automatically renew at the end of each billing cycle at the frequency you selected (e.g., every 4 weeks, every 6 weeks) until you cancel.
  • You will be charged the then-current subscription price (plus any applicable taxes and shipping) at each renewal using the payment method on file.
  • Subscription pricing may change. We will notify you by email at least 7 days before any price increase takes effect. If you do not cancel before the next billing date after receiving notice, you will be charged the new price.
  • You may cancel, pause, or modify your subscription at any time by logging into your account dashboard or by emailing hello@trytend.co.
  • Cancellation takes effect before your next scheduled order. If you cancel after an order has been processed and shipped, that order is subject to our return and refund policy.
  • There are no cancellation fees or penalties.

By completing your subscription purchase, you provide your express affirmative consent to these automatic renewal terms.

5. Shipping and delivery

Shipping terms are detailed on our Shipping Information page. Delivery estimates are not guaranteed. We are not responsible for delays caused by the carrier, weather, or other circumstances beyond our control.

Risk of loss for products passes to you upon delivery to the carrier.

6. Returns, refunds, and the 180-day guarantee

Our return and refund terms, including the 180-day guarantee for subscription customers, are detailed on our Return and Refund Policy page. Those terms are incorporated into these Terms of Service by reference.

7. Intellectual property

All content on the Site, including text, images, logos, product names, and design elements, is the property of Tend or its licensors and is protected by US and international intellectual property laws. You may not reproduce, distribute, or create derivative works from any Site content without our written permission.

8. User conduct

You agree not to use the Site for any unlawful purpose or in any way that could damage, disable, or impair the Site. You agree not to attempt to gain unauthorized access to any part of the Site, other accounts, or any systems connected to the Site.

9. Disclaimer of warranties

THE SITE AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY PRODUCT WILL PRODUCE SPECIFIC RESULTS FOR ANY INDIVIDUAL.

10. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TEND AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM.

11. Dispute resolution and arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE YOUR CLAIMS HEARD BY A JURY.

11.1 Informal resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at hello@trytend.co and attempt to resolve the dispute informally for at least 30 days. Most concerns can be resolved this way.

11.2 Binding individual arbitration

If we cannot resolve a dispute informally, you and Tend agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or any product purchased from us (collectively, "Disputes") will be resolved exclusively through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, and not in court.

The Federal Arbitration Act, 9 U.S.C. sections 1-16, governs the interpretation and enforcement of this arbitration agreement.

11.3 Class action and jury trial waiver

YOU AND TEND AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. You agree to waive the right to participate in a class action lawsuit or class-wide arbitration.

YOU AND TEND WAIVE THE RIGHT TO A TRIAL BY JURY.

11.4 Small claims court exception

Notwithstanding the above, either party may bring an individual action in small claims court for disputes within that court's jurisdictional limits.

11.5 Arbitration procedures

  • The arbitration will be conducted by a single arbitrator.
  • The arbitration may be conducted by telephone, online, based on written submissions, or in person in the county where you reside or another mutually agreed location.
  • We will pay all AAA filing fees and arbitrator costs for claims under $10,000, unless the arbitrator determines your claim is frivolous.
  • The arbitrator may award the same relief that a court could award, including injunctive or declaratory relief, but only to the extent required to satisfy your individual claim.
  • The arbitrator's decision is final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

11.6 Opt-out right

You have the right to opt out of this arbitration agreement. To opt out, you must send written notice to hello@trytend.co within 30 days of first accepting these Terms. Your notice must include your full name, email address, mailing address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, you may pursue disputes in court, but the class action waiver and jury trial waiver still apply to the fullest extent permitted by law.

11.7 Severability

If any part of this arbitration agreement is found unenforceable, the remaining parts will continue to apply. If the class action waiver is found unenforceable, the entire arbitration agreement will be void, and disputes will proceed in court on an individual basis only.

12. Privacy

Your use of the Site is also governed by our Privacy Policy. By using the Site, you consent to the collection and use of your information as described in our Privacy Policy.

California residents

If you are a California resident, you have rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including:

  • The right to know what personal information we collect, use, disclose, and sell
  • The right to request deletion of your personal information
  • The right to correct inaccurate personal information
  • The right to opt out of the sale or sharing of your personal information
  • The right to non-discrimination for exercising your privacy rights

We do not sell your personal information. We do not share your personal information for cross-context behavioral advertising.

To exercise any of these rights, contact us at hello@trytend.co. We will respond to verifiable consumer requests within 45 days.

We honor the Global Privacy Control (GPC) browser signal as a valid opt-out request.

13. Governing law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws provisions, except that the arbitration agreement in Section 11 is governed by the Federal Arbitration Act.

14. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or by posting a notice on the Site at least 30 days before the changes take effect. Your continued use of the Site after changes take effect constitutes your acceptance of the updated Terms.

Changes to pricing or subscription terms will be communicated separately in accordance with Section 4.

15. Severability

If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

16. Contact

For questions about these Terms, contact us at:

Tend
Email: hello@trytend.co
Website: trytend.co